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City Council Agenda Packet 06-25-2007 AGENDA REGULAR MEETING - MONTICELLO CITY COUNCIL Monday June 25, 2007 - 7 p.m. NOTE: SPECIAL MEETING AT 6 P.M. FOR RENTAL ORDINANCE WORKSHOP Mayor: Clint Herbst Council Members: Wayne Mayer, Tom Perrault, Brian Stumpf and Susie Wojchouski 1. Call to Order and Pledge of Allegiance 2A. Approve minutes of June 11,2007 Regular Council Meeting. 3. Consideration of adding items to the agenda. 4. Citizen comments, petitions, requests and concerns. 5. Consent Agenda: A. Consideration of ratifying hires and departures for Parks, Water and MCC. B. Consideration of monthly renewal of pawn shop license for Walt's Pawn Shop. e. Consideration of an amendment to the development agreement for Carlisle Village 5th Addition. D. Consideration of accepting proposal for Human Resources Consulting Services. E. Consideration of approving a reduction in retainage from 5% to 1 % on the contract for the interchange project, City Project No. 2004-01 C. F. Consideration of accepting feasibility report for Tower Drive Improvements, City Project No. 2007-08C. G. Consideration of approving a request for concept stage planned unit development for a proposed commercial development. Applicant: 251 PartnershiplMike Schneider H. Consideration of approving a request for amendment to Planned Unit Development for expansion of open and outdoor storage. Applicant: Sunny Fresh Foods. 1. Consideration of approving an amendment to a conditional use permit for open and outdoor storage, open and outdoor sales and display and automobile repair-light in a B-4 (Regional Business) District. Applicant: Moon Motorsports J. Consideration of adoption of resolution supporting State of Minnesota bonding request relating to acquisition to YMCA property. Agenda Monticello City Council June 25, 2007 Page 2 K. Consideration of accepting Kampa Estates Drainage Improvements, City Project No. 2006-21C and approving request for final payment. L. Consideration of approving appointment of Terry Berg to the Finance Director postion. M. Consideration of approval of Riverside Cemetery Fence Donation program. N. Consideration of authorization to proceed on process for establishing a Stormwater Utility Fee program. O. Consideration of amendment to City ordinance regulating traveling shows. P. Consideration to prepare change orders for Dalton Avenue, Dalton Court, and Dalton Way Street and Utilities and Appurtenant Work, City Project No. 2006-15C. 6. Consideration of items removed from the consent agenda for discussion. 7. Consideration of adopting rental property licensing ordinance, property maintenance code and fee schedule thereof. 8. Consideration of a declaration of negative EA W impact - Applicant: Mills Properties, Inc. 9. Consideration of a request for Comprehensive Plan Amendment for a change in land use designation from industrial to commercial and a request for rezoning from I -I A (Light Industrial) to B-3 (Limited Business) - North side of East Chelsea Road. Applicant: Mills Properties, Inc. 10. Consideration of a request for Comprehensive Plan Amendment for a change in land use designation from industrial to commercial and a request for rezoning from I -IA (Light Industrial) to B-4 (Regional Business) - South side of East Chelsea Road. Applicant: Mills Properties, Inc. 11. Consideration of a request for a Conditional Use Permit for Concept Stage and Development Stage Planned Unit Development approval for a multi-tenant shopping center, a Conditional Use Permit for Outdoor Storage, a Conditional Use Permit for a car wash, a Conditional Use Permit for a motor fuel station/convenience store, a Conditional Use Permit for minor auto repair, and preliminary plat approval. Applicant: Mills Fleet Farm. 12. Consideration of award of bids for Chelsea Road Improvement Project, City Project No. 2006-31 C. 13. Consideration of right-of-way issues including sale of excess right-of-way and acquisition of needed right-of-way on the Chelsea Road Improvement Project No. 2006-31 C. Agenda Monticello City Council\ June 25, 2007 Page 3 14. Consideration of approving payment of bills for June, 2007. 15. Adjourn. Mayor: I I I I I , AGENDA REGULAR MEETING - MON1j,ICELLO CITY COUNCIL Monday June 11, f007 - 7 p.m. I Council Minutes: 6/11107 1 Clint Herbst Council Members: Wayne Mayer, Tom Perrault, Brian Stumpf and Susie Wojchouski 1. Call to Order and Pledl!:e of Allevance. Mayor Herbst called the meeting to order at 7 p.m. and declared a quorum present. The Pledge of Allegiance was said. 2 Approve minutes of Mav 29. 2007 Rel!:ular Council Meetinl!:. TOM PERRAULT MOVED TO APPROVE THE MINUTES OF THE MAY 29, 2007 REGULAR COUNCIL MEETING. SUSIE WOJCHOUSKl SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of addinl!: items to the al!:enda. The following items were added to the agenda: 1) Update on audio equipment in Council Chambers; 2) Joint Planning meeting with Big Lake and Big Lake Township; 3) Update on Finance Director position; 4) Budget process; 5) Jefferson Commons; 6) League of Minnesota Cities conference; 7) MEADA event; 8) Update on Walk N Roll; 9) Public Works Tours; 10) Maintenance of roundabout and 11) Action on letter concerning ballfield improvements 4. Citizen comments. petitions. reauests and concerns. Don Doran, 515 Maple Street spoke to the Council about the problems encountered with snowmobiling activity in the city this past winter. He stated the snowmobilers are either driving down the streets or across private property. Although the City does have an ordinance it does not appear that it is enforced as the snowmobilers exceed the speed limit of the ordinance and also operate their snowmobiles off the designated route. Clint Herbst agreed that snowmobiling activity was a problem as the snowmobiles were traveling on the City's sidewalks and pathways. He noted that many communities require that snowmobiles be taken outside the city to be used only on designated trails. He felt now would be a good time for the City to look at their ordinance to see if modifications need to be made. Brian Stumpf concurred with the need to review the ordinance and indicated the state has a special area designated where snowmobiles can cross the river so the City must take that into consideration when looking at their ordinance. Clint Herbst believed the designated snowmobile route through Monticello was supposed to be River Street. He added that the difficulty in enforcing the ordinance is getting the vehicle number so that the owner can be identified. Mr. Doran also commented on a blight situation regarding grass/weeds at a property. He indicated that he had called the City several times regarding the property and there was a considerable length of time that passed before anything took place. He felt that city Council Minutes: 6/11/07 , employees who are out and about the city doihg their jobs should notify the appropriate department when they see a situation like thaI. Action on a blight shouldn't have to wait until a resident registers a complaint. ! , Gary Anderson, Chief Building Official, responded that getting this complaint taken care of took longer because the City had to track down the owner ofthe property. Once the property owner was located, he was notified ofthe situation and the time frame to correct it. Gary Anderson added that following that there was a period of rain which delayed the mowing of the lot but now the property has been mowed. Clint Herbst didn't feel the City should have to track down the property owner and asked if there was a way the notice could be given to the person at the property address. Legal counsel, Tom Scott, was asked to research the notification process for blights. 5. Consent Al!:enda: A. Consideration of ratifying hires and departures for Parks, Streets and MCC. Recommendation: Ratify the hires and departures as identified. B. Consideration of a request by Public Works for replacing 1988 plow truck. Recommendation: Move to authorize the purchase of a new Sterling L-8500 single axle truck from Boyer Trucks of Rogers equipped with a dump body and plow equipment from J-Craft Equipment of Lake Crystal under state bid contract, with the option of advertising the 1988 Ford L-8000 on sealed bids prior to trade in date. C. Consideration of accepting contribution from Land of Lakes Choirboys and Sunny Fresh. Recommendation: Adopt Resolution No. 2007-46 accepting contribution and authorizing use of funds as specified by donors. D. Consideration of approving a request for a time extension for the Hidden Forest Development Project - Monticello 39, Inc. Recommendation: Move to extend the June 7,2005 preliminary plat for Hidden Forest to June 7, 2008 with the following conditions: a. A new final plat must be submitted for review and approval by June 26, 2008. b. Finance plans discussed in relationship to this project will need to be re-evaluated prior to any final plat considerations. c. The applicant sball supply all required easements for onsite drainage and for drainage to the Mississippi River. d. The applicant is required to pay the expenses associated with the review of the preliminary plat which total $37,682.89. Payment of these funds is required by January 1, 2008, or the preliminary plat shall be considered null and void. These expenses exceed the initial amount on deposit for preliminary plat review. Until the time that the City receives payment to cover expenses, no further review of any portion of the project will commence. E. Consideration of adding vendors to the liquor provider list for the MCC. Recommendation: Approve the addition of Comers tone Cafe of Monticello and A Catered Event of Big Lake to the Community Center's approved liquor providers list effective immediately. F. REMOVED FROM CONSENT AGENDA 2 Council Minutes: 6/11107 G. Consideration of an amendment to the development agreement for Carlisle Village Sth Addition. Recommendation: Approve the amendment to the Development Contract for Carlisle Village Sth Addition, based on a finding that the amendment is consistent with the previous approvals for the development. H. Consideration of a request for amendment to planned unit development for a retail commercial development at Monticello Travel Center 2nd Addition. Recommendation: Decision #1) - Approve the Development Staged Planned Unit Development based on a finding that the proposed use is consistent with the intent of the existing PUD and the B-3 District subject to the following conditions: a. The photometric plan shall be revised to reduce the foot candle reading at the property line adjacent to Cedar Street to not exceed one foot candle. b. The applicant shall submit a revised signage plan, illustrating wall signage not to exceed 221 square feet total. The applicant shall also be required to provide square footage of the proposed pylon sign. c. A crosswalk shall be provided at the sidewalk separation extending west to Subway. d. The applicant shall use epoxy or poly-preformed striping for longevity and reduced maintenance. e. The applicant shall waive any use of temporary signs as related to Lot 5, Block 1. f. The applicant shall comply with all recommendations of the City Engineer as outlined in the May 21, 2007 memo prepared by Bruce Westby and the May 22, 2007 memo prepared by WSB & Associates, inc. Decision #2) - Approve the conditional use permit for two drive-through facilities, based on the finding that the proposed use is consistent with the intent of the Planned Unit Development and the use satisfies the conditions of approval subject to the Following: 1) A "drive-thru only" sign shall be required at the entrance to the north Drive through lane and 2) The use of either or both drive-through lanes for any high-volume tenant, such as those equal to a fast food user similar to a McDonald's or Burger King is subject to staff revie, and approval. Tom Perrault questioned on item SC the conbbution for bands at Riverfest whether there were actually any bands lined up. Susie Wojchouski responded that Riverfest has gotten a couple of bands but it is difficult to get the marching bands to commit to the event. BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF #SB, #SG AND #SH. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent al!:enda for discussion. #5B Replacement of 1988 L-8000 Ford Plow Truck: Clint Herbst asked what is wrong with the truck they are replacing. John Simola, Public Works Director, indicated that the transmission needs to be rebuilt which is estimated at $9,000. Other items that need repair are the brakes, steering cylinder, dump body and sander. The estimated cost of all repairs would be $38,000. There was discussion on replacing the 1988 plow truck with a hook truck but the hook truck would run about $S6,000 more. Tom Moores, Street Superintendent, stated they would be delaying the purchase of the hook truck. The advantage of the hook truck is that you can exchange attachments which allows for greater flexibility. However due to the economy and the slower growth in the City it was felt the purchase of the hook truck could be delayed for 2-3 years. 3 4 Council Minutes: 6/11/07 The trade-in value of the 1988 truck is approximately $7,500 but stafffelt ifit was sold on the open market it may go as high as $10,000. John Simola said the people who bid on the City's used equipment know that it is well maintained. Clint Herbst said if the vehicle is good enough to sell to someone else it is good enough for the City to use. John Simola explained the vehicle replacement policy that Public Works uses and how this allows them to budget for these major purchases as well as replace vehicles before they require major repairs. Wayne Mayer felt if you are going to spend the money it might be better to go with the hook truck at this time rather than come back in another year with a request to replace another truck. John Simola stated the Sterling truck was supposed to be replaced three years ago but was delayed. In evaluating their equipment needs they felt going with another Sterling truck at this time and adding the hook truck 2-3 years down the road better met the needs of the City. Tom Moores stated that the people who would buy the old truck would be using it to plow parking lots. He felt that for emergency type vehicles that are the first ones out to clear streets, a reliable vehicle is needed. The Public Works Department will again evaluate their equipment needs in July when the budget process starts so that the appropriate amounts can be budgeted. Tom Moores added that emission costs for trucks have jumped up as well as the cost of steel. He noted that within five years they would plan to replace or add a street sweeper. SUSIE WOJCHOUSKI MOVED TO AUTHORIZE THE PURCHASE OF A STERLING L-8500 SINGLE AXLE TRUCK FROM BOYER TRUCKS OF ROGERS EQUIPPED WITH A DUMP BODY AND PLOW EQUIPMENT FROM J-CRAFT EQUIPMENT OF LAKE CRYSTAL UNDER STATE BID CONTRACT WITH THE OPTION OF ADVERTISING THE 1988 FORD L-8000 ON SEALED BIDS PRIOR TO THE TRADE IN DATE. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. #5 G Amendment to Development Contract for Carlisle Village 5th Addition: Clint Herbst had a concern about what is happening in the development as far as the trees. He also wondered if everything is in place as far as the letter of credit to make sure that everything is cleared up and trees are replaced. Jeff O'Neill said there is $46,000 in security available for this. Although the trees in the development that are dying must be replaced other trees may be planted outside the plat at the discretion of the Council. Clint Herbst asked Tom Scott, legal counsel, ifhe felt if this was the time to table the item in order to make sure the City has enough funds to take care of tree preservation. Tom Scott felt if that was a Council concern, then the item should be tabled. CLINT HERBST MOVED TO TABLE UNTIL THE NEXT MEETING ACTION ON APPROVING THE AMENDMENT TO THE DEVELOPMENT CONTRACT FOR CARLISLE VILLAGE 5TH ADDITION. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. #5H Amendment to Planned Unit Development for retail commercial development t Monticello Travel Center 2nd Addition: Clint Herbst pulled this item because of the condition on Exhibit Z stating that the "use of either or both drive-through lanes for any high volume tenant, such as those equal to a fast food user similar to a McDonald's or Burger King, are subject to staff review and approvaL" He didn't feel city staff was more qualified to determine this than any consultants utilized by the applicant or tenant. Clint Herbst felt Council Minutes: 6/11/07 because they have their investment to protect, the tenant would not put in something that would be detrimental to the business. The drive-through lanes were either okay or they were not. The drive through lanes should not have to come back to staff. Brian Stumpf said the concern with stacking is to make sure that it does not come back on the public street. Jeff O'Neill said there is concern that there might be occasions where it creates a visibility problem. Clint Herbst felt since it only affects the property owner, the property owner would be concerned that whatever they do works. Clint Herbst reiterated his belief that ifthe drive-through was okay it should okay for whatever tenant was using it. Susie Wojchouski questioned the building name of Landmark Center since there is already a Landmark Square. She felt it might create confusion not only for shoppers but emergency vehicles as well. Tom Scott stated the City and County have certain controls with naming a plat but he didn't feel they could require the owner to change a building name. Wayne Mayer asked about #3 on Exhibit Z stating that a crosswalk shall be provided at the sidewalk separation extending west to Subw~y. Dan Mielke addressed this item stating that while he didn't object to this item at the mel. ings, he did question why he is responsible to provide marking to direct Subway patrons. is an internal sidewalk. Staff wants them to stripe the area so pedestrians could safely ge over to Subway. It was noted that Subway is part of the planned unit development. Dan Mielke felt if people were going to park there to go to Subway they would go straight across and not follow the striping. Wayne Mayer said he couldn't see making this requirement for an interior property and questioned why the crosswalk had to be there. WAYNE MAYER MOVED TO APPROVE THE DEVELOPMENT STAGE PLANNED UNIT DEVELOPMENT BASED ON A FINDING THAT THE PROPOSED USE IS CONSISTENT WITH THE INTENT OF THE EXISTING PUD AND THE B-3 DISTRICT SUBJECT TO THE CONDITIONS OF EXHIBIT Z WHICH WERE REVISED TO INCLUDE THE FOLLOWING: 1) THE PHOTOMETRIC PLAN SHALL BE REVISED TO REDUCE THE FOOT CANDLE READING AT THE PROPERTY LINE ADJACENT TO CEDAR STREET TO NOT EXCEED ONE FOOT CANDLE; 2) THE APPLICANT SHALL SUBMIT A REVISED SIGNAGE PLAN, ILLUSTRATING WALL SIGNAGE NOT TO EXCEED 221 SQUARE FEET TOTAL. THE APPLICANT SHALL ALSO BE REQUIRED TO PROVIDE SQUARE FOOTAGE OF THE PROPOSED PYLON SIGN; 3) THE APPLICANT SHALL USE EPOXY OR POLY-PREFORMED STRIPING FOR LONGEVITY AND REDUCED MAINTENANCE; 4) THE APPLICANT SHALLW AIVE ANY USE OF TEMPORARY SIGNS AS RELATED TO LOT 5, BLOCK I AND 5) THE APPLICANT SHALL COMPLY WITH ALL RECOMMENDATIONS OF THE CITY ENGINEER AS OUTLINED IN THE MAY 21, 2007 MEMO PREPARED BY BRUCE WESTBY AND THE MAY 22, 2007 MEMO PREPARED BY WSB AND TO APPROVE THE CONDITIONAL USE PERMIT FOR TWO DRIVE THROUGH FACILITIES, BASED ON A FINDING THAT THE PROPOSED USE IS CONSISTENT WITH THE INTENT OF THE PUD AND THE USE SA TISIFES THE CONDITIONS OF APPROVAL WHICH INCLUDES: 1) A "DRIVE-THRU ONLY" SIGN SHALL BE REQUIRED AT THE ENTRANCE TO THE NORTH DRIVE THROUGH LANE. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5 6 Council Minutes: 6/11107 Jeff O'Neill stated that instead of striking condition #2 for the drive-through lanes, language could be added that if the two drive-through lanes did not operate safely they could be removed from the conditional use permit. 7. Consideration ofsettinl! a date for a workshou on the rental ordinance. The Council set a workshop date of June 25, 2007 at 6 p.m. to discuss the proposed rental property licensing ordinance and the property maintenance code. 8. Consideration of auurovinl! Chanl!e Order No.1 for Drainal!e Imurovements. Monticello SchoollA Glorious Church, City Proiect No. 2006-09C. John Simola provided an updated agenda item which included the change order prices. He submitted a sketch showing the location at the wastewater treatment plant for the proposed dryer or sludge tank and pointed out the wetland area. At a previous meeting the Council authorized purchased of wetland credits. He informed the Council that an informational meeting had been held for the adjacent residents. Two residents attended and requested that additional evergreen trees be planted on the City's property at the west end of Mississippi Drive to provide screening. I The proposed cost of the change order is $46~652.l5. Chuck Keyes from PSG is getting quotes for relocating the fence. John Simohi discussed some of the aspects of the change order cost noting that $6,300 covered costs rfi:lating to dewatering. He indicated there is a savings of$31,000 by utilizing the material doming out of the pond by CSAH 75. It is estimated that 2400 cubic yards of topsoil and peat soil will be stockpiled on Outlot A of Country Club Manor. 2007 is the first year the City is using MnDOT standards for premium topsoil. Brian Stumpf asked about the wetland credits the City purchased and asked that it be explained again why the wetland credits were not purchased at a local site. John Simola indicated that the price for the wetland credits was significantly less at the Annandale site and the local site was not ready at that time. Brian Stumpf asked if they had a cost for the tree planting that is being proposed. John Simola estimated it would be about $1,500. TOM PERRAULT MOVED TO APPROVED CHANGE ORDER NO.1 TO PROJECT NO. 2006.09C IN THE AMOUNT OF $46,652.15 FROM MOTZKO COMPANIES FOR FILLING THE WETLAND AREA AT THE WASTEWATER TREATMENT PLANT. PORTIONS OF THE PROJECT OUTSIDE THE CHANGE ORDER WOULD BE REMOVAL AND RELOCATION OF THE EXISTING FENCE AND THE PLANTING OF EVERGREEN TREES WHICH WOULD BE SEPARATE ITEMS. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY Added Items: Ballfield letter: Brian Stumpf asked about the letter sent to the Council concerning improvements to the ballfield. This letter was presented at the last meeting and forwarded to Seth Nelson, Parks Superintendent. Council Minutes: 6/11/07 Public Works Tour: Tom Perrault indicated he is unable to make the tour ofa number of public works facilities scheduled for Friday, June 16, 2007 and wanted to know if any of the other members ofthe Council would be able to attend. MEADA: Wayne Mayer reminded the Council ofthe MEADA movie event which is being held at Pioneer Park on June 15, 2007 from 7 p.m. - 11 p.m. If there is inclement weather the event will be moved to the field house at the school. Roundabout: Clint Herbst brought up the maintenance of the roundabout area and the need to have the weeds mowed. John Simola will check with the County first to see if they have any requirements or restrictions and will then mow the area. John Simola said he didn't know if there was an approved landscaping plan in place but if not staff will follow up on a landscaping plan. Audio-Visual Equipment at City Hall: Kitty Baltos stated that they have been working with Bill Bruce from the Cable Commission to work out some technical problems the City has been experiencing with their audio visual equipment. They have done testing and made some corrections but there are still some issues to resolve. She noted that these are technical issues and not operator problems. Joint Planning Meeting with Big Lake and Big Lake Township: Jeff O'Neill updated the Council on the first joint meeting which focused more on the scope of the joint effort. They will be working on a transportation plan for both sides of the river and what the implications of development are for the transportation plan. He added there is support for exploring joint planning issues. The next meeting is scheduled for July 11, 2007 at 4:45 p.m. Finance Director Position: The candidate selected by the Council is interested in the position and will be coming later this week for a tour of the city., If the candidate accepts the position, the City will at that point check the references. . Jefferson Commons: The Council was being asked how they wanted to handle the remaining land in the Jefferson Commons development since the City has received a number of inquiries. Did the Council want to wait until the bowling alley was developed or how did they want to proceed. Clint Herbst felt the bowling alley would add to the value of the remaining land. They suggested discussing it at the next meeting and outlining some options to be considered. There is approximately 7 acres remaining with the possibility that some of the land may be used to house the fiber optic system and staff. Staff was also directed to look at the Krutzig land option and the time frame for that. League of Minnesota Cities Conference: Jeff O'Neill reminded the Council ofthe League of Minnesota Cities Conference being held in Duluth. Walk N Roll: Susie Wojchouski reminded everyone that Walk N Roll is Saturday June 16, 2007 from 9 a.m. to 1 p.m. It will start at the hospital and the route will go through Ellison Park to West Bridge Park. HRA Purchase of 201 East Broadway: In an update provided to the Council it was noted that the HRA does have funds to cover the proposed purchase of the property. The Council could choose make a motion to withdraw their conceptual approval of a loan to the HRA for the property purchase. 7 8 Council Minutes: 6111/07 SUSIE WOJCHOUSKl MOVED TO WITHDRAW THE COUNCIL'S CONCEPTUAL APPROVAL OF A LOAN TO THE HRA IN THE AMOUNT OF $450,000 FOR THE PROPOSED PURCHASE OF THE PROPERTY LOCATED AT 201 EAST BROADWAY. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Ollie Koropchak asked about further discussion of the possible merger of the EDA and HRA. The Council discussed whether this should be included in the special meeting scheduled on June 25, 2007. It was felt it would be best handled as a workshop on its own. 9. Consideration of approvinl!: payment of bills for June. 2007. Tom Perrault questioned a bill from WSB & Associates relating to finance work for the biosolids project in the amount of$6,254.50. Jeff O'Neill said he would contact WSB about the bill but he believed it covered the review and analysis of the trunk fees of the City. SUSIE WOJCHOUSKI MOVED TO APPROVE PAYMENT OF THE BILLS WITH THE INVOICE FOR WSB IN THE AMOUNT OF $6,254.50 PULLED FROM THE BILLS. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 10. Adiourn. The meeting adjourned at 8:40 p.m. Recording Secretary Council Agenda: 6/11107 SA. Consideration of approvinl!: new hires and departures for MCC. Water and Parks. (JO) A. REFERENCE AND BACKGROUND: The Council is asked to ratify the hiring and departures of employees that have occurred recently at the MCC, Parks and Water Department. It is recommended that the Council officially ratify the hiring/departure of all new employees including part-time and seasonal workers. B. ALTERNATIVE ACTIONS: 1. Ratify the hiring/departures of the employees as identified on the attached list. C. SUPPORTING DATA: List of new employees. Name Gullickson, Kellen Feldstein, Tyler Reason Department MCC MCC Last Day Class 5/29/07 PT 5/29/07 PT NEW EMPLOYEES Name Title Department Hire Date Class lano, Scott Summer Help Parks 6/4/07 Seasonal Brooks, Joseph Summer Help Parks 6/4/07 Seasonal DeMarais, Jaymon Summer Help Water 6/4/07 Seasonal TERMINATING EMPLOYEES Voluntary Voluntary employee councillist.xls: 6/7/2007 Council Agenda: 6/25/07 5B. Consideration of annrovine monthly renewal of nawn shon license for Walt's Pawn Shon. (10) A. REFERENCE AND BACKGROUND: In January the Council approved renewing the pawn shop license for Walt's Pawn Shop, 1219 State Highway 25 on a monthly basis which is in keeping with the recommendation of the Wright County Sheriffs Department. The intent was that a monthly renewal would allow the City to monitor more closely any non-compliance to the City's pawn shop ordinance. The Council is being asked at this time to approve the renewal of the pawn shop license for another month. The City's legal counsel will inform the Council of developments, if any, relating the pawn shop license. When the monthly renewal of the license came before the Council in May the question was raised about outdoor storage of vehicles. Staff has been checking into it and will report their findings in a separate update to the Council B. ALTERNATIVE ACTIONS: 1. Approve the renewal of the pawn shop license for Walt's Pawn Shop for another month. C. STAFF RECOMMENDATION: The City Administrator recommends approving the renewal of the pawn shop license for another month. The renewal is in keeping with the recommendation of the Wright County Sheriffs Department. By formally renewing the license each month the City is officially indicating the license is not automatically being renewed on a monthly basis but is being considered formally by the Council each month. If at some point the Council should consider action to revoke or suspend the pawn shop license, the monthly renewal would demonstrate the Council's concerns about non-compliance ofthe ordinance and their efforts to address it. D. SUPPORTING DATA: None. At the previous City Council meeting, it was requested that staff provide a update regarding the tree preservation program at Carlisle Village, prior to consideration of the amendment request. Council Agenda: 6/25/07 5C. Consideration to review and approve an amendment to Development Contract for Carlisle Villal!e 5th Addition (AS/JO)' The City has been working with the developer on the remedy required for trees already lost on site. For each tree lost within the preservation plan area, the developer is required to provide a replacement tree of 4-8 caliper inches at or near the same location, as well as a replacement value of two times the caliper inch of trees lost at other locations within the City. City staff completed an inspection and inventory of all lost trees as of September, 2006. The developer and City reviewed the inventory to determine which trees were lost to uncontrollable factors (disease, utility trenching, etc.). A letter detailing the outcome of that inventory analysis and the remedy required from the developer is attached for reference. In short, the developer is required to provide $64,980 in cash to the City by the end of June, or development will be halted in Carlisle Village. City staff will be developing a planting program as related to the $64,980 cash remedy. The developer is also required to provide an on site planting plan by June 30th and complete on site planting by October 15th ofthis year. Additionally, the City has retained a $55,000 letter of credit for future tree loss. This LOC was required with the fmal plat for Carlisle Village 4th Addition, where a majority of the preservation is located. The Building Department is aware of the process for regulating the preservation program and completes two inspections on each lot as part of monitoring tree loss during the individual home construction process. The City will also complete another inventory oftree loss prior to any reduction in the LOC. The 5th Addition does not include any tree preservation areas. A. REFERENCE AND BACKGROUND: The City and Shadow Creek Development entered into a Development Contract and Planned Unit Development relating to Carlisle Village - Fifth Addition on August 22nd, 2006, in conjunction with the final plat approvaL The fifth addition of Carlisle Village includes only R-2A (Single Family Residential) designed lots. In a previously approved Amendment to Planned Unit Development for the entire Carlisle Village site, the developer received approval for some modifications to the R- 2A and R-lA design standards. As part of the discussion and approval of the Amendment, no split entry homes were allowed in the balance ofthe undeveloped R-lA portions of Carlisle Village. A 25% ratio of homes as split entry designs was permitted in the undeveloped R-2A areas, subject to approved plans. The plans were required to be consistent with designs illustrated in the original PUD presentation. Council Agenda: 6/25/07 In the executed development agreement for Carlisle 5th Addition, the condition requiring no split entry homes was carried over from the 4th Addition. Again, the 5th Addition includes only R-2A homes. The 4th Addition contains all R-IA designated lots, which required the no split entry condition. The 5th Addition development contract should have included only the 25% maximum condition as related to split entry designs. As such, the developer has requested that the development agreement be amended to address the condition relating to split entry home designs. For consistency with the approved amendment to PUD for Carlisle Village, staff recommends the following amendment to development contract. A maximum of 25%, or 7 home sites, may be built as split entry or split foyer designs. Designs for the seven home sites are subject to the review and approval of the City of Monticello. Additionally, the proposed amendment to development contract includes a section related to development special assessments. In the original agreement, the developer's credit for completion of Bakken Street improvements was left out of the itemized list of special assessments, although the total to be paid, at $222,311.95 was correct and has been assessed correctly. This amendment is simply to list the assessment items accurately. A copy of the minutes of the amendment to PUD is attached for reference, as well as the proposed amendment to development contract. B. ALTERNATIVE ACTIONS 1. Motion to recommend approval of the amendment to Development Contract for Carlisle Village 5th Addition, based on a finding that the amendment is consistent with the previous approvals for the development. 2. Motion to recommend denial of the amendment to Development Contract for Carlisle Village 5th Addition, based on a finding to be made by the City Council. 3. Motion of other. C. STAFF RECOMMENDATION: The City Council has already reviewed and approved design standards for the Carlisle Village development, via the original and amended PUD. This request is only to amend the 5th Addition agreement to be consistent with those approvals. Therefore, staff is recommending approval of the amendment to development contract. D. SUPPORTING DATA A. Amendment to Development Contract B. Executed and Recorded Development Contract C. Minutes of City Council 03/28/05 D. Excerpt - City Council Agenda 03/28/05 E. Letter to Lucinda Gardner (reserved for recording purposes) FIRST AMENDMENT TO DEVELOPMENT CONTRACT AND PLANNED UNIT DEVELOPMENT CARLISLE VILLAGE - FIFTH ADDITION AGREEMENT dated ,2007, by and between the CITY OF MONTICELLO, a Minnesota municipal corporation ("City") and SHADOW CREEK CORPORATION, a Minnesota corporation (the "Developer"). 1. DEVELOPMENT CONTRACT. The City and Developer have entered into a Development Contract and Planoed Unit Development relating to Carlisle Village - Fifth Addition dated August 22nd, 2006 for the property legally described on the attached Exhibit A and recorded November 9th, 2006 as Document No. A 1032518 (the "Contract"). The Contract shall remain in full force and effect except as amended by this First Amendment. 2. AMENDMENT OF SECTION 10. Section 30.D. of the Contract is hereby amended to read as follows: DESIGN STANDARDS. The applicable Planned Unit Development Zoning District Regulations are equal to those set forth in the R-2A Zoning District Regulation except as modified herein: Building plans for R-2A must be equal to or improved versions of the originally approved plans. For the R-2A district, this includes emphasized front entry areas, recessed, side-loaded or de-emphasized garage doors as detailed below: . A maximum of 25%, or 7 home sites, may be bnilt as split entry or split foyer designs. Designs for the seven home sites are subject to the review and approval of the City of Monticello Community Development Department. . A majority of homes as I y, story and 2 story designs. . Garages that do not project past the front of the house. More specifically, a garage forward design is not allowed. The 15 foot front yard setback is geared to create house forward designs, with the garage recessed or in the rear of the homes. . Roof construction incorporating multi-level roofs, cascading roof lines, 7: 12 roof pitch, dormers, textured roof coverings, soffits and gables that extend 12" from the wall planes. . Exterior wall finishes are to be at least 20% stone, brick or approved equivalent on the side facing public streets. Architectural details including dentils, porches and posts are to be provided. . Superior window placement and detailing on sides facing the public street and to interrupt long wall planes. Detailing such as transom lights, muntons, etc. will be expected. . Garage doors should include window lights or paneling. . No more than 2 feet of exposed plain concrete block above grade. 3. AMENDMENT OF SECTION 30. D. Section 30.D. of the Contract is hereby amended to read as follows: D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this Contract. This is an obligation of the Developer and shall continue in full force and effect even if the Developer sells a part or parts of the platted land. The charges set forth in Paragraphs 22, 23, 24, 25, 26, 27 A, 27B and 27D, supra., are summarized as follows: Storm Sewer Sanitary Sewer Water Main Area Park $ 30,398.70 35,092.00 27,032.00 97,100.00 7,688.00 (7,500.00) 32.501.25 $ $ $ Pathway $ Bakken Street Improvements $ Meadow Oaks Bypass $ Total $ 222,311.95 The $222,311.95, shall be apportioned across the 31 lots of the Fifth Addition, with each unit being assigned an assessment of $7,171.35. The Developer waives any and all procedural and substantive objections to the special assessments, including but not limited to hearing requirements and any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to M.S.A. S429.081. This assessment shall be payable over a 3 (three) year period, in three equal principal instalhnents, with interest calculated per annum on the remaining principal balance each year at the prevailing rate at the time of certification. Interest will begin to accrue on the principal balance commencing on the date of final plat approval by the City of Monticello. 128638 2 IN WITNESS WHEREOF, this First Amendment to Development Contract and Planned Unit Development was executed by the parties the day and year first above written. CITY OF MONTICELLO By: Clint Herbst, Mayor By: Jeff O'Neill, City Administrator STATE OF MINNESOTA ) )ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this _ day of' 2006, by Clint Herbst and Jeff O'Neill, the Mayor and City Administrator, respectively, of the City of Monticello, Minnesota, a Minnesota municipal corporation, on its behalf. Notary Public 128638 3 SHADOW CREEK CORPORATION By: Its: STATE OF MINNESOTA ) )ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this _ day of , 2007, by , the of Shadow Creek Corporation, a Minnesota corporation, on behalf of the corporation. Notary Public DRAFTED BY: City of Monticello 505 Walnut Street, Suite I Monticello, MN 55362 arns 128638 4 128638 5 EXHIBIT A TO FIRST AMENDMENT TO DEVELOPMENT CONTRACT AND PLANNED UNIT DEVELOPMENT CARLISLE VILLAGE 5th ADDITION, according to the recorded plat thereof, Wright County, Minnesota. MG . . Doc. No. A 1032518 OFFICE OF THE COUNTY RECORDER WRIGHT COUNTY, MINNESOTA Certified Filed and/or Recorded on 11-09-2006 at 02:40 Check #: Fee: $ 46.00 Payment Code 04 Add!. Fee Larry A Unger. County Recorder (,...,rwdfor m;ordiJtg l'1fonnation) DEVELOPMENT CONTRACT AND PLANNED UNIT DEVELOPMENT (DeV<1loper installed Improvements) CARLISLE VILLAGE -FIFTH ADDITION AGREEMENT dated August 22nd, . 2006. by and between the CITY OF MONTICELLO, a Minnesota municipal corporation ("City"), and SHADOW CREEK CORPORATION, a Minnesota Corporation (the "Developer"). 1. REQUEST FOR PLAT APPROVAL. On June 26th 2006, the City approved a final plat and Planned Unit Development for CARLISLE VILLAGE FIFTH ADDlrlON (referred to in this Contract as the "plat" and the "Development"), consisting of 31 lots. The land is situated in the County of Wright, State of Minnesota, and is legally described on the attached Exhibit "N. 2. CONDITIONS OF PLAT APPROVAL. The City approved the plat on condition that the Developer enter into this Contract. fumish the security required by it, and record the plat with the County Recorder or Registrar of Titles within 100 days of the date the plat is approved. (1) Planned Unit Development Agreement [this document]. (2) Planned Unit Development Zoning District Regulations (3) R-2A Zoning District Regulations 3. RIGHT TO PROCEED. Within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk and Wright County Recorder's Office, 2) the necessary security has been received by the City, 3) the plat has been submitted to the Wright County Recorder's Office, and 4) the City has issued a letter that all conditions have been satisfied and that the Developer may proceed. 4. PRELIMINARY PLAT STATUS, This plat is part of a phased development. Preliminary Plat approval shall lapse and be void unless finally platted into lots and blocks, not outlots, within three (3) years of the date of this Contnact. 5. CHANGES IN OFFICIAL CONTROLS. For five (5) years from the date of this Contract, no amendments to the City's Comprehensive Plan, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 6. ZONING. Except as otherwise provided herein, the subject property shall be subject to the zoning regulations for the Planned Unit Development District and the requirements and standards of the residential district in effect at the time the final plat is approved, as they apply to single family and attached homes. If there is a conflict among these regulations, the conflict shall be resolved in the order listed below with item number one being primary: 7. CONDITION FOR SUBSEQUENT APPROVALS. No final plat for changes or amendments to this PUD Agreement shall be approved, nor shall construction commence for such additional land uses, until an amendment of the PUD Agreement is processed and approved, subject to the requirements of the Monticello Zoning and Subdivision Ordinances, including the submission of site plans, final grading and drainage plans, final utility plans, and final landscaping plans. 8. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following plans. The plans shall not be attached to this Contract. With the exception of Plans A and S, the plans may be prepared, subject to City approval, after entering the Contract, but before commencement of any work in the plat. The erosion control plan may also be approved by the Wright County Soil and Water Conservation District. If the plans vary from the written tenms of this Contract, the written terms shall control. The plans are: Plan A-Plat Plan B-Final Grading, Development, and Erosion Control Plan Plan C-Plans and Specifications for Public Improvements Plan D-Street Lighting Plan Plan E-Landscape Plan: General site and individual unit landscaping plans Plan F - Building Plans Plan G-Easements for pathways and other easements not contained in the Pial. Plan H-Building fa9ade elevations and typical architectural design plan set. 9. IMPROVEMENTS. The Developer shall install and pay for the following: A. Sanitary Sewer System B. Water System C. Storm Sewer System D. Streets E. Street Signs F. Concrete Curb and Gutter G. Street Lights H. Site Grading, Ponding, and Erosion Control I. Underground Utilities J. Setting of Iron Monuments K. Surveying and Staking L. Sidewalks and Trails M. LandscapinglTrees N. Rear Yard Sodding as Approved O. Conservation Easement Posts P. Mailboxes: All developers must meet with the City of Monticello Street Superintendent and USPS to detenmine the type of mail boxes instal/ed and the location of all mail boxes. The City of Monticello requires that mail boxes be clustered in groups of six (6) or more and a minimum spacing of 200 feet between cluster locations, unless deemed not practical by the City Street Superintendent and/or the USPS. Initial costs of the mail boxes and their installation are the responsibility of the developer. The improvements shall be installed in accordance with the City subdivision ordinance; City standard specifications for utilities and street construction; and any other ordinances. The Developer shall submit pians and specifications which have been prepared by a competent registered professional engineer to the City for approval by the City Engineer. The City may, at the City's discretion and at the Developer's expense, have one or more City inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer, its contractors and subcontractors, shall follow all instructions received from the City's inspectors. The Developer's engineer shall provide for on-site project management. The Developer's engineer is responsible for design changes and contract administration between the Developer and the Developer's contractor. The Deveioper or his engineer shall schedule a pre- construction meeting at a mutually agreeable time at the City Council chambers with all parties concemed, including the City staff, to review the program for the construction work. Within thirty (30) days after the completion of the improvements and before the security is released, the Developer shall supply the City with a complete set of reproducible "as constructed" plans, an electronic file of the "as constructed" plans in an auto CAD.DWG file or a .DXF file, and two complete sets of blue line "as constructed" plans, all prepared in accordance with City standards. In accordance with Minnesota Statutes 505.02, the final placement of iron monuments for all lot comers must be completed before the applicable security is released. The Developer's surveyor shall also submit a written notice to the City certifying that the monuments have been installed. 