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City Council Agenda Packet 04-08-2002
AGENDA REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, April 8, 2002 - 7 p.m. Mayor: Roger Belsaas Council Members: Clint Herbst, Brian Stumpf, Roger Carlson, Bruce Thielen 1. Call to order and Pledge of Allegiance 2. Approve minutes of March 25, 2002 regular Council meeting. 3. Consideration of adding items to the agenda. e .. A. f o u N � ; r �-� w —1;, /tATr>–. 6 -a�f i) ee, c -t a ,j e r B. �a j W ato r S'T C'Pt(, V up 4. Citizens comments/ etiYions, requests, and complaints. p q p 5. Consent agenda. A. Consideration of ratifying new hires for the Community Center. B. Consideration of approving concept stage, development stage planned unit development; and consideration of approval of a conditional use permit allowing an auto body facility and associated storage. Applicant: Progressive Development and Construction Company/Shawn Weinand. C. Consideration of granting a license to LSW Properties allowing private use of the Marvin Road right-of-way. D. Consideration of approving a one day charitable gambling license for the Monticello Country Club. E. Consideration of "reestablishing" precinct boundaries following state redistricting. F. Consideration of authorizing purchase of wine rack shelving for liquor store expansion. G. Consideration of a request for a conditional use permit for development stage planned unit development and preliminary plat approval allowing commercial condominiums in the I-1 A Zoning District. Applicant: Allied Properties & Management, LLC. H. Consideration of authorizing City Engineer to conduct feasibility study on extension of utilities to proposed Bruggeman Homes new site. I. Consideration of special home occupation permit allowing a salon in the R-2 residential district. Applicant: David Gassler. J. Consideration of holding public hearing for CSAH 75 Improvements, Project No. 2000-16C including discussion of costs and possible assessment policies. Agenda Monticello City Council April 8, 2002 Page 2 nn �I` K Consideration of accepting bids for sewer rehabilitation project (Part of Project No. 2000-16C). L. Consideration of approving Dundas Road property sale to Danner trucking. 6. Consideration of items removed from the consent agenda for discussion. 7. Consideration of supporting development of ice arena facility via contribution of land and reduction in City fees. 8. Consideration of adopting amendments to the Zoning Ordinance relating to single family residential lot and development standards. Applicant: City of Monticello. 9. Consideration of ordering feasibility report, accepting feasibility report and authorizing preparation of plans and specifications for Groveland rd Addition, Project 2002-02C.O/ J 10. Approve payment of bills for April. d�v' 11. Adjourn MINUTES REGULAR MEETING- MONTICELLO CITY COUNCIL Monday, March 25, 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 Pledge 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 March 11. 2002 regular council meeting. ROGER CARLSON MOVED TO APPROVE THE MINUTES OF THE MARCH 11, 2002 REGULAR COUNCIL MEETING. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of adding items to the agenda. Public Works Director, John Simola added discussion of Junk Amnesty Day and fee increases to cover disposal costs to the agenda. Roger Carlson added an update on the Parks Commission discussion of the ATV ordinance. Rick Wolfsteller had additional information about the Vine Street Project which was included with agenda item 97. 4. Citizen comments/petitions, requests and complaints. None. 5. Consent Agenda A. Consideration of ratifying new hire for Water Department position. Recommendation: Ratify the hiring of Daniel Jones for position of Water/Sewer Collection operator and to re- advertize to fill the second vacancy in the department. B. Consideration of approving a temporary on -sale liquor license for Ducks Unlimited Banquet and Riverfest. Applicant: Monticello Lions Club Recommendation: Approve the issuance of a temporary on sale liquor license for Riverfest and the Ducks Unlimited Banquet and a set up license for the Ducks Unlimited Banquet. 1 I. Council Minutes - 3/25/02 C. Consideration of appointment to Advisory Committee for TH 25 expansion from Buffalo to Monticello. Recommendation: Appoint a representative to serve on the TH 25 Advisory Committee. D. Consideration of extending time frame for approving residential design standards to April 8, 2002. Recommendation: Approve extending time frame for residential design standards to April 8, 2002. E. Consideration of establishing Senior Housing as a conditional use in a PS District (Public/Semi Public District) Recommendation: Amend zoning ordinance to add Senior Housing and associated conditions to the list of conditional uses in the P/S District based on the finding that establishment of this use and associated conditions is consistent with the character and neighborhoods adjacent to P/S Districts. Ord Amd #371. F. Consideration of approving concept stage, development stage planned unit development; and consideration of approval of a conditional use permit allowing an auto body facility and associated storage. Applicant: Progressive Development and Construction Company/Shawn Weinand. Recommendation: Approve the concept and development stage PUD subject to the following conditions: 1. A two-way circulation route be provided in the parking area west of the Lot 1 building 2. Plantings be added at the perimeter of the proposed Lot I building. 3. Cross parking and access easements are established and recorded with Lot 1, Block 1 to serve future Outlot B development. 4. All off-street parking supply requirements of the Ordinance are satisfied including parking associated with future development upon OUtIot B. 5. Trash handling and recycling equipment shall be stored within or attached to the principal buildings. 6. 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 lighting plan. Such certification shall occur prior to a certificate of occupancy being issued. 7. Outside storage at the location identified shall be allowed with proper landscaping and screening. 8. Applicable signage requirements of the Ordinance are satisfied. 9. A license is issued to allow the encroachment of an off street parking area within the Marvin Road right-of-way. 10. The City Engineer provide comment and recommendation in regard to access, grading, drainage and utility issues. 11. Building area summaries for Lot 1 provided on the site plan are revised to be consistent. 12. 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 cnly from Marvin road. z 2 Council Minutes - 3/25/02 The above proposal is consistent with the Comprehensive Plan, is compatible with existing land uses in the area, satisfies the provisions of the Zoning Ordinance and is consistent with the City's use of Planned Unit Development. G. Consideration of granting a license to LSW Properties allowing private use of the Marvin Road right-of-way. Recommendation: Grant approval of license agreement allowing private use of Marvin Road subject to completion of conditions noted by the City Attorney as follows: 1. The license area agreement should be described via a specific legal description. 2. Exhibit B should be placed into final form. 3. Adjoining property owners with lots that only have access via Marvin Road should be on record as supporting the License Agreement. H. Consideration of authorizing purchase of Joint Fire Department utility truck. Recommendation: Authorize the Joint Fire Board to proceed with purchasing replacement truck and equipment for the mini pumper at a cost not to exceed $44,094.30. I. Consideration of change to Riverside Cemetery Rules and Regulations regarding the thickness of flat markers. Recommendation: Approve a change in Section 9.3 of the Cemetery Rules and Regulations specifying a minimum thickness for markers of 4". Mayor Belsaas pulled item #5C for discussion. Fred Patch noted that items 5F and 5G should be pulled at the request of the developer and tabled. BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH ITEMS 5C, 5F AND 5G REMOVED FROM THE CONSENT AGENDA. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. BRIAN STUMPF MOVED TO TABLE ITEMS 5F AND 5G. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent auenda for discussion. Item 5C is a request from the Minnesota Department of Transportation to have an elected official appointed to serve on the TH 25 Advisory Committee. After discussion, Bruce Thielen offered to serve on the committee and Clint Herbst indicated he would be an alternate if Bruce Thielen could not make the meetings. ROGER CARLSON MOVED TO APPROVE ITEM 5C WITH BRUCE THIELEN SERVING ON THE TH 25 ADVISORY COMMITTEE. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Council Minutes - 3/25/02 Because of the high costs for disposal, Public Works Director, John Simola brought up for discussion a change in the fees charged for disposal of items on Junk Amnesty Day. Currently the City does not charge for the first 3 appliances. They would like to change this and charge a $5 minimum for the first 3 appliances. Computers are an item that is difficult to dispose of. It is proposed to charge $5/per unit (hardrive, monitor, printer) to defray the cost of transporting them to the county for disposal. It is also proposed to put a $5 charge on television sets and to charge the same for disposal of chairs, sofas, mattresses. Roger Belsaas asked whether they would be charging $5 on the first three items and then $15 on all items after that or whether they charge actual cost after the third item. CLINT HERBST MOVED TO APPROVE A NEW FEE SCHEDULE AS OUTLINED BY PUBLIC WORKS DIRECTOR, JOHN SIMOLA FOR DISPOSAL COSTS FOR ITEMS COLLECTED ON JUNK AMNESTY DAY. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 7. Consideration of development staize planned unit development and preliminary plat for Vine Place Townhomes. Applicant: Front Porch Associates/Mike Cyr. Building Official, Fred Patch provided the background for the agenda item and updated the Council on the action taken by the Planning Commission at their special meeting on this item on March 25, 2002 at 6 p.m. Fred Patch stated that concerns regarding the private street access and width, building separation, alley width and setbacks had been resolved. He indicated that one issue that came up at the special meeting was a sharp curve in the alignment of the alley and whether that would impact a number of units. The developer indicated that he would be willing to look at realigning the alley to reduce the sharpness of the curve. The issue of the right-of-way of Vine Street was discussed. Ron Ruff feels he has ownership rights to half the Vine Street right-of-way. The 6,900 square feet of right-of-way is needed for the development so the right-of-way issue needs to be resolved before the development can proceed. The Planning Commission approved alternative #1 with contingencies A, B and C and added D which stated the City of Monticello will sell to the developer that portion of Vine Street right-of-way extending south of West 6th Street within the defined project area. Clint Herbst asked about the private drive and whether the City should be concerned about snow storage. Mike Cyr indicated that it was their intent to blow the snow into the yards. Snow removal would be the responsibility of the homeowner's association. Roger Belsaas asked whether staff would have an opportunity to review and comment on the association by-laws and development covenants. Fred Patch indicated that the City gets a copy but they are not involved in reviewing them. There was a brief discussion on problems with covenants changing before the development was fully developed. John Simola noted that the setbacks from 6 '/2 th Street which is a public street do not conform to the ordinance. Mike Cyr questioned why this issue came up now when it had not been brought up Council Minutes - 3/25/02 during staff discussions over the past six months. Fred Patch concurred that this was not addressed by staff. John Simola felt that if the setback requirements applied to other projects, it should apply here as well. Mike Cyr felt since they were putting traffic on private roads the setback requirements were not as important. Rick Wolfsteller brought up the Vine Street right-of-way and the City Attorney's recommendation that the City should not offer a guarantee as to good title. It is likely to take a couple of months to get this issue resolved going through the legal process. Mike Cyr reviewed the history of this development project. He noted that the right-of-way encroachment by Ruff Auto is a major concern to him . He is unable to get title insurance and for that reason he asking that the City guarantee to clear up all issues in order to get good title. Clint Herbst stated that while he could understand Mike Cyr's frustration, the City concurred with the recommendation of the City Attorney. Fred Patch noted that the sale of the right-of-way to the developer should be transacted prior to approval of the planned unit development and the preliminary plat. Randy Ruff spoke stating he had not yet seen a survey of the area of the encroachment which he has requested. He indicated that he cannot determine what has to be done until he knows the area of the encroachment. Mike Cyr indicated that for a length of 200 feet it is on the average 34 feet beyond where it should be. There was discussion on the number of vehicles that would have to be moved from the area of encroachment. Brian Stumpf asked that if there was some compensation set by negotiations between Randy Ruff and Mike Cyr would the City contribute to it. Bruce Thielen stated he did not believe the City should be paying someone to vacate property that the City owns. Rick Wolfsteller pointed out that on Wednesday the HRA would be looking at some alteration to the final finance plan. Clint Herbst questioned how much support the City should provide to develop what is essentially bare land. Rick Wolfsteller noted that the right-of-way cost would be lowered from $83,000 to $75,000 which would be contribution of $8,000 by the City. Randy Ruff asked about the alignment of 6 1/2 Street. Roger Belsaas indicated that 6 1/2 Street would be going through to Elm Street although its exact alignment is still to be determined. Randy Ruff stated in the future his plan is to work off that side of the lot and he didn't want to lose any property. Bruce Thielen reminded hien that he is not losing property since it belongs to the City but rather that he has had an opportunity to use the property without charge for all these years. Randy Ruff stated that he has asked for documentation showing that the City owns the land but has not received anything. It was pointed out that the City does not is generally not given a deed or abstract for each piece of right-of-way that they own. Brian Stumpf stated that there was some basis for where the fence was placed as being the property line. Bruce Thielen noted there are frequent mistakes on lot line locations. Mayor Belsaas felt that Randy Ruff and Mike Cyr should continue to work at settling the issues. It was suggested that someone from the City sit down and mediate the discussion. Mayor Belsaas and Rick Wolfsteller will do so. BRUCE THIELEN MOVED TO APPROVE THE PRELIMINARY PLAT AND GRANT DEVELOPMENT STAGE APPROVAL OF THE VINE PLACE TOWNHOME PROJECT 5 Council Minutes --3/25/02 CONTINGENT UPON THE FOLLOWING: a. Final review of the landscaping plan by the City Planner b. Final review of engineer plans by the City Engineer. C. Final review of the architectural design by the City Planner. d. The City's sale to the developer of the portion of Vine Street right-of-way lying south of West 6t" Street within the defined project area. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. A tentative meeting between Mike Cyr, Randy Ruff, Roger Belsaas and Rick Wolfsteller was set for Wednesday afternoon at 1 p.m. at City Hall.. 8. Public Hearing - Consideration to approve a resolution adopting the modified Redevelopment Plan for Central Monticello redevelopment Proiect No. 1; and establishing within Central Monticello Redevelopment Project No. 1 TIF District No. 1-29 and adopting the related TIF Plan therefor. 011ie Koropchak stated that the City is asked to hold the public hearing and adopt the resolution establishing a housing district for the Vine Place Townhomes. She noted the contingency regarding the sale of the right-of-way needs to be added to the resolution. 011ie Koropchak summarized what is required of the City in setting up this district and noted that the TIF districts covers only 18 of the townhome units. 011ie Koropchak stated the City has met all the statute requirements but added that the state auditor is looking at the "but for findings" in establishing TIF districts. The selling price for the units is $169,900. With TIF assistance the rate of return is 8.5 without TIF assistance the rate of return is 3.5 Mayor Belsaas opened the public hearing. There was no one present who spoke for or against the proposed development. Mayor Belsaas then closed the public hearing. BRUCE THIELEN MOVED TO APPROVE A RESOLUTION ADOPTING THE MODIFIED REDEVELOPMENT PLAN FOR CENTRAL MONTICELLO REDEVELOPMENT PROJECT NO. I AND ESTABLISHING WITHIN THE CENTRAL MONTICELLO REDEVELOPMENT PROJECT NO. I TIF DISTRICT NO. 1-29 AND ADOPTING THE RELATED TIF PLAN THEREFOR CONTINGENT UPON THE CITY OF MONTICELLO SALE TO THE DEVELOPER OF THAT PORTION OF THE VINE STREET RIGHT-OF-WAY LYING SOUTH OF WEST 6T11 STREET WITHIN THE PROJECT AREA. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 9. Consideration to approve entering into a Contract for Private Development among the HRA, the Citv and Front Porch Associates, LTD. 011ie Koropchak summarized this item adding that the City is asked to approve entering into the 6 Council Minutes - 3/25/02 contract because the City agreed to vacate and convey the street right-of-way. On Wednesday night the HRA is considering total assistance of $220,00 which is $57,000 more than approved previously because development costs for the project had increased. Initially $58,000 of right-of-way cost was going to be covered by TIF assistance now all of the right-of-way cost will be covered. The TIF district is designated for 15 years of assistance even though the life of the district is 25 years. The contingency on the sale of the right-of-way should be added to the contract language. CLINT HERBST MOVED TO APPROVE ENTERING INTO THE CONTRACT FOR PRIVATE DEVELOPMENT AMONG THE HRA, THE CITY AND FRONT PORCH ASSOCIATES, LTD CONTINGENT UPON THE CITY'S SALE TO THE DEVELOPER OF THE PORTION OF VINE STREET RIGHT-OF-WAY LYING SOUTH OF WEST 6TH STREET WITHIN THE DEFINED PROJECT AREA. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 10. Consideration of landscaped medians with the County State Aid Hiahwav No. 75 improvements. Landscaping for the medians was discussed. The Council questioned whether any grass was going to be planted in the medians. Becky Hauschild from WSB stated that the grass was more difficult to maintain and was more labor intensive because of the mowing. The plantings were designed to be a weather hardy mixture of trees and shrubs. No irrigation system for the plantings was being proposed. The Council discussed whether water shouldn't be stubbed to the medians. Becky Hauschild will check on the cost of running the stubs in. Bruce Thielen stated he would like to see a two year guarantee on the plantings instead of the one year proposed. BRUCE THIELEN MOVED TO APPROVE THE LANDSCAPED MEDIANS AS ILLUSTRATED AND AUTHORIZE WSB & ASSOCIATES INC. AND NORTHWEST ASSOCIATED CONSULTANTS TO PROCEED WITH THE FINAL DESIGN WITH THE ADDITION OF INSTALLING WATER STUBS AND ADDING A TWO YEAR GUARANTEE ON THE PLANTINGS. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Other Items: Roger Carlson reported that the ATV ordinance was discussed at the Parks Commission meeting. The Parks Commission will be setting up a committee to review this. Under the present ordinance ATV's are not allowed to operate on city trails or right-of-way. The committee will be looking at whether an area should be designated for their use. Brian Stumpf indicated that he would be willing to serve on the committee as a representative from the Police Commission. Clint Herbst brought up a memo received from Tom Salkowski the Administrator for the MOAA Board. The Council discussed the upcoming rezoning request by Gary Schluender to zone the property to Utes " 1251 Cozen 2 cil ,N2in estion u ' sidential - The e MO AA is s ace and re osition that till members area as °pen e Council s p g the C°Unci ting the City this th lan sh°ws atteis' It is aced that if anynot be represeRoger ensue p these m sttimpf st would eeting- th it s compreh esentation °i' nt Brian tiZen but they AA Board m issues raised in e e C ywanted repr of a participa ci O OLS riVate neicial' Th ity a p anon at the ould be given to coral e C City is n so t whether the Lild do e no represen was City and the they co re b that resp°nse s not a valid mend the meeting ed that the ed t only fished to att ce �hiejen m° was not i,equiY bu `'`' t a motion RCS' u Council. Bed tha Ls FORMA SLelsaasstat MarchOF��� B1L D 0-4 ;�IMUJ memo of Ols for P AYMO� CX RRI� CIA t OVE IOC MOTI 'YO APpR MOT 10 IA.. LLQ MOv� SECO �D�D EC R g40 R�C� LSO� B OGVY- CAR P M• CLI AT . • Urn• 2 • ) o Mov�P TO RI-D 04R�A� 1 �1� Cp,R C� ��IELMO�101� B Mo'Y101 TjA secretary Rec°riling P 1�1 Council Agenda - 4/8/02 5A. Consideration of approving new hires and departures for the Communitv Center. (RW) A. REFERENCE AND BACKGROUND: The Council is asked to ratify the hiring of new employees that have occurred recently at the community center. 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 as identified on the attached list. C. SUPPORTING DATA: Lists of new part-time employees. NEW EMPLOYEES Name Title Department Hire Date Class David Christian Custodian MCC 3/12/02 PT Kellie Curtis Program Instructor MCC 3/11/02 PT TERMINATING EMPLOYEES Name Reason Department Last Day Class Erica Coffey voluntary MCC 2/25/02 PT Shari Noll voluntary MCC 2/18/02 PT Kelli Reder voluntary MCC 3/18/02 PT employee council list.xls: 03/28/2002 5 k City Council Agenda - 04/08/02 5B. Consideration of approvin4 concept stage, development staize planned unit development; and consideration of approval of a conditional use permit allowing an auto body facility_ and associated storai4e. Applicant: Progressive Develop_ ment and Construction Company/Shawn Weinand. (JO) REFERENCE AND BACKGROUND At the previous meeting of the City Council this item was withdrawn from the agenda to address a few concerns brought forward by staff and to address concern express by Milton Olson. Essentially the site plan was not supported by Olson because the parking lot design did not allow for two way access along Marvin Road. Subsequent to the last meeting, Weinand has redesigned Marvin Road by creating a 28' wide two-way drive. This change should satisfy Milt Olson's Concerns. The site also shows a two-way drive/parking lot along Chelsea Road as requested by the Planning Commission. Please note that due to proximity of a high power line along Marvin Road to the east wall of the building, there may be a need to make additional small adjustments to the site plan. In the event that adjustments are significant or result in the need for a variance, the Development Stage PUD will be returned to the Planning Commission and City Council for further review. Please note that installation of sanitary sewer and storm sewer force mains will be completed in conjunction with this project to avoid the future expense of tearing up drive areas to install these utilities later. The project will include an agreement that the property owner will be responsible for repairing drive areas in the event that repairs are needed to city force mains in the future. ALTERNATIVE ACTIONS 1. Motion to approve concept stage, development stage planned unit development; and consideration of approval of a conditional use permit allowing an auto body facility and associated storage. 2. Motion to deny approval of concept stage, development stage planned unit development; and deny approval of a conditional use permit allowing an auto body facility and associated storage STAFF RECOMMENDATION The City Administrator recommends approval of the revised plan. It is basically City Council Agenda - 04/08/02 consistent with the Planning Commissions approval with the modifications as requested by the Planning Commission, plus development of a two-way roadway on Marvin Road. SUPPORTING DATA See following agenda item 5C. 2 City Council Agenda - 04/08/02 5C. Consideration of .arantinc a license to LSW Properties allowing private use of the Marvin Road right of way. (JO) REFERENCE AND BACKGROUND According to the associated plan for improving Marvin Road, the road is essentially being improved as an extension to Weinand's parking area. This project results in paving of a dusty remnant road that might not otherwise be improved because its improvement provides only marginal benefit to the other property owners that abut the roadway. The improvements to the roadway include development of a 28' two-way drive. It features a number of curb access openings that would not meet design standards of a standard roadway. In addition, a portion of the right of way is proposed to be occupied by the vehicle storage area. Due to the fact that the area is being allowed to be utilized in a semi -private fashion, staff recommends that the developer obtain a License to operate in the right of way. The license will include various provisions to include, but not be limited to, the following: Requirement that the property owner indemnify the city for any liabilities associated with public use of Marvin Road. 2. The property owner will be responsible for maintaining the surface and will be responsible for snow removal. ALTERNATIVE ACTIONS Motion to grant license allowing private use of the Marvin Road right of way as identified on the attached site plan. Motion contingent on creation of a license document acceptable to the City Attorney. 