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City Council Agenda Packet 05-13-2002AGENDA REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, May 13, 2002 - 7 p.m. RECONVENED BOARD OF REVIEW - 6: 30 P.M. Mayor: Roger Belsaas Council Members: Clint Herbst, Brian Stumpf, Roger Carlson, Bruce Thielen 1. Call to order and Pledge of Allegiance 2. A. Approve minutes of April 22, 2002 regular Council meeting. B. Approve minutes of May 8, 2002 Board of Review 3. Consideration of adding items to the agenda. A. Ai6"-� 4 B. Citizens comments/petitions, requests, and complaints. Consent agenda. A. Consideration of ratifying new hires for the Community Center, Public Works & City Hall. B. Consideration of authorizing request for proposals for legal services and review of scope of work covered by contract. C. Consideration to review and accept the year end EDA financial statements, activity report and 2002 proposed budget. D. Consideration to approve assigning the Contract for Private Development from Front Porch Associates to First National Bank of Elk River. E. Consideration of concept stage planned unit development allowing a single family residential development in the R-3 zoning district. Applicant: Central Minnesota Housing Partnership and the City of Monticello. F. Consideration of approval of a request for a conditional use permit allowing a convenience food store in the Central Community District. Applicant: Dennis Archer/Domino's Pizza. G. Consideration of a simple subdivision request and consideration of a conditional use permit allowing residential uses on the first floor of structure in the Central Community District. Applicant: Gary Nesseth. H. Consideration of final plat approval and amendment to the zoning map to rezone Groveland 3" Addition from agriculture open space to single family residential. Applicant: Ocello, LLC. Agenda Monticello City Council May 13, 2002 Page 2 I. Consideration of an amendment to the Subdivision Ordinance pertaining to recent amendments to the Residential Development Standards. Applicant: City of Monticello. J. Consideration of ordinance amendments clarifying single family zoning standards based on recent district standards adoption. Applicant: City of Monticello. K. Consideration to approve a resolution calling for a public hearing by the City Council on the proposed adoption of a modification to the redevelopment plan for Central Monticello Redevelopment Project No. 1 and the proposed establishment of Tax Increment Financing District No. 1-30 therein and the adoption of a tax increment financing plan therefor. L. Consideration of adopting resolution in support of designating Yucca Mountain as the national repository for spent nuclear material. M. Consideration of a request for concept stage Planned Unit Development for Otter Creek Crossings Business Park. Applicant: Otter Creek, LLC. N. Consideration of granting a license of use over an easement on the Groveland Commercial Center Site. 6. Consideration of items removed from the consent agenda for discussion. 7. Public .Hearing - Compliance with Wild and Scenic Rivers Act - Hans Hagen Development - Riverwalk 8. Consideration of a development stage planned unit development and approval of preliminary plat. Applicant: Hans Hagen Homes. 9. Consideration of a request by Marian Jameson for vacation/turnback of Old Territorial Road. 10. Consideration of adopting resolution prohibiting parking on CSAH 75 from Otter Creek Road to Chestnut Street. 11. Consideration of approving plans and specifications and authorizing advertisement for bids for Groveland Third Addition. 12. Consideration of holding workshop for the purpose of development of assessment policy for street and utility reconstruction for upcoming projects. 13. Approve payment of bills for May. 14. Adjourn MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, April 22, 2002 - 7 p.m. Members Present: Roger Belsaas, Roger Carlson, Clint Herbst, Brian Stumpf and Bruce Thielen. Members Absent: None 1. Call to Order and PledLye of Allegiance. Mayor Belsaas called the meeting to order at 7 p.m. and declared a quorum present. The Pledge of Allegiance was said. 2. Approve minutes of April 8, 2002 regular council meeting. ROGER CARLSON MOVED TO APPROVE THE MINUTES OF THE APRIL 8, 2002 REGULAR COUNCIL MEETING WITH A CORRECTION TO THE MOTION FOR AGENDA ITEM 47 TO INDICATE CITY COUNCIL SUPPORT FOR DEVELOPMENT OF AN ICE ARENA WITH THE CITY LEASING OR DONATING THE LAND FOR THE 7TH STREET SITE. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of addin.a items to the agenda. City Administrator Rick Wolfsteller added discussion of city owned Remmle parcel to the agenda. 4. Citizen comments/petitions, requests and complaints. None. 5. Consent Agenda. A. Consideration of ratifying new hires for community center, city hall and public works. Recommendation: Ratify the hiring of the new employees for the community center, city hall and public works as identified. B. Consideration of a request for a conditional use permit for concept stage development allowing residential uses on the first floor in the CCD District. Applicant: Hans Hagen Homes. Recommendation: Move to approve a conditional use permit for a concept stage Planned Unit Development allowing residential uses on the first floor in the CCD district subject to the following conditions: Development stage planned unit development approval shall be subject to the review and approval of the Design Advisory Team. Z Council Minutes - 4/22/02 2. The project grading, drainage and utilities must be developed subject to the approval of the City Engineer. 3. The five foot wide public sidewalk along Front Street shall be located entirely on the public right of way and at least one foot distant from the property line of the Riverwalk development, parallel to Front Street. 4. The preliminary plat and development stage planned unit development shall remove all encroachments into public right of way and address encroachments onto adjacent lots. A copy of covenants and by-laws of the homeowners' association must be submitted to the City. 5. Concrete curb and gutter in a B-6/12 design with concrete drive approaches shall be provided on both sides of the proposed alley according to city ordinances and standards or in accordance with the direction of the City Engineer. 6. Complete landscape plans shall be submitted for development stage Planned Unit Development consideration. 7. Buildings must meet or exceed the minimum building height requirements of the CCD District. 8. Final alignment of Front Street to be determined at development stage PUD. 9. Final approval after completion of DNR notification and comment. C. Consideration to approve entering into the contract for private development between Hans Hagen Homes, the City and the HRA. Recommendation: Move to approve entering into a Contract for Private Development among the HRA, the City and Hans Hagen Homes, Inc. D. Consideration of accepting final plat and development agreement for Vine Street Townhome Project. Recommendation: Move to approve the final plat and development agreement for the Vine Street Townhome Project contingent upon completion of items noted in the PUD approval and contingent on final review of development agreement by City Attorney and plat review by City Engineer and on presentation of restrictive covenants. Res. #2002-21 E. Consideration to approve amendment to the contract for private development between Front Porch Associates, LTD, the City and the HRA. Recommendation: Approve amending the Contract for Private Development among Front Porch Associates, LTD, the City and the HRA subject to review of the agreement between Big Lake Lumber and Front Porch Associates by the HRA Attorney. F. Consideration of rezoning the Groveland II subdivision from A -O to R-1 designation. Recommendation: Approve amending the zoning map by rezoning the area encompassed by Groveland II from A -O to R-1 based on the finding that the rezoning is consistent with the Comprehensive Plan. Ord. Amd. #374 2 21� Council Minutes - 4/22/02 G. Consideration of approval of contract with Hoglund Transportation for Heartland Express Bus Service for year 2002. Recommendation: Approve the extension of the contract for Heartland Express bus service with Hoglund Transportation at $27.04 per hour for the year 2002. BRIAN STUMPF MOVED TO ADD TO THE CONSENT AGENDA ITEMS #10, #12 AND # 13. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 10. Consideration of modification to Title V. Chapter 4 of the City Ordinance, Open Burning. Recommendation: Approve amendment to ordinance as drafted. Ord. Amd 4373 12. Consideration of a request for a variance to lot width in order to allow for a simple subdivision creating two lots from one parcel. Applicant: Church of St. Henry. Recommendation: Approve the recommendation of the Planning Commission to allow the variance in lot width and simple subdivision based on the findings noted in the report and subject to either one of the following conditions: a) The existing garage be either removed or moved to meet code or b) approve a license allowing the garage to extend into the public right of way of Minnesota Street. 13. Consideration of resolution updating Municipal State Aid Street system for the City of Monticello. Recommendation: Approve resolution designating School Boulevard from CR 18 (Fenning Avenue ) to Oakwood Drive as a MSAS addition for the year 2002. Res. # 2002-22. CLINT HERBST MOVED TO APPROVE THE CONSENT AGENDA AS AMENDED. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent agenda for discussion. None. 7. Public Hearing - Consideration of resolution adopting assessment roll for delinquent 4-:1:4:-.. u LI11l1CJ. Mayor Belsaas noted that the purpose of the public hearing was to accept comment on the proposed delinquent utility amounts that were being certified to the County. Mayor Belsaas opened the public hearing. No one spoke for or against the proposed assessment. Mayor Belsaas then closed the public hearing. Council Minutes - 4/22/02 BRIAN STUMPF MOVED TO ADOPT THE ASSESSMENT ROLL FOR THE DELINQUENT CHARGES AS PRESENTED. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Res. 92002-18. 8. Public Hearine - Consideration of improvements to CSAR 75 from WashinLFton Street to Otter Creek, Proiect No. 2000-16C. City Engineer, Bret Weiss of WSB, reviewed with the Council the proposed improvements to CSAH 75 from Washington Street to Otter Creek Road planned for the summer of 2002. Mr. Weiss noted that the improvement project will include a complete reconstruction of Broadway with a new bituminous surface, and will include a new median with numerous left turn lanes along with additional landscaping in various locations along the median. The project will also include replacement of various segments of sanitary sewer and/or watermain, since many of the utilities have exceeded their estimated life span. Mr. Weiss noted that the estimated cost of the project will be around $3,000,000 with Wright County's portion of the project estimated at $1,100,000 and the City's share at $1,920,000. Mr. Weiss noted that the City plans on borrowing money through a bond sale to finance their share of the project, at least 20% of the project ($400,000) needs to be assessed to benefitting property owners in order to borrow fiends for the project. Mr. Weiss, also noted that a final assessment policy has not yet been established by the City Council and will need to be addressed by the Council in the near future. It was also noted that three property owners along Broadway were inadvertently left off the first public hearing notice and it was recommended that the Council may want to consider closing the public hearing and calling for a new public hearing on the project for the second meeting in May. Mayor Belsaas opened the public hearing and asked for public comments regarding the improvement project. Kathy Dressen of 636 West Broadway inquired as to how many parcels along Broadway would be affected by this project. WSB indicated that approximately 170 parcels were notified of the project. Ms. Dressen also felt that some of the street crossing closures for the new left turn lanes may cause a decrease in some property values. Doug Herre of 1101 West Broadway noted his opposition to construction of a pathway being proposed on the west side of Broadway from West Side Market (Otter Creek Road to Chestnut Street). Bret Weiss indicated that the pathway was being constructed for safety reasons for children walking in the area and that it wasn't considered good planning to simply have a crosswalk near West Side Market from the south side of Broadway where an existing pathway existed. Mr. Herre also was concerned about loss of trees along the north side if a pathway was put in and the engineer indicated they would do what was necessary to save as many trees as possible. Gerald Paulson, owner of the building at 236 West Broadway, asked if other city funds were 4 Council Minutes - 4/22/02 available to help pay for the cost instead of using general property taxes. Mr. Paulson specifically inquired as to whether additional state aid funds wouldn't be available to reduce the cost to the property owners. Mr. Weiss noted that state aid fiends for this project would have to be obtained by Wright County since it is a county, state aid highway and that any state aid funds would not be used by the County to reduce the City's share of the project. Doug Schneider, a property owner in the downtown area, was concerned about on street parking lost during construction and felt that it would be detrimental to the downtown businesses if too much parking was lost during the construction process. Mr. Schneider also questioned how replacing bituminous surfacing would increase the value of abutting properties and whether there was any merit in assessing any of the cost to abutting property owners. He also did not feel property owners should be picking up all of the cost of beautification items such as plantings and landscaping for this prod ect. Buddy Kalpin, of 336 East Broadway, did not feel that the improvements being proposed would do anything to help traffic and was also concerned about the assessment process. Rich Carlson of 532 West Broadway felt that traffic will simply be diverted to other side streets like 3 and River Street because of some of the median restrictions that will be constructed across Broadway. Steve Johnson, a downtown business property owner, supported the city project and felt that a 20% cost to property owners was a good deal for the citizens with 80% of the cost being picked up by taxes rather than assessments. George Liefert of 203 Minnesota Street expressed concerns on snow removal plans and felt that snow that is piled in the parking lanes will be a problem since the parking lanes will actually be smaller in width than currently. It was noted by the engineer that discussions are currently taking place with Wright County officials on establishing a possible program to remove snow if necessary along Broadway if it became a problem. Mr. Dave Kranz of 743 West Broadway questioned whether the stop light being proposed for Elm Street and West Broadway was going to be installed immediately or at a future date. It was noted that it is planned to be installed with this project. Deb Adams of 818 West Broadway had questioned why the boulevard in front of her home was paved with concrete from sidewalk to curb while other areas along the project are being proposed for grass between the curb and the sidewalk. Ms. Adams was informed that the area in front of her residence had to be a larger width, requiring the entire area in back of curb to be concrete in order to receive state aid for that pathway project when it was constructed. Hearing no further comments, Mayor Belsaaas closed the public hearing at this time and opened it up 5 Council Minutes - 4/22/02 for Council discussion. Councilmember Carlson asked if the west end of the project by the elementary school could receive priority to get the project done as early as possible to avoid problems with the school start this fall. BRIAN STUMPF MOVED TO CLOSE THE PUBLIC HEARING AND CALL FOR A NEW PUBLIC HEARING TO BE HELD ON THE SECOND MEETING OF MAY FOR THE THREE ADDITIONAL PROPERTIES THAT MAY BE AFFECTED BY THIS PROJECT. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 9. Review of bids and consideration of award of bids for sanitary_ sewer rehabilitation proiect in the downtown area, Proiect No. 2000-16C. Bids were received on Friday, April 2nd for the lining of the old sanitary sewers on Broadway from Walnut Street to Cedar Street and on TH 25 from Broadway to Third Street. Three bids were received with the lowest bid being from Lametti & Sons, Inc. with a base bid of $50,631.00 and a base bid with alternate of $65,291.00. BRIAN STUMPF TO AWARD THE BID TO LAMETTI & SONS IN THE AMOUNT OF $65,291.00 FOR THE RE -LINING OF THE SEWER AS PART OF THE CSAR 75 PROJECT. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 10. Consideration of modification to Title 5, Chapter 4 of the Citv Ordinance, Open Burning. Approved with consent agenda. 11. Removed from agenda. 12. Consideration of request for a simple subdivision creating_ two substandard lots from one parcel. Applicant: Church of St. Henry. Approved with consent agenda. 13. Consideration of resolution for modification of City's state aid system. Approved with consent agenda. Added Items: The City Administrator inquired of the Council as to whether there was any interest by the City in selling a portion or all of the city owned Remmle parcel on south TH 25. The administrator noted that he has received inquiries on whether the property was available and it was the consensus of the Council that they were willing to look at development proposals for the entire site, but did not want to specifically market or sell �� R Council Minutes - 4/22/02 were willing to look at development proposals for the entire site, but did not want to specifically market or sell smaller parcels at this time. Mayor Belsaas noted that a closed meeting was held with the City Attorney to review current litigation that existed between the City and the township regarding the Monticello Orderly Annexation Agreement. CLINT HERBST MOVED TO ATTEMPT TO RENEGOTIATE WITH MONTICELLO TOWNSHIP FOR A NEW MONTICELLO ORDERLY ANNEXATION AGREEMENT. ROGER BELSAAS SECONDED THE MOTION. VOTING IN FAVOR THEREOF, HERBST AND BELSAAS. VOTING AGAINST, CARLSON, STUMPF AND THIELEN. 14. Approve payment of bills for April. CLINT HERBST MOVED TO APPROVE PAYMENT OF THE BILLS FOR APRIL. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 15. Adiourn. The meeting adjourned. Recording Secretary 7 MINUTES SPECIAL MEETING - MONTICELLO CITY COUNCIL BOARD OF REVIEW Wednesday, May 8, 2002 - 7 p.m. Members Present: Roger Belsaas, Clint Herbst and Brian Stumpf Members Absent: Roger Carlson and Bruce Thielen 1. Call to Order. The Board of Review was called to order by Mayor Belsaas at 7:05 p.m. Greg Kramber and Dan Wieber from the Wright County Assessor's Office were present. 2. Board of Review. Greg Kramber, Wright County Assessor explained the purpose of the meeting and noted that there was approximately a 10% increase in residential building value (closer to a 9% increase when figuring depreciation) and a $3,000 increase in lot value across the board. Based on 174 sales the assessed value was within 86%-88% of the selling price. Commercial property saw a building value increase of 5% and land increase of 20% with the assessor noting that the TH 25 area saw quite a big increase. Apartments of 18 units and less had an increase of 10%. Apartments in excess of 18 units had a 5% increase. He also informed the Council of those properties that were going to tax court on their valuation. The valuation for individual properties were reviewed: 155-066-001010: Lot 1, Block 1, Remmle Addition. The Assessor did not recommend making any change in the valuation. BRIAN STUMPF MOVED TO MAKE NO CHANGE IN THE VALUATION ESTABLISHED FOR PARCEL 155-066-001010. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 155-031-001080: 147 Hedman Lane. The property owner had hired a contractor to do some work on the house and replace the siding. There were problems with the quality of the work that was done. Originally the property was valued at $122,400 but after reviewing the property the assessor was recommending reducing the value to $102,400 until such time as the work was property completed. CLINT HERBST MOVED TO REDUCE THE VALUATION FOR PARCEL 155-031-001080 FROM $122,400 TO $102,400 UNTIL SUCH TIME AS THE REPAIR WORK IS COMPLETED. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. wal Board of Review Minutes - 5/8/02 155-110-001080: 9382 Eagle Court. The assessor had included in the valuation $2,500 for afire place. The fireplace had been removed and the assessor was recommending that the valuation be reduced to reflect that. BRIAN STUMPF MOVED TO REDUCE THE VALUATION FOR 155-110-001080 FROM $149,200 TO $146,700. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 155-105-004130: 4708 Pebblebrook Drive. The property owner had pulled a building permit to finish off space in the two story structure. In talking to the property owner, the assessor was informed that the work was not completed. The assessor was recommending a reduction in valuation from $174,800 to $162,100. CLINT HERBST MOVED TO REDUCE THE VALUATION FOR 155-105-004130 FROM $1747)800 TO $162,100. BRIAN STUMPF SECONDED THE MOTION WITH DISCUSSION. BRIAN STUMPF ASKED IF THE ASSESSOR HAD VERIFIED THAT THE WORK WAS NOT COMPLETED. THE ASSESSOR STATED THAT THE WORK HAD BEEN STARTED BUT WAS NOT COMPLETED AS OF 1/02/02 MOTION CARRIED UNANIMOUSLY. 155-080-007010: 1610 Oak Ridge Circle. Bob Grabinski questioned the increase in valuation as he was of the understanding that the increase couldn't exceed 5%. Greg Kramber clarified that the assessor establishes the estimated market value. The limited market value is what the tax is calculated on. The limited market value cannot increase in excess of 10% or 15% of the difference between the estimated market value and the limited market value. The assessor noted that part of the increase in value was due to construction. Bob Grabinski indicated that he had an increase in value of $121000 and was told when the work was completed another $6,000 in value would be added. He stated that because of water problems, the work has not been completed. Greg Kramber indicated that $6,700 of value had been added but since the work was not finished, he would recommend reducing it by that amount until such time as the work is completed. BRIAN STUMPF MOVED TO REDUCE THE VALUATION FOR PARCEL 155-080-007010 BY $6,700 UNTIL SUCH TIME AS THE BASEMENT WORK IS COMPLETED. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 155-099-001060: 511 Wright Street. Lowell Mortenson questioned the $11,000 increase for the one unit of a townhouse. He was informed that city wide residential property increased by $3,000 for lot costs and 9% for building. In addition the state requires that the assessed valuation be within 90%-105% of the selling price. The proposed change in valuation for his property from 2001 to 2002 went from $120,500 to $129,900. He questioned the difference in valuation for identical units. The assessor noted that some of the units were shown as having finished basements and some did not and that was the reason for the difference in valuation amounts. 2 Board of Review Minutes - 5/8/02 Mr. Mortenson also mentioned concerns about an unfinished driveway on 7"' Street and snow removal from the pathway in that area. 155-040-001020:. 225 East River Street. Michael Pelarski stated that he did not have a question about the value established for his property but rather why other properties in the same area were valued so much lower. He felt singled out and he indicated that until the value of other properties in the area were adjusted so that all were comparable he should not be alone in paying on a higher value. He would like his property value frozen until such time as all properties in area were at comparable value. The assessor indicated that the valuations in that area were more difficult because of the character and uniqueness of the properties. Unlike newer developments that contained units basically the same in size and design, this residential area had diverse and unique structures so it was more difficult to compare one to another. The assessor concurred that perhaps some of the other properties in the area were undervalued and that is something that would be adjusted. Since the value established for 225 East River Street was not over valued and could be supported, the assessor did not recommend any change to the valuation. BRIAN STUMPF MOVED THAT NO CHANGE BE MADE IN THE VALUATION FOR PARCEL 155-040-001020. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 155-0.10-06901 and 155-023-001110:, Doug Frank appeared concerning the values established for his place of business as well as his residence. He stated when the improvements to CSAH 75 were being discussed he had considered selling his home. The real estate firm placed the value of his property at $159,000 and the assessor had it valued at $169,700. He pointed out that the property at 1101 West Broadway is up for sale with an asking price of $159,000 and he felt that property was comparable to his. The assessor stated that with 9% increase and $3,000 lot increase the value for this property went from $156,000 to $169,700. Mr. Frank noted that the valuation for his business property increased from $55,900 to $62,100 which was in line with the increases by other businesses. CLINT HERBST MOVED TO HAVE THE ASSESSOR VIEW THE PROPERTY AND MAKE A RECOMMENDATION TO THE COUNCIL AT THE RECONVENED BOARD OF REVIEW ON MAY 13, 2002 AT 6:30 P.M. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 155-010-030021:. 314 and 316 Linn Street. Roman Svoboda stated that the duplex was constructed in 1999 at a cost of $176,000 and is currently valued at $244,100. He thought this value was too high considering the properties in the area. Greg Kramber stated that this was a difficult property to set a value for. The duplex is approximately 1,250 sq. ft. on each side which is larger than most units and there is also 22' x 24' garage. The assessor had taken off 10% of the total value because of its location. Since the property has separate utility line, the units could be sold separately and would probably be in the range of $230,000 to $260,000. The assessor noted that a split level brings a little J d' 6 Board of Review Minutes - 5/8/02 more than a rambler because of the basement. Greg Kramber suggested that the Council consider adjusting the value to $230,000. ROGER BELSAAS MOVED TO SET THE VALUATION AT $230,000 FOR PARCEL 155- 010-030021(314 AND 316 LINN STREET). CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. The Board of Review recessed for a brief time. The Board of Review reconvened at 8:45 p.m. 155-080-007090: 1450 Oak Ridge Circle. The property owner questioned the increase in valuation for this property. His property value was set at $238,000. He felt that was considerably higher than other properties in the area. The assessor reviewed with the property owner the values set for other properties in the area. The assessor also reviewed limited market value and estimated market value with the property owner. The property owner had taken information from the County's website which the assessor thought might be inaccurate. The assessor stated that the value established for the property was appropriate but he was concerned about a possible discrepancy in the information from the website. BRIAN STUMPF MOVED TO REVIEW THE VALUATION FOR PARCEL 155-080-007090 AT THE RECONVENED BOARD OF REVIEW. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 155-086-002130 and 002140: 6166 and 6144 Mill Run Road. The property owner stated that the value of these 800 sq. ft. units are affected by the rapid turnover on the smaller units. The value was $129,300 for 2000, $142,000 for 2001 and $156,700 for 2002. The Council reiterated that the assessed value has to be within the 90%-105% range of the sale price. The assessor noted that were 9 other sales in this area and the average of those sales was $128,600 but those were smaller units. Greg Kramber suggested that these units be looked at again. He noted that there were finished basements for these units but he didn't know if that would add $30,000 of value. BRIAN STUMPF MOVED TO HAVE THE ASSESSOR REVIEW THE PROPERTIES AND CONSIDER THE VALUATION FOR THE PROPERTIES AT THE RECONVENED BOARD OF REVIEW ON MAY 13, 2002 AT 6:30 P.M. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 155-048-004010: 218 Jerry Liefert Drive. The property owner expressed her concern about the increase in value which went from $138,800 last year to $154,700 for this year. She felt because of their proximity to the power lines, the pedestrian pathway and the Par West Park, they could not get more than $150,000 for the property. She cited numerous incidents of property damage and nuisances because of the pathway by their property. The assessor noted that the presence of a pathway was not considered when establishing value. He also indicated that in his review of other parcels that had power lines, they were not factors in establishing value. The sales have not shown E a 6 Board of Review Minutes - 5/8/02 that the power lines impact the sales. BRIAN STUMPF MOVED TO MAKE NO CHANGE IN THE VALUATION FOR 155-048- 004010. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. BRIAN STUMPF MOVED AT 9:40 TO RECESS THE BOARD OF REVIEW AND RECONVENE ON MAY 13, 2002 AT 6:30 P.M. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Recording Secretary I Council Agenda - 5/13/02 5A. Consideration of approving new hires and departures for the Communitv Center. Public Works and Citv Hall. (RW) A. REFERENCE ANIS BACKGROUND: The Council is asked to ratify the hiring of new employees that have occurred recently at the community center, public works and city hall.. As you recall, it is recommended that the Council officially ratify the hiring of all new employees including part-time and seasonal workers. B. ALTERNATIVE ACTIONS: 1. Ratify the hiring of the part-time employees for the community center, public works and city hall as identified on the attached list. C. SUPPORTING DATA: Lists of new part-time employees. NEW EMPLOYEES Name Title Department Hire Date Class Gerald Barthel Parks Worker Parks 4/29/02 seasonal Don West Parks Worker Parks 4/29/02 seasonal Andrew Whitney Wheel Park Att MCC 5/1/02 PT Annie Zimmerman Finance Clerk City Hall 4/24/02 PT TERMINATING EMPLOYEES Name Reason Department Last Day Doreen Ogard voluntary MCC 4/20/02 employee council list.xls: 05/07/2002 21 Class 0 Name Matt Weldon Katey Abbott Name NEW EMPLOYEES Title Department custodian MCC slide attendant MCC TERMINATING EMPLOYEES Hire Date Class 4/12/02 temp 4/4/02 PT Reason Department Last Day employee council list.xls: 04/29/2002 Class Council Agenda - 5/13/02 5B. Consideration of authorizin! request for proposals for Ieg_al services and review of scope of work covered by contract. A. REFERENCE AND BACKGROUND: For many years the City has appointed the firm of Olson, Usset and Weingarden as City Attorney. While initially Paul Weingarden from the firm represented the city in legal matters, Dennis Dalen has since replaced him as the firm's representative. As far as we have been able to determine the City has operated without a contract with the firm for the legal services they provide. The staff feels that it would be timely to review and evaluate what services the City wants to have provided by their legal counsel and whether the current legal firm adequately provides the services the City wants. Attached is a general scope of work which lists the services that the City feels should be provided by their legal counsel. The Council may wish to review the services listed and make additions or revisions. City staff has noted problems with slow response time in matters requiring review by the City Attorney's office. The legal concerns that are priorities of the City are not always given the same priority by the City Attorney. An example of this would be the nuisance/blight abatements where the efforts of staff in getting the blight cleared is not snatched by the City Attorney. In addition there is the perception of a lack of adequate preparation on the part of the City Attorney in handling legal issues for the City. For city staff this creates an erosion of confidence in the capabilities of the City Attorney. If the Council shares the concerns of staff with the performance level of the present firm, they could consider authorizing staff to seek RFP's for legal services from a limited number of law firms. B. ALTERNATIVE ACTIONS: 1. The Council could approve the scope of work as presented or with revisions and authorize staff to prepare a request for proposals for legal services. 2. The Council could approve the scope of work as presented or with revisions and authorize staff to prepare a contract with the present law firm based on the scope of work approved by the Council. 3. The Council. could continue to operate without a contract with the present law firm. C. STAFF RECOMMENDATION: It is feasible for the City to periodically evaluate the services it contracts for. Seeking RFP's from a limited number of firms would allow the City to compare services as well as the cost of these services and from this comparison make a determination on who can best provide the services. It is the recommendation of the City Administrator and staff that the Council approve Alternate 41. D. SUPPORTING DATA: Scope of Services SCOPE OF SERVICES As City Attorney for the City of Monticello, the attorney shall : f► Attend all City Council meeting, as requested.. ❑► Draft and review ordinances, resolutions, agreements and correspondence as requested. r► Review all City Council and Planning Commission agenda items and minutes. �► Advise the City on general legal matters, including open meeting law and data practices and privacy issues. 0► Prepare or review municipal contracts, including contracts for public improvements, developments, joint powers agreements, construction and purchase of equipment. �► Research and submit legal opinions on municipal matters or other legal matters as requested by City staff. ❑i Advise the City on the status of all legal matters before the City and provide a quarterly written status report on all current litigation and unresolved matters. ❑► Review bonds, deeds, securities and insurance issues required by or for City contracts or activities. ►0Review documents submitted by bond counsel involving the issuances of debt or debt related instruments and provide opinions as requested or required. ❑► Interpret and advise regarding State land use statutes and City Code,. E► Prepare and/or review Conditional Use Permits and documentation, vacation of rights-of- way and special assessments © Assist the staff on public improvement projects and the special assessment process to ensure the City is in compliance with state statutes governing these activities. City Council Agenda - 5/13/02 5C. Consideration to review and accent the Year -End EDA Financial Statements., Activity Report. and 2002 Proposed Budget. (O.K.) A. Reference and Background: This item is presented to comply with City Ordinance Amendment No. 172, Section 2-3- 6 (A), "The Authority shall prepare an annual budget projecting anticipated expenses and sources of revenue;" and (B), "The Authority shall prepare an annual report describing its activities and providing an accurate statement of its financial condition. Said report shall be submitted to the City Council each year." The financial reports were prepared by Executive Director Koropchak. The Economic Development Authority (EDA) accepted the year-end reports and budget at the annual meeting held April 23, 2002. All Greater Monticello Enterprise Fund (GMEF) loan pay backs are current. Therefore, the EDA now submits to the City Council a copy of the EDA-GMEF Balance Sheet; Statement of Revenues, Expenditures, and Changes in Fund Balance for the Year; Annual Activity Report; and 2002 Cash Flow Projections (Budget) for review. You will note on the Balance Sheet, the EDA-GMEF cash balance as of December 31, 2001, is $7901782.40. As you recall, in 1997 the EDA appropriated $200,000 from the GMEF for the Downtown Monticello Revitalization Fund (DMRF) for matching facade improvement grants, fee reimbursement and loans. The DMRF cash balance as of December 31, 2001, is $152,160.03. At the 2002 annual meeting, the EDA made a motion to discontinue the DMRF program and to reserve the funds for a potential drainage, trash, parking revitalization project for Block 35 in 2003. Additionally, you will note on the Revenue and Expenditure ...... Sheet, the transfer of $77,000 from the EDA-GMEF to the Liquor Fund in 2001. Although the 2002 Cash Flow Projection shows a transfer of $79,000 to the Liquor Fund, the EDA made a motion to table any action to repay the Liquor Fund in 2002. Since dollars are not transferred by the Finance Department until the end of the year, the commissioners elected to defer action and evaluate the GMEF balance at a later date. Only GMEF No. 013 Loan will balloon in 2002. Two other sources of fiends available for use by the EDA is the payback from the State - Twin City Die Castings loan which has a current balance of $93,412.99 and State- Aroplax loan with a current balance of $10,747.63. City Council Agenda - 5/13/02 If a council member has questions of the year-end report, please remove from the consent agenda; otherwise, the EDA requests the City Council make a motion to accept the EDA year-end reports. B. Alternative Action: 1. A motion to accept the EDA Balance Sheet; Statement of Revenues, Expenditures, and Changes in Fund Balance; 2002 Cash Flow Projections; and the Annual Activity Reports as presented. 2. A motion to deny acceptance of the EDA Balance Sheet; Statements of Revenues, Expenditures, and Changes in Fund Balance; 2002 Cash Flow Projections; and the Annual Activity Report as presented. C. Recommendation: Recommendation is alternative # 1. Reason for the recommendation is that all reports are reported as true and correct; the budget is based on projections only; therefore, said motion would affirm compliance of Ordinance Amendment No. 172. D. Supporting Data: Copy of the Year -End Statements, Activity Report, and 2002 Cash Flow Projections for the EDA. 2 MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY MONTICELLO GREATER MONTICELLO ENTERPRISE FUND (GMEF) Balance Sheet December 31, 2001 ASSETS Cash in Bank $790,782.40 Notes Receivable - Tapper, Inc. $ -0- Notes Receivable - Muller Theatre $ -0- Notes Receivable - SMM, Inc. $ -0- Notes Receivable - Aroplax Corp. $ -0- Notes Receivable - Custom Canopy, Inc. $ -0- Notes Receivable - Standard Iron $ -0- Notes Receivable - Vector Tool $ 39,369.58 Notes Receivable - Tapper, Inc. $ -0- Notes Receivable - SELUEMED $ 20,467.90 Notes Receivable - T J Martin $ 60,097.27 Notes Receivable - Mainline Distribution $ 92,569.07 Notes Receivable - Aroplax Corp II $ 94,643.96 Notes Receivable - TCDC $ 82,243.72 Totes Receivable - IRTI $ 72,192.02 'Notes Receivable - GWJ,LLC $ 29,777.68 Notes Receivable - VisiCom $ 9,741.42 Appropriations Receivables - 2001 $ -0- TOTAL ASSETS FUND EQUITY Fund Balance Reserved for Participation Loans (Economic Development) TOTAL LIABILITIES AND FUND EQUITY * 2001 transfer to Liquor Fund $77,000 Original Liquor Fund transfer to EDA $383,000. $1,291,885.02 $1,291,885.02 $1,291,885.02 01 -1 ITY M Z P'U��1pRiND GI,�EF al aac e ELpp�iE-?? SEF in Fund B C DEV2E R SCp�pM lsr jCSLL EN Y, d Chang 2 0 01 p�TICEI,LA'tER Mp`t 1eg , mer 31 M GRE s ExP ell c, D e c Reve%I:ae Year E temer't °� F°r the _ - Sta 0 $ 3121a 56 602 � 0.6 ions - otes � 5000" REVENUE propyl 1 _ GMEF Note Ap 20 0 come _ DMR estmen Znteze t Znc° e Zn estmen SCREG $ 4005 Intpzps t Znc°m e - InV pstmpnt MZF $ � 4� 2 p 9 Irate re t Zn Co e I Vestment $ ,0_ $ a3029. _ Z Z ��e�.pst Znc°me Z tezest Zn Fees Loan Fees Legg M� ellaneu s 500 00 s 0 EVENUES � 3 0 0 0 4415.5 0 TOTP'L R $ �5 441 . ES _ Zngl 00 pENDITUR,Loans G rpVol eVolVing� $ -7 000 . EX GME ZR� I �UDA IUDAG r 6 44 O p GSv1 I,L 1 apes 1 Fees FU $ 10 G1.�EF Legal FUND ().25 r 960.25 GMEF prR T� LZ4 lVingl $ 1000 .()0TR�s L an GMEF �pV° $ - 2 • 280 DMRF is1Com l � 8 40 .50 V t Tr. i DMRF G ckp pn.nY � 3 9 '0 0 - 0 DraYna Fees Fees MRF Leg apssional DMRF Pr°Peps GtY1prs Se�V 1 llane°� ent Note Iince ust�` nt Add TURES p�ditures EXPENDZ Ver Exp TOTAL eVen�es O ar R Ye Excess of ning of gegen BAL�CE FUND F UND BALD �J� MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY GREATER MONTICELLO ENTERPRISE FUND (GMEF) 2002 CASH FLOW PROJECTION BEGINNING CASH BALANCE, January 2002 $ 790,782.40 RECEIPTS Appropriations, Expected - GMEF $ -0- Notes Amortization Payments - Tapper Inc. -0- Muller Theatre -0- SMM, Inc. -0- Aroplax Corp. -0- Notes Receivable -0- Custom Canopy, Inc. -0- Standard Iron -0- Vector Tool ($509.98 Mo.) 11-03 $ 6,119.76 Tapper's II -0- SELUEMED $ 20,667.08 T.J. Martin ($1,716.12 Mo.) 3-05 $ 20,593.44 Mainline Distrib.($702.08 Mo.) 6-04 $ 8,424.96 Aroplax Corp. II ($730.93 Mo.) 12-04 $ 8,771.16 TCDC ($1,457.29 Mo.) 7-07 $ 17,487.48 IRTI ($549.57 Mo.) 10-06 $ 6,570.84 EDMA ($193.89 Mo.) 9-06 $ 2,326.68 VisiCom ($115.78 Mo.) 5-04 $ 1,389.36 Interest Income - Investment (est.) $ 30,000.00 Loan Fees $ 400.00 Loan Fees Other $ 191.75 Miscellaneous $ 1,000.00 TOTAL RECEIPTS $ 123,942.51 TOTAL BEGINNING BALANCE AND RECEIPTS $ 914,724.91 EXPENDITURES GMEF Loans Production Stamping $150,000.00 UMC $200,000.00 Re -payment to Liquor Fund $ 79,000.00 DMRF Grants $ 12,827.18 Chamber $ 2,172.82 Loans $ -0- Legal $ 1,000.00 Aiscellaneous $ 1,000.00 TOTAL EXPENDITURES $ 446,000.00 EXPECTED CASH BALANCE, December 2002 $ 468,724.91 5� 2001 ECONOMIC DEVELOPMENT AUTHORITY ACTIVITY REPORT MEETING DATE SUBJECTS ,Ianuary ')0,-'-)001 No action taken on the second DMRF application for 1 13 West Broadway. No action taken to call GMEF No. 014 for late payment. March 15, 2001 Reviewed preliminary GMEF application from Integrated Recvcling Technologies, Inc. Approved GMEF No. 01 S for IRTI, a real estate loan, in the amount of $72.500. Loan at 6.5%, amortized over 30 years_ balloon payment in 5 years. Loan fee $200. Collateral, ouarantees, and other condition requirements to be determined and prepared by EDA Attornev. Denied approval for second DMRF application for 1 I3 West Broadway. Completed work after the fact, not to set precedents. Applicant informed of appeal process. April 24, 2001 Public Hearing and approved amending the Business Annual Meeting Subside Criteria for the Monticello EDA to include a Late Fee Policy. EDA Officers elected for 2001: President Bill Demeules Vice President Barb Schwientek Treasurer Rick Wolfsteller Assistant Treasurer Ken Maus Secretary 011ie Koropchak Accepted EDA 2000 Year -End Financial Statements and Activity Report. All existing GMEF loan paybacks are current. Approved extending the use of the approximate $150.000 balance of the DMRF program for one year. refocusing attention on certain projects and authorizing staff to contact City Planner Steve Grittman to provide cost estimates for 5G 2001 EDA Activity Report trash receptacles and parkin -1. and to brie<g, back to the EDA for further discussion. Authorized repayment of the LigLior Funds in an amount of 10% ($77.000) of the GMEF cash balance. not to drop below a cash balance of $400.000. To be reviewed on an annual basis. Repayment per the EDA Business Subsidy Criteria. Directed staff to contact legal consultant to begin proceedings to call the loan of T. J. Martin. unless T J. Martin sets up an automatic payment process for the EDA Loan. May 22. 2001 Approved DMRF No. 112 for 207 Pine Street (Thickpenny) in the amount of $5.366 for facade improvements. Approved DMRF No. 11-3) for 205 Pine Street (City/Chamber) in the amount of $2.365.56 for facade improvements and up to $500 for fee reimbursement. Authorized Chamber Director to approach McCarty for permission to paint portion of adjacent wall with DMRF funds up to a maximum amount of $1.000. Authorized Planner Consultant Grittman to proceed with site concepts. not facade improvements. for a portion of Block 35 at a cost not to exceed $1.800. To work with Public Works and downtown business owners. Approved amending the EDA Bylaws stating the regular meetings of the EDA shall be held on the 4`h Tuesday of .January, April. July and October. The annual meeting shall be in conjunction with the reoular April meeting. June 19. 2001 Approved an additional $1.475 to DMRF No. 112 for removal of asbestos. Total amount of DMRF matching dollars is $6.841 plus up to $500 fee reimbursement. July 19. 2001 Authorized Planner Grittman to prepare a letter of intent from the EDA to the property owners of Block 35 that 5(:-" 2001 EDA Activity Report would present them xith the concept proposed by Grittman, Loch. and Flicker to get a commitment from them to wort: with the EDA for future improvements with the realization that 75% to 100% of the cost would most likely be picked up by the EDA. Grittman to meet individually tivith those unable to attend a joint mectino Approved extending the non-performance date of August 29, 2001 to May 29. 2002 for DMRF No. 1 11 between the EDA and VisCom. Inc. Reviewed preliminary GMEF application form EDMA Company. Approved GMEF Loan No. 019 for GWJ. LLC dba EDN/IA Company in the amount of -S-30.000. with terms of 20 years. 4.75% interest rate. balloon in 5 years and loan fee of 5200. Collateral. guarantees. and other condition requirements to be determined and prepared by the EDA Attorney. Loan approval subject to SBA approval and Council ratification. AuUust 21. 2001 Report by Planner Grittman on interest of Block 35 property owners for revitalization of rear -parking, entry areas. Tabled any action on Block 35 for further information from the Cite En<.-,ineer and Public Works Director. October 17. 2001 By consensus of the EDA and business owners present. the decision was to take no action on the parking/trash improvements for Block 35 until 2002 when Broadway reconstruction project is completed. Business owners will meet to discuss contracting for private party to plow and remove snow from the private property and alley, billing the City for a portion of the costs. EDA agreed not to amend the EDA Guidelines extending the DMRF boundaries but to encourage anyone to present a plan to DAT and the EDA. November 13. 2001 Approved the Subordination Agreement between Firstar Bank N.A. and the Monticello EDA. This associated with 2001 EDA Activity Report the approval to extend the GMEF ballooll date and interest rate adjustment to 2% below prime for Gi'VIEF No. 010 (Blue Chip) on November 8. 2000. 4 C\j C) C:) cli co x LLI CD LO CD (D rl- 1�- 0 M M — LO N I-0 (D 0 CO M CD — "Cl" r- — N LO . . . . . . . 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Consideration to approve assigning the Contract for Private Development by and among Front Porch Associates, LTD, the HRA, and the Citv to First National Bank of Elk River. (O.K.) A. Reference and background: The Council is asked to approve assigning the Contract for Private Development by and among Front Porch, the HRA, and the City to First National Bank of Elk River. The Contract is being assigned to the lender, First National Bank of Elk River, as collateral for the loan secured by Front Porch for this project. With the Contract being assigned to First National Bank, the pay-as-you-go TIF installments are paid to the Bank, not Front Porch. The Assignment of the Contract for Private Development was prepared by Greg Holten, First National Bank of Elk River, and reviewed by HRA Attorney Dan Greensweig, Kennedy & Graven. On May 1, 2002, the HRA approved assigning the Contract for Private Development by and among Front Porch, the HRA, and the City to First National Bank of Elk River subject to a meeting to clarify the terms and conditions of the Agreement between Front Porch and Big Lake Lumber. On May 8, 2002, HRA Attorney Greensweig; Mike Cyr, Front Porch; Ron Klindworth, Big Lake Lumber; Greg Holten, First National Bank; and Koropchak met to review all documents. With minor adjustments to the definition of the closing date and accrual date within the Contract for Private Development, all documents were determined satisfactory to proceed with the project. B. Alternative Action: 1. A motion to approve assigning the Contract for Private Development by and among Front Porch Associates, LTD, the HRA, and the City to First National Bank of Elk River. 2. A motion to deny approving the assignment of the Contract for Private Development by and among Front Porch Associates, LTD, the HRA, and the City to First National Bank of Elk River. A motion to table any action. C. Recommendation: Recommendation is Alternative No. 1 City Council Agenda - 5/13/02 D. Suimortinay Data: Copy of the Assignment of Contract for Private Development. ASSIGNMENT OF CONTRACT FOR PRIVATE DEVELOPMENT, This Assignment of Contract for Private Development is made and entered into as ofthe� day of April, 2002, by and among FRONT PORCH ASSOCIATES, LTD., a Minnesota corporation (the "Developer"), FIRST NATIONAL BANK OF ELK RIVER, a United States banking corporation (the "Lender"), THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR CITY OF MONTICELLO, MINNESOTA, a public body corporate and politic under the laws of Minnesota (the "Authority"), and CITY OF MONTICELLO, a Minnesota municipal corporation (the "City"). RECITALS A. The Developer has entered into that certain Contract for Private Dpyvelopment w�h the Authorityand the Ci (collectively, the "Public Entities"), dated on or about .X1) ; r` ( 2.3 r , City ( Y 2002 (the "Contract") providing for the improvement of the real property described therein (the "Project"). B. The Developer has requested that the Lender extend to it a loan in the amount of S220,000.00 (the "Loan"), evidenced by a promissory note of like amount and of even date herewith, executed and delivered by the Developer to the Lender (the "Note"). The purpose of the Loan is to enable the Developer to perform its obligations with respect to the Contract and the Project. C. To secure repayment of the Loan and Note, the Developer has agreed to make a collateral assignment to Lender of all of the Developer's right, title and interest in and to the Contract, including without limitation all rights to reimbursements from the City using tax increment as provided in Section 3.8 of the Contract (the "Reimbursements"). AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties, the parties agree as follows: 1. Assignment of Contract, Reimbursements. As security for performance by the Developer of the Loan and the Note, the Developer does hereby bargain, sell, assign and set over unto the Lender, for so long as any indebtedness under the Note remains outstanding, all of the Developer's right, title and interest in and to the Contract, including, without limitation, all Reimbursements when the same shall be payable by the Authority. This assignment constitutes a perfected, absolute and present assignment. Until the Note is repaid in full, the Developer cannot and shall not further assign or encumber the Contract, and any such purported assignment or encumbrance shall be null and void. BnEIkRiver-Froms103252-asg 1� D 2. Collection and Pavment. The Developer hereby authorizes and directs the Authority to pay all Reimbursements directly to the Lender on account of the Contract. The Lender shall have the right and shall be entitled, so long as any indebtedness under the Note remains outstanding, to receive and collect all Reimbursements under the Contract in accordance with its terms. 3. Consent to Assignment. The Developer and the Public Entities, by executing this Assignment, agree that the Lender does not assume any of the obligations or duties ofthe Developer under or with respect to the Contract unless and until the Lender shall have given to the Authority written notice that it has affirmatively exercised its right to exercise the collateral assignment effected by this Agreement and to assume performance under the Contract. Notwithstanding the foregoing, the Lender may, without assuming performance of the Contract, request and receive from the Authority Reimbursements payable or which become payable under the Contract, in accordance with the following paragraph. 4. Continuing Authorization; Indemnification. The above authorization by the Developer to the Authority to pay Reimbursements to the Lender is absolute and irrevocable. The Developer hereby indemnifies and holds the Public Entities harmless from and against any claims or liabilities arising or purporting to arise from the performance by the Public Entities of their obligations under this Assignment, including, but not limited to, payment of all Reimbursements directly to the Lender. The Lender may request and receive said Reimbursements without assuming performance of the Contract, it being understood by the parties that in any event Reimbursements shall only be payable by the Authority in accordance with the terms and conditions of the Contract, and if an Event of Default is occurring under the Contract Reimbursements will not be paid by the Authority to the Lender unless the Lender cures the Event of Default as provided in paragraph 5, below. The Developer hereby indemnifies and holds the Public Entities harmless from and against any claims or liabilities arising or purporting to arise from the performance by the Public Entities of their obligations under this Assignment. 5. Cure of Events of Default. Upon learning of the occurrence of any Event of Default by the Developer under the Contract, the Authority shall give the Developer and the Lender notice thereof, and if such Event of Default is not cured by the Developer within the grace periods specified in the Contract for cure by the Developer, the Lender shall thereafter have a period of thirty (30) days to cure any such Event of Default. In the event that such an Event of Default cannot be cured by the Lender within such thirty (30) day period, the period of cure shall be extended for the period during which the Lender is diligently prosecuting such cure in the manner and within a time period satisfactory to the Authority. The Authority shall accept any cure of a default by the Lender as performance by the Developer under the Contract. The Developer hereby agrees that any monies advanced by the Lender in furtherance of any cure under the Contract shall be an additional amount secured by and payable under the Note and any security interest granted by Developer to the Lender. No Event of Default shall constitute a condition extinguishing or limiting the Authority's payment of Reimbursements so long as the Lender is diligently proceeding in a manner and within a time period satisfactory to the Authority to cure such Event of Default. BnE1kRiver-FrunLs103252-s6! 2 6. No Reoresentation Regarding Tax Increment. The Authority's financial obligation under the Contract with regard to the Reimbursements is a revenue obligation only and will be paid by the Authority only out of Tax Increments (as defined in the Contract). The Authority makes no representations or warranties that the Tax Increments will be sufficient to pay the Reimbursements. The Developer and the Lender acknowledge that Tax Increment is subject to calculations by the county in which the Project is located and changes in state law and that some or all of the Reimbursements may not be repaid prior to the termination of the Contract. The Developer and the Lender acknowledge that the 2001 Minnesota legislature enacted significant changes to the tax increment financing law and to the property tax structure in the state, including elements applicable to housing properties, which changes may have an adverse impact on the amount of Tax Increment. The Developer also acknowledges that the estimates of Tax Increment which may have been made by the Authority or its agents, officers or employees are estimates only and are not intended for the Developer's reliance. 7. Miscellaneous Provisions. The following miscellaneous provisions are a part of this Assignment: a. Accuracv of Recitals. The recitals set forth at the beginning of this Assignment are deemed incorporated herein, and the parties hereto represent they are true and correct. b. Caption Headings. Caption headings in this Assignment are for convenience purposes only and are not to be used to interpret or define the provisions of this Assignment. C. Amendments. This Assignment may not be amended or modified except in a writing executed by all parties hereto. d. Countemarts. It is understood and agreed that this Assignment may be executed in several counterparts, each of which shall, for all purposed, be deemed an original, and all of such counterparts, taken together, shall constitute one and the same Assignment, even though all of the parties hereto may not have executed the same counterpart of this Assignment. e. Choice of Law, Severabilitv. This Assignment is made in the State of Minnesota and shall be construed in accordance with the laws thereof. If any provision hereof is in conflict with any statute or rule of law of the State of Minnesota of is otherwise unenforceable, such provisions shall be deemed null and void only to the extent of such conflict or unenforceability, and shall be deemed separate from and shall not invalidate any other provision of this Assignment. f. Time is of the Essence. Time is of the essence in the performance of this Assignment. g. Notices. All notices required to be given under this Assignment shall be given in writing and shall be effective when actually delivered or when deposited in the United BrOkRiver-Fronts103252-cu¢ 3 States mail, first class, postage prepaid, addressed to the party to whom the notice is to be given at the address shown below: Authority: Housing and Redevelopment Authority for Monticello Atm. Executive Director 505 Walnut Avenue, Suite 1 Monticello, MN 55362 City: City of Monticello Attn. Administrator 505 Walnut Avenue, Suite 1 Monticello, MN 55362 Lender: First National Bank of Elk River Atm. Greg Hohlen 729 Main Street Elk River, MN 55330 Developer: Front Porch Associates, Ltd. Attn. Michael Cyr 722 West 5' Street Monticello, MN 55362 Any party may change its address for notices under this Assignment by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. h. Amendments. This Assignment constitutes the entire understanding and agreement of the parties as to the matters set forth in this Assignment. No alteration of or amendment to this Assignment shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. i. Successors and Assigns. This Assignment shall bind the Developer, the Lender and the Public Entities and the successors and assigns of each. [Signature page follows.] BnElkRiver-FrunL11Q3252-asg 4 IN WITNESS WHEREOF, the parties have executed this Assignment as of the day and year first above written. DEVELOPER: FRONT PORCH ASSOCIATES, LTB., a Minnesota corporation J By `$r - Michael L. Cyr BnE1 kRiver-Fronv;103252-as¢ LENDER: FIRST NATION ,AL BANK A�ation K RIVER, a United States anking o By r\e iohlen Its Ass* tant Vice President S D ACKNOWLEDGMENT, CONSENT AND AGREEMENT OF PUBLIC ENTITIES The Housing and Redevelopment Authority in and for City of Monticello, Minnesota, a public body corporate and politic under the laws of Minnesota (the "Authority"), and City of Monticello, a Minnesota municipal corporation (the "City"), hereby acknowledge the above Assignment of Contract for Private Development, consent to such assignment to the Lender, and agree to be bound by the above Assignment and to comply with the Lender's instructions with respect to the payments of the Reimbursements under the Contract. In particular, and without limiting the generality of the foregoing, the Authority and the City (the "Public Entities") acknowledge and agree that the assignment effected by the above is approved by the Public Entities and is made in full compliance with the provisions of the Contract and the promissory note, if any, related thereto. The Public Entities hereby represent to the Lender that, best of their knowledge: (i) the Contract is a valid and enforceable agreement; (ii) there have been no prior amendments or assignments of the Contract of which either of the Public Entities has notice or is aware; (iii) no Event of Default has occurred for which a notice has been given to the Developer; and (iv) to the best of the Public Entities' knowledge, all covenants, conditions and agreements have been performed as required therein except those not due to be performed until after the date hereof. IN WITNESS WHEREOF, the Public Entities have caused this Assignment to be duly executed, effective as of the date first set forth above. AUTHORITY: THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR CITY OF MONTICELLO, MINNESOTA, a public body corporate and politic under the laws of Minnesota CITY: CITY OF MONTICELLO, a Minnesota municipal corporation BY �!