10. DESIGN STANDARDS. The applicable Planned Unit Development Zoning District Regulations are equal to those set forth in the R-2A Zoning District Regulation except as modified herein: Building plans for R-2A must be equal to or improved versions of the originally approved plans. For the R- 2A district. this includes emphasized front entry areas, recessed, side-ioaded or de-emphasized garage doors as detailed below: . No split entry homes. . A majority of homes as 1 Yo story and 2 story designs. . Garages that do not project past the front of the house. More specifically, a garage forward design is not allowed. The 15 foot front yard setback is geared to create house forward designs, with the garage recessed or in the rear of the homes. . Roof construction incorporating multi-level roofs, cascading rooF lines, 7:12 roof pilch, dormers, textured roof coverings, soffrts and gables that extend 12" from the wall planes. . Exterior wall finishes are to be at ieast 20% stone, brick or approved equivalent on the side facing public streets. Architectural detaiis including dentils, porches and posts are to be provided. . Superior window placement and detailing on sides facing the public street and to interrupt long wall planes. Detailing such as transom lights, muntons, etc. will be expected. . Garage doors should include window lights or paneling. . No more than 2 feet of exposed plain concrete block above grade. 11. PERMITS. The Developer shall obtain all necessary permits, including but not limited to: . Wright County for County Road Access and Work in County Rights-of-Way . Wright County Soil Conservation District . MnDot for State Highway Access . Minnesota Department of Health for Watermains . NPDES Permit for Stormwater Connections . MPCA for Sanitary Sewer and Hazardous Material Removal and Disposai . DNR for Dewatering . City of Monticello for Building Permits 12. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it will be the Developer's and the Developer's contractors and subcontractors responsibility to satisfy themselves with regard to the elevation of groundwater in the area and the level of effort needed to petform dewatering and storm flow routing operations. All dewatering shall be in accordance with all applicable county, state, and federal rules and regulations. DNR regulations regarding appropriations permits shall also be strictly followed. 13. TIME OF PERFORMANCE. The Developer shall install all required public improvements by November 30, 2006, weather permitting, with the exception of the final wear course of asphalt and concrete curb and gutter on streets. The final wear course and concrete curb and gutter on streets shall be installed between August 15th and October 15th of the year following installation of improvements, at the direction and in the discretion of the City Engineer. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 14. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the platted property to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 15. EROSION CONTROL AND STORM WATER CONTROL. Prior to initiating site grading, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City or Wright County Soii and Water Conservation District and the City. The City or Wright County Soil and Water Conservation District may impose additional erosion control and storm water requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded within 48 hours after the completion of the work or in an area that is inactive for more than seven (7) days unless authorized and approved by the City Engineer. Seeding shall be in accordance with the City's current seeding specification, except as otherwise prOVided in the erosion control plan. Seeding may include certified oat seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the Crty or the Wright County Soil and Water Conservation District, the City may take such action as it deems appropriate to control erosion. The Crty will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and Crty's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work . within ten (10) days, the City may draw down the letter of credit to pay any costs. No development, utility or street construction will be allowed and no building permrts will be issued unless the plat is in full compliance with the approved erosion control plan and storm water control measures are in place. 16. GRADING PLAN AND CERTIFICATION. The plat shall be graded in accordance with the approved grading plan, stormwater control measures and erosion control plan as set forth in Plan "B". The plan shall conform to Crty of Moriticello specifications. Within thirty (30) days after completion of the grading and before the City approves individual building permits (except model homes as permitted by this agreement or the Building Official), the Developer shall provide the City with an "as constructed" grading plan certified by a registered land surveyor or engineer that all ponds, swa,les, and ditches have been constructed on public easements or land owned by the City. Additionally, the "as constructed" grading plan will include a certification that the grading following construction activities has been undisturbed or has been retumed to the state required in the grading plan. The "as constructed" plan shall include field verified elevations of the following: a) cross sections of ponds; b) location and elevations along all swales, wetlands, wetland mitigation areas if any, ditches, locations and dimensions of borrow areas/stockpiles, and installed "conservation area" posts; and c) lot comer elevations, and building pads. The City will withhold issuance of building permrts until the approved certified grading plan City Staff administration relating to processing of the preliminary plat and associated administration of is on file with the City and all erosion control measures are in place as determined by the City Engineer. The Developer certifies to the City that all lots with building footings placed on fill have been monitored and constructed to meet or exceed FHAlHUD 700 specifications. 17. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to any construction in the plat, the Developer shall identify in writing a responsible party and scheduie for erosion control, street cleaning, and street sweeping. The Developer shall clean dirt and debris from streets that has resulted from construction work by the Developer, home builders, subcontractors, their agents or assigns. The Developer shall pay an escrow deposit in the amount of $500.00 per unit for erosion control and street cleaning purposes. If the Developer repeatedly fails to clean streets in accordance with this paragraph, the City may, in its discretion, perform the work or contract to have the work completed and drawn down on the escrow deposit to pay any costs. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Develope~s and City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City Incurred beyond that covered by the deposit, for such work within ten (10) days from the date notice of the amount owed to the City is mailed, the City may draw down the Irrevocable Letter of Credit to pay any costs. No development, utility or street construction will be allowed and no building permits will be issued unless the Plat is in full compliance with the requirements of this Paragraph. 18. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Contract, the improvements lying within public easements shall become City property without further notice or action. 19. CITY ADMINISTRATIVE OVERHEAD, PLANNING AND LEGAL EXPENSES, CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. Fees for improvement project shall be two percent (2.0%) of the estimated construction cost, assuming normal construction and project scheduling. This is a flat fee based on estimates of actual time and is not reimbursed at the completion of the project. A deposit of .50% of the total project costs is required to cover the cost of planning and a depos~ of .50% of the total project costs is required to cover legal services provided by the City's consultants. Upon completion of the project these amounts shall be reconciled against actual City costs. A depos~ of 1.5% of the total project costs is required to cover the cost of soils testing in association with plat development. A deposit of 7% of the total project costs is required to cover the cost of engineering services provided by the City's in-house engineering staff and/or the City's consultants. This amount covers the following: Street and utility plan review and project administration, monitoring of construction observation, consultation with Developer and his engineer on status or problems regarding the projec~ coordination for final inspection and acceptance, project monitoring during the warranty period, and processing of requests for reduction in security. Also included in the 7% deposit is the cost of construction observation performed by the City's in-house engineering staff or consulting engineer. Construction observation shall include part or full time inspection of proposed public utilities and street construction and will be billed on hourly rates. Upon completion of the project this amount (7%) shall be reconciled against actual C~y costs. A deposit of 3% of the total project grading costs to cover review and inspection of site grading is not applicable to this phase, as grading was completed and inspected in conjunction with the grading of the First Addition. 20. CLAIMS. In the event that the City receives claims from I~bor, materialmen, or others that work required by this Contract has been performed, the sums due them have not been paid, and the laborers, materialmen, or others are seeking payment from the City, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125 percent of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit 31 units x $872 = $27,032.00 The total watermain area charge for the Development of $27.032.00 shall be assessed against the property if not paid by the Developer in cash at the time of final plat approval. No watermain credits are applicable to this phase. deposited with the District Court. except that the Court shall retain jurisdiction to detemnine attorneys' fees pursuant to this Contract. 21. STORM SEWER AREA CHARGE. The Development is subject to a storm sewer area charge of $30,398.70. The area charge is based on the gross area of the final piat less any area credit for pond area, and is calculated as follows: 9.47 net acres x $3,210/acre = $30,398.70 The total storm sewer area charge for the Development of $30,398.70 shall be assessed against the property if not paid by the Developer in cash at the time of final plat approval. No storm water credits are applicable to this phase. 22. SANITARY SEWER AREA CHARGE. The Development is subject to a sanitary sewer area charge of $35,092.00. The area charge is based on the gross area of the final plat and is calculated as follows: 31 units x $1,132 = $35,092.00 The total sanitary sewer area charge for the Development of $35,092.00 shall be assessed against the property if not paid by the Developer in cash at the time of final plat approval. No sanitary sewer credits are applicable to this phase. 23. WATER MAIN AREA CHARGE. The Development is subject to a water main area charge of $27,032.00. The area charge is based on the gross area of the final plat and Is calculated as follows: 24. PARK DEDICATION. The Developer shall be assessed or shall pay a cash contribution of $97,100 in satisfaction of the City's park dedication. The dedication requirement is calculated as follows: 31 units x $3,500Iunit = $108,500.00. $11,400 (pathway credit) = $91,100.00 The total park dedication charge for the Development of $97,100.00 shall be assessed against the property if not paid by the Developer in cash at the time of final plat approval. 25. PATHWAY. The Developer shall be assessed or shall pay a cash contribution of in satisfaction of the City's Pathway charge. The charge is calculated as follows: 31 units x $248lunit = $1688 The total pathway charge for the Development of $7668.00 shall be assessed against the property if not paid by the Developer in cash at the time of final plat approval. 26. SPECIAL PROVISIONS. The fOllowing special provisions shall apply to plat development: A. The Development is subject to a surcharge for the Meadow Oaks sewer bypass in the amount of $32,501.25. The area charge is based on the gross area of the final plat and is calculated as follows: 16.05 acres x $2,025/acre = $ 32,501.25 B. The development will receive a street reconstruction credit in the amount of $7,500.00 for Bakken Street improvements. C. If covenants or associations are to be established, before the City signs the final plat, the Developer shall submit covenant or association documentation in a format acceptable to the City Attorney and consistent with the approved zoning and planned unit development conditions. D. The Developer shall post a $9,300.00 security for the final placement of interior subdivision iron monuments at property comers. The security was calculated as follows: 31 units at $300.00 per unit. The security will be held by the City until the Developer's land surveyor certifies that all $ $ 9,300.00 1.000.00 irons have been set following site grading and utility and stteet construction. In addition, the certificate of survey must also include a certification that all irons for a specific lot have either been found or set prior to the issuance of a building permit for that lot. E. The Developer shall post a $1,000.00 security for the final placement of treated 4x4 posts on at least 1 property line along the designated conservation easement area interior. The security was calculated as follows: 5 units at $200.00 per unit. F. The Developer is required to submit the final plat in electronic format. The electronic format shall be either AutoCAD.DWG file or a .DXF file. All construction record drawings (e.g., grading, utilities, and streets) shall be in electronic format in accordance with standard City specifications. The Developer shall also submit one complete set of reproducible construction plans on Mylar. 27. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this agreement, payment of real estate taxes including interest and penalties, payment of the costs of all public improvements, and construction of all public improvements, the Developer shall fumish the City with a letter of credit, in the form attached hereto, from a bank ("security") for $411,168.15 pius a cash fee of $54,624.03 for City fees. engineering, expenses and administration. The amount of the security was calculated as follows: CONSTRUCTION COSTS: Sanitary Sewer Watermain Storm SewerlDraintile/lnfiltration Basin Internal Streets - Roads, Driveways, Sidewalks CONSTRUCTION SUB-TOTAL OTHER COSTS: Lot Corners/Iron Monuments ($300.00 x 31) Conservation Easement Poast ($200.00 x 5) $ 58,60TOO $ 53',895.00 $ 54,365.00 $ 157,168.00 $ 324,035.00 TOTAL COSTS $ 334,335.00 $ 417,918.75 TOTAL SECURITIES: Total Costs X 125% This breakdown is for historical reference; it is not a restriction on the use of the security. The bank shall be subject to the approval of the City Administrator. The security shall be made for an automatically renewing tenn. Individual security instruments may be for shorter terms provided they are automatically renewed on an annual basis until expiration. The City may draw down the security, with 15 days written notice to Developer, for any violation of the terms of this Contract or if the security is allowed to lapse prior to the end of the required term. If the required public improvements are not completed at least thirty (30) days prior to the renewal of the security, the City may also draw it down. If the security is drawn down, the proceeds shall be used to cure the default. Upon receipt of proof satisfactory to the City that work has been completed and financial obligations to the City have been satisfied, with City approval the security may be reduced from time to time by ninety percent (90%) of the financial obligations that have been satisfied. Ten percent (10%) of the amounts certified by the Developer's engineer shall be retained as security until all improvements have been completed, all financial obligations to the City satisfied, the required "as constructed" plans have been received by the City, a warranty security is provided, and the publiC improvements are accepted by the City Council. The City standard specifications for utilities and street construction outline procedures for security reductions. A separate letter of credit in the amount of $132,705.00 shall be provided for rear yard sodding for 10 lots adjacent to the wetlands, restoration of the site and for third phase landscaping. 28. SUMMARY OF CASH REQUIREMENTS. The fOllowing is a summary of the cash requirements under this Contract which must be furnished to the City prior to the time of final pial mylar release: Legal. Planning" Engineering and Inspection (Street/Utilities)" Engineering (Grading). Soils Testing/Road Compaction" Erosion Control - Street Sweeping" $ 1,620.18 $ 1,620.18 $ 22,682.45 $ N/A $ 4,860.53 $ 15,500.00 GPS Locate Deposit Administrative Fees for City Overhead (2%) Total Cash Requirements . Fees reconciled to actual expenses at close of project. $ 1,860.00 $ 6,480.70 $ 54,624.03 29. WARRANTY. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The warranty period for underground utilities is two years and shall commence following completion and acceptance by City Council. The Developer or its Contractors shall post maintenance bonds in the amount of twenty-five percent (25%) of final certified construction costs to secure the warranties. The City shall retain ten percent (10%) of the security posted by the Developer until the maintenance bonds are furnished the City or until the warranty period expires, whichever first occurs. The retainage may be used to pay for warranty work. The City standard specifications for utilities construction identify the procedures for final acceptance of utilities. 30. RESPONSIBILITY FOR COSTS. A. Except as otherwise specified herein, the Developer shall pay all actual costs incurred by it or the City in conjunction with the development of the plat, including but not limited to Soil and Water Conservation District charges, legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of this Contract, review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the plat. The Developer shall deposit.with the City the amount set forth in Section 28 to be used for the payment of these fees and enforcement fees. If the amount in the deposit account drops below 15% of the initial amount, the Developer will make additional deposits in amounts set by the City. At the completion of the project and following payment of all expenses related to the project, the City shall return the remaining deposit funds to the Developer, B. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by it and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages, or expenses which the City may payor incur in consequence of such claims, including attorneys' fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorneys' fees. D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this Contract. This is an obligation of the Developer and shall continue in full force and effect even if the Developer sells a part or parts of the platted land, The charges set forth in Paragraphs 22, 23, 24, 25, 26, 27A, 27B and 270, supra., are summarized as follows: Storm Sewer Sanitary Sewer Water Main Area Park Pathway Meadow Oaks Bypass Total $ 30,398.70 $ 35,092.00 $ 27,032.00 $ 97,100,00 $ 7,688.00 $ 32.501.25 $ 222,311.95 The $222,311.95, shall be apportioned across the 31 lots of the Fifth Addition, with each unit being assigned an assessment of $7,171.35. The Developer waives any and all procedural and substantive objections to the special assessments, including but not limited to hearing requirements and any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to M.S.A. ~29.081, This assessment shall be payable over a 3 (three) year period, in three equal principal installments, with interest calculated per annum on the remaining principal balance each year at the prevailing rate at the time of certification. Interest will begin to accrue on the principal balance commencing on the date of final plat approval by the City of Monticello. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City A. The Developer represents to the City that the plat complies with all city, county, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the plat ceases to comply with county, metropolitan, state, and federal laws and regulations, the City may, at its option, refuse to ailow construction or development work in the plat untillhe Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. B. Third parties shall have no recourse against the City under this Contract. C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including 1015 sold 10 Ihird parties. may halt plat development and construction until the bilis are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of eighteen percent (18%) per year. F. In addition to the charges and special assessments referred to herein, at the time of building permit issuance, other charges and special assessments may be imposed such as, but not limited, to sewer availability charges ("SAC"), City water connection charges, City sewer connection charges, and building permit fees. 31. DEVELOPER'S DEFAULT. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given notice of the work in default, not less than forty- eight (48) hours in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 32. MISCELLANEOUS. D. If any portion, section, subsection,sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. E. Grading, curbing, erosion control measures, conservation easement posts, and one lift of asphalt shall be installed on all private streets prior to issuance of any building permits. F. If building permits are issued prior to the acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, material men, employees, agents, or third parties. No sewer and water connection permits may be issued and no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities are accepted by the City Engineer. G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. This Contract shall run with the land and may be recorded against the titie to the property. The Developer covenants with the City, its successors and assigns, that the Developer is well sei;Zed in fee title of the property being final platted andlor has obtained consents to this Contract, in the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests In the property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. I. Developer shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each occurrence; limits for property damage shall be not less than $200,000 for each occurrence; or a combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on the policy, and the Developer shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. J. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. K. The Developer may not assign this Contract without the written permisSion of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells -a part or parts of the platted land. L. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining wall was constructed in accordance with the approved plans . and specifications. All retaining walls the development plans, or special conditions referred to in this Contract required to be constructed shali be constructed before any other building permit is issued for a lot on which a retaining wall is required to be built 33. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: ATTN: Lucinda Gardner, 172 Hamel Road, Hamei, MN 55340. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by e DAWN M, GROSS1NGER " NOTARY PU8UG. MINNESOTA My CommisslQl\Exprn Jan, 31, 2010 C) CJJ..JJ'<'- 'fV\ NOTARY PUBLIC '-~,D5~lL IlO certified mail in care of the City Administrator at the following address: Monticello City Hall, 505 Walnut Street, Monticello, Minnesota 55362, /~(ti?jtt~ ,', <t-.Ch i'..",i;f!Y? " t:\7i~(~~~:~t~'~!;F'! ..." '. .rSitlfJ;, hy.'...l,"~, ", .....<;~~~i~.;;~{~j)~;;;.,./' "\'". CITY OF MONTICELLO Cb WJ Clint Herbst, Mayor 0- AND \.~ )..dv BY: Rick Wolfsteller, C Administrator STATE OF MINNESOTA ) ( ss. ) COUNTY OF WRIGHT The foregoing instrument was acknowledged before me this 22nd day of August , 2006, by Clint Herbst and by Rick WOlfsteller, the Mayor and City Administrator of the City of Monticello, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. DEVELOPER: ," , j 1 f', /./'", . ,./. i..__l/t;(" / BY: C:~~~'\i..z~_:::'~~; / Its Vice President ......" \. (f' STATE OF MINNESOTA ) ( 55. COUNTY OF.lJ'JRICI-IT ) ~'IY\ ckn w1edgedt~fOrVi~ay of ~ of' a Minnes ta corporation, on its behalf. DRAFTED BY: CITY OF MONTICEllO 505 WALNUT STREET, SUITE 1 MONTICELLO,!.IN 55362 RETURN TO: . I MELISSA J LEWIS I '.:. ~OTARY PU8UC.MIHNESOTA . · <'W ,,-_.... . . EXHIBIT A TO DEVELOPMENT CONTRACT Outlot A, CARLISLE VilLAGE, according to the recorded plat thereof, Wright County, Minnesota. AND Outlot A, CARLISLE VILLAGE 3RD ADDITION, according to the recorded plat thereof, Wright County, Minnesota. 1032518 Council Minutes - 3/28105 13. Consideration of renewal of contract at th Elk River Landfill with Waste Mana2'ement of Minnesota. Inc. Public Works Director, John Simola provided the background information notice the contract has generally run for three year and the current contract value is $37.53/ton not including ta'(es. The total contract runs to $l56,000/year. The cost per ton is proposed to be increased $l/per ton per year for each year of the contract. John Simola noted Elk River is one of the few landfillsin the area so the City is limited as far as who they can contract with. Wayne Mayer asked the City about the contract being in excess of $50,000 statute amount. Tom Scott said this was not the type of contract that would be subject to the competitive bidding law. WAYNE MAYER MOVED TO APPROVE THE THREE YEAR LANDFILL DISPOSAL AGREEMENT ADDENDUM WITH WASTE MANAGEMENTIELK RIVER LANDFILL AS OUTLINED EFFECTIVE UNTIL APRIL 1,2008. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. +- 14. - Consideration of a reQuest for an amendment to a CUP for Development Sta2'e PUD and consideration of a revised preliminarY plat for Carlisle, a 239 residential subdivision. Applicant: Shadow Creek Corporation. Scott Richards from Northwest Associated Consultants provided background information on this item. He noted when Carlisle Village was originally approved the plat area contained some land that was not owned by the developer. The developer is coming back with a revised development minus the half acre of land that was owned by someone else. In addition to the change in land area, the applicant is also seeking approval for changes in the R-IA building size requirements and changes to the townhouse design for the R-2 portion of the development. Scott Richards reviewed the changes and noted that the preliminary plat is consistent with the original plan except for the lots along the southern boundary which are shallower. The proposed plat contains the same number of lots even though the land area has been reduced. The developer meets the minimum standards of the district. However, since this is a planned unit development the developer is expected to exceed standards. Staffs feeling is that the applicant is not meeting the objectives of the planned unit development. The Planning staff believes that in order to meet the density of what was originaUy approved and to have greater tree preservation, the developer would need to eliminate 5 lots which are identified in the staff report to the Council as Lots 12, Block 5; Lots 2 and 7, Block 6; and Lots 3 and 8, Block 4. In addition staff recommended shifting the cul-de-sac on 82nd Street more to the north. The Planning Commission, however, went with a recommendation to eliminate only two lots, one along the southern boundary and the triangular lot (Lot 12, Block 5). Regarding the R-IA standards, the applicant is requesting approval similar to what the City approved for the Hillside Farms plat. That approval allowed for 2 story homes to be constructed with a foundation size of 1,100 square feet and 2,200 square feet of finished space. Planning staff noted that the conditions of the Hillside Farm plat are not present in this development and did not recommend variations from the R-IA regulations. The Planning Commission, however, agreed to the applicant's requested changes which include 1660' main floor finish/2000' total finish for a rambler; 1400' finished at grade or 2000' total finished for a ;!A -Ie' -..J d~_IG I I I split level; 1200' finished main floor/nOO' tota' finished for a two story structure; a mInImUm ofa 700' garage; a roof pitch of7/12 or greater and 20% of the front fa<;:ade being brick or stone. The Planning Commission added a notation that no split levels are allowed outside the already platted First Addition. Council Minutes - 3/28/05 Another amendment request to the PUD is for a new townhouse design for the R-2 area. A different builder with a different townhouse design is involved the development and the developer is requesting approval of the change in the townhouse design. Because the buildings with the revised design encroached on each other at the corners, Planning staff had recommended removal of buildings #25 and #29 on the interior and #17 and #10 on the outside loop The Planning Commission did not designate removal of a set number of units but only requested assurance that the spacing in the original plan is maintained in the revised plan. Wayne Mayer stated when a PUD is granted there is a major benefit being providedwith the development and he questioned what benefit if any would the City see out of this plan. He noted that the staff report indicated that the developer is only meeting minimum standards and he wanted to know which standards are the developers exceeding the requirements for. There was some discussion on the number of units to be eliminated. Planning staff felt one unit from each of the four buildings was to be eliminated. Lucinda Farr spoke stating that the only difference between this and the previously approved version is that they lost y, acre of land on the southerly boundary line. She didn't know where the City came up with eliminating five lots when the plat only lost y, acre. She said under this plan 60% instead of 52% of the trees are preserved. She indicated that they would eliminate one unit from the townhouse area. The footprint of the units has been improved under the revised plan. She stated that she promised the Planning Commission that the units would not be any closer together than they were on the original plan. Clint Herbst asked how they the original plan could have been approved and now with the revised plan staff is asking for a reduction in units. Clint Herbst also stated his concern about the number oftownhomes in the community. Wayne Mayer asked about buildings #10, #17, #25 and #29. Lucinda Farr responded that one unit had been taken out of building #29. The developer had not agreed to eliminate a set number of units but rather to eliminate units necessary in order to keep the same spacing as the original approved development plan. She stated she is meeting the intent of the original plan and she was not sure why the City was asking her to do more Glen Posusta said that the original development plan had received all the necessary approvals and he didn't think it was appropriate to require additional changes. Planning Commission member, Sandy Suchy stated since the land area of the development had changed, the building requirements for the R -1 A were proposed to be changed and the design of the townhouse units were to be different and these were significant changes she felt the Planning Commission could look at this as a new approval. Since the developer was not being bound by the conditions of the previous approval neither should the Planning Commission in their review of the development. She pointed out that the developer is only meeting minimum standards and is not exceeding any standards. ~g-'l Council Minutes - 3/28/05 Glen Posusta said that the land that was lost from the plat was in the RI-A area and the townhomes are in the R-2A area. Jeff O'Neill stated that even with the loss of acreage the unit count didn't change and the tree count remained the same. Glen Posusta sated that by reducing the R-IA area by two lots the City is losing $900,000 in tax base so he questioned why the City would also want to cut units from the R-2A. Wayne Mayer said with a PUD the developer should be doing more than the minimum. Brian Stumpf said this development has gone through the Planning and Zoning and Council a number of times and the City needs to make a decision. Lucinda Farr stated they eliminated one lot in the townhomes and nothing in the R-IA but they are still preserving more trees. Clint Herbst asked why the cul-de-sac couldn't be moved further to the north. Lucinda Farr said doing that would cause more loss of trees. Jeff O'Neill stated that 1200 trees was the count used in both tree preservation plans. ON DECISION #1 TO APPROVE A REPLAT FOR CARLISLE VILLAGE WAYNE MAYER MOVED THAT THE CITY RECOMMEND DENIAL OF THE REPLA T BASED ON A FINDING THAT THE PROJECT CHANGES ARE INCONSISTENT WITH THE CITY'S REQUIREMENTS FOR R-1A, R-2A, R-2 AND PUD DEVELOPMENT. ON DECISION #2 TO AMEND THE CARLISLE VILLAGE PLANNED UNIT DEVELOPMENT TO ALLOW ALTERNATIVE TOWNHOUSE DESIGNS IN THE R-2 PORTION OF THE PROJECT THAT THE CITY MOVED TO DENY THE PUD AMENDMENT BASED ONA FINDING THAT THE CHANGES ARE NOT CONSISTENT WITH THE CITY'S EXPECTATION FORPUD IN THIS AREA AND THAT BOTH THE ARCHITECTURE AND PROXIMITY OF BUILDINGS TO EACH OTHER RESULT IN A PROJECT THAT ODES NOT MEET THE PUD ORDINANCE OBJECTIVES. ON DECISION #3 AMENDMENT TO THE CARLISLE VILLAGE PLANNED UNIT DEVELOPMENT TO ALLOW CHANGES IN THE BUILDING SIZE REQUIREMENTS FOR THE R-IA AREA, THAT THE CITY DENY THE AMENDMENT BASED ON A FINDING THA T THE PURPOSE OF THE R-IA REGULATIONS ARE TO ENSURE HIGHER END HOUSING IN THE AREAS OF THE COMMUNITY GUIDED FOR R-IA DEVELOPMENT AND THAT A COMPROMISE TO THE BUILDING STANDARDS WOULD BE INCONSISTENT WITH THE CITY'S COMPREHENSIVE PLAN GOALS AND POLICIES. MOTION FAILED FOR LACK OF A SECOND. Clint Herbst stated that the primary concern is that the proposal that is submitted to Council is what is actually going to be constructed. He agreed with Sandy Suchy that there are minimum requirements of the R-IA district that need to be preserved. Clint Herbst said he would also like to see removal of one lot from the southerly boundary area. ON DECISION #1 TO APPROVE THE REPLAT FOR CARLISLE VILLAGE, GLEN POSUST A MOVED TO APPROVE THE REPLA T BASED ON THE CONDITIONS LISTED IN EXHIBIT Z BASED ON A FINDING THAT WITH THE LISTED CONDITIONS, THE PROJECT WILL MEET THE INTENT OF THE CITY ORDINANCE WITH REGARD TO R-IA, R-2A, R-2 AND PUD DEVELOPMENT. Council Minutes - 3/28/05 At this point there was discussion whether the conditions for approval listed in the Planning Staffs recommendations be used or the conditions for approval listed in the Planning Commissions recommendation be used. Scott Richards felt the Planning Staff recommendations contained more detail and should be used just changing those particular items noted by Planning Commission action. Using the Planning Staff recommendations # I would be to redesign the plat to eliminate one lot from the southerly border (Block 6) and to eliminate number #7 which stated that one unit each of buildings #10, #17, #25 and #29 from the townhouse layout would be eliminated. Lucinda Farr stated this was the first time she had an opportunity to review the recommended conditions of approval for the Carlisle Village replat and amendment to the PUD and questioned the roof pitch requirement listed under #2. Clint Herbst suggested that if she felt changes were necessary to #2, the Council may reconsider items #1 and #7. GLEN POSUSTA AMENDED HIS MOTION ON DECISION #1 MOVING TO APPROVE THE REPLA T BASED ON THE CONDITIONS LISTED BELOW BASED ON A FINDING THAT WITH THE LISTED CONDITIONS, THE PROJECT WILL MEET THE INTENT OF THE CITY ORDINANCE WITH REGARD TO R-IA, R-2A, R-2 AND PUD DEVELOPMENT. I. Redesign of the platto eliminate one lot from the southerly boundary (Block 6) 2. Provide sample building drawings for R-IA portion of the project Building plans are to meet or exceed those standards approved by the Commission as follows: Roof construction Incorporating: . Multi-level roofs, varying elevation with cascading roofplanes. . Roof pitch of 7: 12 and greater. . Roof coverings providing dramatic roof shingle texture at least equal to "Horizon ShangJe", "Timberline" or handsplit cedar shakes. . Soffits and gables that extend at least 12' from the exterior wall plane. Exterior Wall Finishes: . At least 20% brick, stone, or approved equal on any fa~ade facing a public streel. . Fenestration/window and door placement and detailing on any fa9ade facing a public street that: . Interrupts any wall plane exceeding 12 feet in length. . . Provides shapes and character to wall planes (such as transom lites, round top shapes, small lites/bars and muntons, and the like) . Garage doors without door with fl.at surfaces (such as paneled garage doors without door lites) . No more than two (2) feet of exposed plain concrete block, plain concrete or treated wood foundation above grade. 3. Building plans for theR-2A portion must meet or exceed the standards as outlined in the staff report. 4. Verify the participation of the Davidson property owners in the plat. 5. Abide by the tree preservation program established at the time of the original plat and PUD approval, as well as the other conditions of that project approval. A formal review of the revised grading and tree preservation plan by the city's forester for this project will be required. Adherence to the recommendation of the forester to preserve the 60% tree preservation ratio will be required. 6. Redesign the townhouse buildings to meetthe higher standard of architectural quality as discussed- varied rooflines, varied building walls, improved materials (more stone and/or brick), emphasized front entry areas, recess and de-emphasized garage doors. 7. Compliance with the building requirements forR-IA building (as amended). 8. Provide revised landscape plans reflecting the changes to the plat as approved. d H- \<6' Council Minutes - 3/28/05 9. Provide revised plan sets for all plans reflecting the final approved preliminary plat with conditions met prior to submission of final plat app[ ication. The developer is to also submit a booklet containing all relevant approved standards for building design and district landscaping requirements. [0. Compliance with the recommendations ofthe City Engineer in their report dared February 16,2005. 11. The developer enter into an amended Development Agreement reflecting the conditions of approvaL CLINT HERBST SECONDED THE MOTION. MOTION CARRIED WITH WAYNE MAYER AND BRIAN STUMPF VOTING IN OPPOSITION. ONE DECISION #2, AMENDMENT TO THE CARLISLE VILLAGE PLANNED UNIT DEVELOPMENT TO ALLOW AL TERNA TIVE TOWNHOUSE DESIGNS IN THE R-2 PORTION OF THE PLAT, CLINT HERBST MOVED TO APPROVE THE PUD AMENDMENT AS OUTLINED IN THE CONDITIONS NOTED ABOVE, BASED ON A FINDING THAT THE CHANGES ARE CONSISTENT WITH ORIGINAL APPROVAL AND RESULT IN A illGHER LEVEL OF BUILDING AND SUBDNISION DESIGN PER THE REQUIREMENTS OF THE CITY'S PUD ORDINANCE. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED WITH WAYNE MAYER AND BRIAN STUMPF VOTING IN OPPOSITION. ON DECISION #3, AMENDMENT TO THE CARLISLE VILLAGE PLANNED UNIT DEVELOPMENT TO ALLOW CHANGES IN BUILDING SIZE REQUIREMENTS FOR THE R-IA AREA, GLEN POSUSTA MOVED TO APPROVE THE AMENDMENT FOR THE R-IA PORTION OF THE PROJECT AS RECOMMENDED BY THE PLANNING COMMISSION AS FOLLOWS AND BASED ON THE FINDING THAT THE R-1 A ORDINANCE REQUIREMENTS ARE NOT WELL-SUITED TO DEVELOPMENT IN TillS AREA: Bui Iding plans for the R-] A homes must meet or exceed the amended R-I A bui Iding standards specific to this development as follows: a. No split entry homes in the R-IA area outside of the I" Addition. b. Two-story and modified two-story residential dwellings must meet: i. A minimum finished first floor size of 1200 square feet; 11. A minimum of2300 square feet finished area. 111. Full basements. c. Rambler residential dwellings must meet: i. A minimum main floor size of 1600 square feet. ii. A minimum of2000 square foot total finished area. d. All other lot and building requirements as identified within the R-IA District Zoning Ordinance. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED WITH WAYNE MA YER VOTING IN OPPOSITION. 8. Consideration of authorizing Comprehensive Plan update. Jeff O'Neill provided background information on the need to update the City's comprehensive plans. With the annexation agreement in place the City is experiencing development pressure. Having updated documents will make the planning process easier. d )~ - \ C\ City Council Agenda - 3/21/05 necessary to accommodate the cul-de-sac can be minimized. This recommendation has been adopted in the most recent plan submission. The Planning Commission modified staff's recommendation to eliminate two lots in this area - one along the southern boundary and the triangular lot mentioned above. In the most recent preliminary plat submission included in this item, the applicant has not made any of the recommended changes to the plat from that which was submitted to Planning Commission. It should also be noted that there was a significant amount of citizen concern about water drainage in the area. Planning Commission recommended approval of the replat only under the condition that those issues be resolved. Other comments related to the replat include the following: o The applicant should provide sample building drawings for the R-lA and R-2A portions of the project. As a PUD, staff is concerned that housing styles meet the intent and requirements of the various zoning districts and the purpose ofPUD development. ~~ City Council Agenda - 3/21/05 o The owner(s) of the Dick Davidson property (Lots 4-8 of Block 1) need to provide written verification that they will participate in the Final Plat to come. This is an issue that will need to be resolved before any consideration of further fmal platting. o A sample landscape plan and building design recommendation has been prepared by staff for use in the R-2A area. Under the terms of the Plarmed Unit Development application, the developer is to meet or exceed this plan, which reflects the minimum standards ofthe base zoning district. R-1A Building Requirements The applicant has also requested a relaxation of the R -I A building requirements, similar to what was approved for the Hillside Farm plat. The Hillside Farms amendment provided for an allowance that 2-story homes could be constructed with foundation sizes of 1,100 square feet, 2,200 square feet finished. The Hillside Farms project, however, was a hybrid of R-l lot sizes and R-1A building requirements. The R-llots were "inherited" by the developers, and the City accommodated the difficulties of meeting the R-IA regulations in this way. These conditions do not exist in the Carlisle Village project. As a prime residential area with significant stands of mature oak woods, plarming staff would recommend that the R- IA regulations (as amended to prohibit split entry design) continue to apply to this project. It should be noted that Planning Commission will be addressing specific ordinance language for the R-IA, R-2A and R-2 Zoning Districts at its May meeting. The proposed amendments will reflect recent discussion on loopholes and gray areas within the ordinance standards. R-2 Replat and Architectural Style The original townhouse portion of the project included a townhouse design that provided for significant roofline variation and undulation in the building walls. In addition, the garages were tucked into the building, avoiding the "garage forward" design that results in a streetscape of garage doors. The overall effect was of a series of attached individual units, rather than a large single building subdivided into adjoining units. ~ /] /!jL", May 3, 2007 ;/{:;<:: 1'~/"'>~:' ("'y'V ,\,\X'/' I. ' ~'L i\ MONTICELLO Lucinda Gardner Shadow Creek Corporation 172 Hamel Road Hamel, MN 55340 1. Applicable clause from development agreement(s): "In the event that the [tree preservation) plan has not been complied with, corrective measures may be ordered. Uncorrectable faults shall be remedied by the replacement of any lost trees with a tree of similar species of at least 4" to 8" in diameter in the same location, and an additional planting of trees of at least 2" in diameter in locations directed by the City. The total tree replacement requirement for such faults shall be two times the caliper inch diameter of the lost tree, and replacement of the additional tree(s) may be directed to other locations, within the City such as parks, boulevards, or other public land. Said replacement trees are subject to a warranty maintenance period of one year. If a stop- work order is issued in connection with such a fault, no permit to continue work shall be issued until the building permit holder either (1) completes the replacement planting, or (2) posts a security adequate to cover the cost of the replacement" RE: Carlisle Village Tree Loss and Remedy Dear Ms. Gardner, This letter is intended to provide direction to both Shadow Creek and City staff regarding remedial requirements as related to tree loss at Carlisle Village. Based on our discussions during the meeting of September 20th, the October 23rd, 2006 letter on this subject, and per the terms of the development agreement for Carlisle Village 1st and 4th Additions, the following is the City's recommended process for remedial action. 