2. Motion to deny granting of a license allowing public use of the right of way. STAFF RECOMMENDATION The design proposed and the license arrangement creates a win -win-win for the city, developer, and adjoining land owners. The city benefits by getting a dusty remnant road improved without cost and without having to maintain the road in the future. The adjoining property benefits by getting a road installed without cost. The developer 041p8102 Cot���ci1 A'el C�t`l °Legh etter utiliZati°n ° f the site thr resulting In b age area• for his site kb)nd vehicle stO • ns elbow r°° largex building obtael°pment de TING V A� A e City AttO�ney pOR th SSP be prepared:bneeting lan en to ounel Copy of site p e x0o, 1 ons City C Nctaal Ll texas fr°rn prevl Agenda 1 2 City Council Agenda — 3/25/02 5F. Consideration of approvinq concept staqe, development staqe planned unit development; and consideration of approval of a conditional use permit allowinq an auto body facility and associated storaqe. Applicant: Progressive Development and Construction Companv/Shawn Weinand. (NAC/JO) The Planning Commission reviewed this project on 3/12/02 and recommends approval per alternative 1. Following is the information provided to the Planning Commission. A. REFERENCE AND BACKGROUND Progressive Development and Construction Company is requesting approval of a Concept Stage Planned Unit Development (PUD) to allow the construction of a 32,730 square foot multi -tenant commercial building and 11,330 square foot mixed use building upon a 8.9 acre site located south of Interstate 94 between Chelsea Road West and Marvin Road. The processing of a planned unit development is necessary to accommodate the encroachment of the use within the abutting Marvin Road right-of- way and auto -repair uses within the multi -tenant building. The subject parcel is zoned B-3, Highway Business. Adjacent Uses. The subject site is bounded on the north by an existing light industrial use, on the south and west by vacant properties zoned and guided for commercial use and on the east by scattered commercial uses and vacant property. The proposed use is considered compatible with existing uses in the area. Comprehensive Plan. The proposed use is generally consistent with the provisions of the City's Comprehensive Plan that suggests commercial use of the subject property. Zoning. The subject parcel is zoned B-3, Highway Commercial. To accommodate the placement of a portion of the development within the Marvin Road right-of-way and auto -related uses upon the property, the processing of a PUD/Conditional Use Permit is necessary. Section 22-1(D) requires the Planning Commission to consider the possible adverse effects of the proposed conditional use. The judgment of the Planning Commission must be based upon, but not limited to, the following factors: 1. Relationship to the Comprehensive Plan 2. The geographical area involved. 3. Whether such use will tend to or actually depreciate the area in which it is proposed. 4. The character of the surrounding area. 5. The demonstrated need for such use. JG PUD Processing. The processing of a planned unit development has been prompted by a request for flexibility from a number of provisions of the Ordinance. Specifically, the applicant has requested planned unit development to allow the following: • The location of an off-street parking area within a public right-of-way (Marvin Road). • A 10 foot principal building setback from a public street right-of-way (30 foot setback required). • The allowance of auto repair facilities within a B-3 zoning district (typically processed by conditional use permit). The processing of PUD applications occurs in three stages; Concept Plan, Development Plan and Final Plan. At this point, the applicant is seeking approval of the Concept and Development Stage Plan which involves a general determination of plan acceptability. Performance Standards. The development proposal includes three lots. Lot 1, Block 1, upon which a 33,730 square foot commercial building would be located measures 3.7 acres in size; Outlot A which overlays an existing wetland measures 4.7 acres in size, and Outlot B which is reserved for future development of a 11,330 square foot "mixed use" structure measures 0.5 acres in size. The following table illustrates lot performance requirements of the B-3 zoning district and the proposed development's compliance with the applicable requirements. Required Lot 1, Block 1 Outlot B Lot Area NA 3.7 acres. 0.5 acres Lot Width 100 ft. 730 ft. 250 ft. Setbacks* Front 30 ft. 10 ft.* 3 ft.* Side 10 ft. 60 ft. 3 Rear 30 ft. NA NA Notes: Setbacks apply along the perimeter of the development for PUD *Applicable to Marvin Road right-of-way As shown above, the proposed buildings fail to meet the required 30 foot setback from Marvin Road. Additionally, portions of the Lot 1 off-street parking area lie within the Marvin Road right-of-way. Outlot B is to be reserved for future development of an 11,330 square foot "mixed use" building. While the premise of establishing the parcel as an outlot until such time as a specific development for the property is ready to move forward is considered acceptable, it should be noted that development of the outlot will require some deviations from the Ordinance. Based on the submitted site plan, allowances will need to be made for off-site parking and a zero lot line building setback. Access. The proposed development is to be accessed from three points along Chelsea Road West. It should be noted that access to several properties north of the subject site is to be provided within a driveway to be constructed within the Marvin Road right-of-way. Access related issues should be subject to further comment by the City Engineer Off-street Parking. Off-street parking supply requirements relate directly to the proposed use of property. Based on the indicated use allocations, a total of 128 off- street parking spaces would be required of the proposed commercial buildings as calculated below. Use Retail/Service (Lot 1 Bldg) 9,099 nsf (10,110 gsf x .9) Auto Repair (Lot 1 Bldg.) 20,358 nsf (22,620 gsf x .9) Subtotal - Lot 1 bldg. Retail/Service (Outlot B) 10,197 nsf (11,330 gsf x .9) Subtotal - Outlot B bldg. Total Ratio Required spaces 1 space for each 200 square 45 feet of floor area 8 spaces plus 1 additional 32 space for each 800 square feet of floor area over 1,000 square feet 77 1 space for each 200 square 51 feet of floor area 51 128 With a total of 170 spaces being provided, the off-street parking requirements for the proposed uses would be satisfied. Recognizing that all off-street parking spaces are provided upon Lot 1, it is recommended that cross parking and access easements be created and recorded with proposed Lot 1, Block 1 to serve the off-street parking demands of the "mixed use" building proposed upon Outlot B. All off-street parking stalls and drive aisles have been found to meet the minimum dimensional requirements of the Ordinance. In terms of parking area circulation, a concern exists as follows: As shown on the submitted site plan, a one-way circulation route has been proposed on the north and west sides of the Lot 1 building. While the one-way route within the service area is considered acceptable, the one-way route within the westerly parking area is likely to present an inconvenience. To avoid such inconvenience, it is recommended that a two- way circulation route be provided. The developer has indicated that this design change can be achieved. Also to be noted is that the two building area summaries for Lot 1 provided on the site plan are not consistent. Whereas a total "mixed use" allocation of 10,120 square feet is 3 Also to be noted is that the two building area summaries for Lot 1 provided on the site plan are not consistent. Whereas a total "mixed use" allocation of 10,120 square feet is identified on the building illustration, a total of 10,110 square feet is listed in the summary table. This should be corrected. Building Orientation. As shown on the submitted site plan, the proposed Lot 1 commercial building is to be located along the northern boundary of the lot 1, directly south of the existing pond. As presently sited, the building's loading area would border the wetland and be highly visible to passersby on Chelsea Road West. To provide a more aesthetically pleasing appearance from the roadway (and better exploit the wetland as an area amenity), consideration should be given to relocating the building to the east side of the property along Marvin Road. Existing Marvin Road would then serve as an "alley" of sorts for commercial development to the east and west. In response to the cited building orientation concern, a design alternative has been prepared. The design alternative attempts exploit the nearby pond as a site amenity and screen service activities by locating the building on the eastern half of the property. It is hoped that such alternative can be used as a reference in the preparation of an improved design concept. Auto Repair Activities. According to the applicant, 22,620 square feet or 69 percent of the multi -tenant building is to be devoted to auto -related uses. While the B-3 zoning district lists auto repair and outside storage as a conditional use, such activity can be accommodated by the processing of the planned unit development and need to be handled individually via a conditional use permit. Loading. As noted previously, the Lot 1 building loading area is located on the north side of the structure, south of the existing pond. While there appears to be ample area for the maneuvering of service vehicles, the loading area is visible from Chelsea Road to the north. As a condition of PUD approval, the loading area should be screened from view of the adjacent Chelsea Road right-of-way. A loading area for the future mixed use building on the southern portion of the site has not been depicted at this time. Landscaping. As shown on the submitted site plan, a variety of plantings have been proposed on site. Generally speaking, the proposed landscape plan is considered well conceived. To add visual interest to the proposed buildings however, it is suggested that some plantings be added at the perimeter of the proposed Lot 1 building. Marvin Road. Considering the long-term function of Marvin Road (to provide secondary access to minimal properties), the encroachment of a private driveway is acceptable provided a specific license to allow such encroachment is issued. 4 Sc Building Materials. According, to the submitted building elevations, the proposed Lot 1 building is to be finished in a combination of materials including rockface block, single score block, EFIS and glass. Building colors have not been specified. All proposed building materials have been found to comply with ordinance requirements. Building materials associated with the multi -use building will be addressed at a future point. Building Height. The proposed Lot 1 building measures 25'4" in height and satisfies the maximum 2 -story height requirement of the B-3 District. Grading, Drainage and Utilities. The submitted grading and drainage plan and utility plan should be subject to review and comment by the City Engineer. Trash. Trash handling/recycling locations are proposed on the north side of the Lot 1 building. The City prefers that trash receptacles be attached to the principal building or stored indoors. Therefore, a condition of PUD approval shall be that all trash handling and recycling equipment be attached to or stored within the principal buildings. Lighting. In accordance with PUD submission requirements, a lighting plan has been submitted. The Ordinance states that any light or combination of lights which cast light on a public street may not exceed one footcandle from the center of the street. Site lighting will 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. Signage. According to the submitted site plan, a 448 square foot pylon sign measuring 32 feet in height has been proposed along Chelsea Road West. Additionally, wall signs have been proposed on the south side of the Lot 1 building. The height and area of the pylon sign along Chelsea Road West is dependent upon the speed limit upon such roadway. According to the Ordinance, the maximum allowable sign area for any one wall shall not exceed 10 percent of the eligible wall area (a wall having street frontage) or 100 square feet whichever is less. As a condition of PUD approval, all site signage will be required to comply with the applicable requirements of the sign ordinance. rG 5 Outside Storage. The outside storage area associated with the auto body operation is located behind the auto body shop and some distance from Chelsea Road. It represents a small percentage of the property and makes useable space out of the odd shaped/remnant portion of the buildable portion of the lot. It will be surrounded by an opaque fence as required by ordinance. The landscape plan also shows tree plantings adjacent to the outside storage area. B. ALTERNATIVE ACTIONS Motion to recommend approval of the Concept and Development Stage PUD 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. 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 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. A license is issued to allow the encroachment of an off street parking area within the Marvin Road right-of-way. The City Engineer provide comment and recommendation in regard to access, grading, drainage and utility issues. k. Building area summaries for Lot 1 provided on the site plan are revised to be consistent I. The applicant receive permission from nearby property owners regarding the proposed use of Marvin Road. This permission to come from those 6 5L property owners that have property that has access only from Marvin Road. Potential findings supporting this decision would be: • The proposal is consistent with the Comprehensive Plan. • The proposal is compatible with existing land uses in the area. • The proposal satisfies the provisions of the Zoning Ordinance. • The proposal is consistent with the City's use of Planned Unit Development. 2. Motion to recommend denial of the Concept and Development Stage PUD. Potential findings supporting this decision would be: • The proposed building and parking areas do not meet perimeter setback requirements of the underlying B-3 zoning district. C. STAFF RECOMMENDATION The proposed project is generally consistent with the intent of the City's Comprehensive Plan and Zoning Ordinance. Therefore, staff recommends approval of the Concept and Development Stage PUD with the conditions cited in alternative action #1. D. SUPPORTING DATA Exhibit A - Site Location Exhibit B - Site Vicinity Exhibit C - Site Plan Exhibit D - Landscape Plan Exhibit E - Grading and Drainage Plan Exhibit F - Utility Plan Exhibit G - Building Elevations Exhibit H - Floor Plan Exhibit I - Lighting Plan/Sign Details Exhibit J - Design Alternative y4' r "fN"f r _.. ♦ �_ 4 - - � » ...` � F' xsr � ,�'ty.ere to • y: � e, '� ..� ,k f, �;� ;.,,r s ;��- r- f?:: f ,. lir^' ��' -.,� ;r *y xp�1,;., P,� � '''�''r+n i • W _ � �.�,{ •rim ,r �x•�';-•: J ; F,y`-r"`'c s ,� { '',f�s,�'�.';� � .F ..:�_ - - - _ . N. i J ,tr�7�g - `. ��.}• .. .S 'sig' .►1". .. :�•, _, c„ .. �;Ak. . �'2 `�' .'K. • h. Y i y � �� � . ' �� >�.. i #,�� ' • :7k*.a -.a ��` 'moi'}'; � - fr T,.� �' � °� a��= ; •,.` •- �_ .� �a„� z?... {°r' .�� ee • %spm '{'� ,.+r � i. > , �` `ne?ts� !+.•f,. a •e i{aee• s < `�' s a - ` r vrx � ��'-a" � '�!"� ; �-,�°"'�`��. • :i`.• +,'i ` {f `sem a * '•r ''x�z- � �:�`. vc .r �. 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ST NE -f O w 7500 , W J W W v • W Dvmo,�- w a o Z N 15o " SEE MAP 1281 l Pelicwt Lake JAI g 0 m$411 ' U fl I( U, © I I / o' I (/v 1 / I ° LU 02 e Poo LLJ 93 i o ! 11CDCD U ' I o it — I II .� Q) I 1 C — > _ y — > N I/ II vo Ij L d Z ~ U - _ .-. = = = h � mac% Q) cc or m `� = y o v Q) W .� = ov 2) = oD mc ami N 3 U C co U) r'ti II f i � N rn 'I- N ry ^ N M c- EXHIBIT A - SITE LOCATION o," rl =f�OPt7SED UTLOT A _ f /J I' i J w i RAV \ N \ O\JTLOT TTJ i r.� L SED- GROV AND0 OTS � -\A D D \� ITIi9N d 5' I Lif, EXHIBIT B - SITE VICINITY 11 I • ;i i I i ' I � _ i t i • <O� D / i i I ,\ o ��. 01'' >t 00 WO orm p ,n Op Omwc pO i © a � FFP Ms p2'^ymic�'ss�^m gLiRRi�gRi$��ga� i © I ' I A ig ri 44 >4s� R�sy� � >�v..�yvg �4R"� o= � \ � �-li'• t - S c5 t - c - Y L ^ ].20' qq no > ny e! o-� n Ros av m z a � 1 \� m z = "Y CA) c pCD ; C7 ¢ e C eg m Ne S tffu0 3_' = EXHIBIT C - SITE PLAN �i Z n O elosauuiW 'Ojj@DIjuow -' 2I31N3D aNVIIAOND< 17 H E J z sBuippn8 pasodoid A Q o 'til" dba co < r N a` -- n jai u ¢ O g i �m� 6u'� = s �g: b 3 7 3- 4^ ?RY# m 8 8Ia \ far / V = •_ 1111 Z Z III U111 x wa30 ire t/) U z W i Y 83 b a�— m Gsu 9W^ €9a ' I I - --L__- i I 1Ta EXHIBIT D - LANDSCAPE PLAN -Ig +.0 R.9 Mi SR l 6gai 4-. A aipa R�g1M �s� u v 112X2liptigs?Vi 1 e -I H Dv F!x M 4ia`ba;3 ? .-i 3`a4�Y�F�va sin L3^���afn seYi� C ip"F ^iai"' ti;a�� A+•j8 £ ;E•3;? g�zzP f � I _ \: \ `� \ _. __� Oil Z . ! ." � /,,'v / � / i r/• � ! . I ( I �\ A.\` 7-157 1 t I 1 Oy CSA a O O \ I `,•v � I I I I I�� 'I t ,I vvav NNS : x ' ,► ,tom oo"cio -.zN N �S �g A o'. .a.� a G l l I I �,laif lam(.. ,. pOv'g A n "\� \` \\ \� \ I IAC , •' I N V .�%lip> 0c I 1 o' 8 ; i I �� �' S^ � `• � •' n m tz P O F r b p. � r7tr_Pii S'pE �� � # F n � .• y 43a3R>ii p 'pY>? �sxi 33 a 4 ^3 jj�2gy Aj 1RVY Y :3° R• _ a S ad � q"� ��A=Ys��xa�e$�i .�zF p z�-� �gR^���>• .� �.so�^ a��q�o� €sak���: �gfall A 3^a>LYEFMpl3 FTiS SR:d es aea ;56g3F�• ---------- c 8 0 .az' 3 W34, .3 =a�9 4 o�. R 2 Je "-s> r R �a3Ea3 FF3 a�s�$ 4 31 RSP � t r $3�f g� 3Sglae Q;L fjtj ggAa ' A m 9 ; 5n : go -0 e^ an < 2 p m g y cco 3 co 3 m : CD -C of S •Ki"— n ' •.�' s L H CZL O C)cc a3 m C3 = s C m CD v m EXHIBIT E - GRADING AND DRAINAGE PLAN i ts R�YR i,l' 1 Iro 2 At< ! I ¢� \ a Act I Cl =max; ago '1 =8 / Ti ^-plo < m O'C O Z <D NIl I `l .`,K``. •� m OZ mom' �-r�D J lm �K m x o rah � \ ImCy�O I NO iR v t, e; a o pRR % Y fig ! J,'aR-e�AqGaS p,yq p i p a n a� 4 @� _ . s �" x AAM Y-Mtts, A. ba8 .€�s �p a�Q ° g x z °->1,� S°Ras<E "�� $- : f �$ A AT q .. r>_ fi H g q x a - '= s ��' SA; F �pSd � °g �q. a R ?;'Q� ' 1$4 XA z v 4 R i3 RA 3x ^ R qF E,F 7 b q Abd s a a =i 4 c !Ma, V to '$ a @ Edo v^� $ A � a" °' "� - °- r t _ £� a0 P.L : S o_ R 4 S ; sA R °a. y zQR :• A R gE-' a °A8" �g 3 � � x :3 aiFl�� m _= �" = R 'S fJ�7q i fix 3- €£ QC�g^ pL O p$ fit aa^ EaS� z Aix IR -:^g; x:^ ags, �e�r3� Qr 8 a # g°i ,'aa�2t;e ttrF 'A_'! i' .' i ��'.F4$ •p'` gP: 3?Ay F v 4p pqg=pY E% tmn �3 A c'��;Y s sqa vs ��� z >�� ;ss8 " �s F y a � °A 2 A R€ ; R :20A ;A AA p'S �g FAQ Es4 g� S "� .g"r � �€ q ?' � F 3� �.,.�t"^�g4�g pF 3 � 8R I "M' 3 K ..$FaQ a� a� ���-e$B-:FR:4 0 3 44 o 40 W _g 4� CL co ... mCD "s n g ^s9 o n i�8 o9ea � 3tl o ;a EXHIBIT F - UTILITY PLAN e'OSa�uryy , 4?ljlplIn8 ad O p sodo., Extiee�T C VAT i®VS Zz a N i e'OSa�uryy , 4?ljlplIn8 ad O p sodo., Extiee�T C VAT i®VS W" W r¢jE eaosauwyy 'o��a�i�uoW < N i I = �� 4 uta D . ; Y s`w N31N3� aNdl3A ND O Cl✓T J � _ � LL J > 5 �C n F_°s #3�� p e ��° �l:l 1 .pl.ne pasodoad ___ m e s o O z z J V. _ I :r C Z o o rn a .0,00..0_09 •o - .0-OLI. .9-.L ..-.0 .9-:L _0.,_9-.• A -i .9-.• 9-♦ .9-..j'9 I.0 -m I j_o-.oll j.o-.o1I �I TT�� I oz I I oz I I o II ky I .'z I I .ez i �o eo D 'j� I I I 1 I -��I 1 ,9 ,o-p� - - ul[L � o •�J'�— _L/1 0-.91 � .0-.91 �.1-. „�o 0 o I -� --�-r} ❑C,7nGOL1 i.• s-.9 t -.CI o J � •L/t C -.s Ic II �.a of �m I �o h J om , ao I -J \ - 61 0 Q \® Z z Q w d o= _ I C Z Z �c �I b $h _ Z 0- vWi51 __ IC EXHIBIT H - FLOOR PLAN �� e�osaoo\ QNd1�n0 N0 s°d °'d �3L �71na pa z ._s iso \ NGS 1 �±P yt 1 a - pe _r \ I � Y I � / \ NORTH .......... ............ .......... ................ .......... ...... ........ .......... .1 i o ; EXHIBIT J - DESIGN ALTERNATIVE • 11915 Brockton Lane North Osseo, Minnesota 55369 • Telephone: (763) 428-4413 Fax: (763) 428-7759 • E-mail: pdcc@earthlink.net Pro essive Develo ment & Consft uc ' �' p tion Co March 19, 2002 Jeff Oneil City of Monticello 505 Walnut Street Suite 1 Monticello, MN 55372 Dear Jeff, I will be out of town March 21 to March 29. Grady Kinghorn will be at the Council meeting to represent me on March 25. Would you please have the presentation board for the meeting. Please let all the members of the council know that I very much would have liked to have been at this meeting as I am very proud and excited to bring this project to Monticello. I had made a previous commitment several months ago. Thanks again for your time and efforts and I hope all goes well at the Council meeting. Sincerely, - Max Shawn Weinand City Council A,enda - 03/25/02 �G. Consideration of t1ranting a License to LSW Properties allowin6 private use of the Marvin Road Ri4aht-of-Way. (.10) REFERENCE AND BACKGROUND In conjunction with the previous agenda item. LSW seeks permission to utilize a portion of the Marvin Road rigght-of-way for development of a drive area and parking space. Please note that the adjoining property owners have been contacted regarding this proposal. There is support for the request because adjoining property owners will be given cross easement rights and the improvements proposed will resolve dust problems, etc. Please review the Planner's report for more information on the site plan and associated request. Vacation was not proposed because under this option one half of the land would go to the property owner on the other side of Marvin Road. This option is not as desirable because half of the right-of-wav is needed for landscaping and utilities. In essence, the license agreement provides greater flexibility for the developer and allows more efficient use of the land. Additionally_ . the property owners to the east of Marvin Road would not gain considerably through obtaining additional land and probablygain more through the paving and development of the Marvin Road right-of-way (no cost besides). T lie Citv Attornev has reviewed the License Agreement and supports approval. Please note that although Olson Electric has direct access to a public road via Sandberg Lane. Olson Electric will be able to utilize the private drive area for access to Chelsea Road. ALTERNATIVE ACTIONS 1. Motion to grant approval of License Agreement allowing private use of Marvin Road subject to completion of conditions noted by the City Attorney as follows: • The License area agreement should be described via a specific legal description. • Exhibit B should be placed into final form. • Adjoining property owners with lots that only have access via Marvin Road should be on record as supporting the License Agreement. ?. Motion to deny License Agreement allowing private use of Marvin Road. City Council Agenda - 03/25/0? STAFF RECOMMENDATIONS Staff recommends alternative 1. This is an important component of the associated commercial development. The License will allow the developer to frilly utilize a `remnant" road while at the same time providing access to properties that need access via the Marvin Road right-of-way. It also will result in elimination of dust created by vehicles moving through the area. SUPPORTING DATA Copy of License Agreement Letter from City Attorney PROM : Pro gre s s i ve Dev S Const PHONE NO. : 420 77591 1M ar. 04 ''ViN2022�� 0: 27AM P2 LICENSE; AGREEMENT THIS LICEXSE AGREEMENT ("Agrecm=t"), dared this day of March, 2002, is entered into by and ber►veen the City of Monticello, the ("City' , a Municipal corporation ("Licensor"), and LSW Properties, LLC, a limited liability company under the laws of the State of Minnesota, hrnmin ("Licensee"). RECITALS: 1. Licensee is the owner of that certain real estate located in the City of Monticello, Fright County, Minnesota, described on Exhibit "A" attached hereto, herein the (."Licensee Property"). 2. The City has right in a certain public road I-aown as, "Marvin Road" which is dedicated to the public and which adjoins the easterly boundary of the Licensee Property. 3. Marvin Road has limited use, is unpaved and is minimally maintained by the City and as maintained, has limited access and use by the public. 4. Licensee desires as part of the development of Licensee's Property to make certain improvenncnts to that parr of Marvin Road lying to the East of Licensee's Property between the northerly and southerly lines of Licensee's Property as extended easterly across Marvin Road and to obtain a license to use that part of Marvin Road_ 5. The Ci ty desires that Licensee's Property be developed and has agreed to allow Licensee to make certain improvements to that part of Marvin Road lying caster?y of Licensee's Property and to grant licensee a license to use part of Marvin Road. WHEREFORES based on the mutual covenants containc�_ herein and other good and valuable consideration, the parties agree as follows: 1. GrantgLLicense. Licensor does hereby grant to Licensee for the benefit of Licensee's Property and the public an exclusive license ("License") to enter upon that part of Marvin Road depicted on Exhibit "B" attached hereto and made a part hereof, ("Licensed Area") for the following purposes: A. Cutting and grading the Licensed Area to make it compatible with the proposed development of Licensee's Property; B. Construction of landscaping and parking and driveway area on the Licensed Arca. Such grant of License shell be perpetual and shall run Oft FROM : Progressive Dev & Const PHONE NO. : 428 7755 Mar. 04 2002 10:28AM P3 1L1 rvi I'inr\ wL» ue_ U -J, NVU with the Licensee's Property. Said License is subject to the obligations of Licensee in regard to public access and use of the Licensed Area as dcscribed in this License. . 2. Rights of A iolging Property c. Notwithstanding the grant of this License including the right to construct landscaping and parking and driveway areas on the Licensed Area, the Licensee's use and occupancy of the Licensed Area shall be subject to the right of the public to use that part of the parking area and driving area located on the Licensed Area and as depicted on Exhibit C attached hereto ("Access Area") for purposes of access northerly and southerly between Chelsea Road and that part of Marvin Road lying south of the Licensed Area. Licensee shall have the right to change said location and configuration of the Access Area providing said change does not prevent access between Chelsea Road and Marvin Road. Licensee shall have the right, upon the request of property owners adjoining the Licensed Area to allow owners of property adjoining &.c Licensed Area to have access and use to and of the Licensed Area. Upon such a request from the adjoining property owner, Licensee's consent shall not be� unreasonably withheld. Further, the use ofthe Licensed Area shall be subject to approval by the City, 3. Irnorovem�zs. All improvements to be constructed on the Licensed Area of Marvin Road shall be paid at the cosi of Licensee. All improvements on the Licensed Area of Marvin Road constructed by Licensee shall be in accordance with plans approved by the City and shall otherwise comply with all laws, ordinances and regulations of the City. 4. .IYI'aintenan Licensee, its successors and assigns, shall be obligatad to maintain the Licensed Area of Marvin Road including snow removal, Licensee shall not block or restrict access to &,,at part of the Licensed Area depicted as the Access Area on Exhibit Cr, attached hereto. S. Indempltteation. Licensee shall defend, indemnify and hold Licensor harmless from and against any and all claims, losses, costs, damages, liens and liabilities relating to Licensee's use or occupancy of the Licensed Area except to the extent tl-at if any such claims arise from Licensor's negligence or fault. 