�( ��� B Its Chau �Mayor By By Its Executive Director Its Administrator BnElkRiver-Fron[s103252-ss¢ 6 City Council Agenda - 05/13/02 5E. Consideration of concept stage planned unit development allowing a single family residential development in the R-3 zoning district. Applicant: Central Minnesota Housing Partnership and the City of Monticello. (JO) REFERENCE AND BACKGROUND: The City Council is asked to consider approval of a concept stage planned unit development allowing single family and two family residential development in the R-3 zoning district. This redevelopment project has been in the planning phase for a number of months and involves demolition of four substandard homes and replacement with at least ten dwellings of which at least 8 will be detached single family dwellings. The final unit count could be reduced by one or two units and will be determined later at development stage. The area is currently zoned R-3 (Multi- Family). Under the development proposal, the Central Minnesota Housing Partnership is the "developer" of the site responsible for establishing the project funding program, buying the existing homes/parcels and for preparing the site for home development and marketing the homes to qualifying buyers. The City is involved through use of TIF and through relaxation of fees to the extent necessary to allow the program to work financially and successfully target "workforce" buyers. As you recall, some months ago the City Council purchased land from Ed Kaufman as part of early efforts to assemble enough parcels for a redevelopment project. Since this time, the CMHP has been successful in gaining site control over most of the remaining parcels. Sunny Fresh Foods is participating in the project through donation of $20,000 or more. The City Planner prepared both the site plan and unit design paying special attention to developing a compact and liveable neighborhood. The concept site plan shows 10 units in a side by side pattern with fronts facing Minnesota Street and rear facing a private alley. Two units are located on the southwest side of the development facing 61' Street. As you will see, setbacks between buildings are set at minimal levels and 20' setbacks at the front building line are proposed. Full landscaping and attention to architectural detail is proposed to help soften the density of the development. Please see the attached information from NAC regarding unit design. Estimated selling price of each unit is $115,000. Common areas such as the lawn and drive areas will be governed/maintained by an association. As noted earlier, the present zoning designation is R-3. The proposed use is significantly lower than what is possible under the R-3 standard. ALTERNATIVE ACTIONS The Planning Commission reviewed this itein on 5/7/02 and recommended approval under Alternative 1 below. There was no one in attendance at the public hearing objecting to the proposal. City Council Agenda - 05113/02 l . Motion to approve concept PUD based on the finding that the proposed development is consistent with the comprehensive plan for the city. The development is consistent with the character of the neighborhood and will not result in a depreciation of adjoining land values. If City Council selects this alternative, the next step is to prepare a detailed development stage PUD which will include more detailed site data. 2. Motion to deny approval of the concept PUD. STAFF RECOMMENDATION: City Staff and Planning Commission recommends alternative 1. SUPPORTING DATA: Copy of site plan and detailed description of draft home design. 2 gloom It cn _ (D CDa� 41 POW cD ► ► , PhAw } A 5�. L -Dec, 5. 2000 10:18AM HEDLUND ENGINEERING No,4467 P. I FIFTH STREET 68.0 r X HOU71,7717-- Picnic Area 22' Drfveway If i o 24 L Al 9 E3. 0 SIXTH STREET W.1 5E 132.0 mc e- !2 CkR t 2— .0 22 62 20— Ile � , A:''x� .' ... I ---- --- - -6 tit v - - II{i 4Z Dim. AD Lj New Force --CAP,. Vr HOCSE r If - T' CI 68.0 r X HOU71,7717-- Picnic Area 22' Drfveway If i o 24 L Al 9 E3. 0 SIXTH STREET W.1 5E v. Steve Grittman FROM- Bob Kirmis / Cynthia Putz-Yang DATE: January 21, 2002 RE: Monticello — Scattered Housing Project FILE NO: 191.06 - 01.13 Attached please find a site/floor plan and landscape plans related to the "Monticello Scattered Housing Project'. In review of the plans, please note the following: Site/Floor Pian The concept plan depicts a 1,008 square foot, single family home upon a 4,849 square foot (132' x 36-8") lot. The plan calls for a zero lot line setback on the home's north side. As a result, south -facing exposure (windows) has been maximized. The massing and gabled roof style of the home is intended to evoke a traditional home appearance and avoid a long narrowed structure. Water dependent components of the home (kitchen, bath and laundry) have been grouped together to minimize plumbing costs. A south facing patio has been incorporated to provide private outdoor dining/leisure space for residents. ® An angled front walk has been provided to prompt home visitors to experience front yard landscaping. ® An open floor plan for the kitchen, dining and living room areas have been provided to maximize natural light and to avoid a feeling of confinement. An evergreen tree next to the driveway and evergreen shrubs along the alley provide screening and separation between properties. ® Lawn and planting areas are separated with vinyl edger. Shrub and perennial areas are mulched with bark mulch to maintain soil moisture and reduce weeds and erosion. If you have any questions, please advise. Se N .... w. K. ....... �:.... P( TRAiINSLUCENT WINDOW MONTICELLO SCATTERED HOUSENG PROJECT GARAGE (24' X 22') HALF WALL — — — — — — — — DRIVEWAY LIVING ROOM -- — — _ BEDROOM BEDROOM ........... (13' X 13') (10'X 10'-6") (Il'X 10'-6") ROOF O`'ERHANG --- -- — - -' —. .......w r: PATIO TI 00 O bo r: �•. :: a ............. 26' 36' 24'. ZQz 132' NORTH MONTICELLO MINNESOTA TOTAL FLOOR A RFS, -1,008 S.F. )Z�-6 10 FEET .► is • LAWN FLONNTMING DECIIZUOUS p� m Y ..1 1 .. cl t ♦ LAWN FLOWERING DECIDUOUS SHRUBS P VINYL EDGER• MONTICELLO SCATTERED HOUSING PROTECT LANDSCAPE PLANS 0 O \J f &c Ct?NCRETE PATIO I,p;VVN LAWN IMD= SHRUB AND PERENNIAL BORD V�WQ�DECIDUOUS SHRUBS LIl►fSTON.E -STEPPING -STONES 3 — . it NORTH 7,11 t - NEMD^SHRUB AND PERENNIAL.BORDER XW `PERENNIALS - PATIO WITH CONCRETE PAVERS LAWN DECIDUOUS SHRUBS ,• . It OPTION A i I � I EVERGREEri�sH�t N • OPTION B ti 10 FEET City Council Agenda - 05/13/02 5F. Public Hearinz: Consideration of a Conditional Use Permit for a convenience food restaurant in the Central Community District. Applicant: Dennis Archer/Domino's Pizza.. (JO/NAC) REFERENCE AND BACKGROUND Dennis Archer is seeking a Conditional Use Permit to relocate the Domino's Pizza restaurant to a new space on the same block along Broadway as the current location. The change will allow the applicant to obtain a rear building entrance from the alley and public parking area that the current restaurant does not have. One of the major impacts of this change would be to allow for delivery trucks and drivers to utilize the back entrance, avoiding the need to unload from Broadway during the day, and queue delivery drivers along Broadway during the evening. The CCD requires convenience style restaurants to obtain a CUP due to the pedestrian - oriented nature of the downtown development pattern. Although Domino's is primarily a delivery restaurant, rather than a sit-down facility, the proposed change would enhance the traffic patterns in a way that would be consistent with the intent of the district overall. The change would also facilitate pick-up orders, and minimize traffic conflicts with delivery drivers. The Planning Commission reviewed this iteral and recommends approval under alternative 1. ALTERNATIVE ACTIONS 1. Motion to approve the CUP, based on a finding that the changes to traffic and delivery patterns area consistent with the intent of the Downtown Revitalization Plan and the CCD zoning district. 2. Motion to deny the CUP, based on a finding that the nature of the convenience restaurant is not consistent with the intent of the CCD or Revitalization Plan. STAFF RECOMMENDATION Staff recommends approval of the CUP. While it is true that the Domino's Pizza facility is not typical of most downtown restaurant concepts, the new location helps resolve traffic and loading issues that have raised the greatest number of conflicts with other downtown uses. SUPPORTING DATA Floor Plan llvfetfr Ln�-oopg9 Mutb, & Fleming, P.C. ATTORNEYS AT LAW 313 West Broadway adleyV Larson P.O. Box 446 Sall\ B. Nelson Paralegal Steven J. Muth Monticello, NN 55362-0446 Rai O.Vrolson - Paralegal James B. Fleming* Telephone: (763) 295-3232 James G. Metcalf, of Counsel April 30. 2002 Fax: X763) 295-3132 (1975-1995) Email: LawOffce@f lLMF.com rty of �'loriticeiio Attri: Jeff O'Neill, Depute City Administrator 505 Walnut Street Monticello, MN 55 362 Re: Public hearing for consideration of a rc(Itlest fill' a conditional use permit for Donilno's Plzza/Kareil Schneldci- an(i Dennis Archei- Deal- Jeff: I received the Notice of Public Hearing for consideration for a conditional use permit for Domino's Pizza/Karen Schneider and Dennis Archer. Unfortunately, oil May 7, 2002, at the time of the hearing 1 do have a conflict and so 1 and unable to attend. However, I would like this letter to be read in the record in furtherance of my position regrading this conditional use permit. In the past Dolnlilo's Pizza has shown utter disregard with regard to parking of employees doing deliveries and food service deliveries by semi trucks and transports stopping on Broadway in front of its present location as well as in front of the Travel Store, which building 1 own and lease out. I have no objection to the relocation of Doinino's next door but would request that the conditional use permit contain a prohibition of deliveries and employee barking on Broadway to the detriment of all other businesses and their customers and business invitees. Ample parking is available for their- employees in the public parking lot behind the Broadway block for which all of us, including the Schneiders, have paid parking assessments. That is the intended use of that parking. Others of us in the block provide parking to our own employees on site or direct thein to the public parking lot to the rear rnid-block as opposed to using the parking spaces on Broadway intended for customers. Further, the alley way at the rear of the building should be the appropriate delivery site for inventory and not Broadway. Thank you for your considerations. * Admitted to practice in Minnesota arid Nebraska. - - - - -, 4L eev TRA INIW:7/CONFERENCE ROOM Gas. 11 Imu G 14xnm off<Avrww LL I K#,STE I vm C�K KK Lrx LAVATORY 42-= EMFLOYEE V7 Koav s1w.• TANK TYPE 1441IR QD5ET 4" V2' THME N SW ;r 4.r le RW w i�� MANA6ER'5 OFFICE 4r* cam 619 PHOW "I' Ila1� _ _ �`_� uiEELECTRIGAL FLOOR PLAN M, a put"No FIX11XRE RLNOM Schtxxtz sezvxE SUE IN W_+15 14xnm off<Avrww LL I K#,STE I vm C�K KK Lrx LAVATORY V7 Koav s1w.• TANK TYPE 1441IR QD5ET 4" V2' THME N SW ;r r4' RW GENERAL NOTES:, A pRO=TWN AJ;MA TU.5 KF1RO akNZr TILE. mo" mymo"R MD. 13 C.MWOUT AREA TILS COD55VUlE TLE CaUNS HE36Ws 11-e APF. IN KrTUEN AJMk 4'-2' AFF. IN OFMbSTORASE AREA. D pRD=TWH MMA GEL M TYPE. 'vIWL ROCK, v*M E c.MWOUT AREA C49LM rrM 25a AC4:MMAL TILES. F Kql-cw FRF BONW, SAH[4E PAW' & U6"T5. 2'x4 FLORESUNT 4 LAM'5. TYPICAL. 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NUMBERED NOTE5:( I Lwwcklm 5BURtTy U&IT 2 &VAPWS- 3 PeVM L16W MXnF-e5 OVM CONrM 6'-O' AFF. 4 364' H16H ADA ACZESSME CoXrEp- 5 TRS -MAY SAM L=ATE WPM WINTIM 6 N4' Fid LKffM 1 C_=LD49 50ffff -r-O' AFF. b ADJSMILE SPOT UGIT FOR 6RAPHIM PORR P= KTH Irm fmcfFTACU� TED40C AHD CoMpiMt anET• II 0 HOU ROUTEIOU Box STAND COOK DRIVE TECH TABLE I II i L-A EDO TO KALL DECK 168 I U7 TABLE 200V So CCNHMTWN ON ROOF TO OVrM MODLE6'r-MAR5HALL F-, 510 c,* 8' MAKE LINE (,'5PALE ECE Qjj b' S -Ac;_: IntII IV WHIMEC" RM POT AND GOLD WATER LrNE5 To D05Tr,46 HOT WATER HEATM coNE�T I -V4' M TO E45THO HW uw- CaWT I -VT TO EMTM COLD PLhjm Lim IN MOP sw 60STM LOCATION MV SiZI5 PLUMBING R15ER No 5GALE Imm 5w r_—_v F7 -71 F7 F71 v\j b5 TOM ROOF TOP LINT - - - - - - - t�<`►e Irs�ne V2 C'm MLF W4' M TvW ROOF 11c. r -M pft 517f-, N, A NINE/CONFER E C r�7-, FERR TO FJSM A,_ < - S 5MT;.Rf, CA ; Z FLOM 21 I� F7 --s4f-fARY, cm mv M LOCATM t '0 V\� 4 ,2 7-- :;t Fv J le sow MEGHANIGAL FLOOR PLAN I�� 4* VMmtl, r -, �, r 2* MOM K.OM I_vr ORM I DRAW TOILET GO LAVATORY 4' SMTAW wm_"� coma TO DOSTINS 4* SA WARY UW- MXD HAW 5w %. t LOCA" OF MmT1wq SwTwr. OSANITARY R15ER NO 5GALE F7 Gj 65 TOR ROOF F71 --71"IT z C 0 ME1 a -L 5f City Council Agenda - 05113/02 5G. Consideration of a simple subdivision request and consideration of a conditional use permit allowing residential use on the first floor in a structure in the Central Community_ District. Applicant: Gary Nesseth (JO/JG) The Planning Commission conducted the public hearing on this item and recommended approval of both the simple subdivision and the conditional use permit. REFERENCE AND BACKGROUND Mr. Gary Nesseth is requesting a simple subdivision of a parcel, consisting of lots 9 and 10 of Block 20, situated at the south east corner of the Fourth Street West / Maple Street intersection. The parcel, zoned CCD, fronts Fourth Street West and has an existing residence, shed and proposed garage located on the northern portion of the parcel. The proposed simple subdivision will reorient the lots to an east/west configuration fronting Maple Street. The applicants parcel is located in the Transition area (an overlay district described in our Downtown Revitalization Plan) of the CCD District. The Transition area is intended to allow for uses that lessen the negative effects such as increased traffic, noise, and lights that can degrade from a residential environment hence providing for a smooth transition between uses. Simple Subdivision: Lot Size: There are no regulations concerning minimum lot area or minimum lot width in the CCD district. The lots, after the simple subdivision, would each be over 11,000 sq. ft. with frontages over 80', which exceeds the general requirements of a lot of record in the original plat. Setbacks: Setbacks for buildings in the CCD District are reflected in the recommendations given in the Downtown Revitalization Plan according to use and location. The Downtown Revitalization Plan states that setback requirements for the transitional area should be the average of adjacent structures, but no less than 20 feet. Setbacks for the existing structures as well as the proposed garage meet these requirements. Setbacks for the future structure of the south lot to be developed after the split is evaluated with the Conditional Use Permit. City Council Agenda - 05/13/02 Conditional Use Permit: Use: The applicants intention upon splitting the parcel is to construct a single family home on the newly created lot. A residential dwelling is allowed on the ground floor in the CCD district with a conditional use permit, subject to the following conditions: 1.) Consistent with the goals and objectives of the Downtown Revitalization Plan. 2.) The proposed site does not interrupt the flow of commercial pedestrian traffic in the "CCD" district. 3.) Density for ground floor residential units shall not exceed one unit per 9,000 sq. ft. of lot area. Staff feels that the parcel created upon acceptance of the subdivision split and the use planned for it meet all three conditions listed above. Setbacks: There are no designated setbacks in the CCD district, therefore setbacks have been determined via the recommendations in the Downtown Revitalization Plan for a transition area as well as the standards of our residential districts. Staff supports the following setback conditions for the creation of the development window in the acceptance of the CUP. Front yard setback = no less than 20' Sideyard setbacks = 6' Rearyard setback = 30' The use to the south of this parcel (Little Mountain Feed) is considered a commercial/retail use. According to the ordinance a buffer yard with the following conditions should be shared between the two uses to help negate the negative impacts of the incompatible uses. • minimum building setback of 40' (20' on each side of the property line) • minimum landscaped yard of 30' (15' on each side of the property line) • minimum number of plant units required are 120 per 100' of lot line, equaling 156 planting units (78 on each side of the property line) Planting unit values listed in the zoning ordinance are as follows: Vezetation Plan Unit Value Evergreen Trees 15 Deciduous Trees 10 Evergreen/Coniferous Shrubs ShrubslBushes 1 2 City Council Agenda - 05/13/02 The location of an opaque fence or earth bean of at least 5 feet in height within a required landscaped yard shall be considered credit toward the plant unit requirement. The number of required plant units shall be reduced by fifty %. • Mr. Burns (Little Mountain Feed) has provided a fence within the bufferyard, therefore the plant unit requirement is lessened by half or 39 plant units. (Each side of property line) Existing trees or vegetation within the required minimum landscape yard preservation may substitute for required plants. The number of plant units required shall be proportionately reduced according to the number of trees or vegetation preserved. • Mr. Nesseth should provide staff with an inventory of existing and/or planned landscaping within the landscape bufferyard that meet the 39 planting unit requirement. ALTERNATIVE ACTIONS: Decision 1: 1. Motion to approve the simple subdivision creating two lots from one parcel. 2. Motion to deny approval of the simple subdivision. Decision 2: Motion to approve the conditional use permit with the following conditions: A. Front yard setback of no less than 20' B. Side yard setback of 6' C. Rear yard setback of 30' D. Minimum building setback for buffer yard of 20' E. Minimum landscaped yard in buffer yard of 15' F. Applicant must provide verification of meeting the minimum landscape unit requirement of 39 units. 2. Motion to deny the request for approval of a conditional use permit. STAFF RECOMMENDATIONS: Staff and Planning Commission recommend that the City Council both the simple subdivision and the conditional use permit, with the noted conditions. SUPPORTING DATA: Exhibit A: Location Map Exhibit B : Survey 3 Lio-,7ei Z7 "4 u rij.u1-5 w,frill trtitr " 'c'O L a 34a MFq T� S AREA PARCEL A: 11,018.0 SC PARCEL 8: 11,034.5 Sc PARCEL ''A" THE NORTHEASTERLY 82.50 FEET OF LOTS 9 AND 10, BLOCK 20, MONTICELLO, ACCORDING TO THE DULY RECORDED PLAT THEREOF. is City Council Agenda - 05/13/02 5H. Consideration of final plat approval and amendment to the zoning map to re -zone Groveland 3rd Addition from agriculture open space to siniale family residential. Applicant: Ocello, LLC (JO) REFERENCE AND BACKGROUND Ocello, LLC has applied for an amendment to the zoning map designation from AO (agriculture) to R-1. This addition, known as Groveland 3rd, is a continuation of the project referred to as Groveland. The addition is currently within the Monticello city limits, just south and west of Groveland 2nd Addition. The land use proposed for Groveland 3" Addition reflects the city's comprehensive plan for the area as well as Monticello's long range future land use plan. The Planning Commission reviewed this item on May 7" and recommended approval under alternative 1. ALTERNATIVE ACTIONS 1. Motion to approve the final plat and re -zoning based on a finding that the proposed use is in conformance with the objections of Monticello"s comprehensive plan. 2. Motion to deny final plat and re -zoning based upon a finding that the proposed use is inconsistent with the objectives of the comprehensive plan. STAFF RECOMMENDATION Staff and Planning Commission recommend approval of the final plat and re -zoning. SUPPORTING DATA Groveland 3rd Addition Plat GROV ELAND 3RD ADDITION yI 60 SEC. 15, T. 121, R. 25 111 . 1 � V S880 26,47ME 360.14 -TSU�b� - -I 60.02 60 S89.54'06"E J L s89•s4'oe'rL J I� I 150.01 (- - -149.99 1 O UP U L 589.54206' _J ;r L-589'S4b8"EJ "a)� 19 Pip L _Se9•s4'WlI 150.01 7 o f 149.99 1 $ A N'06'wwQDI L91 � L58954_06_E 199 6 L_ s0•54 oe J N F_ 150.01 � w �* �oJ i� L-65.40'* (�S89 54'06'E < J f 150.01 - 1 �3 CwL r C14�R�y�cfoc �\ $ McKENNA '> `N8s•s4'o6"J(g COURT o0 r - �r' \ ,�I o C`� C2�•fp�►5�� ��9'S' `ti,n� 150.15 \4 sol 1rT' +,, /�nhpP N 114.10 vel 5`� ��1 p S89'5i'06'E ��' � � 3 �S89.54'05-E \� 63 �� �,`� r 1. \ \ d 8 /k k v N \ \ \ \ ISa9'54'O6'E 149.99 P J '�° �� \�i� N 8 91, �, %,,K N Z 1 1 N - �, 3 .'MOO N89'00'01E$237.76 N I I \ �\L - - - - J a8.es CO L_ S89'S4'06"E J \ Sa9'54'66'E 149.99 33.85 203.91 ojC F 2 p I ------ L -_-_11 13 150.oi - 12 \ \ \k\ \\w\I J' \ \ -1� $ g I \ - L_____J so 1\� N�, S89.54'06"E 143.01 �T CSZ - S89'54'06"E 212.69 L� 6 A40258 p:' Cl Ses'S4'os"E ,a of �SSas•�osNAH1z. s AVE' L z1•�eR' oof�1' y r 2115'46 117 g 7i60",\ I ''mob, 14 o w \ ff L se9.5<'os"E J L_ s89_54_D6'E _ J I v,x I 18 `f � F_ - -150.01 ------_ --izo.00- - ') 1 %h I I- 12.t6-j� 60 ' 16 L�81.32-� r I M ^' 15 ' 0 6-11.42'401,1 N I° �'d6�� /'� ���- C1`y�S 1- 5?8•Z3'14•w �p \`' ►a `6 61 Sb �9 ejs� �i �j' \`'45'10 14 w\ 10 i / � o ,P \ate �• // 1 3,•`4l I� � m\ rn U \m• \ \ 15 ;71\ ►- , � / i / ,ga' 'i$ \ •1111' , �° �„ C ���%?e • i I � L r" ,, \\'�' g' _ av, � � �.� L1 j 0 O 3 1 � CUR VE TABLE .f� :1111 C.BR(;=N84'29'57�E 1 = 60 C=127.38 �--� X12°49 50' R-570.00 2 S89'05'08"E g L=127.64 244.12 60.00 N 91 O W W IR '� H I�cp se9ro5'oe;E 589ro5'OB'E J ` g g - : L- 180.00J co o N ar Z `i ��150.2 qro-N--o-a _ - /lIt 6-10.1'55' 2 L+1 $ M- �S-L=52.04 IdA c r NSB �3•w J187 GRAPHIC SCALE 100 0 50 100 200 ( IN FEET ) 0 DENOTES 1/2 INCH BY 14 INCH IRON PIPE MONUMENT FOUND O DENOTES 1/2 INCH BY 14 INCH IRON PIPE MONUMENT TO BE SET AND MARKED BY LICENSE NO. 10938 WITHIN ONE YEAR OF RECORDING OF THIS PLAT. FOR THE PURPOSES OF THIS PLAT THE WEST LINE OF THE NE 1/4 OF SECTION 15. T. 121, R. 25 HAS AN ASSUMED BEARING OF SOD'05'54"W. UTILITY AND DRAINAGE EASEMENTS ARE SHOWN THUS: rili�Ia+ iL e ~I I 12 _ - J L - C2 Cl1NC E fLPT IN WDTH, UNLESS 0NMWSC INDICA IM, AND AD,ONNC S1DE LOT LINES AND 11 FEET IN WD1H, UNLESS OTHERWSE INDICATED, AND ADJOINING RICHT-OF-WAY LINES AND REAR LOT LINES AS -'WOIW ON THIS PLAT. McCOMBS FRANK ROOS ASSOCIATES, INC. ENGINEERS AND LAND SURVEYORS CENTRAL CURVE LENGTH I RADIUS ANGLE C1 I 20.20 23.00 C2 20.20 23.00 150°18'57" 50'18'57" 1 C3 1 11.00 7.00 C4 i 11.00 i 7.00 190000'00" 90.00,00- 05 j 11.00 1 7.00 1 90°00'00" C611.00 7.00 1 90°00'00" C7 11.00 , 7.00 1 90,00'00" C8 I 11.00 1 7.00 1 90°00' 00" C9 I 10.15 7.00 1 83"04'40" C10 1 10.15 7.00 C11 I 17.19 23.00 183°04'40" 42°48'39" 1 C12 24.68 23.00 161 °28'44" C13 j 10.12 7.00 182"50'37" C 10.12 1 7.00 1 82-50-37: 14 C15 23.65 1 23.00 1 58°55'02 C16 17.69 1 23.00 1 44°03'35" .f� :1111 C.BR(;=N84'29'57�E 1 = 60 C=127.38 �--� X12°49 50' R-570.00 2 S89'05'08"E g L=127.64 244.12 60.00 N 91 O W W IR '� H I�cp se9ro5'oe;E 589ro5'OB'E J ` g g - : L- 180.00J co o N ar Z `i ��150.2 qro-N--o-a _ - /lIt 6-10.1'55' 2 L+1 $ M- �S-L=52.04 IdA c r NSB �3•w J187 GRAPHIC SCALE 100 0 50 100 200 ( IN FEET ) 0 DENOTES 1/2 INCH BY 14 INCH IRON PIPE MONUMENT FOUND O DENOTES 1/2 INCH BY 14 INCH IRON PIPE MONUMENT TO BE SET AND MARKED BY LICENSE NO. 10938 WITHIN ONE YEAR OF RECORDING OF THIS PLAT. FOR THE PURPOSES OF THIS PLAT THE WEST LINE OF THE NE 1/4 OF SECTION 15. T. 121, R. 25 HAS AN ASSUMED BEARING OF SOD'05'54"W. UTILITY AND DRAINAGE EASEMENTS ARE SHOWN THUS: rili�Ia+ iL e ~I I 12 _ - J L - C2 Cl1NC E fLPT IN WDTH, UNLESS 0NMWSC INDICA IM, AND AD,ONNC S1DE LOT LINES AND 11 FEET IN WD1H, UNLESS OTHERWSE INDICATED, AND ADJOINING RICHT-OF-WAY LINES AND REAR LOT LINES AS -'WOIW ON THIS PLAT. McCOMBS FRANK ROOS ASSOCIATES, INC. ENGINEERS AND LAND SURVEYORS CHAPTER 6 "R-1" SINGLE FAMILY RESIDENTIAL DISTRICT SECTION l: 6-1: Purpose 6-2: Permitted Uses 6-3: Permitted Accessory Uses 6-4: Conditional Uses 6-1: PURPOSE: The purpose of the "R-1" single family district is to provide for low density, single family, detached residential dwelling units and directly related complementary uses. 6-2: PERMITTED USES: The following are permitted uses in an "R-1 " district: [A] Single family detached dwellings. [B] BOARDING (HOUSE) HOME --FOSTER CHILDREN: Restricted to children out of their own home, age sixteen (16) years or under, or in the case of mental retardation age twenty-one (21) or under, cared for twenty-four (24) hours a day for a period of thirty (3 0) days. The number to be cared for in one (1) foster child boarding (house) home shall not exceed six (6), including the foster family's own children. [C] DAY CARE HOME: Restricted to a family dwelling in which foster care, supervision, and trainincy for children of school or preschool age out of their home is provided during part of a day (less than twenty-four (24) hours) with no overnight accommodation or facilities, and children are delivered and removed daily. The number to be cared for in one (1) day care home shall not exceed twelve (12) including the family's own children. The regulation and conditions of the Minnesota Department of Public Welfare, Public Welfare Manual 11 3130 as adopted, amended, and/or changed shall be satisfactorily met and a written indication of preliminary, pending, or final license approval from the regulatory welfare agency shall be supplied to the City. [D] Public parks and playgrounds. [E] Essential services. (4325, 5/10/99) 6-3: PERMITTED ACCESSORY USES: The following are permitted accessory uses in an "R-1" district: [A] Private garages, parking spaces, and carports for licensed and operable passenger cars and trucks not to exceed a gross capacity of nine thousand (9,000) pounds MONTICELLO ZONING ORDINANCE 6/1 l . No more than a total of three items per site may be advertised for sale per year. 2. No more than two items can be displayed for sale at any, one time on any property. 3. Individual items may not be displayed in excess of 30 days in the aggregate for all items displayed. 4. Items sold are limited to articles owned by individuals that make their primary residence at the limited open sales site. 5. Sale items may not be placed on a public right-of-way. 6. One sign not exceeding two square feet in area advertising the sale item is allowed without a permit. Such sign must be placed within or attached to the sale item and shall not be freestanding. (4208, 05/13/91) 6-4: CONDITIONAL USES: The following are conditional uses in an "R-1" district. (Requires conditional use permit based upon procedures set forth in and regulated by Chapter 22 of this ordinance.) [A] Public or semi-public recreational buildings and neighborhood or community center; public and private educational institutions limited to elementary, junior high and senior high schools; and religious institutions such as churches, chapels, temples and synagogues provided that: Side yards shall be double that required for the district, but no greater than thirty (30) feet. 2. Adequate screening from abutting residential uses and landscaping is provided in compliance with Chapter 3, Section 2, of this ordinance. 3. Adequate off-street parking and access is provided on the site or on lots directly abutting directly across a public street or alley to the principal use in compliance with Chapter 3, Section 5, of this ordinance and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with this ordinance. 4. Adequate off-street loading and service entrances are considered and satisfactorily met. [B] Governmental and public utility buildings and structures necessary for the health, safety, and general welfare of the community provided that: 1. Conformity with the surrounding neighborhood is maintained and required setbacks and side yard requirements are met. MONTICELLO ZONING ORDINANCE 6/3 CHAPTER 6A "R -1-A" SINGLE F�kN1I1-�' RFSIDFN'TI:At. DISTRICT SECTION 1: 6A-1: Purpose 6A-2: Permitted Uses 6A-3: Permitted Accessory Uses 6A-4: Conditional Uses 6A-1: PURPOSE: The purpose of the "R-1 A" single family district is to provide f -or low density. single family, detached residential dwellin�(y units and directly related complementary uses. The R-1 A District is distin('uislled from the R- l District in that is has more extensive development standards and is to be located in areas of higher natural residential amenities. inClUdingSLICII conditions as kyoodlands. wetlands, and significant views. 6A-2: PERMITTED USES: The following are permitted uses in an "R - IA" District: [A] Those uses permitted in the "R-1" District. Under the same conditions as listed In that district. 6A-3: PERMITTED ACCESSORY USES: The followin`_ are: permitted accessory uses in an "R -IA" District: [A] Those permitted accessory uses as allowed in the "R-1 " District, Linder the same conditions as listed in that district. 6A-4: CONDITIONAL USES: The followin(3 are conditional uses in an "R - IA" District (regUires a conditional use permit based upon procedures set forth in and re_Lllated by Chapter 22 of this ordinance). [A] Those conditional uses as allowed in the "R-1 A District. under the sanne conditions as Iisted in that district. 5� City Council Agenda - 5/13/02 5K. Consideration to adopt a resolution calling for a public hearing by the Citv Council, on the proposed adoption of the modification to the Redevelopment Plan for Central, Monticello Redevelopment Proiect No. 1 and the proposed establishment of TIF. District No. 1-30 therein and the adoption of the TIF Plan therefor., (O.K.) A. Reference and Background: The City Council is requested to adopt the attached resolution. The resolution calls for a public hearing date of June 24, 2002. The public hearing is associated with the modification of the Redevelopment Plan of the Central Monticello Redevelopment Project No. 1 and establishment of TIF District No. 1-30 and the TIF Plan. TIF District 1-30, a Housing District, is being established to assist with the write-down of land costs associated with a scattered housing project. The TIF District area includes the construction of 11 single-family homes located along Minnesota Street between 5" and 6" Streets. At least 95% of the owner -occupied homes within the TIF District must be occupied by income qualified families. At a previous Council meeting, the Council approved the preliminary concept for use of TIF assistance for this project. In addition to the Council's public hearing and approval of the TIF District on June 24, Council will be requested to authorize entering into the Contract for Private Development in and among the Central Minnesota Housing Partnership, the HRA, and the City. Please consider the following action. B. Alternative Action: 1. A motion to adopt a resolution calling for a public hearing by the City Council on the proposed adoption of the modification to the Redevelopment Plan for Central Monticello Redevelopment Project No. 1 and the proposed establishment of TIF District No. 1-30 therein and the adoption of the TIF Plan therefor. 