2. The City has determined that the development agreement requires that the developer is responsible for any trees lost during home construction. The purpose behind the development agreement preservation process, which outlines inspection both prior to permit and prior to certificate of occupancy, holds the developer responsible for loss during both site development and during home construction. Monticello City Hall, 505 Walnut Street, Suite I, 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 Lucinda Gardner May 3, 2007 Page 2 3. The City has also determined that the development agreement requires that the developer is responsible for loss caused by grading, either by developer or builder. These trees were marked to be preserved and were in a condition at the time of plan preparation that should have allowed their preservation with the proper grading and protection. 4. The City will not hold the developer responsible for trees removed for small utilities. 5. Based on the above information, the total number of trees to be replaced on site is 33 trees at a diameter of 4" - 8" each. Shadow Creek will develop and provide a planting plan to the City of Monticello for approval by June 30th. Tree plantings per the approved plan must occur no later than October 15th, 2007. 6. Based on the above information, the total caliper inch loss of trees on site (as of June 26th, 2006 inspection) is 433. The development agreement requires replacement for such faults to be two times the caliper inch diameter of the lost trees. As such, the City estimates the cash value required for the replacement to be $64,980.00 based on the following calculation. 433 caliper inch loss x 2 = 866 caliper inches 866/2" = 433 x $150 (replacement value of a 2" tree) = $64,980 The $150 replacement value has been determined by the City of Monticello Parks Department, based on actual purchase of a mix of bare root and ba111burlap 2" trees. As noted in the agreement, replacement ofthe additional tree(s) may be directed to other locations within the City such as parks, boulevards, or other public land. The City will use the $64,980 in cash funds to complete plantings at locations designated by the City. Submission ofthe cash replacement specified is requested no later than June 30th, 2007. Development in other at Carlisle Village will be halted should payment not be submitted by that date. In summary, the City will require Shadow Creek to complete on-site tree planting and to supply a cash remedy in satisfaction of development agreement terms. Tree preservation at Carlisle Village was a major factor in consideration of approval for the overall development plan. We sincerely appreciate the efforts made by Shadow Creek to preserve trees on the site and Shadow Creek's efforts to work with the City to meet remedy requirements. Our requests regarding the remedy have been made in accordance with the agreement, and based on the agreed tree loss analysis of September 20th. Sincerely, Lucinda Gardner May 3, 2007 Page 3 Going forward, as per the development agreement, the City will continue to inspect for tree loss during home building. A new inventory will be started and similar remedial actions will be required for tree loss. As stated in the letter of October 23rd, the City will develop an informational piece for current and new homeowners within Carlisle Village who are impacted by the tree preservation process. Hopefully, it will help encourage homeowners to continue the preservation process begun by Shadow Creek. Please contact me with any questions or concerns regarding the information above. Angela Schumann Community Development Coordinator c: Jeff O'Neill, City Administrator Bruce Westby, City Engineer DJ Hennessey, Building Inspector Shibani Bisson, WSB & Associates Brian Johnson, Westwood Engineering City Council Agenda: 6/25107 50. Consideration of Providine Direction with Reeards to Providine Human Resources Services. (JO) A. REFERENCE AND BACKGROUND: City Council is asked to consider alternatives for providing Human Resources services supporting the City's workforce. Some time ago, at the recommendation of the Personnel Committee, the City Council approved a job description and authorized associated hiring process calling for development of a 25 hour/week position with one-half benefits. The need for this position had been identified on the heels of a comprehensive inventory of jobs and associated tasks. As a result of this inventory, it was found that many job descriptions were out of date and the pay equity program needed updating accordingly. In addition, it was noted that centralization of certain human resource functions along with important housekeeping would reduce related workload for department heads and result in a more efficient operation. The City received 18 applications for the Human Resources position of which five professionals were interviewed. At the culmination of the process, it was recommended that the City appoint Sherrie Le to the position. This position was established for the purpose of assisting the City in getting its personnel management house in order with a focus in the following areas. . Analyze and re-write over 50 job descriptions. . Conduct pay equity analysis based on revised descriptions. . Edit and update Personnel Handbook. . Assist with succession planning and impending hiring process associated with replacing Public Works Director, Deputy City Clerk, Economic Development Director. . Assist with monitoring evaluation program. . Provide ongoing support to all departments in the area of benefits administration. . Complete other activities as noted in the job description. The pay grade for this position was set at level 16 which shows a pay range from $29 to $38 per hour. At the completion of the interview process the Personnel Committee paused to re-evaluate the situation and is now recommending that the City hire a consultant to complete the critical projects that need immediate attention (Job Description Development, Pay Equity Evaluation). In conjunction with hiring a consultant, the Personnel Committee is recommending that the City scale back the duties and required skills and abilities and hire a lesser paid Personnel Director on a full time basis. This position could also provide general administrative support to City Hall in addition to the Human Resource functions. Going in a new direction is based on the view that the City will get more for its dollar by hiring a full time person at an entry level pay than it can by hiring a more expensive professional on a part time basis. In response to the direction provided by the Personnel Committee, staff has obtained a proposal from Sherrie Le for consulting services. Her proposal is attached for your review. It is the view of the Committee that the services proposed at the cost indicated sufficiently describe the immediate need for personnel services. In addition, it is believed that Sherrie Le can most efficiently and effectively complete the project due to her experience with the City of Monticello, therefore additional quotes have not been solicited. Labor Attorney Susan Hanson has noted that City Council Agenda: 6/25/07 Le is very reputable and that it is not uncommon for cities to stick with the same consultant when updating pay programs. ' As a third alternative, Council may wish to consider hiring Sherrie Le on a part time basis for a period of two years. Ms Le has indicated that she would be interested in working for the City on the basis that after two years, her position could be eliminated or replaced with a full time employee. B. ALTERNATIVE ACTIONS: 1. Motion rescinding direction to hire a Personnel Director on a part-time basis and instead authorize entering into a contract with Sherrie Le for personnel services and authorize preparation of a revised job description establishing a full time position in the area of Human Resource development. This is the option supported by the Personnel Committee for reasons as noted above. Although this option is more expensive than alternatives 2 and 3 over the long run in terms of total dollars, it actually results in a lower cost per/hour of employee time. The City would benefit under this option by getting the most important work done immediately by a consultant followed then by the long term benefit of having a full time employee ultimately fill the position at a lower cost/hour. Also, the person hired under this option could receive training by Sherrie Le in conjunction with her completion of the job description/pay equity project. 2. Motion to move forward on the initial concept of hiring a Human Resource professional on a part time basis and appoint Sherrie Le to the position. Under this alternative the City would obtain ongoing services provided by one of the best in the business. Although the hourly rate that would be paid is relatively high $37-$38 per hour the level of expertise would result in highly effective and professional service. Also, due to the fact that half benefits are paid, the overall cost for this option is actually lower than option 1. However, once the initial difficult projects are completed, there is a lesser need for a higher paid professional in this position. 3. Motion to move forward on the initial concept of hiring a Human Resource professional on a part time basis, but limit the duration ofthe position to a two year period. This alternative could be the best of both worlds. Under this option, the City could hire Sherrie Le on a two year basis and get the most difficult projects accomplished thus putting our personnel management house in order. At the end of two years, the City could re-evaluate the position and determine whether to continue or switch to a full-time position at a lesser level. Sherrie Le has indicated that under this alternative the projects listed as priority projects would be completed sooner than they would under alternative 1. C. STAFF RECOMMENDATION: It is the recommendation of the Personnel Committee to go with option 1 for reasons noted. As a member of the Personnel Committee and City Administrator 1 believe option 1 is fine City Council Agenda: 6/25/07 but I actually prefer option 3. I like option 3 because under this plan Sherrie would address immediate needs and also be available to help complete the employee handbook and assist us with hiring and potential reorganization associated with the succession planning and implementation. We would then have the option of releasing her after two years and then hire lesser paid Human Resource Coordinator on a full time basis. D. SUPPORTING DATA: Copy of Job Description Copy of draft proposal from Sherrie Le working as a consultant only. : , Sherrie Le Human Resource and Labor Relations' Services, LLC Quality Service to Meet the Needs of Miuuesota Communities Sherrie Le 974 Aspen Lane Lino Lakes, MN 55014 sherriele@yahoo.com June 12, 2007 Jeff O'Neill City of Monticello Monticello, MN 5 Dear Jeff: Thank you for considering my firm for the human resource work you need completed. I have recently converted my consulting business into a Limited Liability Corporation. I appreciate having the opportunity to submit this proposal and look forward to the opportunity to assist the City of Monticello. I have always enjoyed working with you and your staff. If you have any questions on the proposal, or changes needed, please feel free to contact me at 651-770-7216. Sincerely, Sherrie Le President and Chief Executive Officer Sherrie Le HR & LR Services, LLC (651) 770-7216 (0) 1 . CONSULTANT BACKGROUND I am a human resource and labor relations consultant with extensive public sector experience. Because I work exclusively with Minnesota jurisdictions, I know public sector jobs and understand the unique environment and challenges faced by cities in Minnesota. I have conducted numerous classification and compensation studies over the past 20 years including one for Monticello, a long time ago. Professional Qualifications I recently formalized my sole practitioner consulting practice into an LLC called Sherrie Le Human Resource & Labor Relations' Services, LLC. I have assisted cities on a part-time basis since 1995 and began consulting on a full-time basis in September 2006. Previously, I served as a Human Resource Director for twelve years and a Classification and Compensation Manager and HR Generalist for approximately four years each. I also worked extensively with cities throughout Minnesota in my previous capacity as Personnel Advisor for the League of Minnesota Cities and as joint owner of Minnesota Human Resource Consultants. I hold a Bachelor of Science degree from the University of Minnesota. SCOPE AND APPROACH It is my understanding that the City of Monticello is interested in redoing the classification and compensation plan. It is my goal to leave you with an updated plan that: . Meets the objective of pay equity compliance; . Establishes and maintains internal equity; . Is easily understood and accepted by most employees; . Resolves any classification and job evaluation issues; . Allows the City to be competitive in the market; and most importantly, . Is flexible and easy to administer. As with most jurisdictions, I suspect a variety of circumstances have raised concerns regarding the current system, such as: . The overall market competitiveness of the compensation program; . Recruitment or retention issues and upcoming retirements; . The length of time since your system was reviewed; . Organizational changes; and 2 ~ . Significant changes in duties and responsibilities. To obtain information on the jobs, I would review the current job descriptions and interview employees and supervisors. In preparing a market analysis for your City, I would use the League of Minnesota Cities Salary survey to obtain the salary information from other cities. This will save you time and money. I would pull survey data from similarly situated cities with comparable operations. I would include those cities that are comparable in size and that have jobs matching the City's benchmark positions. As you know, all cities must comply with the Minnesota Local Government Pay Equity Act. I propose to re-evaluate the jobs using the Modified Princeton Job Evaluation System - the same system that was used in the past. I would develop proposed salary ranges using a combination of market data and job evaluation data. This would ensure the salary ranges provide both internal and external equity. I would test the ranges using the State's pay equity software before submitting a proposal for the Council's consideration. SPECIFIC OBJECTIVES OF THE PROJECT Based on the information provided by your City, I offer to do the following: 1. Employee Interviews - Review current job descriptions and prepare for and conduct employee interviews for each job class ( approximatley 45 classes currently) to collect updated job information for job descriptions and job evaluation. Where there are 2-4 incumbents in a given classification, the employees in those classes should decide who can best describe all aspects of the job. When there are 5-9 incumbents, the employees should select two representatives to be interviewed together. When there are 10 or more incumbents, the employees should select three representatives to be interviewed together. When there are classification issues, I would need to interview eac employee to make a classification recommendation for their position. (Estimated at 62 hours, including 12 hours oftravel time) 2. Job Descriptions, Classification Analysis and Job Evaluation - Prepare and/or edit job descriptions for review by employees and management. Determine whether there are any classification issues and recommend alternatives to resolve any inequities. Evaluate the classifications using the Modified Princeton Job Evaluation System. Final editing of job descriptions after review by employees and management. (Estimated at 85 hours) 3 . 3. Compensation Plan and Pay Equity - Collect and analyze market information from comparable Minnesota cities and develop salary ranges using both the market inforation and the updated job evaluation points. Develop a pay administration system and prepare recommendations on implementation issues. This includes Pay Equity analysis. (Estimated at 20 hours) 4. Final Report and City Council Presentation - Prepare a written report of the project results with job descriptions, job evaluation points, classification determinations, salary ranges, the salary administration system and pay equity report(s). Present the report to the City Council and employees. (Estimated at 9 hours including I y, hours of travel time.) 5. Personnel Policies - An optional project is to review and update the Personnel Policies. This involves review and analysis for best practices, clarity, flexibility, reasonableness and compliance with a variety of state and federal laws, rules and regulations. This would not include HIPAA Policies. The length of time involved depends a great deal of what shape your policies are in now so it is difficult to project how much time would be needed. I understand I would be working with the Personnel Review Committee and the City's Personnel Committee. (Roughly estimated at 15-30 hours) Assistance to be provided by the City .:. A project of this nature cannot be successfully implemented solely by an outside party. This proposal assumes that the City Administrator will provide all necessary information on: 1. Jobs and current pay plans/union contracts/relevant policies and ordinances to include: . Current job descriptions and existing titles, individual names of employees to interview and number of employees in each gender for each classification; . Individual pay rates for classes with no salary range and minimum and maximum pay for job classes where salary ranges currently exist; . Other information needed to ensure adequate review of the pay plan and pay equity compliance; and . Any information that would impact implementation. 2. The City's pay philosophy relative to the market, salary range length, and preference for a performance/merit component. 3. Any information relevant to the Personnel Policies, including preferences of the City 4 FEES AND EXPENSES Council. .:. I would also ask that the City Administrator communicate with the employees to explain the project, facilitate collection of information, the expeditious review of draft job descriptions and scheduling of employee interviews. I would be happy to come out and provide an informational meeting for employees to explain what the process involves and answer any questions, prior to conducting the interviews. (Hours billed at hourly rate, not included in the estimate. ) Sherrie Le Human Resource & Labor Relations' Services, LLC agrees to provide the requested services for an hourly rate of $95 per hour, plus expenses. This project is estimated to take approximately 176 hours of staff time for the classification and compensation work, including travel time. I estimate it will take 7 days to interview and collect the information. The project could begin as early as late July and would take approximately 3-4 months. The anticipated completion date is December. Total staff time is therefore estimated as approximately $16,720 +/- for the compensation work (excluding the Personnel Policy Review, Analysis and Editing). Add an additional 15-30 hours with the Personnel Policies included. All estimates assume +/- 10% as it is impossible to precisely estimate a project of this size and scope. Expenses will include mileage up to IRS-approved rate. Estimated expenses are calculated on the basis of 100 miles roundtrip at $.44 per mile (8 trips estimated). Total expenses are therefore estimated at approximately $355. The total estimated cost for the proposal including four ofthe five objectives (excluding Personnel Policy work) is $17,075 +/-10%. The total estimated cost for the proposal with all five objectives (including Personnel Policy work) is $18,500 - $19,925 +/- 10%. The proposal can be modified at your request. Additional items that come up may be added by agreement of both parties; additional costs may apply. The City will be billed monthly for work performed and expenses incurred during the previous month. A retainer of$5,000 is to be paid prior to the beginning of the project and will be used to pay down the first $5,000 in charges. Hours worked and actual expenses will be included with the bill. Only actual expenses and actual hours will be billed, of course. 5 If you have any questions or desire changes to this proposal, please feel free to contact me at (651) 770-7216 or e-mail meat:sherriele@yahoo.com. I would be more than happy to discuss any aspect of the project with you. If you decide to accept my proposal, please print two copies of this page, sign both and return them to me for my signature. The terms contained herein for services described in this proposal are accepted and the above constitutes a contract between Sherrie Le Human Resource & Labor Relation's Services, LLC and the City of Monticello. Please check one ofthe following options: Compensation Work only Compensation and Personnel Policy Work Sherrie L. Le City of Monticello By Bv Sherrie Le President Mayor And City Administrator 6 I. i , Human Resources Director City of Monticello Title of Class: Effective Date: Human Resources Director May 2007 DESCRIPTION OF WORK: General Statement of Duties: Performs skilled administrative and managerial human resource and labor relations work; promotes and maintains positive employee relations; performs other duties as required. Works un the administrative supervision of the City Administrator Provides general supervision to department heads in implementation of personnel policies. Supervision Received: Supervision Exercised: TYPICAL DUTIES PERFORMED: The listed examples may not include all duties performed by this position. . Manages the recruitment and selection process for City positions in conjunction with department heads including: advertising, screening, interviewing, testing, applicant correspondence and background checks. . Develops and revises job descriptions, establishes minimum qualifications, evaluates classification and compensation issues and oversees or performs job evaluation work. . Provides organizational development and succession planning advice and recommendations, assists with change management and acts as mediator for internal conflicts between employees or between employees and supervisors. . Serves as internal contact for questions concerning employment issues. Provides advice and coaching to employees and management on a variety of issues and approves personnel actions regarding promotion, performance management, discipline, grievances, etc. . Conducts research, identifies concerns and develops proposals and responses for union negotiations; assists the City Administrator in negotiating the labor agreements and interprets and administers the contracts. . Reviews and analyzes state and federal laws, rules and regulations related to employment and labor relations to determine actions necessary for compliance and to reduce liability. . Oversees the development, updating and enforcement of personnel policies; ensures any changes are disseminated to all affected employees and provides training on policies as needed. . Coordinates and facilitates citywide training and education; coordinates and directs employee wellness programs. . Oversees employee leaves of absences, including FMLA, Parenting Leave, Military Leave, etc; advises employees on eligibility for continued benefits during the leaves; administers COBRA. . Oversees the Workers Compensation program, including investigating and processing claims, and reviewing claims for trends; identifies actions to reduce the number and severity or injuries. . Works with the Managed Care Provider to coordinate return to work and light duty issues. . Conducts employment investigations and prepares reports; oversees and manages the grievance process. . Establishes and maintains all permanent personnel files; approves all items entered and removed from the files. . Prepares and administers the Human Resource budget; purchases equipment, furniture or specialized items as needed and budgeted; establishes goals and timetables for completion. . Supervises staff including interviewing and recommending hiring, coaching, training, assigning , and reviewing work, and administering or recommending reward and discipline. ~ Serves as the staffliaison to the Personnel Committee, ADA Coordinator for Employment, Data Compliance Officer for Personnel and Labor Relations Data and HIP AA Privacy Officer for employee health plans. ~ Administers the City's drug and alcohol testing programs; works with outside providers for random selection generation, independent collection and testing, referrals to Substance Abuse Professionals and compliance with relevant laws and rules. ~ Obtains market information periodically; analyzes various salary surveys and may recommend adjustments to the salary schedule. ~ Prepares salary projections for the budget year, in conjunction with Finance Department including COLA increases and changes to the type and cost pfbenefits; prepares personnel forecasts to project employment needs and reviews and departinent requests for additional employees. ~ Determines and recommends employee relations practices necessary to establish a positive employer-employee relationship and promote a high level of employee morale. ~ Administers the City's employee'benefit program including employee insurance, time off, holidays, etc.; works with outside insurance agents and plan administrators to ensure contractual requirements are met and employee concerns are resolved. ~ Manages the insurance renewal process and open enrollment meetings and chairs the Labor- Management Insurance Committee; conducts new employee orientation with the Payroll Clerk and oversees benefit enrollment and changes. ~ Determines FLSA status for all positions and endures federal and state laws are followed. ~ Develops and oversees organization-wide performance evaluation system; reviews completed evaluation to identify concerns and provides input to department heads and City Administrator. ~ Participates with other department heads on the Management Team; participates in strategic planning and the establishment and implementation of City goals. ~ Attends Pre-Agenda and City Council meetings as requested. KNOWLEDGE, SKILLS, AND ABILITIES: . Thorough knowledge of principles and practices of public sector human resource management. Considerable knowledge of labor negotiations, PELRA, union contract administration, grievance management and labor-management relations. Considerable knowledge of state and federal laws, rules and regulations related to public sector employment and labor relations, including relevant court cases and standard practices in the field to ensure compliance. Considerable knowledge ofthe structure, function and operation of municipal government and of sound management principles and practices. Working knowledge of organizational development and succession planning. Considerable skill in using a personal computer and standard word processing, spreadsheet and database software and conduct research on the Internet. Considerable ability to communicate effectively, both orally and in writing, including explaining complex information clearly and concisely and delivering presentations and training. Considerable ability to establish and maintain effective working relationships with City staff at all levels, union representatives, outside contractors, elected officials and the public. Considerable ability to analyze complex information, utilize resources, develop alternatives and recommendations and prepare reports. Considerable ability to use creativity and sound judgment to resolve problems and respond to challenges. . . . . . . . . . r . Considerable ability to manage and direct the human resource function, including the need to manage multiple tasks simultaneously and prioritize the work. Considerable ability to maintain confidentiality and to classify and release data in accordance with Minnesota Data Practices Act. Considerable ability to listen to all parties, determine credibility, weigh facts and analyze information to prepare sound recommendations and mediate disputes. Considerable ability to listen to all parties, determine credibility, weigh facts and analyze information to prepare sound recommendations and mediate disputes. Considerable ability to see, read, understand and discuss written documents and online information. Working ability to sit for long periods of time and manipulate objects using fine motor skills for extended periods. Working ability to bend, stoop, push, pull and reach periodically and occasionally lift and carry objects weighing up to 20 pounds. . . . . . . MINIMUM QUALIFICATIONS: A Bachelor's Degree with major course work in business, human resources, management or a related field, and five years of progressively responsible professional experience in human resources. Employee must possess a valid Minnesota Driver's license. Council Agenda: 6/25/07 5E. Consideration of Approvin2 Reduction in Retaina2e for the CSAH 18/1-94 Interchan2e Proiect. (Citv of Monticello Proiect No. 2004-01C) (WSB) A. REFERENCE AND BACKGROUND: The CSAH 18/1-94 Interchange Project was substantially completed in November 2006. All the construction work has been completed with a few minor punch list items remaining. All the required testing on the project has been completed, and the results meet the requirements set forth in the contract documents. The City's standard contract documents keep a minimum 5% percent retainage on all payments made to the contractor for work completed on the project until fmal payment is made. The value of the work completed to date is $9,225,784.75, with an amount of$46l,289.24 being held in retainage. The remaining work to be completed is limited to punch list items including the relocation of two signs and erosion control repair. As a result, R. L. Larson, Inc. has requested a reduction of the retainage on the contract from 5% to 1 % of the value ofthe work completed on the project site. Approval of the retainage reduction would lower the retainage amount to $92,257.85. The requested amount of the reduction is $369,031.39. Approval of this request by the Council would allow payment from the City to R. L. Larson, Inc. for the amount as requested. The amount of$92,257.85 is adequate to cover the work remaining on the project. The City still has the performance and payment bonds in place in addition to the reduced retainage. B. ALTERNATIVE ACTIONS: 1. Approve the reduction of the 5% retained amount ($461,289.24) to 1 % ($92,257.85), and authorize payment to R. L. Larson, Inc. in the amount of $369,031.39. 2. Do not approve the requested reduction at this time. C. STAFF RECOMMENDATION: It is the recommendation of the City Administrator that the retainage be reduced as requested. The project is substantially complete with minor restoration work to be completed before final acceptance and closeout of the contract. D. SUPPORTING DATA: None C:1D<><w>lemsand SeIrI1l~'du_glWStngerI.Loml SeIliltgsITe"'P"l"ary huemer FiJes'.oLKB3'AGN lTM-ReduceReloinoge'{)6/907doc Council Agenda: 6/25/07 5F. Consideration of acceptinl!. Feasibility Report for Tower Drive Improvements. City Proiect No. 2007-08C. and autborizinl!. preparation of Plans and Specs. (BW, IS) A. REFERENCE AND BACKGROUND: City Project No. 2007-08C includes the reconstruction of approximately 492' of Tower Drive from the end of the bituminous pavement section near the southeast comer of the Community United Methodist Church property to the water tower site at the top of the hill. This section of Tower Drive is currently an aggregate surfaced roadway approximately 22' in width at roughly a 10% longitudinal grade. This project would reconstruct this section ofroad at as flat a grade as practical using a commercial bituminous pavement section comprised of 4" of bituminous over 8" of class 5. Twenty-five paved parking stalls are proposed to be constructed near the south end of Tower Drive, outside the water tower fencing, to provide park patrons better parking facilities for accessing the park. Bituminous pavement, curb and gutter and storm sewer are proposed to replace the existing aggregate road and ditches. The existing ditches were designed to direct stormwater runoff from the road and adjacent boulevard areas into catch basins at the beginning ofthe paved roadway section. However, during heavier rainfall events much of the stormwater runoff in the ditches bypasses the catch basins and is directed onto the church's property, depositing aggregate surfacing along the way. This is primarily due to the steep grade of Tower Drive which causes the runoff to travel at high rates of speed causing erosion gulleys to form in the aggregate surfaced section thereby forcing the runoff away from the catch basins. A fair amount of aggregate surfacing from Tower Drive has been deposited in the church parking lot and storm sewer system in the past, and as such the church has requested that the City complete an improvement project to prevent this from occurring in the future (see supporting data). To address the churches request, stormwater runoff from the reconstructed portion of Tower Drive will be conveyed via underground storm sewer which will connect to the storm sewer system under the existing paved portion of Tower Drive. The storm sewer system outlets to a ditch west of Tower Drive and south ofCSAH 18, which then drains to a pond in front of the church. Construction of approximately 130' of modular block retaining wall at a maximum height of 4' will be necessary near the south end of Tower Drive to allow the elevation of the road in this area to be lowered as much as practical, thereby reducing the overall longitudinal grade of the road. This will increase the level of safety of those using the road, including both park patrons and City staff charged with maintaining the road, water tower and park. A 5' wide concrete sidewalk is proposed to be constructed along the front of the westerly row of parking stalls to allow pedestrians to have better access to the park. This project will not include construction of paved pathways within the park or along Tower Drive since the alignment ofthe pathway in the park has not yet been determined. The proposed cost for designing and constructing the proposed improvement is $225,165. Due to the relatively small size of the project the City Council may wish to consider incorporating this project into a larger City improvement project, such as the Chelsea Road reconstruction project, via change order in an effort to get lower bid prices. This project can be funded all or in part through Park funds, general funds or taxes. Assessments do not appear to be feasible. Council Agenda: 6/25/07 B. ALTERNATIVE ACTIONS: 1. Motion to accept the Feasibility Report and authorize the preparation of Plans and Specifications for City Project No. 2007-08C. 2. Motion to deny acceptance ofthe Feasibility Report for City Project No. 2007-08C. C. STAFF RECOMMENDATION: It is the recommendation of the City Administrator, the Public Works Director and the City Engineer that the City Council approve Alternative Action No. I. D. SUPPORTING DATA: Community United Methodist Church letter dated 12/6/06 Feasibility Report for City Project No. 2007-08C Community United Methodist Church 9225 Jason Avenue N.E., P. O. Box 5 Monticello, MN 55362 (763) 295-2652 December 6, 2006 Monticello City Administrator, We, the Trustees of Community United Methodist Church are writing to you on behalf of our church. Our concern has to do with the unpaved portion of Holy Spirit Trail. After each rainfall the gravel from the unpaved portion washes over our parking lots and entrances, through the storm sewers, and eventually into our retention pond. The roadway becomes not only unsightly but also dangerous. Various members of our congregation have contacted the City a number oftimes related to this issue. Your response has been to sweep up the gravel on the paved section of the . road. This is not a long-term solution to the problem. When we added to our lower parking lot a few years ago, the spillway from the storm sewer outlet to the retention pond was cleaned and re-lined with rock. This area is now covered with silt, sand, and runoff from the top of the hill. We request that the City pave the unpaved portion of Holy Spirit Trail or at least, find another permanent solution to the -gravel coming into our parking lots and filling our storm sewers, and retention pond. We also request that once the permanent solution is in place, that the storm sewers and retention ponds be cleaned out at City expense, to remove the gravel and silt that came from City property. Sincerely, QjJ~;;~~~ Richard Goranson Chair of the Trustees Home Phone: 763.263.7474 FEASIBILITY REPORT TOWER DRIVE IMPROVEMENTS CITY PROJECT NO. 2007-08C MONTICELLO, MINNESOTA MONl1~T^ -""'-_:~~ June 25, 2007 Prepared By: Bruce Westby City Engineer June 25, 2007 ~U) Honorable Mayor and City Council City of Monticello 505 Walnut Street, Suite I Monticello, MN 55362 Re: Feasibility Report Tower Drive Improvements City Project No. 2007-08C Dear Mayor and City Council Members: Transmitted herewith is a Feasibility Report for City Project No. 2007-08C, Tower Drive Improvements. The City Council authorized this feasibility report on May 29,2007. I would be pleased to discuss the contents of this report with you at your convenience. Please call me at 763-271-3236 should you have any questions. Sincerely, City of Monticello ~IW-U-U~ Bruce Westby, P.E. City Engineer C: Jeff O'Neill, City Administrator John Simola, Public Works Director Enclosure brw CERTIFICATION I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. ,~(( 0~ Bruce R. Westby, P .E. Date: June 25, 2007 Lic. No. 40116 Feasibility Report Tower Drive Improvements City of Monticello Project No. 2007-0SC . TABLE OF CONTENTS TITLE SHEET LETTER OF TRANS MITT AL CERTIFICATION SHEET TABLE OF CONTENTS 1. EXECUTIVE SUMMARy................................................................................................ 3 2. INTRODUCTION ..............................................................................................................4 2.1 Authorization.................... ............ ........ ...... ........... ............ .................................... ..... 4 2.2 Scope. ............. .................... ........... ......................... ........... ....... ............ ........... ...... ...... 4 3. GENERAL BACKGROUND............................................................................................ 5 3.1 Project Location .......................................................................................................... 5 3.2 Existing Conditions........ .......... ...... .... ................. ....... .................. ............. .................. 5 4. PROPOSED IMPROVEMENTS ..................................................................................... 6 4.1 Streets.... ......... ............................... ................................ .... ......... ........ ........ .... ............. 6 4.2 Drainage ......... .......... ........ ...... ..... ................. ..... ............ .......... ........ ............... ............. 6 4.3 Utilities.................. ............ ........ ........ ..... ....... ........ .......... ................ ................... ......... 6 4.4 Permits/Approvals....................... ...... .......... ................................. ............ ...... ............. 6 4.5 Right -of- Way/Easements................... ....... .................................. ....... ..................... .... 6 5. FINANCING....................................................................................................................... 7 5.1 Opinion of Probable Cost............................................................................................ 7 5.2 Funding ................. ............ .......................... ..... ............... ................ ........... ................. 7 6. PROJECT SCHEDULE .................................................................................................... 8 7. FEASIBILITY AND RECOMMENDATION ................................................................. 