6.-gmrehensive Getterai Liabilitv I=r e_ Licensee shall procure and maintain during the term of this License, at Licensee's sole cost, a policy of comprehensive general liability insurance on an "occurance" basis against claims for personal injury liability, including, without limitation, bodily injury, death, property damage with a limit of 11 FROM : Progressive Dev & Const PHONE- NO. : 428 7755 Mar. 04 2002 10:28PM P4 lel rem rgwR U4 U& UJ. 64U not less than One Million (S 1,000,00o.00) Dollars per occurrence. Such insurance shall name Licensor as an additional insured. Licensee shall provide Licensor with a copy ofsueh insurance certificate. 7. The Ci retains the ��1<3 City right to locate, maintain and repair any municipal utilities located in the Licensed Area. 8. LYlisce -pe A. This Agreement is made in the State of Minnesota and shall be interpreted in accordance with the laws of said State. B. If any provision of this Agreement is adjudicated to he invalid, illegal or unenforceable, in whole or in part, it will be deemed omitted to that extent and all other provisions of this Agreement will remain in full force and effect. O. This Agreement is binding upon the parties hereto, their heirs, successors and assigns. D. This Agreement may be made in two or more counterparts, each ofwhicl-, shall be deemed an original. E. -$everabilily., The parties hereto expressly agree that it is not the intention of any party hereto to violate any public policy, statutory or common law rules, regulations, treaties or decision of any government or agency thereof, If any provision of this Agreement or any of the Exhibits is judicially or administratively intcrpretcd or construed as being in violation of any such provision, such articles, sections, sentamces, words, clauses or combinations thereof shall be modified to the extent necessary to make them enforceable or, if necessary, shall be inoperative, and the remainder of this Agreerncnt shall remain binding upon the parties hereto, Licensor: City of Monticello By: Its: FROM : Progressive Dev & Const STATE OF MINNESOTA) COUNTY OF PHONE NO. : 428 7759 Licensee: LSW Properties, LLC By: Its: Mar. 04 2002 10:29AM P5 lel rem IIHK 16" 1 e,e_ ern. 4T The foregoing instrument was acknowledged before me this day of , 2002, by ,the of the City of Monticello, a M[uniclpal corporation. il�icsntcipal corporation under the Iaws of the State of IViinnesota, on behalf of the STATE OF MINNESOTA ; Notary Public ) S.S. COUNTY OF The foregoing instrument was acknowlcdged before me this day of , 2002, by , the of LSW Properties, LLC, a Limited liabWtY eotttpany under the laws of the State of Minnesota, on behalf Cf the Limited iiabiifty compared. THIS INSTRUMENT WAS DRAFTED B Y: GRIES & LENHARDT, P.L L.P. 100 Ease Ccntral P.O. Box 35 St. Michael, (763)497-3099 4 Notary Public TAX STATENf ENTS TO EE SENT TO: FROM : Progressive Dev & Const PHONE NO. : 429 7759 Mar. 04 2002 10:29RM P6 121 Hob VHK 04 ' U.:� tr-t: _-yj EXHIBIT G°A" Out]ot A, OutIot B and Lot 1, Black I, Groveland Center, Wright County, Minnesota. 5 I: FROM Progressive Dev & Const PHONE N0. 426 7759 Mar. 04 2002 10:30RM P7 1�1 ru r i N. i i I 1 v Paz to n � ; 16df .ca.. � � ��•SC"tee���k�.r.�. Iii ��•� �� i1aC ;jllic � ; r ; s- lb , i;r oil \ < Q e a� .. OPT- cn x - FROM : Progressive Dev & Const PHONE NO. : 428 7759 Mar. 04 2002 10:30AM P8 lir NUH rHk 04 • e� dj: tl EXHBIT "B" LICENSED AREA FROM Progressive Dev & Const PHONE NO. : 426 7759 Mar. 04 2002 10:31PM P9 121 FZ5 MAR 04 i r r .. t' I f' it ii 141 l 1 r 1 QA IL F1 I t t ' it I ' 2 ;�� '' r 10 Q _ s �. r 3 ci It" R IIA77 s ` 4 'a o Ll r :� i �Airi� � "► � FROM : Progressive Dev & Const PHONE NO. : 428 7759 EXHIBIT fF ACCES Mar. 04 2002 10:31RM P10 121 Pio MAR 04 102 09:53 MAR. -13' 02 (WED) 08:47 OLSON USSET & WE INGARDEN P. L. L, P TEL : 952 925 5879 P, 002 OLSON, USSET & WEINOARDEN P.L.L.P. PAUL A_ wuINGAMDTN* DA'VTD .T. i ISKVI' • 1110MAS a, OLSON" DENNIS F. PAT-XN UANILL M. FISKUM 'MEDA CKHTIVIND UAL PTAGP Ul y SPECFAT•TBT -Msm C mirrIOULD CML TRUL SPWALTsT OUR FILE. NO. 7975 (158) VIA PAX Mr. Jeff O'Neill City of Monticello 505 Walnut Street Suite 1 Monticello, MN 55362 ATTORNEYS Ar LAW SUTTIZ 300 4500 PARK GISN HOAR MINNICAPOLIS. MN _55416 TILLEPHONIC (952)925-68RR FAX (952)925-5879 March 13, 2002 Re: LSW Properties License Agreement Dear Jeff: T-RGAL ASSISTAN fS SHIRLEF., ALLEN DEBRA BAKKE IGMFO�R�TTIN BONN 1U,1�RO Ir r$ ROCK11,1 rnn OFFICE TELEPHONr (763)477-5010 I have reviewed the License Agreement you forwarded me concerning the LSW project and have also spoken to Shawn Weinand concerning it. It appears that the immediate problems with this development will be solved by the License Agreement. As I understand it there may be an application for a vacation at a future date. The License Agreement appears to adequately protect the City. My only comment is with respect to Exhibit B, the Licensed Area, it should also contain a legal description of the Licensed Area, and therefore Mr. Weinand should provide uis with a survey and a legal description. We must also be sure that Exhibit C is put into final form and that all adjoining property owners are in agreement with i t . One final note, once the License Agreemelit has been signed and filed please be sure that we get a certificate of insurance in accordance with paragraph 6 of the agreement. Very t yours, Dennis E. Dalen DED: km Council Agenda - 4/8/02 5D. Consideration of resolution authorizing the issuance of a one day_ charitable 0.amblin2 license for the Monticello Country Club. (RW) A. REFERENCE AND BACKGROUND: The Bemidji State University Foundation is requesting approval of a one day charitable gambling license for a raffle to be held at the Monticello Country Club on May 18, 2002. The Bemidji State University Foundation will be applying to the State Gambling Control Board for issuance of a gambling license but before a license can be issued by the State Gambling Control Board, a resolution needs to be passed by the City either supporting or denying the applicant's request. B. ALTERNATIVE ACTIONS: Adopt a resolution authorizing the State Gambling control Board to issue a gambling license. C. STAFF RECOMMENDATION: It is the recommendation of the City Administrator that the resolution be adopted. D. SUPPORTING DATA: ■ Copy of Application ■ Copy of Resolution Apr 02 02 01:59p Bruce and Cindy Ecklund 715-549-5629 Page 1 of 2 3/01 Minnesota Lawful Gambling For Board use Only LG220 - Application for Exempt Permit Fee - $25 Fee Paid Organization Information Check No. Organization name Previous lawful gambling exemption number Bemidji State University Foundation X-5216 Street I City I State/Zip Code County 1500 Birchmont Dr NEI Bemidji CMN 56601 Beltrami Name of chief executive officer (CEO) First name Last name Daytime phone number of CEO Sherri Moe 218-755-4145 Name of treasurer Daytime phone number of First name Last name treasurer: Joanne Torfin 218-751-1391 Type of Nonprofit Organization Check the box that best describes your organization: ❑ Fraternal ❑ Religious ❑ Veteran ® Other nonprofit organization Check the box that indicates the type of proof your organization attached to this application: ❑ IRS letter indicating income tax exempt status ❑ Certificate of Good Standing from the Minnesota Secretary of State's Office ❑ A charter showing you are an affiliate of a parent nonprofit organization 50 Proof previously submitted and on file with the Gambling Control Board GamblinV Premises Information Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) AlDo-r i e,juw CaLk,iTay CLL'.( Address (do not use PO box) City State/Zip Code County 1 ZOq 41c.F Cotxx5,t RoAiN Mow -r I C&LO 6534o2, Date(s) of activity (for raffles, indicate the date of the drawing) M 6%4 1,5761 2,00 Y Check the box or boxes that indicate the type of gambling activity your organization will be conducting: ❑ `Bingo E@ Raffles (cash prizes may not exceed $12,000) ❑ 'Paddlewheels ❑ *PulkTabs ❑ *Tipboards *Equipment for these activities must be obtained from a licensed distributor. This form will be made available 'in Your name and and your organization's alternative format (i.e. large print, Braille) name and address will be public information upon request. The information requested when received by the Board. All the other on this form (and any attachments) will be information that you provide will be private used by the Gambling Control Board data about you until the Board issues your (Board) to determine your qualifications to permit. When the Board issues your be involved in lawful gambling activities in permit, all of the information that you have Minnesota. You have the right to refuse to provided to the Board in the process of supplythe information requested; however, applying for your permit will become public. if you refuse to supply this information, the If the Board does not issue you a permit, Board may not be able to determine your all the information you have provided in the qualifications and, as a consequence, may process of applying for a permit remains refuse to issue you a permit. If you supply private, with the exception of your name the information requested, the Board will and your organization's name and address be able to process your application. which will remain public. Private data about you are available only to the following: Board members, staff of the Board whose work assignment requires that they have access to the information; the Minnesota Department of Public Safety, the Minnesota Attorney General; the Minnesota Commissioners of Administration, Finance, and Revenue; the Minnesota Legislative Aud itor, national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies that are specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your consent. p.2 Apr 02 02 01:53p Bruce and Cindtj Ecklund 715-543-5623 LG220 - Application for Exempt Permit Page 2of2 3/01 Organization Name Bemidji State University Foundation Local Unit of Government Acknowledgment if the gambling premises is within city limits, the If the gambling premises is located in a township, both city must sign this application. the county and township must sign this application. On behalf of the city, I acknowledge this application. On behalf of the county, I acknowledge this application., Check the action that Check the action that the city is taking on this application. the county Is taking on this application. ®The city approves the application with no The county approves the application with no waiting period. waiting period. The city approves the application with a 30 day The county approves the application with a 30 day waiting period, and allows the Board to issue a waiting period, and allows the Board to issue a permit after 30 days (60 days for a first class permit after 30 days. city). ® The city denies the application. Print name of city —,— (Signature of city personnel receiving application) Title- 0 The county denies the application Print name of county (Signature of county personnel receiving application) Title �— TOWNSHIP- On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township limits. (A township has no statutory authority to approve or deny an application (Minn. Stat_ sec. 349.213, subd. 2).] Print name of township (Signature of township official acknowledging application) Title Date Chief Executive Officer's Signat r The information provided in this applicatio complete and accuralp to the best of my knowledge. Chief executive officer's signature Name (please print) Sherri Moe Date 2 !l 9 __IO? _ Mail Application and Attachments At least 45 days prior to your scheduled activity date send: • the completed application, If your application has not • a copy of your proof of nonprofit status, and been acknowledged by the • a $25 application fee (make check payable to "State of Minnesota"). local unit of government or Application fees are not prorated, refundable, or transferable. has been denied, do not Send to: Gambling Control Board send the application to the 1711 West County Road B, Suite 300 South Gambling Control Board. Roseville, MN 55113 p.3 CITY OF MONTICELLO RESOLUTION NO. 2002-13 RESOLUTION AUTHORIZING THE ISSUANCE OF A CHARITABLE GAMBLING LICENSE WHEREAS, Bemidji State University Foundation has submitted an application to the City Council of Monticello for the issuance of a one day charitable gambling license to conduct a raffle on May 18, 2002 at the Monticello Country Club located in Monticello, Minnesota, and; WHEREAS, upon review of the organization's activities, the Council is not opposed to the gambling license being issued by the State Gambling Control Board, NOW THEREFORE, BE IT RESOL VED BY THE CITY COUNCIL that the application of the Bemidji State University Foundation for a one day charitable gambling license is hereby approved and the State Gambling Control Board is authorized to process the application. Adopted by the City Council this 8`' day of April, 2002. Roger Belsaas, Mayor Rick Wolfsteller, City Administrator �D Council Agenda - 3/8/02 5E. Consideration of re "reestablishing" precinct boundaries following state redistricting., (RW) A. REFERENCE AND BACKGROUND: The State has recently completed the redistricting process and the City has been notified of the new district boundaries. All of Wright County lies in Congressional District 6 and for state representative Monticello is in District 19A which is the same district as the last election. Statutes require that government units must establish their precinct boundaries based on changes incurred by the redistricting or if there is no change in boundaries they must confirm the existing precinct boundary. This establishing of precinct boundaries must be completed by the City and submitted to the County Auditor by April 30, 2002. B. ALTERNATIVE ACTIONS: 1. Adopt the attached resolution confirming the existing precinct boundaries for the City of Monticello. C. STAFF RECOMMENDATION: Since the "reestablishing" of precinct boundaries is a requirement of state statutes, it is recommended that the City adopt the resolution to forward to the County Auditor. D. SUPPORTING DATA: • Letter from Wright County • Map showing house district boundaries • Resolution DATE: April 1, 2002 Douglas M. Gruber Wright County Auditor/ Treasurer Wright County Government Center 10 2nd Street N. W. Room 230 Buffalo, MN 55313-1195 Phone: (763) 682-7578 FAX. (763) 682-7873 TO: Wright County Cities, Townships and School Districts FROM: Douglas M. Gruber, Wright County Auditor/Treasurer RE: REDISTRICTING The State Legislative Redistricting process was recently completed, and a final plan was adopted and filed with the Secretary of State on March 19, 2002. A map of the new districts in Wright County is enclosed for your information. Please note that all of Wright County is in Congressional District 6. Now that the State plan has been reviewed and finalized by the courts, Cities and Townships will need to either establish precincts with newly changed boundaries or reestablish existing precinct boundaries. It is possible that Cities and Townships will not need to make any changes to precinct boundaries and will simply need to reconfirm or "reestablish" their precinct boundaries. An example resolution for reestablishing unchanged precincts is provided in APPENDIX C enclosed. Every City and Township must by council/ board action carry out either a precinct redistricting or reestablishment plan no later than April 30, 2002 (M.S. 204B.14, subds. 3 and 4). In addition, Cities and Townships need to furnish a current map of their reestablished or redistricted precinct bound ries to our office. If all School board members are elected "at large," a school district does not have any election districts to redistrict. However, precinct boundary changes made by Cities and Townships may cause a voter's combined polling place location to change. School districts need to assess how municipal precinct boundary changes (if any) may affect voters in school district elections. When precinct boundaries have changed, the change does not take effect until a notice of the change has been posted in the office of the Clerk or Auditor for at least 60 days. The last day to post redistricting related precinct boundary changed is July 11, 2002. There is no statutory requirement to publish this information, but it may be a good practice to do so. County Commissioner district redistricting cannot occur until all municipalities have completed redistricting or reestablishing their precincts. Additionally, the County Auditor is required to update the statewide voter registration system whenever there have been changes in precinct boundaries. It is my request that you adopt your Resolution no later than April 30" and submit it to us no later than May 1, 2002. If you have any questions, please call Gloria Gooler at 763-682-7578. Thank you in advance for your prompt attention to this important matter. Equal Opportunit)) /Affirmative Action Employer In i:. dmip 7:3 �{..,...—.0 ....._...--••y -' - - `t.,.,r'—'^� may. •----•' i. � � - f . V r W Q }' .r 7 j ' :.3 . ter. �. �t '�' a LL CD cc Lo oil CZ3 'gr Co ::} .......f ..:._ . c O cc c hD .�-^� N O c c U o .LLJ :. 7E3 Q f: - - - Cl)�=' • LO j • L � a� v i 4 Q� c � T .. Q 0 In i:. dmip 7:3 �{..,...—.0 ....._...--••y -' - - `t.,.,r'—'^� may. •----•' i. � � - f . V r W Q }' .r 7 j ' :.3 . ter. �. �t '�' a LL CD cc Lo oil CZ3 'gr Co ::} .......f ..:._ . c O cc c hD .�-^� N O c c U o .LLJ :. 7E3 Q f: - - - Cl)�=' • LO j • L � a� v L o — 5 -Y 'SC�� 2� ':;;':;.::: ' p 0 - o' -:�.. t .. .. :ar:::: O s (B ....::.:......... — O ........ .......................... ................. c m U......................................... • '.••:.:•: -:•:.:-::: :.•::•:•:-: :: :•:: >::•:: :•:: :•:•: :•: :-:::::: :•i::•::::•..... :;:.: i:i :-`--:::: :>::::>'::;-::::':::-::: >:•: :• is ;: •::::: _ ::• -:•: :; ---- .•i.::'}:: a.: ; ::::'.: - -s is::= �: •'ti; :;. �% °' L C� s 0 o r. (n - =i:•: •: ?•:.:. ::; O z i ; . cy) 2� ':;;':;.::: ' <'`.. 0 c� o' -:�.. 0 .. .. n ........ . . ,fin; - �,:-��.• can z Ccco 70 •i:: :: I. cz r' U : 0 O U rl� NO ca a Iti ......................................... �I m v: LO a : :. cu U 0 ; cy) 0 c� o' 0 ........ . . 0 � � .�.�.• Com. Lo i 0 o' 0 � � .�.�.• Com. Lo i CITY OF MONTICELLO RESOLUTION NO. 2002-15 RESOLUTION FOR REESTABLISHING UNCHANGED PRECINCTS AND POLLING PLACES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONTICELLO, THAT: WHEREAS, the boundaries of the City of Monticello (Precinct Code 0125) which consists of the territory of the City of Monticello, remains unchanged following state legislative redistricting, the Monticello City Council hereby reestablishes this precinct with those boundaries as required by Minnesota Statutes 2048.1 4, Subdivision 3(c). WHEREAS, the polling place for the City of Monticello remains at the Monticello City Hall, 505 Walnut Street, Monticello, Minnesota and the Monticello City Council hereby reestablishes this location as the designated polling place for this precinct in accordance with Minnesota Statutes 20-8.16. Adopted by the Monticello City Council this 8"' day of April, 2002. Roger Belsaas, Mayor ATTEST: Rick Wolfsteller, City Administrator �� P Council Agenda - 4/8/02 5F. Consideration of authorizing purchase of wine rack shelving for liquor store expansion. (RW) A. REFERENCE AND BACKGROUND: With the added display space available in the new liquor store expansion area, liquor store staff would like to purchase additional display shelving for wines. The custom made wine racks would be in lieu of the conventional shelving that we now have in the liquor store. Liquor Store Manager, Joe Hartman obtained three quotes from cabinetmakers for the display shelving ranging in prices from $450/each to almost $1,200/each. The Liquor Store Manager would like to purchase 13-4' wine racks made of oak construction at a cost of $450/each, including delivery and sales tax for a total of $5,850. As part of the estimate for building expansion project, I had used approximately $25,000 for furniture and fixtures within the budget from which this shelving could be allocated. B. ALTERNATIVE ACTIONS: 1. Authorize the purchase of 13-4' wine rack displays in the amount of $5,850. 2. Do not authorize purchase at this time. C. STAFF RECOMMENDATION: It is recommended by the Liquor Store Manager and City Administrator that the wine rack displays be purchased as outlined. Both Joe and I believe the price for the custom made oak display cabinets is reasonable and will enhance our display capabilities in the newly remodeled store. D. SUPPORTING DATA: ■ Copy of quotations ■ Picture of typical unit 3/25/2002 12:02 PM FROM: HA14SEDI BROS. TO: 17632958891 PAGE: 002 O 002 HANSEN BROS. REMODELING - BID SHEET TROY (320) 260-1333 WAYNE (320) 249-1147 48" X 24" X 48" WINE RACK OAK COSTRUCTION INCLUDES MATERIAL AND LABOR SET AND DELIVERED $5400.00 FOR 12 WINE RACKS INCLUDES SALES TAX THANK YOU! TROY HANSEN C) o -- Z -/s -o C ,,-,� i 5 F TonimWood wolts Monday, March 18, 2002 HI - WAY LIQUOR P.O. BOX 845 MONTICELLO, MN. 55362 Tonka Wood Works PROPOSAL Phone: 952-474-7817 FAX: 952-380-1034 Tonka Wood Works will provide for Hi -Way Liquor 10 of the two-tiered wooden wine displays as discussed with Joe Hartman. The wine displays will be made out of oak with solid wood dividers, and will be stained, and finished with polyuerethane. The dimensions of the displays are 48" high x 48"long x 24" deep, and when placed back to back will create a 20 ft. Run. The cost of the oak displays are $475 each for a cost of $4,750, and a delivery charge of $250, for a total cost of $5,000. I will need a remittance of $2,500 prior to construction for material costs, with the balance due upon delivery. 00 3 t7 1A Thank you, /;4� Tim Farrell 5F FROM : Crotta' s 952 440 3912 FAX NO. : Dave Crotta Custom Wood Design 5421 Dufferin Drive Savage, Minnesota 55378 Picone- 512-644-2954 Pax: 952-440-3912 :.......:....:....:...................... :,,.,T.:.,.:.,...Y.:::.:,...: , ::,.::..• $2-26 rCompact short Wne racK tm sided D-1 De%very Charge Joa, I will need a purchase order before starting any work- Thanks, orkThanks, Dave Mar. 25 2002 05:36PM P2 Price quote !: ... ...::<T}r?r: •: :'•li}..rig � ::,,,,•:..•.4 3/25/02 121 . : :� s•i.s •.• •:: •s 1,+00.00 11,000. COT 200.00 subtow 11,200.00 6.50/6 Tax 715.00 :W OOOObYTYSAY?iOA.Y•i:�p�P:;: �..s.;.l::: �Yl�-'•�'h �: '•`Yin'. .'•�:%..w•}.....:j...�..:.• :.::. T.4: .::•4: Y A ?a T. ."Mil • T: ' ...... .. ... .:. .. �ti•W y+q$YJ•la!�•,C[tii •%TSM`:. .... ..... � SHELVING UNIT HI -WAY LIQUORS 5 � SHELVING UNIT HI -WAY LIQUORS S T- SHELVING UNIT HI -WAY LIQUORS OWN _ _ 1! i W Wa' p �! S -P City Council Agenda - 04/08/02 5G. Consideration of a request for a conditional use permit for development stake planned, unit development and preliminary plat approval allowinp- commercial condominiums. in the I-1 A zonin4 district. Applicant: Allied Properties & Management, LLC. (JO) Planning Commission recommends approval of this plan, see alternative 1. Please note that a revised set of drawings have been provided that address the concerns noted in this report. REFERENCE AND BACKGROUND The applicants have forwarded plans for a three phase Office -Warehouse project on property along Seventh Street east of the FSI building. The project would consist of two buildings, with the larger of the two, divided into two separate phases. The concept plan was reviewed previously, with comments related to the following items: 1. Submission of Landscape, Grading/Drainage, and Building Plans. These plans have been submitted as required. 2. The access points to Seventh Street be aligned with Wright and Ramsey Streets to the north. The proposed plans show alignment with both streets as requested, and an additional access drive in the northeastern corner. 3. Additional plantings be provided along the perimeter of the buildings. The landscaping plan includes a total of 47 trees and 108 shrubs on the site. The trees are predominantly along the perimeter of the parking lot, with shrubs and an ornamental tree in islands on the building side of the parking area. According to the zoning ordinance, one tree per 50 feet of perimeter lot line is required, for a total of 65 trees. The landscape plan should be revised to include the additional trees. There are some opportunities for additional landscaping in the interior of the site, but the boundary line with the residential to the east would also benefit from additional planting. (This plan has now been provided). 4. Off street parking is verified. The site appears to have adequate parking for the proposed buildings (183,000 square feet) if the buildings contained equal amounts of office and warehouse. It would be our experience that the majority of space in these buildings would be devoted to warehouse floor space, and therefore, there would be more than enough parking to serve the buildings. 5. Trash handling equipment should be stored within buildings. The site plans do not detail remote trash handling areas. The buildings are set up to provide service access from both sides of the building. 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(Kcmm as fp"Y 'em 1rf00Oma f.fc.mr'1 PROPOSED, W. 41 1- pY 6flY lfppl�J \ `fes -_-`_ - �` 0 l34�c cDNsnaucnoN -NTRAHCF �'-:�,; -J*-_ NOT 1 Scale CALL 48 HOURS BEFORE DICCM GOPHER STATE ONE CALL �-_ , TWIN CJTY AREA (661)454-0002 \ A > iii' ` --- - l �� YiNNESOTA TOLL FREE I -MO -252-1166 '�,r; - ` '' *.f s ;*J' \ \ £AST IGRAD I PRELIMINARY PLAN I DESIGNED: I HIEREBY OEI"IFY THAT U45 PLAN MAS PREPARED I YTJ By WE OR UNDER YY DIRMT SIPERNSION AND THAT I i DRAWN: '„� u OF � S� SO Anderson Engineering of �Vlinilesota, LLC MONTICELLO 94 WEST comm. Na PLOTTED. 1 13-11-021 PRELraAR7 PLJT15 C I V (L C N C I N C L R I N C CON 9 U L T A N T 3 GRADING, DRAINAGE, & DRAWING OF ' Ps.+ MONTICELLO, MINNESOTA ►�. DATE � „a, REVISIONS {CHECKED BY: rA14. T. JASTER. P -E. EROSION CONTROL PLAN t,.