2. A notion to deny adoption of the resolution calling for a public hearing ................ 3. A motion to table any action. C. Recommendation: The City Administrator and HRA Executive Director recommend alternative no. 1. City Council Agenda - 5/13/02 D. Supporting Data: Copy of resolution for adoption and TIF schedule. CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY COUNCIL ON THE PROPOSED ADOPTION OF A MODIFICATION TO THE REDEVELOPMENT PLAN FOR CENTRAL MONTICELLO REDEVELOPMENT PROJECT NO. 1 AND THE PROPOSED ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 1-30 THEREIN AND THE ADOPTION OF A TAX INCREMENT FINANCING PLAN THEREFOR. BE IT RESOLVED by the City Council (the "Council") for the City of Monticello, Minnesota (the "City"), as follows: Section 1. Public Hearing. This Council shall meet on June 24, 2002, at approximately 7:00 P.M., to hold a public hearing on the proposed adoption of a Modification to the Redevelopment Plan for Central Monticello Redevelopment Project No. 1, the proposed establishment of Tax Increment Financing District No. 1-30, a housing district, and the proposed adoption of a Tax Increment Financing Plan therefor, all pursuant to and accordance with Minnesota Statutes, Sections 469.001 to 469.047, inclusive, as amended, and Minnesota Statutes, Sections 469.174 to 469.179, inclusive, as amended, in an effort to encourage the development and redevelopment of certain designated areas within the City; and Section 2. Notice of Public Hearin, Filincy of Pians. City staff is authorized and directed to work with Ehlers and Associates, Inc., to prepare the Modification to the Redevelopment Plan for Central Monticello Redevelopment Project No. i and the Tax increment Financing Plan for Tax Increment Financing District No. 1-30 (collectively, the "Plans") and to forward documents to the appropriate taxing jurisdictions including Wright County and Independent School District No. 882. The City Clerk is authorized and directed to cause notice of the hearing, together with an appropriate map as required by law, to be published at least once in the official newspaper of the City not later than 10, nor more than 30, days prior to June 24, 2002, and to place a copy of the Plans on file in the City Clerk's office at City Hall and to make such copy available for inspection by the public. Dated: May 13, 2002 Adopted: Mayor ATTEST: City Clerk 5�, SCHEDULE OF EVENTS NIONTICELLO HOUSING AND REDEVELOPMENT AUTHORITY AND THE CITY OF MONTICELLO FOR THE MODIFICATION TO THE REDEVELOPMENT PLAN FOR THE CENTRAL MONTICELLO REDEVELOPMENT PROJECT NO. 1 AND THE ESTABLISHMENT OF THE TAY INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT 1-30 (a housing district) As of May 7, 2002 May 10, 2002 Project information, property identification numbers, and maps sent to Ehlers & Associates for drafting documentation. May 10, 2002 Confirm with the City whether building permits have been issued on the property to be included in District No. 1-30. Nlay 13, 2002 City Council calls for public hearing on the modification of the Redevelopment Plan for Central Monticello Redevelopment Project No. 1 and the establishment of Tax Increment Financing District No. 1-30. May 14, 2002 Letter receives! by County Commissioner giving notice of potential 1�ousing tax increment financing district (at least 30 days prior to publication of public hearing notice). [To be f t- ecl and inctilecl on 1Llay 13, 2002] May 24, 2002 Fiscal/economic implications received by School District and County Board (at least 30 clays prior to public hearing). [To be fuxecl and tttctilecl on iLlay 23, 2002] June 4, 2002 Planning Commission reviews Plans to determine if they are in compliance with City's comprehensive plan. June 5), 2002 HRA considers the Plans. June 7, 2002 Ehlers & Associates conducts internal review of the Plans. June 13, 2002 Date of publication of hearing notice and map (at least 10 clays but not more than 30 clays prior to hearing). [Nlontieello Times publication cleadline Nlonclay, lune 10, 2002] June 24, 2002 City Council. holds public hearing at 7:00 P.M. on the modification to the Redevelopment Plan for Central Monticello Redevelopment Project No. I and the establishment of Tax Increment Financing District No. 1-30 and passes resolution approving the Plans. [Cortncil packet h?f )r1nu1 on Sent by.JLtne 12, 20021 By June 30, 2002 Ehlers requests certification of the District with the county and the state. Because the City staff believes that the proposed tax increment district will not require unplanned county road improvements, the TIF Plan was not forwarded to the County Board 45 days prior to the public hearing. The County Board, by law, has 45 days to review the plan to determine if any county roads will be impacted by the development. Please be aware that the County Board could claim that tax increment should be used for county roads, even after the public hearing. EHLERS 5'� Council Agenda - 5/13 %02 5L. Consideration of adopting resolution in support of designating Yucca Mountain as the national repository for spent nuclear material., (JO) A. REFERENCE AND 13ACKGROUND: The Chamber of Commerce has submitted the attached information dealing with kind of a grass roots movement by local Chambers of Commerce and other entities to build support for the establishment of the Yucca Mountain as the national repository for spent nuclear material. The Chamber has requested that the City adopt a resolution of support for the designation of the Yucca Mountain as a repository for spent nuclear material. B. ALTERNATIVE ACTIONS: 1. Adopt a resolution supporting the designation of the Yucca Mountain as a repository for spent nuclear material. 2. Take no action on the request. C. SUPPORTING DATA: • Information from Chamber of Commerce • Resolution Red Wing Area Chamber of G'•� Position Statement Yucca Mountain Spent Nuclear Fuel Repository April 15th, 2002 Whereas, the Nuclear Waste Policy Act of 1982 obligates the U.S. Department of Energy (DOE) to build a repository for the management of spent nuclear material. In 1987 , the federal government identified Yucca Mountain in Nevada as the sole site for further study. The identification of a national storage site is essential because on-site storage space for spent nuclear material across the nation is rapidly diminishing. Whereas, electricity consumers have paid more than $17 billion to the Nuclear Waste Fund since 1983 to build and maintain a national storage facility, but DOE has not yet begun to accept spent material. DOE continues to collect $600 million annually from electricity consumers to complete construction of a repository. Whereas, $7 Billion has been spent studying the suitability of the Yucca Mountain site over the last 20 years. More than 100 studies have been completed on Yucca Mountain, including analysis of climate, water flow, transportation of nuclear material in the environment, and site geology. Whereas, more than 3,000 shipments of spent nuclear fuel have traveled 1.6 million miles in the United States with no radiation related injuries or deaths. Transport containers are made of multiple layers of steel, lead and other materials to confine radiation. DOE would be responsible for safely transporting all spent nuclear material to the federal repository. The Red Wing Area Chamber of Commerce hereby supports approval for Yucca Mountain as the national repository for spent nuclear material. Address to Sen Wellstone, Dayton & Rep Gutnecht Cc to Sen Steve Murphy, Prairie Island Tribal Council, City of Red Wing, Xcel Energy, State Chamber, Monticello Chanil1c". US Chamber Dear The Red Wing Area Chamber ol, ('oinmerce has taken a position and hereby urges Congress to Yucca Mountain as the nation's repository for speiii nuclear material. The Nuclear Waste Policy Act oI' 1982 obligates the U.S. Department of Energy (DOE) to build a repository for the man:lgci»ent of spent nuclear material. In 1987, the federal government identified Yucca Mountain in Nevada as the sole site for further study. More than 100 studies have been completed on Yucca Mountain, including analysis of climate, water flow, transportation of nuc l c,11- inaterial in the environment, and site geology. These studies clearly demonstrate: that Yucca Mountain is a suitable site. Electricity consumers have paid iiic)re than $ billion to the Nuclear Waste Fund since 1983 to build and maintain a natio>lu11 storage facility, but DOE has not yet begun to accept spent material. DOE Coll t i n Lies to collect $600 million annually from electricity consumers to complete construction of a repository. Concerns about the safe transportation of spent nuclear material have been raised by opponents. In the past 40 years, Inore than 3000 shipments of spent nuclear fuel have traveled 1.6 million miles in the t Inited States with no radiation -related injuries or deaths. Transport containers are made ol* multiple layers of steel, lead, and other materials to confine radiation. The DOE would be responsible for safely transporting all spent nuclear material to the federal repository. Recently, the Secretary of Energy recommended the site as suitable, and the President accepted this recommendation. T11c State of Nevada has disapproved of the site Congress must by a majority vote approve the recommendation of the Secretary of Energy for Yucca Mountain to be the nation's repository for spent nuclear material. The Red Wing Area Chamber of Commerce urges Congress to Yucca Mountain as the repository for spent nuclear iliaterial. Sincerely, Red Wing Area Chamber of Commerce Board of Directors Doug Ritter Ken Arneson Stephania, Fox Jim Kelm Beth Krehbiel Craig Scott Jerry Dietzman Nancy Falk Mark Poss Paul Kramp Scott Gillmer Arne Skyberg r L Apr -17-02 08:21 am From—Environment & Reg Affairs 202-887-3445 T-020 P. 01/08 F-514 CHAMBER OF COMMERCE OF THE UNITED STATES OF _AMERICA. Fax Memorandum To: Suzie WojchousE FAM From: Kenneth Pesl�n Pages: Er cinr r rrVo y & R"datayA ffairs U.S. Chamber of Commerce 1615 H Srreet, NW Washington, DC 20062 202.463.5533 202.463.5657 Direct 202.887.3445 FAX kTcskin@usch=ber.com www.usch�rnber.car� RF: Yucca Energy Solution [] Urgent [] For Review E Please Content April 17, 2002 (763) 295-2705 8 (inyxkrg cater shxr) ❑ please Reply ❑ FYI Recentlythe US. Chamber has been publicizing YES! -- Yucca Energy Solution, a grassroots coalmen and educational ,ixlidiative of the U.S. Chamber of Commerce related to nuclear energy and used nuclear fuel. The US. Chamber is currently bu2diag YES! and wo-LAd like to sign up as rnanylocal and state chambers as possible. Attached are sorry materials on YES! and the importance of Yucca Mountain to Minnesota.. The Exelon Corporation and Minnesota, public Utilities Cornn ssion strongly support the Yucca Mountain repository: Miclear power supplies 26,3% of the electricity generared mi Minnesota- - voiding 70 million mouic toms of carbon emissions since 1971. Since 1983, Mi mesota consumers have committed nearly $419 mi1on and have paid over $290 million in fuading for Yucca Mountain. Currently, then are approxitna.tely 900 metric tons of spent nuclear fuel in Minnesota. If you would like ro join YES! or have any further questions, please call eiTher Scott Hepburn or rrryself ar, (202) 463-3186 or (202) 463-5533. Thank you. 04-17-@2 08:16 TO:MONTI CHAMBER FROM:202 887 1-3445 ppl Ail r-17-02 08:24am From -Environment & Reg Affairs 202-88'-3445 T-020 P 08/08 F-514 YES! -- A Promising Op Could your coi-ninunily qjf brd to lose 20 percel7t Of its eleefricity? Of Course not -1 • } We all know that community services would be disrupted if electricity supplies were cut short. Our homes. schools, businesses, hospitals and emergency serti'ices would be forced to YES! shut down. Such a massive disruption would threaten our national security, damage our economy and put our personal YUCCA ENERGY �LUTIO freedom at risk. 'i r: Ckc�nbrvofCama+ae�i�ririutivc YDS! I am able to help Nuclear energy generates 20 percent of our nation's with the f011o`v1na. electricity — even more; in some communities — and it does so without producing ha-rnlful greenhouse gases_ To ensure the long-term reliability of nuclear energy, a -cu nation needs ❑ In -District Visits -, secure repository for the storage of used nuclear fuel. MISSION STATEMENT ❑ Letter Writing Campaign Yucca Energy Solution (YES!) is a U.S. Chamber of ❑ Media Outreach Commerce initiative to educate and organize a coalition of concerned communities that want to ensure that our nation ❑ Membership/Recruitment has a reliable, affordable, safe and diverse supply of energy that includes electricity generated by nuclear fuel. F ] Special Events/Publicity YES! strongly supports the federal government's selection of Yucca Mucmiain in Nevada as a repository for the management of spent nuclear fuel. Exlergy security is the bedrock of our economic vitality and our Rational security. Yucca Mountain represents a promising opportunity to ensure our long-term energy security. ❑ YES! Our organization will _join Yucca Energy Solution at no cost. Nine Organization Address City Phone—__ _ Tule Fax zip E-mail Please fax this form to the attention of Scott Hepburn at (202) 463-5521 11'-' 98:19 TO : MONTI CHAMBER FROM:292 887 '3445 ppb Apr -17-02 08:21 am From -Environment & Rog Attairs 202-887-3445 T-020 P.02/08 F-514 VAR Copyright 2002 Star Tribune Star Tribune (Minneapolis, MN) April 14, 2002, Sunday, Metro Edition SECTION: MEWS; Pg. 22A LENGTH: 549 words HEADLINE: Tote that nuke; Waste can be moved safely BODY: Nevada Sen. Harry Reid admits that he and other officials from the state face an uphill battle in preventing use of Yucca Mountain for permanent storage of nuclear waste. But he's going to give it his best shot. Turns out, however, his best shot is both weak and disingenuous. Atter an exhaustive scientific examination, 'resident Bush has designated Yacca Mountain the official permanent repository for high-level nuclear waste. As provided by law, Nevada vetoed that selection. Now the Senate, by a simple majority vote, can override the veto. No use of the filibuster or other stalling tactics is allowed; unless Democrat Reid can find 49 senators to join lain and Nevada's other senator, Republican John Ensign, in defeating the override, the political part of this drama is over. So Reid and others have launched a campaign to convince senators that transporting waste across their states on its way to Nevada is too risky. But that's a popgun of an argument. Here's why: As the nuclear industry rightly argues, the transportation of nuclear materials, including weapons -grade material, is pretty much an everyday occurrence in the Inited States and around the world. It's been that way for years. The nuclear industry says there have been more than 3,000 shipiuents of nuclear materials in the United Stag since 1964 _ and not one has resulted in a major incident_ Reid points to a recent case in which a small leak was found in a truck tarn,- carrying nuclear waste to the Nevada nuclear test site. This, he says, is evidence of the risk involved. No it isn't. The shipment was of low-level radioactive liquid waste. The relatively low-tech container carrying it is nothing like the casks designed to carry spent -fuel assemblies to Yucca Mountain. Those casks have been designed to withstand the most extreme accidents _ and then brutally test*✓d to ensure they will. Moreover, spent -fuel asscnnblies are made of hard materials that cannot explode or catch fire. There is no liquid to leak. Whether or not Yucca Monntain ever opens to receive waste, the ships -lents of nuclear materials will continue, and perhaps even. increase. No matter what Mappens to the spent -fuel assemblies at U.S. reactors, the U.S. military still will need to move around great quantities of nuclear goods. During the Cold War, the United States distributed quite a lot of nuclear material around the world, particularly for use in research and test reactors. Now, much of that material is being repatriated to the United States and will need to be moved from ports of entry to proper storage facilities. Too, the United States is accepting; spent firel and other highly radioactive material from countries unable to safely and securely store it. Reidd really has no choice but to push as hard as he can to prevent waste storage at Yuccas Mountain; it's what his constituents demand. But other members of the U.S. Senate need to vote him down. Yucca Mountain is where U.S. nuclear waste, military and commercial, needs to be, rather than scattered arotmd the country in much less safe "interim" storage sites. The waste will be retrievable for centuries to come if new technology provides an even better http://www.nexis.coni/rescarch'searclirsubmitVicwTag3ed 4/17/2002 &4-17-02 98:17 TO:MONTI CHAMBER FROM:202 887 3445 P02 Apr,17'02 tam From`Envir°omen Affairs 3 -887 TA 445 7'020 P. 04/08 F'S14 Monz1C�ll° " Q Cp�eYz 9/2sRlOear rF sGGov eRa t ati�CCia/ser r a Of fJc/000 le Gtr/Pra. 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O ' M0JV T I C,X operating C,3ilU/zi FR A2 �s °J`,.4�cembar 20 otf : 2 0/ 8g? 3 445 pB4 Apr -17-02 08:22am From -Environment & Reg. Affairs 202-887-3445 T-020 P.05/08 F-514 Nuclear Power in Minnesota DUCTION Number of nuclear units: 3 —Monticello and Prairie Island 1-2. Nuclear power supplies 26.3 percent of the electricity generated in Minnesota. Nationally, nuclear power, accounts for about 20 percent of electricity production. Nuclear energy avoided carbon dioxide emissions in Minnesota of 2.99 million metric tons of carbon in 2000, and 70 million metric tons since 1971. During 2000, Minnesota's nuclear power units displaced approximately 70,040 tons of sulfur dioxide and 41,000 tons of nitrogen oxide, PAYMENTS FOR NUCLEAR FUEL OISPOSAL Since 1983, consumers of electricity from Minnesota nuclear plants have committed more than $418.9 million into the Federal Nuclear Waste Fund co finance nuclear waste management beginning in January 1998. There are 872 metric tons of nuclear fuel stored in the state. i -SUPPORT FOR YUCCA MOUNTAIN I Minnesota Reps. Gilbert W. Gutknecht, and Jim Ramstad voted in favor of the Nuclear Waste Pol icy Amendments Act of 2000, which was approved 253-167 by the U.S. House of Representatives in March 2000. The Senate approved S. 1287 by a 64.34 vote in February 2000, Efforts to reform the nation's nuclear waste management program were supported by, * Northern States Power Company * Minnesota Public Utilities Commission �k Minnesota Department of Public Service Midwestern Legislative Conference �k National Indian Business Association National Association of Regulatory Utility Commissioners National Association of Counties National Association of ManufaCturers U.S. Chamber of Commerce National Black Chamber of Commerce qtr U.S. Hispanic Chamber of Commerce National League of Cities Council of Citizens Against Government Waste �k Association of American Railroads International Association of Fire Chiefs Labor Organizations: Internacional Brotherhood of Teamsters International BrotherrtocO of Electrical Workers Urility Workers Union oFAmerica Sheet Metal Workers International Association of Iron Workers 04-17-02 98:17 TO:MOHTI CHAMBER FROM:202 887 3445 P05 En`s' r °nment & Rei 23 am r,17-42 IS. From- Ap :r r x,020 p .p6/08 202"88i"3�4� N • M • V1 /N1 Q Ar - 6. is G h a o c d? o c cooco N�-^tip°,' 4 '4 O 19. .`• �G �' 4 S p �� 51 c.3 o d C' �_ - G (" N • M • Apr -17-02 08:23am ■NW& . W;r> From -Environment & Reg Affairs 202-887-3445 T-020 P.07/08 F-514 SJ ~ O 1 C C) ••, ,,,/1 7 Cf5 O 3 sa a C.rD •, O o Z • • n •a n cs �_i (5 C.+ cO O ^. `'[ 3 is �' lam: rl A O O j' O N Ln cti M m_ eD r•. O ZJ `�Q a O rp CL � c� � w � cn O Q (0 S O :7 a' ..a cp �+ � � O' O n O ,_.,• � � t1 � a. S O cy q) zoo r �_i ai O O C1 � �Q G Ca ' �7 O �C L W FD CD O Z M 3 nom-. n O c� R1 , n { E= ,^o d cD .0 �' .�+ Q C. d w d �. A O � c(—� U M i/� � � O M ri O p eu Z � o cD G 9 d Q' pl VJ -. e. d ^' CD -C O N cpa n LL fl �t��'ZO 9� aCr.. O w O-0 IT,, C 9 f D G cp .� ez m.T Cu CD CD O co ,-0 c, , . 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' �* , r l7 D � � : .� _; t 1 rp � � ,-► r -r CA b d _ ZZ, D O .. ; Cf pa +{O+ "I U cb CA •D M V1 r� r i3 '�r Q CD „ a .+ �, r+ @ m o 5. p a .fir > cp d ct] c �`d-, r' cn q `{ r0. of -o CO m m_ 3 = .n; a G O Q � r"7+ �C =7CD —I o O CD It C O. �° 4 b Q d O. M --Zw 3 m n m Cr Vn -n 'II cD � .y O CO ai „ O � O "s CD p,rt � � O � _ y � r. _ C O � O tmj V OS �• Cn O V r3 C •' O CD OCP O7 Li 4 w di b O {� -� O -,� O 3 O. rD Ue O� L4 �� � O C= N !D v+ O da n n� Q, ` n in cn to C . - 03cy - i O O r* b O r3o Ppb ^ O r5 n' C r rto Q C O� O Cl C O O 'cam, •a Q = ¢ rD O- O O 07 cD O O d OLn 17 _, La N y. 04-17-02 08:19 TO:MONTI CHAMBER FROM:202 887 3445 P07 RESOLUTION NO. 2002-23 City of Monticello Wright County, Minnesota RESOLUTION SUPPORTING DESIGNATION OF YUCCA MOUNTAIN AS NATIONAL REPOSITORY FOR SPENT NUCLEAR MATERIAL WHEREAS, there is a need to establish a repository for spent nuclear waste, and WHEREAS, the Yucca Mountain in Nevada has been identified as the sole site for study in a establishing a repository for nuclear waste, and NOW THEREFORE BE IT HEREBY RESOL VED BY THE CITY COUNCIL OF THE CITY OF MONTICELLO, that the City of Monticello supports the efforts of Chambers of Commerce throughout the United States to establish the Yucca Mountain as a repository for spent nuclear material. Adopted by the Monticello City Council this 13`x' day of May, 2002. Roger Belsaas, Mayor ATTEST: Rick Wolfsteller, City Administrator City Council Agenda - 05/13/02 5M. Consideration of a request for a Concept Planned Unit Development. for Otter Creek Crossings Business Park. Applicant: Otter Creek LLC. (NAC/JO) REFERENCE AND BACKGROUND Otter Creek LLC is seeking approval of a concept PUD for a 185 acre "business park" project in the West Chelsea Road area between 90"' Street and County Highway 39. The area has a large amount of frontage along Interstate 94, and would include the platting and construction of Chelsea Road. The primary land uses in the project are intended to be industrial in nature, although a broad range of commercial uses are also proposed. To accommodate the mix of uses in the district, a rezoning to a Planned Unit Development District will be necessary. This concept review is the first step in that process. The City Engineer is working on a design for Chelsea Road that would provide access to the development. The individual site layouts would be addressed as potential tenant needs are identified. A PUD Zone is basically the creation of a new zoning district that applies only to the site in question. The applicant has identified three potential subdistricts that the PUD zoning would apply to. The first is between Chelsea Road and I-94, called "Area A" in the concept narrative. Area A would use I-1 A as its base zoning district, but would add a range of commercial uses. In addition, Area A would require building materials that are more indicative of contemporary commercial and higher -end industrial parks by prohibiting exposed metal finish buildings. With regard to the land uses, planning staff believes that the addition of certain commercial uses could be compatible in this area. However, the City should be aware of potential competitive conflicts with other commercial property. The Highway 25 corridor has a substantial supply of commercial land that has been identified for future development based on its proximity to residential customers and highway access. Freeway exposure serves, typically, a different clientele. Some of the uses proposed for the concept plan would appear to create potential conflicts with other competitive locations. Specifically, Department or Discount stores, Off -sale liquor, Banks, Grocery Stores, Medical and Dental clinics, and amusement places would seem to have a more defined trade area, and be less likely to rely on freeway traveler traffic. Convenience style grocery combined with motor fuel sales would rely on freeway traffic, but this location would be quite remote from convenient freeway access. Planning staff would support the first seven uses on the list supplied by the applicant, along with day care centers which have a direct business interaction with the employee base created by a business park. City Council Agenda - 05/1 x/02 The other uses noted above should not be located in this area. In addition to the competitive location issue, those uses are typically high -traffic commercial generators that would be better located in areas that do not directly intermix with industrial traffic, and as discussed, are not typically reliant on freeway exposure for travel -related customers. One other item should be considered in this district. The I-1 A District allows outdoor storage by Conditional Use Permit. Because the intent of Area A is for high visibility (presumably with high site acquisition and development costs), planning staff would recommend that outdoor storage not be allowed in Area A. The second tier of development lies south of Chelsea Road, designated as "Area B". Within Area B, the applicant follows the I-lA District uses, and proposes to add Trucking and truck service, concrete/asphalt plant and concrete products, and automobile assembly and major repair. Obviously, concrete/asphalt plants would be located in "heavier" industrial districts. Moreover, the high amount of outdoor storage and typically lower level of site improvements, would seem to be inconsistent with the I-1 A concept. Trucking firms commonly rely on large levels of outdoor trailer storage. Some trucking firms have raised code enforcement issues for local officials when undelivered materials accumulate on the site. Automobile assembly and repair can be reasonably clean use, however, the City needs to regulate the storage of automobiles awaiting repair, and the potential for accumulation of parts or junked vehicles. In summary, the additions to the I-1 A District seem to be out of character with the remainder of the district. Automobile assembly and repair would be allowed if it were an indoor activity, and outdoor storage would occur by the issuance of a specific permit. Because this is a PUD District, the City would issue a PUD permit rather than a Conditional Use Permit. The south portion of the project are is delineated as "Area C". This area is held out by the developers due to its proximity to residential uses farther to the south, and the timing of development. The applicants state that they prefer to wait until Areas B and C have had a chance to develop prior to committing to a specific use or development scheme in this area. Area C should be platted as an outlot and the PUD development contract should reflect this intent in order to preclude inconsistent development. Procedurally, the City would grant concept approval to the area with the use and performance standard stipulations for the sub -districts. Next, a Development Stage PUD would be considered, which would include a draft layout of the project, more detailed sited development requirements, a draft PUD rezoning ordinance, and a preliminary PUD development contract. At this stage, the area would be preliminary platted. Typically, projects such as this would be platted into large, undivided lots which would later be split 2 City Council Agenda - 05/13/02 off by simple metes and bounds descriptions when a specific user is identified. Each individual site user would be required to obtain a Final PUD permit. Such reviews do not require a public hearing, but typically would require official City review - essentially a site and building plan review to ensure consistency with the PUD objectives. At Final PUD stage, such issues as outdoor storage or other special considerations would be reviewed. The Planning Commission reviewed the proposal and staff report and recommended approval of the PUD. Although the Planning Commission motion in the minutes did not specifically identify acceptable uses within each area, it is the view of staff that the Planning Commission recommended adoption of uses as identified in the staff report. ALTERNATIVE ACTIONS 1. Motion to approve the Otter Creek Business Park concept PUD, based on a finding that the concept is consistent with the City's Comprehensive Land Use Plan. See the "marked up" PUD proposal for a specific list of acceptable uses in each area under the PUD. 2. Motion to deny approval of the business park concept PUD, based on a finding that the mix of uses is not supported by the Comprehensive Plan and would create conflicts with surrounding industrial uses. STAFF RECOMMENDATION Staff and Planning Commission recommend approval of the concept PUD, with the conditions that the list of uses is pared down from that proposed by the applicant (as suggested in this report). Because of the high level of freeway exposure, the site is likely to provide the opportunity for higher -end industrial uses. Limited mixing of industrial and commercial uses is positive due to the interchange between commercial and industrial uses, however, the area should avoid competition with the City's other commercial property, and the inappropriate location of high -traffic commercial uses. SUPPORTING DATA 1. Applicant's project narrative/PUD proposal 2. Site Plan 0 414 J 4" 40 #4 ft so 00 Ilk �'� Cry � 940 two �. i 02/11/2002 16:44 9522490790 BIRCHLAND DEV. CO. PAGE 02 OTTER CREEK CROSSINGS BUSINESS PARK PROJECT NARRATIVE Obiectives: The Otter Creek Crossings Business Park is a large project (185 acres) and is intended to fulfill the following objectives: • Create an attractive extension and transition of uses in the high;,visibility I-94 corridor. • Provide the City of Monticello with a development plan that is flexible enough to locate large industrial uses or smaller ones depending on changes in market demand. • Extend the Chelsea Road frontage road concept to improve traffic movement between Highway 25 and CR 39. • Buffer existing residential areas (particularly Bondhus Addition). • Locate infrastructure that will open up large areas for development beyond our project. • Protect and enhance existing wetland areas to serve as an amenity to the business park and community. Sub -areas: There are three areas of the proposed business park that have unique characteristics and we are proposing a Planned Unit Development to provide, the flexibility to take advantage of those unique characteristics. Area A: This area has superior visibility from