9 APPENDIX A Exhibit A - Project Location Map Exhibit B - Project Plan Sheet APPENDIX B Opinion of Probable Cost Feasibility Report Tower Drive Improvements City ofMolmcelJo Project No.l007-08C 1. EXECUTIVE SUMMARY City Project No. 2007 -08C includes the reconstruction of approximately 492 linear-feet ofT ower Drive from the end of the existing bituminous pavement section near the southeast comer of the Community United Methodist Church property to the water tower site near the top of the hill. This project also includes the construction of25 paved parking stalls near the south end of Tower Drive, outside the water tower fence, to provide park patrons with better parking facilities and access to the park. This project will provide a bituminous pavement surface with curb and gutter and storm sewer throughout the entirety of Tower Drive, replacing the existing aggregate surfaced roadway and rural ditch sections that aid in stormwater runoff and aggregate material washing into the church parking lot during heavier rainfall events. This is because the steep longitudinal grade of Tower Drive, which is approximately 10%, causes stormwater runoff to flow at a fast rate of speed which forms erosion gulleys in the aggregate surfacing. These gulleys then direct runoff away from the existing storm sewer catch basins, over the existing pavement and into the church parking lot. The church has therefore requested that the City complete an improvement project to address this issue. All improvements on this project occur on property currently owned by the City of Monticello therefore right-of-way acquisition is not required to complete this project. Stormwater runoff from Tower Drive, the water tower site and the park area will be conveyed via underground storm sewer that will connect to the storm sewer system under the existing paved portion of Tower Drive. This storm sewer system then outlets to the pond south ofCSAH 18 in front of the United Methodist Church. Retaining wall construction will be necessary near the south end of Tower Drive to allow the elevation of the road to be lowered by up to 3-feet to reduce the longitudinal grade of the road as much as practical. This will help reduce tire slippage during inclement weather conditions, both for park patrons and for City staff who maintain the road, water tower and park. A 5-foot wide concrete sidewalk is included along the front of the westerly row of parking stalls to allow pedestrians to have better access to the park and future pathway system. This project will not include constructing paved pathways along Tower Drive or into the park since it has not been determined where the pathway system will be located within the park. These pathways can be built as a separate project without impacting this improvement project. The engineer's opinion of probable cost for designing and constructing these improvements is $225,165. Due to the relatively small size of the project, the City Council may wish to consider incorporating this project into a larger City improvement project, such as the Chelsea Road reconstruction project, via change order in an effort to get better bid prices. This project could be funded all or in part through Park funds, general funds or taxes. The improvements as proposed can be completed on or before November 21, 2007. This project is feasible, necessary, and cost-effective from an engineering standpoint, and can be constructed as proposed herein. Feasibility Report Tower Drive Improvements City o/Monticello Project iVo. 1007-08C Page 3 2. INTRODUCTION 2.1 Authorization The City Council authorized preparation of this feasibility report on May 29, 2007. This project has been designated City Project No. 2007-08C. 2.2 Scope This project includes roadway, storm sewer and parking lot improvements within the existing right-of-way along Tower Drive. The proposed project includes construction of approximately 492 linear feet of 24-foot wide bituminous surfaced roadway along the existing alignment of Tower Drive. This roadway will include curb and gutter, storm sewer and 25 paved parking stalls outside the water tower site fencing near the south end of Tower Drive. A 5-foot wide concrete sidewalk is also proposed to be constructed between the westerly row of parking stalls and the park to increase accessibility. In addition, due to grade differences between the road and the park approximately 130 linear feet of modular block retaining wall will be constructed behind the sidewalk at a maximum height of 4- feet. A storm sewer system will replace the existing ditch system, thereby addressing the erosion and sediment issues at the Community United Methodist Church. This will prevent the City from needing to sweep the aggregate surfacing from the church's parking lot after heavy rains, and from cleaning the aggregate material from the riprap in their ditch and the bottom oftheir pond south ofCSAH 18. Opinions of probable cost and project financing of the associated improvements are noted herein. F easihility Report Tower Drive Improvements City oj,llonrice/Lo Project No. 2007-08C Page 4 3. GENERAL BACKGROUND 3.1 Project Location This project is located between the southeast corner of the United Methodist Church parking lot and north of the old water tower site within existing City right-of-way. A project location map is included as Exhibit A in Appendix A. 3.2 Existing Conditions The existing section of Tower Drive south ofthe United Methodist Church parking lot is currently an aggregate surfaced roadway, approximately 22-feet in width, with a longitudinal grade of almost 10%. A shallow drainage ditch directs stormwater runoff on the west side of Tower Drive towards a catch basin near the bottom of the hin, while on the east side of Tower Drive a shanow ditch directs some of the runoff to an existing catch basin while some ofthe runoff drains onto adjacent properties to the east. A hundred or more small sumac trees exist east of the drive near the south end of the site at the entrance to the water tower. Many of these trees will be removed with this project, though these trees are sman in size (6-feet tall or less) so their removal will not adversely affect the site from an aesthetic perspective. An existing 8" watermain line runs parallel to and several feet east of the easterly edge of the existing roadway. In addition, a 16" watermain line runs parallel to and almost directly under the west edge of the roadway. Although the exact depth of these lines are not currently known, both of the lines will likely require insulation over a significant portion of them to protect them from freezing during cold weather. As previously mentioned, this is because the elevation of the south end of Tower Drive will be lowered by up to 3-feet to reduce the overall grade of the road as much as practical. An existing fiber optic line runs along the east side of the site about 4.5-feet west of the property line. In addition, a telephone pedestal exists east of the drive. These utilities are located within a utility easement. While the telephone pedestal will require relocation, this should not pose a significant issue for the owner of this utility. However, the fiber optic and telephone lines will be remain in place so this would require the City to remove and replace up to 8-feet of the easterly parking stalls should either of these lines require maintenance work. An alternative would be to provide conduits for these lines under the easterly row of parking stans to prevent the need to reconstruct any portion of these stans should maintenance work be required on the lines. This issue will be explored further during final design. No major conflicts are anticipated between any of the existing or proposed utilities. Feasibility Report Tower Drive Improvements City a/Monticello Project No. Z007-08C Page 5 4. PROPOSED IMPROVEMENTS 4.1 Streets The portion of Tower Drive located between the southerly entrance to the Community United Methodist Church parking lot and the old water tower site currently exists as an aggregate surfaced road with ditches. The improvements proposed herein include paving this drive with a commercial design bituminous pavement section including S-inches of class 5 and 4-inches of bituminous, and eliminating the ditches by adding curb and gutter and storm sewer. In addition, the elevation of the south end of Tower Drive is proposed to be lowered almost 3-feet to help reduce the overall longitudinal grade thus improving the level of safety for all users ofthe road. A project plan sheet of the proposed improvements is included as Exhibit B in Appendix A. 4.2 Drainage The proposed drainage improvements include eliminating the ditches along both sides of Tower Drive and constructing B6lS curb and gutter and 12" reinforced concrete pipe (RCP) storm sewer along the entire roadway. This storm sewer system will connect to the existing system at the north end of Tower Drive, which ultimately drains through a ditch and into the pond in front of the church on the south side of CSAH IS. Based on recent bid prices staff would recommend using concrete pipe for this project rather than plastic pipe as any cost savings would be minimal. This project would result in the removal of approximately 315-feet of existing corrugated metal pipe (CMP) storm sewer west of Tower Drive, and would help eliminate the issue of the existing aggregate surfacing washing into the church parking lot during heavier rainfall events. 4.3 Utilities There are no water supply or sanitary sewer improvements proposed with this project since the City has no firm plans in place to construct any facilities in the park that would require such improvements. However, in the future should utilities be desired for park facilities they could be constructed primarily within the boulevard area west of Tower Drive without disturbing the road. In addition, the property owner to the east of Tower Drive currently has no plans to develop their property so constructing service stubs to this site would not be cost-effective at this time. 4.4 Permits/Approvals This project will disturb more than 1 acre therefore the City will need an NPDES permit for stormwater and erosion control. No other permits are required for this project. 4.5 Right-of-Way/Easements No right-of-way acquisition or easements are required for this project. Feasibility Report Tower Drive Improvements City of;'rlonticello Project No. 1007-08C Page 6 5. FINANCING 5.1 Opinion of Probable Cost A detailed opinion of probable cost for the proposed improvements is included in Appendix B of this report. The opinion of probable cost for this project is based on previously bid costs from 2007 projects. It should be noted that the bid prices for 2007 projects are coming in up to 30% less than last year's projects due to market conditions. If this project is therefore tabled until a future date, the opinion of probable cost should be adjusted accordingly to fit the bidding climate at the time the project is ready to be bid. The opinion of probable cost for this project includes a 10% construction contingency cost and 22% indirect costs to cover indirect costs associated with administrative, engineering, financing and legal items. A rate of22% was used to cover indirect costs since legal costs will be low, and engineering costs should be lower than normal due to the lack of complexity associated with this project and since City staff will handle much of the inspection duties. The opinion of probable cost for designing and constructing all improvements as proposed totals $225.1 65. As previously mentioned, the Council could consider incorporating this project into a larger City improvement project such as the Chelsea Road reconstruction project via a change order in an attempt to secure lower bid prices. 5.2 Funding This project can be funded all or in part through Park funds, general funds or taxes. The use of assessments to help pay for this project does not appear to be feasible. This is because the principal use of Tower Drive is for park patrons and City staff, and the property owner to the east does not use Tower Drive for their primary access. Feasibility Report Tower Drive Improvements City of lUonJicello Projed No. 2007-08C Page 7 Feasibility Report Tower Drive Improvements City ofl"lonticel/o Project !Vo.l007-08C Page 8 6. PROJECT SCHEDULE The proposed project schedule for this improvement is as follows: Council Accepts Feasibility Report and Authorizes Plans and Specs ............ June 25, 2007 Council Approves Plans and Specifications ....................................................July 23,2007 Receive Bids ...............................................................................................August 21, 2007 Award Contract ........ .......... ......... ...... ........ ......... ....... ................. ...... ....... .... August 27, 2007 Begin Construction ................................................................................. September 4,2007 Completion of Project.. ......... ...... ...... ..... .......... ..... ....... ..... ... ........ .......... November 21, 2007 7. FEASIBILITY AND RECOMMENDATION City Project No. 2007-08C consists of constructing roadway, storm sewer and parking lot improvements as described herein in accordance with the City of MonticeIIo's construction specifications. It is the recommendation of the City Engineer that City Project No. 2007-08C is feasible, necessary, and cost-effective from an engineering standpoint. Feasibility Report Tower Drive Improvements City ofilt/onlice/lo Project No. 1007-08C Page 9 APPENDIX A Exhibit A - Project Location Map Exhibit B - Project Plan Sheet Feasibility Report Tower Drive Improvements City of/J'fonticello Project ,Vo. 2007-08C I ! I o ~i {D ~ ~ " 1$ ~ ~. fie 7: b ~ ~ I~ I APPENDIX B Opinion of Probable Cost Feasibility Report Tower Drive Improvements City ofJ..../onticel/o Project l'v'o.1007-08C Prlnted6f2012001 ENGINEER'S OPINION OF PROBABLE COST TOWER DRIVE IMPROVEMENTS (CP 2007.08C) TOTAL UNIT TOTAL NOTES ITEM NO. ITEM DESCRIPTION UNIT QUANTITY COST COST 2021.501 MOBILIZATION LUMP SUM 1 10,DOO.DO $10000.00 1 2101.511 CLEARING AND GRUBBING LUMP SUM 1 $800.00 0." 2104.501 REMOVE PIPE CULVERTS LINFT 20 $10.00 $200.00 2104.501 REMOVE STORM SEWER LIN FT 315 $7.00 2,205.00 2104.501 I REM vrUR. AND GUTTER UNFT 20 .00 120.00 2104.505 VE PA.VEMENT S YO 28 $15.00 $420.00 2104.509 E EACH 2 100.00 00.00 2104.509 EACH 1 0.00 $500.00 2104.513 EMENT FULL DEPTH L1NFT .. $5.0 30.00 2 2104.521 CHAIN LINK SECURITY FENCE lIN FT 50 $75.00 $3 750.00 2105.501 COMMON EXCAVATION CUYD 1800 $8.50 $15 300.00 3 2105.522 SELECT GRANULAR BORROW L CUYD 184 12.50 52 JOO.OO 2112.501 SUBGRADE PREPARATION ROADWAY STA. 5 600.00 000.041 2130.501 WATER M GALLONS 50 .00 1,500.041 4 2.211.501 AGGREGATE BASE CLASS 5 MOD TON 975 141.50 $10237.50 2232.501 MILL BITUMINOUS SURFACE 2.0" S VD 10.2 17.50 178.50 4 2350.501 TYPE MV 4 WEARING COURSE MIXTURE A TON 205 $58.00 $11890.00 4 2350.502 TYPE LV 3 NON WEARING COURSE MIXTURE B TON 241 $52.00 12,5 0 2357.502 BITUMINOUS MATERIAL FOR TACK COAT GALLON 87 $2.00 $174.00 5 2411.618 MODULAR BLOCK RETAINING WALL 50FT 560 $20.00 11200.00 2506.522 ADJUST FRAME AND RING CASTING EACH 1 600.00 0.00 2521.501 4" CONCRETE WALK S FT 585 ... 340.00 2521.602 TRUNCATED DOME PEDESTRIAN RAMP EACH 1 $1000.00 1000.041 2531.501 CONCRETE CURB AND GUTTER DESIGN B618 UN FT 1010 12.50 12625.00 8 2564.531 SIGN PANELS TYPE C S FT 20 .00 700.00 2573.502 SILT FENCE TYPE MACHINE SLICED UNFT 1200 .00 2 0.00 2573.530 INLET PROTECTION TYPE A EACH S 0.00 2400.00 2573.530 INLET PROTECTION TYPE C EACH 3 $300.00 $900.00 2503.602 CONSTRUCT BULKHEAD EACH 1 0,00 300.00 2503.603 TELEVISE STORM SEWER lIN FT 618 .25 $1390.50 7 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 48-4020 L1NFT 24 215.00 mm 2506.502 CONSTRUCT DRAINAGE STRUCTURE DESIGN G EACH 8 10.00 000.00 2506.502 CONNECT INTO EXISTING CATCH BASIN EACH 2 00.0 1600.00 2506.502 CASTING ASSEMBLY MANHOLE EACH 3 0." 1200.00 2506.S02 CASTING ASSEMBLY CATCH BASIN EACH 8 SOO.OO $4 000.00 2503.541 12" RC PIPE SewER DESIGN 3006 CLASS V L1NFT 618 7.50 $16995.00 8 2504.604 4" POLYSTYRENE INSULATION '0 yo 533 5.00 13325.00 2564.602 PAVEMENT MESSAGE HANDICAPPED SYMBOL - PAINT EACH Z 150.00 300.00 2582.502 4" SOLID LINE WHITE - PAINT L1N FT 432 2.50 1,080.00 Z582.502 8" SOLID LINE WHITE - PAINT UN FT 56 .00 $224.00 9 2515.505 SODDING TYPE LAWN INCL. TOPSOIL AND FERT. .ayo 547 2.50 1367.50 10 2515.523 EROSION CONTROL BLANKETS CATEGORY 3 S VD 444 $1.25 $555.00 11 2575.605 SEEDING MIX 240 INC. FERT. MULCH DISC ANCHOR ACRE 0.52 TOTAL CONSTRUCTION COST.. $167,783.00 10%CONTlNGENCY= $16,na.30 SUBTOTAL = $184,561.30 22% INDIRECT.. $40 603.49 TOTAL PROJECT COST.. $225,164.79 NOTES: 1 CLEAR AND GRUB SMALL SUMAC TREES FOR EAST PARKING STALLS. 2 FENCE REQUIRES LOWERING TO MATCH PROPOSED ELEVATION OF ROADWAY AND ADJACENT GRADING. 3 ASSUMES i-FOOT UNDER ENTIRE CONCRETE WALK AND FOR 1oo-FEET OF FULL-WIDTH SUBGRAOE CORRECTION UNDER ROAD. 4 COMMERCIAL PAVEMENT SECTION DESIGN. 5 ASSUMES 4-FOOT TALL WALL ALONG ENTIRE LENGTH. 6 ASSUMES 5 SIGNS REQUIRED AT 4 SQ FT PER SIGN. 7 ASSUMES ALL MANHOLE BUILDS ARE a..FEET. 8 ASSUMES 220' OF 8" WATERMAlN AND 380' OF 18"WATERMAlN WILL REQUIRE INSULATION FOR LOWERING ROAD. 9 INCLUDES 2 ROLLS OF SOD BEHIND ALL CURB. 10 ASSUMES EROSION CONTROL BLANKET WILL BE REQUIRED OVER AN AREA 200' x 20' NEAR CHURCH PARKING LOT. 11 ASSUMES 15' SEEDING REQUIRED BEHIND ALL SODDED AREAS. City Council Agenda- 06/25/07 5G. Consideration of a reQuest for a Conditional Use Permit for a Concept Stae:e Planned Unit Development approval for a mixed-use commercial proiect to be known as Monticello Professional Center. Applicant: Mike Schn~ider. (NAC) The Planning Commission heard this item at their June 5, 2007 meeting and recommended approval of the request. The Commission concurred with staff's concerns including those related to setbacks, parking, and tree preservation. However, the Commission stated that, as the request is for concept stage approval only, the proposed plan is appropriate for providing the applicant with further direction in the preparation of development stage plans. The Commission therefore recommended approval subject to all conditions in Exhibit Z. The applicant provided additional information to the Commission during the June 5th meeting, including building elevations. Staff also confirmed at the June 5th meeting that the applicant had moved the non-conforming signs that had been placed on the site. A. REFERENCE AND BACKGROUND: Mike Schneider is seeking a Conditional Use Permit for a Concept Stage Planned Unit Development approval and for the construction of a mixed-use commercial development located at the intersection of County Road 75 and Meadow Oak Drive, southwest ofInterstate 94. The site is 7.93 acres in size and is currently located outside of the City limits, in Monticello Township, but is within the City's Orderly Annexation Area. The Planning Commission initially reviewed the application for a Conditional Use Permit for a Concept Stage Planned Unit Development at their May I, 2007 meeting. At that time, the submitted site plan included land that was not under the applicant's control. The proposed concept plan included land owned by MnDOT as part of the development project for parking stalls, landscaping, ponding, and a hotel building. The applicant did not demonstrate ownership or any timeline for acquisition of any of this right-of-way land. In the event that this land would not be acquired, or would not be acquired in a timely manner, the parking, setbacks, and overall site layout would have potentially required modification. Therefore, the Planning Commission tabled action on the request in order to allow the applicant to submit a revised concept plan, illustrating the proposed development area limited to land only under the applicant's control. This report addresses the newly revised concept plan and provides general feedback on the sketch plan for the entire project. ANALYSIS The applicant has submitted a revised concept plan that has been downsized to include only land under the applicant's control, containing three office buildings. The following lists the sizes of the proposed structures: Building I: Building 2: 12,000 Total Square Foot Single-Story Office Building 23,800 Total Square Foot Two-Story Office Building Building 3: 23,800 Total Square Foot Two-Story Office Building It was recommended that the applicant submit a sketch plan for the entire development area, including the area outside ofthe applicant's control that may be included in future phases of the project, in order to give the Planning Commission and Council a clear idea ofthe entire proposed development. As a part of the overall sketch plan submittal, the applicant is proposing a mixed-use commercial center, consisting of a total of four office buildings, a hotel, and a restaurant. The remaining structures to be proposed are as follows: another 10,000 square foot single story office building, a 50-room hotel, and a 5,000 square foot restaurant. However, this report addresses only the area under the applicant's control for the General Concept Stage. Timing of future phases of this project has not been determined at this time. Upon approval of any Concept Stage PUD application, the following additional applications shall be required: . An annexation request application . An application for rezoning . Preliminary Plat and Development Stage Planned Unit Development application Comprehensive Plan. The subject property is located within the Low Density Residential Expansion Area according to the Comprehensive Plan. General Concept Stage Submittals. The submission requirements for the General Concept Stage portion of the Planned Unit Development process are listed in Section 20-3. The following information still needs to be submitted regarding the General Concept Stage: 1. Generallnformation (d) Evidence that the applicant has sufficient control over the subject property to effectuate the proposed PUD, including a statement of all legal, beneficial, tenancy, and contractual interests held in or affecting the subject property and including an up-to-date certified abstract of title or registered property report and other such evidence as the City Attorney may require to show the status of the title or control of the subject property. 2. Present Status (b) The existing zoning classification and present use of the subject property and all lands within one thousand (1,000) feet of the subject property. (c) A map depicting the existing development of the subject property and all land within one thousand (1,000) feet thereof and showing the precise location of existing streets, property lines, easements, water mains, and storm and sanitary sewers, with invert elevations on and within one hundred (100) feet of the subject property. 3. A written statement generally describing the proposed PUD and the market which it is intended to serve, showing its relationship to the City's Comprehensive Plan and how the proposed PUD is to be designed, arranged, and operated in order to permit the development and use of neighboring property in accordance with the applicable regulations of the City. 2 4. Site Conditions. The following shall be included: (c) Slope analysis. (d) Location and extent of water bodies, wetlands, and streams and flood plains within three hundred (300) feet of the subject property. (f) Existing drainage patterns. (g) Vistas and significant views. (h) Soil conditions as they affect development. 5. A tabulation of the proposed approximate allocations ofland use expressed in acres and as a percent of the total project area, which shall include at least the following: (a) Area devoted to residential uses. (b) Area devoted to residential uses by building type. (c) Area devoted to common open space. (d) Area devoted to public open space. (e) Approximate area devoted to streets. (f) Approximate area devoted to and number of off-street parking and loading spaces and related access. (g) Approximate area and floor area devoted to commercial uses. (h) Approximate area and floor area devoted to industrial or office uses. 6. When the PUD is to be constructed in stages during a period of time extending beyond a single construction season, a schedule for the development of such stages or units shall be submitted stating the approximate beginning and completion date for each such stage or unit and the proportion of the total PUD public or common open space and dwelling units to be provided or constructed during each such stage and the overall chronology of development to be followed from stage to stage. 7. When the proposed PUD includes provisions for public or common open space or service facilities, a statement describing the provision that is to be made for the care and maintenance of such open space or service facilities. If it is proposed that such open space is owned and/or maintained by any entity other than a goverumental authority, copies of the proposed articles of incorporation and bylaws of such entity shall be submitted. 8. General intents of any restrictive covenants that are to be recorded with respect to property include in the proposed PUD. 9. Schematic utilities plans indicating placement of water, sanitary, and storm sewers. Zoning. As was stated, the property is currently located in Monticello Township, but within the Orderly Annexation Area. The property is surrounded by rights-of-way, Interstate 94 to the north and County Highway 75 to the south. The property surrounding the rights-of-way is located within the city. The property to the north is zoned Single Family Residential, and the property to the south is zoned Residential PUD. Rezoning of the land is dependent upon approval of an annexation request. Due to the land uses proposed, B-3 zoning appears to be most appropriate for the site. The purpose of the B-3, Highway Business District, is to provide for and limit the establishment of motor vehicle oriented or 3 dependent commercial and service activities. Offices, hotels, and restaurants are all permitted uses in the B-3 District. Lot Requirements and Setbacks. The following chart demonstrates the applicable performance standards of the B-3 District. The submitted site plan is not to scale; therefore the measurements are merely estimates and are not accurate. Required Proposed Current Lot Building I Building 2 Building 3 Lot Area N/A 7.9 acres N/A N/A N/A Lot Width 100 feet 1,034 feet N/A N/A N/A Front Yard Setback 30 feet N/A 55 feet 120 feet 120 feet (County Hi.hwav 75) Side Yard Setback 10 feet N/A + 10 feet + 10 feet +10 feet Rear Yard Setback 30 feet N/A 80 feet 60 feet 50 feet (Interstate 94) Setback Between May be flexed N/A 195 feet-Bldg.2 60 feet-Bldg. 3 60 feet-Bldg. 2 Buildinl!;s witb a P.U.D. 195 ft. -Bldg 1 Building Heigbt 2 stories max N/A 1 story 2 stories 2 stories Due to the size of the site, it appears as though setback requirements could be met. While some degree of flexibility may be allowed through a PUD, the Ordinance does not allow flexibility to the perimeter setbacks. Parking. The concept plan proposes a total of284 parking stalls for the three office buildings. The parking requirement for office space is three spaces plus at least one stall for each 200 square feet of floor area. "Floor area" is determined on the basis of the exterior floor area dimensions of the building times the number of floors, minus ten percent. For each building, ten percent of the gross floor area is estimated to be reserved for utilities, hallways, restrooms, and the like. The parking calculations for the three office buildings are as follows: Building 1 (80 ft x 150 ft) Building 2 (70 ft x 180 ft) Building 3 (70 ft x 180 ft) 12,000 s.f. x 1 story = 12,000 s.f. 1st story = 12,600 s.f. 2nd sto = 11,200 s.f. lst story = 12,600 s.f. 2nd sto = 11,200 s.f. 23,800 s.f. 23,800 s.f. Gross square footage: Utilities, hallwa s, restrooms, etc.: Net s uare footage: One stall/200 s.f. of floor area: 12,000 + 23,800 + 23,800 = 59,600 x 0.10 = 59,600 - 5,960 = 53,640/200 = 59,600 s.f. 5,960 s.f. 53,640 s.f. 268.20 + 9 = 278 s aces As proposed, the site exceeds the minimum requirement for parking stalls. As was stated earlier, the overall sketch plan includes plans to also construct another 10,000 square foot single-story office building, a 50 room hotel, and a 5,000 square foot restaurant. Therefore, adequate space for additional 4 parking stalls must be available for the three additional future buildings. If the entire sketch plan were approved, some overlap in uses would be expected (i.e., restaurant guests staying at hotel, office workers eating at restaurant). The submitted concept plan does not contain any dimensions or a scale, therefore, the size of the parking stalls is not known. The applicant shall be required to demonstrate that each parking stall is a minimum of 9 feet wide and 20 feet in length. Curbing. All off-street parking areas and driveways in commercial areas are required to have a six inch non-surmountable continuous concrete curb around the perimeter of the parking area and driveways. Said perimeter curb barrier shall be located no closer than eleven feet to any lot line as measured from the lot line to the face of the curb. Portions ofthe proposed curb barrier appear to directly abut the property line, encroaching on the required setback. Staff is concerned that adjusting the curb barrier to meet the required setback would result in the loss of multiple parking spaces. The applicant shall be required submit a revised plan illustrating an adequate curb setback and how parking will function as revised. Circulation and Access. Access to the site is proposed at two locations on the south side of the property, off County Road 75. As presented, any access onto County Road 75 shall require review by Wright County and an access permit. The dimensions of internal drive lanes have not been provided. All internal drives shall be a minimum of24 feet in width, wide enough to accommodate two lanes of traffic. The applicant shall demonstrate that this requirement has been met. The consulting Engineer has recommended that the applicant revise the entrance configuration to the easterly most parking lot to distinguish it from the existing street section and has commented that all entrances and exits to the site must meet the City's width and turning radius requirements. The City Engineer has also stated that turn-lanes may be required to the site from the abutting roadway. The developer may be assessed for future improvements to the abutting roadway. Building Design. The applicant has not submitted any elevations demonstrating the potential building design. While not required as part of the concept review, this information was requested by the Planning Commission at their May meeting. At that meeting, the Planning Chair requested that the applicant provide schematics detailing the intended design for the office building. The applicant has not supplied this information. Signs. The concept plan does not include information regarding any proposed signs. The applicant has placed nonconforming signs on the subject property, advertising "For Lease/Build" for the Monticello Professional Center along County Road 75. A letter dated April 23, 2007, was sent to the applicant from Wright County regarding the nonconforming signs located on trailers and requested that the signs be removed within 15 days of receipt of the letter. As of the date ofthis report, the illegal signs have not been removed from the property. Tree Preservation. The subject site contains dense tree cover, particularly on the north side adjacent to Interstate 94. Said tree cover consists of a number of mature oak trees that the City would like preserved. Staff is concerned that the proposed configuration of the buildings will inhibit the ability to preserve valuable trees. The conservation of the existing trees is particularly important for aesthetics and to serve as a noise buffer. A formal tree inventory shall be required as part of any application for 5 Development Stage PUD. As part of the PUD process, staff recommends that a tree preservation plan also be required, maintaining a buffer along the northern property line. Stormwater. Two ponds are proposed throughout the development. No significant landscaping or other improvements are proposed surrounding these ponds, and they are therefore not expected to serve as an amenity to the development. Detailed stormwater plans shall be submitted as part of any application for preliminary plat. The City Engineer's comments regarding stormwater are included below. Grading and Drainage. The City Engineer and WSB have reviewed the proposed concept plan and have made the following recommendations regarding grading and drainage: 1. A storm water management plan will be required in which storm water ponds treat all new impervious surfaces and are connected to a controlled discharge rate, which does not increase existing discharge rates. This plan should incorporate connections to each pond and wetland as there is only one existing discharge pipe. 2. The existing stormwater facilities north of CSAH 75 shall not be disturbed during the development of the site, other than adjusting casting elevations. The City wishes to keep the stormwater system separated from the proposed development's system at all times. 3. A wetland delineation report will be required to be submitted and approved by the City on the size of the existing wetland. 4. The proposed storm water management system will be required to incorporate all City, County, and MnDOT storm water currently managed through the site. 5. A grading plan will be required to remove the existing ditch system and be replaced with a curb and gutter storm water collection system. 6. A tree protection plan should be provided to the City. 7. A berm may be required by MNDOT to block noise from 1-94. Utilities. The City Engineer and WSB have reviewed the proposed concept plan and have made the following recommendations regarding utilities: 1. Sanitary sewer service is not currently available to this site. Existing city service utilities are located on the south side of Wright County Highway 75 and the existing railroad. The applicant will be required to jack service lines under the railroad and obtain the necessary permits from the BNSF railroad. 2. Currently the developer is proposing to supply water to the site via a dead-end line by connecting to a single existing watermain line near the east side of the site. We would recommend that the developer consider looping the watermain through the site to prevent interruption of water to any of the buildings located after the initial point of interruption. This can be accomplished by connecting the watermain at the west end of the site to the existing watermain on Meadow Oak Avenue. 3. Connection of service lines to the site would require a permit from Wright County and may require jacking under the roadway. 4. Drainage and utility easements shall be required over all City-owned utilities. 5. Existing utilities such as storm sewer and fiber optic lines would need to be protected during construction. 6 General Concept Plan Review Elements. The City shall review and render a decision on the proposed general concept plan based on the following elements: (a) Overall maximum PUD density range. (b) General location of major streets and pedestrian ways. (c) General location and extent of public and common open space. (d) General location of residential and non-residential land uses with approximate type and intensities of development. (e) Staging and time schedule of development. (f) Other special criteria for development. B. ALTERNATIVE ACTIONS: The Planning Commission recommends alternative 1 below. Regarding the application for concept stage approval of the Monticello Professional Center, the Planning Commission has the following options: 1. Motion to approve the request for concept stage approval, subject to conditions listed in exhibit Z, based on the findings that the proposed commercial development is consistent with the intent and performance standards of the B-3, Regional Business District and meets the review elements of a General Concept Plan. 2. Motion to deny the request for concept stage approval, based on the findings that the proposed commercial development does not meet the intent and performance standards of the B-3, Regional Business District and also does not meet the review elements of a General Concept Plan. C. STAFF RECOMMENDATION Regarding the request for a Conditional Use Permit for a Concept Stage Planned Unit Development, staff does not recommend approval of the request as presented. The applicant did not supplied adequate information for staff to adequately review the proposed project as part of the original application. Subsequently, the applicant presented information at the Planning Commission meeting of June 5th, which did not provide any opportunity for a review. The originally submitted site plan was not to scale, and no dimensions were provided to determine setbacks, drive width, and parking stall size. The applicant submitted preliminary details of schematics and preliminary information about the quality of materials only during the July 5th meeting. Furthermore, a significant portion of the submittal requirements for the General Concept Stage portion ofthe Planned Unit Development process (Section 20-3) were not submitted. Portions of the curb barrier appear to directly abut the property line, not in conformance with the required setback. Adjusting this curb barrier to meet the 11 foot setback could result in the loss of multiple parking spaces. Staff is also concerned with the proposed configuration of the buildings and 7 the conservation of the existing trees for both aesthetics and as a noise buffer. Various approvals and permits are needed from other entities, including BNSF railroad, Wright County, and MnDDT, in order for the project to move forward. Staff is not aware of any action taken by the applicant in regards to these approvals. As such, staff does not recommend approval of the Concept Stage Planned Unit Development at this time. D. SUPPORTING DATA Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Exhibit G: Exhibit H: Exhibit z: Concept Plan Sketch Plan Submittal Topographical Survey Memo from Bruce Westby, City Engineer, dated May 21,2007 Memo from the City Engineer dated April 23, 2007 Memo from WSB dated April 23, 2007 Memo from WSB dated May 23, 2007 Revised site and building plan provided 6/5/07 Conditions of Approval 8 ~ ~ tJ ~~ - rI) .. ..:l ~ w ~ z w o ...J <C.ce '" Z 9",,,, -zz ::1-_ a:lCCVl ..n__1 ILLI ". :t: ~ 0:: o Z .. t) .. u .. .. ..l f{i ;: rn.. ..l :I: l- e:: o z 0:: w I- Z W o ...I <C~ \J ~ ~ 0 O\J\J= =zz:::l :::l--OO 00 0 o....iil 11.....1.....'1.. e e e ! ~G I I !! I I~. , li . i' i 'f; II ..1 "I irlJ ,! i I ~~); lC lid ~l I i ni ; i!l ..cd ;I' , I, II" ,I q I . III i ,', ! II !.~ I 1m I ~ I' .00 Iii" I ~'I n ii , II! i OJ 'I" ! !I. I i'n ,. . " " I UI II 'I I I! I ,I I il! II . ! i! II . I 50 I. l- I Ii ! " I I Il, d: () ~ ~ 8 ~ .. t.] ~ ;l ~ M ~ ~ ~ ~ ~ ~ ~ ~ ~ l:: >.. ~ ~ ~ I i ~ .+". . ! ~ I I, ~,j ~ Id ~ ~Il ~ ii~ ~ an e e e ~ ~ e ~ ; ~ ~ '" /OJ ..~ ~ ~.. . ~ ~ ~ .+. ~ . ........ ~ ~ ~ ~ '" ~ s ~ lil i ; I ! I I . I! IJ, I . l. i 'r~ ~I .I! ! I -If Iffl I! I ! ' i!~:; i< hi: i: i i III i in ,;(-.1 i '1" ~I 'I I . I, I'll .1 I II I,!j I 1m ' I' I q ~~ i~ , B ~ ,Ii ~ I ! ~I. II !! I I I ~.~ III I ~J'J . ',' ," i III j' II i ~' ,:" I .1 i II . hi il H . ! !I .. \ i, s. i. L I . p' I I I ~ I d~ I I' f'''' ~~ /~l , ~ . I . . ~ '~i I . '~ ~ . ~I '" ( ~ I ~ ; ~ UI! ~ .it ~ ~u .1 I 1 e e e ;! ~ e ~ ~ ;;;! ~ ~ ~ ~ ~ ~ ~ . ~ ~ ~ .+. i' elk;' -! I . . '" S . ~ ~ ~ ~ ~ i !il I I !! S !I . ,_I ~ I E!~ i!: !:C a Iii ! i H ,m i ! II ~ . o. :1: ~ I IiI ~.e: ,I, I '" ,I i , Ii ~. ., n ~il. u. III IJ. 'I" -n 1111 1m ,_d 'll' I,n 1m !,,, ," ,:11 .1lI J. i HI !~ ,~ Ilii ! ,. I! II ,I . il II I . I i I ! . i I . I , I i I ~~ ,~ /' '10, // / / .' :1 Ii , - i I' I" I. I . IP i I ! II d: ,J.. I ;" i~ ~ !! ~ ll~ ~ ~I! "~ !I ~ llr e e ~D May 21,2007 MONTICELLO Ms Kimberly Holien Northwest Associated Consultants, Inc. 4800 Olson Memorial Highway Suite 202 Golden Valley, MN 55422 Re: Monticello Professional Center Concept Stage PUD Application Review Comments City Planning Project No. 2006-028 Dear Ms Holien: On April 30, 2007 the City of Monticello received revised application materials for a Conditional Use Permit for Concept Stage Planned Unit Development for the Monticello Professional Center. Upon receiving the revised application materials the Engineering and Public Works Departments reviewed the materials and respectfully offer the following comments: 1. Currently the developer is proposing to supply water to the site via a dead-end line by connecting to a single existing watermain line near the east side of the site. We would recommend that the developer consider looping the watermain through the site to prevent interruption of water to any of the buildings located after the initial point of interruption. This can be accomplished by connecting the watermain at the west end of the site to the existing watermain on Meadow Oak Avenue. 2. Turn-lanes may be required to the site from the abutting roadway. 3. The developer may be assessed for future improvements to the abutting roadway. Please be advised that these comments are supplemental to the comments previously submitted to you on April 23, 2007. In addition, the City's Engineering Consultant, WSB and Associates, may provide comments under separate cover. Please call me at 763-271-3236 should you have any questions regarding any of the comments above. Sincerely, CITY OF MONTICELLO p14u-. C),. ~ Bruce Westby, P.E. City Engineer Monticello City Hall. 505 Walnut Street, Suite I, Monticello, MN 55362-8831 . (763) 295-2711 . Fax (763) 295-4404 Office of PubIic Works, 909 Golf Course Rd., Monticello, MN 55362 . (763) 295-3170. Fax (763) 271-3272 e e e Kimberly Holien May 21, 2007 Page 2 of2 cc: Jeff O'Neill, City Administrator John Simola, Public Works Director Angela Schumann, Community Development Coordinator Shibani Bisson, WSB and Associates, Inc. Phillip Elkin, WSB and Associates, Inc. e e e ,s f I/j ,;//(... April 23, 2007 /;(:;Y'~ /<./,-:>:-/~' :,,\,/1/\/ !1/\'I\(\I' "Il'r, I . L MONTICELW Ms Kimberly Holien Northwest Associated Consultants, Inc. 4800 Olson Memorial Highway Suite 202 Golden Valley, MN 55422 Re: Monticello Professional Center Comments on Concept Stage PUD Application City Planning Project No. 2006-028 Dear Ms Holien: On April 3, 2007 the City of Monticello received an application for Conditional Use Permit for Concept Stage Planned Unit Development for the Monticello Professional Center. Upon receiving the application materials the Engineering and Public Works Departments reviewed them and respectfully offer the following comments: I. As previously noted in a letter from WSB and Associates to Mr. Schneider dated August 10, 2006, sanitary sewer and watermain services are not currently available on his site and as such must be extended to his site at a significant cost to him. In addition. this letter noted that a permit will be required from BNSF railroad to jack a sanitary sewer line under their right-of-way. The City is not aware of any action taken by Mr. Schneider to date in regards to either of these items, and as such we would like to respectfully remind him that his project's schedule could depend on the completion of these items. 2. As previously noted in a letter from the City to Mr. Schneider dated April 4, 2007, his current site plan shows development on property that is currently owned by the State of Minnesota. As such these comments do not address any development on State-owned property. 3. The existing stormwater utilities north ofCSAH 75 shall not be disturbed during the development of the site, other then adjusting casting elevations. The City wishes to keep our stormwater system separate from the proposed developments system at all times. 4. Drainage and utility easements will be required over all City-owned utilities. 5. The City would like Mr. Schneider to be made aware that the Minnesota Department of Transportation (MnJDOT) is currently proposing to replace the 1-94 twin bridges over CSAH 75 in a project to be let next year (2008). During MnJDOT's bridge replacement project the existing CSAH 75 access ramps to and from 1-94 will be open to traffic which may interfere with the construction and schedule of the developer's project. We therefore recommend that Mr. Schneider contact MnlDOT to discuss the schedule of their project prior to finalizing his plans. Monticello City Hall, 505 Walnut Street, Suite 1, Monticello. MN 55362-8831 . (763) 295-2711 . Fax (763) 295-4404 Office of Public Works, 909 GoIfCoUISe Rd., Monticello, MN 55362' (763) 295-3170' Fax (763) 271-3272 e e e Kimberly Holien April 23, 2007 Page 2 of2 Additional comments from the City's Engineering Consultant, WSB and Associates, will be provided under separate cover. Please call me at 763-271-3236 should you have any questions regarding any of the comments above. Sincerely, CITY OF MONTICELLO ~~,..~ Bruce Westby, P.E. City Engineer cc: Jeff O'Neill, City Administrator John Simola, Public Works Director Angela Schumann, Community Development Coordinator Shibani Bisson, WSB and Associates, Inc. Phillip Elkin, WSB and Associates, Inc. e e .... WSB 8F & A.ssociates, Inc. Infrastructure. Engineering _ Planning. Construction 701 Xenia Avenue South Suite 300 Minneapolis, M N 55416 Tel: 763541-4800 Fax: 763541-1700 April 23, 2007 Ms. Kimberly Holien Northwest Associated Consultants, Inc. 4800 Olson Memorial Highway Suite 202 Golden Valley, MN 55442 Re: Monticello Professional Center Concept Plan Review Comments City of Monticello Planning Project No. 2006-028 WSB Project No. 1627-60 Dear Ms. Holien: We have reviewed the proposed site plan for the above-referenced project dated April 2,2007 and offer the following comments: STREETS 1. The proposed development uses land designated as the City of Monticello, Wright County and MnDOT right-of-way. The applicant will need to abandon existing and dedicate new right-of-way to complete the project. 2. All entrances and exits to the site must meet the City of Monticello width and turning radius requirements. 3. Revise the entrance configuration to the easterly most parking lot to distinguish it from the existing street section. UTILITIES 1. Sanitary sewer service is not currently available to this site. Existing city service utilities are located on the south side of Wright County Highway 75 and the existing railroad. The applicant would be required to jack service lines under the railroad along with obtaining the necessary permits from the BNSF railroad. 2. A water service line is also not available at this site and would require a connection similar to the sanitary sewer. Existing utilities such as storm sewer and fiber optic lines would need to be protected during construction. 