� t.l. avoruc I1on,L ,,T�1/T,I r„ �." TEL �." 9!�-IOsf .,� �, ,�-IOM KINGHORN COMPANY, INC. C1 Com, ' DA$ 14• �_ REG. NO. 409J/ 5 City Council Agenda - 04/08/02 5H. Consideration of authorizing City Engineer to conduct feasibility study on extension of utilities to proposed Bru2v-eman Homes site. (JO) REFERENCE AND BACKGROUND Bruggeman homes is asking for the City Council to authorize the City Engineer to complete a feasibility study analyzing design and cost of utilities necessary to serve an area that will soon be proposed for development. Bruggeman homes is currently preliminary plans for development of a planned community at a 94.48 acre site roughly located between Tyler East and the freeway. The purpose of the study is to determine the method for providing sanitary service and to identify a plan for providing water service to this area. The developer understands that authorization of this study is not a guarantee that the project concept in its current form will be accepted. ALTERNATIVE ACTIONS 1. Motion authorizing completion of utility extension feasibility study to support development of the Bruggeman Homes project. Motion contingent on the developer providing a deposit in an amount equal to the estimated cost to complete the study. 2. Motion to deny authorization to complete the study. STAFF RECOMMENDATION City staff recommends alternative 1. The information gathered via this report is needed to support decision making by the city and developer. The cost of the study will be covered by the developer so there is no financial risk to the city in completing the study. SUPPORTING DATA Area map showing development area. Preliminary Site Plan (This plan will be reviewed in the future by the Planning Commission and Council via the PUD Process). _ v 7- . 0 ' ell ol,.I,. `• _ -'. —®ate... o.. �� — �-s-._ ... ... �.e�- •- x • ...n( R~ ' � �. v'�' t 4 ,yam a �� A W s'5k ; \� 4 o p� I AMA Single Family Home Neighborhood V V Native and Plapted Landscape Buffer 95th Sr.wr-.- Or* Level Twinhor e7— or Townhome Neighborhood 4. 5H Two Level Townhome Neighborhoo,, City Council Agenda - 04/08/02 5I. Consideration of a special home occupation permit allowinLy a salon in the R-2 residential district. Applicant: David Gassler. (JO) The Planning Commission reviewed this request and recommended approval with conditions as noted under alternative 1. REFERENCE AND BACKGROUND Mr. Gassler, 6117 Mill Run Road, is requesting a special home occupation permit which would allow the applicant to operate a home salon in a residential neighborhood. The home salon will have one stylist and will operate during the day, approximately 20 hours per week. Users of the salon will enter the residence via the front door or the walkout entrance in back. There will be limited retail of products not available to the general public. Inventory, such as hair color, bleach, etc., will be stored in a pantry or closet in the salon room. Walls will be constructed in the unfinished basement to enclose the new salon room. The purpose of going through the special home occupation process is to evaluate how the occupation is conducted, making sure it does not jeopardize the health, safety, and general welfare of the surrounding neighborhood. This particular neighborhood consists of attached two family dwellings in a R-2 district. Staff believes the applicant meets all provisions and requirements of the code with the following concerns and suggestions to be made as conditions: Customer parking: The ordinance states that no home occupation shall be permitted which results in or generates more traffic than one (1) car for off-street parking at any given point in time. A method of controlling this is through appointment only service. Signage: The applicant circled no for signage. Being as this is in a neighborhood of attached two family dwellings, it might be beneficial to have an identification sign (identifying the name of the resident) so customers aren't going to the wrong residence. Hours of operation: Staff would like to see a condition limiting the hours of operation to normal business hours. (Monday - Friday 8 - 5, Weekends 8 - 2). ALTERNATIVE ACTIONS Motion to approve the special home occupation permit based on the following City Council Agenda - 04/08/02 findings: a. The business is consistent with the character of the neighborhood. b. The business will not result in depreciation of the adjacent properties. It is recommended that such approval be contingent upon the fulfillment of the following conditions: 1. The business is operated in an appointment only manner to limit the number of vehicles parked at the residence at the same time. Parking to be in resident's driveway only. 2. The applicant provides proper signage (identifying the name of the resident). 3. The hours of operation are limited to normal business hours such as weekdays 8 - 5, weekends 8 - 2. 4. Mandatory yearly review by city staff. 5. This to be a single chair operation only. 2. Motion to deny the request for a home occupation permit 3. Motion to table the action, subject to further study. STAFF RECOMMENDATION Staff recommends approval of the special home occupation permit. It is our view that with the conditions noted above, the presence of the commercial use will be transparent to the neighborhood. The Planning Commission may wish to add or subtract from the list of conditions. SUPPORTING DATA Exhibit A - Location Map Special Ho e Occupation Request Home Salon 6117 Mill Run Rd 4 Council Agenda - 04/08/2002 5J. Consideration of orderin6 a public hearinLy for CSAH 75 Improvements, Washington Street to Otter Creek, Citv Proiect No. 2000-16C. (J.S.) A. REFERENCE AND BACKGROUND: Wright County and the City of Monticello are in the final design stages for the improvements to CSAH 75. Although the final plans are not done, estimates of the total construction costs are at $3.4 million. The work consists of widening a portion of the rural section between Chestnut Street and the Otter Creek and adding pathway to the north side between Otter Creek Road and Willow Street, as well as resurfacing, left turn channelization, boulevard improvements, replacement and upgrading of existing utilities, a new traffic signal at CR 39, a new traffic controller at CSAH 75 and TH 25, and other appurtenant work for that portion from Chestnut Street to Washington Street. Bret Weiss, City Engineer, will be available at Monday evening's meeting to discuss the project in more detail if the council so feels it necessary. The draft feasibility study should be delivered to you with your agenda. B. ALTERNATIVE ACTIONS: 1. The first alternative would be to order a public hearing on the proposed CSAH 75 Improvements, City Project #2000-16C, to be held on April 22, 2002, at the regular council meeting with notice to be published in the Monticello Times April 11 and April 18, and notice to be sent to all applicable property owners. 2. The second alternative would be not to hold the public hearing at this time. C. STAFF RECOMMENDATION: It is the recommendation of the City Administrator, City Engineer and Public Works Director that the City Council authorize a public hearing for the CSAH 75 improvement project as outlined in alternative #1. B. SUPPORTING DATA: Copy of Public Notice and the feasibility study should it arrive in time to be delivered with your package. NOTICE OF HEARING ON IMPROVEMENT CSAH 75 IMPROVEMENTS (Washington to Otter Creek) CITY PROJECT NO. 2000-16C TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of the City of Monticello will meet in the Council Chambers of the City Hall at 7 p.m. on April 22, 2002 to consider the making of an improvement to CSAH 75 from Washington Street to Otter Creek by the widening of roadway, resurfacing, boulevard improvements, replacement/upgrade of existing utilities, traffic signal, and other appurtenant work, pursuant to Minnesota Statutes Sections 429.011 to 429.111. The area proposed to be assessed for such improvement is the property abutting such streets. The estimated cost of the improvement is $3.2 Million. Such persons as desire to be heard with reference to the proposed improvement will be heard at this meeting. (Published in the Monticello Times April 1 1°i and 18"', 2002) Rick Wolfsteller, City Administrator Sj Council Meeting - 04/08/2002 5K. Review of bids and consideration of award for Sanitary Sewer Rehabilitation Project in the downtown area. (J.S.) A. REFERENCE AND BACKGROUND: As authorized by the City Council, bids were taken on Friday, April 5, 2002, for the lining of the old sanitary sewers on Broadway from Walnut Street to Cedar Street and on TH 25 from Broadway to 3rd Street. All three of these sewers were laid in the 1920's and of a larger size diameter due to the fact that they also handled storm water as well as raw sewage and then dumped directly into the Mississippi River. The two sewer lines on Broadway are in very poor condition. The sewer line on TH 25 has one bad area and several cracked areas. The slip lining process involves using a sock impregnated with polyester resins which is inserted into the sewer line and then expanded and cured in place with hot water. The service lines are then reopened with a cutter from the inside of the pipe. On April 5, 2002, we received three bids. Following is a tabulation of those three bids: COMPANY Lametti & Sons, Inc. Insituform Visu-Sewer Clean & Seal, Inc. BASE BID I BASE BID + ALT 1 $50,631.00 1 $65,291.00 $53,535.00 $68,185.00 $55,599.50 1 $69,939.50 As can be seen by the above bids, Lametti & Sons of Hugo, Minnesota was the lowest base bid for repairing the two blocks on Broadway and a single spot repair on TH 25 for $50,631.00. They are also the low bid for the alternate which includes doing a complete repair to the block on TH 25 for an additional $14,650.00 or a total bid of $65,291.00. The spot repair which would not be needed would be deducted from this bid, thereby lowering it another $2,250.00 B. ALTERNATIVE ACTIONS: 1. The first alternative would be to recognize the bids and recognize Lametti & Sons as the low bidder for repairing all three lines for a total of $65,291.00, but to table the award of the bid to Lametti & Sons until after the public hearing for the entire CSAH 75 project which will be held on April 22, 2002. 2. The second alternative would be to award to the bid to Lametti & Sons for doing all three blocks in the amount of $65,291.00, based on the assumption that the City Council does not intend to assess any of the sewer realigning costs itself. The service lining or replacement would be done later as part of the CSAR 75 project and would be assessed. Council Meeting - 04/08/2002 C. STAFF RECOMMENDATION: It is the recommendation of the City Administrator, City Engineer and Public Works Director that the City Council table the award of this project to Lametti & Sons, Inc. until after the public hearing on April 22, 2002, as outlined in alternative #I, as we believe since the sanitary sewer is 78 years old that we would be justified in charging a portion of the costs to the adjoining benefitting property owners and, therefore, that can only be done after the public hearing. The costs for this portion of the project are being noticed with the public hearing notice for the CSAH 75 project. D. SUPPORTING DATA: None. Please refer to bid tabulation as listed above. Council Agenda - 4/8/02 5L. Consideration of approving Dundas Road property sale to Danner Trucking. (RW) A. REFERENCE AND BACKGROUND: As part of a conditional use permit approval allowing Bob Danner to expand his trucking operation with a new building on Highway 25 and Cedar Street, the City entered into a purchase agreement with the Danners in May of 1999 requiring them to purchase property north of the new Dundas Road adjacent to their trucking facility at a price to be determined by the amount the City paid to acquire the property from Mel Wolters. With the Dundas Road acquisition dispute being previously settled with Mel Wolters, I have been attempting to finalize the purchase price for the property so that the closing could take place soon. While the actual sale price was a little difficult to establish, I had placed the value of this property to be sold to the Danners at around $4/sq. ft. based on what I had estimated the value of the property was that we exchanged with Mel Wolters to acquire this parcel. The attorneys representing Danner (Brad Larson and Jim Fleming) were also involved in obtaining an appraisal on this property for the Mel Wolters condemnation proceedings that established the value at around $3.50/sq. ft. Since this was the amount that could be supported by an actual appraisal, this was the amount that I had continually noted in my correspondence with the Danners as the amount the City expected to receive for the remnant sale. I have recently met with Mr. Jim Fleming and Mr. Brad Larson to negotiate a final purchase prices and I believe we have arrived at a solution that gets the City the $3.50/sq. ft. for the majority of the property to be transferred. We had initially offered the property at $3.50/sq. ft. with the assumption that this price would include any costs or assessments that were already levied for the construction of the Dundas Road access to Highway 25. In other words, we weren't going to tack on an additional assessment above the $3.50/sq. ft., as it should be included in the appraisal price. The amount of property that is currently available for immediate transfer to the Danners total 16,059 sq. ft. and would amount to $56,206.50 at $3.50/sq. ft. Of this amount, approximately $14,500 relates to the actual Dundas Road improvement costs, so in effect the raw land without improvements would be valued at approximately $2.60/sq. ft. A future land sale has also been agreed to when Cedar Street is realigned further east in the future. Once this occurs, an estimated additional 10,364 sq. ft. would also be transferred to the Danners at the raw land cost of $2.60/sq. ft., with the understanding that the property would be subject to any future assessments for improvements to Cedar Street when completed. Since the City cannot vacate the existing Cedar Street right-of-way until we are ready to build a new street, we negotiated that this property will be paid for by Mr. Danner today at the $2.60/sq. ft., but would not be transferred to him until we actually vacate and realign Cedar Street. Assessments for any improvements along Cedar Street would not occur until such time as the actual project was completed. 1 Council Agenda - 4/8/02 To summarize, the actual property that can be transferred by quit claim deed today totals 16,059 sq. ft. at a purchase price of $56,206.50. Future land area is estimated at 10,364 sq. ft. or an additional $26,946, for a total sale price of $83,152 for all of the land. Because the dollar amount negotiated is far in excess of what Mr. Danner had originally thought he was going to have to pay for the property, the Danners are requesting that they be allowed to complete the purchase by providing a 25% down payment in cash ($20,788) and have the balance of the purchase price ($62,364) be payable over a ten year time frame, similar to what assessments would have been levied over. In other words, they are requesting that the City carry the balance on a contract for deed over 10 years at 6 1/2% interest. Under this alternative, the City would not actually transfer the title to the property until the contract is paid, but have in effect sold the right-of-way even for Cedar Street at todays prices, even though we can't actually transfer the property until we vacate it in the future. Although the original purchase agreement did not intend for the City to carry the purchase price on a contract for deed, this isn't necessarily a problem for the City at this time since we do not have any current outstanding obligations that need to be reimbursed from proceeds immediately. In addition, because of this transaction also including the sale of part of Cedar Street to the Danners that can't even be actually vacated for awhile, carrying a contract for deed may seem to be a reasonable compromise. I do feel that the Danners are receiving a good deal from the City in that property values in that area are continually rising, and the appraisal that we are using to establish this value is almost two years old. B. ALTERNATIVE ACTIONS: 1. The Council could approve the establishment of $3.50/sq. ft. as the sale price amount for the 16,059 sq. ft. that is currently available for transfer to the Danners and future Cedar Street right-of-way at $2.60/sq. ft. estimated cost $26,946 for a total sale price of $83,152. Under this alternative, the Council would accept a 25% cash down payment with the balance being financed over 10 years at 6 V2% interest, similar to our current assessment rates. This alternative would also include a provision that allows the City to assess the Danner property for any future improvements to Cedar Street when it is relocated. 2. The Council could approve the sale prices noted, but with a different financing proposal. 3. Reject the sale proposal and continue negotiations to establish a different sale price. C. STAFF RECOMMENDATION: As the Council is aware, I have been corresponding with the Danners and their legal representatives for a number of months in an attempt to get this issue resolved. With the fact that the City exchanged land and money to acquire the Dundas Road parcel from Mel Wolters, the actual purchase price has been more difficult than usual to establish. There is always going to be a dispute between the parties 2 Council Agenda - 4/8/02 as to what the exchanged land was really worth, but I think we have arrived at a reasonable compromise that still gets the City the $3.50/sq. ft. that corresponds with appraisal information and also allows us to realign Cedar Street in the future and assess any benefits to adjacent property owners. Because of this, I am recommending that the Alternative #1 be accepted and that the City allow a contract for deed to be used with 25% down payment at an interest rate of 6 '/2% over ten years. The final contract for deed will also have language that notes if the City never realigns Cedar Street or vacates the existing Cedar Street right-of-way, Mr. Danner would receive a credit or refund of the amounts paid for that portion of the property. D. SUPPORTING DATA: Summary of transaction Map depicting property to be sold J DANNER/CITY SALE SUMMARY (DUNDAS/CEDAR STREET EXHIBIT) Parcel 41 - Currently owned by Danner Parcel #2 - %2 of vacated Marvin Road to be transferred at no cost Parcel #3 - '/2 of vacated Marvin Road to be sold to Danner Parcel #4 - To be sold to Danner Parcel #5 - '/2 of Cedar Street to be vacated in the future - part adjacent to Danner's Property (Parcels #1 & #2) at no charge. Part adjacent to Parcels #3 and #4 to be sold Parcel #6 - '/2 of Cedar Street to be vacated in the future - to be sold to Danner SALE PRICE/TERMS Parcel #3 5,635 sq. ft. @ $3.50 = $19,722.50 Parcel #4 10,424 sq. ft. @ $3.50 = $36,484.00 Parcel 45 Est. 3,500 sq. ft. cr $2.60 $ 97100.00 Parcel #6 6,864 sq. ft. @ $2.60 $17,846.40 TOTAL $83,152.90 Down payment 25% (20,788.00) Balance on contract for deed @ 6 '/2 % - 10 years $62,364.00 4 5L I i ! D ' , , ° SOr itv F L / F OF TH NET R F T T F 0 NW .4 f S 1,2 SEC 14 NW+ 4 NE S l Z 7 , i 721 R 2S Al , sot LOT 5 LINE i� ,/ / % I \\ ./oS 6 i % I S . Op A L j(Vf F /NE OF HELS ZL OF/ rt, THE TH E Icb Cb Cb /ry P� �= 98,5 18 •, o �\ _ •00 - / HOL INE P O° N /, /' / /�•. LINE 4 -�0.6? S ` ` °UrN Nq NR OF EL ul o A `(�, !L ` Op°or rNE rN rNE v o ,2 ZEE r �, 4p 4 / AS \ / 0�, �,h 0 / R OAD S8g42g• 0g Yco ^70 r%j per. // / • / � PER INC g°, , N89 Op l g / • (/ ,, �' DATE° DOC Efyr NO 9J°j ZZs 4SEMENr / l q7„E �” / 567 S89°00 47.,W i /Nf OFRALLEL S, N OTH THE 4160O1�p Me .4RcA F THE NW l �B m°Ra y 4 FAX r cr� `N4r I 4R D ayY 7N47 INIS 4"S Or INC Pt S al E- ICE � fU L4N04S A Crl SUP rION AfINNEof )'ksur�9y'rP°r°el, vl � 1 ji, U4 rE. °J Sr S0 r4• VEYOR UNDER THE 4N r c.d9� Of ryAY wseP 11S'°2 EVE" Y s°„E Ojlticell %ANO. 1033.917 Rec. ND. 2270 110, ulllesota �A Date: %'025,2002 P BR TRU ARCEL 6C!�"WG City COUnC11 Agenda - 04/08/02 7. Consideration of supporting effort to develop ice arena facility via preliminary commitment to contribute land and reduce development fees.. (JO) REFERENCE AND BACKGROUND For the past few years, the Monticello Youth Hockey Association (MYNA), along with the Maple Lake and Becker/Big Lake Hockey Associations, have been working toward development of an ice sheet somewhere in the Monticello, Clearwater, Becker, Big Lake Area. As you may have heard, both Becker and Clearwater are interested in hosting an ice arena. In both cities, sites have been provided. In recent years, MYHA has worked toward developing its fund base through establishment of a charitable gambling program. Recently Al Gagnon, Project Manager for "The Point Group", was hired to help MYHA further focus its efforts on development of a realistic plan for developing an ice arena. At the meeting on Monday, Gagnon will present a potential program for development of an arena and will be asking the City Council to consider contributing land and reduce development fees in support of development of an arena. The basic proposal that will be presented by Gagnon may have two or three variations. The variation ultimately selected will likely depend on which alternative results in the highest level of donor support. The ice arena developed will be a quality facility that the community can be proud of, however the facility must be constructed within a defined budget. The Point Group features a team of experts in the area of ice arena planning, financing and construction that is well positioned to design a quality facility and capable of constructing the facility within budget. Ice arenas consistently provide enough revenue to cover operating expenses and also generate additional funds that can be used toward payment of the debt. Few arenas that I know of pay for all debt and operating expenses. The Point Group has developed a unique program that does not require a public subsidy of debt service. Here is a quick summary of the program: Debt service is driven down as low as possible by obtaining cash donations at the front end of the project. Donations are requested from local businesses, corporations, schools, municipalities, and others. Utilization of a "Non Recourse Bond" provides a very favorable interest rate. A non-recourse bond is sponsored by the local municipality but does not result in a financial liability for the city. City Council Agenda - 04/08/02 Reserve from sale of naming rights and other advertising rights is included to help off -set debt. Local Hockey associations enter into a contract to pay for ice time at a relatively high rate per hour. A portion of the hourly fee goes toward debt retirement. Al Gagnon will be providing a spreadsheet which shows the various costs and revenue sources involved in the program. Essentially, the City Council is asked whether or not it desires to play a role in developing the facility by making a donation as follows. Land Contribution There are four parcels currently owned by the City where an ice arena could be located. They include the Community Center site, the five acre site on Cedar Street across from Danner Trucking, the Remmele site and the Seventh Street Site (Outlot A of Country Club Manor). Staff has reviewed the various site locations with individual Council Members, Gagnon, and with members of the Hockey Association. The site that has received the greatest support is the Seventh Street site. This site is desirable because of the following: • Location relative to commercial area provides best opportunity fo economic development of the downtown area because it forces users to drive through the commercial areas to and from the arena. • There is sufficient land area to allow for a second sheet along with other recreational or commercial facilities. • Exposure to freeway provides opportunity for revenue from signing and naming rights. • Development of handsome arena will provide a good image for the city and is probably preferable to a multi -family development at this location. The site can be designed to minimize conflicts with the neighborhood. It should be noted that public recreation facilities are allowed by a conditional use in an R-3 zone. It appears that a zoning ordinance will not be necessary to allow the facility to be constructed at this location. Informally, in talking to City Staff and members of the City Council this appears to be the favored site. Another alternative being evaluated is development of an arena at the High School 2 City Council Agenda - 04/08/02 Campus, which of course would not require a contribution of city land. However, from a downtown redevelopment standpoint, the Seventh Street site is superior. The school site may be less desirable because of the limited area for a second sheet and it may not draw as much business and corporate support from businesses in the downtown areas. Development Fee Reduction It is proposed that the fees be reduced to the extend necessary to support a quality facility. Under this concept the City Council gives staff the latitude to reduce fees based on a pro - forma that indicates that the reduction is necessary to make the project work financially. ALTERNATIVE ACTIONS 1. Motion lending support to MYHA efforts to organize development of an ice arena. Support to include granting preliminary approval of the concept of providing City owned land to either a non-profit group or to a private party (with conditions). The final location to be determined. Motion includes support for waiving of fees to the extent necessary to support construction of a quality facility and includes the commitment to cooperate in financially sponsoring a non- recourse bond. Motion authorizes city staff to work closely with the Point Group, Hockey Association and School District toward achieving the goal of development of an ice arena in Monticello. If it so desires, City Council could modify the motion by identifying a preferred site. 2. Motion to table the matter and request additional information. 