I-94 and is immediately adjacent to the existing commercial businesses on Chelsea Road. Our goal in this area is to provide development that has uses and aesthetic standards that are compatible with the adjacent commercial businesses and provide a good image of the City to travelers on I-94. Although it is anticipated that the underlying zoning in this whole project will be based on the I-lA standards, we are proposing that building types in this area be held to a more stringent design standard. Specifically, we would like to see the PUD eliminate the use of exposed metal or fiberglass finishes in Area A rather than allow its use on up to 50% of the wall surfaces. This will make the building design much more consistent with the commercial areas to the east. In addition, we would propose that the setbacks in this area be the same as in the commercial areas to the east so that there is a consistent "feel" and massing along the frontage road and I-94. rim 02/11/2002 16:44 9522490790 BIRCHLAND DEV. CO. Finally, in order to provide a softer transition of uses, provide conveniently located services to future employees of the business park and to allow for expansion of the rapidly diminishing undeveloped areas in the city that have highway visibility, we are proposing that the following uses be added to Area A. • Enclosed boat and marine sales • Books, office supplies, stationery stores and copy services • Furniture, carpet, rug, tile, glass, paint, wallpaper, hardware, and electrical appliance stores • Motor fuel station, auto repair, car wash, auto body shop, tire and battery stores and service • Machinery sales • New and used automobile/light truck sales and display • Motels, motor motels, hotels and conference'centersok{ • Department or discount stores ll: • Off -sales liquor stores .o- • Bank • Grocery store including convenience grocery L(lj • Medical and dent -al and clinic 0,J • Day care center a k • Amusement places o u4't_ a (10 d ", k &oo x P-0 -bQ Area B: PAGE 03 This area has limited highway visibility and most of this area is buffered from the developments to the east by a large wetland and the existing cemetery property. Our goal in this area is to provide a flexible development plan that would enable the City to develop a large industrial use or smaller users in response to changing market trends. In addition, since much of this area is more remote with low visibility, it may provide an opportunity for locating or relocating uses that the city might not want in a high visibility area. One of the goals in this area was to develop a plan that quickly got truck traffic onto Chelsea Rd. and highways rather than diverting it towards residential areas. Since this area is not a continuation of existing developed areas, we are proposing that the setbacks remain according to the I-lA standards. The uses that we would propose in this area in addition to what is already provided for in the I-1 A are the following: • Trucking and trucking service � V • Concrete/asphalt plant and manufacture of concrete products �- • Automobile assembly and major repair 5m 021+11/2002 16:44 9522490790 BIRCHLAND DEV. CO. PAGE 03 Finally, in order to provide a softer transition of uses, provide conveniently located services to future employees of the business park and to allow for expansion of the rapidly diminishing undeveloped areas in the city that have highway visibility, we are proposing that the following uses be added to Area A. • Enclosed boat and marine sales • Books, office supplies, stationery stores and copy services • Furniture, carpet, rug, tile, glass, paint, wallpaper, hardware, and electrical appliance stores • Motor fuel station, auto repair, car wash, auto body shop, tire and battery stores and service • Machinery sales New and used automobile/light truck sales and display • Motels, motor motels hotels and onferencecen ers ouj- • Department or discount stores • Off -sales liquor stores 0->-k • Bank C %-A--� • Grocery store including convenience grocery • Medical and dental offices and clini -� Day care center A1C • Amusement places o u -'t'' p (10 d ", k&.0QR- -5 +b RC, Area B: This area has limited highway visibility and most of this area is buffered from the developments to the east by a large wetland and the existing cemetery property. Our goal in this area is to provide a flexible development plan that would enable the City to develop a large industrial use or smaller users in response to changing market trends. In addition, since much of this area is more remote with low visibility, it may provide an opportunity for locating or relocating uses that the city might not want in a high visibility area. One of the goals in this area was to develop a plan that quickly got truck traffic onto Chelsea Rd. and highways rather than diverting it towards residential areas. Since this area is not a continuation of existing developed areas, we are proposing that the setbacks remain according to the I-1 A standards. The uses that we would propose in this area in addition to what is already provided for in the I-1 A are the following: Trucking and trucking service • Concrete/asphalt plant and manufacture of concrete products • Automobile assembly and major repair 5 P"" o+ Z �� 02/11/2002 16:44 9522490790 BIRCHLAND DEV. CO. PAGE 04 Area C: The development in this area will need to be sensitive to the adjacent residential uses. Given that the overall Otter Creek Crossings Business Park development is quite large and will likely take many years to develop, we are proposing that this area remain an area for future study to ensure that the interests of the adjacent residents are preserved. Depending on the market conditions and development patterns at the time this area is studied, we could see this area potentially ending up as an industrial development with special concern for buffering and uses or even a mixed use development area that provides some housing for the workers in the business park in addition to industrial opportunities. We believe both the property owners and the City will be in a better position to create the best standards for this area when we all have had an opportunity to see the results of some of the earlier phases of this project. pf.� 3VI)a 3 5n Pla1111111U C0111111ISSI011 M111M S - 03/12/02 showroom space and stated that it was critical that there be exposure: to Chelsea Road. He also advised that Gould Chevrolet running parallel to the back of this proposed bui1din0 would be better. Weinand advised that there is an odd shape to the property and they did not want to expose the storage area to Chelsea Road and they still need to maintain easements. He also stated that they spent a fair- amount of time with people directly affected by the plan and that they will do additional landscaping which will benefit them as well. He noted that they are trying to follow standards that the car dealerships have chosen, and to compliment as well. He advised their reason for pushing the project forward with concept and development stage is due to the large size of the project and also getting their- tenants in on a timely manner, especially the auto body due to their equipment, etc., advising that this is a new body shop. Weinand stated the two major businesses that this project affects are Ford and the Health Club, and that they were in favor of the project as it would be cleaning up Marvin Road.and would also give the Health Club additional parking. Weinand advised that there is an agreement with them and have written up licensing to that effect. Chair Frie then closed the public hearing. Smith asked if staff was in aoreement with the proposed screening of the outside storage and Grittman stated they did not pick that up at first review but it seems to be favorable; also stating possibility of a block wall along the back of the pond area.. Weinand stated it was possible and that they may have to cut down a portion of Marvin Road. They questioned Weinand regarding his input on the request for two- way traffic versus the one-way initially proposed and he stated they will work with staff to change that. He stated that their focus was to have two- way traffic to the middle which would also help Olson Electric with their entrance. They also felt their parking was getting a little tight, but would work with that as well. Frie added that item G of the conditions should be removed from the list of conditions requested in the report, and to replace it with "proper screening and landscaping of outside stora(le". Dragsten asked if the applicant had reviewed all of the conditions and Weinand stated they had and they are all workable. Dragsten asked Grittman about item one and Grittman advised that this was due to encroachments to the right -of- way. Popilek asked about sufficient parking and Grittman stated it appears to be adequate. they do have potential for additional tenants and may need more parking at that time. No issues with setbacks due to the PUD. ROY POPILEK MADE A MOTION TO RECOMMEND APPROVAL OF THE CONCEPT AND DEVELOPMENT STAGE PLANNED UNIT DEVELOPMENT BASED ON THE FINDINGS THAT THE PROPOSAL IS CONSISTENT WITH THE COMPREHENSIVE PLAN, IS COMPATIBLE WITH EXISTING LAND USES IN THE AREA. SATISFIES THE PROVISIONS OF THE ZONING ORDINANCE, AND 7 5r'1 Planning—, Commission Minutes - 03/12/02 IS CONSISTENT WITH THE CITY'S USE OF PLANNED UNIT DEVELOPMENT, AND SUBJECT TO THE FOLLOWING CONDITIONS: a. A two-way circulation route be provided in the parking area west of the Lot 1 building. b. Plantings be added at the perimeter of the proposed Lot 1 building. C. Cross parking and access easements are established and recorded with Lot 1, block 1 to serve future Outlot B development. d. All off-street parking supply requirements of the Ordinance are satisfied including parking associated with future development upon Outlot B. e. Trash handling and recycling equipment shall be stored within or attached to the principal buildings. f. Site lighten` shall be subject to review and approval by the Building Official who will certify that lights have been installed and perform according to the lighting plan. Such certification shall occur prior to a certificate of occupancy being issued. g. Outside storage at the location identified shall be allowed with proper landscaping and screening. h. Applicable signage requirements of the Ordinance are satisfied. i. A license is issued to allow the encroachment of an off street parkigarea Nkithiri the Marvin Road right-of-way. Eng provide comment and recommendation in regard to access, J. The City En grading, drainage and utility issues. k. Building area summaries for Lot 1 provided on the site plan are revised to be consistent. 1. The applicant receive permission from nearby property owners regarding the proposed use of Marvin Road. This permission to come from those property owners that have property that has access only from Marvin Road. ROD DRAGSTEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 7. Public Hearing: Consideration of a request for concept stage planned unit development for Otter Creek Crossings Business Park. Applicant: Otter Creek LLC/John Chadwick, and Jim Bowers. Steve Grittman, City Planner, advised that Otter Creek LLC is seeking approval of a concept stage PUD for a 185 acre "business park', project in the West Chelsea Road area between 90"' Street and County Road 39. The area has a large amount of frontage along I-94. and would include the platting and construction of Chelsea Road. Tile primary land uses in the project are intended to be industrial in nature. although a broad range of 5m P1,11111111u, Commission Minutes - 03/12/0 1) IS CONSISTENT WITH THE CITY'S USE OF PLANNED UNIT DEVELOPMENT. AND SUBJECT TO THE FOLLOWING CONDITIONS: a. A two-way Circulation route be provided in the parking area west of the Lot I buildin() b. Plantings be added at the perimeter of the proposed Lot l building. C. Cross parking and access easements are established and recorded with Lot I . block 1 to serve future Outlot B development. d. All off-street parking supply requirements of the Ordinance are satisfied including parking associated with future development upon Outlot B. e. Trash handling and recycling equipment shall be stored within or attached to the principal building"s. f. Site lighting shall be subject to review and approval by the Building Official who will certify that lights have been installed and perform according to the li`1lting plan. Such certification shall occur prior- to a certificate of occupancy being issued. G. Outside storage at the location identified shall be allowed with proper landscaping and screening. h. Applicable signage requirements of the Ordinance are satisfied. i. A license is issued to allow the encroachment of an off street parking area within the Marvin Road riyght-of-way. j. The City Engineer provide comment and recommendation i11 re`oard to access. `grading. drainage and utility issues. k. Building area summaries for Lot 1 provided on the site plan are revised to be consistent. 1. The applicant receive permission .fi-om nearby property owners reprding the proposed use of Marvin Road. This permission to come from those property oNN�ners that have property that has access only from Marvin Road. ROD DRAGSTEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 7. Public Hearing,: Consideration of a request for concent stage Manned unit development. for Otter Creek Crossin(,Is Business Park. Applicant: Otter Creek LLC/John Chadwick. and Jim Bowers. Steve Grittman. City Planner. advised that Otter- Creek LLC is seeking approval of a concept stage PUD for a 185 acre "business park"' project in the West Chelsea Road area between 90"' Street and County Road 39. The area has a large amount of frontage along 1-94, and would include the platting and construction of Chelsea Road. The primary land uses in the project are intended to be industrial in nature. although a broad range of 1 �- 501. Planning Commission MIIIUtes - 03/12/02 commercial uses are also proposed. To accommodate the mist of uses in the district, a rezonino to a Planned Unit Development District will be necessary. This concept review is the first step in that process. The City Engineer is working on a design for Chelsea Road that would provide access to the development. The individual site layouts will be addressed as potential tenant needs are identified. The applicant identified three potential subdistricts that the PUD zoning would apply to. The first is between Chelsea Road and I-94, called "Area A" in the concept narrative which would use I-lA as its base zoning district, but would add a range of commercial uses. In addition, this area would require building materials that are more indicative of contemporary commercial and higher -end industrial parks by prohibiting exposed metal finish buildings. With red(yard to the land uses, planning staff believes that the addition of certain commercial uses could be compatible in this area. However, the City should be aware of potential competitive conflicts with other commercial property such as the Highway 25 corridor which has a substantial supply of commercial land that has been identified for future development based on its proximity to residential customers and highway access. Freeway exposure typically serves a different clientele. Grittman advised specific uses, some of which proposed for the concept plan would appear to create potential conflicts with other competitive locations. Grittman advised that the I - IA District allows outdoor storage by conditional use permit. Because the intent of this area is for hid(yh visibility (presumably with high site acquisition and development costs), planning staff recommended that outdoor storage not be allowed in this area. The second tier of development lies south of Chelsea Road, designated as "Area B"'. Within this area, the applicant follows the I - IA District uses, and proposed to add trucking and truck service, concrete/asphalt plant and concrete products, and automobile assembly and major repair. Grittman stated that the additions to the I-lA District seem to be out of character with the remainder of the district. Automobile assembly and repair would be allowed if it were an indoor activity, and outdoor storage would occur by the issuance of a specific permit. Because this is a PUD District, the City would issue a PUD permit rather than a Conditional Use Permit. The south portion of the project area is delineated as "Area C". This area is held out by the developers due to its proximity to residential uses farther to the south, and the timing of development. The applicant states that they prefer to wait until Areas B and C have had a chance to develop prior to committing to a specific use or development scheme in 0 M11111n1-' Commission Minutes - 03/12/02 this area. Area C should be platted as an outlot and the PUD development contract should reflect this intent in order to preclude inconsistent development. Grittman advised the procedure that the City would follow re`(Tarding the stages of the planned unit development process. i Chair Frie asked Herbst if this particular area might be re -zoned due to its close proximit` to the golf course and Herbst stated it would not be zoned for heavy industrial and that it is approximately 400 to 500 feet from the freeway as well. O'Neill stated that the Planning Commission and City Council discussed this area in September and at that tii e the consensus was that the whole area would be lig11t industrial, possibly be some retail, but more warehouse. Since that time the Developer has come back with a PUD design which appears to be consistent with discussions from that meetin`(. Chair Frie opened the public hearing. Paul Bilotta, representative for Otter Creek Business Park, provided additional information to the Planning Commission, including a 11� ita site plan. He stated that they have had a great amount of discussion with staff regarding this project and stated flexibility is the key with such a large project. HE stated the proposed roadway alignment is to accommodate the mix of uses such as large users and small users. Uses in "Area A" were a continuation of the general character along Chelsea Road, with a smooth transition. Bilotia also stated that the uses listed by staff that were not recommended would not be a problem, other than the medical and dental uses as he thought that currently they are a permitted use in the I-1 A district. Bilotta also stated that the "Area B" uses came from discussions with staff and they are not proposing more heavy users, but that this would be an area providing for relocation Cj for businesses not visible from the Highway. It was noted that with the PUD process, staff could add conditions for future uses. They are looking at a self-contained permanent structure that looks like a manufacturer using masonry, nothing temporary or metal. He also advised that there is nothing proposed for "Area C" at this time due to the size of the project, and if this is a sensitive use it should be looked into at that point in time and would be handled sensitively. Frie asked the applicant if they had looked ahead at possible stress of traffic coming out onto County Road 39 and O'Neill advised that they have been working with the County on this issue, advising that the road will be upgraded. Herbst stated that the access to I-94 is also key to industries. Grittman stated that Chelsea Road would intercept traffic from Co. Rd 39 to the freeway as well. O'Neill stated that they are eager to protect industrial land and this area has been designated as Industrial. The IDC has been looking at this property as well and has 10 Vb' � .y� 5 �1 Planning—, Commission Minutes - 03/]?/02 this area. Area C should be platted as an outlot and the PUD development contract Should reflect this intent in order to preclude inconsistent development. Grittman advised the procedure that the City would follo\\- re(Ularding the stages of the planned unit development process. z rt Chair Frie asked Herbst if this particular area mioht be re -zoned due to its close proximity to the golf course and Herbst stated it would not be zoned for heavy industrial and that it is approximately 400 to 500 feet from the freeway as well. O'Neill stated that the Planning Commission and City Council discussed this area in September and at that tinke the consensus ,vas that the whole area would be lig11t industrial, possibly be some retail, but more warehouse. Since that time the Developer has come back with a PUD design which appears to be consistent with discussions from that meeting. �/ V Chair Frie opened the public hearing. Paul Bilotta, representative for Otter Creek Business Park. provided additional information to the Planning Commission, including a site plan. He stated that they have had a great amoLint of discussion with staff regarding this project and stated flexibility is the key with such a large project. HE stated the proposed roadway alignment is to accommodate the mix of uses such as large users and small users. Uses in "Area A" were a continuation of the general character along Chelsea Road. with a smooth transition. Bilotta also stated that the uses listed by staff that were not recommended would not be a problem. other than the medical and dental uses as he thought that currently they are a permitted use in the I-1 A district. tr Bilotta also stated that the "Area B" uses came from discussions Vvith staff and they are not proposing more heavy users, but that th=is would be an area providing for relocation dv for businesses not visible from the Hiohway. It was noted that wvith the PUD process. staff could add conditions for future uses. They are looking at a self-contained permanent structure that looks like a manufacturer using masonry. nothing temporary or metal. He also advised that there is nothing proposed for "Area C" at this time due to the size of the project, and if this is a sensitive use it should be looked into at that point in time and would be handled sensitively. Frie asked the applicant if they had looked ahead at possible stress of traffic coining out onto County Road 39 and O'Neill advised that they have been working with the County on this issue, advising that the road will be upgraded. Herbst stated that the access to I-94 is also key to industries. Grittman stated that Chelsea Road would intercept traffic from Co. Rd 39 to the freeway as well. O'Neill stated that they are eager to protect industrial land and this area has been designated as Industrial. The IDC has been looking at this property as well and has e 10 b Planning Commission M111UteS - 03/12/02 decided that a high level of commercial would be a good use as well and they were supportive of this development, whether industrial or a mix. Koropchak agreed with that statement, however the IDC is waiting for the Comp Plan open house date due to deadlines that they need to meet. Frie asked if the PUD is approved, what leverage does staff have at deciding the level of uses which are acceptable. Grittman stated that on the front end staff Wold need to decide what uses are acceptable and that the PUD would be reviewed for each business. Grittman stated that was the initial intent and it is important to protect the Highway 25 corridor commercial area, and that a mix of uses was better at a lower threshold. A resident at 3240 County Rd 39 NE addressed the Planning Commission stating he was supportive of getting an industrial area in at that location, but asked about weight restrictions on that road and Herbst advised it was possibly. 8 or 9 ton. but could not verify this as it is a County Road. The resident also added that he was concerned with heavy traffic on Country Road 39 from Chelsea Road to the bridge, and would the County Road have to be widened for industrial traffic. He was also concerned with safetv due to possible industrial traffic. Grittman stated that he was not aware of any plans to widen that road. He did state that the City's transportation plan is to complete this link to Chelsea Road, and then it would extend further out to the west which would carry the traffic down to the freeway on the south side, creating less pressure to widen Co. Rd 39. Another resident stated his concern with safety on Co. Rd. 39 as well and suggested possible addition of bypass lanes as he thought this was previously proposed. He also questioned whether the access could be moved further to the west under the power lines, but it was advised that this was not the applicant's property. O'Neill stated that staff will talk to the County Engineer- and bring these comments to them, advising that this is not the first time the concern has come before them. They also added that this may not have an affect on this proposed PUD. Another- resident in this area asked if there would be water and sewer installed and it was advised that at this time the Comp Plan is calling for residential zoning to the south He also asked if he wanted to develop his land could he do so. and O'Neill stated that the current plan calls for development to occur over time in increments, but it many be possible in a few years. Chair Frie then closed the public hearing. Popilek asked that if in the proposed "Area A" would it be advisable to have grocery stores, medical and dental offices, etc.. would that help with the traffic on Hwy 25. Grittman stated that commercial traffic would use Hwy 25 anyway and they are trying to keep that area more compact. !;M Planning—) Commission Minutes - 03/12/02 A MOTION WAS MADE BY ROY POPILEK TO RECOMMEND APPROVAL OF THE OTTER CREEK BUSINESS PARK CONCEPT PLANNED UNIT DEVELOPMENT, BASED ON A FINDING THAT THE CONCEPT IS CONSISTENT WITH THE CITY"S COMPREHENSIVE LAND USE PLAN. RICHARD CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 8. Public Hearimy: Consideration of an amendment to the Zonin(- Ordinance to allow senior housin, as a conditional use in a PS, Public - Semi Public, zoning( district. Applicant: City Staff ,teff O'Neill provided the report. Planning Commission is asked to consider adding Senior- Housing as a conditional use in a Public/Semi Public District as a housekeeping measure as it has been discovered that this use is not identified in the P/S District even though we have allowed Senior Housing in this district (St. Benedicts). It is the view of the City Planner that Senior/Congregate care housing was originally intended to be permitted in the P/S District, however it was inadvertently left out when the original ordinance was prepared. O'Neill listed suggested conditions to be included in the ordinance relating to establishment of senior housing as a conditional use in the PS District: 1. Setbacks for Senior Housing related structures should meet the minimum standard for the district, or equal the height of the building. whichever isgreater. 2. The parking lot must have direct access from a minor collector or collector road. 3. Underground parking must be provided at a rate of 3/4 spaces per unit. 4. The development must be contained on an independent parcel. 30% of the parcel must be preserved in green space. Chair Frie opened the public hearing. Hearing no response" the public hearing was then closed. Frie asked if St. Benedicts was aware of the conditions and are they met, and O'Neill stated that he feels they are for the most part. Gr•ittman added that it is included in their PUD, and that since it is a PUD it would not be classified as nonconforming. Herbst asked about Mississippi Shores but it was noted that this is in a different district and did not apply. Drausten asked about the condition listed stating "Underground parking must be provided at a rate of 3/4 spaces per unit''. O'Neill advised that "underground parking"" was included due to the P -S districts being close to a residential area and stated the City was trying to encourage that. 1-) Planning Commission Mi»uics - 03/12/02 A MOTION WAS MADE BY ROY POPILEK TO RECOMMEND APPIZOVAL OF THE OTTER CREEK BUSINESS PARK CONCEPT PLANNED UNIT DEVELOPMENT. BASED ON A FINDING THAT THE CONCEPT IS CONSISTENT WITI-1 THE CITY'S COMPREHENSIVE LAND USE PLAN. RICHARD CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 8. Public I-learin<u: Consideration of an amendment to the Zoning-) Ordinance to allow senior housin,(T as a conditional use in a PS. Public - Semi Public. zonim-1 district. Applicant: City Staff Jeff O'Neill provided the report. Planning Commission is asked to consider adding Senior Housing as a conditional use in a Public/Semi Public District as a housekeeping measure as it has been discovered that this use is not identified in the P/S District even thouOh we have allowed Senior Housing in this district (St. Benedicts). It is the view of the City Planner- that Senior/Congregate care housing was originally intended to be permitted in the P/S District. however it was inadvertently left out when the original ordinance was prepared. O'Neill listed suggested conditions to be included in the ordinance relatino to establishment of senior housing as a conditional use in the PS District: Setbacks for Senior HousinLy related structures should meet the minimum standard for the district, or equal the hei``ht of the building. whichever is greater. 2. The parking lot must have direct access fi-on, a minor collector or collector road. 3. Undergo round parkin` must be provided at a rate of 3/4 spaces per unit. 4. The development must be contained on an independent parcel. 