3. Connection of service lines to the site would require a permit from Wright County and may require jacking under the roadway. e GRADING. DRAINAGE. AND EROSION CONTROL PLAN 1. A storm water management plan will be required in which storm water ponds treat all new impervious surfaces and are connected to a controlled discharge rate, which does not increase c: Docrunent.r alld SelliRgs""gd4st:/runulIll>.ClII.ocnI s..,""g~IT~mporn". lrwmel Flles\Ol.K6KlLTR_K Holi4~-OI]J07-Ii."'pltlllll/e"'ew."'" e e e Ms. Kimberly Holien April 23, 2007 Page 2 existing discharge rates. This plan should incorporate connections to each pond and wetland as there is only one existing discharge pipe. 2. A wetland delineation report will be need to be submitted and approved by the City on the size of the existing wetland. 3. The proposed storm water management system will be required to incorporate all City, County and MnDOT storm water currently managed through the site. 4. The site plan proposes a pond on property currently owned by JlJnDOT. The applicant must first obtain the rights to pond on this site before it can be considered part ofthe site's storm water management facility. 5. A grading plan will need to remove the existing ditch system and replace it with a curb and gutter storm water collection system. 6. The applicant should provide the City with a tree protection plan. 7. A berm may be required by MNDOT to block noise from I 94. Please contact me at 763-287-7162 if you have any questions. Sincerely, WSB & Associates, Inc. Phillip A. Elkin, PE Project Manager Enclosure cc: Bruce Westby, City of Monticello Bret Weiss, WSB & Associates, Inc. CDo"""""In4"wrrJ s"U/ngs\:r'W'Jo.."'in......m'Cl'Lo..IlI '<;mu,!JsIToJmpn",,,,',,,,,n/e1 Files!OLK6/JlL17l.K Ho/iell-M2Jti7-.i,epJtlnJR,,'-ew.4tx e e e ... WSB .9 &As.Jociates./nc. Infrastructure _ Engineering. Planning _ Construction 701 Xenia Avenue South Suite 300 Minneapolis. MN 55416 Tel: 763541-4800 Fax: 763 541.1700 May 22, 2007 Ms. Kimberly Holien Northwest Associated Consultants, Inc. 4800 Olson Memorial Highway Suite 202 Golden Valley, MN 55442 Re: Moon Motorsports Amendment to CUP Plan Review Comments City of Monticello Planning Project No. 2004-66 WSB Project No. 1488-28 Dear Ms. Holien: We have reviewed the proposed site plan for the above-referenced project dated April 17, 2007 and offer the following comments: Plan Sheet C 1.1 1. It is difficult to differentiate the concrete from the gravel surface due to the similar shading used on the plan set. The plans should be revised so that there is a distinct difference between these markings. 2. The gravel surface used for the outdoor storage should be 100% crushed material to avoid dust problems. 3. The applicant should include the distance between the proposed driveway entrance and the nearest intersection (90th Street). Plan Sheet C 1.2 I. The driveway entrance will need to use 8618 curb and gutter to match the Chelsea Road curb section. 2. The applicant should submit a drainage map detailing the drainage areas to each catch basin and how much runoff is directed off-site. The applicant should coordinate drainage to the west with the adjacent property owner. Plan Sheet C 1.3 1. 2. Use DIP bends for watermain, not deflections, as the lines need to be locatable vertically. A minimum 18-inch separation will be required between utilities in all locations where lines cross. C:IDoc_~lS"and Sellinp'<tngfla.sc/llmfa_ClILo<:a/ SeIWlgz\Te1ff{1f>l'lU1 J~W.1'/t!.1 FIIrJiOlJ(6IN:.TR-K [{(}1~n-f}511Q7-fllt~it!w_rIoc e e e Ms. Kimberly Holien April 23, 2007 Page 2 Plan Sheet A 1.2 I. The landscaping plan indicates that trees will be planted in an area along the west property line that had previously been identified as preserved in the grading plan. Please clarify the activity in this area. Please contact me at 763-287-7162 if you have any questions. Sincerely, WSB & Associates, Inc. Phillip A. Elkin, PE Project Manager Enclosure cc: Bruce Westby, City of Monticello Bret Weiss, WSB & Associates, Inc. C:~1Wl tUrds,mfrtg:;'arrgMSCirwM7I1I.CII!oca( Setlingo\T~mpowu" f_,."., Fil...IOLK68ILTR-ICHalk"'()J1]/J.7_si~ploNliNifw.dor: Exhibit Z Conditions of Approval Concept Stage Planned Unit Development Monticello Professional Center I. The applicant comply with the recommendations of the Planning Commission on 06/05/07 and contained within the 06/05/07 staff report as related to: a. Parking b. Streets c. Tree Preservation d. Open Space e. Signs f. Grading & Drainage g. Easements h. Sanitary Sewer 1. Curbing Barrier j. Provide detailed building schematics k. Setbacks 1. Circulation 2. The applicant comply with the recommendations of the City Engineer as detailed in the letters dated April 23, 2007 and in the letters from the consulting engineer, dated April 23, 2007 and May 23,2007. 9 '" u ~ ~ :c~ -u )'" r)~ UCr-. i!::....o lI"-c -:)N = a:II ... !:C.... "' z ~ )<< JJ:i~ ....co Ul1.W ,)Wu. - .... - - '" II" > - a: ) < - Z .. - - ~ - .... LLI ~~. r- I I I I! I I t I I I z < .... l1. w .... - '" lJ \j Z Z C - ..oJ ClJlJ_ ::!ZZ::J ::J--alll') alcgLLlLLl LL1:::!-UU U:::::l:::::l~... II') LLI U <( c.. II') lJ Z Planning Commission Minutes - 06/05/07 conditions. Grittman stated that the recommendation would be to table to the next regular meeting, when a follow-up report can be provided. MOTION BY COMMISSIONER SPARTZ TO TABLE ACTION ON A REQUEST FOR EXTENSION OF A PRELIMINARY PLAT AND CONDITIONAL USE PERMIT FOR DEVELOPMENT STAGE PLANNED UNIT DEVELOPMENT FOR THE PROPOSED VILLAS AT ELM FOR A PERIOD OF 30 DAYS, TO REQUIRE THAT NUISANCE ISSUES ON THE PROPERTY OF THE PROPOSED DEVELOPMENT BE ADDRESSED. 6. Consideration of a re uest for extension of a Prelirniri"'" Applicant: Monticello 39. Inc. MOTION SECONDED BY COMMISSIONER VOIGHT CARRIED, 3-0. Commissioner Spartz inquired if the adjace required to be annexed for this project to it is actually Hidden Forest that needs to come" deadline must also be approaching. Grittman resp item was approved a bit later. JIoFalls is lanner Grittm """ icated that fen noted that their plat that the preliminary plat for that Motion by Conunissioner Spartz to ree "" for Hidden Forest to June 7", 2008, witfii~e c ",2005 Preliminary Plat a. b. ,~asements for onsite drainage and for drainage expenses associated with the review of the Motion s~p~ded by mmissioner Voight. Motion carried, 3-0. Prior to the planner's report, the applicant distributed additional information to the Commissioners. Planner Holien presented the staff report. She explained that the applicant had presented a concept plan during the last Commission meeting which included property not under their control. As such, staff and the Commission continued the item, allowing the 2 Planning Commission Minutes - 06/05/07 applicant to revise their plan. The applicant has now provided a plan that has taken all of the property previously shown in the concept plan and shown it as a sketch plan. The concept plan requested for approval now includes only that property under the applicant's control. Holien explained that at that time, the Commission had also requested that the applicant provide information describing the buildings. Holien stated that the proposal is for a mixed use commercial site. She stated that upon approval of any concept stage plan, the applicant must submit an application for development stage PUD, a preliminary plat and request for annC;:{!,;'ltion, as this property is outside of the City in the Orderly Annexation Area. Holien8lilld.that due to the nature of the proposal, a B-3 zoning district appears to be appropriate. The setbacks have been calculated under that zoning designation. H n that the submitted plan was not to scale, and that all setbacks have been esti.. d. Sh icated that for the most part, it appears that all building setbacks can......;. ]!l;i.llll}t. Once . . . has an opportunity to review a plan to scale, setbacks can be veritic;:d.Hb1ien stated thaf"";; 'llleter curb barriers are required to be no closer than 11. ..t the pr erty line. Sh that portions of the curb appear to encroachin e setb,which when a., ed, will result in loss of multiple parking spaces. She s e revised plan slibuld meet setbacks. "!,"': Holien stated that access is propo,om two poinfs~~th~t dimensions of internal drive is required to be 24'. The en llesting thaft}il)il'pplicant revise the access near Meadow Oak Drive, and has at . om .,f at turnlanes may be required. Regarding building design, the applic~! h~:tl.o any elevations, which the Commission Chair' for at the MiI~'iffieeting. ?;i!t Holien noted; . e subjeCf!site contains lfC;:!ls;~. tree coverage, which staff recommends to be preserved.<)j~ st~t~tBat..the site .(lilt configuration will not allow preserv<iggps of the"se!tl:eS. ;Staij:~gw4~slb like a preservation plan as the trees serve botl1anill}StP.~1f:ig;; andf{' controlp~bse. .. Holien reported that regardin inad uate information and ot ,,' "''''''',,~ request, staff does not recommend approval based on r items as noted in the staff report. Holien !l:4 that in r~!ationship to the non-conforming signs on the property, the signs have been:J:~oved a$j:of that afternoon. ,\:;:.:;;:;+. J:+' Voight asked if;iff~ building proposed in the concept plan is a 12,000 single story or 10,000 single-story. Holien confirmed the building to be a 10,000 single story unit. Holien stated that staff has not seen the material passed out this evening, only that which is in the packets. Dragsten asked if it is realistic to have a tree preservation plan with this layout. 3 Planning Commission Minutes - 06/05/07 O'Neill responded that as noted earlier, staff and the applicant are working with MNDoT, with the thought that the development can be pushed forward to save additional trees along the interstate. O'Neill stated that the plan is not intended to increase developable area, but increase the ability to provide a screen. O'Neill stated that City Engineer Bruce Westby has been working with MNDoT, although he is not sure about a timeframe. Schneider indicated that he has had contact with Jamie Huckby with MNDoTas far as construction. He stated that he had talked with them today about possibly acquiring land on west end, because MNDoT will need to acquire some land t9:il:Rake a six lane bridge. Schneider said that Huckby had indicated that they are workj!l~i'dfiit4e plans right now. Schneider reported that as far as County 75, when MNDo~t~~termines what is needed, that will determine if and when they will vacate the ol~:ctree~~:i~ntrance. ......., tWb\M1<jing schemat iled;th~~ommission of visibility f1t;,commuruty. Dragsten them during the m~~np , ..' strating. Dr~g$teHt~~ GQfumissionl import Although the Commission looking at where they are going to sit in terms <l that when the Commission only gets Sp~,inquired ifthej~pmmi on has previously approved something on this site. Staff confitined that the Cdillinission had not. ':<<it" .>/< ".-<'<i"",. ,?i! As far aii6~~5~Pt st~~~: Spartz reiterated the City's concerns and stated that he is also concerned abo\.!~t4.ese items. Spartz referred to signs only being removed that afternoon, which illustrate~E.is frustration. As this is concept stage, Spartz stated that he doesn't see that there is a problem with these three buildings. He noted that a lot oftrees have been removed from the site already and that saving any existing trees would be a good thing. Voight stated that he has similar sentiments as Commissioner Spartz. He indictaed that as a concept, he thinks this would be a good spot for what is proposed. However, he expressed frustration with the signs and lack of getting materials. 4 Planning Commission Minutes - 06/05/07 Stumpf asked where the solution came from: for a 6 lane bridge. Schneider responded that MNDoT had reported that to him during his appointment regarding the land acquisition. Stumpf asked if the City is in negotations for a 6-lane bridge. O'Neill stated that we are reacting what MNDoT wants to do with that bridge for many years. Stumpf asked about a construction timeline. O'Neill replied that it would depend on the bonding bill passing, that he knows it was a priority. Stumpf stated that the plans for a 6 lane bridge surprises him in regard to things moving forward that quickly. Chairman Dragsten opened the public hearing. Hearing no co closed the public hearing. Schumann requested copies of what was distributed by""" j<'., 'T"/' Grittman stated that whatever action the Comrni~,,~~~J~es, it w;;~i~ige helpful to provide direction to the applicant in order to rq~e(e~p~ctation for itt~""l:lf concern. . Streets . Trees . Open space . Grading & drainage . Easements . Sanitary Se · Curbing ... .' er Ai".. . Mon;"cl~~ schem~~ps . Setbacks .... . , . Circulation Dragsten stated that if approved, the Co outlined in the staff report, which included ])mgstenstat~clill<lt the Ce ission seemed to agree that B-3 was probably most appropriate witlifti..tl1t: PUD' '. tion. He noted that the proj ect needs to be a superior prodl,lct. \,:"'::< MOTION BY COMMISSIONER VOIGHT TO RECOMMEND APPROVAL OF THE REQUES~.!IT'9R CONCEPT STAGE APPROVAL, BASED ON THE FINDINGS THAT THEPlwPOSED COMMERCIAL DEVELOPMENT IS CONSISTENT WITH THE INTENT AND PERFORMANCE STANDARDS OF THE B-3, REGIONAL BUSINESS DISTRICT AND MEETS THE REVIEW ELEMENTS OF A GENERAL CONCEPT PLAN RECOMMEND APPROVAL OF CONCEPT STAGE APPROVAL, SUBJECT TO CONDITIONS OUTLINED BY CHAIRMAN DRAGS TEN AND WITHIN THE 06/05/07 STAFF REPORT. MOTION SECONDED BY COMMISSIONER SPARTZ. MOTION CARRIED, 3-0. 5 City Council Agenda- 06/25/07 SR. Consideration of a request for Amendment to a Planned Unit Development for expansion of Open and Outdoor Stora2e. Applicant: Sunnv Fresh Foods, Inc. (NAC) The Planning Commission heard this item at their June 5, 2007 meeting and recommended approval ofthe Conditional Use Permit request. The Commission asked the applicant to clarify the height of the silos. The applicant stated that the top of the guard rail will be approximately 44 feet % inches and the top of the silo will measure 41 feet 8 inches. In relationship to the request by DAT and the Planning Commission that the applicant discuss future expansion plans in the central community district, staff will be arranging a meeting with Sunny Fresh representatives in the next month in order to incorporate information learned into the comprehensive plan update. A REFERENCE AND BACKGROUND: Sunny Fresh Foods, Inc. is requesting a Conditional Use Permit to allow an expansion of Open and Outdoor Storage on the Sunny Fresh Foods property at 206 West 4th Street. The applicant is proposing outdoor storage of eight liquid process silos. The site is zoned CCD, Central Community District. Comprehensive Plan. The subject site is guided for commercial land uses. Zoning. The subject site is zoned CCD, Central Cormnunity District. The purpose of the CCD central community district is to implement the plans and policies of the Monticello Downtown Revitalization Plan, as that Plan is designed to provide for the establishment and continuation of a traditional downtown area in Monticello's primary commercial core. ANALYSIS The subject use is a legal non-conforming industrial use in the CCD that has been grandfathered in. Sunny Fresh is proposing to construct eight 43 '8" liquid process silos in the place of eight liquid process tanks. Five of the tanks will be installed on the north east side of the plant and will be completely enclosed with a ground level screen wall to be approximately 15' in height. The other three silos will be installed in an open atrium in south central portion of the plants. The eight silos will contain a liquid egg product. The applicant is not proposing to increase the impervious surface of the site with the outdoor storage facilities. Siguage. No changes to signage are proposed for the conditional use permit. Conditional Use Permit. Open and outdoor storage is allowed as an accessory use in the CCD District by Conditional Use Permit, provided that: 1. The area is fenced and screened from view of neighboring residential uses or if abutting a residential district in compliance with Chapter 3 Section 2G ofthis ordinance. Comment: The site does not border any residentially zoned properties. Council Agenda: 6/25/07 2. Storage is screened from view from the public right of way in compliance with Chapter 3 Section 2G of this ordinance. Comment: Five of the eight silos will be screened by a fifteen foot wall at ground level. This screening will not screen the silos from adjacent properties. The remaining three will be enclosed and screened by the existing building. Due to the height of the silos, they will be visible. However, stafJbelieves that any attempt to screen the silos would be more obtrusive than the silos themselves. Due to the location to the interior, the visual efJects of the silos will lessen as one nears the property. 3. Storage area is grassed or surfaced to control dust. Comment: The silos will be set on concrete pads. 4. All lighting shall be hooded and so directed that the light source shall not be visible from the public right of way or from neighboring residences and shall be in compliance with Chapter 3 Section 2H of this ordinance Comment: Safety lighting will be installed to the catwalks for emergency nighttime access and is intended to meeting city lighting standards 5. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. Future Expansion. As stated above, the applicant is a legal non-conforming industrial use that has been grandfathered in to the CCD, which is the City's civic core. The Comprehensive Plan Task Force has discussed the CCD District, and determined that the policies ofthe 1997 Comprehensive Plan are still valid for this area. In regard to this area, the Comprehensive Plan states that "investment in the traditional downtown should focus on facilitating a transition to a recreation center and entertainment based center." The subject application illustrates that the applicant is continuing to expand in their existing site. In that regard, staff encourages the applicant to work with the City in addressing any future expansion of this industrial use in the CCD. B. ALTERNATIVE ACTIONS: The Planning Commission recommends alternative 1 below. I. Motion to approve the Amendment to a Planned Unit Development for expansion of Open and Outdoor Storage, based on a finding that the proposed expansion is consistent with the original terms of the Planned Unit Development for Sunny Fresh Foods, subject to conditions list in Exhibit Z. 2. Motion to deny the Amendment to a Planned Unit Development for expansion of Open and Outdoor Storage, based on a finding that the proposed expansion is not consistent with the original terms of the Planned Unit Development for Sunny Fresh Foods and is not an appropriate expansion within the CCD. 3. Motion of other. Council Agenda: 6125107 C. STAFF RECOMMENDATION: Staff recommends approval of the request for Outdoor Storage eight liquid process silos, subject to the conditions outlined in Exhibit Z. While the silos will be approximately ten feet taller than the existing silos they shall not adversely affect the neighboring properties due to the silos being painted a discreet white. Lighting proposed on the silos is for safety proposes only and shall be required to meet City standards. DA T has reviewed the project and also recommends approval of the Sunny Fresh CUP with the condition that staff discuss future expansion plans in the downtown area with the applicant. D. SUPPORTING DATA: Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Exhibit Z: Project Narrative Site Plan Elevation from south looking north Elevation from east looking west Photo of existing silos from east looking west Photo of silos existing location and proposed new silos Conditions of approval I\? tit A~r__ 5-2-07 Sunny Fresh Foods Inc. 206 West 4"' Street Monticello, MN 55362 Silo Install Narrative Letter Dear Review Committee's tit We propose to replace 8 liquid process tanks with 8 liquid process silos located and attached to the Sunny Fresh Foods, Monticello plant campus. The purpose for this addition is replacement of current older, smaller capacity tanks. We propose to install 5 of these tanks on the north east side of our plant June 26 and 27th. Our plan is to totally enclose the north silo area with ground level screen wall to a height of approximately 15'. The remaining 3 silos will be installed in an open atrium area in the south center of the plant in early August. All silos will be installed and set on concrete pads directly outside the plant with attached alcoves permitting access to the silo ports from inside the plant. The silos will be 43' 8" from pad to center top. Our current taller silos are 33' 8," of which we have 3(...see photos or drawings). The proposed silos and catwalks will be smooth sided and white painted. Any exposed piping will be insulated and white vinyl coated similar to the existing silos in appearance. Catwalks will be attached to the tops to connect the silos together to permit maintenance access. We propose to install safety lighting to the catwalks for emergency nighttime access only. We intend this lighting to meet city lighting standards. During this project we have no intentions of making any landscaping or signage changes. We recognize the city requirements for screening however for this project we request an exception to omit screening. These silos are designed to be smooth, clean lined vessels that would not benefit astatically from a bigger more intrusive wall or box. In addition, the structural additions that would need to be engineered to support the weight of the screening, wind sheering and additional snow loading would be extensive and be more obtrusive to the skyline. Respectfully submitted by, Steve Grinnell Process Engineer I Project Manager Sunny Fresh Foods Inc., Monticello tit e e e f' , .""L 6 I~~ I J..r--1. , ~ '-t'----L ~ ( L , '" ~ "tI Z '" Z !il -< o .., ~ ~ o :c ~ d '" 8 III VI ~ " ~ z " l..di L '^' IIiUlI!lIlI1I o ., II ", II I .6 D ".-1. , tit '! '! \. tit (/) o C -I :I: I ,,~ .- o o ^ :z G) :z o ;;0 -I :I: · 18 " I I ~ Ii' , Iii Ilj .17 ~ ~:z rrl ~::;: (/) r o (/) -I>- ~ I co ~ ~ ~ ~ e e e H .. Ii j, ii I Ie fTl )> CJ) --1~ ~ fTl CJ) --I CJ) J o CJ) ~ ~ 31'-9' ~ *I'-a" 91 [=- e e Current 4-10-07 Existing Silos. (East looking West on the North end of the plant.) e . e 3 Proposed New Silos (along side existing) e South Side Proposed Layout (South looking North) e Council Agenda: 6/25/07 Exhibit Z Conditions of Approval 1. The applicant shall verifY the actual height of the proposed silos. (Satisfied by the applicant at Planning Commission). 2. All lighting proposed for the site shall be in compliance with the standards of the Zoning Ordinance. Planning Commission Minutes - 06/05/07 -l(' 8. Public Hearing - Consideration of a request for Amendment to Planned Unit Development for expansion of Open and Outdoor Storage Applicant: Sunnv Fresh Foods Planner Holien presented the staff repot, stating that Sunny Fresh Foods is seeking an amendment to Conditional Use Permit to allow expansion of open and outdoor storage on their site. The proposal includes the addition of 8 liquid process silos, which replace some existing tanks on site. Holien stated that site plan shows 5 existing silos on the north side, enclosed with ground level screening wall. The 8 silos are proposed to contain a liquid egg product. No changes to signage are propos~, Holien explained that the ordination outlines criteria that the storage be screened frqpithepublic right of way. However, the building will screen some of the view and ~~:~preening walls would not screen from adjacent properties. Staff believes that ~~<!iffern~~,;!? screen would be more obtrusive than the storage itself. Holien referred toth~;~ighting];;~~~ch is located on the catwalks for connecting silos. Holien stated thatAt!l;,<;tpplicant haS" . cated that they intend to meet lighting standards. ' , , ~,d]~k2E;:!; ''i Holien reported that staffis recommendinli"apPtpyal oft1l:s:equest, subje . onditions outlined in Exhibit Z. She noted that DA T had Teyi~"':.!tdllierequest and hif~ recommended approval, with the recommendation ; <'staff discuss expansion plans with Sunny Fresh. She stated that sta will be setting up t:ting in that regard. Holien commented that the IDC has also' d the request :~'$t:colJlIllended approval of the Cillo . - Holien stated that the applicant has cl .', t of the silos. Stumpf stated th e ha od idea of '" ere they will be, but asked the applicant to ..... ~ clarify. A~pl~C~t~pon R ",erts and Steve;:~~ell, rt:pre~enting Sunny Fresh, addressed the CommiSSIOn and stated that they can an~er any questIOns or concerns. '>>',', ',"":;"y, ..... <1> .. ,'.. ....c....,.,....!;..:.'.:........",......... .....h. ;/2</,,;,.. "'<>( ._;:~:>;;.;:;!:i,:m:n:!:hF h Rog~!l>indi!::<;t!t:dthat th~proposalirtdudes silos along 4' street, between NAP A and tl)eir building'W~8~ willb ccessed from the existing building. There will be five t~p<;lted there. Tlie~l~er thr Hi be viewed north form the community center. Rob;.ms stated that ~sntly, <:l silo is visible. Roberts indicated that there are currently threeSlCisting silos tha,~:will be removed and rt:placed. Stumpf confirmed that these are new coij~ption and ~~ked for relationship to buildings now. Roberts stated that current height oftq~9~ildin~ij; probably 60'. This will be lower than that. ........"'... .,....... Dragsten asked~l.l.nnY Fresh could illustrate locations on the map. Grinnell pointed out locations of neW silos. Dragsten asked which will be removed. Grinnell clarified. Dragsten asked how tall the tallest building is. Roberts rt:plied that is probably 4 stories or 60 feet in height, which is the old drying tower. That would be visible looking from Walnut to the middle of the old building. Dragsten sought confirmation that the maximum silo height, silo is 41 '8". Grinnell responded that including the guardrail around top, brings the silo height to 44'3/4". 6 Planning Commission Minutes - 06/05/07 Dragsten asked about a construction timeframe. Roberts replied that they would like to be under construction by the end of June and into July. Dragsten also asked about color. Roberts responded that the silos are purchased as white; as a food business white has an important perception. He stated that they will blend with what is there. Voight asked if there is a security light at the top of the silos. Roberts stated that they do have lighting around perimeter of building. Voight clarified that safety lighting will only be turned on when necessary. Roberts confirmed. Spartz asked about the advantages of the new silos. Roberts s x~~ga:'that the new are more efficient and hold more egg product. Dragsten asked Sunny Fresh representatives if they ar' confirmed they will meet conditions. Stumpf asked if there is a reason why the si, red that part of the reason is related to the age ofili,jl4ing an~it,s limitations. x' importantly, the building is separated betweenp~~!rt~$€d!fud non-pasteurized areas. They are kept in separate tanks in separate sides ofUl'~J:)Uildings. Dragsten inquired if the interior 0 Roberts stated that it is. Various to keep the facility to date. ,,",,"" Fresh's prodtig~()p, area is relatively modern. cility havebi\'~!iemodeled as the intent is Chairman Dragst~p,Qp~~the public h Dragsten closegt!\.e publlQ1l.earing. no comments, Chairman ;';':"':-:';> MOTION BY CO RECOMMEND APPROVAL OF THE AMENJ?Ml2NT l' '", ~ < VELOPMENT FOR EXPANSION OF OPENANQ~T.J:rDOOij,'~'J:'ORA ,ABED ON A FINDING THAT THE ~ij,OPOSED E~~1;ISIdN~s:S;ONSISTENT WITH THE ORIGINAL TERMS OF THE 1?1.,ANNED UNI1'~~VEL()JiUNT FOR SUNNY FRESH FOODS, SUBJECT TO CONDITIONS LISTED IN EXHIBIT Z AS FOLLOWS: e,,'.''C " ",CO" 1. "~t<!lpp1icant sQW1 verify the actual height of the proposed silos. 2. Allli@l~gx~roposed for the site shall be in compliance with the standards of the Zoning Ordinance~x ;" MOTION SECONDED BY COMMISSIONER VOIGHT. MOTION CARRIED, 3-0. 9. Public Hearing - Consideration of a request for Simple Subdivision, Rezoning from B-4 (Regional Business) to PS (Public/Semi-Public), Amendment to Planned Unit Development. and Variance to signage height and area requirements. Applicant: St. Benedict's Senior Care Facilitv/CentraCare, St. Henry's Catholic Church and Home Depot, Inc. 7 City Council Agenda- 06/25/2007 51. Consideration of a request for Amendment to Conditional Use Permit for Open and Outdoor Sales. Open and Outdoor Storalle and Minor Auto Repair. Applicant: Moon Motorsports (NAC). The Planning Commission heard this item at their June 5, 2007 meeting and recommended approval of the Amended Conditional Use Permit, subject to conditions in Exhibit Z. The Commission clarified the proposed fence materials and the intended use of the outdoor storage area. The applicant indicated that the fence is a metal-framed polyethelene product (not wood) and that the stated original use of the storage area for crate and palette storage is still applicable. The Commission felt that the proposed conbit (concrete/bituminous mix) surfacing in the outdoor storage was appropriate, and removed the condition to require bituminous surfacing or concrete in this area. The applicant expressed concern with the requirement that the sidewalk on Chelsea Road shall be the responsibility of the property owner. Planning Commission and staff clarified that the sidewalk need not be constructed with the project, but that any future construction of a sidewalk in front of the site along Chelsea Road shall be the responsibility of the property owner. The applicant agreed to all remaining conditions in Exhibit Z. A. REFERENCE AND BACKGROUND Moon Motorsports is seeking approval to amend a Conditional Use Permit for Outdoor Storage, Outdoor Sales, and Display and Light Auto Repair on Lot I, Block I of the Otter Creek Crossing development. A Conditional Use Permit was previously approved for the site in May 2006. This permit was extended in May 2007 for a period of one year. The subject site is approximately 5.25 acres in area and is zoned B-4, Regional Business. The original CUP was approved for a 6,400 square foot outdoor storage area, a 10,000 square foot test track, and a 28,000 square foot building. The amended plan reduces the size of the proposed building to 24, 493 square feet. The outdoor storage area has been increased to 7,325 square feet, and the test track has been eliminated. Conditional Use Permit The zoning ordinance makes the following requirements for the proposed uses: Open and outdoor storage is permitted as a conditional use in the B-4 District, provided that: I. The area is fenced and screened from view of neighboring residential uses 2. Storage is screened from view from the public right of way 3. Storage area is grassed or surfaced to control dust. 4. All lighting shall be hooded and so directed that the light source shall not be visible from the public right of way or from neighboring residences. Open or outdoor service sale is permitted as a conditional use in the B-4 District, provided that: I City Council Agenda- 06/25/2007 1. Outside service sales and equipment rental connected with the principal use is limited to 30% ofthe gross floor area of the principal use. This percentage may be increased as a condition of the conditional use permit 2. Outside sales areas are fenced or screened from view of the right-of-view. 3. All lighting shall be hooded and so directed that the light source shall not be visible from the public right of way or from neighboring residences. 4. Sales area is grassed or surfaced to control dust. Minor Auto Repair is permitted as a conditional use in the B-4 District, provided that the following applicable requirements are met: 1. Regardless of whether the dispensing sale or offering for sale of motor fuels and or oil is incidental to the conduct of the use or business the standards and requirements imposed by this ordinance for motor fuel stations shall apply 2. The architectural appearance and functional plan ofthe building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. 3. The entire site other than that taken up by a building structure or plantings shall be surfaced with a material to control dust and drainage which is subject to the approval of the City Engineer. 4. A minimum lot area of twenty two thousand five hundred 22 500 square feet and minimum lot dimensions of 150 feet by 130 feet. 5. A drainage system subject to the approval of the City Engineer shall be installed. 6. A curb not less than six 6 inches above grade shall separate the public sidewalk from motor vehicle service areas. 7. The lighting shall be accomplished in such a way as to have no direct source oflight visible from adjacent land in residential use or from the public right of way. 8. Wherever fuel pumps are to be installed pump islands shall be installed. 9. Each light standard landscaped. 10. Vehicular access points shall create a minimum of conflict with through traffic movement. 11. All signing and informational or visual communication devices shall be minimized and shall be in compliance with the Sign Ordinance. 12. Provisions are made to control and reduce noise. ANALYSIS As indicated above, the revised site plan proposes a 24, 493 square foot building and a 7,325 square foot outdoor storage area. A Conditional Use Permit for the proposed use was approved in May of 2006, subject to the following conditions: 1. The applicant shall provide design details of proposed fencing. 2. The applicant shall demonstrate a turning radius for trucks entering and exiting the loading dock. 3. The applicant shall provide at least one additional space for handicapped parking. 2 City Council Agenda- 06/25/2007 4. The outdoor storage area shall be covered with a Class V surface- curbing of the outdoor storage area shall not be required. . 5. The landscape plan shall be modified to illustrate that each individual lighting standard is landscaped. 6. The total area of five different product identification signs and one wall business identification sign shall equal I 00 square feet or less. 7. Grading, Drainage, Erosion Control and Utility Plans are subject to review and comment by the City Engineer. 8. Wherever fuel pumps are to be installed pump islands shall also be installed. 9. Revised parking calculations are to be provided to illustrate adequate parking as noted. Lot Requirements and Standards. The B-4 Zoning District does not have specific area and building size regulations or setback requirements that would be applicable to the site. However, minor auto repair uses require a minimum lot area of 22,500 square feet as a conditional use. Minimum lot dimensions for this use are 150 feet by 130 feet. The site is consistent with the applicable performance standards for the use, as outlined below: Lot Area Lot width Lot lenl!;th Reauired 22,500 sf 150 feet 13 0 feet Proposed 228,690 sf 425.38 feet 539.5 feet Outdoor Storage. The applicant has designated a site to the southwest of the principal structure, approximately 7,325 square feet in area, to be used for outdoor storage. The size of the outdoor storage area is 30% of the total area of the principal building. This outdoor storage area has been increased from the 6,400 square foot area proposed with the previously approved plan. The proposed site is in a location that will not take up any area for required parking. It should be noted that side of the property facing Chelsea Road is the front, and therefore the proposed outdoor storage area is partially in the front yard of the site. It should also be noted that outdoor storage is not allowed in the Otter Creek development across the street from the subject site. The applicant has indicated that the outdoor storage site be surfaced with conbit, a crushed concretelbituminous surface material. A Class V material was approved in lieu of bituminous surfacing by the City in May 2006. As part ofthe previous application, the applicant indicated that the outdoor storage area would only be used to store crates that are waiting to be shipped. The applicant has now stated that the outdoor storage area will be primarily for empty containers waiting for pick-up, and new snowmobile/ A TV aluminum trailers. However, occasionally some ofthe space may be used for new unit overflow when the showroom and warehouse are full. Due to the increase in intensity of the outdoor storage use, staff recommends that pavement or bituminous be required as opposed to conbit for surfacing. The City Engineer recommends that, if the proposed material is found to be appropriate, the surface used for the outdoor storage should be 100% crushed material to avoid dust problems. 3 City Council Agenda- 06/25/2007 The outdoor storage area is required to be fenced and screened from the public right-of-way and neighboring residential areas. No residential areas border the site. The applicant has indicated that a fence will be constructed along the perimeter of the outdoor storage site. As a condition of approval from the previous CUP, details on the materials ofthis fence were required. The architectural site plan indicates a 6 foot 2 inch fence with HDPE lumber fence boards. Fences over six feet, such as the one proposed, require a building permit. No outdoor storage of materials shall be allowed outside ofthis fenced area. Lighting proposed for the outdoor storage area is required to be hooded to prevent light from spilling onto the public right-of-way. The photometric plan does not show any footcandle readings at the perimeter of the outdoor storage area. Outdoor Sales and Display. The total outdoor sales display area is limited to 30% of the total area of the principal use. For the size of the building proposed, the applicant is allowed 8,640 square feet of outdoor sales display area. The applicant has illustrated five concrete boulder display pads outside of the principal structure. Two display pads are to be located in the northeast corner of the site, one in the northwest corner of the site, and two located on the west side of the site. These display pads are only large enough to support one vehicle each, and will not exceed the maximum allowed square footage and will not take up any area for required parking. Parking. For retail stores and service establishments, the ordinance requires I parking space for every 200 square feet of retail floor area, and I space for every 500 feet of storage area. In calculating the area of the building, 10 percent ofthe structure is presumed to be reserved for hallways, restrooms, utilities and the like. The parking requirement for the proposed use is estimated as follows: Spaces Required Retail: 10,800 sf Service and Storage: 11,244 sf Total Required: 54 spaces 23 spaces 77 spaces A total of 80 parking stalls are proposed for the site, including four handicapped accessible stalls. Therefore, the parking requirement for the site is satisfied. Landscaping. The ordinance requires a minimum of one overstory tree for each 50 feet of site perimeter. The perimeter ofthe site is 1,930 feet. Said length requires the applicant to provide 37 trees on the site. The applicant has satisfied this requirement by providing 40 overstory trees on site, as well as several shrubs and perennials. The applicant has provided the majority of the dense vegetation along the west property line and in northeast corner of the site. Existing vegetation is located on the south portion of the site, most of which will remain. The City recognizes the value of interstate highway exposure to commercial and industrial developers. The City also wishes to avoid the undesirable monotony of fully exposed building 4 City Council Agenda- 06/25/2007 sides and rears and wishes to provide natural visual variety to the travelers on the interstate. Natural visual variety will alleviate the boredom for travelers and will project a clean and pleasant image of the City. Commercial and industrial developers oflots/parcels having substantial exposure to the interstate shall be required to landscape/screen to provide 60% opacity year-round with at least 80% of such screening to be of natural materials. The applicant has proposed dense vegetation in the northwest and northeast comers of the site. The applicant has oriented the building so that the back side of the building is facing Chelsea Road. To improve the aesthetic quality of the site as visible from Chelsea Road, staff recommends that the applicant provide additional plantings on the south side of the east-west access drive to soften the appearance of the building. Staff also recommends that additional plantings be provided adjacent to the fence surrounding the outdoor storage area. As a condition of allowing minor auto repair uses in the B-4 District, all lighting standards shall also be landscaped. The landscape plan shall be modified to indicate compliance with this requirement. In addition to the proposed plantings, the applicant shall also be responsible for landscaping within the Chelsea Road boulevard. Staff recommends additional overstory trees in this area. Signage. For businesses in the B-4 District, a combination of wall signs and a maximum of one pylon sign may be utilized for a maximum of 300 square feet of signage per property. The applicant is proposing a single monument sign at the entrance to the site, in lieu of a pylon sign, as well as wall signage. The face of the monument sign is eight feet tall with a total face area of 96 square feet. In regard to monument signs, the ordinance allows the site one business identification sign per street on which the property has legal frontage, and two product identification signs on the same wall. The total maximum allowable sign area for any wall shall be determined by taking 10% of the gross silhouette area of the front of the building up to 100 square feet, whichever is less. In this case, the maximum allowable sign area is 100 square feet. The approved CUP allowed five different product identification signs and one wall business identification sign up to a total area of 100 square feet or less. The applicant is proposing four product identification signs and one business identification sign, for a total area of 55.5 square feet. All signage proposed for the site is within the parameters of the ordinance. Access. A single access will be provided by a private drive off Chelsea Road, in the southeast comer of the site. This 24-foot drive lane will accommodate two lanes of traffic throughout the site. All internal drive lanes are proposed at 24-foot widths. A loading dock is located on the southem end of the principal structure and is accessed via a 45- foot drive lane. The width of this drive lane has been increased from a 21 foot drive lane proposed with the original CUP. The increased drive land width provides a more feasible 5 City Council Agenda- 06/25/2007 turning radius for semis to enter and exit the site. The primary loading dock is located on the east side of the building under the canopy, accessible by a 20-foot drive lane. The applicant has illustrated a future sidewalk along Chelsea Road for pedestrian access. The site plan indicates that this sidewalk will be constructed by others. However, construction of a five foot wide concrete sidewalk along entire south edge of site shall be the responsibility of the applicant. Said sidewalk shall be within the Chelsea Road right-of-way with the back of the walk one foot from property line. Building Design. The proposed building will be constructed primarily of smooth precast white panels. The entrance to the building will contain anodized composite metal panels and a significant amount of glass. The building will be accented with recessed accent stripes in light gray and a pre-finished metal cap. The building design has changed quite significantly over the design approved with the original Conditional Use Permit. The amount of glass coverage on the front of the building has been greatly reduced. Staff is also concerned with the lack of detail on the back side of the building, facing Chelsea Road. Due to the exposure to Chelsea Road, staff recommends that the applicant add additional features to break up the long fayade. Staff recommends additional glass coverage and vertical elements to add visual interest on the back side. Lighting. The photometric plan illustrates light standards throughout the parking lot. Readings at the property line on the east side of the site are as high as 3.4 footcandles. The applicant has not illustrated any footcandle readings beyond the property line. Staff recommends that the applicant extend the readings beyond the property line to verify that no light will spill onto adjacent properties. Wall pack lighting is indicated on the building elevations. All wall pack lighting shall be comprised of full cutoff fixtures to mitigate any glare. Grading, Drainage, and Erosion Control. The City Engineer and consulting engineer have reviewed the Grading, Drainage, and Erosion Control plan and provided the following comments: I. Revise grading and storm sewer design to prevent stormwater runoff along west side of property from draining onto adjacent parcel. 