3. Motion to deny approval of city involvement in this matter, or limit involvement as defined by Council. Under this alternative it is likely that the facility will be developed in another community. STAFF RECOMMENDATION This program could result in an ice arena without requiring ongoing general tax subsidy to support payment of debt or to fund operating expenses. The donation of the land and fee reduction will be offset by the long term positive economic impact that an ice arena will bring to the community. Therefore, the City Administrator recommends alternative 1. Under this alternative, City Staff will be working closely with Al Gagnon, the Hockey City Council Agenda - 04/08/02 Association, and others to support development of a plan that will ultimately result in an arena in Monticello. Final decisions with regard to arena location, total land area provided, and other contributions to be presented to Council for consideration at some point in the future. SUPPORTING DATA Letter from City Administrator to Al Gagnon. Graphics showing various arena locations. E MONTICELLO DATE: March 21, 2002 MEMO TO: Monticello Youth Hockey Association FROM: Rick Wolfsteller, City Administrator RE: Ice Rink This is just a quick note to tell you that Jeff O'Neill has detailed "The Pointe" ice sheet development program with each member of the City Council. There appears to be good support for city cooperation in this project. Four of the five expressed support of providing land and utilities necessary for the project at no cost. The fifth also supported land and utilities at no cost, but did so somewhat hesitantly. Four of the five were willing to discuss relaxation of fees. Although the City Council did not review the modified concept of granting land to a private party, it is my view that the net cost/benefit to the city is the same. Therefore, it is likely that the concept of granting land to a private party would be supported. I also discussed the various sites available. The Council did not consistently support one site over the other. It appears that the MYHA will have significant influence over which site is selected. Attached you will find various city owned sites that might work well. Although staff has not had the chance to discus site selection in great detail, we view the 7" Street site as a great location for the following reasons: Freeway location and associated visibility. Beautiful location for advertising arena and sponsors. Supports a positive image for the city. 2. Land area available for expansion to second rink. Additional land for park or commercial use. 3. Exceptional location for benefitting possible commercial sponsors. Close proximity to commercial area. 4. Proximity to Community Center convenient for joint uses. 5. Utilities readily available. 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 6. Convenient access on major collector road (7t'' Street). 7t' Street to be completed to Highway 25 soon. Please note that the Highway 25 site has strong points too. It appears that the site getting the least support at this time is the Community Center location due to the need to acquire land. However, this location should not be ruled out. Last of all, we understand that the High School location is receiving strong consideration. Although this is not the city's most favored location, it is certainly acceptable. It would be our hope that the MYHA would take a serious look at the 7t" Street site before making a final decision. You may find that the city's involvement in the partnership will be greater at this location. -A Possible Lockey Arena Site L.. ca,��ons may requiRe rezoning `.- ' \Requires Paving I\ I Power Lines Mobile Home Park Future Corn ercial i i - i Mobile Home Park ' r- 3 N A P L[ i T R C C T r, t1 1t i =_ —•r— I � .J 1-rri 1 i ,1 O ' i .r r; , r? r — r r i y i 7 o In jj _ x Z < 0 Z � y ;= � a � : •QO �I W 0IIV� a 1 n r -o- O D m WN VL 00 N �� j C lis �_•-= �X 'a � Illillllllll�i L '„ >t e I � ( ,-1 lilll��lllll� � 3 � I = �IIIIIIIIIiII� iilllilllil!iU r Illlll�llli'Iil T C u .'� U. S. 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TWIN CITIES SIGNS ` ' OR TOLL-FREE (�) 252-1166. SIGNS: I) VERtFY THE LOCATIONS AND ELEVATIONS OF EXISTING -' Y TURES PRIOR TO START OF SITE GRADING. THE N E NOTIFY THE ENGINEER OF ANY DISCREPANCIES OR R6 -2L R5-1 WAY 18'X24' . BLACK -WHITE WHITE -RED '� CONFORM TO MINNESOTA DEPARTMENT OF � 30'X30" QUANTITY 1 QUANTITY 4 . TION FOR CONSTRUCTION% 1988 EDITION (IMPERIAL) OR R SLL BE 13612 UNLESS NOTED OTHERWISE ON KAN. SQVICE I n24' R7 -8A - ORlYE � 'gr1ti 1at3s BLACK -WHITE WHITE -BLUE 12'X18" City Council Agenda - 04/08/02 8.. Public Hearing: Consideration of amendments to the single family zoning standards. Applicant: City of Monticello. (NAC/JO) REFERENCE AND BACKGROUND Attached to this report are three draft districts for the R-1, R-1 A, and R -2A zoning districts. They have been modified to reflect the discussion at the February public hearing and the March 12 meeting, including increasing garage size to 480 square feet, changing the R-1 finished square footage to 1,050 square feet, and adding language to require certain facade treatments in the R-1 district. The changes are highlighted on the summary table, also attached. One other change relates to finished square footage for rambler -style units. We have provided for a minimum of 1,400 square feet of finished space in such units, assuming a full basement or slab construction. The discussion at the Planning Commission meeting in February focused on a building size of 1,200 square feet. Staff felt that a larger size should be considered for two reasons. First, ramblers without walk -out basements do not lend themselves to creating more livable finished space, so a larger minimum size seems warranted. Second, 1,200 square feet would be the absolute minimum house size for a three bedroom home. One of the objectives of this project has been to create houses that families could grow into. Third, a 1,400 square foot finished rambler should cost out at about the same as a 2,000 square foot/1,050 finished square foot split level, so the ordinance would not be building in a significant cost -related bias for one style of housing over the other. ALTERNATIVE ACTIONS 1. Motion to recommend approval of the ordinance amendments for the R- l , R-1 A, R -2A zoning districts, and the subdivision ordinance changes relating to plat design and development. Standards do not apply to existing plats and the effective date to be August 1, 2002, with the finding that there are potential home owners that have arrangements in place that would be unable to build according to these standards. Motion based on the findings as identified in the planners report. This is the alternative preferred by the Planning Commission. In their motion to approve the ordinance amendments governing homes in the R-1 District, the Planning Commission recommended that the amendments take effect on August 1, 2002. It was their thinking that out of fairness, this additional time frame would allow developers and builders to complete plans that may have been set in motion prior to the moratorium. City Council Agenda - 04/08/02 On the other hand, delaying the effective date of the ordinance would result in reverting back to the old ordinance and might defeat the purpose of establishing the new code in the first place. Perhaps if Council would like to ease into the new ordinance it could follow the rules established under the modified moratorium which allowed single family homes to be constructed with a square footage of 960 sq. ft. if they included a three car garage and brick on 15% of the facade. In other words, maintain the "interim rules" for a few more months and then transition to the new standard in August 2002. 2. Motion to recommend approval per alternative 1, based on findings noted in the Planners report, and require immediate application of the new code upon publication of the ordinance. 3 . Motion to recommend approval per alternative 1, based on findings noted in the Planners report, but allow construction of homes in the R-1 District that meet standards of the interim rules. This allowance to occur until August 2002 when the new ordinance takes effect. 4. Motion to recommend denial of the amendments, based on findings that the changes will not have the desired impacts on housing and neighborhoods. STAFF RECOMMENDATION Planning Commission recommends alternative 1. Staff recommends the changes as submitted under alternative 2 or 3. The Planning Commission and staff believe that the City's goal of expanding the range of housing choice in Monticello is an important one for the long-term health of the community, both economically and socially. As noted in many previous correspondence, as well as the City's Comprehensive Plan, the lack of housing choice results in families leaving the community just as they begin to accumulate some wealth and because of children, begin to have a greater stake in the community and schools. While this premise had been discussed as relating to more mature families, it is manifesting itself even at the young family age group as the schools have seen declining enrollments even as the City's population and housing counts increase rapidly. It is believed that the proposed changes will help address some of the issues related to neighborhood quality, and hopefully, lead to families staying in Monticello for longer tenures. 2 SUPPORTING DATA City Council Agenda - 04/08/02 1. R-1 Zoning District, revised 2. R-1 A Zoning District, new 3. R -2A Zoning District, new 4. Summary Table of District standards 5. Planning Commission agenda 1/8/02 6. City Council Agenda 1/28/02 7. Planning Commission minutes 2/5/02 8. Planning Commission minutes 3/12/02 9. Miscellaneous background info from open house 3 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 6-5: Specific Performance Standards 6-1: PURPOSE: The purpose of the "R-1 " single family district is to provide for low density, single family, detached dwelling units and directly related complementary uses. 6-2: PERMITTED USES: The following are permitted uses in an "R-1" district: ---- no changes --- 6-3: PERMITTED ACCESSORY USES: The following are permitted accessory uses in an "R-1 " district: --- no changes — 6-4: CONDITIONAL USES: The following are conditional uses in an "R -IA" District (requires a conditional use permit based upon procedures set forth in and regulated by Chapter 22 of this ordinance). no changes --- 6A-5: SPECIFIC PERFORMANCE STANDARDS: The following standards shall be made of uses and new subdivisions in the R-1 District, in addition to those that may be applicable under other sections of the City's codes and ordinances. [A] Lot area: 12,000 square feet, average*. For any subdivision in an R- 1 District, no lot may be less than 10,000 square feet in area, and no fewer than 40% of all individual lots in the subdivision shall be equal to or greater than 12,000 square feet in area. [B] Lot width: 80 feet, average*. For any subdivision in an R-1 District, no lot may be less than 70 feet in width, and no fewer than 40% of all individual lots in the subdivision shall be 80 feet or more in width, as measured according to this ordinance., [C] Setbacks: Front yard, 30 feet average*. For any subdivision in an R-1 District, no house may be placed closer than 25 feet to any street right of way, and no fewer than 40% of all individual houses shall have front setbacks of 30 feet or more. Side yards, interior: 6 feet minimum on the attached garage side, total minimum setback widths for the two side yards of 21 feet. Side yards, corner lots: 20 feet on the street side, and no less than 6 feet on the interior side. Rear yards, 30 feet minimum usable. The rear yard shall include a space of at least 30 feet in depth across the entire width of the lot that is exclusive of wetlands, ponds, or slopes greater than 12 percent. [D] Building Standards: 1. Building Materials. No less than 15% of the front building facade of any structure in the R-1 District shall be covered with brick or stone. Any accessory building that can be seen from the street shall meet this same standard. Structures with front facades covered by at least 70% stucco or real wood may reduce the brick or stone coverage to 5%. The Zoning Administrator may approve optional facade treatments when additional architectural detailing so warrants. Such detailing may include usable front porches, extraordinary roof pitch or other features. 2. Garage size. An attached garage of at least 480 square feet shall be constructed as a part of any single family home. 3. Roof pitch. No portion of any roof of any structure in the R-1 district shall be less in pitch than 5/12, that is, 5 inches of vertical rise for each 12 inches of horizontal length. 4. a. Building size. No single family home constructed in the R- 1 District shall be built that does not consist of at least 1,050 square feet of finished floor space at the time of initial occupancy, and 2,000 square feet in finishable interior floor area, exclusive of mechanical, garage, or unfinished storage space. All such finished space shall be at or above the finished exterior grade, or in the case of lower levels, no less than 42 inches below such grade. b. No rambler style home (whether full basement below grade or slab -on -grade) in the R-1 District shall have finished floor space of less than 1,400 square feet at the time of initial occupancy, exclusive of garage space. C. Basements that are neither "walk -out" or "look -out" levels may be finished, but shall not be included in the finished square footage calculation. To qualify as "finished", space must have heat, flooring such as carpet, vinyl, tile, wood or other similar floor covering, and ceiling and walls covered with gypsum board, plaster, or wood, and be stained, painted or covered with other residential wall covering prior to occupancy. *Averaging of lot area, lot width, or setback dimensions shall be considered to be the arithmetic mean, not the median. For example, lot widths in a five lot subdivision could be 70 feet, 70 feet, 75 feet, 80 feet, and 105 feet: (70+70+75+80+105 = 400 feet, divided by 5 = 80 feet average lot width, with 40% of the lots (2 of 5) 80 feet or more in width). 0 Chapter 6A "R -IA" SINGLE FAMILY RESIDENTIAL DISTRICT SECTION l: 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 for low density, single family, detached residential dwelling units and directly related complementary uses. The R-1 A District is distinguished from the R-1 District in that it has more extensive development standards and is to be located in areas of higher natural residential amenities, including such conditions as woodlands, 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 following are permitted accessory uses in an "R-1 A" district: [A] Those permitted accessory uses as allowed in the "R-1 " District, under the same conditions as listed in that district. 6A-4: CONDITIONAL USES: The following are conditional uses in an "R-1 A" District (requires a conditional use permit based upon procedures set forth in and regulated by Chapter 22 of this ordinance). [A] Those conditional uses as allowed in the "R-1 " District, under the same conditions as listed in that district. 6A-5: SPECIFIC PERFORMANCE STANDARDS: The following standards shall be made of uses and new subdivisions in the R-1 A District, in addition to those that may be applicable under other sections of the City's codes and ordinances. [A] Lot area: 16,000 square feet, average*. For any subdivision in an R- 1 A District, no lot may be less than 12,000 square feet in area, and no fewer than 40% of all individual lots in the subdivision shall be equal to or greater than 16,000 square feet in area. [B] Lot width: 90 feet, average*. For any subdivision in an R -IA District, no lot may be less than 80 feet in width, and no fewer than 40% of all individual lots in the subdivision shall be 90 feet or more in width, as measured according to this ordinance., [C] Setbacks: Front yard, 35 feet average*. For any subdivision in an R- 1 A District, no house may be placed closer than 25 feet to any street right of way, and no fewer than 40% of all individual houses shall have front setbacks of 3 5 feet or more. Side yards, interior: 6 feet minimum on the attached garage side, total setback widths for the two side yards of 20 feet. Side yards, corner lots: 20 feet on the street side, and no less than 6 feet on the interior side. Rear yards, 30 feet minimum usable. The rear yard shall include a space of at least 30 feet in depth across the entire width of the lot that is exclusive of wetlands, ponds, or slopes greater than 12 percent. [D] Building Standards: 1. Building Materials. No less than 20% of the front building facade of any structure in the R-1 A District shall be covered with brick or stone. Any accessory building that can be seen from the street shall meet this same standard. Structures with front facades covered by at least 70% stucco or real wood may reduce the brick or stone coverage to 10%. 2. Garage size. An attached garage of at least 700 square feet shall be constructed as a part of any single family home. 3. Garage frontage. From side building line to side building line of any single family structure, no more than 40% of such building width shall consist of garage doors that face the street. Side or rear loaded garages are not subject to this regulation. An exception shall be made for garage doors that face the street, but are set back at least ten feet in back of the front building line of the principal use. ri 4. Garage location. No portion of any garage space may be more than five feet closer to the street than the front building line of the principal single family use. 5. Roof pitch. No portion of any roof of any structure in the R-1 A district shall be less in pitch than 6/12, that is, 6 inches of vertical rise for each 12 inches of horizontal length. 6. Building size. No single family home constructed in the R-1 A District shall be built that does not consist of at least 2,000 square feet in interior finished floor area, exclusive of mechanical, garage, or unfinished storage space. All such finished space shall be at or above the finished exterior grade, or in the case of lower levels, no less than 42 inches below such grade. In addition to the finished square footage requirement, no building in the R-1 A District shall have a foundation size of less than 1,400 square feet, exclusive of garage space. Basements that are neither "walk -out" or "look -out' levels may be finished, but shall not be included in the finished square footage calculation. To qualify as "finished", space must have heat, flooring such as carpet, vinyl, tile, wood or other similar floor covering, and ceiling and walls covered with gypsum board, plaster, or wood, and be stained, painted or covered with other residential wall covering prior to occupancy. *Averaging of lot area, lot width, or setback dimensions shall be considered to be the arithmetic mean, not the median. For example, lot widths in a five lot subdivision could be 80 feet, 80 feet, 85 feet, 90 feet, and 115 feet: (80+80+85+90+115 = 450 feet, divided by 5 = 90 feet average lot width, with 40% of the lots (2 of 5) 90 feet or more in width). ®r Chapter 7A "R -2A" SINGLE FAMILY RESIDENTIAL DISTRICT SECTION 1: 7A-1: Purpose 7A-2: Permitted Uses 7A-3: Permitted Accessory Uses 7A-4: Conditional Uses 7A-1: PURPOSE: The purpose of the "R -2A" single family district is to provide for medium density, single family, detached residential dwelling units and directly related complementary uses. The R -2A District is distinguished from the R-2 District in that it has more extensive development standards and is intended to accommodate small lot residential development in traditional neighborhood arrangements with high levels of amenities. 7A-2: PERMITTED USES: The following are permitted uses in an "R -2A" District: [A] Those uses permitted in the "R-1 " District, under the same conditions as listed in that district. 7A-3: PERMITTED ACCESSORY USES: The following are permitted accessory uses in an "R -2A" district: [A] Those permitted accessory uses as allowed in the "R-1 " District, under the same conditions as listed in that district. 7A-4: CONDITIONAL USES: The following are conditional uses in an "R -2A" District (requires a conditional use permit based upon procedures set forth in and regulated by Chapter 22 of this ordinance). [A] Those conditional uses as allowed in the "R-1 " District, under the same conditions as listed in that district. 7A-5: SPECIFIC PERFORMANCE STANDARDS: The following standards shall be made of uses and new subdivisions in the R -2A District, in addition to those that may be applicable under other sections of the City's codes and ordinances. [A] Lot area: 7,500 square feet. [B] Lot width: 45 feet. [C] Setbacks: Front yard, 15 feet. Side yards, interior: 6 feet minimum. Side yards, corner lots: 20 feet on the street side, and no less than 6 feet on the interior side. Rear yards, 20 feet minimum usable. The rear yard shall include a space of at least 20 feet in depth across the entire width of the lot that is exclusive of wetlands, ponds, or slopes greater than 12 percent. [D] Building Standards: 1. Building Materials. No less than 20% of the front building facade of any structure in the R -2A District shall be covered with brick or stone. Any accessory building that can be seen from the street shall meet this same standard. Structures with front facades covered by at least 70% stucco or real wood may reduce the brick or stone coverage to 10%. 2. Garage size. A garage of at least 450 square feet, attached or detached, shall be constructed as a part of any single family home. 3. Garage frontage. From side building line to side building line of any single family structure, no more than 50% of such building width shall consist of garage doors that face the street. Side or rear loaded garages, or detached garages in the rear yard, are not subject to this regulation. An exception shall be made for garage doors that face the street, but are set back at least ten feet in back of the front building line of the principal use. 4. Garage location. No portion of any garage space may be more than the front building line of the principal single family use. 5. Roof pitch. No portion of any roof of any structure in the R -2A district shall be less in pitch than 5/12, that is, 5 inches of vertical rise for each 12 inches of horizontal length. 6. Building size. No single family home constructed in the R -2A District shall be built that does not consist of at least 1,200 square feet in finished floor area, exclusive of mechanical, garage, or unfinished storage space. All such finished space shall be at or above the finished exterior grade, or in the case of lower levels, no no less than 42 inches below such grade. Basements that are neither "walk -out" or "look -out" levels may be finished, but shall not be included in this calculation. To qualify as "finished", such space must have heat, flooring such as carpet, vinyl, tile, wood or other similar floor covering, and ceiling and walls covered with gypsum board, plaster, or wood, and be stained, painted or covered with other residential wall covering prior to occupancy. 7. Landscaping. Lots in the R -2A district shall be required to provide significant landscaping. Within front yards, no less than 60% of the yard shall be landscaped garden area. No private driveway leading to a garage may be more than 18 feet in width. For the portion of the lot that is not covered by the structure, the property shall be landscaped with plant materials equal to one ornamental tree per each 1,500 square feet and one ornamental shrub per each 150 square feet. Lot area that is not covered by shrubs and trees may be covered with lawn, gardens, and patios or decks. A landscape security shall be provided to ensure the landscaping of each lot in accordance with this section. Table of standards for single family zoning districts Lot Area Lot Width Front Setback Side Setback - House Side Side Setback - Garage Side Rear Setback Roof Pitch Garage Size House Size Finished Size Foundation Size Garage Location Facade Detail Garage Frontage Landscaping Existinq R-1 12,000 sf 80 feet 30 feet 10 feet 10 feet 30 feet none two cars 960 sf none none std. setbacks none none sod and two trees per lot in new subdivisions New R -2A 7,500 sf, avg.* 45 feet 10 feet 6 feet 6 feet New R-1 12,000 sf, avg.* 80 feet, avg.* 30 feet, avg. 15 feet 6 feet New R -1A 16,000 sf, avg.* 90 feet, avg.* 35 feet, avg. 15 feet 6 feet 10 feet 30 feet usable 130 feet usable 5/12 5/12 16/12 480 sf 480 sf 1700 sf 1,200 sf 2,000 sf 12,000 sf 1,200 sf 1,050 sf 12,000 sf none none 11,400 sf no closer than std. setbacks no closer than 5 ft front building line in front of front of living space building line of living space 20% brick/stone or 15% brick/stone or 20% brick/stone or 10% if 70% is 5% if 70% is 10% if 70% is covered with wood covered with wood covered with wood or stucco or stucco** or stucco 50% of building none 40% of building width if front -facing width if front -facing special require- sod and two trees sod and two trees ments for front per lot in new per lot in new yard landscaping subdivisions*** subdivisions*** *Averaging of lot area, lot width, or setback dimensions shall be considered to be the arithmetic mean, not the median. For example, lot widths in a five lot subdivision could be 70 feet, 70 feet, 75 feet, 80 feet, and 105 feet: (70+70+75+80+105 = 400 feet, divided by 5 = 80 feet average lot width, with 40% of the lots (2 of 5) 80 feet or more in width). **Zoning Administrator may permit substitute facade details for the brick and/or stone facade ***New subdivisions shall also be subject to new rules, including 1) internalized ponding, 2) preservation of natural enities, 3) additional depth adjacent to collector streets, etc., 4) creation of naturalized areas at perimeter of .velopment, 5) additional landscaping along pathways Planning Commission Agenda — 01/08/02 6. Public Hearing: Consideration of a request to amend the Single Family Zonino, Districts by chanLyina lot sizes, setbacks, and performance standards. Applicant: Cite of Monticello. (NAC) REFERENCE AND BACKGROUND: The Cite has been experiencing a si`Inificant amount of residential development over the past few years. includin`I a record number of sin`Ile family plats. One of the objectives of the Comprehensive Plan is to provide for an opportunity for current and new residents to find "step-up" housing within the City. as a part of a full ranee of housing styles and prices. The bulk of the recent development has consisted of "entre-level" housil10 althoucyll the price of "entre-level" has risen dramatically. r The Comprehensive Plan envisioned that while the bulk of the housing demand in Monticello would initially be in the affordable market. hi`Iher amenity -sites would lead to more expensive housing he to both development cost and market opportunity. This objective has `Ione lar�Iely unfulfilled. as even wooded properties and hillside "vieNA" properties have seen some relatively uninspired housinu construction. Some pl•olects. promoted by their developers as step up 11ous1110 On prime sites. have evolved fi-om step- up to entry level projects by permitting small houses and almost no amenities. The concern that this raises for the City is that as the market matures and more expensive housinu becomes financially feasible for larger developments. the prime sites for such hOL1S111`I %gill have already' been consumed by earlier. lower cost projects. At staff level. this discussion has led to a set of sometimes competing objectives. The City"S infi-astl•L.ICtLire bonding requires some level of growth. and the industrial development efforts suggest that restricting affordable housing growth would interfere with the ability to attract a competitive labor Supple to the community. However. doillg nothing with the zoning allowances in the single family district areas'\VOLlld appear to accommodate the uninterrupted consumption of prime residential land by affordable housing options. to the detriment of the City'S hOLlS111`I `foals of providing for a full range of housing choice. including upper end nei<Ihborhoods. Staff s proposed solution to this issue is a tiered approach to single family zonin". including the creation of two new single family districts and modifications to the current R-1 District. Through a combination of standards relating to subdivision design. hOLISing construction and desiJn. and selective zonln�I district application. it is believed that the City will be able to accomplish each of its 11ousing `foals. This -.ask is accompanied by the Concurrent update to the Comprehensive Plan and the future land use plan. AS shown in the accompanying draft exhibits. the City w111 expect to apple each of its new districts in a manner that 1. Preserve high -amenity sites for more \-aluable 11OLISing. at the time that the market decides that such hOLISing is ripe for development (sooner or later). 