30% of the parcel must be preserved in green space. Chair Frie opened the public hearing. Hearing no response. the public hearing was then closed. Frie asked if St. Benedicts was aware of the conditions and are they met. and O -Neill stated that he feels they are for the most part. Grittman added that it is included in their- PUD. and that since it is a PUD it would not be classified as nonconforming. Herbst asked about Mississippi Shores but it was noted that this is in a different district and did not apply. Draosten asked about the condition listed statino "Underground parking must be provided at a rate of 3/4 spaces per unite. O'Neill advised that under�oround parking" v�-as included due to the P -S districts bein�o close to a residential area and stated the City was trying to encourage that. 12 Council Agenda - 5/13/02 5N. Consideration of granting a license of use over an easement on the Groveland Commercial Center Site, (JO) A. REFERENCE AND BACKGROUND: City Council is asked to consider granting a license of use over a portion of the easement along the back property line of the Groveland Commercial Center. Subsequent to the initial design of the site plan it was found that a small portion of the structure at the northwest corner extends 5' into the 30 easernent. The developer has reduced the size of the building slightly to minimize the problem but is unable to reduce building size further for econornic reasons. Staff has worked with the developer to adjust and jiggle the building on the site in an effort avoid this encroachment into the easement. The plan presented represents the best efforts in this regard. Bret Weiss has analyzed the risk associated with construction of the building at this location and has concluded that repair of the line would likely involve installing a liner which would not require excavation. In the rare event of complete line failure, a new sanitarysewer line would need to be installed following a different route. The chances of this happening are very rernote. Weiss also noted that even if the building is constructed completely outside of the easement, and the sanitary sewer line collapses it is likely that the "fix" would be the sarne therefore shifting the building five feet closer to the sanitary sewer line does not have an appreciable affect on city options if the sewer line were tocollapse. In speaking with the City Attorney on this matter, he recommends that the City grant a license of use over the easement area. Although it is very unlikely that excavation of the line would occur he recommends that the license include an `exculpatory" clause that holds the city harmless in the event work on the sewer line damages the building within the easement. B. ALTERNATIVE ACTIONS: 1. Motion to grant a license of use over a city easement for the Groveland Commercial Center. Motion to include an exculpatory clause holding the city harmless for damage to the building that might occur in the rare event that the sewer line would need to be repaired via excavation. 2. Motion to deny granting license of use over city easement. C. STAFF RECOMMENDATION: The portion of the easement affected by the license is relatively small but more importantly, the options for conducting a repair operation are not affected by allowing the building to encroach into the easement as proposed, therefore there is nothing lost by granting the license. The only option for truly protecting the city's ability to completely excavate the line without any risk to the building would require that the city obtain an additional 20' of easement. Pushing the building 20' feet further to the south would kill the project in its current form and expose the city to other liabilities. Therefore, it is the recommendation of City Staff to grant a license of use in the Easement as prepared by the City Attorney. D. SUPPORTING DATA: Copy of site plan. a z . / • `9 ` •• � �' � �� I I I I � � a r' I I I I I �'•4 � � ` • `� Off\ � � \ '~• 'v E I I I .' I I `�` `\ '! , ; , zx 41 ol po cD ro No oo 3 �` z g0� " I. j ! I. f Y_ M a s'gmz�'N \�•\ \�\ �\�\��\\ I cl: l�rU\ x `• = 7 7� L! X S =_ I I I ,� m C Z C g �iegqp;a �yR � do $$�3 s$�3�$ ��¢ =$$ � ,f � �➢$ Ra �� E R%�� ��ja I= � � ° g `$� s x _ Rr� -'a Q'? 3 �i$:�a� 3�•sa *$ $$ �$ 3$ °$^ 5 ig$kq�. 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R � ^P g�� s�Qa c S � c 3 t w o SL i � '��,,�,�3�� •o co � •C 09et CD 1 ^.o `■g= G m 2i') EXHIBIT F — UTILITY PLAN City Council Agenda - 05/13/02 7 & 8. Consideration of development state planned unit development and approval of nreliminary plat and conduct public hearini on plan consistency with Wild & Scenic PUD requirements. Applicant: Hans Haien Homes. (JO) REFERENCE AND BACKGROUND At the previous meeting of the City Council the concept stage PUD was approved subject to review and approval of certain aspects of the site by the City Engineer. There was also a requirement that the plan be forwarded to the DNR for comment. This agenda item is also serving as a formal hearing providing opportunity for input by the DNR. As of the time of preparation of this agenda item, staff has not received comments from the DNR. Staff and developer have had some difficulty in defining the spacing of project elements from the front of the building to the edge of the park. We are seeking input from the City Council in this regard. It appears that we are short about 5' of space necessary for green space, sidewalk, 28' two-way road and pathway. On the north the alignment of the river bank, preservation of trees and the future need for a pathway set a boundary. On the building side, the developer has a fixed plan that requires a building with a certain size. He does not want to reduce the size of the home. Fixing these two points creates a deficiency of about 5' at the northeast corner of the site where Front Street curves to the west. To remedy this deficiency, staff is suggesting two options. One option would be to eliminate the 5' green space between sidewalk and curb, thus placing the curb directly next to the sidewalk. Although staff and developer are not thrilled with this option, it could solve the problem. The other idea is to reduce the road width and make Front Street a one way street heading west. The alley in the back is already one way heading east which would result in a counter clockwise traffic pattern for the development. This option will also reduce the cost of the reconstruction project. Staff is somewhat divided on this option with Public Works liking full two way access in this area and engineering and planning thinking that one way travel along this limited access to River Park road makes sense - with or without an associated problem with space described above. As a separate issue, the DNR as represented by Patti Fowler believes that DNR approval is necessary before the project may proceed. She has asked for an analysis of the site in terms of the PUD standards for development in the Wild and Scenic area. Steve Grittman has prepared a response which is attached for your review. As you can see, according to Grittman's review, the development plan complies with DNR PUD standards for density. We have not received comments from the DNR to date. The Design Advisory Team has reviewed the project and found it to be consistent with the redevelopment plan. City Council Agenda - 05/13/02 ALTERNATIVE ACTIONS: Motion to approve the development stage planned unit development and approve the associated preliminary plat. Motion based on the findings that the PUD is consistent with the character of the area and consistent with the redevelopment plan. Motion includes establishing one-way traffic on Front Street on a 24' wide road. Both the DAT and the Planning Commission support approval under the concept of turning Front Street into a 24' wide one-way street with parking on one side. 2. Motion to approve the development stage planned unit development and approve the associated preliminary plat. Motion includes establishment of a boulevard cross section as desired by City Council. 3. Motion to deny or table approval of the development stage planned unit development and deny or table approval of the preliminary plat. City Council may wish to select this alternative if it no longer supports the plan or if a satisfactory resolution to Front Street setback problem can not be established. STAFF RECOMMENDATION The majority of staff, along with the Planning Commission and DAT, recommend alternative 1. SUPPORTING DATA Copy of latest site plan Report to DNR regarding PUD requirements in the Wild and Scenic Area. 2 1 NORTHWEST ASSOCIATED CONSULTANTS, INC. 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Tel: 952.595.9636 Fax 952.595.9537 email: sgrittman Cnacplanning.com TRANSMITTAL DATE: April 24, 2002 TO: Patty Fowler FROM: Steve Gritiman QUANTITY: MATERIAUDESCRIPTION: NUMBER OF PAGES INCLUDING COVER: 16 DATED: VIA: Fax Mail Pick Up Delivery REMARKS: Attached is some information on the Monticello "Riverwalk" Townhome project. Please call if you would like to discuss. Thanks. -s9 CITY/PROJECT NAME: Monticello - Riverwalk JOB NUMBER: 191.07- 02.08 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com MEMORANDUM TO: Patty Fowler FROM: Stephen Grittman DATE: April 25, 2002 RE: Monticello — Riverwalk Townhomes FILE NO: 191.07-02.08 I have run through the PUD evaluation sheets you sent for the Riverwalk project in Monticello — at least in a preliminary way. Because the City is acquiring the riparian edge, the "open space" portion of the project area will be approximately 57% - most of this under public ownership, and some under protection of a covenant regulated by a homeowner's association. For purposes of project area, I used the City's aerial photographs to estimate the edge. Using this area, came up with a unit density of 16.5 units. It may be that the actual project area could be slightly smaller, but there appears to be a lot of room to wiggle given that the proposed project is non -riparian, and is only ten units. I do not have the details of the association documents or covenants yet. Typically, these documents are prepared in preparation for final PUD approval in Monticello's staged PUD process — once preliminary approval has been given. Hopefully, you will find this information adequate to review and comment. The engineers are working with the applicants to develop an erosion and stormwater control plan, and the project should be proceeding in the City's May agenda cycle. Please call to let me know if you have any questions or comments I can respond to prior to the City's Planning Commission meeting on May 7. Thank you. Pc: Jeff O'Neill tail to lerivai Z �.nN-IVM 6. 7.lAdY. 07.0OW?_ 0 .6 r cJ .. E-7— _7 u kit zk 0,All 4, Kr PM 9L f. CJ I X0 7 dM— ,AIjo I. I c j]; c Z _snc) cj 20, "Or 0.0 q I)RIVEWAY 73-1: LMG N).0 Ct ' I fv c 14.5 0 U* f L w. N S." 20 o o09 ? I I "', "I ft: N, r (r :� c, lerivai Z �.nN-IVM 6. 7.lAdY. 07.0OW?_ 0 .6 r cJ .. E-7— _7 u kit zk 0,All 4, Kr PM 9L f. CJ I X0 7 dM— ,AIjo I. I c j]; c Z _snc) cj 20, "Or 0.0 q I)RIVEWAY 73-1: LMG N).0 Ct ' I fv c 14.5 U* }nule/I a .IV }nule/I a 4-11-02; 7:34AM;MN DNR S8Uk R8Q1(JS ;320 255 3999 4 2/ 19 CLUSTERTUD EVALUATION SHEET Part 1. DNR In-house Information: DNR Region and Area Number Region Area Checklist Preparer (Name) Date Prepared DNR PUD Approval Required?* Yes No Date of Field Inspection (DNR field inspection required when the PUD is subject to DNR approval) *In shoreland areas, DNR approval is required when the local unit of government has not yet adopted planned unit development (PUD) standards compliant with 1989 Minnesota Rules, Parts 6120.2500 - 6120.3900 for shoreland areas. DNR approval is required for all wild & scenic rivers planned cluster developments (PCD). This form does not apply to the Lower St. Croix Wild and Scenic Riverway Designation. Part 2. General Project Information: Project Name Is this a ShoreIand District PUD? Is this a Wild & Scenic River District PCD? Lake/Stream Involved (Include shoreland or wild & scenic rivers classification.) City & County The Project Proposal is for: New Development ' Resort Conversion Redevelopment of existing site x B-3.1 P� VW vA/k- X Yes No Yes No I�iiS� p 1 �► V� �r (Classification) HDV_k46 (City, if applicable) �kl (County'Number/Name) low, Roll I Nl iy4��d. IJ- qg - - - - - - - - - - Mir 40, 4-11-02; 7-34AM;MN DNR Sauk Rapids ;320 255 3999 # 3/ 19 Is the project one of the following: Yes No A "residential" PUD? Residential planned unit development means'a use where the nature of residency is nontransient and the major or primary focus of the development is not service- oriented. For example, residential apartments, manufactured home parks, townhouses, cooperatives, and full fee ownership residences would be considered as residential planned unit developments. Yes o A "commercial" PUD? Commercial planned unit developments are typically uses that provide transient, short-term lodging spaces, rooms, or parcels and their operations are essentially service-oriented. For example, hotel/motel accommodations, resorts, recreational vehicle and camping parks, and other primarily service- oriented activities are commercial planned unit developments. NOTE: An expansion to an existing commercial PUD involving 6 or less new dwelling units or sites since the date the community adopted land use regulations compliant with the revised shoreland PUD standards in Part 6120.3800 is permissible as a permitted use (under DNR's shoreland rules), -- provided the total project density does not exceed the density calculated in the project density evaluation calculations which follows in Part S. Yes )�No A combined "residential and commercial" PUD? For the purposes of this checklist, this is a development with a mixture of uses and a combination of residential/commercial dwelling units or sites. The total project acreage must be divided between the respective tables on page 6 for residential density analysis and page 8 for commercial density analysis. If a portion of the project area is set aside for a strictly commercial activity not involving dwelling units or dwelling sites (e.g., a proposed/existing marina, restaurants, etc.), then a portion of the lot must be excluded from the density evaluation noted in the preceding sentence - this would be an area equal to creating a hypothetical lot for these facilities such that all dimensional, sewage treatment and water supply, and performance standards could be satisfied assuming this development was standing on its own. B-3.2 L. Elp 4-11-02; 7:34AM;MN DNR Sauk Rapids ;320 255 3999 # 4/ 19 Yes No Conversion of a resort or other Iand use to a residential PUD? Resorts and other Iand uses may be converted to a residential PUD provided: 1) the proposed conversion has been initially evaluated in accordance with the criteria in Parts 5 and 6 which follow; and 2) remedial measures have been taken to correct project deficiencies as determined by the evaluation in Parts 5 and 6, all in accordance with Part 6120.3800, Subpart 5. (D) (See Attachment A, Part A). Yes No If this is a resort/other land conversion, have items 1 and 2 in the preceding paragraph been satisfied? This checklist is designed so that an affirmative answer to the following questions will indicate that the PUD proposal meets applicable DNR shoreland/wild and scenic rivers rules. If a question is not applicable to a given PUD proposal, then an "N/A" should be entered into the "Yes" column (with an explanation, if necessary). Part 3. Land Use District Compatibility: )� Yes No -)�Yes Is the proposed land use permissible in the applicable zoning district. No If this is a residential PUD in a Shoreiand District, does the development have at least 5 dwelling units or sites? If not, the proposal does not qualify as a residential PUD. -X Yes No If this is a shoreland PUD, is the community requiring a Conditional Use application? Part 4. Project Development Information: Have the following project development documents been provided: _> Yes No Documents that explain how the PUD will be designed and will function, as approved by the DNR/local unit of government (specify which of the following have been provided): i< A master plan/drawinv describing the project and the floor plan for all commercial structures to be occupied. B-3.3 4-11-02; 7:34AM;MN DNR SaUK RaQlas ;320 255 3999 # 5� 19 A property owners association agreement (for residential PUD's) with mandatory membership, and all in accordance with the requirements of Part 6120.3800, subpart 5. (C) (See Attachment A, Part B); and Deed restrictions, covenants per -M anent ease- ments or other instruments that: 1) properly address future vegetative and topographic alterations, construction of additional buildings, (uncontrolled) beaching of water- craft, and construction of commercial buildings in residential PUD's; and 2) ensure the long-term preservation and maintenance of open space (in accordance with the criteria and analysis specified in Part 6. A. of this checklist). Yes No A site plan and/or plat for the project showing locations of property boundaries, surface water features, existing and proposed structures and other facilities, Iand alterations, sewage treatment and water supply systems (where public systems will not be provided), and topographic contours at ten -foot intervals or less. When a PUD is a combined commercial and residential development, the site plan and/or plat must indicate and distinguish which buildings and -" portions of the project are residential, commercial or a combination of the two (see discussion on combined residential and commercial PUD's on page 2). NYes No The PUD applicant has satisfied all the necessary environmental assessment worksheet (EAW) or environmental impact statement (EIS) requirements. The DNR/local unit of government approval cannot occur until the environmental review process is complete. If an EAW/EIS is required, do not answer this question "Yes" unless the required environmental review process is complete. In accordance with A. -C. below, attach a map or drawing which shows: 1. how the project has been divided into tiers; and 2. those areas "unsuitable" for inclusion in the density calculation. A. In a shoreland district, divide the parcel into tiers by locating one or more lines approximately parallel to a line that identifies the ordinary high water level at the following intervals, proceeding landward: - 4-11-02; 7:34AM;MN DNR SauK R8Q10S ;320 255 3999 %t 6 19 SHORELAND TIER DIMENSIONS Unsewered Sewered *B. In a wild and scenic river district, determine the tier depth dimensions for all tiers by dividing the minimum lot size by the minimum lot width requirement (NOTE: Certain urban reaches of wild and scenic rivers are managed by use of shoreland provisions which will require identifying tier depths as specified in A. above). C. Calculate the "suitable area" for development within each tier, excluding all unsuitable areas such as wetlands, bluffs, land below the ordinary high water level of public waters, controlled access lot type areas**, -and the area set aside for commercial facilities not involving dwelling units or sites. This suitable area is then subjected to either the residential (subpart D below) or commercial (subpart E below) PUD density evaluation steps to arrive at an allowable number of dwelling units or sites. Include this suitable area figure in column 2 of the Residential PUD Table in subpart D or colump 4 of the Commercial PUD Table in subpart E, as appropriate. The total site acreage equals 2 Specify the total square feet/acreage of the site which is unsuitable due to: wetlands bluffs ; land below the ordinary high water level ; controlled access lot area or the area set aside for strictly commerical facilities * *See the discussion in Part 6. C. (4) of this checklist if it is desired to provide over -water mooring spaces for nonriparian residential lot owners. To do this, additional riparian open space area will have to be provided consistent with the controlled access lot sizing calculations in the shoreland rules and as explained in Attachment A, Part C. D. For residential PUD's, determine the allowable density by tier in accordance with Steps 1-3 below: 1. In a Shoreland District, divide the suitable area within each tier by the single residential lot size standard for lakes or, for rivers, the single residential lot width standard times the tier depth (unless the local unit of government has specified an alternative minimum lot size for rivers which shall then be used) to yield a base density of dwelling units or sites for each tier. Complete columns 2 and 3 in the Residential PUD Table on the following page; 2. In a wild and scenic river district, divide the suitable area within each tier by the single residential lot size. Complete columns 2 and 3 in the Residential PUD Table in subitem 3 which follows; and 3. Complete the remainder of the table on the following page to the degree necessary to determine final allowable project density. B-3.5 0 0 (feet) (feet) General development lakes -first tier 200 200 General development lakes -second and additional tiers 267 200 Recreational development lakes 267 2b7 Natural environment lakes 400 320 All river classes* 300 300 *B. In a wild and scenic river district, determine the tier depth dimensions for all tiers by dividing the minimum lot size by the minimum lot width requirement (NOTE: Certain urban reaches of wild and scenic rivers are managed by use of shoreland provisions which will require identifying tier depths as specified in A. above). C. Calculate the "suitable area" for development within each tier, excluding all unsuitable areas such as wetlands, bluffs, land below the ordinary high water level of public waters, controlled access lot type areas**, -and the area set aside for commercial facilities not involving dwelling units or sites. This suitable area is then subjected to either the residential (subpart D below) or commercial (subpart E below) PUD density evaluation steps to arrive at an allowable number of dwelling units or sites. Include this suitable area figure in column 2 of the Residential PUD Table in subpart D or colump 4 of the Commercial PUD Table in subpart E, as appropriate. The total site acreage equals 2 Specify the total square feet/acreage of the site which is unsuitable due to: wetlands bluffs ; land below the ordinary high water level ; controlled access lot area or the area set aside for strictly commerical facilities * *See the discussion in Part 6. C. (4) of this checklist if it is desired to provide over -water mooring spaces for nonriparian residential lot owners. To do this, additional riparian open space area will have to be provided consistent with the controlled access lot sizing calculations in the shoreland rules and as explained in Attachment A, Part C. D. For residential PUD's, determine the allowable density by tier in accordance with Steps 1-3 below: 1. In a Shoreland District, divide the suitable area within each tier by the single residential lot size standard for lakes or, for rivers, the single residential lot width standard times the tier depth (unless the local unit of government has specified an alternative minimum lot size for rivers which shall then be used) to yield a base density of dwelling units or sites for each tier. Complete columns 2 and 3 in the Residential PUD Table on the following page; 2. In a wild and scenic river district, divide the suitable area within each tier by the single residential lot size. Complete columns 2 and 3 in the Residential PUD Table in subitem 3 which follows; and 3. Complete the remainder of the table on the following page to the degree necessary to determine final allowable project density. B-3.5 0 0 4-11-025 7:34AM;MN DNR SaUK RaptCIS 320 255 3999 # 7/ 19 Column Totals 'Do not Include as suitable area any wetlands, bluffs, land below the ordinary high water level, any land designated as controlled ■ecess lot arca per fart 6, 5ubp. C or this checklist, or any land set aside for strictly commercial facilities. The total site acreage equals 2.(*, and give the total square feeUacreage of the site which is unsuitable due to: wetlands �; bluffs ; land below the ordinary high water level ;controlled access lot area ; or land for strictly commercial facilities "The density increase multiplier in this column can only be applied to the preceding column if the provisions of Subpart F. which follow are satisfied. "'Use this column only if allowable density is being transferred from a given tier to another tier farther back from the walerbody. Please note that density may not he transferred from a tier farther back to u tier closer to the waterbody. 4. Yes No The proposed project density is consistent with the Residential PUD Analysis Table. E. For commercial PUD's, determine the allowable density of dwelling units or sites by completing the Commercial PUD Analysis Table in item 2 on the next e. Complete the Commercial PUD Table, if necessary concurrently with the more detaile xplanation in item 1 below: 1. Density/base dwelling unit or dwelling site culation: a) Determine the average inside li 'ng area size (i.e., average unit floor area) of dwelling is or sites within each tier, including both existing a proposed units and sites. Computation of inside wing area sizes need not include decks, patios, stoops, stepX, garages, or porches and basements, unless they are stable space. Fill in column 2 of the table on the next p e. b) Selzt t appropriate Boor area ratio from the table included as chment B to this checklist and complete column 3 of the to e belov". 8-3.6 9 RESIDENTIAL PUD ANALYSIS I 2 3... . 4 .. .. S 6 7 8 9 Total Allowable Allowable Suitable Required Base Density: Density Density Total Cumulative Cumulative area/ lot size/ divide Column Increase with Density Density Density Tier sq. ft.* sq. It. 3 Into Column 2 Multiplier" Multiplier Proposed Allowed'•' Proposed'•• I 8Is,ZVO !2-1W01 7 /47.� /�•S J 2 37V A49 3 W !v ! o 3 3.0 4 10 S 3.0 Column Totals 'Do not Include as suitable area any wetlands, bluffs, land below the ordinary high water level, any land designated as controlled ■ecess lot arca per fart 6, 5ubp. C or this checklist, or any land set aside for strictly commercial facilities. The total site acreage equals 2.(*, and give the total square feeUacreage of the site which is unsuitable due to: wetlands �; bluffs ; land below the ordinary high water level ;controlled access lot area ; or land for strictly commercial facilities "The density increase multiplier in this column can only be applied to the preceding column if the provisions of Subpart F. which follow are satisfied. "'Use this column only if allowable density is being transferred from a given tier to another tier farther back from the walerbody. Please note that density may not he transferred from a tier farther back to u tier closer to the waterbody. 4. Yes No The proposed project density is consistent with the Residential PUD Analysis Table. E. For commercial PUD's, determine the allowable density of dwelling units or sites by completing the Commercial PUD Analysis Table in item 2 on the next e. Complete the Commercial PUD Table, if necessary concurrently with the more detaile xplanation in item 1 below: 1. Density/base dwelling unit or dwelling site culation: a) Determine the average inside li 'ng area size (i.e., average unit floor area) of dwelling is or sites within each tier, including both existing a proposed units and sites. Computation of inside wing area sizes need not include decks, patios, stoops, stepX, garages, or porches and basements, unless they are stable space. Fill in column 2 of the table on the next p e. b) Selzt t appropriate Boor area ratio from the table included as chment B to this checklist and complete column 3 of the to e belov". 8-3.6 9 4-11-02; 7:34AM:MN DNR SaUK RaoldS :320 255 3999 U 9/ 19 F. Yes No Densitv Increases Maximum density increases consistent with the density multiplier in the tables in subparts D and E above are permissible only when all of the design standards in Part 6 of this checklist are fully satisfied and one of the following provisions is satisfied. Yes No Part 6. Design and performance standards. The actual proposed structure setback(s) identified in Part 6. B. 5. c. of this checklist are equivalent to 150 percent of the minimum required structure structure setback; or The actual proposed structure setback(s) identified in Part 6. B. 5. c, of this checklist are 125 percent of the required structure -setback and the impact of reducing the structure setback from a 150 percent increase to a 125 percent increase is mitigated or reduced an equivalent amount through vegetative management, topography, or other methods acceptable to the local unit of government. All PUD's must meet the following design and performance standards prior to final approval by the DNR/responsible local unit of government: A. X Yes No Open Space Preservation and Management 1. At least 50 percent of the total project area s70 0 is preserved as open space and the following additional standards are met- a) Dwelling units or sites, road rights-of-way, or land covered by road surfaces, P parking / areas, or structures, except water -oriented accessory structures or facilities, are developed areas and are not included in the computation of minimum open space. b) Open space does not include commercial facilities or uses (but open space may contain: 1) water -oriented accessory structures or facilities consistent with Part 6120.3300, Subpart 3, (H) (See Attachment A, Part D.); or 2) outdoor i� 7 4-11-02; 7:34AM;MN DNR SaUK Rapids ;320 ZS5 3999 # 10/ 19 recreational facilities for use by owners or occupants of the dwelling units or sites, or the public). c) Open space includes areas with physical characteristics unsuitable for development in their natural state, and areas containing significant historic sites or unplatted cemeteries. d) The appearance of open space areas, including topography, vegetation, and' i Requa ed by use ofstrictivermanent semenlc ted' io and acceptance, other and permanent means. e) All required open space areas are clearly identified or described in all final project drawings/plats and related project documents. NOTE: Open space may include subsurface sewage treatment systems if the use of the space is restricted to avoid adverse impacts on the systems. 2. The shore impact zone (SIZ), based on normal structure setbacks, is included as open space subject to the following: a) Determine SIZ depth by multiplying the normal minimum building setback of 570 feet by one-half to give a shore impact zone depth .back from the ordinary high water level of feet; and b) Preserve the SIZ as open space as follows: -For new residential PUD's, at least 70 i gyp% percent of this SIZ area is preserved in its natural state. -For new commercial PUD's, at least 50 percent of this SIZ area is preserved in its existing or natural state. -For existing developments/conversions, at least 50 percent of this SIZ area is preserved in its natural or existing state. a-tt-02; 7:34AM;MN DNR SauK RapldS ;320 255 3999 B. _XYes No Centralization of Utilities and Structures, a) Minimum structure elevation above OHW* b) Maximum structure height c) Minimum structure setback from the OHW d) Minimum structure setback from top of bluff, if applicable 1. The PUD is connected to a publicly -owned sewer or water supply system, if available. 2. If publicly -owned utility systems are not available, the on-site water supply and sewage treatment systems are centralized and will meet j the applicable requirements of the State Department of Health or the Minnesota Pollution Control Agency, respectively. 3. The PUD applicant has either: 1)` received any required State Minnesota Pollution Control Agency (MPGA) permit for the sewage treatment system; or 2) the applicant has received a written statement from the MPCA indicating that it is likely that there will be no anticipated problems in issuing a.permit. 