2. All details must match current City Standard Detail Plates as appropriate. City will provide in AutoCAD format upon request. 3. The driveway entrance will need to use B618 curb and gutter to match the Chelsea Road curb section. 4. The applicant should submit a drainage map detailing the drainage areas to each catch basin and how much runoff is directed off-site. The applicant should coordinate drainage to the west with the adjacent property owner. 6 City Council Agenda- 06/2512007 5. The landscaping plan indicates that trees will be planted in an area along the west property line that had previously been identified as preserved in the grading plan. Please clarify the activity in this area. Utilities. The City Engineer and consulting engineer have reviewed the Utility Plan and provided the following comments: 1. Provide easement for sanitary manhole and downstream sewer pipe near site entrance. Provide easement to Chelsea Road right-of-way. 2. Provide a sediment and explosive waste trap for product preparation area drain. 3. Provide separate water and sanitary sewer service lines for any area(s) that will be split off in the future for a separate lot. 4. All details must match current City Standard Detail Plates as appropriate. City will provide in AutoCAD format upon request. 5. Provide utility profiles showing each utility conflict area. 6. Insulate storm sewer and watermain crossings per City Detail Plates 2005 and 2006. 7. All details must match current City Standard Detail Plates as appropriate. City will provide in AutoCAD format upon request. 8. Use DIP bends for watermain, not deflections, as the lines need to be locatable vertically. 9. A minimum 18-inch separation will be required between utilities in all locations where lines cross. B. ALTERNATIVE ACTIONS The Planning Commission recommends alternative 1 below. Regarding the request for an amended Conditional Use Permit for Outdoor Storage, Outdoor Sales and Display, and Light Auto Repair for Moon Motorsports, the City has the following options: 1. Motion to approve the amended Conditional Use Permit for Moon Motorsports to allow for Open and Outdoor Storage, Outdoor Sales and Display, and Light Auto Repair, based on a finding that the proposed use is consistent with the performance standards of the B-4 District and the conditions of approval, subject to the conditions outlined below. 2. Motion to deny the amended Conditional Use Permit for Moon Motorsports, based on a finding that the proposed use is not consistent with the performance standards of the B-4 District. 7 City Council Agenda- 06/25/2007 C. STAFF RECOMMENDATION Staff recommends approval of the amended Conditional Use Permit as presented, subject to the conditions outlined in Exhibit Z. The revised plan for Moon Motorsports proposes a smaller building, with a slightly larger outdoor storage area. The test track area has been eliminated, and the access to the loading docks has been revised to better accommodate truck traffic. The applicant has met the majority of conditions cited for the previously approved Conditional Use Permit. As such, staff recommends approval of the amended CUP, subject to the conditions in Exhibit Z. D. SUPPORTING DATA: Exhibit A: Site Plan Exhibit B: Grading, Drainage, and Erosion Control Plan Exhibit C: Utility Plan Exhibit D: Architectural Site Plan Exhibit E: Landscape Plan Exhibit F: Floor Plan Exhibit G: Exterior Elevations Exhibit H: Lighting Layout Exhibit I: Color Elevations Exhibit J: Plan review comments from Bruce Westby, dated OS/2 I107 Exhibit K: Plan review comments from WSB, dated OS/22/07 Exhibit Z: Conditions of Approval 8 . <6\ ,f~~ ~,o. l: ,~ . !", ftl ..' 'iJ ~'O if .' HZ . . ~ Q Q = .~ Q ..... Q :::~ ",r.f.l a-o ~Q .'" ~ :::..... :;;o:r.f.l 'I " / I ,\, / \ ,I " / \ / \ / '\ / I \ ;1 , ! 'I \, V ,/ '\ , I \ I ,I, / " I , , \ I \ : ';\ I \ / , J 'I, I \ / 'I 'I I " / I I I I I ! 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I ~ I , ~ ~I ,. .-j" . ; ..._a' . ~ ~ .; 'i t~------------- I , I , I , I I I ! ~ ~ ; t l ~ \ ~ , ~ '" Ii ~ Ii i ~ l ~m__ Ii ~ . ; .. * . .. --0) II i! I" ---@ , ~ , < U l'i I \ i ~I ! II i ~~ I ' Ii i rr II !i ~~ -I - ----0 II ! ~~ -I J - ----e Ii ~I~ fl~ - -----e i~ J J - - ----<ID i: I I !..... H ;I~ , , I I . Q , i i , , , , I I -@ - ----0 .. - -----0 - ---@ -G en ~o ~ 'II 'II 'I ....e ....-1 o:I: I cn:E ! I ~rn m-l I ~ ~ m . :E Ill'" zg;! oen ....-1 dm ~~ m-l o Z -0 ;u o -0 o '" r'l '" ~ 1-- J May 21,2007 MONTICELLO Ms Kimberly Holien Northwest Associated Consultants, Inc. 4800 Olson Memorial Highway, Suite 202 Golden Valley, MN 55422 Re: Moon Motorsports Amendment to CUP Plan Review Comments City Planning Project No. 2004-066 Dear Ms Holien: On May 7, 2007 the City of Monticello received an amendment to CUP submittal for Moon Motorsports. Upon receiving these plans the Engineering and Public Works Departments reviewed them for conformance with the City's Plan Requirements and Design Guidelines and respectfully offer the following comments: e Plan Sheet C1.1 I. Construct 5-foot wide concrete sidewalk along entire south edge of site within Chelsea Road right -of-way with back of walk I-foot from property line (currently shown as "future sidewalk"; construct with project). Include City Detail Plate 5008 in plans. Plan Sheet C1.2 I. Revise grading and storm sewer design to prevent stormwater runoff along west side of property from draining onto adjacent parcel. 2. All details must match current City Standard Detail Plates as appropriate. City will provide in AutoCAD format upon request. Plan Sheet C1.3 I. Provide easement for sanitary manhole and downstream sewer pipe near site entrance. Provide easement to Chelsea Road right-of-way. 2. Provide a sediment and explosive waste trap for product preparation area drain. 3. Provide separate water and sanitary sewer service lines for any area(s) that will be split off in the future for a separate lot. 4. All details must match current City Standard Detail Plates as appropriate. City will provide in AutoCAD format upon request. e Plan Sheet CI.4 I. Provide utility profiles showing each utility conflict area. 2. Insulate stonn sewer and watermain crossings per City Detail Plates 2005 and 2006. Monticello City Hall, 505 Walnut Street, Suite I, 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 - - - Kimberly Holien May 21, 2007 Page 2 of2 3. All details must match current City Standard Detail Plates as appropriate. City will provide in AutoCAD format upon request. General Note Provide striping and signing information in the plans. No information is currently shown. The City's Engineering Consultant, WSB and Associates, may provide additional comments under separate cover. Please call me at 763-271-3236 should you have any questions regarding any of the comments above. Sincerely, CITY OF MONTICELLO ~u~ Bruce Westby, P.E. City Engineer cc: Jeff O'Neill, City Administrator John Simola, Public Works Director Angela Schumann, Community Development Coordinator Shibani Bisson, WSB and Associates, Inc. Phil Elkin, WSB and Associates, Inc. e e e .. WSB a. ~ Infrastructure. Engineering. Planning. Construction 701 Xenia Avenue South Suito 300 Minno.polis, MN 55416 Tol: 763541-4800 Fax: 763541.1700 & Associates, Inc. May 22, 2007 Ms. Kimberly Holien Northwest Associated Consultants, Inc. 4800 Olson Memorial Highway Suite 202 Golden Valley, MN 55442 Re: Monticello Professional Center Concept Plan Review Comments - Partial Site Development plan City of Monticello Planning Project No. 2007-016 WSB Project No. 1627- Dear Ms. Holien: We have reviewed the proposed site plan for the above-referenced project dated Apri130, 2007 and offer the following comments: STREETS 1. All entrances and exits to the site must meet the City of Monticello width and turning radius requirements. 2. Revise the entrance configuration to the easterly most parking lot to distinguish it from the existing street section. UTILITIES 1. Sanitary sewer service is not currently available to this site. Existing city service utilities are located on the south side of Wright County Highway 75 and the existing railroad. The applicant would be required to jack service lines under the railroad along with obtaining the necessary permits from the BNSF railroad. 2. Existing utilities such as storm sewer and fiber optic lines would need to be protected during construction. 3. The watermain should be looped with a connection off the northwest end of the site from the existing 12-inch watermain off Meadow Oak Avenue. 4. Connection of service lines to the site would require a permit from Wright County and may require jacking under the roadway. GRADING. DRAINAGE. AND EROSION CONTROL PLAN I. A storm water management plan will be required in which storm water ponds treat all new impervious surfaces and are connected to a controlled discharge rate, which does not increase existing discharge rates. This plan should incorporate connections to each pond and wetland as there is only one existing discharge pipe. F:~ngeIaS<P!",wng File.<ll006\2006.018.SchneiderProfCIrILTR-K Holien..(J$1207-slleplarrpalTial/!lJ!vie...doc e 2. 3. 4. 5. 6. e e Ms. Kimberly Holien Apri123,2007 Page 2 A wetland delineation report will be need to be submitted and approved by the City on the size of the existing wetland. The proposed storm water management system will be required to incorporate all City, County and MnDOT storm water currently managed through the site. A grading plan will need to remove the existing ditch system, replace it with a curb and gutter storm water collection system. The applicant should provide the City with a tree protection plan. A berm may be required by MNDOT to block noise from I 94. Please contact me at 763-287-7162 if you have any questions. Sincerely, WSB & Associates, Inc. Phillip A. Elkin, PE Proj ect Manager Enclosure cc: Bruce Westby, City of Monticello Bret Weiss, WSB & Associates, Inc. F;iA.ngelaSJ'!wlning Files.200612006.02ItSc/mdrierProjClr\LTR-K Holien-()J]]07-silq1klllPIllTitJllREvi.wd/X 2. 3. . -L 5. 6. 7. 8. 9. 10. 11. City Council Agenda- 06/25/2007 EXHIBIT Z Conditions of Approval 1. The landscape plan shall be modified to illustrate that each individual lighting standard is landscaped. The applicant shall provide additional plantings on the south side ofthe east-west access drive and adjacent to the fence surrounding the outdoor storage area. The applicant shall provide landscaping within the Chelsea Road boulevard. l\-;'\'C1i:l;,;:nt tn bitwltlnou::, surfai...'ing :;,hall be required fix the -uu1dC(}f :~tor;J.ge i:H\.~;) in lieu OfI'Ont11t. (Rcn10\cd b:y Planning ('0t11JT11ssiJ,)n), The photometric plan shall be revised to verify that readings at the property line will not exceed one footcandle. All wall pack lighting shall be comprised of full cutoff fixtures to mitigate any glare. The property owner shall be responsible for any future construction of a 5-foot wide concrete sidewalk along entire south edge of site within Chelsea Road right-of-way with back of walk I-foot from property line. The applicant shall add additional aesthetic features to the back side of the building, facing Chelsea. Said features include, but are not limited to, additional glass coverage and vertical details. i The applicant shall comply with all recotnmendations of the City Engineer, as outlined in the memo dated OS/21/07 pr~pared by Bruce Westby and the consulting engineer, as outlined in the memo from "}vSB dated OS/22/07. A building permit shall be required for the proposed fence. Wherever fuel pumps are to be installed pump islands shall also be installed. 9 Planning Commission Minutes - 06/05/07 drive through. Parking for that use will be on average of 20 minutes. Mielke stated that Grittman has previously noted that drive-throughs tend to reduce parking. Dragsten stated that perhaps the condition should be that the drive-through would not exceed similar high-volume Burger King or McDonald's restaurants. If so, it would require staff approval. MOTION BY COMMISSIONER SPARTZ TO RECOMMEND TO APPROVAL OF THE DEVELOPMENT STAGE PLANNED UNIT DEVELOPMPNT, BASED ON A FINDING THAT THE PROPOSED USE IS CONSISTENTITHJHE INTENT OF THE EXISTING PUD AND THE B-3 DISTRICT, SUBJ TO THE CONDITION OUTLINED IN EXHffiIT Z AS FOLLOWS: 2. The applicant shall submit a revised ~i' 221 square feet total. The applicant shall the proposed pylon sign. 1. The photometric plan shall be revised to reduSi~~~, tcandle line adjacent to Cedar Street to not exceedgt):e'toofcandle. lan, ill~trating wall signfi~~(i1etto exceed r ~'eq,to provide sqU#1l footage of 3. A crosswalk shall be provi extending west to Subway. "16ngevity and reduced 4. The applicant shall use epoxy maintenance. 5. "q!~;, MOTION SECO "",,;,.,', Zy. SSIQNER VOIGHT. MOTION CARRIED, 3-0. .~ ...... ,;'....,,~,. .".,,,,,"",.... ""{y"\i0!i ',;c.ry.-'" 1I1:0TibNBY<;~MMISs:jQ~ER SPARTZ TO RECOMMEND APPROVAL OF THE ONDITIONAL'JW:~R PER1-4!',{;;fQR TWO DRIVE THROUGH FACILITIES, BASED FINDING TH5.T THE PROPOSED USE IS CONSISTENT WITH THE INTENT PUD AND'mE USE SATISFIES THE CONDITIONS OF APPROVAL, TO THE d~9NDITIONS LISTED IN EXHIBIT Z AS FOLLOWS: ;;err; 1. A ";Ii'(:7thru!ilfily" sign shall be required at the entrance to the north drive through lane. ';;":<':L.:/}' 2. The uSC;;'bfthe either or both drive-through lanes for any high-volume tenant, such as those equal to a fast food user similar to a McDonald's or Burger King, are subject to a staff review and approval. MOTION SECONDED BY COMMISSIONER VOIGHT. MOTION CARRIED, 3-0. ?II. 13. Public Hearing - Consideration of an Amendment to Conditional Use Permit for Open and Outdoor Storage, Open and Outdoor Sales and Displav and Automobile Repair - Light in a B- 4 (Regional Business) District. Applicant: Moon Motorsports 26 Planning Commission Minutes - 06/05/07 Planner Holien presented the staff report. Holien reported that the original CUP was approved for a 6,400 square foot outdoor storage area, a 10,000 square foot test track, and a 28,000 square foot building. The amended plan reduces the size of the proposed building to 24, 493 square feet. She stated that the outdoor storage area has been increased to 7,325 square feet, and the test track has been eliminated. Holien commented that the applicant has made an effort to resolve the conditions associated with the previous approval. She noted that the site i~,;<<;5msistent with the performance standards of B-4 district. Holien explained thatf~;t&the increase in intensity for the outdoor storage area, pavement may be red. A fence will be constructed along perimeter. No outdoor storage willv;..li!outside ofthis area. Holien illustrated locations of display pads and parki eas.S' eferred to landscaping items, stating that staff is recommenli!m.gi;~ itional p gs on south side of the building fronting Chelsea, as well as the~ditiofi oflandscap and additional overstory trees. is!liilt with the previous CUP and staff e of an e proposed wooden fence encompassed. He s that would be more appealing. Holien responded that oor storage area. Dragsten suggested a maintenance - t it is difficult to see what building will look like, as the good idea of what it will look like on all sides. Holien stated that tion drawings had been provided for all sides. Dragsten stated that d them in color. Stave Benek, architect with Nelson Building, addressed the Commission. Benek reported that the fence is metal framed, high density polyethelene. They will have the same material on the trash enclosure. He indicated that they will comply with the recommendations for landscaping screening for that area. Dragsten referred to conditions. Benek addressed three items. In regard to landscaping and sidewalk along Chelsea, the applicant would request that those conditions be put 27 Planning Commission Minutes - 06/05/07 aside until remainder of Chelsea develops. ~enek noted that there is no sidewalk on the north. The other consideration is the requir~ent for conbit. He stated that they feel that it is far superior to class 5, which was approved as part of the original CUP last year. Benek stated that he major amount oftraffid will be forklift traffic moving crates, so you won't see a lot of dust. Dragsten clarified that this is in the storage area. Spartz asked how big the storage area is. Benek replied it is 7300 square feet. Dragsten confirmed that it had been approved as class 5. O'Neill stated that in regard to trees, the City did not install~li.~e'~Wit,h Chelsea, as it was the intention that as developed, they would be planted. . inking is that trees would be better taken care of as property developed. O'Neill.~~;it he presumes it was checked that if the City has sidewalk programmed in,l('was r ended that it would ?e provided incre:nentally. O'Neill stated that it0igRm;~.Hl; compl.'.~~. part of an overall Improvement, whIch would need to be put ont,hifplan and assessed. Sp commented that by the time you get to the end, you wo . have to come back and d . . Spartz stated that he agrees with the landscapin Holien restated that the sidewalk condition would future, possibly through an asses ent in one projec . ssue with con,... lieu of pavement. ore ip1pervious surface. Dragsten Dragsten commented that he didn't .... Voight agreed, stating that there is n5;.pee noted it would be when packed. .... ./""."" . ..>C"""""""'..VO" ';"C?<<;;;')j;:'y;';';, MOTION BYg~MMISSt9+'1ER VOIG. TO RECOMMEND APPROVAL OF THE AMENDEQCQNPITIONf\,L USE PERM~rrxpR MOON MOTORSPORTS TO ALLOW FOR OPEN AND OUTDOOR St-0RAGE, OUTDOOR SALES AND i:>C...'.~. ":.:+~'//>/J;::;,':'"" .iF DISPLAy,t\;ND LIGI-lTAUTQ~AJ.!~;l/BASED ON A FINDING THAT THE PRQPOSEPl.J~F: IS CQN~ISTENTWIifH THE PERFORMANCE STANDARDS OF TaE B-4 DISTR]CT AND THE CONDITIONS OF APPROVAL, SUBJECT TO THE .... NDITIONS OUILINED'i:!ELOW. " -.',;',' i;:' ."" , The lait~~cape plan shall be modified to illustrate that each individual lighting standar~i!s landscaped. 2. .' I~s~pplicant shall provide additional plantings on the south side of the east-west aCj;ess drive and adjacent to the fence surrounding the outdoor storage area. 3. The applicant shall provide landscaping within the Chelsea Road boulevard, specifically overstory trees. 1. PavelReftt aT sitwnffiaas surfaeing shall se re'luirea fer the aatdasT &tsr-age area in lieu af CORSit. 5. The photometric plan shall be revised to verify that readings at the property line will not exceed one footcandle. 28 Planning Commission Minutes - 06/05/07 6. All wall pack lighting shall be domprised of full cutoff fixtures to mitigate any glare. 7. The applicant shall be responsible for future cost of construction of a 5-foot wide concrete sidewalk along entire south edge of site within Chelsea Road right-of- way with back of walk I-foot from property line. 8. The applicant shall add additional aesthetic features to the back side of the building, facing Chelsea. Said features include, but are not limited to, additional glass coverage and vertical details. \ii'z' 9. The applicant shall comply with all recommen9,lllX9ps of the City Engineer, as outlined in the memo dated OS/21/07 preparedbY~1;!lPe Westby and the consulting engineer, as outlined in the meri\]!:'from W~lil:,dated OS/22/07. 'C"' ..v"........ ',.. '/. ,<.,,,,,.> ...... .', ,.... ,;,P;;~,f1f}1;. ';'" ';';:;H',:v A building permit shall be required,~onfie'proposed fence~ ~eting, seeking to reschedule due 10. II. ..>y Wherever fuel pumps are to 11.~'~ MOTION SECONDED BY COMMISSION SP 3-0. 14. Julv Planning Commission Date The Commissioners discussed possib to the Fourth of JuIY~dg!iqay. , ....'i.. .' ........... MOTION BX~9;MMISsiQNER DRAGSIEN TO MOVE THE REGULAR JULY PLANNING COMMISSION MEETING F~OM JULY 3RD, 2007, TO JULY 10TH, 2007. .....'.... , ;::;;:>":;~((>~::::;;;;>;n .;Ai' MOTlONSEGONDED BY COMMISSIONER VOIGHT. MOTION CARRIED, 3-0. 15. ,Adiourn. '//C''> T'" .. >; ;;<;....;.Ji>ii" 29 Council Agenda: 6/25/07 5J. Consideration of adoption of resolution supportinl!: State of Minnesota bondinl!: request relatinl!: to acquisition of YMCA property. (JO) A. REFERENCE AND BACKGROUND: Marc Mattice, Wright County Parks Director is spearheading an effort to acquire State of Minnesota funding for a portion of the cost of the YMCA. The funding would come through the annual 2008 "Bonding Bill". In conjunction with this application, the City and County will be hosting a visit from the Governor's Commissioner of Finance. Please see the attached information from the application for more information. Please note that entering a request for funding via the bonding bill does not obligate the City but does indicate a general intent of paying for a portion of the cost of the acquisition. Approval of this resolution would be consistent with previous action of Council to support working cooperatively with the County in funding this purchase. At present the mix of funding includes funding being split evenly between State, County and City. As you know, a subcommittee of the County and City are currently working towards negotiating a purchase price on the YMCA property. Progress is being made toward establishment of fair value with appraisers from both sides exchanging notes and working out differences. It is likely that brass tacks negotiations working off of the two appraisals is likely to occur relatively soon. B. ALTERNATIVE ACTIONS: 1. Motion to adopt resolution supporting placement of purchase of the YMCA in the State Bonding Bill. 2. Motion to deny adoption of resolution supporting placement of purchase of the YMCA in the State Bonding Bill. 3. Motion to table the matter. C. STAFF RECOMMENDATION: Ifthe City Council remains interested in being involved in the purchase of the property, it is recommended that Council support this resolution. Potential inclusion of this purchase in the state bonding bill would serve to make the purchase more affordable for the City and County. Please note that the method of funding this purchase remains to be established and final commitment offunds to the project is not being authorized via this resolution. There are a number of reasons why the YMCA property would make a good candidate for state funding. Most notably, it is central to the state with good access on 1-94 resulting in potential use by citizens from a large area. D. SUPPORTING DATA: Proposed Resolution. Excerpt from bonding bill application. CITY OF MONTICELLO RESOLUTION NO. 2007-47 SUUPORTING REQUEST FOR STATE APPROPRIATIONS FOR CAPITAL IMPROVEMENT PROJECTS BE IT RESOL VED that the City of Monticello in conjunction with the Wright County Board of Commissioners support the application for State Appropriations for Capital Improvements to be submitted on June 22, 2007 and that Marc Mattice, Wright County Parks Administrator is hereby authorized to submit the request for the 2008 Capital Budget BE IT FURTHER RESOL VED that Wright County has the fmancial capability to meet the match requirement and proper acquisition of the proposed project. BE IT FURTHER RESOL VED that upon approval of its application by the state, Wright County may enter into an agreement with the State of Minnesota for Regional Park land acquisition and that Wright County certifies that it will comply with all applicable laws and regulations as stated in the bonding request. NOW, THEREFORE BE IT RESOLVED that Marc Mattice, Wright County Parks Administrator is hereby authorized to execute such agreements as are necessary to implement the project on behalf of the applicant. I CERTIFY THAT the above resolution was adopted by the City Council of Monticello, Minnesota this 25th day of June, 2007. CITY OF MONTICELLO Clint Herbst, Mayor ATTEST: Jeff O'Neill, City Administrator 9) Proiect description and rationale (one page maximum). Wright County and the City of Monticello are submitting a request for 1/3 of the cost acquire 1,200 acres, including undeveloped lakes, in Wright County (Monticello Township/City), currently owned by the YMCA of Minneapolis, which will be used for the preservation of open space and natural resources for future public and current enjoyment and recreation. We are asking the State to supplement a portion of the cost of the project, with 1/3 of the cost to come from each Wright County and Monticello City. Both the County and the City have adopted resolutions indicating their support of this land acquisition. [Attachment A-I] Wright County is one of the fastest growing counties in Minnesota, and with an increase in population and development comes an increased demand for recreational opportunities. As competition for land heats up between those who wish to develop and those who desire to preserve some of our open spaces, costs begin to rise and open areas begin to disappear. It is our hope that early action and commitment on our part will help us protect recreational and outdoor opportunities for generations to come. In order to do this, we will need more funds than those that are available to us at a local level, and we are asking the State to consider contributing one-third of the projected cost. Even though the property under consideration is located in Wright County, many of our park users are Minnesota citizens from out~ide our county, and this acquisition by the County/City will further enhance the quality of outdoor recreation in bur state. User surveys taken by Wright County at two of our regional parks during the past three years indicate that about 40 percent of all visitors come from neighboring counties, the metro area, and greater Minnesota. In evaluating the regional significance of this proposed Regional Park, it is likely that these numbers will increase due to the proximity to the metro area and transportation corridors. The Statewide Comprehensive Outdoor Recreation (SCaRP) identified seven priorities that were adopted by Minnesota Outdoor Recreation Policy Advisors. This project will address all of them. I. Protect and restore the natural resource base on which outdoor recreation depends-lakes, streams, wetlands, forests, and grasslands. 2. Help sustain outdoor recreation facilities for future generations. 3. Help reserve prime recreational lands in areas of rapid population growth ahead of development and provide recreational facilities such as trails, water access, shore land, and natural areas. 4. Will help respond to demands of Minnesota's changing population by providing diverse form of outdoor recreation to the aging population as well as cultural diversity. 5. Will expand nature based outdoor recreation experiences for youth living in urban areas, by providing youth with close-by access to natural areas. 6. Improve coordination between governmental agencies by creating a partnership that will work together to plan, maintain, and offer a full range of recreational opportunities. 7. Increase the capacity of Minnesota's natural resource to support satisfying outdoor recreational opportunities. Wright County is located in central Minnesota, and our parks already serve many people from the greater regional area. The beautiful landscape and rural setting in our county both contribute to our high quality of life. Preserving this current YMCA property for recreational and outdoor activities will enable us to share that quality of life with people who are seeking opportunities to enjoy the outdoors in an area close to where they live. Even as open space in the metro area disappears to development, urban residents do not relinquish their desire and need to enjoy an area that is free from the noise and congestion that go hand in hand with an urban setting. Wright County's population is growing fast, and developers are working hard to meet the demand for housing and business. We must act quickly and soon if we are to have a hand in helping shape the quality of life for current and future citizens. Council Agenda: 6/25/07 5K. Consideration of acceotinl!: Kamoa Estates Drainal!:e Imorovements. Citv Proiect No. 2006-21C and aoorovinl!: reauest for [mal oavrnent. (BW) A. REFERENCE AND BACKGROUND: This improvement project consisted of grading a uniform and maintainable drainage ditch within the drainage easement between 114 Kampa Circle and the Monticello Golf Course to convey stormwater runoff from the 42" storm sewer outlet to the golf course pond system. Originally a ditch was to be graded through the drainage easements between the golf course and both 114 and 118 Kampa Circle, as well as to the first golf course pond. The project scope was reduced however once it was found that the property line between 118 Kampa Circle and the golf course actually ran through the middle of what the property owner had perceived to be their back yard. Consequently the property owner of 118 Kampa Circle requested that the City not construct a drainage ditch through this drainage easement. The Monticello Golf Course subsequently requested that the City not complete any work on their property either, therefore the scope of the project was reduced to only include work within the drainage easement between 114 Kampa Circle and the golf course. The City originally contracted with Fyle's Excavating to complete this project at a cost of $6,765 but due to some minor quantity revisions the project cost was reduced to $6,608. Fyle's Excavating completed the vast majority of the work for this project prior to shutting down for the winter last year and partial payment in the amount of $6,330 was issued to them in January of 2007 for this work. The remaining work was then completed this spring and the contractor has requested final payment in the amount of $278. The City has performed a final inspection and finds the work to be acceptable. In addition, staff has discussed the work completed under this project with the property owner at 114 Kampa Circle and they stated that the work is acceptable to them. Council should be made aware that the property owner at 114 Kampa Circle requested the contractor to complete additional grading work on their property outside the scope of our contract. As such the City is in no way responsible for any of this additional work, including turf establishment over this area as the property owner is completing this work. B. ALTERNATIVE ACTIONS: 1. Motion to accept the project and approve final payment in the amount of $278.00. 2. Motion to deny acceptance of the project and approval of final payment at this time. C. STAFF RECOMMENDATION: It is the recommendation of the City Administrator, the Public Works Director and the City Engineer that Council approve Alternative Action NO.1. D. SUPPORTING DATA: Final invoice from Fyle's Excavating. f/"I()~ FYLE'S EXCAVATING & HONEY WAGON 9697 Harding Ave. N. E. MONTICELLO, MINNESOTA 55362 (763) 295-2511 FAX (763) 295.5422 CUSTOMER'S ORDER NO. PHONE DATE :"-t;f)'-t{!~~.~.);~ /---- :553&.0 - / )-0 , , -.---___._.__J.-.-__..___ , , , --r--' , , U:PVAJi!G~ ~,~= fL/I. &'(.,ag~ (j..4Ekl4-u'}.5~L~ ______ .&Lt/lUP-!~ .-~~ -~- . , , , "~--'---'--'-'" 1-- , , , , , , , , , , -r- , , ; lit: ., -~! ------- , ~-----1 --JUNL92001_ , , _.1-__ , , , ". _'-t__n___.. , , , -- -------y----~- , , , , , , . ---.----~- ------------- l~.-.--------- TAX : -G+TY-O~MONUCELLQ_ A YMENT DUE ON RECEIPT OF THIS INVOICE. Service charge of Ilh% per monttJ on accounts 30 as! due. RECEIVED BY TOTAL All claims and returned goods MUST be accompanied by this bill. 15811 1Nl7f6/ To Reorder: 800-225-6360 or nebs.com CJha.nk%u Council Agenda: 6/25107 SL. Consideration of approvinl!: appointment of Terry Berl!: to the Finance Director Position. (JO) Terry Berg has accepted the City's offer for the Finance Director position. In preliminary checking of references everything is coming up positive. Due to time constraints, the City Administrator was unable to assemble all the information for the agenda item. It is hoped Monday night additional information will be submitted to the Council. Council Agenda - 6/25/07 5M. Consideration of annrovinl! Riverside Cemetery fence donation nrOl!ram. (J.S.) A. REFERENCE AND BACKGROUND: Recently, the Monticello Parks Commission approved a donation program allowing Monticello area residents to make a donation towards several proposed cemetery improvements in exchange for receiving a salvaged fence section from Riverside Cemetery. A minimum donation of $200 includes one fence section and $400 includes two fence sections. According to MN Statute 465.04, cities are authorized and empowered to receive and accept gifts and donations for the use and benefit of such cities and their citizens upon terms and conditions approved by the goveming body. Under the fence donation program, the funds would be designated for cemetery improvements, which is a qualified public use of donations. Approval of the donation program would allow donations to qualify as a tax deduction for the portion above and beyond the value of the fence section( s). The resolution included with this agenda item asks for approval of all donations that have been and will be received through the Riverside Cemetery fence donation program. B. ALTERNATIVE ACTIONS: 1. Approve all current and future contributions through the Riverside Cemetery fence donation program and authorize use of funds for cemetery improvements. 3. Do not approve the donation program contributions. C. STAFF RECOMMENDATION: It is the recommendation of the City Administrator and the Public Works Director to approve the acceptance of the contributions through the fence donation program. The program meets the intention of the statute to provide a benefit to the city and its citizens by providing a source of funds for cemetery improvements. D. SUPPORTING DATA: Resolution approving donation program. Copy of donation receipt form. List of proposed improvements. Riverside Cemetery Long Range Use Plan. City of Monticello RESOLUTION NO. 2007- - RESOLUTION APPROVING CONTRIBUTIONS WHEREAS, the City of Monticello is generally authorized to accept contributions of real and personal property pursuant to Minnesota Statutes Sections 465.03 and 465.04 for the benefit of its citizens and is specifically authorized to maintain such property for the benefit of its citizens in accordance with the terms prescribed by the donor. Said gifts may be limited under provisions ofMN Statutes Section 471.895. WHEREAS, Monticello area residents are invited to contribute donations to the City as part of the Riverside Cemetery fence donation program; and WHEREAS, all said contributions are intended to aid the City III cemetery improvements within the city's jurisdiction, as allowed by law; and WHEREAS, the City Council hereby finds that it is appropriate to accept the contributions offered as part of the Riverside Cemetery fence donation program. NOW THEREFORE BE IT RESOLVED by the City Council of Monticello as follows: All contributions described above are hereby accepted by the City of Monticello. All contributions described above will be used, as designated, for cemetery improvements. Adopted by two-thirds vote of the City Council of Monticello this 25th day of June, 2007. Mayor ATTEST: Jeff O'Neill, City Administrator DONATIONS MADE TO RIVERSIDE CEMETERY MAY BE APPLIED TO THE FOLLOWING PROPOSED IMPROVEMENTS: o LONDON STONE PLANTERS AT CEMETERY ENTRANCE o LANSCAPING AND PLANTING IN FRONT OF FLAG o LANDSCAPING AND PLANTING ALONG SOUTH SIDE (RETAINING WALL) o BLACKTOPPING ROADS IN CEMETERY o ARCHWAY OVER CEMETERY ENTRANCE o OTHER (DECIDED BY PARK BOAD) " ~t ",I z e 0 ~ " v ~ 0 ~ 0 01 , ~ ~ 0 " ~ w I! ~ E c ~ ~ 0 * 0 c , 0 ~ 0 w < '" E ~ 0 0 " 0 '0 u . ~ ~ ~ " ~ ~ '0 :E 0 > 0 ~ ~ 0 " ~ e .. ~ w ~ ~ . ti , c 0 " 0 ". . .E ~ 0 w $ ~ ~ z > " 0 0 '0' 0 < 0 w ~ a E c 0 . ~ ~ ...J , .2. ~ 0 0 ~ . ...J W . c E ~ !< . ffi ~ W I- " ~ " VI ~ .!!. ~ z I- 0 w j( 0 0 u ~ Z (,) W 'It a 'E w 0 ~ 0 w :> g E . ~ I- ~ f= :;; . ~ V C " l- e C c ODD ~ 0 ~ Z W ll. 0 . w (,) . 8 z < ~ ~ :J " 0 jjj ,2 ~ .. .. " 0 . ~ " :;; W (,) ~ C c ;:: B .. w 0 " C 0 C Cf .. 2 0 .l2 w '" C 0.. ~ 01 W w " C LL in ~ 8 0 '"8' :c 0 z 0 ~ '" 0 0:: . 't 0: V .. ~ ~ " 0 '" 0:: . " 0 .9{; . i< g " 0 > :J: ~ ~ " Z :; " ~ ~ $- ffi e 0 I- 0 '" M >- W 0 Ul ~r . " ". z . W z .Q 0 '" 0 '3 ~ w V Z ~ 0 :& C ,!d '" 0 I- > -is C c '" 0 " z u ex: .... C3 ii: f= 'll 0 c . . ~ ~ 0 0 0 "iJ '" :<5 ~ '" '5 .E ~ ~ f- ~ ffi . " " " Z ~ <( c > w 0 0 '+: Q. ~ .... CJ ~ 0 c c ., w Z " z z c E " ::E ~ '" Z w 0 E " ,g ,g > 0 0 5 F ~ '" ~ 0 '" ~ 0 > E " " '. z 5 0 u 0 u .2 '" f:: '5 ~ C . ~ cO C W l5 ~ :c :c ~ ~ w . '" ~ N >. ~ ~ . '" u 0:; '" U . 0 z 0 ..... :g IE "0 .... cO .. w ;;- 3 0 > Jj w ~ z 0 0 u '" 8 e e 0 . ~ < 0 I.J .~ ;,; ." ex: E -is . ~ < 'Ii ~ ~ .... -' :;: ~ ~I c z ~ 0 0 ,.. '" cr> C .!l W lJ :E 0 0 . U " - > -g 0 0 0 X Q. <( 3 0 0 0 j U c; ::E .c . ;; ';;: 1- a a, 001 c ~ z 5 5 0 cr> ~ ~ . 8 0 c ~ c ! ; u 0 ~ CJ 1- D .g .g ODD z ~ Ii. ODD g RIVERSIDE CEMETERY LONG TERM PLAN OUTLINE AS PRESENTED AND APPROVED BY THE RIVERSIDE CEMETERY COMMITTEE NOVEMBER 21, 2001 The Long Term Plan is itemized below in order of priori tv: 1. Landscaping main entrance area and along path towards flagpole The Committee would like to see the City work with a landscaper in developing a plan for this. The Committee was not aware of what expertise the parks staffhad in this area and doesn't know whether the Park Department could do the work or whether they would have to go to an outside source. The Park Department has indicated that they did the plantings at Ellison Park and that firms such as Steve's Nursery and Cedar Street Garden Center would help in preparing layouts and planting lists. 2. Sprucing up the entrance area including better lighting for the area The Committee feels the brick columns by the entrance are deteriorating and agree that the lighting should be incorporated in the landscaping plan (item #1). 3. Entrance monument with Riverside Cemetery name on it The Committee wants recommends that the monument has enough clearance for the contractor equipment to pass under. Therefore, the monument would be incorporated with the archway at the entrance (item #7). 4. Paving and widening of road This may be an expensive item to budget but the Committee feels it is necessary. 5. New fencing The fencing would be across the front but it is also suggested that fencing be considered on the east side where the cemetery abuts private residences. 6. Planting 3' shrub hedge in areas without fencing The Committee recommends some sections where the shrub hedge should be planted, along the east side and a section along the west side. The shrubbery is being suggested as the cost of fencing can get rather expensive. However, it is felt that areas where the cemetery abuts private yards it should be fenced. The Committee feels the Public Works Department can determine the height and type offencingto be used such as 4' chain link or 4'+ wrought iron fencing. The location of the shrub would be from the side entrance going to the east and it is suggested that an evergreen hedge be planted. At the present time nothing is there. C:\BETH\WOROPROC\RIVERSID\long-term-<;emetery.p1an-2001.wpd : 12107/01 . PAGE 1 OF 4- 7. Archway at the entrance The Committee feels Bailey Station on County Road 14 at Big Lake is very attractive and that something such as this would work well. It was felt that this should be done as part of the entrance monument (item #3). 8. Water/irrigation improvements The Committee suggests the City incorporate additional irrigation as the cemetery expands to the west. 9. Clean up secondary growth area along the river The Committee recommends cleaning up this area along the river bank to deter problems the City has had in the past with individuals parking in the cemetery and climbing down the bank to go fishing, as well as the dumping ofleaves, garbage, mattresses, etc. It was felt that clearing out the area would make any activities taking place there more visible to the public and law enforcement personnel. 10. Planting of some flowering trees This could be covered under the landscaping plan (item #1). The Parks Department has recommended the dwarf variety flowering trees are not planted. 11. Placement of benches along river and the pathway This would be incorporated in the memorial fund plan. The Committee suggests offering maintenance free benches such as recycled plastic materials to be set on cement pads. 12. Replace existing shed The Committee recommends that when the shed is replaced that it should be moved to amore remote location towards the back of the cemetery for aesthetic purposes. 13. Suggestion to chain off the other entrances to the cemetery The Committee is not in complete agreement on this item. One member feels that for safety and security reasons, chaining off all other entrance/exits other than the main entrance should be considered. The member feels that if you force people to use the same entrance and it is well lighted, it is less likely that they will go into the cemetery for other purposes. Other members feel that chaining the entrance/exits that are used would make it seem unwelcoming. It should be noted that at the present time the main entrance does not stand out that much and it may not be obvious to people visiting the cemetery for the first time that this is the main entrance to use. Upon completion of the entrance area improvement, it will be more of focal point and this item can be looked at again at that time. C:IBETH\WORDPROCiRIVERSIO\long-lerm-cemetery-plan-2001.wpd : 12107/01 - PAGE 2 OF 4- Other Considerations and Items for Future Concern: 1. Acquisition of landfor future cemetery development The Committee feels this is something that needs to be accomplished within the next five years. The Committee suggests that it will be important for the Public Works Director to initiate setting aside funds each year in the budget so that when a suitable site may become available, the funding will be established for this purchase. It is preferred and recommended that the City acquire an open flat parcel of at least 10 acres for a future cemetery. The City would then be able to landscape and plot the site, as well as incorporate a pathway or walkway throughout the cemetery. 2. Mark walkways The Committee feels that planting shrubs, etc. would help better define what is considered a pedestrian walkway and what is a driveway in Riverside Cemetery. This could also be incorporated into the landscape plan (item #1). 3. Tree maintenance/care/trimming trees The Committee feels that the City should be trimming trees in the area especially on the west side where they are so thick. The Parks Department should be in charge of determining if any trees need to be removed. 4. Level/compaction of graves/fill in sunken graves The Committee the City should make sure the excavating contractor is backfilling graves properly and it is important that the contractor compact in layers as the grave is being backfilled. This should help with the current problem of sinking graves throughout Riverside Cemetery. The sunken graves need to be filled in because they cause problems when mowing. 5. Look at caretaker position for future system The cemetery may be something the Parks Departrnentmay end up handling and possibly this may not continue to be a contract position. The Committee feels there are many pros and cons of a contract caretaker versus a City employee caretaker. One member feels that a contract caretaker position would not see to the seeding, watering and other maintenance on the grave sites. Other members feel the contract position could cover that work but it would require monitoring by City staff to see that it was enforced. One member noted that with City employees theywould generally be off from Friday at 4:30 p.m. until Monday at 7 :30 a.m. and this could create a problem. If the City considers taking over this responsibility, a rotating shift is suggested for items that would come up on the weekend. 