2. Maintain the City*s interest in accommodating affordable housill2 opportunities for new development. 3. Provide for redevelopment in the original plat areas and other older subdivisions. 4. Ensure that neW 11OL1S1112 (whether "affordable" or more expensive) is desi`Ined to be architecturally attractive and a size that encOLIrages 1o11g- term nei<_Tllborhood stability and value. Planning-, Commission A,enda — 01/08/02 R-1 District. The components of the proposal include three zoning districts in place of the current R-1 District. The R-1 District would retain 12.000 square foot lots and 80 foot lot widths. Instead of a uniform ten foot side yard setback. the requirement would chain -le to a "5 and 15" approach used by many communities - fire feet on the attached cyarage side and 1 feet on the other. altllougll the actual ordinance use six feet as the 1111111111t1111 standard due to the City's requirement for six foot wide drainage and utility easements. This results in side building spacing between twelve and thirty feet. givin`gT a developer more flexibility to maintain views or preserve side yard trees where possible. The R-1 District would be located in most of the City's sin��le family land use areas. To avoid a development pattern that is exclusively entry level. the R-1 District would also incorporate new housing construction standards. rStaff is encouraging a minimum roof pitch of 5/12. a 1111111111t1111 floor area of 1.200 square feet finished. 2.000 square feet total space at no lower than the -lookout" level (up to 800 square feet may be unfinished at the time of initial construction)., and an attached garage of at least 450 square feet (increasing from the bare minimum of 400 square feet). R-1 A Single Family District. This District would be located in areas specifically identified as high amenity sites. Tree cover. significant views. water front or views. or other valuable natural features mav cause an area to qualify fol• R-lA designation. This new district would establish an averagin`cy approach to its increased lot requirements. Lot sizes would be required to average 16.000 square feet in area (no less than 12.000. and no fe,,\-er than 40% of all lots must exceed the 16.000 square foot size). Average lot width would be 90 feet. with similar minimum standards (80 feet. and no fewer than 40% exceeding 90 feet). Side setbacks would mirror the new R-1 standard (6 and 15). and front yard standards would also be avera��ed - 35 feet. with a minimum of 2� feet. and no fewer than 40% exceedin-o 35 feet). House sizes would be set at 2.000 square feet finished. The averaging approach for the lot size is intended to provide a built-in flexibility to permit the developer to design a subdivision that takes the natural features into account. Because the R-1 A District x7v-ill be applied in areas that by definition have natural features to preserve. the City will also make these standards a basis of the plat review - developers will be required to identify the valuable features of the site. then demonstrate that their project meets the preservation objectives of the Comprehensive Plan and the ordinance. As suggested previouslN-. it is acknowledged that the market for higher end residential housing is limited in scope at the current time. Developers who intend to meet this market would have a designated supply of land. If only a small number of these developments are proposed. the ordinance will serve to preserve those prime areas until the market can catch up. R -2A District. The current R-2 District provides for two-family homes and townhouses at densities of around seven to eight units per acre. Staff proposes the establishment of a new district to permit the opportunity to construct small -lot single family homes as well. There has been a recent market trend in sill`-Tle family development on small parcels. Pernlittin�_ this type of subdivision would facilitate an affordable single family option at densities similar to townhouse projects. These subdivisions have taken the form of both toWnhouse associations and traditional nen-Thborhoods. I PlannIna Commission Agenda — 01/08/02 An integral part of this zoning amendment would be the addition of design and architectural standards for housing developed in this district. While most townhouse projects \vould require Planned Unit Development review due to the base lot/common property arrangement. a small -lot single family subdivision could be developed without PLiD on public streets. A part of this concept would permit traditional neighborhood design with some significant departures from the City's typical setback requirements. The R -2A District is intended to transfer development cost in the affordable ranee from lot development to building construction. since staff has found that `'affordable" subdivisions of small houses on larger lots have not led to additions and upgrades in those areas. Examples of building and architectural standards would be minimum levels of brick and/or stone. size requirements that ensure lamer homes on the small lots. limits on garage front exposure. and enhanced landscaping requirements for both individual lots and developments in general. General Standards. The following table provides a comparative view of the zoning - related standards for each of the districts: The R-1 A District will, also have additional requirements for specific architectural details. including the folloxyin;T: • Minimum fagade material coverage of at least 20% brick or stone. or 10% with all stucco (instead of lap siding). • No more than 40% of the fagade of anstructure may be comprised of garage y door. • No garage portion of any structure may be more than five feet closer to the street than the principal residential portion. • Minimum foundation size for 1.400 square feet. in addition to the finished space requirement. to avoid small. totally finished houses that marainally meet the other requirements. In addition to the zoning standards. there will be subdivision review standards that \\ ill R-1 A R-1 R-2 A Lot area 16.000 s.f. avg y 12.000 sf 7.500 s.f. av�T.* Lot 90 feet. avg. 80 feet 45 feet. min. width House 2.000 s.f. 1.200 s.f. 1.200 s.f. finished size finished finished + Gara0e 700 s.f. 450 s.f. 450 s.f. size Roof 6/12 5/12 5/12 pitch Front 35 feet. avg.* 30 feet. avg.* 10 feet. min. setback Side 6 ft. (garage) & 6ft. (garage) & 6 ft. both sides setback 15 ft. 1; ft. Rear 30 feet usable 30 feet usable l 0 feet. min. setback Y AveraC7e standards will also incorporate minimum quantities and standards The R-1 A District will, also have additional requirements for specific architectural details. including the folloxyin;T: • Minimum fagade material coverage of at least 20% brick or stone. or 10% with all stucco (instead of lap siding). • No more than 40% of the fagade of anstructure may be comprised of garage y door. • No garage portion of any structure may be more than five feet closer to the street than the principal residential portion. • Minimum foundation size for 1.400 square feet. in addition to the finished space requirement. to avoid small. totally finished houses that marainally meet the other requirements. In addition to the zoning standards. there will be subdivision review standards that \\ ill Planning, Commission Aygenda — 01/08/02 apply to all neW subdivisions. These include the follo%viny: • Internalized ponding with street frontage. designed and landscaped to work as an open space amenity for the development in addition to its stormwater control function. • Subdivision desi`_n that identifies natural amenities of the site. and positively demonstrates preservation of those amenities. • Additional depth to lots that back up to undesirable features. including major roadways or negative views. including significant landscaping and berminy in those spaces. • Creation of naturalized woodland spaces where appropriate. such as the edges of development areas. or as a part of the open space system created by ponding and path�-a,,- areas. r • Additional landscape treatment along designated pathway routes. These requirements would be established as the nlinimunl standards for any residential subdivision. Planned Unit Development projects would be required to demonstrate design that starts with these minimums. then adds amenities to justify PUD flexibility. A part of this process is intended to reduce the reliance on PUD generally by addin;( some flexibility in buildin�a) setbacks. The concept would build additional standards into all subdivision design. not.just those that require PUD. In summary. the proposed changes would add a significant level of subdivision design standards to all residential projects. The purpose is to raise the level of quality that is "built-in'_ to the community's residential development. and to insist on higher standards regardless of density. Because the highest level of the housing market may be present only in shall amounts. an acknowledged result of these chan(yes will be to preserve certain areas that are identified as havin`` hi`lier natural amenities for future development. The R -?A District will accommodate smaller lots. but will require that the homes will be as large as those in the Citv's standard shwile family areas. If the Planning Commission is not comfortable \N ith the proposed amendments. the Planning Commission may wish to table this item pending additional study and/or input from developers and builders. ALTERNATIVE ACTIONS: Decision 1: Amend the R-1 Zoning District by adopting new setbacks for front and side yards. house and garaue sizes. and building standards. 1. ilotion to recommend approval of the amendments to the R-1 District. based on a finding that the changes will ensure higher quality single family development, consistent with the direction of the Comprehensive Plan. r ?. J lotion to recommend denial of the amendments to the R -I District. based on a finding that the chan7es will have a negative effect on the pace and/or st ale of housln1 In the community. Decision 2: Amend the Zoning, Ordinance by establishing-, an *'R -IA" Zonino District which requires large lot and house sizes. and incorporates ne\�, huildin<) standards for sln(.-'le fan111y 11Otls11lS3. 4 K] Planning Commission Agenda — 01/08/02 1. Motion to recommend approval of the establishment of the R-1 A District, based on a finding that the district is needed to ensure step -tip housing in the community. and to preserve high -amenity sites for such housing. 2. Motion to recommend denial of the establishment of the R-1 A District. based on a findinu that the district will interfere with the market for housing development. Decision 3: Amend the Zoning Ordinance by establishing an "R -2A Zoning District which allows for small -lot sinule family housing. and incorporates building standards that permit -detached townhouse'" or "traditional nei�(hborhood" design. 1. Motion to recommend approval of the establishment of the R -2A District, based on a finding that the district will complement the other zoning in the City to allow for high-qualit`,, affordable housing in neighborhoods that will maintain value over time. ?. Motion to recommend denial of the establishment of the R -2A District, based on a finding that the district will allow single family housing at a density that is too high. Decision 4: Amend the Subdivision Ordinance by addinc, new design standards for subdivision layout. natural amenity preservation. and other requirements. 1. Motion to recommend approval of the subdivision ordinance amendments, based on a findinu that the amendments will help ensure that future subdivision design will increase quality of neighborhoods both in the short and long term. ?. Motion to recommend denial of the subdivision ordinance amendments. based on a findinu that the chanues would be overly restrictive and inhibit flexibility in subdivision design. STAFF RECOMMENDATION: Staff recommends adoption of the amendments. as a part of the City's overall approach to housing development and growth. As noted in the analysis, one of the treat concerns relatinL) to the Citv's �(rowth has been the value and quality of the new development. both at the time of the construction, and as the nefl(Aborhoods mature. Staff reviewed several building permits in various subdivisions. and spent time observing hoxv earlier de,'elopments had matured. It was found that the size of the lots had only marginal influence over whether residents had maximized the value of the properties. and whether residents tended to add rooms and remodel. or move out to other housing. One of the strategies that the City had relied on in the recent past was anticipation that the combination of hhyher development costs and higher amenity sites would result in step-up housing opportunities. and several de,,,,elopers had indicated that they had planned such housing. After finding that the hi17h amenity sites \yere being developed with housing that differed little fi-onthe lower amenity sites. staff believes that the changes proposed in these amendments will help to achieve the housing goals in a more "proactive fashion. It should be noted that staff does not believe that the market for housinUT In Monticello 04 Planning Commission Agenda — 01/08/02 will suddenly chancre to a majority of $20,000 homes. The great pressure is expected to continue to be dominated by the "entry level' homes, now commonly priced in the $160.000 ranee. However. it is believed that the step-up market will grow as the housing, market continues to mature. The changes proposed here are intended to identify sites that will eventually- be well suited to such housing,. If a developer wishes to build in that market immediately. the land and zoning will be ready. In not. the most attractive land will be preserved until the market ripens. In the meantime. the amendments are structured to be sure that there are ample supplies of R -I and R -2A lands to fuel the affordable market. SUPPORTING DATA: Exhibit A — R-1 Zoning District (Revised) - to be provided at the meeting. Exhibit B — R- I A Zoning District (New) Exhibit C — R -2A Zoning District (New) Exhibit D — Subdivision Ordinance Amendments - to be provided at the meeting. 6 `�J Cite Council Agenda - 01/218/02 9. Consideration of Adootinc, Interim Ordinance Temporarily Prohibiting the. Approval of Building Permits for Homes that D{. Not Meet Proposed Single Family Residential Standards. (JO) REFERENCE AND BACKGROUND, At the previous meeting of the City Council the City Council acted to establish a short term moratorium on construction of homes that do not meet the draft single family- residential standards presented to the Planning Commission for review. The Citi Attornev sucrgests that the City follow-up this action xvith an ordinance. Subsequent to the Council establishment of the moratorium. the Planning Commission conducted a pre -planned information gathering/feedback session with builders and members of the public. The meeting was well attended by builders and developers. The primary purpose of the meeting was to �(Yather information re`(Tardin`- the proposed ordinance amendment. At the meeting we wanted to explain the rationale and purpose behind the ordinance amendment. obtain feedback on the impact of the ordinance on builders/developers and identify possible improyenw-rit to the draft language to present to the Planning Commission a the public hearing on February 5. To some extent the presence of the moratorium tended to cloud the discussion and give developers/builders the sense that the preliminary draft regulations would ultimately become the final lan�(uage. On the other hand. the moratorium gigot the attention of the building community which probably enhanced the meeting turn -out. Following are the bi�(,�est issues that came out of the meeting relating to the Moratorium. 1. Establishment of the moratorium and or adherence to the minimum building standards is poorly timed relative to the 2`1 Addition of the Groveland Development. • The Groveland development currently has about 75 lots left in the second addition. This particular addition will be the most difficult for the developer to complete due to the presence of the power lines. a -as lines and nearby commercial. There is a stron;(T concern that the 1.200 square foot e� minimum will bring home prices significantly above the market at this location and thus have the unintended result of completely stopping development. The city has financed the improvements via the assessment process so there is a vested interest for the city to have the project completed. Cite Council Agenda - 01/28/02 • The developer and builder agree that the homes in this addition are relative1v small. but feature three car garages and are designed to have some street appeal. The developer believes that he and his builders have met city expectations and should not be punished for problems created by other developers. • The developer feels that it is unfair and illegal to make changes to the R-1 standards after a project/development agreement has been approved. A number of purchase agreements between bu-\-•er and builders were in place prior to the moratorium. Builders will be forced to default on these agreements. • The Groveland development is in the Parade of Homes event. Some of the models identified in the Parade will not meet the standards as proposed. The builders have a specific model that they need to be able to duplicate. Issues relating to the proposed ordinance amendment to be reviewed by the Planning Commission at the next meetin��. Followin` are comments or issues raised at the informational meeting that will be included in the Planning Commission discussion that could have an impact on the draft ordinance. • Regulation of building size will not necessarily assure quality construction or resale value. Architectural detail. curb appeal. required three car garages add value but do not always relate to buildinu size. r • The ordinance as written will encourage split level homes. The R-1 standards as written will result in homes that cost more �� than most people can afford. All affordable homes will be pushed into the new R -2A district. Limitations on garages in the front of homes «-ill add expense to dome bulldlnL?. • See other detail provided in comment sheets and in letters provided by MapleNvood Development and Bruggeman Homes. Cite Council Agenda - 01/28/02 3. There xvere positive observations by developers as follows: • Establishment of an R- I A standard preserving high amenity areas made sense to everyone. ® No objections to the R -2A district however there were some suggestions regarding set -back, building size and lot dimensions. Application of the 1,200 square foot minimum could work if based on an average home size. • Appreciation for the opportunity to provide detailed input on development of the ordinance. ALTERNATIVE ACTIONS 1. Motion to adopt Interim Ordinance Temporarily Prohibiting the Approval of Buildinu Permits for Homes that Do Not Meet Proposed Single Family Residential Standards. This is the alternative Council should select if it wishes to formally follow-up with the same action that was completed at the previous meeting. 2. Motion to adopt Interim Ordinance Temporarily Prohibiting the Approval of Building Permits for Homes that Do Not Meet Proposed Single Family Residential Standards - but exempt homes from the moratorium that have a minimum square footage of 960 square feet (current code is 864 Nyith two car garage). three car �parage and brick covering 1 J% of the facade facing the street. Under this alternative. the City Council would allow homes to be constructed that might not meet the eventual R-1 regulations in terms of size only if the home is at least 960 square feet. includes a three car garage area. and if 1% of the front of the building includes brick. Exempting homes from the moratorium under the conditions above would be based on the notion that the presence of the additional garage area serves to increase the value of the home and provide storage area necessary to maintain a quality neighborhood. Under this alternative Council would be making the conclusion that smaller homes with these attributes should be allowed to be constructed until there is an actual code chane that would dictate otherwise. Under- this alternative. the Groveland Development homes «-ould be exempted from the moratorium. City Council Agenda - 01/28/02 �. Motion to waive off the moratorium STAFF RECOMMENDATION Staff recommends alternative 2 because it will accomplish _- re 111L11LkJ1r the moratorium without unduly restricting development on existing approved plats. SUPPORTING DATA Draft Ordinance Parade of Horne requirements for builders. Information from Residential Standards — Open House. 4 CHAPTER 30 AN INTERIM ORDINANCE TEMPORARILY PROHIBITING THE APPROVAL OF BUILDING PERMITS FOR HOMES THAT DO NOT MEET PROPOSED SINGLE FAMILY RESIDENTIAL STANDARDS WITH EXCEPTIONS SECTION: 30-1: Intent 30-2: Exceptions 30-3: Temporary Prohibition 30-4: Effective Date 30-1: INTENT: This ordinance is intended to allow the City of Monticello time to study and adopt appropriate land use controls regulating the construction of single family- 1lomes. 30-2: EXCEPTIONS: This ordinance shall not apply to homes with a square foot living area equal to or greater than 960 square feet and have a three car garao re containing a total square footage of 640 square feet. and have a front facade treated Nyith brick. Brick area to equal 15% or more of facade area. 30-3: TEMPORARY PROHIBITION: Pendine the adoption of appropriate official controls. no building permit application for single family residential structures not meeting exemptions above shall be accepted. processed. or approved. 