4. Sufficient lawn area free of limiting factors has been set aside for a replacement. soil treatment system for each sewage treatment system that is constructed. 5. For residential PUD's, all dwelling units or / sites are clustered into one or more groups on suitable sites and are designed and located to meet or exceed the following standards for the relevant shoreland or wild and scenic river district classification: st 11/ 19 1� )Percentage 2 () 3 of Requirement that required of local Actual by local ordinance Proposal ordinance 3 15 / N/A 25 i 1(0 N/A ,N;4- %O *Either state in number of feet or specify an elevation using a national geodetic vertical datum or assume' datum. "Divide column 2 by column 1 and multiply by 100. B-3.10 -T "a 4-11-o2; 7:34AM;MN DNR Sauk Rapids :32c 255 3999 t2 19 W C. Yes No Placement of Shore Recreation Facilities 1. All swimming areas, docks and watercraft mooring areas and launching ramps are centralized in suitable locations. 2. The number of spaces provided for continuous over -water mooring, beaching or docking of watercraft does not exceed one for each first tier residential or commercial dwelling unit or site allowable in the applicable table in Part 5. D. or E. Commercial PUD's can also include mooring sites authorized under a DNR protected water's permit for a commercial marina. Indicate the number of over -water spaces in this proposed development , and of this the number authorized under DNl'�permit for a commercial marina, (specify DNR Permit 3) Access to the lake or river for non -first tier property owners or for occupants of non -first tier commercial dwelling units or sites is provided only by a launching tamp. The launching ramp may include a small dock for the loading and unloading of equipment. 4) As an alternative to item 3 immediately above and for residential PUD's only, nonnpanan owners have been provided over -water mooring, beaching, or docking spaces in addition to those allowed for riparian first tier owners in item 2 immediately above. This is accomplished by providing additional "open space" in an amount (area) equal to the "controlled access lot" sizing requirements in the shoreland rules in Part 6120.3300, Subp. 2. E. (1) for the number of additional spaces proposed complete .the calculations in Attachment A, Part ). The additional open space also meets the following: a) A separate [controlled access "lot of record" has not been created subdivided, but: 1) the riparian area used for the controlled access lot sizing calculation has been clearly shown on the PUD drawings; and 2) the allowable project densities determined in Part 5. D. and E. have been redetermined to reflect the reduced riparian tier area now available for dwelling unit or dwelling site density calculations; B-3.11 :�Lk a . r -,w , - I' vw� ,>d UK Hap i as : 320 255 3999 = 13/ 19 b) This additional open space is treated consistent with the provisions of Part 6. A.1. a - e of this checklist; and c) If nonriparian dwelling units or sites are being provided with over -water mooring spaces, then indicate the total number of mooring spaces , and of this total the number for: 1) residential/commercial first tier dwelling units or sites ; 2) the number authorized under DNK permit for a commercial marina ; and 3) the number of spaces for non first tier/nonriparian residential dwelling units or sites calculated on Attachment A, Part C of this checklist. 5) All launching ramps and on -water mooring structures/facilities for residential uses, within the meaning of Minnesota Rules, Parts 6115.0170, Subp. 20; 6115.0210; and 6115.0211, shall be exempt from a DNR permit if: 1) approved as part of a PUD consistent with Parts 6120.2500-6120.3900; and 2) designed and constructed in accordance with the criteria of the applicable DNR agency rule cited in this subpart. D. Yes No Visibility. Structures, parking areas and other facilities will be treated to reduce visibility as viewed from the public water and adjacent shoreland. A specific plan/planning statement has been submitted by the applicant showing how this is to be accomplished by use of vegetation, topography, increased setbacks, color, or other means acceptable to the local unit of government/ DNR, assuming summer, leaf -on conditions. F_ Yes No Erosion Control and Stormwater Management. To prevent erosion: 1) If necessary, time restrictions have been specified that limit the length of time bare ground can be exposed. 2) Temporary ground covers, sediment entrapment facilities, vegetated buffer strips or other appropriate techniques will be. used to minimize erosion potential to surface waters. 3) If necessary because of special site conditions, an erosion control plan approved by the soil and water conservation district was required. E-3.12 T 4-11-uz; (::34AM:MN UNR SauK Haoias :320 255 3999 # 14/ 19 4) The project has been designed to effectively manage the quantity and quality of runoff. The project will not result in increased erosion, sedimentation or flood discharges or stages for runoff events up to and including the 100 -year frequency event. 5) Impervious surface within any tier does not exceed 25 percent of the tier area (except that 35 percent impervious surface coverage may be allowed in the first tier of general development lakes with approved storm water j management and vegetative control plans). F.1`' Yes No Accessory Structures: 1) All accessory structures and facilities, except those that are water -oriented, meet or exceed the normal structure setback standards. 2) Water -oriented accessory structures allowed within the normal building setback area are centralized and meet the standards in Parts 6120.3300, Subpart 3. B. (3) and 6120.3300, Subpart 3. (H) (See Attachment A, Part D). 8-3.13 no Council Agenda - 5/13/02 9. Consideration of a request by Marian Jameson for vacation/turnback of Old Territorial Road. (RW) A. REFERENCE AND BACKGROUND: With the recent closing of the Little Mountain Settlement, Marian Jameson and her family are trying to clear up a number of title issues relating to their property, including a request to have the former "Old Territorial Road" vacated. In the 1800's, a road existed from near Dahlheimer Distributing westerly through the current St. Benedicts/Catholic Church parcel and through Bob and Marian Jameson's property connecting to Washington Street. The road was known as the Old Territorial Road. In 1953, portions of the Old Territorial Road lying east of the Jameson property towards Dahlheimer Distributing was vacated by Monticello Township at the request of the property owners at that time. Apparently the Old Territorial Road had been turned back to Wright County and then to Monticello Township by the State of Minnesota, and that is why Monticello Township had vacated part of the road in 1953. For whatever reason, there has been no official record of the Territorial Road being vacated through the Jameson property and a portion of the road that comes off of Washington Street is the only access that the Jamesons had to their property. There has long been a question by the city staff as to whether any part of the Territorial Road that provided access to the Jameson property was really a public road and one that should be maintained by the City. The only purpose for the existing road is to provide access to the Jameson property and to provide a second entrance to the Busch property that also has an access off of Fallon Avenue. While the City has plowed snow and provided basic maintenance to that portion of the Territorial Road between Washington Street and the railroad tracks, there really is no other benefit to the City of having this as public road, if it really is considered a public road. The Jamesons had thought for years that the Territorial Road separating their property from the Catholic Church property had already been vacated years ago and they considered it to be their property. Now that they realize that it has never officially been vacated nor can the City find that it has ever been turned back by the State or the County to the City, their attorney, Brad Larson, has recommended that the Jamesons file a quiet title action with the District Court to have the courts declare who the owner of this strip of land should be. It is assumed by Mr. Larson and also city staff that a private property owner could not obtain clear title to the right-of-way by quiet title action and at best, the courts would simply provide an order that the property should be titled in the City of Monticello's name. The Jamesons are asking that if the City has no interest in developing this road in the future that the property be turned over to the Jamesons at no cost. As you know, when the City has vacated and sold platted streets within the City to private property owners, a value is established for the property rather than transferring free of charge. In situations where a street is vacated that was not part of the original plat, the City has not had the authority to Council Agenda - 5/13/02 charge any remuneration for the property, but this case would be a little different in that if the Jamesons proceed with a quiet title action, it is likely that the courts will give title to Old Territorial Road in the City of Monticello's name. This would allow us to actually sell the 1 1/2 acre parcel, although we could still continue to turn it over at no cost, assuming there is no public interest in keeping it as a road. The question remains, if the City is not opposed to turning over a majority of the Old Territorial Road to the Jamesons, why would the City want to continue maintaining and keeping any of the Territorial Road between the railroad tracks and Washington Street as a public road? It is my suggestion that if the Council determines not to charge the Jamesons for the right-of-way, and finds it is in the best interest of the public to technically vacate this right-of-way, the City should require as a condition of the transfer the understanding that the balance of Territorial Road between the Jameson property and Washington Street also be vacated and turned over to the Jamesons to use as their private driveway access to their property. A number of issues would still have to be resolved relating to a complete vacation of the entire Territorial Road as a public right-of-way in that we are not sure if there is any record that establishes the exact location of Territorial Road north of the railroad tracks and whether it was established as part of the original Territorial Road by the State of Minnesota or whether it was redirected to its current location by an easement from the property owner (School District) or exactly it got located where it is. As I noted earlier, the City has continued to maintain and snowplow between Washington Street and the railroad tracks because we are not sure as to whether this is actually the Territorial Road or should be considered a driveway access to the Busch and Jameson property. A condition of any action to vacate in the future this portion of Territorial Road would have to be contingent upon ensuring an easement or some other documented proof exists that the Jamesons to have access to Washington Street. This would likely involve discussions with the School District, which could be a requirement of the Jamesons before the City would agree to vacate the entire road. Before the Jamesons proceed with additional legal costs through the quiet title process, they are interested in knowing whether the City will oppose the vacation or elimination of the Old Territorial Road, and if we do not oppose it, is the City willing to turn over the title to the property at no cost to the Jamesons? It is their opinion that if it becomes too costly, they would simply sell the remainder of their property and let a new owner deal with the Territorial Road issue when they develop in the future. B. ALTERNATIVE ACTIONS: 1. The Council could indicate support to allow legal action to proceed by the Jamesons to request a vacation or termination of the Old Territorial Road right-of-way, including the entire right-of-way to Washington Street, with the understanding that the City would turn over all property rights in the old right-of-way to Jamesons at no cost. 2. The Council could indicate support for vacating or terminating the Old Territorial Road lying 2 Council Agenda - 5/13/02 south of the railroad tracks and turning the property over to the Jamesons at no cost with that portion of Territorial Road lying north of the railroad track remaining as public right-of- way between the railroad tracks and Washington Street. 3. The Council could indicate support for vacation of the Territorial Road lying south of the railroad tracks, but agreeing to transfer title to the property only upon the Jamesons paying fair market value for the 1 1/2 acre parcel. C. STAFF RECOMMENDATION: This Territorial Road issue has long been discussed and debated by the city staff and has been very difficult to determine whether the Territorial Road was ever turned back to the local jurisdictions by the State and what should be or should not be considered a public road today. Since the entire road that remains at this time seems to be benefitting only one or possibly two property owners, it is recommended that if the Council is agreeable to supporting elimination of the right-of-way and turning the property over to the Jamesons at no additional costs, it is recommended by the City Administrator and Public Works Director that the entire Territorial Road out to Washington Street also be turned back to a private driveway and be maintained by the property that benefits from this access. By doing so, the City would no longer have to do any type of maintenance to this road, including snowplowing or would ever be responsible for the railroad crossing should repairs be needed. If there is no reason to keep the balance of the Territorial Road as a public right-of-way, there is certainly no need to keep this first section either. On the other hand, if the Council desires to charge fair market value for the right-of-way that is turned back to the Jamesons, the City could afford to keep maintaining the first section of Territorial Road that is near Washington Street. D. SUPPORTING DATA: February 5 and April 291h letter from Brad Larson, Jameson's attorney Survey of Jameson parcel Section of city map depicting Territorial Road in question Metcalf, Larson, Muth, & Fleming P.C. ATTORNEYS AT LAW 313 West Broadway Bradley V. Larson P.O. Box 446 Sally B. Nelson — Paralegal Steven J. Muth Monticello, MN 55362-0446 Ray O.Vrolson — Paralegal James B. Fleming' Telephone: (763) 295-3232 James G. Metcalf, of Counsel February 5 2002 Fax: (763) 295-3132 (1975-1995)Email: LawOffice@MLMF.com Dennis E. Dalen Olson, Usset & Weingarden, PLLP Suite 300 4500 Park Glen Road Minneapolis, MN 55416 Re: Jameson Property Dear Dennis: I would like to take this opportunity to communicate with you after Jeff, Fred, and I believe you, met with Marion Jameson and her daughter, Suzanne Kramer, on January 24, 2002, regarding the potential uses of their property which was formerly known as the Little Mountain Settlement Property. This piece of property is approximately seven (7) acres. I enclose a photocopy of a March 24, 2000, survey prepared by Taylor Surveyors for your perusal. The property is bounded on the south by the railroad right-of-way and on the north by the Old Territorial Road/St. Henry's and St. Benedict's property. An intriguing set of circumstances has arisen with regard to the legal status of the Old Territorial Road. Bob and Marion Jameson purchased the property from Wilbur Daniels in 1965. The Daniels purchased the property from Jeanette Sebey who was the surviving spouse of Carl Sebey, an attorney practicing in Monticello who had unexpectedly passed away. I enclose a copy of the 1960 deed from Sebey to Daniels with its references regarding the Territorial Road. When Jamesons acquired the property in 1965 they undertook to investigate the status of the Territorial Road. Many years later Marion Jameson was able to obtain from Monticello Township a certified copy of a 1953 resolution vacating the Territorial Road right-of-way. At some point in time after 1953 this part of Monticello Township came within the city limits of the Monticello municipal entity. In June 2000, a copy of the 1953 vacating resolution was certified and filed by Monticello Township with the Wright County Recorder as the vacation had never been previously of record. I herewith enclose a copy of that recorded resolution deed. At this point in time it would appear that Monticello Township has no further legal jurisdiction over the road. The anomaly that occurred however, was that the road was not vacated its full traveled distance. If you look at a copy of the Monticello City map, of which I enclose a blown up portion, and trace through the vacation legal description you will see that it falls short of even hitting the Jameson property. The actual vacation commenced in * Admitted to practice in Minnesota and Nebraska. Dennis E. Dalen February 5, 2002 Page Two Section 13 and went for a distance of ninety (90) yards then deflected northwesterly for another forty (40) yards to "the easterly line of the Southwest Quarter of the Southwest Quarter Section 12, Township 121, Range 25." I believe that St. Henry's Church, St. Benedict's, the Jamesons, and Mr. and Mrs. Busch have been under the impression for many years that the Territorial Road had been completely vacated to that point where it intersects with the railroad right-of-way near Washington Street. When St. Henry's and St. Benedict's constructed their improvements and surveying was done none of the Territorial Road right-of-way or description was included within their parcels. In doing some planning with Mr. and Mrs. Jameson and their family we came to realize that although the Territorial Road right-of-way was not recognized as being owned by any other adjoining land owners the Jamesons, for the past thirty-five (3 5) plus years have so occupied it and made improvements upon it, it being their belief that it was part of their homestead premises. Once ownership of the Territorial Road became clouded we obtained from the church diocese a Quit Claim Deed to the road right-of-way. Regarding Mr. and Mrs. Merrill Busch who are contiguous owners to the Jameson parcel to the west, there has been a jointly utilized drive servicing both the Jameson and Busch parcel as well as the maintenance by Buschs and their predecessors in title of a historic stone fence that all thought encroached. In the interest of a amicable solution between the Buschs and Jamesons, we had a sixty-six (66) foot right-of-way easement described by surveyor Taylor and we have granted one another reciprocal easements because the historic driveway had meandered back and forth across the historic common boundary line. The easement language also recites that it is not the desire nor intent to cause removal of the historic stone fence. At your meeting with Marion and Sue on January 24, 2002, their general line of inquiry, at my urging, was the potential uses of the Jameson parcel, as a sale is being contemplated in the near future. There are currently no pending purchase agreements nor is the property listed. We were concerned about access to their parcel off of Washington Street with regard to the status of the Old Territorial Road as it is reflected on City maps. It was their impression that the City of Monticello really did not, at that time, have a handle what the respective rights and responsibilities regarding the Territorial Road were. Our quandary is as follows: 1. Upon the Annexation or incorporation of that part of the Township Dennis E. Dalen February 5, 2002 Page Three into the City of Monticello that encompassed that portion of the Old Territorial Road that we are referencing, is the fee still in the Territory of the State of Minnesota? 2. Does Monticello Township retain any jurisdiction over the road or did it relinquish any elements of control through the merger/annexation? 3. Assuming that Jamesons nor Busch cannot adversely possess against a municipal entity whether it be the Territory of Minnesota, the State of Minnesota, the Township of Monticello or the City of Monticello, what is the posture of the City with regard to incorporating the right- of-way in a potential development given the utilization of Jamesons (and the acquiescence of that use by their neighbors) of the Territorial Road right-of-way? I don't believe that my initiation of a quiet title proceeding without first initiating a discussion towards a possible resolution is appropriate and therefor I wanted to communicate with you. Please give this some thought and get back to me at your convenience. By copy of this letter I will also notify Rick Wolfsteller. Thank you in advance for your considerations in this matter. I would look forward to working with you. Respectfully, METCALF, LARSON, MUTH & FLEMING, P.C. By: BWad4r<Larson BVL/hrb Enclos e cc: I City of Monticello, Attn: Rick Wolfsteller Marion Jameson Suzanne Kramer Metcalf, Larson, Muth, & Fleming, P.C. ATTORNEYS AT LAW 3 l 3 West Broadway Bradley V. Larson PO. Box 446 Sally B. Nelson — Paralegal Steven J. Muth Monticello, MN 55362-0446 Ray O.Vrolson — Paralegal James B. Fleming' Telephone: (763) 295-3232 James G. Metcalf, of Counsel April 29, 2002 Fax: (763) 295-3132 (1975-1995) Email: LawOffice@MLMF.com City of Monticello Attn: Rick Wolfsteller, City Administrator 505 Walnut Street Monticello, MN 55362 Re: Robert & Marion Jameson Property/Old Territorial Road Dear Rick.- This ick: This letter will confirm our conversation of this morning wherein I provided you with a copy of the Church of St. Henry plat/survey done by Dennis Taylor, a copy of the Taylor survey dated March 24, 2000, showing the Jameson property and the Old Territorial Road, and various copies of recorded deeds. As you will recall I confirmed that Jamesons have obtained Quit Claim Deeds that would extinguish any claim of interest on behalf of Malones and St. Henry's with regard to Old Territorial Road as it is platted East and West. This part of Old Territorial Road has never been vacated. I indicated to you that the Jamesons will be going forward on a quiet title proceeding to extinguish the title of the State of Minnesota, Territory of Minnesota, Wright County and Monticello Township. As you know Jamesons have used the property extensively for many years but as they cannot adversely possess against a municipal entity ultimately I would anticipate a court order quieting title in the City of Monticello. As we discussed the northwesterly -southeasterly course of the Old Territorial Road from Washington Street to St. Henry's property to the south has the same title status, ie unvacated. It is, however, reflected on current city maps as a public right-of- way. It would be our intent to create "good will" with the City of Monticello when we quiet the title in the east -west course of the Old Territorial Road in the City by simply adding an additional legal description for the Northwesterly -Southeasterly course of the road from Washington Street to St. Henry's property. It is my understanding that you will have surveyor Taylor create and provide to me a legal description for the appropriate road parcels to preserve the City's interest and access. At the conclusion of the quiet title proceeding it would be Jameson's desire to purchase the East-West former Old Territorial Road right-of-way from the City which contains approximately 1.5 acres to be * Admitted to practice in Minnesota and Nebraska Rick Wolfsteller April 29, 2002 Page Two added to the historical Jameson homesite. If you have any questions or wish to clarify this understanding. Thank you for your considerations. Respectfully, METCALF, LARSON, MUTH & FLEMING, P.C. V. 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Council Agenda - 05/13/2002 10. Consideration of resolution prohibiting parking along CSAH 75 from Chestnut Street to Otter Creek Road, Citv Proiect No. 2000-16C. (J.S.) A. REFERENCE AND BACKGROUND: Wright County has requested that the City of Monticello pass a resolution prohibiting parking on that section of CSAR 75 from Chestnut Street to Otter Creek Road. This section of highway will be widened to allow for bypass lanes and turn lanes in the area of the Pinewood School entrance which is being realigned to line up with Willow Street. There will not be enough paved shoulder left on CSAH 75 in this area to safely allow parking. Wright County needs this resolution so that they may complete their design work and send the plans to Minnesota State Aid Department for approval. Enclosed is a copy of the proposed resolution as drafted by WS13 & Associates, Inc. B. ALTERNATIVE ACTIONS: 1. The first alternative would be to adopt the resolution as outlined above and enclosed for your review. 2. The second alternative would be not to adopt the resolution as drafted. C. STAFF RECOMMENDATION: It is the recommendation of the City Administrator, City Engineer and the Public Works Director that the City Council approve the resolution as drafted and outlined in alternative #I - D. SUPPORTING DATA: Copy of resolution. Fin. B 5-892.241 STATE AID MANUAL July 15, 1998 RESOLUTION RELATING TO PARKING RESTRICTIONS ON S.A. P. 86-675-14 from Otter Creek to Washinqton Street in the City of Monticello Minnesota. WHEREAS, THIS RESOLUTION was passed this 22nd day of April , 19 2002 , by the City of Monticello in Wriqht County, Minnesota. The Municipal corporation shall hereinafter be called the "City", WITNESSETH: WHEREAS, the "City", has planned the improvement of Broadway State Aid Route No. 75 from Otter Creek to Washinqton Street in the City of Monticello , Minnesota; and WHEREAS, the "City" will be expending Municipal Street Aid Funds on the improvements of this Street; and WHEREAS, this improvement does not provide adequate width for parking on both sides of the street; and approval of the proposed construction as a Municipal State Aid Street project must therefore be conditioned upon certain parking restrictions. NOW, THEREFORE, IT IS HEREBY RESOLVED: That the "City" shall ban the parking of motor vehicles on CSAH 75 from Otter Creek Road to Chestnut Street at all times. Dated this 22nd day of ATTEST: City of Monticello City Clerk April , 2002. Minnesota. BY Mayor C AW INDOW S\ZEMP\resltn prkng restrictions dotwpd Council Agenda - 05/13/2002 11. Consideration of approval of plans and specifications for Groveland 3" Addition and authorization to advertise for bids,. (J.S.) A. REFERENCE AND BACKGROUND: At a previous meeting the City Council approved the Feasibility Study and authorized the City Engineer to prepare plans and specs for the Groveland 3rd Addition. The City Engineer has completed the plans and specifications and City staff will be reviewing those documents on Monday, May 13, 2002, and will voice any concerns if there are any at that time. Mike Nielsen will be presenting the plans and specs to the City Council Monday night. Assuming the necessary deposits from the developer are in place to pay for the cost of plans and specifications and advertisement for bids should the project not go ahead, there should be no reason why we can't advertise for bids. Jeff or Rick should be able to let us know Monday evening if all of those documents and deposits are in place. B. ALTERNATIVE ACTIONS: The first alternative after reviewing the plans and specifications and guarantees from the developer would be to authorize the City Engineer to advertise forbids for the Grove]and 3rd Addition project. `�-�.e� ., l�r 2. The second alternative would be not to advertise for bids for the 3rd addition pending changes to the plans and specifications or guarantees from the developer. C. STAFF RECOMMENDATION: Staffwithholds its recommendation until Monday evening's meeting when we have had a chance to review the plans and specifications ourselves and determine whether or not the deposits are in place from the developer. D. SUPPORTING DATA: None. Plans and specifications will be presented at the meeting. Council Agenda - 05/13/2002 12. Consideration of holding workshop for the purpose of development of assessment policy for street and utility reconstruction for upcoming proiects. (J.S.) A. REFERENCE AND BACKGROUND.: City staff and council have discussed our proposed assessment policies during several meetings, workshops and budget sessions. Other than selecting an option for the Cedar Street reconstruction project adjoining the Mielke property, no formal policy has been drafted. City staff feels it is necessary to meet again to determine how these upcoming projects will be assessed. We often get requests for searches for possible assessments when property changes hands and we are unable to give them an answer other than a proj ect is coming in the future and a portion of the work will be assessed. We feel it is important to lay the framework for a plan that we can get in writing that will at least get us started on the 200)projects. We all know that the money recently put aside by the City Council for street reconstruction will need to continue to grow before we can reasonably reduce the direct cost of reconstruction to the adjoining property, but we need to get started with our reconstruction next year. The City Engineer will update the cost data regarding future projects and will have it available around the 21"or 22"d of May. Consequently, we would like to hold a workshop on the afternoon or early evening of May 23, 2002, which is a Thursday. B. ALTERNATIVE ACTIONS: 1. The first alternative would be to set a workshop for the purpose of developing an assessment policy for upcoming projects and to hold the workshop on May 23, 2002, at 5 p.m. in the City Council Chambers.