6. Find a program to ensure seasonal maintenance plan The Committee would like to see snow removal at the main entrance and exits be done in a timely manner and not just when there is a funeral as there are many individuals who visit the cemetery in the winter months to place holiday wreaths, and ornaments, etc. C:\BETH\WORDPROC\RIVERSIDlJong-Iem1-cemelery-plan-2001.wpd: 12/07101 - PAGE 3 OF 4- 7. Plant grass and get it to grow The Committee feels that regardless of whose responsibility it is (the City or a Contractor) there has to be a greater emphasis on getting the new grave areas seeded and maintained until the grass grows. It is felt that from this point going forward the City should see to this, but it may not be feasible for the City to re-seed old graves as they are too numerous. The Parks Department has suggested that the use of a fiber mat to hold the seed and moisture in might be utilized in getting the grass started. It should be cautioned that there are some problems mowing around the fiber mat but once the grass is established the mat could then be removed. C:\BETH\WORDPROC\RNERSIDlJong-term-cemelef)'-plan-2001.wpd : 12107/01 - PAGE 4 OF 4- This item involves creating a report that would outline the issues involved in creating a storm water utility and make recommendations to the City of Monticello staff on establishing their own utility. A storm water utility is a tool used to collect the fees necessary to provide for the maintenance, improvement, replacement, and administration of the City's storm water collection and disposal systems. This utility is a service similar to the water and sanitary sewer utilities. Like the sanitary sewer utility, the fee is based on the amount of storm water runoff generated from a property. For example, a parking lot creates more storm water runoff than a grassy area the same size; therefore, the parking lot owner would pay a higher rate. In this way, the landowners in the City will pay for the management of storm water in proportion to the amount of storm water runoff they contribute to the system. Council Agenda: 6/25/07 5N. Consideration of Authorization to Proceed on a Process for Establishinl!: a Storm Water Utility Fee Prol!:ram (BW) A. REFERENCE AND BACKGROUND: In the past few years, the City of Monticello has relied on storm sewer trunk fees collected with new developments as a means to finance improvements (repairs, maintenance, and replacement) to the City's storm sewer system. These maintenance activities were not part of the justification for the trunk storm sewer system and so an alternate funding source needs to be identified. As development has occurred, the City has also seen the increase in storm sewer lines and storm sewer ponds, which will need future maintenance. As a result, City staff has recognized the need to explore other means of financing the expanded system. Storm water utility fees have become commonplace in Minnesota cities due to the increased regulation on wetlands and storm water quality. In establishing a fee, it is important for the rates to reflect the needs of the City and be a fair and justifiable method in determining fees for different land uses. The interesting part of the fee is that all users contribute, including typically tax free entities such as schools and churches. This spreads the maintenance responsibility to all contributors. This report will outline the issues involved with creating a new utility, including public participation, a rate structure, and implementation of a new utility. The report will also identify the need for a utility based on evaluating the future needs of the storm sewer system, the annual costs of a maintenance program, future rules and regulations associated with discharges to the Mississippi River, and compare storm water utilities in other communities. It would be the intent of this study to establish this utility prior to 2008. This report is proposed to be completed at a cost of $ 2,500. B. ALTERNATIVE ACTIONS: I. Authorize WSB & Associates, Inc. to prepare the report, which will outline recommendations toward preparing the process and establishing a Storm Water Utility. 2. Do not authorize the preparation of a report at this time. Council Agenda: 6/25/07 i , This alternative should be selected if Council believes that storm sewer maintenance should b funded via other sources such as the general fund. C. STAFF RECOMMENDATION: It is the recommendation of the City Administrator, City Engineer, Public Works Director and to select Alternative No.1. This recommendation is universal among staff. D. SUPPORTING DATA: None Council Agenda: 6/25/07 50. Consideration of amendments to City ordinance rel!ulatinl! traveJinl! shows. (JO) A. REFERENCE AND BACKGROUND: In May the Council approved a permit for a carnival and at that time a number of questions were raised that pointed out some deficiencies in our ordinance. Staff has made some revisions to the ordinance to attempt to address these concerns. In the attached ordinance document language to be added is in bold and anything proposed to be deleted has a line through it. Insurance: In checking with our agent he felt our insurance requirements were light and recommended going with $1,000,000 liability coverage. This coverage amount was found in a number of ordinances from other communities that were reviewed. In addition language was added that requires that the City be named as an additional insured. This is contained in Section 3-9-8 along with a clause holding the City harmless from claims resulting from the carnival operation. Permission of Property Owner: The ordinance did not contain any language requiring the applicant to show evidence that the property owner gave permission for the use of the site for that purpose. That language has been added to Section 3-9-4. Length of time of permit: Section 3-9-6 ofthe ordinance provided for a license period of not longer than seven days. It does not say whether that includes set up/take down time. Language was added to include that time as part of the seven days. The concern was that a carnival could have their equipment on site for a considerable length of time either prior to setting up for the days the carnival operates or after the carnival closes. The operator of the carnival stated it takes about three days to set up which includes an inspection by the state. If that is typical, then under our present provision of seven days, there would only be four days that the carnival would be operating. If the Council feels a carnival should have more than seven days for set up, operation and take down, they may wish to change this provision of the ordinance. Hours of Operation: The ordinance did not contain any language addressing hours of operation. If the City wanted to regulate the hours of operation they could reference Section B (1) of Title 6, Chapter 1 of City Code or establish specific hours for this type of event. Title 6, Chapter 1, Section B (1) basically prohibits a gathering of people where there is noise being generated that can be heard within 50 feet of the event between the hours of 10 p.m. to 7 a.m. It seems that having a carnival going at 7 a.m. may generate some complaints. Hours of operation have been listed as 10 a.m. to 10 p.m. but this is a provision the Council may want to look at further. Miscellaneous: In some of the other ordinances that were reviewed there were provisions that prohibited alcohol from being brought onto the site. There was also a provision that required the permit holder to control traffic entering and leaving the site to ensure that the event did not interfere with the normal traffic flow. The ordinance does not contain any provision restricting carnivals/traveling shows to any particular zoning district. If the Council feels these are provisions that should be included, they can be added to the ordinance. Council Agenda: 6/25/07 Approval of License: Section 3-9-9, item B states that previous violations of Monticello ordinances, other cities' ordinance or state and federal regulations will be considered in reviewing the application. Since the application and other related information is only submitted 10 days in advance of the Council meeting, there may not be time to thoroughly check for violations in other cities, etc. The number of applications for permits under this ordinance is relatively small and the ordinance has been in place for some time. Since the ordinance has seemed to work well in the past, the changes proposed are primarily items that clarify existing provisions and do not expand the scope of the ordinance to any significant degree. B. ALTERNATIVE ACTIONS: I. The City Council could adopt the ordinance with the revisions noted. 2. The City Council could adopt the ordinance with modifications as specified by the Council. 3. The City Council could not approve the ordinance revisions. C. STAFF RECOMMENDATION: The proposed revisions to the ordinance primarily address questions raised by the Council when the last permit was approved. It is the recommendation of the City Administrator that the revisions to the ordinance including any modifications made by the Council be approved. D. SUPPORTING DATA: Copy of revised ordinance. SECTION: 3-9-1: 3-9-2: 3-9-3: 3-9-4: 3-9-5: 3-9-6: 3-9-7: 3-9-8: 3-9-9: 3-9-10: 3-9-1: 3-9-2: 3-9-3: 3-9-4: 3-9-5: CHAPTER 9 TRAVELING SHOWS Purpose Definitions License Required License Application License Fees Provisions of License Surety Bond Insurance Approval of License Revocation PURPOSE: Te "satre1 aad regalate trayeliag shews. The City Council finds that reasonable regulation of carnivals, circuses and other similar events is necessary because of the impact such activities may have on the safety and well being of the citizens. DEFINITIONS: Unless otherwise stated, whenever used in this chapter, the following words shall have the meaning given them in this section: CARNIVAL: l. traveliRg entefflrise efferiag amaseRlllHt. A traveling enterprise consisting of any combination of amusement rides, games, sideshows or exhibits. CIRCUS: An arena often covered by a tent and used for variety shows, usually including tests of physical skill and daring, wild animal acts, and performances by jugglers, clowns, etc. MENAGERIE: Display of animals for exhibition. LICENSE REQUIRED: No individual or firm shall operate a carnival, circus, or menagerie in the City of Monticello without having first obtained a license as provided by this chapter. LICENSE APPLICATION: Every person or firm desiring license shall fill out a form as prescribed by the City Clerk and receive approval for such application by the City Council. Such an application shall be made at least ten (10) days in advance of the City Council meeting at which it is to be considered. The applicant shall provide evidence of written permission by the property owner of the site specified in the application allowing the operation of the carnival, circus or menagerie on the site. LICENSE FEES: Fee for a license shall be a fee schedule adopted by the City Council. The fee payment shall accompany application. This license fee may be waived or modified for non-profit organizations by the City Council. (#107, 11/23/81) 3-9-6: 3-9-7: 3-9-8: 3-9-9: 3-9-10: PROVISIONS OF LICENSE: License shall be as provided in the license application unless modified by the City Council and shall not be for a period longer than seven (7) days including set up and take down time. SURETY BOND: A surety bond in the amount of Five Thousand Dollars ($5,000) shall be provided to the City of Monticello to insure that all applicable federal, state, and city regulations are adhered to, including provisions of this chapter. This bond shall accompany the application. INSURANCE: Proof of ins\l1afiee shall be pr-evided with the awlioation aHd shall include protection far at least the fallowing amounts: I. For amollHts iHclu8ing death therefrom sustained by anyone persoH $100,000. 2. For injuries ilioludiag death therefr-om sUGtailied by two or more persons resulting from oOOllffenoe $399,990. 3. Fer property damage $50,000. The licensee shall provide proof of liability insurance coverage to protect the City and licensee against any claims or liability for personal injury or property damage sustained by any person as a result of the operation of carnival, circus or menagerie. The liability coverage shall name the City as an additional insured. The insurance coverage shall have minimum limits of liability coverage of $1,000,000. The licensee shall indemnifY, defend, and hold harmless the City from any claims and liability which may be brought against the municipality as a result of the operation of the circus, carnival or menagerie. APPROVAL OF LICENSE: City Council shall review application and consider approval based on the following factors: (A) Adherence to ordinance provisions of this section. (B) Previous violations of City of Monticello ordinances, other cities' ordinances, state and federal regulations. (C) Location and capability oflocation to handle anticipated traffic, etc. (D) Noise levels and proximity to residences, nursing homes, hospitals. (E) Other extenuating circumstances that may endanger the health, safety, and general welfare of the City of Monticello and its citizens. (F) Hours of Operation: Hours of operation are limitedfrom 10 a.m. to 10 p.m. REVOCATION: City Council may revoke the license at any time for violations of this ordinance or becoming aware of misrepresentation of facts in the application. COlUlCil Agenda: 6/25/07 SP. Consideration to Prepare a Chanl!:e Order for Dalton Avenue. Dalton Court. and Dalton Wav Street. Utilities. and Appurtenant Work (City of Monticello Proiect No. 2006-1SC) A. REFERENCE AND BACKGROUND: While the City of Monticello is finalizing the construction of Dalton Avenue NE and Dalton Court as part of the Otter Creek Industrial Park, surface drainage conditions from the farm field south of A VR this spring have raised the need for additional storm sewer and catch basins to better control drainage. The A VR construction site experienced flooding from off-site surface runoff after the area to the south experienced snowmelt while frost was still in the ground preventing infiltration. While there were no known drainage issues prior to construction, there are a number of factors which could have contributed to this condition: . frozen ground conditions . the storm sewer not complete at the A VR site . the blockage of surface and sub-surface drainage routes by the construction of the cul- de-sac at the end of Dalton Avenue The A VR site is susceptible to overland flows due to its lower elevation from the property to the south. It was anticipated that the property to the south would not create any immediate needs and the drainage could be addressed when that property was developed. This spring's drainage concern has moved up the schedule to address these issues. To avoid similar problems in the future, it is proposed to extend storm sewer south to the Spike property along Dalton A venue, grade bypass berms in several locations, and add a catch basin to control off-site runoff. Originally, the storm sewer in the Dalton Avenue design was to accommodate only the drainage on the City-owned industrial property site. While the storm water ponds were sized for an additional 40 acres of development, it was unclear where development would occur. The Spike property or the YMCA property will use this capacity. Currently, the areas adjacent to the industrial park have three options for drainage discharge, the Otter Creek Business Center ponds, Otter Creek, or south to unnamed wetlands. The extension of storm sewer at this time will alleviate the drainage concerns and provide some capacity for the future. These pond improvements have been previously identified by the City's Surface Water Management Plan and with the improvements upstream, the projects take on greater importance in the City's overall surface water management. The contractor, R. L. Larson Excavating, Inc., has agreed to complete all of the work for a lump sum cost of $40,000.00. c: '.DocIl"U,"U WId SeIlII1g$IJI1",,,_grossl'W'r;LocaI Semngi,Ternporary ["rorner FllesiOLKB3<AGN lTM_DaltonAwCOUJ61507.doc & Associates, lnc. Infrastructure I Engineering I Planning I Construction 701 Xenia Avenue South Suite 300 Minneapolis. MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 ... WSB June 21, 2007 Mr. Rick Wolfsteller City of Monticello 505 Walnut Street, Suite I Monticello, MN 55362 Attn: Dawn Grossinger, Deputy City Clerk Re: Change Order No.1 Dalton Avenue, Dalton Court, and Dalton Way Street, Utilities, and Appurtenant Work City of Monticello Project No. 2006-15C WSB Project No. 1627-57 Dear Mr. Wolfsteller: Please find enclosed Change Order No. I (in triplicate) for the above-referenced project for your review and approval. The net increase to the contract amount is $40,000.00, resulting in a revised contract total of $1 ,043,560.02. We hereby recommend that the City of Monticello approve Change Order No. I in the amount of $40,000.00 for R. L. Larson Excavating, Inc. If you have any questions regarding the above, please do not hesitate to contact me at 763-287- 7190. Sincerely, WSB & Associates, Inc. ~~A~ Bret A. Weiss, PE President Enclosures cc: Brent Hamak, R. L. Larson Excavating, Inc. Doug Hackman, WSB & Associates, Inc. srb Minneapolis I St. Cloud Equal Opportunity Employer '(,'h1617.'1L~...."':('wz.'/r'JIo'..nAdlllinJ,rnCOI(7r.r""Jftrdkr<-fJlj2IU1.Jd. JUN-21-2007 10:08 From:RL LRRSON JUN-21-2007 11:09 DALTON AVEIIUi, llALTON COURT, AND DALTON WAY STRl!l!T, U11Lmes, AND AJIlPURTENANTWORIC CITY PROJECT Ng, 3Oa5-15C CITY OF MONTlC~I.LO, MN WIlli PROJECT NO. 1121.5T OWNER: CITY OF MONllCE1.l.O DOS WALNUT S~ET, SUm: 1 MON11CELLO, MN 1553GZ To: 17632877170 Page:2/3 CHANce ORDER NO.1 CONTRACTOR: ILL LARSON ElU;AVATING, INC. 2255 -12TH STREET S~ ST. CLOUD, MN 583G4 YOU ARE IltRECnD TO MAJ<E THE FOUOWING CHANGES IN THE CONTRACT DOCUMENT DESCRIPTION: CONTRACT QUANTlTIES ARE MODIFIED AS SHOWN ON niE II llACHED DEl AIL. P,02/03 ~ll2aG1 IT IS UNDERSTOOD TIiATTHIS CHANGE ORDER INCLUOESALL AOOITlONAI. COSTS AND 11ME EXTENSIONS WHICH ARE IN AN'I WAY. SHAPE, OR FORM ASSOCIATED WITH THE WORK CLEMENTS DESCRIBED ABOVE. CHANGE IN CONTRACT PRICE: ORIGINAl. CONTRACT PFlICE: PREVIOUS CHANGe OftlleR5: NlA CONTRACT PRICE PRIOR TO THIS CHANGE ORDER: NET CONTRACT INCREASE WITH THIS CHANGE ORDeR: CONTRACT PRICEWrTH AU APPROVED CHANGE ORDERS: RECOMMENDED BY: ~Ml-AJ~ BRET A. WEISS. PE. PRESIDENT WSB "ASSOCIATES. INC. ENGINEER APPROVED BY: CITY BNGlNEER DATE CHANGI! IN CONTRACT TIME: 51,OO~,seO.02 ORIGINAL CONTRACT TIME: $0,00 NET CliA.'<GE FROM PREVIOUS CHANGE ORDERS: $1.003.56002 $40,000.00 $1,043,560.02 CONTRACT TIME PRIOR TO THIS CHANGE ORDER: NET INCREASE WITH CHANGE ORDER: CONTRACT 11ME WITH APPROVED CHANGE ORDERS: ~~'d. /~ /./ 4/ ".' CONTRACTOR SIGNATURE R, L. LARSON EXCAVATING. INC. CONTRACTOR CITY ADMlNISTRATOR DATE 1C..'\lM'2J'~""'''''''I''7fof7~''''''t...".c;.o.1 7/1512001 NIA 1/1S12007 o DAYS 7/15121107 CHANGE ORDER NO.1 DETAIL DALTON AVENUE, DALTON COURT, AND DALTON WAY STREET, UTILITIES, AND APPU RTENANT WORK CITY PROJECT NO. 2006-15C CITY OF MONTICELLO, MN WSB PROJECT NO. 1627.57 ADDED ITEMS Item No. Mat. No. Description 127 STORM SEWER EXTENSION TO SPIKE PROPERTY AND GRADING AROUND AVR SITE TOTAL ADDED ITEMS CHANGE ORDER NO.1 DELETED ITEMS Item No. Mat. No. Description TOTAL DELETED ITEMS CHANGE ORDER NO.1 TOTAL ADJUSTMENT TO ORIGINAL CONTRACT AMOUNT Qty Qty Unit LUMP SUM Unit Price $40,000.00 Price 6121/2007 Extended Amount $40,000.00 $40,000.00 Extended Amount $0.00 $40,000.00 K:\01627-5T1AdmJn\ConstnJctlon Admfn\1677-57 Change Order 1.x/sC01 Detail 1. Consideration of adoptinl!: a new ordinance establishinl!: Rental Bousinl!: Licensinl!: Provisions 2. Consideration of adoptinl!: a new ordinance adoptinl!: the International Property Maintenance Code with amendments 3. Consideration of amendinl!: the 2007 fee schedule to include fees for Iicensinl!: of rental housinl!: properties pursuant to city code Title 3 Chapter 16 A. REFERENCE AND BACKGROUND Information discussed at the workshop between City Council and City Staff on June 25, 2007 at 6:00 pm. B. ALTERNATIVE ACTIONS I I. Motion to approve the adoption of city ordinance Title 4, Chapter 4 "Adoption of the International Property Maintenance Code" and approve adoption of ordinance Title 3, Chapter 16 "Rental Housing Licensing Provisions" with an amendment to the 2007 fee schedule establishing fees for the licensing and inspection of rental properties pursuant to city code Title 3 Chapter 16. Motion based on the finding that adoption of the ordinances will provide standards for conditions essential to ensure that structures are safe, sanitary and fit for occupation and use. 2. Motion to approve the adoption of city ordinance Title 4, Chapter 4 "Adoption ofthe International Property Maintenance Code" and motion to table ordinance Title 3, Chapter 16 "Rental Housing Licensing Provisions" with amendment to the 2007 fee schedule. 3. Motion to deny adoption of ordinance Title 4, Chapter 4 "Adoption of the International Property Maintenance Code" and deny adoption of ordinance Title 3, Chapter 16 "Rental Housing Licensing Provisions" with an amendment to the 2007 fee schedule. 4. Motion to Table the issue. C. STAFF RECOMMENDATION City staff recommends alternative 1. D. SUPPORTING DATA Copy of agenda from the June 25th, 2007 Rental Licensing and Property Maintenance Code workshop. Council Agenda: 6/25107 8. Issue a Nel!:ative Declaration of Need for an Environmental Impact Statement eElS) for the Mills Fleet Farm development (WSB) A. REFERENCE AND BACKGROUND: The public comment period for the Mills Fleet Farm Environmental Assessment Worksheet (EAW) ended June 20, 2007. This project is located along Chelsea Road between CSAH 18 and Fallon Avenue. This project is located on approximately 36 acres on two parcels and would include a 4,378 sf convenience store/gas station, a 5,080 sf car wash, and a 273,201 sfretail store with an automotive center. This development required an EA W pursuant to Minnesota Ru1es 4410.4300 subpart 14.B pertaining to the construction of a commercial development. The purpose of the EA W is to identify potential environmental impacts and determine whether or not an Environmental Impact Statement (EIS) is required. An EIS is a more extensive environmental review process. Determining whether or not an EIS is needed does not relate to providing approval or denial for the project. No comments were received from the review agencies during the comment period. Based on the information in the EA W and the attached Findings of Fact, the project does not have the potential for significant environmental impacts that cannot be addressed as part of the permitting process B. AL TERNA TIVE ACTIONS: 1. Issue a Negative Declaration of Need for an EIS for the Mills Fleet Farm development. 2. Authorize preparation of an EIS for the Mills Fleet Farm development. C. STAFF RECOMMENDATION: The City Administrator recommends selecting Alternative No.1. D. SUPPORTING DATA: Findings of Fact and Conclusion Sample Resolution c: ',Doc""","Ll' and Seltings'd~_gros.sing,,,,Local SelliJlg$',Temporary 1l11ernel Files,OUJJ3'AGN ITM-FIeeIFarmEA W-<J62507.doc CITY OF MONTICELLO In the matter of the Decision on the Need for an Environmental Impact Statement (ElS) for the Mills Fleet Farm development in Monticello, MN FINDINGS OF FACT AND CONCLUSIONS The proposed Mills Fleet Farm development site is located along Chelsea Road between CSAH 18 and Fallon Avenue. This project is located on approximately 36 acres on two parcels and would include a 4,378 sf convenience store/gas station, a 5,080 sf car wash, and a 273,201 sfretail store with an automotive center. This development required an EA W pursuant to Minnesota Rules 4410.4300 subpart 14.B pertaining to the construction of a commercial development. The City of Monticello has prepared an Environmental Assessment Worksheet (EA W) for this proposed project. As to the need for an Environmental Impact Statement (ElS) on this project and based on the record in this matter, including the EA W and comments received, the City of Monticello makes the following Findings of Fact and Conclusions: FINDINGS OF FACT I. PROJECT DESCRIPTION A. Project The proposed project involves grading the 36-acre site to construct the development. The project is anticipated to convert the site from primarily agricultural use to developed commercial use. B. Project Site The proposed project is located along Chelsea Road between CSAH 18 and Fallon A venue. The site currently contains approximately 28 acres of crop land and 4.7 acre of brush land. The proposed condition is anticipated to contain 27.6 acres of impervious surface and 5.9 acres oflawn/1andscaping. The existing 2.52 acres of storm water pond present within the site will remam. II. PROJECT HISTORY A. The project was subject to the mandatory preparation of an EA Wunder Minnesota R. 4410.4300 subp. 14.B. B. An EA W was prepared for the proposed project and distributed to the Environmental Quality Board (EQB) mailing list and other interested parties on May 15, 2007. C:Wocuments and Settings\dawn.grossingerlLocal SettingslTemporary Internet FilesIOLKB3\FOF 062107.doc C. A public notice containing information about the availability of the EA W for public review was published in the Monticello Times on May 24, 2007. D. The EA W was noticed in the May 21, 2007 EQB Monitor. The public comment period ended June 20, 2007. No comments were received by the comment period deadline. III. CRITERIA FOR DETERMINING THE POTENTIAL FOR SIGNIFICANT ENVIRONMENTAL EFFECTS. Minnesota R. 4410.1700, subp. I states "an EIS shall be ordered for projects that have the potential for significant environmental affects." In deciding whether a project has the potential for significant environmental affects, the City of Monticello must consider the four factoItS set out in Minnesota R. 4410.1700, subp.7. With respect to each of these factors, the City finds as follows: A. TYPE, EXTENT, AND REVERSIBILITY OF ENVIRONMENTAL EFFECTS The first factor that the City must consider is "type, extent and reversibility of environmental effects", Minnesota R. 4410.1700, subp. 7.A. The City's findings with respect to each of these issues are set forth below. 1. The type of environmental impacts and mitigation efforts anticipated as part of this project include: a. Wastewater Generation and Water Consumption: This development is anticipated to use and generate a daily demand of approximately 31,810 GPD of water and wastewater. Development within this area was anticipated as part of the City's Water Supply Plan and can be accommodated by the City's water system. The wastewater generated by the development will be conveyed to the Monticello Wastewater Treatment Facility. While this development by itself will have a negligible impact on the City's WWTF and can be accommodated, the cumulative impact of multiple developments anticipated through the City has triggered the need for the City to explore options for the expansion of the WWTF. Currently, the WWTF has the capacity to serve the proposed development. b. Storm Water: The project is anticipated to generate additional storm water runoff. This runoff will be treated within the regional ponds that currently exist adjacent to the c: !.Documents and Settings\dawn.grossinger'Local Settings I Temporary Internet FilesIOLKB31,FOF 0621 07.doc site. Discharge rates from these ponds will provide treatment to NURP guidelines and restrict runoff rates to pre- development conditions. c. Traffic: This development will generate additional traffic in the area. Right turn lanes on Chelsea Road will be needed for access to the development. Additionally, the City will review with the developer the potential need for access at Dundas Road. Operations on Chelsea Road and the four analyzed intersections will remain at LOS C and above with the development. Therefore, no traffic improvements will be required specifically for the Mills Fleet Farm Development. However, with the additional commercial development between 194 and Chelsea Road, Chelsea Road will need to be upgraded to a three-lane facility west of Fallon Avenue. In addition, the intersection of Chelsea Road and Edmonson A venue is approaching the need for signalization with the Mills Fleet Farm development. It is anticipated that with the additional commercial development planned for the area, signal warrants would be met. d. The extent and reversibility of environmental impacts are consistent with those of residential development. B. CUMULATIVE POTENTIAL EFFECTS OF RELATED OR ANTICIPATED FUTURE PROJECTS The second factor that the City must consider is the "cumulative potential effects of related or anticipated future projects", Minnesota R. 4410.1700 subp.7.B. The City's findings with respect to this factor are set forth below. 1. The proposed Mills Fleet Farm site is located along Chelsea Road between CSAH 18 and Fallon Avenue. The area surrounding the proposed development has served as an industriallbusiness park since 1990. The parcels located along the north side of Chelsea Road, directly north and east of the project location, have been identified as potentially being developed within the near future. Should these parcels develop they will utilize the regional ponding locations that have been constructed in the area. Additionally, Chelsea Road is planned for reconstruction in 2007; the roadway has been designed taking the future development of these parcels into consideration. The primary cumulative impacts associated with this area are future industrial or commercial development that increases storm water C:\Documents and SeUings'dawn.grossinger\Locai Settings'LTemporary Internet Filesl,OLKB3\FOF 062107.doc runoff and increases traffic in the area. The City has completed regional storm water analysis and a City-wide transportation plan. The impacts associated with additional storm water can be accommodated in the regional ponds in the area and/or with the City's storm water management policies that require treatment and rate control. The City's Transportation Plan identifies road improvements that are needed to mitigate for growth in the City. The City has planned for light industrial development in this area. In order for commercial development to be accommodated, a Comprehensive Plan amendment is needed as well as rezoning of the area. The City will be reviewing the impacts ofthis change in the corning months. C. THE EXTENT TO WHICH ENVIRONMENTAL AFFECTS ARE SUBJECT TO MITIGATION BY ONGOING PUBLIC REGULATORY AUTHORITY l. The followinl! permits or approvals will be required for the proiect: Unit of Government Tvne of Application Status State MPCA NPDES storm water permit To be obtained City/Local City of Monticello Comprehensive Plan Amendment To be obtained City of Monticello CUP for open and outdoor To be obtained storage City of Monticello CUP for outdoor sales and To be obtained displav City of Monticello CUP for Planned Unit To be obtained Development City of Monticello Grading and building permit To be obtained City of Monticello Preliminary and final plat To be obtained approvals City of Monticello Field verification of wetlands To be obtained 1. The City finds that the potential environmental impacts of the project are subject to mitigation by ongoing regulatory authorities such that an EIS need not be prepared. C:\Documents and Settings \dawn.grossingerILoca/ Settings I Temporary Internet FileslOLKB3 IFOF 0621 07.doc D. THE EXTENT TO WHICH ENVIRONMENTAL EFFECTS CAN BE ANTICIPATED AND CONTROLLED AS A RESULT OF OTHER ENVIRONMENTAL STUDIES UNDERTAKEN BY PUBLIC AGENCIES OR THE PROJECT PROPOSER, OR OF EISs PREVIOUSL Y PREPARED ON SIMILAR PROJECTS. The fourth factor that the City must consider is "the extent to which environmental effects can be anticipated and controlled as a result of other environmental studies undertaken by public agencies or the project proposer, or ofEISs previously prepared on similar projects," Minnesota R. 4700.1700, subp.7.D. The City's findings with respect to this factor are set forth below: The proposed project is subject to the following plans: 1. City of Monticello Comprehensive Plan (March 1996) 2. City of Monticello Wellhead Protection Plan (January 2004) 3. City of Monticello Comprehensive Water Resource Management Plan 4. City of Monticello Transportation Plan The City frods that the environmental effects of the project can be anticipated and controlled as a result of the environmental review, planning, and permitting processes. C:IDocuments and Settings',dawn.grossinger'iLocal SettingslTemporary Internet Files\OLKB3\FOF 061I07.doc CONCLUSIONS The preparation ofthe Mills Fleet Farm EA W and comments received on the EA W have generated information adequate to determine whether the proposed facility has the potential for significant environmental effects. The EA W has identified areas where the potential for significant environmental effects exist, but appropriate measures have or will be incorporated into the project plan and/or permits to mitigate these effects. The project is anticipated to comply with all City of Monticello standards and review agency standards. Based on the criteria established in Minnesota R. 4410.1700, the project does not have the potential for significant environmental effects. Based on the Findings of Fact and Conclusions, the project does not have the potential for significant environmental impacts. An Environmental Impact Statement is not required. C:'iDocuments and Settings\dawn.grossingerILocal Settings'ITemporary Internet Fi/es'IOLKB3IFOF 062107.doc RESOLUTION 2007-48 RESOLUTION ISSUING A NEGATIVE DECLARATION OF NEED WHEREAS, the preparation of the Mills Fleet Farm EA Wand comments received on the EA W have generated information adequate to determine whether the proposed project has the potential for significant environmental impacts; and WHEREAS, the EA W has identified areas where the potential for significant environmental effects exist, but appropriate measures have or will be incorporated into the project plan and/or permits to reasonably mitigate these impacts; and WHEREAS, the Mills Fleet Farm project is expected to comply with all the City of Monticello and review agency standards; and WHEREAS, based on the criteria established in Minnesota R. 4410.1700, the project does not have the potential for significant environmental effects; and WHEREAS, based on the Findings of Fact and Conclusions, the project does not have the potential for significant environmental impacts. NOW, THEREFORE, BE IT RESOLVED, the City of Monticello has determined that an Environmental Impact Statement is not required. Adopted by the Monticello City Council this 25th day of June 2007. Mayor ATTEST: City Administrator C:1Documents and Settings\dawn.grossingerlLocal Settingsl,Temporary Internet FileslOLKB3'iResolution Neg Dee.doc City Council Agenda- 06/2512007 9. Consideration of a reQuest for Comprehensive Plan Amendment to re-desil!llate industrial land use to commercial land use in the area north of Chelsea Road East and a reQuest for Rezoninl!: from l-tA (Lil!:ht Industrial) to B-3 (Hil!:hwav Business. Applicant: Mills Fleet Farm (NAC). The Planning Commission heard this item at their June 5th, 2007 meeting and recommended approval of the request in a 2-t vote. The Commission discussed potential traffic impacts from the site under either industrial or commercial zoning. The Commission also discussed the general traits of the site, and the direct exposure and access to Interstate 94. The Commission believed that the traffic generated from the site under a commercial land use designation would have a minimal impact on the existing industrial uses. The Plauning Commission also believed that the subject site was consistent with classic commercial land use traits. A. REFERENCE AND BACKGROUND: Mills Fleet F arm has submitted an application for a request to rezone a parcel on the north side of Chelsea Road East from I-lA, Light Industrial, to B-3, Highway Business. The applicant is also requesting a Comprehensive Plan Amendment to change the land use guide plan from Industrial to Commercial. The subject is 2.38 acres in size. The above applications are requested to accommodate a 4,378 square foot convenience store, a motor fuel station, and a car wash approximately 4,750 square feet in area. A request is also being considered as part of a separate application to rezone a 33.66 acre parcel directly south of the subject site from I-IA to B-4, Regional Business. This request is to accommodate a Mills Fleet Farm retail building. The subject application is for the Comprehensive Plan Amendment and Rezoning on the north side of Chelsea Road only. If the City recommends approval of the request, other land use approvals would be required. To accommodate the use the applicant shall also be required to obtain a Conditional Use Permit for the Motor Fuel Station/Convenience store, a Conditional Use Permit for the Car Wash, a Conditional Use Permit for a Comprehensive Sign Plan, and Preliminary Plat approval. All additional approvals must be processed as separate applications and evaluated on their own merit. Comprehensive Plan. The subject site is currently guided for industrial land use in the Comprehensive Plan, which was adopted in 1996. The policies ofthe Comprehensive Plan regarding Economic Development are as follows: . The purpose of the City's economic development activities is to broaden the City's tax base. . Monticello will target high quality businesses for its economic development programs. In specific reference to the subject site, the Development framework portion of the Comprehensive Plan states that "industrial areas in the southeast will infill, with a continued focus on higher quality light industry near the school campus and with exposure to the interstate." A Comprehensive Plan update is currently underway. The Comprehensive Plan Task City Council Agenda- 06/25/2007 Force has considered the issues of a potential land use change in the subject area. The Task Force has been general supportive of commercial land uses on the north side of Chelsea Road, though no official consensus has been formed. According to the current Comprehensive Plan, the City has 199 acres ofI-l (light industrial) zoned land, comprising 5.7 percent of the total area of the City. A more recent calculation performed by City Staff found that the City currently has approximately 135.5 total acres of industrial land (1-1,1-2, and I-IA) available. Specifically within the Monticello Commerce Center, 67.5 acres of industrial zoned are available. The current Comprehensive Plan also states that, at the time of adoption, 307 acres of B-3 zoned land was available in the City. Traffic. Based on information provided in the Trip Generation Manual produced by the Institute of Traffic Engineers, the proposed convenience store/motor fuel station use will produce an average of3,702 trips per day on weekdays and 5,758 trips on weekends. The proposed automatic car wash is expected to produce an average of 67 trips per day on weekdays and weekends. All development related traffic will access Chelsea Road to enter and exit the site. The existing corridor is a two-lane facility. However, Chelsea Road is planned for reconstruction in 2007 from Fallon Avenue to CSAH 18 as a three-lane facility. Chelsea Road is currently a local street, but is planned as a major collector with reconstruction. It currently carries an estimated 3,650 vehicles per day. The future analysis of Chelsea Road estimates that the proposed convenience store and accessory uses will generate 3,769 trips each weekday and 5,825 trips each weekend day. The amount of traffic expected to be generated by the site can be accommodated by Chelsea Road. History. In the past, the City has rezoned properly from industrial land use designations to commercial land use designations on numerous occasions. Examples of such rezoning include rezoning of the 74 Hoglund property from 1-2, Heavy Industrial to B-4, Regional Business and PS, Public/Semi-Public and rezoning the 30 acre Monticello Marketplace site from I-IA, Light Industrial to B-4, Regional Business. ANALYSIS In the following sections, information relating to both support of the re-designation to commercial and support of maintaining the current industrial designation are discussed. A. The following is a summary of factors that support this request for rezoning to commercial as an appropriate use for the site. These issues are intended to serve as a guide for the City in evaluating the requests. 1. Location of industrial with current transportation facilities and development pattern. The site is located south ofI-94, and west ofCSAH 18. Due to the construction of the CSAH 18 interchange, the nature of the Chelsea Road area is shifting to a high traffic area which is easily accessible from Interstate 94. This interchange was not in place at the time the Monticello Commerce Center industrial park was developed, or at the time the current Comprehensive Plan was adopted. The interchange has encouraged commercial development on the north side of City Council Agenda- 06/25/2007 Interstate 94, including the Union Crossings Development, which contains Target and Home Depot. In that regard, staff believes it is important for the City to consider what land use designation would have been deemed the highest and best use of the land had the interchange been present prior to development. The subject site, as well as the remaining vacant land on the north side of Chelsea Road, provides direct freeway exposure and accessibility. The City has a limited amount ofland abutting Interstate 94 available, and should carefully consider what type of development they would like visible from the freeway. Commercial and industrial uses tend to have different characteristics and aesthetics. Industrial uses are more inclined to utilize outdoor storage, generate noise, and construct buildings that hold functionality as a top priority, rather than aesthetics. Commercial uses are less intense and typically more aesthetically pleasing. In that regard, the City should consider which land use designation is more appropriate for freeway exposure and access. 2. The subject site is consistent with classic commercial land use traits. The subject site is bordered by Interstate 94 to the north, vacant I-IA land within the Monticello Commerce Center to the east and south, and an I-IA use to the west. The subject site has direct freeway exposure and convenient freeway access. The interchange has encouraged commercial development on the north side of Interstate 94, including the Union Crossings Development, which contains Target and Home Depot. The subject site, as well as other vacant land on the north side of Chelsea Road, contains many similarities to the commercial development on the north side ofI-94. Due to the direct freeway exposure and access and the layout of the site, this and neighboring parcels north of Chelsea Road East are consistent with classic commercial land use traits. Without presupposing the City's intent, widely accepted planning precepts suggest that the land on the north side of Chelsea Road is characteristic of a commercial land use designation. 3. Surrounding land uses are not exclusively industrial. The site is primarily surrounded by vacant land. As stated above, the site is bordered by vacant 1- IA land to the east and south and Interstate 94 to the north. The only occupied land bordering the site is the existing KalTec industrial use to the west, zoned I-IA. Any decision to change the land use of the subject site to commercial would therefore not be a spot-zone situation. It should also be noted that the land east ofthe site on Chelsea Road, adjacent to the interchange, is zoned B-2, Limited Business. Introducing commercial zoning on the north side of Chelsea at this location may essentially encourage additional rezoning requests for the remaining vacant land to the east of the site, on the north side of Chelsea Road. B. The following is a summary of factors that support maintaining the Light Industrial land use designation on the site. Again, these issues are intended to serve as a guide the City in determining whether the requested commercial land use designation is appropriate or inappropriate for the site. 1. An increase in traffic on Chelsea Road generated by a commercial use. City Council Agenda- 06/25/2007 As indicated above, the number of trips per day has been estimated for the potential commercial user on the subject 2.38 acre site. The proposed convenience store user, along with accessory uses, is expected to generate 3,769 trips each weekday and 5,825 trips each weekend day. If the site were to remain industrial, the expected trip generation is 124 trips on weekdays and 16 trips per day on weekends. Due to the size ofthe site, the traffic generated by either a light industrial user or a commercial user would be minimal. A commercial user would increase the amount of traffic generated from the site by 3,645 trips on weekdays and 5,809 trips on weekends. However, Chelsea Road is designed to support traffic of either level. 2. Conflicting traffic patterns between retail commercial users and industrial users. Commonly held planning precepts recognize a conflict between commercial retail traffic and industrial, or truck, traffic. Mixing industrial truck traffic and retail traffic creates conflicts for both. Retail traffic may impede truck traffic due to the nature of turning movements, time and distance necessary for acceleration, and the general number of retail vehicles expected on Chelsea Road each day. Likewise, wide turning movements and slow acceleration of industrial truck traffic may hinder retail traffic. B. ALTERNATIVE ACTIONS The Planning Commission recommended approval of the request for comprehensive plan amendment and rezoning for the north side parcel. Regarding the request for a Comprehensive Plan Amendment and Rezoning of a 2.38 acre parcel on the north side of Chelsea Road East, the City has the following options: 1. Motion to deny the request for a Comprehensive Plan Amendment and Rezoning from I-IA to B-3 based on the findings for denial included as Exhibit W of the June 25th, 2007 City Council report.. 