30-4: EFFECTIVE DATE: This ordinance shall take effect and be in frill force from and after its passage and publication. It shall remain in effect until the adoption of the official controls contemplated herein or 45 days. whichever first occurs. Planning Commission Minutes - 02/05/02 6. Public Hearing: Consideration of a request to amend the Single Family_ Zoning Districts by chan2in2 lot sizes, setbacks, and performance standards. Applicant: Citv of Monticello. Steve Grittman, City Planner, provided the staff report. noting staff had previously submitted material related to a new zoning district known as the R-1 A District, as well as changes to be discussed relating to the existing R-1 District and another new district known as the R -2A District. Since the time that those ordinances were first discussed, the City Council declared a moratorium on the construction of certain homes that would be affected by the proposed zoning changes, and an open house was held to receive comments from builders and developers in the community. The open house was well attended, particularly in regard to the moratorium. The comments received at the open house broke into those addressing the moratorium application, and those addressing the ordinance changes. Grittman and O'Neill provided a summary of those comments and supplied copies of the Council report and comments. Essentially, concern was expressed that the house size requirements were overly restrictive, and that the City would be compromising its housing market and affordability by adopting the changes. In general, staff s response has been that the objective of the changes that have been discussed was to increase value, and raise the level of housing construction that has occurred in the community over the past ten years. One of the consistent issues raised by the housing being built is that due to design and small size, families move into housing that does not accommodate growing families. Staff has observed that few, if any, of the recently built neighborhoods have seen building additions to expand livable space. Instead, families choose to buy other housing as they move up in space needs. The concern is that the move up market is locating outside of the area, affecting both the City's housing stock and the School District's enrollment. Grittman summarized what the three proposed districts were initially designed to accomplish as well as providing some concepts that were developed after meeting with staff and from the open house, and provided the criteria for these concepts. He stated that the minimum square footage and total finishable square footage of 2,000 raised the most concerns/comments. Staff tried to accommodate the city's housing needs for entry-level by creating a R -2A zoning district, adding some standards, while also being flexible in regard to set backs, which would still enable people to build affordable housing and have the housing be of a higher quality. In essence this would be trading lot size for development costs. Another concept was to require that all new subdivisions be reviewed and considered by the city to increase the level of design amenities rather than just engineering factors as they wanted aesthetic amenities as well such as natural area preservation , enhanced ponding, and paying more attention to the edges of these subdivisions. Grittman provided information on the existing Rl district standards as well as the -5- Planning Commission Minutes - 02/05/02 proposed standards. He advised that a lot of the standards used an averaging concept, trying to fit in some flexibility allowing developers to deal with existing topography, save more trees, etc. Facade requirements would have brick and stone minimum requirements for R-1 and R-1 A. Chair Frie asked if the City Council had asked for a minimum of 15% brick facades and O'Neill stated that this was proposed by the Council but was not initially proposed by staff, and this was also discussed with builders at the open house. O'Neill added that the Planning Commission could add this into the ordinance amendment if they wished to, but that it was not originally put in. There would also be additional landscaping requirements in the R -2A district due to smaller lot sizes. O'Neill advised that the Planning Commission was provided with copies of all the comments received at the open house as well as prior to this meeting. He added that projects which were already in progress that had at least 15% brick fronts, 3 stall garages, and at least 960 sq. ft., could proceed. He also stated there were comments regarding the required building sizes where some felt that they may not accomplish the city's goal of higher value homes just because they are larger. Some also felt that the new standards would cost more than what people can afford. O'Neill stated another question was where would the R -2A districts be placed, and he stated this really is a future question but that it would eventually become an issue. O'Neill felt that most agreed that higher amenity areas should be preserved. Also, there were no objections to R -2A district with smaller lot sizes. It was also suggested that an average square foot minimum be calculated in the R-1 district, but from a staff standpoint it would be too difficult to regulate. Chair Frie stated he it was necessary to define affordable housing, entry level housing, high density, and upscale housing. He felt that affordable housing should be called work force housing. Grittman stated there really was no definition for upscale housing. He stated what they have tried to use was a working definition for what he and staff all entry level housing and this is defined as housing in the $150,000 price range. Grittman stated this was what it would take to get into a house in Monticello. O'Neill added that these definitions were not based only on dollar amounts or locations. Herbst questioned the number of developers coming in with a home that would cost under $150,000, stating that is the reason for the entry level housing term. O'Neill advised that staff is concerned with having a balance of housing stock and the need for preserving higher amenity areas for upper end homes, while at the same time having the R -2A standards in place to maintain affordable housing/entry level housing. He also advised that for work force housing there are projects already in the place to provide that level of housing therefore maintaining a supply of work force/affordable housing. Dragsten asked if a development's housing would be split up to reflect these different districts and Grittman advised that this would be done prior to developers coming in with proposed projects. He also added that our ordinance does not set up a set of criteria for PUD's and there is not much objective material, therefore the reasoning for the R -2A district. 0 x Planning Commission Minutes - 02/05/02 Richard Carlson asked if currently the majority of the homes being built meet the standards of 1200 sq. ft. and O'Neill stated that there are some that are having difficulty in meeting that size such as in the Groveland area. These standards may slow down the building there, also there aren't many amenities in that area, therefore the City Council stipulated that the homes with 960 sq. ft. minimums, along with the other standards requested, could proceed. O'Neill added that they could gather additional information regarding size requirements from other communities. He stated that staff felt having the larger size homes may keep people in their homes longer. Herbst stated that he felt from a City Council standpoint in regard to increasing sizes of homes, which he stated has been a goal for sometime, he feels that what they have been seeing is smaller type homes this year in areas where they did not expect them. He also felt there should be flexibility for lots that do not have as many amenities and could have a smaller sq. ft. home on it. Frie added that he would like to not focus on the Groveland development as there are others in the city who have not met standards as well. Robbie Smith stated that some of the comments from the open house were to increase curb appeal versus house sizes. Smith asked if the concern was that families were outgrowing there homes and there was no step up housing for them to move into so they leave the community to find that type of home. Frie stated that he felt that the school district was using this as an excuse and it is not correct as there are not developments in the City sitting empty. O'Neill added that at the school board meeting they stated that the kindergarten class size was smaller for next year and class sizes overall are less. But, O'Neill added that on the census data it states just the opposite. Grittman summarized that basically the 960 to 1100 sq. ft. home is really a two bedroom home, and once the second child is born, they are moving out to a larger home and if Monticello does not have it, they move out of the community. Roy Popilek asked Staff if an average house built today, without a finished basement, is 1200 sq. ft., and stated that perhaps the 960 sq. ft. minimum is still the right size as they still have the lower level to finish if they cannot afford to buy a larger one. Frie agreed with Herbst in that the criteria of these areas, whatever the City Council adopts, should be flexible and that over the course of a few years could be adjusted. O'Neill also added that about 35% of our housing stock is rental and apartments, stating this is really the first attempt at adding upscale housing. Chair Frie opened the public hearing. Ray Anderson, resident of the Monticello Village Apartments, stated they sold their house in anticipation of buying a smaller home. He asked if a basement was required on a 1200 sq. ft. house and Fred Patch stated no. He also asked if the 3 stall garage is the minimum standard and Patch stated that it was. Anderson then asked if there was a maximum size for a garage and Patch stated up to 1,000 sq. ft., and that there were other provisions in the ordinance as well. Anderson did add that the house he wanted to build would be approximately 1200 sq. ft. with no basement, and he would be comfortable with these standards, however he felt the City was driving younger people out as they could not afford to build here. Patch advised that application of the new R1 standards in the old town or original plat, deserves some -7- Planning Commission Minutes - 02/05/02 review. Renewal of our downtown area is what staff would like to see as well, with some fine tuning of the standards as well as grandfather clauses. Robbie Smith questioned the number of people looking for step-up housing, what is the percentage of people already living here in entry level housing and then moving up, and do we have an over population of starter homes. He also felt there are more new people moving in to these new developments versus people moving around within the city. Smith stated he felt we have enough affordable housing such as in Cardinal Hills and Klein Farms. As a general rule, new people are moving into these entry level homes being vacated by people moving into step-up housing, or into new developments with larger homes. Chair Frie asked Mike Cyr, MLC Building and Remodeling, about building a 960 sq. ft. house requiring a 3 car garage, and Cyr stated he felt people would not build that small of a house and have a 3 stall garage. Cyr added that he is not opposed to the proposed standards. Smith asked if we were to leave the RI district as it is, would we still need the R -2A district. Cyr added that his new development would fit an R -2A and feels there is a legitimate need for this district, and that it helps to provide work force housing. Richard Carlson advised that according to the current R1 standards someone could build a 600 sq. ft. home and only finish a certain amount of it, and it would meet the requirements. Roger Paulson of 6499 Fallon Ave NE, asked about the proposed locations for the R-1 A district being in the township and not the City, and how does this work in regard to the annexation process, who determines what is to be annexed into the City. O'Neill stated that the process for annexation if driven by a developer and/or property owner and that they look at the comp plan first and then decide from there. The city does not determine when or where annexation occurs, but in the planning process, staff identifies in advance what these areas would be zoned. Larson asked if annexation happens in pockets or is it a continuum, and O'Neill stated in the past they have annexed in pockets, but in recent years it has been more of a progression. It would have to be contiguous to the City due to the cost of extending utilities which would make it almost impossible to annex those areas further out, and traditionally it has gone from inside the city, out. O'Neill also added that in the Monticello Times there was an article stating Pelican Lake as an area for R-1 A and that it is not staff's intent to go out that far. Frie stated it is not the intent of the City to jump out that far for an R -IA district, but that the City needs to plan for this in the future. Grittman also advised that this could have stemmed from a map that staff had been using which may have shown these areas further out, but this would be 20+ years from now. Dave Klein, D. Klein Construction, stated he thought the plan was a good idea regarding R -2A, but he does feel the R -IA standards may be a little too hard to build at this time. -8- 061 Planning Commission Minutes - 02/05/02 He feels it will take time to build to those standards. He states the battle for him to get customers to Monticello is that they have to spend a little more, building permit costs are a factor, although he has not looked into neighboring communities to see what their costs are. He also agreed that ramblers are an issue, as he could not get someone to build a 2000 sq. ft. rambler not including a basement. He stated the R-1 standards works for him, he does agree that we need an area for R-1 A in Monticello, but he gets very few customers in that price range. He also stated taxes have an impact. Chair Frie asked about the roof pitches and both Cyr and Klein stated that is all they build. Popilek asked if the 1200 sq. ft. standard would scare some buyers away and Klein stated that it would work with using the R -2A standards, stating he mixes his housing and makes them fit, and that brick frontages is always part of his building. Patch asked Klein if the 1200 sq. ft. minimum requirement with 2000 sq. ft. finished is a problem, and Klein stated he would like to see the minimum be 1100 sq. ft. Kevin Lee, Princeton resident, added that he agrees that the rambler situation needs to be looked at. He felt 1200 is a big jump, especially someone coming in to town or staying at entry level, the 2000 sq ft would be too much. He also questioned the setbacks in the R-1 district. Grittman added that the 10 ft rear set back is in the R -2A district, but there is flexibility in that standard. Herbst added that maybe a standard to look at is the potential of 1000 sq. ft. finished with potential for up to 2000 sq ft. Denny Nelson, Progressive Builders, stated the square footage is a concern as most of their homes are in the 1000 sq. ft. range and are selling for $150,000, and that they have 3 stall garages, brick fronts, and are seeing the average homeowner staying for 5+ yrs and finishing their basements. He feels it is too much of a jump in the R-1 district and that actually the 960 sq. ft. is sufficient. Robbie Smith states that the real issue is that in the R-1 there is no foundation size minimum stated in the ordinance. Patch also added that possibly trading 1200 sq. ft. finishes with 960 sq. ft., and 15% or more brick on the front, would be an option. Smith stated he felt that 960 sq. ft. finished, 2000 sq. ft. total would seem acceptable and Nelson stated he felt that would work for them. Chair Frie then closed the public hearing. There was further discussion among the members and staff with Popilek adding that while he is pleased with the work by staff and Grittman, he still felt that the 1200 sq. ft. minimum was too much and he felt more comfortable with possibly 1100 sq. ft. Also the need to address the rambler issue. Dragsten felt 1200 sq. ft. finished would not achieve the objective of having larger homes, and possibly 960 sq. ft. in addition to garage, people could build on from there. He also felt the requirement for a percentage of brick/stone should be worded differently to stated other types of materials that would be acceptable such as decks or porches, and -9- g Planning Commission Minutes - 02/05/02 that some types of homes would not look right with brick or stone on the front. Herbst stated that staff probably would not want every home in the city to have brick or all developments would look the same. Some possible wording was blending of materials, stating no one material can take up to70% of the house in the R-1 district, garage size should remain at 450 sq. ft., noting that in the R-1 district the garage size up to 700 sq ft. would be fairly large. Garage location was also an issue with Dragsten. Carlson also had a concern with the rambler situation, also adding that there should be flexibility regarding the 15% brick standard such as front porches. There may have to be an architectural review process for those that deviate from the required standards. O'Neill stated that possibly the Planning Commission could give staff better direction and then meet again, but Chair Frie stated he would like to make a decision now. Herbst advised that the moratorium did not stop building and the intent was to stop more small homes being built in the areas where there are larger homes already. There was further discussion on the standards for ramblers, possibly a rambler that was slab on grade would have a minimum requirement of 1200 sq. ft., but 2000 sq. ft. finishable on ramblers with a full basement, and a garage size of 480 sq. ft. minimum. A MOTION WAS MADE BY ROY POPILEK TO TABLE A DECISION ON THE SINGLE FAMILY ZONING DISTRICT STANDARDS, PENDING STAFF REVIEW, UNTIL THE MARCH 5, 2002 PLANNING COMMISSION MEETING. ROD DRAGSTEN SECONDED THE MOTION. Motion carried unanimously. M Planning Commission Minutes - 03/12/02 9. Continued Public Hearinv- - Consideration of adoptinc4 amendments to the Zoning Ordinance relating to single family residential lot and development standards. Applicant: City of Monticello. Steve Grittman provided the staff report advising the modifications which he summarized and provided to the commissioners. Attached to the report were three draft districts for the R-1, R-1 A, and R -2A zoning districts. Grittman stated that they had been modified to reflect the discussion at the February public hearing, including increasing garage size to 480 square feet, changing the R-1 district's required square footage to 1,050 sq. ft., and adding language to require certain facade treatments in the R-1 district. One other change related to finished square footage for rambler -style units, which provided for a minimum of 1,400 sq. ft. of finished space in such units, assuming a full basement or slab construction. The discussion at the previous Planning Commission meeting focused on 1,200 sq. ft. Staff felt that a larger size should be considered for several reasons. First, ramblers without walk -out basements do not lend themselves to creating more livable finished space so a larger minimum size seemed warranted. Second, 1,200 sq. ft. would be the absolute minimum house size for a three bedroom home. Grittman advised that one of the objectives of this project had been to create houses that families could grow into. Third, a 1,400 sq. ft. finished rambler should cost out at about the same as a 2,000 sq. ft./1,050 sq. ft. split level, so the ordinance would not be building in a significant cost - related bias for one style of housing over the other. Chair Frie opened the public hearing. Hearing no response, the public hearing was closed. Jeff O'Neill provided comments from developer Tony Emmerich, although he did state that the 1,050 sq. ft. minimum was not out of line, but stating that he preferred to leave it at 960 sq. ft. and was hoping the City Council would allow him to continue under the former standards that they started with in the Groveland Addition. Frie asked if the conditions that Groveland's plat was developed under be adjusted and O'Neill stated that is a question for the Planning Commission to determine, stating it was their original intent but it is up to them whether they want to require that. Popilek and Frie stated they did not feel that would be fair to the developer. Grittman stated that the Planning 13 <5 Planning Commission Minutes - 03/12/02 Commission seems to be confusing the two issues as there currently are not standards in place for the R-1 district. He also advised that this would be similar to the garage standards added last year. Popilek again disagreed and stated he felt they owe this much to the contractors to allow them to continue with the standards that were in place at the time they applied. Herbst stated that these contractors/developers were not in attendance at the first public hearing when this issue was discussed and wondered why they had not attended to state their concerns. Popilek and Frie felt that this should be applied to all new houses, not houses that have already begun the building process. It was stated however, that when ordinances were put in place regarding the garages, all new permit applications had to conform to the new standard. Grittman advised that this issue has been discussed for several months now and should be no surprise to builders/developers. Frie stated that timing was a concern to him and also who would be affected by it. O'Neill stated that part of the problem would be how to keep track of who came in when, who abides by the new standards and who does not, stating this to be very difficult for staff. He also stated he did not feel it was unreasonable or unfair as developments that were proposed for higher end homes came in with less than what they had proposed, and that is what brought this issue into motion. Frie advised that he is in favor of the standards, as well as most people he has spoken to, but that his concern is who it affects. Herbst added that the people purchasing homes in certain neighborhoods where they are paying more money for their homes do not expect the builder to come in after the fact with lower standard homes. Smith added that he had a question on rambler square footages and Grittman again clarified, that the objective was to find a balancing point for opportunity for expanding homes. Dragsten asked about addressing facades in the R-1 district where they currently do not apply and it was noted that the Planning Commission could add them to this district if they chose to. Grittman also clarified the standard for garages on 45 sq. ft. lots that no portion of the garage could be in front of the house. He added that if building on a 45 sq. ft. lot they would be forced to put parking/alley in the back. Dragsten felt the standard should be 12 feet, although Grittman advised that this only applies in the proposed R -2A district. A MOTION WAS MADE BY DICK FRIE TO RECOMMEND APPROVAL OF THE ORDINANCE AMENDMENTS FOR THE R- l , R-1 A, AND R -2A ZONING DISTRICTS, AND THE SUBDIVISION ORDINANCE RELATING TO PLAT DESIGN AND DEVELOPMENT. ROY POPILEK SECONDED THE MOTION. There was further discussion by Frie that he does support the ordinance but he questions the reasoning for the ordinance amendments as stated in the staff report where it states Ell Planning Commission Minutes - 03/12/02 that the proposed standards would help address some of the issues related to neighborhood quality, as well as the statement regarding populations and their affect on school enrollment. O'Neill added that the comments regarding school population was based on anecdotal evidence and he did agree that statistics should be prepared that either verify or refute the anecdotal information. There was further discussion by Dragsten stating again that he would like the standard for garages to be extended to 12 feet in front of the house and included in the R- I and R-1 A districts as well. Also to include in the motion that this does not apply to existing plats where lots are already in and the effective date to be August 1, 2002 due to the finding that there are potential home owners that would be unable to build according to these standards. Smith asked for clarification from Dragsten and he stated that he felt they must have the same rules apply in all districts. Grittman clarified that his standard gives the builder flexibility to do something other. Herbst stated he did not agree with the August 1 date. ROD DRAGSTEN AMENDED THE MOTION TO STATE THAT THESE STANDARDS DO NOT APPLY TO EXISTING PLATS AND THE EFFECTIVE DATE TO BE AUGUST 1, 2002 WITH THE FINDING THAT THERE ARE POTENTIAL HOME OWNERS THAT HAVE ARRANGEMENTS IN PLACE THAT WOULD BE UNABLE TO BUILD ACCORDING TO THESE STANDARDS. RICHARD CARLSON SECONDED THE MOTION. AMENDMENT PREVAILS. MOTION CARRIED UNANIMOUSLY. 15 1�' ■ JAN. 25. 2002 10 : 21 AM Tony Emmerich Construction Inc. 1875 Commercial Blvd. BIW Andover, MN— 56304 Phone (763) 755-6554 Fax (763) 755-6311 j Date: I I ( Company: Attention: i ' Pages including cover Sheet: i From: IVIom0: phone: ti N0. 544 P. 1 ' JAN. 25, 2002 10 : 21 AM 12 Noon - Enm, DeadlinE Wednesday, October 17: Late ertrsy deadline — S11 00 per day maximum fivE day/z 500 penalty. Novernbf S M T W T F 5 4 5 6 7 E 9 1i 12 13 14 15 16 17 `�'• 1E 19 20 21 22 23' 24 25 26 27 28 ZS 3o ;i�-, Gctober5 M T W T F S M,14� Z 3 '1 r. a> '� tP 14 15 9 10 1 1 12 13 16 17 1;; 19 20 23 :t > x,cyt.4 21 1s 16 17 18 19 2S 2S 30 31 12 Noon - Enm, DeadlinE Wednesday, October 17: Late ertrsy deadline — S11 00 per day maximum fivE day/z 500 penalty. Novernbf S M T W T F 5 4 5 6 7 E 9 1i 12 13 14 15 16 17 `�'• 1E 19 20 21 22 23' 24 25 26 27 28 ZS 3o ;i�-, January {S^27`4 �''6 •frQ •3�a^Sb 1 2 •2L��x.i��� < ':v5 �+ Z 3 '1 6 � yls 7 B g 10 11 12 Q 1s 16 17 18 19 20 27 � 1 22 23 24 25 2E 2E 29 's0 31 3 4 Wednesday, October 10: b 12 Noon - Enm, DeadlinE Wednesday, October 17: Late ertrsy deadline — S11 00 per day maximum fivE day/z 500 penalty. Novernbf S M T W T F 5 4 5 6 7 E 9 1i 12 13 14 15 16 17 `�'• 1E 19 20 21 22 23' 24 25 26 27 28 ZS 3o ;i�-, Thursday, November 8: Pira proofs marled to sunders. hur_ruy, November 15: "irm proof- f1 i JSi be rE-umec to tilt B,47 C. _cS u� t �D poli a home (: �� t' fee lecc Sr 100 re zur ned). Wri LL nctRl ticrl must be received by t irz BATC afT-ICe on Gr be ore ii:. UGLY • Last chance to subsicuze or movE e n.'= more than one mile (r;lug. s;.Ebrr1 yi G v� nEw E^t}- form, hudrcr'S ar Kirg's ,^lap photocopy; and 5luepdnt to rl�e SATC;. lAcnda},, De.-ernber 3: puiider-submill— ed camem-ready arT due (only line art accepted). NO, 544 P. 2 Dec er 5 DA T W T F S 1 2 3 4 5 6 7 S 9 10 1; 12 13 14 15 16 17 18 * 20 21 22 1:i,D � 25 26 27 28 2� March f S lu T W T F S i 1 2 S M T W T F 5 3: 10 11 12 i3 1 2 3 4 5 6 7 b 9` 10 !1 12 13 14 i5 16 ;�w 17 18 19 20 21 22 Z- 24 24 25 26 27 28 Thursday, November 8: Pira proofs marled to sunders. hur_ruy, November 15: "irm proof- f1 i JSi be rE-umec to tilt B,47 C. _cS u� t �D poli a home (: �� t' fee lecc Sr 100 re zur ned). Wri LL nctRl ticrl must be received by t irz BATC afT-ICe on Gr be ore ii:. UGLY • Last chance to subsicuze or movE e n.'= more than one mile (r;lug. s;.Ebrr1 yi G v� nEw E^t}- form, hudrcr'S ar Kirg's ,^lap photocopy; and 5luepdnt to rl�e SATC;. lAcnda},, De.-ernber 3: puiider-submill— ed camem-ready arT due (only line art accepted). NO, 544 P. 2 Dec er 5 DA T W T F S 1 2 3 4 5 6 7 S 9 10 1; 12 13 14 15 16 17 18 * 20 21 22 1:i,D � 25 26 27 28 2� March f S lu T W T F S i 1 2 a 5 6 7 9 9 10 11 12 i3 14 15 16 17 1E 19 20 21 22 L- 25 25 26 27 25s 29 30 Thursday, December 13: Final prooir mets bE returned to the BATC Las ,Chance to sub_titute o- movE entries less than one mIIF_ but within the sane city (must submit X100 with new e:itry form, Hudson or Zinc Map phctozopy and blueprint tc the BATC). I! your SltE is noi: represented ir, the Hudson or Kings map book, plEase submit SOME SORT Or MAP -- City, count); MIIDOT, etc. Final price chance dezdiine. Last date to banner a horne "Not Available for Showing", Wrilnn notification due m BATC on or before this date. approved building permit. February 9 - March 3.- 20,02 :20;02 Parade of HomEs Spring Preview" Days and hours: Thune, -Sunday, i 2 noon - b p.m. '(ortday, htarch A- D : Dcre,.0 =i S Arc, must be removed by 5 p.m. (Encore Event parucipanL please mfe- t0 Encore cuideline coming Soon.) Friday, March 15: Thursday, December 6: Directional signs must be returned to the BATC of ice on or Fir a; proofs maned to builders. before this dare- 00 are-i0 i• c r s a i *6 fi !