�q� y uti , �® �. { � s- ft --8 2. The second alternative would be to conduct a workshop but at a different date. 3. The third alternative would be not to have a workshop regarding the assessment policy. D. STAFF RECOMMENDATION.: It is the recommendation of City staff consisting of the City Administrator, City Engineer and the Public Works Director that the City Council opt for alternative # 1 and schedule a workshop for the purpose of developing a formal assessment policy on Thursday, May 23, 2002, at 5 p.m. E. SUPPORTING DATA: None. MINUTE,S S11ECIA1, N1F,ETIN(► - NIONTICEIL1,0 CITY COl1N('1L April 17, 2001 - 5 p.m. Members P1'Csellt: Ro(,cr Belsaas. RoOcr Carlson. Clint I lerbst �Illd Bruce Thicicn. Members Absent: I Hall Stumpf Staff Present: City Administrator. Rick: WOlfstC11Cl". Deputy City Administrator..Ieft' O'Neill. Public Works I:)irector. John Silllola and Cit\' Bret `Velss. The special Illectlno was called to order at 5 p.m. A gLI01'L1111 Of the COLI1lCll Was prCSCllt. The purpose of the special meetillo N as to discuss and formulate an assessment policy for street and utility reconstruction projects. City Enuineer. Bret Weiss submitted a list of the projects that the Cite \\'011ld need to consider doin(I \\-lthin the next ten years. These projCCtS 1nCILlde: Reconstruction of "core' streets and related unlit\ repairs C SAI 175 CSAR 18 interchange (partial) Fallon AVCIlLIC Overpass 7"' Street 'Alidenilh) Cedar Strut J'he City Enuineer and City Administrator met \ylth Officials 11'om the Citi' of Minnetonka re��ardin( tllell- "110 assessment' 1)OI1C\' 101" i'CCOnStI'L1Ct1O11 111'OjectS and llow it was set LII). Bret Weiss then presented Information oil mo assessment optlolls: 1. No Assessment - Under this option the cost of reconStrLICtion of emstin) infrastructures \\011ld be done through City fundin` SOLINCS. Bret Weiss pointed out however. that new Or expanded development \\ ould be assessed at full cast. I fa Street \vas reconstructed and Curb and (—'llttel' NVaS \01C1'C no curb and S?LlttCl' existed previously. the full cost oftlle curb and `llttcl- \VOLlld be assessed. Also LlndCr this option any IIIA-)rov,Cmcnts initiated by a developer vy'ould be fully assessed. ?. 75% Assessment - This option vv'ould asSCSS 25"� Of the Cost ol'a rCConStruction project and the rcmalmno 75%) of the Cost the Cit\ \VOuld fund. Since at least 20% of cost was hcmoassessed. it \\ould allo\\ the Clt\ to bond for the rCnlaillin`-) costs. Based on the estimated costs oftlle projects hein`g, considered. the City would be lookIlIL) at a $1.700.000 per year cxpcnditLurc or if state aid 11111dS al -C inCludcd $1.500.000 per year. l l' the City used the 25`%, assessment option_ thCV NVOLIld still need to levy ,$1.125.000 per year. The C OLII1Cil diSCLISSed the ligurCS Submitted by the City Administrator showing the tax impact for propertiCS ol' various VaILICS i f the City was to raise an additional $1.500.00 her year through taxes to Coyer the Cost of tllC reconstruction projects. 011C of the issues discussed was il'the C'lty \\Cnt a no assessment policy Could the hrojcctS be dCILIVCCI lentil Such time as Suff icicllt hinds \vere collected through the t,lx lCVV to fund the hrojcctS. It \%aS pointed out that the carllCSt all ' alllOLlntS Could he lcvICd \VOUId he in ` 002). The general lectin Of tllC COLI11C11 and staff \vas that some of these projects \.V0Llld need to he started shortly and therefore the City did not }lave Cnou211 time to build up a fund to use 101' 1111a11Clllg theSC 1)1_0*CC S. Another option the COUIICII discussed \vas to assess a portion of the cost of the project (at least 20% to allow - the City to bond) and ICVV the amount needed for debt scr\-,icc. It \vas generally thOLl�(llt that the taxpayer \.-ould be more hostile to this since they \vere not only being assessed but \sere also having their taxes increased to coyer the iIII provenlcrlt. It N as stated that when a property ONvIler is assessed fol' the Cost of the Improvement he has some idea of the Value Of tllC lIII provement. I f the City levies an amount for all properties. the value Of the improvement to the property owner is not quite so obvious. Clint I Icrbst felt that City ShOUld set up tllelr ])OIICy SO that Some money NNIas being generated noNv that NVOUld be going into a fund for reconstl'UCtion projects. 11' initially the City bonded to cover the cost of the projects. the property Owner Could see on his taxes all assessment.(iftile Cite (-,Oes the 251%O assessment option) the cost of -the debt service and a surcharge or cost that \a-oUld be Used to establish the rCCOnStrLICIIOII fund. Going this route would aIIONV COIlStrLlCtloll 011 the pl'O]ects to start earlier since the City could bond for the projects and it would still put in place the means to establish and build a fund to handle future reConstruction projects. Clint I-Icrbst felt that since it NVOuld take a number of }ears to build Up the reconstruction fund. the bonding process «VOLI]d Stijl allow projects to take place as tile,,- \vcre needed. Roger Belsaas felt that there Should be some assessments but that the shouldn't distract the City from `(Ctting the perpetual reconstruction fund established. -I-hC ConsensLlS N as that assessments NVOLIld be a part of the City's policy on reConstruction projects, and thele was SoIlle dISCLISSIOII on whether the assessments would ]List be InitlalIV Llntll thCrC was a good field balance in the reconstruction fund Or Nyhcther the assessments WOUld always be a part of any I'CC011St1'LIClloll 1)1'0jCCt. hublic Works Director- John Sinlola felt that if yOLI start a policy of' assessing a portion of the cost that I)OI ICN' Should remain throughout. Since the Cite already charges SAC\\%AC charges and al -Ca trllllk charges. the Cite does need to make: an effort to make clear to property owners and developers \,vhat these charges are and the need for the levy increase in order for the Cite to be able to fund reconstruction prO.ICCts. The COUnCII agreed that the City WOUId have to do a good job of explaining the LISSCSSIllCIIt hollCy to the public. Rogcr Belsaas asked about the Current delft load and hoNv Soon there \could be significant redUCtloll In debt service. Cite Administrator. Rick \,Vollsteller replied that therc�would not be any significant declille in the richt Service until ?O1 i. The COLInCII discussed the various pro_jccts proposed and seemed to feel that the CNtellSion of 7"' Street and the Cedar Street projects Would most like]-\- be ones that would he started this year. C'omparin` the Cedar Street 1)1'OJCCt to 1'CCOI1Stl'LICtI011 Of' tile C'ity-s core street. the quCStiorl Callle up if the street N\ idth \\ as expanded how is that cost handled. In the Case of Cedar Street bCCaLISC rile street \vidth is being increased to accommodate development. the cost of' the difference between \,\ hat the existing width is and \,\ hat the final xvidth ofthe street IS VVOLI]d be assessed I00`%. The Council 10, also determined that uniyuC ]Catures. i.e. turn land. dl-k.Cvyays. NVOLIld be as,,esscd 1 UU`%,. BrCt \Vciss \\111 101-111alize. all aSSCS,';IllCIlt PoliQ;' f()1- St1-CCt I-CCOnStrllC6011 hascd 011: 011 Cy .S' ruc t 1'C'cl)17.51 rucl ion cc).S is lo he C1.S'SCI S'S(W (."ll/Ill. 1'cco1 so-1lcll m COS, /O he f1117C1e(I hj' ('jly - 17O1 l.:y/)Clnsions or enhc117cc me'71.S' 01'er 11 -hu/ is exi lino 117// he c1.S'se.S'.Sc(l / iiiiur�. f)C'IVIOPmel71 1771/1alecl inq)1'l)1'C'177C'nls us.vesse(/ l i OYO. Dc'h/ .S'ervice cos/s' fin, recO17.51ruclion pr(?1ecls levicel. `hklilic)nul lei'v C1111011171 ll) C'.S'/Uh/i.S'17�f1117C1 fll/1I1 C' .S'll'C'N/ 1"C'cl)17,5'//'1/C'/IU11 p1"nJc'c1.S'. The special nlecting closed at 6 p.m. 171) Recording Secretary - 1Q MINUTES SPECIAL MEETING - MONTICELLO CITY COUNCIL BUDGET WOIZKSHOP Tuesday, November 13, 2001 - 5:30 p.m. Members Present: Roger Bclsaas, Roger Carlson, Clint Herbst, Brian Stumpf and Bruce Thielen. Members Absent: None 1. Call to Order. Mayor Belsaas called the meeting to order at 5:30 p.m. 1 -he purpose of the meeting \Aias to discuss the 2002 budget and levy amount. Don Smith from the Monticello Times was present to address the issue of the cost of printing the council minutes and bills in the Monticello Times. He had submitted a letter- to the Council several weeks ago urging the Council not to eliminate publication of the minutes. He came back with a proposal that could save the City some money on their publication costs. I -Ie noted that the City Council minutes are e-mailed to the Times which saves labor costs since the minutes do not have to be re -keyed and therefore he could offer the City a discount. He provided some information on year to date publication costs for the City and hoNN that compared to 2000. He is proposing to apply a 20% discount to the minutes portion and if the bills could be e-mailed. the discount N ould apply to that as well. Roger Belsaas asked whether the discount would apply to public hearing notices. Don Smith replied that those are required notices and they are usually on a deadline with the notices but he thought that may be something could be done in that area. It was noted that the full minutes are not required to be published only a summary and it is not required to publish the bills. The general feeling was that the minutes should be published in their entirety but there was some question if the readers paid much attention to the bills. Brian Stumpf felt that since the Times was makino a good faith effort to help the City keep the cost down. the City should continue with the publication of the minutes and the bills. RoUer- Belsaas suggested that the City continue publishin as they have done and evaluate the savings periodically. 2. Review of Preliminary 2002 Budget and Tax Leve. City Administrator. Ricl< Wolfsteller provided some additional budget information. Since the first budget workshop the City has learned that the City's levy limit is lower than originally anticipated (from $6.540,335 to $6,498.079). There was some other changes that he noted as well. Brian StUmpf questioned whether the HRA was providino matching funds for the City's budgeted amount for industrial land acquisition. Rick Wolfsteller indicated that initially the I -IRA had matched funds but he was not sure 110W much had been set aside. 011ie Koropchak indicated that she believed there was about $150.000 set aside by the I -IRA. "hhe City had set aside $265.000. 1 Q_ Special Meetin(,-I3udoet - 1 1 /13/01 Rick Wolfsteller explained his concern that the Street Reconstruction Fund, based on the CLlrrent bud�()et would only be about '/2 of what they thou(ht it would be. Initially it was hoped that the $500,000 be set aside for reconstruction. The CLlrrent btido ct would have $250,000 foi- startino the Street Reconstruction Fund. It was noted that even at generating $500.000 a year for the Street Reconstruction Fund, it would take 2-3 years to accumulate sufficient monies to fund a street reconstruction project Nvithout bonding for it. Rick Wolfsteller noted that the engineer had estimated $7,000.000 worth of street reconstruction work so the City should be setting aside $750,000 to $1,000.000 a year. John Simola questioned whether the $7,000,000 was still an accurate f�bure. John Simola explained that the "core" streets did not have a Class V base so the blacktop would have to be ground up and used as Class V or Class V would have to be hauled in. John Simola stated that there was no way because of the way these streets were constructed that you could overlay the "core" streets. Outside the "core' area the streets were of conventional design and they could be overlayed. John Simola noted that getting the core streets done is difficult because there are always other priorities that delay this project. Rick Wolfsteller felt that saving up excess funds Would not generate en0u0h funds to `et the project start and felt that bondinQ process NN-ould have to be utilized. Bruce Thielen asked about equipment bonds. Rick Wolfsteller indicated that although the City hadn't used these before. it was an option but he believed that it may not be any more cost effective than a general obligation bond. The Council asked about using monies from other funds. It was noted that the seNver fiend has about $2.500.000. John Simola indicated that there are two wastewater treatment projects coming up So the City would need funds for that. In addition. the City has to loot: at the Fallon Avenue and the County Road 18 interchano e projects. The City couldn't borrow money for this Lidless it was done by referendum. Rick Wolfsteller reviewed information on annual tax levy requirements if the City bonded for the street projects. The Council discussed the industrial land acquisition. 011ie Koropchak indicated that the Rain Dance and Construction Five TIF funds could be reserved for industrial development in the future. Jeff O'Neill indicated that the City has existing industrial property (i.e. Renlnlle property and Outlot A. Country Club Manor) that could be sold or traded to accomplish land acquisition. Roger Belsaas didn't feel money should be taken from the industrial land acquisition reserve but he was comfortable not funding it for 2002. Rick Wolfsteller SUM)ested that possibly $300.000 could be taken fi-om the sewer access fund Nv11iC11 has a balance of $2.600.000. John Simola stated that the River Street sewer line replacement would have to come from that fund. Clint Herbst stated that he didn't mind borroN ino 1-1,om other funds as long as the City had a plan to pay it back. It was pointed out that at this time the Cite still does not have an assessment policy for street reconstruction projects. l he Council i'e\%le\�1-ed the MCC expcllditures especially for capital outlaN;S. $30,000 Was budoeted for landscaping Nvork. The Public Works Departillent could do some of the work which le;� Special McetinL)-Bud(et - 1 1/] 3/0 1 would result in a loWer cost but it. would mean shiftin( Public Works personnel from other tasks. $3,500 was bud(eted for a washer/dryer for washin) staff uniforms. It was telt the staff could to their own laundry and that could be cut. It was noted that there was no maintenance fund set up where the}/ could budoct for replacing of items suc11 as carpeting, lockers and resurfacing of the parking lot. Park Improvements - .John Simola noted that the Park Department bud()et had been trimmed already. In reviewing the park budget, the consensus of the Council was the Community Center part: development budgeted at $30,000 could be deferred. Bruce Thielen felt some money should be set aside for some landscaping for the MCC park. There was also discussion of Pioneer Park shelter. It was noted the higher cost for the shelter was because it was required to have bathrooms added since it was a structure where food preparation would take place. John Simola felt this should be looked at by the Parks Commission. Bruce Thielen also suested the City consider renting warmin�o houses for the skatin�o areas rather than building them. The Council also discussed the $8.000 budgeted fol- the Information Centel- 1111provenlents and whether any of the improvements could be done at the same time as the CSAI-I 75 project. 011ie Korpochak suoOested that City defer the improvements to Information Center until they see what happens on the other side of the street. It was su(gested that since the ISTEA project costs are comine from other holds. the City could spread the payment of these funds back over a greater number of years. The Council questioned the $20,000 bud()eted for suns for the Community Center. Kitty Baltos explained that it covered a sign and reader board to be located at 5 '/2 Street and raised lettering for on the building itself. The reader board would be similar to what is at the library. The Council recommended cutting the folloNving items from the Community Center: Washer & Dry $ 3.500 Office space $12,000 Dishwasher -Catering Kitchen $ 3.500 Reduce building signs $ 5.000 $24.000 $12.000 of the $24.000 cut N ould be put back as a maintenance fund for the Con1111unity Center to help fund replacements of Items Such as carpeting, etc. Rick Wolfsteller su(Mested leaving the levy for debt as it is. The street reconstruction fund amount is based on: $250.000 Levy amount $ 75.000 Not budget Industrial land acquisition $ 12,000 Cut from MCC budget $ 87.000 '/2 of ISTEA bud()et $424.000 Special Meeting -Budget - l 1/l3/01 Using the above funds plus approximately $80,000 from other funds_ would give the City an estimated $500,000 for the strcct reconstruction fund. The Council discussed reconstruction plans. Initially the idea vvas to split the City into four quarters doing one quarter at a time. Rick Wollstcller stated that the City will likely be borrowing to cover the CSAH 75 project, Ccdar Street, 7"' Street and Walnut Street. The City's share of these projects would be about $500.000. .101111 S11110la would like to start the reconstruction wort: in the southwest quarter in the area of 6"' Street. The City could possibly include West 7"' Street as part of this. .John Simola Nvill work on a more formalized plan to be submitted to the Council. The revised budget will be brouOht back to the Council at the December illeetino. 3. Adjourn. The budget workshop Nvas adjourned at 6:45 p.m. Recording Secretary .99 71 o 0 � N N. N' N } c) a a -CAN• 6N�• • 6c, f� O U z z z C00 z z z C�3 6f} 6r9 Goq w Www 0 A �. �G4 G4 � w ti cn vii. IT W w www � 59 •' II �, v1 to cn to to rn 66 O r� oo W W W W W E-- IL-4 Hcn O hE-. p � � sg A te. Ok'000 j+ OOM r--4 w Fi d d 0 000 O � 1-0 tn C14 a a a O o<�000 ° ca �T4In cz"o 'n w� ;r4p �I apo �° CC 1 �v 00 �+w�>� ���H� z� Goel II U U U U �cn "" 0000 00000 �� C/I� o000 oa000. G C4 � � d CD b o O >ro -3o n LI Ci H G �J7 r 0 o rr n r b7 rr (D r* N H ri F. o J r r N to m m Ln r 0 ? > n •• n b o N G 0 .< a o UO N; r- (D o > o t" > n I- 10 o n 3 ; m O CO ro n co cu m � o z Ul x Cl. 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The purpose is "retain IibLISIneSS. The BRE Plan. as written. is as follows: Members of the Monticello Industrial Development Committee (IDC) workin-in cooperation with the Director of Economic Development will meet with the industrial business leaders of Monticello. The meeting known as Business Retention and Expansion Visits must instill a sense of value to the business. As a public relations visit, it is an opportunity for an exchange of information between the industrial business and the community. The bltsineSs will be briefed on current community activities, be provided a package of resource information, and be asked to suggest ways the community and the city can better serve the needs of their business and employees. The goal is to visit at least t�yo industries per month. The suggested length of time for visit is approximately one-half hour. Information gathered will be reported at the following monthly IDC meeting and IOrwarded to the City Council. IDC Chair Dick Van Allen and myself made the third BRE visit on April 26, 2002, to Polycast Specialties. Inc. Attached is a summary of the visit and a letter dated May 23. 2002, to Polycast outlining the follow-through to their questions or concerns. John Glomski, Planning Technician, has corresponded with Roy Schulz of Polycast relative to setback requirements for installation of a chain link fence, trees, and flag poles and noted the city would keep an eye on the potential of over -grown weeds this season. The Public Works Director has yet to be informed of the comment relative to excess speed of delivery trucks along Dundas Road. The Ovvo-way web site linkage between the city and Polycast has been implemented. City Engineer Bret Weiss watt requested to address the comment that the pond to the rear of the property would be filled-in but has not occurred. The Council may question if the following concerns have been completed by the City Engineer: 1. Has the Citv Engineer Consultant corresponded with Polycast relative to the status of the pond and was the pond to be filled-in? If so, at who's expense'.' 2. Has the City Engineer Consultant looked into the safety/hazard concern identified at the intersection of East Chelsea/Cedar and Highway 25, made the necessary adjustments, and responded to Rainbow Enterprises`' 13RE FOIIOW-up May 28. 2002 Pauc 2 3. Has City Engineer Consultant Bret Weiss advised Rainbow of building expansion options given the on-site drainage pond located to the north of their building`' Thank V011. City Council. fol- your assistance. BRE VISIT SCHEDULE AND WRITTEN SUMMARY FOR,tiI IDC MEMBER INDUSTRY Name Van Allen/Koronchak Name Polvcast Specialties. Inc. Phone Primary Contact Rov Schulz FAX Phone 763-271-6600 E -Mail E -Mail roy cvpolvcastspecialties.com Mailing Address Location 112 Dundas Road FAX 763-271-6612 Web wvwiv.nolycastsr)ecialties.com Date of Visit Aril 26, 2002 Time of Visit 9:30 a.m. Summary of Visit: Rov was concerned about the vacant buildings in Monticello: H -Window. Right Choice. Fav Mar, and of most recent Lake Tool. Van Allen/Koropchak informed Polvcast that the vacancies resulted from buy-out of businesses and the decline in the economy. The buildings are beim` marketed and have been shown several times. 2. Polycast has an interest to install a six-foot chain link fence around the back and side perimeter of the lot as a safety and liability measure and to protect the trees along the north side from snowmobiles and ATVs. Are there any requirements`? He was informed by the City Engineer Consultant that the pond in the rear of the property would be filled- in but has not Occurred. John Glomski, please inform Polvcast. 3. Polycast plans to plant trees along or near the boulevard of Dundas Road and install flag pelts for the American and ISO 9000 flayos. Are there any requirei-netits" John Glomski, please inform Polycast. 4. Polycast noted that the lot lying to the immediate west consist of o,,,-er-`frown weeds. Can the City keep an eye on this and send a blight notice to the owner if necessary`? John Glomski, please note this to Polycast. �. Polycast was concerned abOut the excess speed of traffic (delivery trucks) along Dundas lzo�ld where cmployccs 6. Polycast expressed their appreciation of the helpfulness given by Gary Anderson. BUlidint Official. during P(_)lycast*s construction period. 7 Polycast reduced their employment by 7 to 12 during the economic down -turn and recently hired 2 new employees. Their employees come from Buffalo, Maple Lake, St. Cloud, Elk River, and Becker areas, not Monticello. 8. Polycast recently received ISO 9000 certification. 9. Polycast agreed to be linked to the city web site. Polycast Specialties Inc. April 26, 2002 IDC Visit RoN Schultz visit made with 011ie horopchak Roy was concerned %% ith the recent vacancies including H -Windows, Fay Mar, Right Choice and as of this morning the for sale sign posted in front of Lake Tool. Business has been affected by the economic downturn, although at this time Polycast is holding steadv. Layoffs total about 7 —9 primarily those operators who ran apart for a long-standing customer who moved to another vendor in Ohio. Current emphasis is to produce parts that do not require an outside vendor for subcontracted parts. Polycast is currently working on a series of parts that should have a very positive impact on their business. Polvcast has become ISO 900o certified within the past three weeks and is waiting for their award flag for the consulting company. While not particularly enthused, Roy did agree to have his company web site linked from the City of Monticello web site. Ray reports that Gary Anderson was particularly helpful during the construction Phase posing, questions of things to consider (things Roy thought her would never have thought of) and potential answers without suggesting vendors. Rov is taking action in some areas that ultimately may have some zoning / ordinance implications; • Polycast is planning to install a six-foot high chain lint: fence around the back yard to reduce :33/' and snowmobile traffic. Snowmobiles in particular are using small hills to jump over the ornamental trees on Polycast land causing sonic tree damage. (Safety and liability issue) V • Ponding, — Roy advised by Brett Wiese that city had changes its mind about the pond and city would till in the pond. It has never happened. • Neighboring lot becomes over grown with weeds each year and is never taken care of by the neighbor. • Speeding — concern for safety of some other companies employees who walk along the roadwav and the fact that vehicles, including trucks are not observing the speed limit. • Ray is planning to add a row of trees along the front of the property in line with the trees on the adjacent Excel Energy proper•tv. MONTICELLO Roy Schultz Polycast Specialties. Inc. 112 Dundas Road Monticello, MN 55362 Re: BRE Visit Follow-up. Dear Roy: Mav 23. 2002 Thant: you for taking the time to visit with Dick Van Allen and myself on April 26, 2002. The purpose of the visit is simply "to retain the local industrial business" through the exchange of information betwec;n the indUstrlal bLISiness and the comn1L1111ty. Attached is a written SLim111ary of the visit with Polycast Specialties. The summary was on the IDC a(yenda of May 16. The summary and suggested follow-up will be forwarded to the Citv Colll1C11 on May 28, 2002. Follow -Lip: The two-way web site linka`e bet%veen Polycast Specialties (manufacturers) and the Citv web sites has been implemented. This to provide potential new employment with a resr�ur C f -'(-)r 'tlforillation abllllt the City. I he City's web -site is www.ci.nlonticello. nln.Lis. �. John Clloniskl. Planning Technician. has responded to yoLlr answers relative to regU1I'elllentS for installation of a chain link fence, trees, and flag poles. 3. Tlie Building Officials will keep an eve on the potential ofoyer-grown weeds on the vacant lilt directly to the west and the Public Works Director will be notified of yoLir comment aboLit the excess speed of delivery trucks along Dundas Road, r 4. l'lhc Cit, Eno ineer CollSUltant was requested to address your comment that the pond to the rear of your property WOUld be tilled -in but has not occurred. Monticello City Hall, 505 Walnut Street, Suite 1. Monticello, MN 55362-8831 - (763) 295-2711 - Fax: (763) 295-4404 Office of Public Works, 909 Golf Course Rd., Monticello, MN 55362 - (763) 295-3170 - Fax: (763) 271-3272 Mr. Schulz May 23, 2002 A follow-through plan is in-place to assure; Polycast Specialties receives a response or follow- through to your questions. Again, thank you Ior your time. Should you have further questions or comments; please contact me at 763-271-3208 or o.>llie.kc.>rol)chal. u?ci.montiCello.mn.us Sincerely, CITY OF MONTICI LLO 011ie Koropchak Director of Economic Development Enclosures c: City Council File 7 C1, e4�� A 13 4R7VA(Yenda - ---)/Hf/02 Consideration of Executive Director's Report - 011ie Koropchak. a) Riverwalk Project - The City Council approved entering into the Contract for Private Development among I Tans I lagen Homes. the City, and the HRA on April 22. 2002. The enygineers C011WILlc to work out the details on the relocation of Front Street. The final plat should be at the Planning Commission in .June. WSB will work on behalf of the HRA to complete the finished pad site in order- to close on the property by at least June 21. 2002. Hagen F Ionics has the abstracts for preparation of the closing. The Parks Commission has been inlormed of their role to seed or sod the Carlson property in September. Attached is a letter to the DNR from .Leff O'Neill noting the hearing scheduled for May 13 at the City Council meeting. Planner Grittman doesn't foresee a problem. Administrator Wolfsteller and myself made a decision given the concerns of the DNR not to have the Fire Department use the property as a test burn. A local citizen with experience in home restoration is interested in purchase if the house remains in tack and a lot is available. b) Landmark Square - You probably noticed contamination cleanup is under way this week. Barry is Out of town until April 29. In talking with Lotus Realty. Barry has applied for the sign -off from the MPCA. Bjorklund and Fluth's target date for closing is next week (April 29). City consultants and staff met with the project architect and owner on Mav 9 relative to site plan revisions. Upon receiving the completed, revised site plans will a building permit be issued.. A copy of the executed joint parking aureenlellt anlung property owners was submitted to the HRA. c) T. J. Martin - Received $2.500 TIF deficiency payment for TIF District No. 1-21. The Lake Tool building (T. J. Martin) is on the market. A local industrial company who now leases is looking to purchase the property. Lake Tool would lease back a small portion ofthe 10,000 sq It facility. d) Marketing Committee - Continental Bunch and Golf Outing - Mav 16. 10:30 a.m. Get your reservations in. Mailed about 65 invitations. 25 -yes and -no and 6 breakfast 011ly. e) Industrial Banquet - The Chamber is holding the banquet early this year. Tuesday. June 11 at the Monte klub. Norm Coleman will be the speaker again this year. f) Scattered Flouring project - Mark Ruff has been given the go ahead to establish TIF District No. 1-30. Sherri Harris is working with the last of five property owners. Project includes 11 homes at a selling price of between $100.000 to $1 '15.000. The HRA determined TIF assistance In the amount Of $125,000 up -front monies and waived the deposit. (3) UNIC - A proposal Was submitted April 15 w-hich included maximizing TIF pay-as- ytltl-•(-lO assistance fill' held wrlte-dov,7n. The company Manufactures medical and aviation parts. Project consists ol' 00.000 sq ft building and 10 acres land. Contractor Olson General Contractors. 100 plLlti )obs at excellent wages and berlehts. As of May 8. 95% committed to Monticello. 11) Prodt1CtiOn StZ1111p111`' - A proposal was submitted April 15 which included Illaximizing TIF pav-as-you-g0 assistance for land write-doNvii. Project consists of 60.000 sq ft building and 7 acres land. Contractor -The Kinghorn Group. No decicion.. Update — Citizen complaint regarding landscaping at Eagle Crest Townhome project. At the Planning Commission meeting on 5/7.02 a resident of the Eagle Crest Townhome development expressed his view that the developer was not adhering to the landscape plan approved by the City. Fred Patch reported to me that the developer has completed the approved landscaping plan. Apparently the confusion or disappointment in landscaping at the development arises from the presence of another plan showing additional trees. This earlier rendition of the landscaping plan was shown to some of the buyers prior to purchase and may have been represented as an approved plan. This plan is also in the City files but was not the plan that was ultimately approved. Therefore, this matter appears to be between the developer/realtor and the people that bought the homes. It also should be noted that some of the landscaping and native grasses that were properly installed by the developer may have been destroyed by an overzealous homeowner on a riding lawnmower. In sum, in this case it appears that the developer has met obligations with regards to city requirements for landscape plantings. Problems or missed expectations that home owners may have in our view is a civil matter between developer and home owners. Fred Patch will be available at the meeting to discuss this situation further if so desired by the City Council