` rpo• 00 4 e•! e KL1 @•••,*tc t t• t &a ape goes To enter a home in the Spring Previews°, the following items mus be submitted to the Buk,)Ers Association of the Twin Citi`s by Wednesday, October 10, 2601. l NDATORY CERnFICATE OF LIABILITY INSURANCE c0-�CL 6uilder 1 i r" . �s�rne .ntr} Form 0(\iE OfiI.:IldAt FORM PER zNTRI', showing coverage through 33/02. L'% n> PLLk5E F' N`i OR TYPE! Thir Lorin includes m„ap, mex-L and price P4=copy of your current MN RESIDENTIAL Please tali Liada Jacobson at 65i -697-7568 if you need addi<ional V CONITRACTOWREMODELER LICENSE f for rmi. - one per builder (` CHECK for S i,9� for eadl home, payable to: BUILDrRS Hudson or Kings reap photocopy or please submit &OME S0� V ASSOC-11471 OF THE TWIN CITiLS (or BATC). You :nay inctude 0: MAP — dty, COunzy, MNDOT, ETC. WITH MODEL SITE f all entries on one aleck INDICATEDr eo h ennv. rF-us2s. To o). ;1 SIGNED PARTICIPATION AGREEMENT (t'2 rules) - one per builder Qq.7),ONAL BUILDER INTERNET INFORMA-110N FORM, RODUC, SHOLerC� E -N i•RY FORM ELUEPRIN7 ELEVATION cf he bomE (do not supply a blueprint 'd `y FEATURE HOMES ENTRY FORM you are reu5in5 art elevation from a previous event or are providing ' NT):RNI_, OPPORTUNITIES FORM protea)05al v JAIN. 1�. M2 I''.1 -)AM NO. X44 F. 3 Z019 BUILDERS ASSOCIATION OFTHE TMN Cm:� PARADE OF HOMIES SPrRINr, PREVItV1'W ftrade of Participation Agrs-�ment c� �r+c rv►K OITI[i Iv order to he eligible to participate is the Parade of Homes Spring Freviewa, bril'Wing lira; nest r►avr completed fide home; for satisfied customers and must be a mernber In good standing (a member in good standing mean that you het nc accormts recai4nat1JE balance and dues are current and you bave. provided t4a BATC with a photocopy o, your current Mid Razldertbal Ca tra-larfilamodr-.ler li;cenze). Class G b0derc are not Eligible for participation. I hereby agree to akide by the following rules and regufal7oa~ . The entry deadline Is Wednesday, October i0, 2001. tf my entry L not recelved by October 10, i agree to pals a $1,00 per day penzly, with z maximum al a five (5) dayf"�00 pEno.1, 2. I under.,cu td that all builders or developer: who rave ar, naive ovrnerrhip inf-rest ir, the Parad..of Hcrna& entry, o: who share in the profrtz from the sale of the Parade of Homes" entry, ;rust be members in good G=dirg o` the builders Assoclation of toe Twin Cade: and adhere to rnemberhip guideline✓ for paNclpaJon. 2. un :erstand tttzt the price in the Pamte o; Hcmes$ mac�ine is the reprodu.ible primo of ttie rouse and 1044 entared `as shown,` ex ludinc- orIly tumiture, winnow trE=e=, freIE--sZndlno applian=s and fm--szandinp audioMdeoMsual components. All "built-ins," including ouftt-ir; applianc:s, waJlAaper, landscaping. and Isom sprinkler syszerns are Inciuded In the Parade price as well as achttectural or intarior design lee:, paid spe-jals, 7inanclnc and con, missions_ There wll; be no misleading or confusing pd:inra. ibe penalty for violation of this rule may irc.ode foss of eligiiIlilty tar up to two f rade of Horten eye, -,t arm, Frobabor, lar Ftp to tame years. C4-) ur►ders►and t!X if I am in viol non due to 2 price dis,.mp zncy (i.e., price on hand-outs, brochurs, the intarnet, or W.,' c higher tja- u`le pi:bliShSd magazine price), the penalty :Bay icclude loss of eligibility tar ap tc- tv►ro Parade of Haines" events and probation for op to three years. A disqualified entry will bE ineligible for the 2002 Reggie,12003Trilliur Awzrdl competition. i AGREE TO OFER MY PARADi HOMES' OR DUPLE ATiON OF PARADE HOUSE FOR SALE FDR N'0 MORE i rl�,h' INE PRICE APPEARING IN THE PARADE OF HOMESs" MAGAZIiNE ON AN EQUALLY -VALUED LOT (LOT COS' X- REQU[RED SIT: ff PROI tJ,Ei�%) T� 1ROU5H THE LAST DA" OF T"HE E1, NT (THIS INCLUDES BANfNERED Kowlr-S). 5 M,y home enLry, i` new, has neve, been occupled, and will be staffed and opE;, for public viewing during all Parade of Hornas.w hour:, l also zgrer that my home will be complete and ready for Showing by 12 noon, Saturday, Febrsary 9, Ms opening day of the 2002 Parke of home` Spring Preview, It my house will be incomplete, unsafe, or not available for showing at the time the Parade of Hornes' opens and I fai; to meet the December 13, 2001 dezdline to banner a home, 141 notify the BATC In wrt;ing that my home will be unavailable for showing and not put up any related signage. I am still fn violation and suDfec, to penalties. TI1e penalty for violation of .this rate may include pmball.im for up to three years. If I don'. notify the BATC In wrung prior to the event stating the home is incomplete, 1 will not be a!lowaf to�oper, during the event vett^ FaradE of Homes' sianaga, even ii I get the CEnlfiorte of Occupancy. The penalty for ula—AIe condltlons ma}, include iass o` eliglb;lifl for up to two Parade of Hame.N'" evanL znd probatioz for up to ihree years. If the entry is baririerer and i complete the home during the went, I wdl The able tc open when i receive the Certificate of Occupancy, completed and returned tf e BATC r Ettication Form and a member of the Parade of Homes' committee h:w confirmed completion of the home. The deadline far natirig "incomplete:' Ic Thursday, December 13, 2G01_ A complete house is an= on Which all Items are completed and the builder ha secured L ce fiat e` occuparicy from the cIty. For the Parade of Homes Sprfirtg Previewer the only exception tt this rule are sidewalks, anlveways arid stucco appG;eton. Addltionally, 2 `class 5" roadv.sy and "class 5" drhteway or boardvraik must be it) placE tc provide safe access to the home. If I cannot com-PIetz my home for any reason, i will no2y the BATC in venting five (5) day;, before the ar2nt;L;,rr.:. it my home is,cornplet:lyfinished, but does riot have final gook -ups to electric, sewer, waver or gas, the house may still bE shown, if nc safe:y i�►azards are presented, and the SATG is not►7ied in writimy. iampor ry hEa, and electric must still be proviaed to the home A copy o'tht CE-ldficati o` occupancy will not be requested by the BATC unie s E h1c,71e is zliegei; r b_ iacompler: rJndEr B.AT- 0 rules. 7. If a home ne ds to be ; uriered °not availab►: for showing", a )Ghee must be subm ry along unit, evidence 03"2n approved 'building Dent!, to show that your entry was made in good fain►. Tnere Its no peaatty for bannaring your entry with an approved buuding pent Lack of good filth about he Complc"t7C;'i of ��hi liar, : is z file vi;;latior� aric subiev^t to penalties. . E. I will ensure mat the grcrin�,-s surmundi ig my entry, of tiir, my control, are neat and ordet� I Wili no' hart: or. the home, inside or outside.. duririp Parade of iomesll,`,�ours. 9. I agree tri; al: information on the entry and Tri!fium/Reggie forms will come frorr, the bul!der z7m t,;at Iii accuracy wil! be my msporsibility. The iliustrtian and tEsoripuor: must c.;.;.urztely rafiect the home as shown and not be misfeadi;no to the corTsumer. ThE psaalty lar violation of this rule may incluz!: pral;aUun tc,- up to three ye-=. 1C. For Parade Of Homes rail participatfor,, REggie Award�- winninw entries are no: 61igl;rle for participation is the 2002 Fal,` Snowcase Reggie Awa, � of Excelie nce` competition_ 11. I agree tc ;,a rr 4a 1, insu2nce on my Parade Home' from February 9 - March 3, 2022. 1 understand that a 'copy of this certificatE of insurance is a requirement for e nt, and that ME'cErdficate Ma—L e E subrnlaed by `^a prow` d,sdune. 12. Proofs should be signed by the builder representative and must be returned to tete BATC of-fic by the date nom or, the proofs. If, sleeted proofs are not returned, any miMkes In the printer boot; will be my responsibility, i ag%z that any errors cr omission_ corceming my home(s), the mops, or my firm In the magazine, or in any related advertising, press miesses, etc., veil be [hhed to a maximum refund of my event entry fee. I agree to call any errors is tit. z Ien, on of the. 6,1, TLC in v,^,lung by February 11, 200.2, pipe one- ParticfpzUvr, Agreemeat YIU JAN. 25. 2002 10 : 23AM .3. Di,ec�ic;a' sna shouls be piaoeb Friday, February 6, 2032, and must be rOmOVEU� by Monday, h►F cti 4, 2032, by 5 p.m. Builars who havE signs rC,mfatning after 5 P_ai. will be penalized S10 per sign, with a maximum pe ;a Of $;,"' per enfr}'. I agree tc abide by the current sign plscemeni policy of nhe SkTC as oes;,rioed in the Parade of domes Spring Prev',."v � informEi or, Guld-. 14. The large m ZEI yard sign nus: b! piz;ed nEar the ent—anCe of the Parade mode: in clroer to better direct consumers tG your erRy. Your metal sign rzay be usEd after the event as 2 marketing tool until one monbh prior to the star of the 2002 Parade of Homes Fall Showcses". ,a. IP,cluaed in my entry tee s 4 w0 sign esuow fee which Will be returned to man atter I return my direcidonal suns to the BATC officio 2960 Urrtre PointE or., Rzsevi(iE Mil' 55,13. I will return my signs by Friday, Aitatch 16, 2002. No ratunds veil be made tor suns returned atter Friday, March 15, 2002 The dir=`oral signs rsmair, the pieaert) of thE Builders Asscciailur, and can be removed for cause. Tb. tf 1 choose not t , enter my PGradE Tome in the TrllilumlReggia Award"' judging, eery cane may still be inspected by a represen a5ve from the B�,TC tC E^sure L4at the hc,^1e is open during Parade hours, is the :ern pr'u^.c as iirEu in the tr2g:zine guide, and is complete. These homes ori , not be published or recognizes in thE Triihum/REcaie Award_ program i undsr►and that thE representatives have a = era, and have the right to taLt pleuras of any su spaded ruic violvioi, Inside or outside of my P4f;de hornet. 17. If i sell my t.:rne prio- to the sir of the event =, after fine! proofs are returned and allow the buyer to add upgrades atter the price c1i2nge online, I =-, still be judge; In the TnJlium/Reggie Atvi•�1' compet dor, at the new sale price of the home. A IE—6W and o Copy of the purchaSe zgraer:`.,ii must bE submitted M ttt. BATv nffica ten slays prior tD Me start N0. -544 P. 4 of tfie event An explani2lory sign vfdh the new price must be provided by the BATC ant mus, be displayed in my home. There is no penA, ri you follow this procedure. 1 cannot change the price after the price change deadline if I sell my home to anyone employed by my company. lis. If i have sola my homy and the boyar warns to move in prior to or during the evens i wAi provide thE BATC with a copy of the purchase agreement showing the closing date and the dates the home will not be open to the public_ I understand I must provide a BATC approved sign notifying the consumer thE home is sold and unavailable for showing. 9. 1 agreE that the pullout, date for removing my entry from the Parade of homes Fpll Si,ow:asel;` magazine Its Thursday, November 15, After that date, my entry fee will not be returned and the home vdU appear in the magazine. A typewritier, ie m, must be received by the BATC officE by November 15. There are no exceptions to this Nle! Prior to November 15,1 will receive a refund of ail but the .100 administrative fee. iven i, under is o:c be iii vio�abon of tnirPar:icipatian Agreement- By greement By signinn thir to -m, I a:1:nowledpe i have read and wetztand the rules of participator, ie the Parade cf Horner " event and the vialalJon of tbi<se rate may lead to fuss of eligibllitt, for iubr;e Parade of flames°" everrf_, 110 of eligibitfts far Ttililum,'Reggie Award of Ezalfeax" awards and tiac of arida al pra13a1io>v.. 7 *,c Tol I/ fill te DEVELOP MEruT COs1tSTACfC7K2N INC. 3030 Granada Avenue North - Suite A Oakdale, Minnesota 551 %8 (612) 777-5869 Office (612) 777-8007 Fax January 18, 2002 Mr. Jeff O'Neill City of Monticello 505 Walnut Street Suite 1 Monticello, MN 55362-8831 VIA FACSIMILE AND U.S. MAIL Re: Proposed amendments to the residential district standards. Dear Jeff: The following will summarize my comments relative to the proposed amendments to the residential district standards dated January 8, 2002, as shown on the City's Planning Commission Agenda. Although arranged by topic, these comments are in no particular order, and are confined to the R -2A standards now proposed. LOT SIZE- The IZE The proposed standard is a 7500 square foot lot area minimum, with a 45 foot lot width minimum. This seems a little out of proportion, since a 45 foot lot width would, in effect, dictate a 165 foot lot depth. This would result in very long and narrow lots. I would iike you to consider a smaller lot area of 6000 square feet as a minimum, but with a 50 foot minimum width requirement, resulting in a standard lot size of 50 feet by 120 feet. This is much more consistent with the standard we have seen in other cities, and really provides for a more efficient use of land. Please also note that in the proposed site plan on the Ken Schultz property, we are showing a 60 foot minimum lot width to accommodate three car garages, and greater space between the units. SETBACKS The front setback should be set at a 20 foot minimum, to allow for proper driveway lengths and potential sidewalks. The rear yard setback should be 25 feet, to allow for patios, recreation areas, and some sense of green space LAND DEVELOPMENT • CONSTRUCTION • DESIGN CONSULTATION MN Builder License #1071 <6 bebAleen the homes. I would further suggest that the side yard setbacks be set at 5 feet, provided that the 50 foot minimum width be adopted. ROOF PITCH The 5/12 minimum is acceptable, but it does not provide for anything of significant architectural interest. I would propose a 5/12 minimum. GARAGE DIMENSIONS Garaoe sizes should be based on, 2 foot increments, since that is how houses are really built. This would mean reducing the square footage minimum from 450 square feet to 440 square feet (20 feet by 22 feet) for all garages. The requirement that imposes a maximum of 40% of the fagade as garage door is a little puzzling. Its ultimate effect may be to discourage three car v garages, which was the reason we were compelled to propose 60 foot lot widths or the Schultz -property, in the first place. This may be bad for values, and I think it is a requirement that is a little presumptuous of architectural and aesthetic beauty. I think this requirement should be eliminated. if it cannot be eliminated, i want to clarify that the 40% maximum applies to the garage door only, and not Other areas of the fagade of the garage. SQU, .RE FOOTAGE M1141MUM The 1200 square footage minimum is fine as described in ybur proposed standards. The exclusion of mechanical areas in this calculation is loa restrictive,.! and, in my opinion, is unnecessary. I would like you to consider eliminafing'th'is clause from the calculations. INTERNALIZED PONDING WITH STREET FRONTAGE This requirement limits site plan design too much. An access via easements to ponc:ing is su�,iciznt and appropriate. MINIMUM FAgADE-20% BRICK OR STOKE i would suggest that this restriction allow for materials made of "fiber cement" ( i. e. Hardie Board ) so that different front finishes can be allowed and encouraged. GARAGE The proposed requirement places garages at no more than 5 feet closer to the street than the house. Again, requirements as broad and restrictive as this 0 2 presumes too much about aesthetic value and beauty. It does not help to promote better projects. LANDSCAPING The ornamental shrub requirement should be changed to a "shade tree" with a list of approved trees provided by the City. The requirement for 60% of the front yard to be landscaped garden area is hard to understand as a requirement that is necessary or even appropriate. The 18 foot maximum width on driveways is fine if that is the maximum width at the curb. But this should be allowed to be altered with architectural approval. In summary, I think the attempt to establish architectural standards is a very worthy effort. I do think that sometimes it is best served by the City's control over and requirement for restrictive covenants that include a set of architectural standards. This allows for an evaluation of each development proposal, and an approval based on the merit of that individual neighborhood design. It is my hope that PUD proposals, such as the one we are contemplating X or the Schultz property, will be met with a sense of cooperation that results in achieving the building of a neighborhood that we all will be proud of now and twenty years from now. Thank you for your attention to these matters. if you have any questions, or wish to discuss these issues further, please feel free to call me. wely, l Mario J: -Cocchiarella Preside/ht RUGGEMAN-H O JE; Building Quality Since 1959 January 23, 2002 Mr. Jeff O'Neill Deputy Administrator City of Monticello 505 Walnut Street, Suite 1 Monticello, Minnesota 55362 Re: Proposed changes to zoning ordinance Dear Jeff, Thank you for the opportunity to review the draft zoning ordinance amendment as outlined in your letter dated January 11, 2002. As we are not currently developing property or building homes in Monticello, our review was based on a limited understanding of the issues. As you are aware, we are purchasing property in Monticello Township with the intention of annexing the property into the City. Upon review of the draft ordinance, we assumed the R-1 A zoning will not be applicable to our project due to the site and market constraints created by the adjacent interstate freeway and the "lack of tree cover, significant views and water frontage,". Therefore, our review of the ordinance was focused on the proposed changes to the R-1 zone and new R -2A zone. in general, we believe the changes to the ordinance are appropriate and consistent with the City's objective to "ensure new housing is architecturally attractive." However, the standard to increase the finished square foot size to 1,200 could result in unintended economic impacts to the City. As part of our due diligence process, we recently completed a market study for new single family homes sold in the City of Monticello within the last year. The study involved 135 homes sold as listed properties for a price less than $300,000. The study revealed the following: 1) The average home sold for $162,000. 2) Sizes ranged from 912 FSF to 2,140 FSF. 3) The average size was 1,200 FSF. 3564 Rollingview Drive • White Bear Lake • Minnesota 55110 • 651 -770 -?981 • Fax 651-770-9273 A- w.bruggemanhomes.com • n;bLa 40 Mr. Jeff O'Neill January 23, 2002 Page 2 We conducted a "what if" analysis of the impact of eliminating houses with less than 1,200 FSF. This analysis resulted in: i) an average home price of $1855,100 (an increase of $23,100). 2) elimination of 101 homes from the market (75% of the market). 3) an average home size of 2,000 FSF (an increase of 800 FSF). The study included only listed homes, and thus covered about 1/3 of the total market. It is reasonable to assume the study is probably indicative of the entire market. Potential elimination of 75% of the market and increasing the average home price by over 1 41/o could have a severe impact on affordable housing and employment growth in the City. Reductions in permit fees and area charges collected could also have a strong financial impact. This information is provided to the City to assist in its review of the ordinance. trust this information will be helpful in evaluating the City's decision. Please contact me if you have any questions or if we can provide further assistance. Sincerely, i L,-, �l Gregory '. rSChlink Bruggema Properties LLC C: Mike Gair, MFRA Paul Bruggeman, Bruggeman Properties LLC i 1 E S Building Qualit-, Since 1959 January 23, 2002 Mr. Jeff O'Neill Deputy Administrator City of Monticello 505 Walnut Street, Suite 1 Monticello, Minnesota 55362 Re: Comprehensive Plan Dear Jeff, Thank you for the opportunity to provide comments regarding the City of Monticelic's proposed revisions to the comprehensive plan. We understand the City is considering a revision to the comprehensive plan which may include the property we intend to purchase at the Southwest corner of Haug Ave. and 95" Street in Monticello Township. We respectfully request the City to consider a land use designation for the property which would allow low to medium density residential development. As discussed previously, we have prepared a sketch plan for the property showing a mix of residential uses. It is our preference to deveiop the property as a master planned community with a mix of single family, t%Lwin family, and town homes. The project would be similar in concept to our Summerfield development in Forest Lake. Product types in Monticello may differ according to market conditions, but amenities will include -a City park, wetlands and natural open space, a v,/alking trail and street landscaping. We encourage you to view the Summerfield project and would welcome the opportunity to provide a tour to anyone interested in seeing the project. We have reviewed the Feasibility Report for Maplewood Development and Southeast Area prepared by WSB and dated December 5, 2001. T he report indicates sanitary sewer may be available to the parcel with some modifications to the existing system. We further understand some of these system improvements will support development efforts in other areas of the city. We would agree to participate in our pro rata share of the sanitary sewer improvement costs. r X564 Ro11 ri gview Drive • 'White Bear Lake • Minnesota 55110 • 651-770-2981 • Fax 651-i70-9.'7; w u w.brugRemanhomes.com - A1B1_z -oe_ Mr. Jeff O'Neill January 23, 2002 Page 2 We also understand some additional improvements to the City's 'plater system may be required to the serve the property, and will require further study in the future. As the property is currently within Monticello Township, we intend to petition the City for annexation upon approval of the comprehensive plan revision. We welcome the opportunity to discuss the land use issues with you n detail and strongly encourage the City of Monticello Planning Commoissimore City Council to consider this request. Please contact me if you have and questions. Thank you for your consideration. y Sincerely, U� Gre ry J1�. Schlink BruH an Properties LLC C: Paul Bruggeman, Bruggeman Properties LLC Greg Smith, Tyler South LLC Jim Cassidy, Tyler South LLC Gene & Lois Bauer Earl & Virginia Husak Mike Garr, MFRA Comment Card............ Residential District Design Standards zn Name Addi-ess � � � L)--) 0 u -,-j ) C" City /1p Phone (7 3 1. What are your Issues Concerns Nvith the proposed standards? aM4. J -,Lc ct, cl� 2. Gene al Coniment...;: Sianature c Q511C -7 a,3 3. c-1 P� C ..�7 c.�'� ` J GI`s-`' _� 1 '`��"� `� �" �--'t= a---!'�} "Drol) off or `fail to Cit -v Hall �05, NX'alnut Street Suite I :� E, Monticello, NI N. 5-5-3 M61 Comment Card ............. Residential District Design Standards zn Name 14�4 Address Zip Phone rlL�, 1. What are Four Issues /Concerns with the proposed standards" 2. General Comments: Signature Drop offor Mail to 0"- Hall 505 NValnut Street Suite I ]Monticello, N.,I,-N. 55313 'K, D Comment Card ............ Residential District Design Standards Name Phone ( Address c1tv zip I 1. What are your Issues / Concerns with the proposed standards? 2. General Comments: Signature Drop off oi-.N,Iail to City Hall 505; Walnut Street Suite I IN-Ionticello, NIN. -55313 Comment Card............ Residential District Design Standards Name �e �1(,. � A ))J.5`:, ✓\ Phone Address W / u ef Cite ; l 4- Zip SS --3 `( 1. What are your Issues / Concerns with the Proposed standards`' i c 1 2. General Comments: l' r-- �. , Si nature v,; �. Drop off or NlaiI to Cite Hall 50-5 Walnut Street Suite 1 <;� .� �{ ►�-� �� tiu "�' �� K".Z Monticello,I ti. „3 13 1 rA 00 00 00 ao oa Ct J)es sta"d;)rds cidl- ess 411 Pliolle citv arc, J"o r ISSIJ CSS /,Con �nth t" Pro no Sed Standard, G rn eif 1-51 Si;zn a ofy. or li In ljt st C IIl. Ionticol -I-eet s- all o, 'IVI'N. Ulte I /� _ _ �.c 2- Surnmary Sheet - Proposed Zoning District Standards R-1 A District Standards a. Lot Area - 16.000 square feet. average b. Lot Width - 90 feet, average C. Front Setback - _35 feet, average d. Rear Setback - 30 feet usable e. Side Setbacks - 6 feet garage side. 15 feet house side f. Roof Pitch - 6/12 g. Garage Size - 700 square feet h. House Size - 2.000 square feet finished The R -IA District also would include a series of architectural standards applying to front facade, garage door size in relation to house width, garage front location in relation to house location, and a minimum foundation size of 1.400 square feet. R-1 District Standards a. Lot Area - 12.000 (no change) b. Lot Width - 80 feet (no change) C. Front Setback - 30 feet average (changed from 30 feet firm) d. Rear Setback - 30 feet usable (changed to add requirement for usable area) e. Side Setbacks - 6 feet garage side. 15 feet house side (changed from 10 feet both sides) f. Roof Pitch - 5/12 (new standard) U Garage Size - 450 square feet (changed from "two -car garage') h. House Size - 1.200 square feet finished. 800 additional square feet finishable (changed from 960 square feet) R -2A District Standards a. Lot Area - 7.00 square feet average b. Lot Width - 45 feet minimum C. Front Setback - 10 feet minimum d. Rear Setback - 10 feet minimum e. Side Setback - 6 feet, both sides f. Roof Pitch - 511') (7 Gara`e Size - 450 square feet h. House size - 1.200 square feet (no additional square footage required) Council Agenda - 4/8/02 9. Consideration of ordering feasibility report, accepting feasibility report and authorizing preparation of plans and specifications for Groveland Phase III Proiect No. 2002-02C. (JO) A. REFERENCE AND BACKGROUND: The city Council is asked to order and accept the feasibility study and order the plans and specifications for the improvements to the Groveland III residential subdivision. This project is supporting development of 170 residential lots. The total construction cost of the project is estimated at $1,000,000. The cost to the City for oversizing utilities ($44,405) is offset by the trunk fees that will be funded by the development. The entire cost of the roads, pathways, sidewalk and utilities is being funded up -front by the developer. These funds will be provided to the City at the time the project is ordered. City costs associated with plan development have been funded by the developer. B. ALTERNATIVE ACTIONS: Motion to adopt a resolution ordering and approving the feasibility study and authorizing the preparation of plans and specifications for the Groveland III residential subdivision. 2. Motion to deny adoption of resolution order and approving feasibility study and authorizing the preparation of plans and specifications for improvements to the Groveland III subdivision. C. STAFF RECOMMENDATION: The City Administrator recommends alternative #1. At such time that the project is ordered and final plat is approved, the developer will be providing a cash deposit to the City providing coverage to pay the contractor and other costs. D. 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