2. Motion to approve the request for a Comprehensive Plan Amendment and Rezoning to accommodate Mills Fleet Farm motor fuel station and accessory uses, based on the findings for denial included as Exhibit V of the June 25th, 2007 City Council report. 3. Motion to recommend approval of the request for a Comprehensive Plan Amendment and Rezoning from I-lA to PUD, based on a finding that the proposed land use is compatible with the adjacent industrial land use designation, and will not have a detrimental affect on surrounding properties. Staff also offers the option of rezoning the site to PUD, Planned Unit Development, instead of the requested B-3 designation. Rezoning the property to PUD allows for commercial land uses, but can require them in a manner that minimizes negative aspects of commercial uses in the area by requiring strict performance standards. A PUD zoning designation for the 2.38 acre site would allow for a more extensive review process, allowing the City more discretion over any future development. The applicant would also be required to comply with the general PUD guidelines, which allow for flexibility in performance standards with the understanding that the development will be held to higher standards of site and building design than would ordinarily be required. City Council Agenda- 06/25/2007 The City currently allows PUD via the Conditional Use Permit process, and therefore an ordinance amendment would be required to establish a PUD district. The ordinance amendment would also allow the City to set goals and parameters for acceptable development, architectural controls, and specific uses in the PUD District. This district may be formulated to allow for certain retail commercial users, without allowing for a gas station use. C. CONCLUSION Mills Fleet Farm has submitted a request for a Comprehensive Plan Amendment and Rezoning of a 2.38 acre parcel on the north side of Chelsea Road East. The City's current long range land use plan identifies the subject site for industrial land uses. Regarding this request, staff offers the above alternative actions. If the City chooses Alternative 1, to deny the request for a Comprehensive Plan Amendment and Rezoning of a 2.38 acre parcel within the Monticello Commerce Center, this action may be supported by the following findings: 1. The subject site is currently designated for industrial land uses in the City's Comprehensive Plan. The Comprehensive Plan calls for higher quality light industry near the school campus and with exposure to the interstate. 2. The introduction of commercial land use will be detrimental to the existing industrial properties, and may affect the future value of these properties. 3. The existing industrial use is the highest and best use of the land. If the City chooses to approve the request for a Comprehensive Plan Amendment to re-designate the land from industrial to commercial, and a request for rezoning from I-IA to B-3 (or POD), this recommendation for approval may be supported with the following findings: 1. The subject site is consistent with classic commercial land use characteristics. 2. The existing surrounding land uses are not exclusively industrial. 3. The City has a limited amount ofland available with direct freeway exposure, and believes that the highest and best use ofthis land is commercial. 4. The construction of the CSAH 18 interchange has changed the nature of the area, adding freeway access and higher traffic volumes. With that in mind, the City believes the highest and best use of the land is commercial. 5. The increased traffic on Chelsea Road will not have a detrimental effect on existing properties. D. SUPPORTING DATA Exhibits A-U of the previous item are also applicable to this report. Additionally, the following items are specifically applicable to this request. City Council Agenda- 06/25/2007 Exhibit V: Exhibit W: Findings of Fact for Approval- North Chelsea Findings of Fact for Denial- North Chelsea MEMO FROM THE CITY ADMINISTRATOR - JUNE 21't, 2007 The City Planner has done a good job of laying out the various criteria to be used in examining whether or not the site should be rezoned to accommodate Fleet Fann. There are adequate findings to support a decision in either direction. Although there is a divide among City staff, the Planning Commission, and the community in opinion regarding this site, the overall community appears unanimous in its expressed desire to have Fleet Fann in Monticello. Why is there such strong support for having Fleet Fann in the community? . Tax base. Over a fifteen year time period, Fleet Fann will generate over $8,000,000 in tax revenue to the City. These funds are crucial in light of the following financial considerations. o $650,000 drop in tax in tax revenue per year is expected due to reduction in value ofXcel properties. This amounts to a $9,750,000 reduction in taxes paid to the City over 15 years. o Public Facilities Financing. Investments in important facilities will be needed in the near future. . Bio-solids Facility: $8.5 Million . Public Works Facility: ? Million. . Fire Department Relocation: ? Million . YMCA as Public Park: ? Million o Market Conditions: The decrease in residential housing starts had caused a greater dependence on commercial and industrial development to pay debt on existing infrastructure. o YMCA Property Acquisition: A portion of the cost of this project will likely be drawn from general fund dollars. o Development of Bio-Science Park. A growing tax base gives the City a better chance in affording costs associated with development of a Bio- Science Park featuring high end jobs. o No TIF: This results in tax revenue benefits to both the School District and County. . Jobs-Retail. Fleet Fann is a family-owned business that provides living wages and full benefits for full time employees. It provides summer work and second income opportunities as well. . Jobs. Bioscience Park. As noted above, the tax revenue resulting from burgeoning commercial development can help support financial investments in facilities necessary to support development of a bioscience park. Such investments could include extension of utilities and purchase ofland for development. I I . Regional Draw. A Fleet Farm will dra}v shoppers to Monticello from areas beyond its current market, thus contrib~ting greatly to making Monticello a regional shopping hub. Additional ret 'lers are more likely to select Monticello as their next place for expansion, thus p oviding more shopping opportunities locally and a larger tax base for fundin projects noted above. , . Transportation. A transportation systmn is in place necessary to accommodate Fleet Farm that will result in the City taking economic advantage of one of its greatest assets which is its geographic location and freeway access. . Company History. Large, long standi1j.g and caring family owned business with a track record of positive contributions the communities in which they are located. It is clear that there are benefits of having a Fleet Farm in Monticello. Staff has been told that neighboring communities have been attempting to get Fleet Farm's attention for years. With regards to the specific request for a comp ,plan amendment to accommodate Fleet Farm there is risk associated with locating a commercial use next to existing industrial users. Those risks have been detailed within the staff report and in the detailed accounts of public testimony. Fleet Farm and the underlying property owner have made a request for this amendment to the Comprehensive Plan so that a Fleet F arm can be located in Monticello. It is not known if another site in Monticello would be s~lected in the event the City rejects the request. It is up to the City Council to weigh t1(e risk and make a decision accordingly. I ~j NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com PLANNING REPORT TO: Monticello Mayor and City Council FROM: Kimberly Holien DATE: June 20, 2007 RE: Findings of Fact- Mills Fleet Farm Rezoning and Comprehensive Plan Amendment NAC FILE: 191.07-07.23 FINDINGS OF FACT APPROVAL OF A REQUEST FOR REZONING OF A 2.38 ACRE PARCEL ON THE NORTH SIDE OF CHELSEA ROAD EAST FROM I-lA TO B-3 AND A COMPREHENSIVE PLAN AMENDMENT 1. The subject site is consistent with classic commercial land use characteristics. 2. The existing surrounding land uses are not exclusively industrial. 3. The requested action would not result in spot zoning. 4. The highest and best use of the land is commercial, as the City has a limited amount of land available with direct freeway exposure. 5. The highest and best use of the land is commercial due to the fact that the construction of the CSAH 18 interchange has changed the nature of the area, adding freeway access and higher traffic volumes. 6. The increased traffic on Chelsea Road will not have a detrimental effect on existing properties. 7. The request will not cause land in the area in which it is proposed to depreciate. 1 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763,231.2561 planners@nacplanning.com PLANNING REPORT TO: Monticel1o Mayor and City Council FROM: Kimberly Holien DATE: June 20, 2007 RE: Findings of Fact- Mills Fleet Farm Rezoning and Comprehensive Plan Amendment NAC FILE: 191.07-07.23 FINDINGS OF FACT DENIAL OF A REQUEST FOR REZONING OF A 2.38 ACRE PARCEL ON THE NORTH SIDE OF CHELSEA ROAD EAST FROM I-lA TO B-3 AND A COMPREHENSIVE PLAN AMENDMENT 1. The subject site is currently designated for industrial land uses in the City's Comprehensive Plan, 2. The Comprehensive Plan calls for higher quality light industry near the school campus and with exposure to the interstate. 3. The introduction of commercial land use will be detrimental to the existing industrial properties, and may affect the future value of these properties. 4. The existing industrial use is the highest and best use of the land, 1 ... . Figure 3. 2006 Aerial Photograph . Mills Fleet Farm EAW ,.,"''''' Monticello, MN f!.egend to Mills Fleet F;mn eAW o 250 500 ,Feet , .. W$ftS " ,< ."."..'''''~^' That part of lots 11, 18 and 19 Auditors Subdivision No. One lying East of Monticello Commerce Center First Addition, Monticello Commerce Center Third Addition and Monticello Commerce Center Fifth Addition and lying West of Monticello Commerce Center Sixth Addition being part of the Northeast Quarter of Section 13, Township 121, Range 25, Wright County, Minnesota which lies southwesterly of the following described line: Commencing at the northwest corner of said Northwest Quarter; thence on an assumed bearing of South 1 degree 14 minutes 38 seconds West along the West line of said Northwest Quarter, a distance of 708.88 feet to the point of beginning of the line to be described; thence South 63 degrees 32 minutes 35 seconds East, a distance of 4016.29 feet and there terminating. / / // / ,/'/ / / NARRATIVE - Chelsea Road Development l Mills Properties Inc. has a purchase agreement with Monticello Industrial Park Inc. to purchase approximately 33 acres described as follows: Although zoned industrial (1-1 A), Mills Properties Inc. requests that it be rezoned to Regional Business District (B-4) so they can construct a Mills Fleet Farm retail facility with a convenience store! fuel station and an automatic car wash facility. A change in the comprehensive plan from industrial (I) to commercial (e) is also required as part of the City ordinances. The retail facility would be approximately 235.500 sf in size. it would house the retail floor, the accompanying warehouse and receiving, and the automotive repair. In addition, there would be an enclosed yard area that is screened from the neighbors that is set up to display gardening materials and supplies, yard goods, farm supplies, and overstock of items that can be stored outside. The loading docks and waste receptacles would also be in this area away from the general public eye. Hours of operation are typically 8:00 am to 9:00 pm. The convenience store and fuel station is planned to be about 4.200 sf with 23 fueling points, including all grades of fuel, diesel fuel and kerosene. Hours of operation are typically 6:00 am to 10:00 pm A multi-bay car wash is also proposed. It is automatic with no attendants present at the site except those responsible through the convenience store. There are 4 bays planned with 2 being for touch less washes and 2 being brush or soft-gloss washes. Hours of operation are typically 24 hours per day. May 7, 2007 Angela Schumann Community Development Coordinator City of Monticello 505 Walnut Street, Suite 1 Monticello, MN 55362-8831 RECEIVED MAP 0 . Re: Mills Properties Inc. Mills Fleet Farm - Monticelio, MN WSN 011560070.000 Applications Dear Ms. Schumann: Enclosed please find our submittal for the above referenced project. Included are the application form, a check in the amount of $500.00, four (4) copies (via UPS overnight) of the preliminary plat, site plans, utility plans, floor plans for all buildings, elevations for all buildings and typical signage. We are also enclosing storm water runoff calculations to the existing ponds. The number of copies is based on our discussion with Mr. O'Neill but should you require or desire more, please advise. Under separate cover, we will be providing the landscape plan you advised was missing. We understand that the zoning for the parcels will not be considered until June 5, 2007, and if not approved, this application and these documents will not be acted upon. Also, even though we do not intend to begin construction at this time, our purpose of this submittal is to gain approval of the proposed project prior to acquisition of the property. We request that you review this application and advise of approval or any required changes to gain approval in order to provide our client with sufficient comfort that the project is acceptable to the City of Monticello. In particular, we request that you advise on the following items: 1. Preliminary Plat - Please schedule for the Planning Commission meeting on June 5, 2007. 2. Rezoning from 1-1A to B-3 PUD - As we understand the ordinance, our uses will only be permitted in the 6-3 zone. Further, we understand that we will be working under a PUD since portions of the project will be on both sides of Chelsea. Purchase of the property is contingent on the proper zoning and approvals for our project. 3. Signage - Typical sign age has been provided on sheet architectural sheet 11. 4. Site Plans - This would include layout, grading, drainage and utilities. These are not intended to be complete construction documents. I am sure you understand the desire to provide the necessary documents for approval but as little as possible prior to purchase of the property. Please review the documents as outlined above. The landscape plan will be submitted to you prior to May 15, 2007 as requested. 5. Conditional Use Permit - The application includes applying for the PUD conditional use permits. Our understanding is that your approval of our plan will ultimately constitute a PUD for this specific project that will Include all uses proposed at the site. M:\0115B0070-Monticel1o\0115B0070.000-New Store\CorrespondencelPermits\Zoning Change\5-5-07 Submittal\Submittal Letter 5-7.2007.doc 7804 Industrial Park Road _ PO Box 2720 . Baxter, MN 56425-2720 . TEl: 21 8.829.5117 . FAX. 21 B.829.2517 . WE90: www.wsn-mn.com ENGINEERING ARCHITECTURE lAND SURVEYING ENVIRONMENTAL SERVICES 1. Traffic - We are still waiting for the final EAW being prepared by WSB & Associates for traffic impact in the area. From the EAW, the need for turn lanes will be determined along with locations, lengths and ratio of tapers. 2. Storm Water - No pond calculations have been provided. There are two regional ponds on site. Allowed volumes were provided by WSB & Associates. The storm water calculations provided only include volumes routed to each pond. No dead or live storage calculations have been provided. 3. Convenience Store - There was some discussion about routing the storm water across the street into the existing pond as an environmental control due to the fuel station and the possibility of a spill. We have discussed this with the owner and we are amenable to that if you deem it necessary. We will increase the size of the pond as necessary to accommodate the increased requirement. Angela Schumann May 7, 2007 Page 2 We have addressed the requirements as identified in the City of Monticello "Plan Requirements and Design Guidelines" for the Preliminary Plat, Site Plan, Grading Plan and Utility Plan. The following exceptions to that are noted: We request that you make an initial review to determine compliance with your submittal requirements. 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C1:l (j'l ~ (j'l Ul lDiiln .sZm "i!Z '-m ~ ~ :;u o _ ':'0'0 - .., z c c C/) ~(") )>0;:0 ,S:m ':::"tI)> ~)>, ~~m <-IC/) ,^ - -I v, < )> (")m-l O)>m s:z-l s:)>~ m'm ;:O-<C/) (")~ -C/) )> , ..-. lJJ I .jlo. ...... JOBS AND PAYROLL Of the seven industrial properties identified on the Real Estate Taxes Comparative Analysis, five of the businesses responded to the questions on average wage-level paid without benefits and number of full-time employees. THOSE FIVE INDUSTRIAL BUSINESSES EMPLOY A TOTAL OF 311 PEOPLE FOR A TOTAL ANNUAL PAYROLL OF $17,572,606. INDUSTRIAL BUSINESSES PURCHASE EXTRA LAND FOR THE PURPOSE OF FUTURE EXPANSION RESULTING IN ADDITIONAL EMPLOYEES AND INCREASED PAYROLL AND PROPERTY TAXES. ASSUMPTION: IF AN COMMERCIAL USER EMPLOYS 150 FULL-TIME PEOPLE AT AN AVERAGE WAGE OF $12.00 PER HOUR WITHOUT BENEFITS, THE TOTAL ANNUAL PAYROLL WOULD BE $3,744,000. CHAPTER 13 "B-3" HIGHWAY BUSINESS DISTRICT SECTION: 13-1: Purpose 13-2: Permitted Uses 13-3: Permitted Accessory Uses 13-4: Conditional Uses 13-5: Interim Uses 13-1: PURPOSE: The purpose of the "B-3," highway business, district is to provide for and limit the establishment of motor vehicle oriented or dependent commercial and service activities. 13-2: PERMITTED USES: The following are permitted uses in a "B-3" district: [A] All permitted uses as allowed in a B-1 and B-2 district. [B] Auto accessory store. [C] Commercial recreational uses. [D] Motels, motor motels, and hotels provided that the lot area contains not less than five hundred (500) square feet oflot area per unit. [E] Restaurants, cafes, tea rooms, taverns, and off-sale liquor, provided that the use is not located within 300 ft of a residential zone. (#258, 09/26/94) [F] Private clubs or lodges serving food and beverages with use being restricted to members and their guests. Adequate dining room, kitchen, and bar space must be provided according to standards imposed upon similar unrestricted customer operations. The serving of alcoholic beverages to members and their guests shall be allowed, providing that such service is in compliance with applicable federal, state, and municipal regulations. Offices of such use shall be limited to no more than twenty (20) percent of the gross floor area of the building. [G] Taxi terminals, stand, and offices. [H] Small printing or publishing business employing six (6) or less persons. MONTICELLO ZONING ORDINANCE 13/1 13-3: PERMITTED ACCESSORY USES: The following are permitted accessory uses in a "B-3" district: [A] AIl permitted accessory uses as aIlowed in a "B-2," limited business, district. [B] Adult Use/Accessory (#217,01/13/92) 13-4: CONDITIONAL USES: The following are conditional uses in a "B-3" district: (Requires a conditional use permit based upon procedures set forth in and regulated by Chapter 22 of this ordinance.) [A] Drive-in and convenience food establishments provided that: I. The architectural appearance and ti.mctional plan ofthe building and site shaIl not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance oflot. 2. At the boundaries of a residential district, a strip of not less than five (5) feet shaIl be landscaped and screened in compliance with Chapter 3, Section 2 [G], of this ordinance. 3. Each light standard island and all islands in the parking lot landscaped or covered. 4. Parking areas shaIl be screened from view of abutting residential districts in compliance with Chapter 3, Section 2 [G], of this ordinance. 5. Parking areas and driveways shall be curbed with continuous curb not less than six (6) inches high above the parking lot or driveway grade. 6. Vehicular access points shall be limited, shaIl create a minimum of conflict with through traffic movements, shall comply with Chapter 3, Section 5, of this ordinance, and shaIl be subject to the approval of the City Engineer. 7. All lighting shall be hooded and so directed that the light source is not visible from the public right-of-way or from an abutting residence and shall be in compliance with Chapter 3, Section 2 [H]. of this ordinance. 8. The entire area shall have a drainage system which is subject to the approval of the City Engineer. 9. The entire area other than that occupied by buildings or structure or plantings shall be surfaced with a material which will control dust and drainage and which is subject to the approval of the City Engineer. 10. All signing and informational or visual communication devices shall be in compliance with Chapter 3, Section 9, of this ordinance. MONTICELLO ZONING ORDINANCE 13/2 MONTICELLO ZONING ORDINANCE 13/3 ] I. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. [B] CARWASHES (DRIVE THROUGH, MECHANICAL, AND SELF- SERVICE) PROVIDED THAT: I. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. 2. Magazining or stacking space is constructed to accommodate that number of vehicles which can be washed during a maximum thirty (30) minute period and shall be subject to the approval of the City Engineer. 3. At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Chapter 3, Section 2 [G], of this ordinance. 4. Each light standard island and all islands in the parking lot landscaped or covered. 5. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with Chapter 3, Section 2 [G], of this ordinance. 6. The entire area other than occupied by the buildings or plantings shall be surfaced with material which will control dust and drainage which is subject to the approval of the City Engineer. 7. The entire area shall have a drainage system which is subject to the approval of the City Engineer. 8. All lighting shall be hooded and so directed that the light source is not visible from the public right-of-way or from an abutting residence and shall be in compliance with Chapter 3, Section 2 [H], of this ordinance. 9. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movement and shall be subject to the approval of the City Engineer. 10. All signing and informational or visual communication devices shall be in compliance with Chapter 3, Section 9, of this ordinance. II. Provisions are made to control and reduce noise. 12. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. [C] MOTOR FUEL STATION, MOTOR FUEL STATION/CONVENIENCE STORE, AUTO REPAIR-MINOR, AND TIRE AND BATTERY STORES AND SERVICE PROVIDED THAT: I. Regardless of whether the dispensing, sale, or offering for sale of motor fuels and/or oil incidental to the conduct of the use or business, the standards and requirements imposed by this ordinance for motor fuel stations shall apply. These standards and requirements are, however, in addition to other requirements which are imposed for other uses of the property. 2. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. 3. The entire site other than that taken up by a building, structure, or plantings shall be surfaced with a material to control dust and drainage which is subject to the approval of the City Engineer. 4. A minimum lot area of twenty-two thousand five hundred (22,500) square feet and minimum lot dimensions of one hundred fifty (150) feet by one hundred thirty (130) feet. 5. A drainage system subject to the approval of the City Engineer shall be installed. 6. A curb not less than six (6) inches above grade shall separate the public sidewalk from motor vehicle service areas. 7. The lighting shall be accomplished in such a way as to have no direct source oflight visible from adjacent land in residential use or from the public right-of-way and shall be in compliance with Chapter 3, Section 2 [H], of this ordinance. 8. Wherever fuel pumps are to be installed, pump islands shall be installed. 9. At the boundaries ofa residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Chapter 3, Section 7 [G], of this ordinance. 10. Each light standard landscaped. 11. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with Chapter 3, Section 2 [G], of this ordinance. 12. Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with Chapter 3, Section 5, of MONTICELLO ZONING ORDINANCE 13/4 this ordinance, and shall be subject to the approval of the City Engineer. 13. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Chapter 3, Section 9, of this ordinance. 14. Provisions are made to control and reduce noise. 15. No outside storage except as allowed in compliance with Chapter 13, Section 4, of this ordinance. 16. Sale of products other than those specifically mentioned in Chapter 13, Section 4, be subject to a conditional use permit and be in compliance with Chapter 13, Section 4 [F], of this ordinance. 17. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions. 18. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. [D] New and used automobile/light truck sales and display provided that: I. The minimum building size for any auto sales use shall comply with the following standards: Parcel Size Lot Coverage Percent* Minimum Building Size* Up to 2 acres More than 2 acres to 4 acres 5% 2,500 square feet 10% 10,000 square feet More than 4 acres 15% *Whichever requires the larger building. 40,000 square feet (#351,8/14/00) 2. Outside sales and display areas are fenced or screened from view of neighboring residential uses or an abutting "R" district in compliance with Chapter 3, Section 2 [G], of this ordinance. 3. All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences, and shall be in compliance with Chapter 3, Section 2 [H], of this ordinance. MONTICELLO ZONING ORDINANCE 13/5 13/6 4. The outside sales and display area shall be hard surfaced. 5. The outside sales and display area does not utilize parking spaces which are required for conformance with this ordinance. 6. Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with Chapter 3, Section 5, of this ordinance, and shall be subject to the approval of the City Engineer. 7. There is a minimum lot area of twenty-two thousand five hundred (22,500) square feet and minimum lot dimensions of one hundred fifty (150) feet by one hundred thirty (130) feet. 8. A drainage system subject to the approval of the City Engineer shall be installed. 9. All signing shall be in compliance with Chapter 3, Section 9, of this ordinance. 10. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. [E] Open and outdoor storage as a principal or accessory use provided that: 1. The area is fenced and screened from view of neighboring residential uses or if abutting an uR" district in compliance with Chapter 3, Section 2 [G], of this ordinance. 2. Storage is screened from view from the public right-of-way in compliance with Chapter 3, Section 2 [G], of this ordinance. 3. Storage area is grassed or surfaced to control dust. 4. All lighting shall be hooded and so directed that the light source shall not be visible from the right-of-way or from neighboring residences and shall be in compliance with Chapter 3, Section 2 [H], of this ordinance. 5. Does not take up parking space as required for conformity to this ordinance. 6. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. [F] Open or outdoor service, sale, and rental as a principal or accessory use and including sales in or from motorized vehicles, trailers, or wagons provided that: 1. Outside services, sales and equipment rental connected with the MONTICELLO ZONING ORDINANCE principal uses is limited to thirty (30) percent of the gross floor area of the principal use. This percentage may be increased as a condition of the conditional use permit. 2. Outside sales areas are fenced or screened from view of neighboring residential uses or abutting "R" district in compliance with Chapter 3, Section 2 [GJ, of this ordinance. 3. All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance with Chapter 3, Section 2 [HJ, of this ordinance. 4. Sales area is grassed or surfaced to control dust. 5. Does not take up parking space as required for conformity to this ordinance. 6. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. [GJ Accessory, enclosed retail, rental, or service activity other than that allowed as a permitted use or conditional use within this section provided that: 1. Such use is allowed as a permitted use in a "E-I" or "B-2" district. 2. Such use does not constitute more than thirty (30) percent of the lot area and not more than fifty (50) percent of the gross floor area of the principal use. 3. Adequate off-street parking and off-street loading in compliance with the requirements of Chapter 3, Sections 5 and 6, of this ordinance is provided. 4. All signing and informational or visual communication devices shall be in compliance with Chapter 3, Section 9, of this ordinance. 5. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. [H) Shopping Center. [I] Animal Pet Clinics. I. Annual inspection by City's health officer at owner's expense. 2. All pets must be leashed. 3. Treatment to be limited to household pets. MONTICELLO ZONING ORDINANCE 13/7 MONTICELLO ZONING ORDINANCE 13/8 [JJ Pet hospitals with the following condition: 1. No outside pens or kennctls. I 2. Annual inspection by City Health Officer at owner's expense. 3. All animals must be leashed. 4. Treatment would be limited to small domesticated animals. 5. No outside storage of carcasses. (#364,9110/01) , I , Commercial storage contained e*tirely within a building. [KJ [LJ Commercial planned unit development as regulated by Chapter 20 of this ordinance. [MJ Consignment auction sales and/or auction sales. 1. The architectural appearance and function plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. 2. At the boundaries ofresidential districts, a strip of not less than 5 feet shall be landscaped and screened in compliance with Chapter 3, Section 2 [0], of this ordInance. i 3. Any light standard islands and all islands in the parking lot shall be landscaped or covered. 4. Parking areas shall be screened from view of abutting residential districts in compliance with Chapter 3, Section 5 [OJ, of this ordinance. 5. Parking areas and driveways shall comply with Chapter 3, Section 5 [DJ. 6. Vehicular access points shall be limited, shall create a minimum of conflict through traffic movements, shall comply with Chapter 3, Section 5, of this ordinance, and shall be subject to the approval of the City Engineer. 7. All lighting shall be hooded and so directed that the light source is not visible from the public right-of-way or from an abutting residence and shall be in compliance with Chapter 3, Section 2 [HJ, of this ordinance. 8. The entire area shall have a drainage system which is subject to the approval of the City Engineer. 13. 14. 15. 16. 17. 9. i All signing and inf~rmation or visual communication devices shall be in compliance with I Chapter 3, Section 9. 10. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. 11. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions. 12. Outside sales areas are fenced or screened from view of neighboring residential uses or abutting residential districts in compliance with Chapter 3, Section 2 [GJ, of this ordinance. Outside sales connected with the principal use is limited to 30% of the gross floor area of the principal building. This percentage may be increased as a condition of the conditional use permit. Outside sales may not take up parking space as required for conformity to the ordinance requirement. No pets or livestock may be sold at this auction sales facility. Provisions must be made to control and reduce noise when adjacent to a residential zoning district. All outside storage shall be effectively screened from public view in accordance with Chapter 3, Section 2 [GJ, and limited to 10% of the gross floor area of the principal use building. [N] Outdoor go-kart tracks provided that: I. The proposed use must meet all conditions of Chapter 3, Section 4 [A]. 2. The conditional use permit will be reviewed yearly to determine whether or not it is compatible with neighboring properties and in conformance with conditions of the conditional use. 3. A solid wood, six-foot high fence must be part of the screening required when the adjacent property is residential. 4. For dust and noise (70DB at residential property line) must be controlled at all times to the satisfaction of the City. 5. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. [0] Day-care centers provided that: MONTICELLO ZONING ORDINANCE 13/9 MONTICELLO ZONING ORDINANCE 13110 I. No overnight facilities art provided for children served and that said children are delivered and removed daily. 2. An outdoor recreational fucility shall be appropriately separated from the parking lot and driving areas by a wood fence not less than 4 feet in height or Council approved substitute, and shall be located continuous to the day-care facility, and shall not be located in any yard abutting a major thoroughfare, and shall not have an impervious surface for more than one-half of the playground area, and shall extend at least 60 feet from the wall of the building or to an adjacent property line, whichever is less, or shall be bound on not more than two sides by parking and driving areas. A minimum size of the outside recreational facility shall be 2,000 sq. ft., or in the alternative 75 sq. ft. per child at licensed capacity, whichever is the greater figure. 3. The regulations and conditions of the Minnesota Department of Human Services and Department of Health, Public Welfare Manual 11-31-30 as adopted, amended, and/or changed, are satisfactorily met. 4. A written indication of preliminary, pending, or final license approval from the regulatory agencies is supplied to the City of Monticello. (#152,9/22/86) [P] Auto body shop repair provided that: I. Door opening to service area garage must not face street frontage. 2. Vehicle storage area limited to 50% of floor space of the structure housing the auto body shop. 3. All vehicles being serviced and all vehicle parts must be stored inside or in vehicle storage area. 4. Vehicle storage area shall be enclosed by enclosure intended 10 screen the view of vehicles in storage from the outside. Enclosure shall consist of a six-foot high, 100% opaque fence designed to blend with the auto body shop structure and consisting of materials treated to resist discoloration. 5. The floor of the vehicle storage area shall consist of asphalt or concrete pavmg. 6. No work on vehicles or vehicle parts shall be conducted outside the confines of the auto body shop. 7. The advertising wall facing the public right-of-way shall consist of no more than 50% metal material. 8. The secondary or non-advertising wall facing a public right-of-way shall utilize a combination of colors or materials that serve to break up the monotony of a single color flat surface. 9. The development shall conform to minimum parking and landscaping requirements of the zoning ordinance. 10. No conditional use permit shall be granted for an auto body shop within 600 feet of a residential or PZM zone existing at the time the conditional use permit is granted. (#175,4/24/89) [Q] Restaurants, cafes, tea rooms, taverns, and off-sale liquor located within 300 ft of a residential zone provided that: 1. Primary access must not be through residential street(s). (#258, 9/26/94) [R] Governmental and public utility buildings and structures necessary for the health, safety, and general welfare of the community provided that: I. Conformity with the isurrounding neighborhood is maintained and required setbacks and side yard requirements are met. 2. Adequate screening from neighboring uses and landscaping is provided in accordance with Chapter 3, Section 2, of this ordinance. 3. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. (#300,12/8/97) 13-5: INTERIM USES: The following are interim uses in a "B-3" district (requires an interim use permit based upon procedures set forth in and regulated by Chapter 22 of this ordinance). [A] Trucking and Trucking Service provided that: I. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing, conforming buildings or areas as to cause impairment in property values or constitute a blighting influence within the district in which the proposed use is located. 2. Parking areas shall be screened from view of abutting residential districts in compliance with Chapter 3, Section 2, of this ordinance. 3. The entire site, other than that taken up by a building, structure, or plantings, shall be surfaced with a material to control dust and drainage, which is subject to the approval of the City Engineer. 4. The site shall meet minimum lot dimension requirements of the District. MONTICELLO ZONING ORDINANCE 13111 I 5. No outside storage except as allowed in compliance with Chapter 13, Section 4[E], of this ordinance. 6. Parking areas accessible to the public, including customers and employees shall be paved in compliance with Chapter 3, Section 5, of this ordinance. 7. No more than six thousand (6,000) square feet of the site shall be devoted to the storage, parking, and/or circulation of semi-tractors and trailers, as illustrated on a site plan submitted in connection with an application for a conditional use permit. 8. All service activities shall occur within the principal building or approved accessory buildings. 9. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. (#304,1/12/98) MONTICELLO ZONING ORDINANCE 13/12 MONTICELLO ZONING ORDINANCE 14/1 CHAPTER 14 "B-4" REGIONAL BUSlNESS DlSTRlCT SECTION: 14-1: Purpose 14-2: Permitted Uses 14-3: Permitted Accessory Uses 14-4: Conditional Uses 14-1: PURPOSE: The purpose ofthe "B-4," regional business, district is to provide for the establishment of commercial and service activities which draw from and serve customers from the entire community or region. 14-2: PERMITTED USES: The following are permitted uses in a "B-4" district: [A] All permitted uses as allowed in a "B-1", "B-2", and "B-3" district. [B] Antique or gift shop. [C] Amusement places (such as dance halls or roller rinks). [D] Auto accessory stores. [E] Enclosed boat and marine sales. [F] Books, office supplies, or stationery stores. [G] Bowling alleys. [H] Carpet, rugs, and tile. [1] Coin and philatelic stores. [J] Copy service but not including press or newspaper. [K] Costume, clothes rental. [L] Department and discount stores. [M] Dry cleaning, including plant accessory thereto, pressing, and repairs. [N] Dry goods store. [0] Electrical appliance stores, including incidental repair and assembly but not fabricating or manufacturing. [P] Employment agencies. [Q] Finance companies. [R] Furniture stores. [U] Haberdasheries and ladies ready-to-wear. [V] Insurance sales, claims and branch offices. [W] Jewelry stores and watch repair. [X] Leather goods and luggage stores. [Y] Record - music shops. [Z] Restaurants, tea rooms, cafes, taverns, and off-sales liquor stores. [AA] Sewing machine sales and service. [BB] Shoe stores. [CC] Tailor shops. [DD] Theatres not of the outdoor drive-in type. [EE] Toy stores. [FF] Travel bureaus, transportation ticket offices. [GG] Variety stores, 5 & 10 stores, and stores of similar nature. [HH] Wearing apparel. [II] Government and public utility buildings. [JJ] Mortuaries [KK] Body Piercing Establishments [LL] Tattoo Parlors (#286,2/10/97)(#330,9/13/99) 14-3: PERMITTED ACCESSORY USES: The following are permitted accessory uses in a "B-4" district: [A] All permitted accessory uses in a "B-3" district. 14-4: CONDITIONAL USES: The following are conditional uses in a "B-4" district: (Requires a conditional use permit based upon procedures set forth in and regulated by Chapter 22 of this ordinance.) MONTICELLO ZONING ORDINANCE 14/2 MONTICELLO ZONING ORDINANCE 14/3 [A] Open and outdoor storage as an accessory use provided that: 1. The area is fenced and screened from view of neighboring residential uses or if abutting a residential district in compliance with Chapter 3, Section 2 [G], of this ordinance. 2. Storage is screened from view from the public right-of-way in compliance with Chapter 3, Section 2 [G], of this ordinance. 3. Storage area is grassed or surfaced to control dust. 4. All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance with Chapter 3, Section 2 [H], of this ordinance. 5. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. [B] Open or outdoor service, sale, and rental as a principal and accessory use and including sales in or from motorized vehicles, trailers, or wagons, provided that: 1. Outside service, sales, and equipment rental connected with the principal use is limited to thirty percent (30%) of the gross floor area of the principal use. This percentage may be increased as a condition of the conditional use permit. 2. Outside sales areas are fenced or screened from view of the neighboring residential uses or an abutting residential district in compliance with Chapter 3, Section 2 [G], of this ordinance. 3. All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance with Chapter 3, Section 2 [H], of this ordinance. 4. Sales area is grassed or surfaced to control dust. 5. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. [C] Custom manufacmring, restricted production and repair limited to the following: Art, needlework, jewelry from precious metals, watches, dentures, and optical lenses, provided that: 1. Such use is accessory as defined in Chapter 2, Section 2, of this ordinance to the principal use of the property. 2. Does not conflict with the character of development intended for this district. 3. The provisions of Chapter 22 ofthis ordinance are considered satisfactorily met. [D] Motor fuel station, auto repair-minor, and tire and battery stores and service, provided that: I. Regardless of whether the dispensing, sale, or offering for sale of motor fuels and/or oil is incidental to the conduct of the use or business, the standards and requirements imposed by this ordinance for motor fuel stations shall apply. These standards and requirements are, however, in addition to other requirements which are imposed for other uses of the property. 2. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. 3. The entire site other than that taken up by a building, structure, or plantings shall be surfaced with a material to control dust and drainage which is subject to the approval of the City Engineer. 4. A minimum lot area of twenty-two thousand five hundred (22,500) square feet and minimum lot dimensions of one hundred fifty (150) feet by one hundred thirty (130) feet. 5. A drainage system subject to the approval of the City Engineer shall be installed. 6. A curb not less than six (6) inches above grade shall separate the public sidewalk frOI\1 motor vehicle service areas. I 7. The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right-of-way and shall be in compliance with Chapter 3, Section 2 [H], of this ordinance. 8. Wherever fuel pumps are to be installed, pump islands shall be installed. 9. At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Chapter 3, Section 2 [G], of this ordinance. 10. Each light standard landscaped. MONTICELLO ZONING ORDINANCE 14/4 MONTICELLO ZONING ORDINANCE 14/5 II. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with Chapter 3, Section 2 [G], of this ordinance. 12. Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with Chapter 3, Section 5, of this ordinance, and shall be subject to the approval of the City Engineer. 13. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Chapter 3, Section 9, of this ordinance. 14. Provisions are made to control and reduce noise. 15. No outside storage except as allowed in compliance with Chapter 13, Section 4, of this ordinance. 16. Sale of products other than those specifically mentioned in Chapter 13, Section 4, be subject to a conditional use permit and be in compliance with Chapter 13, Section 4 [F], of this ordinance. 17. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions. 18. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. [E] Machinery sales. [F] Commercial planned unit development as regulated by Chapter 20 of this ordinance. [G] Boarding House, provided that: 1. The building/structure is found to be substandard and/or blighted or contributing to blight and in need of substantial rehabilitation. a. The applicant must provide an overall development concept plan. b. The applicant must demonstrate that said rehabilitation is the most feasible use alternative and that said rehabilitation is not remodeling or simple structural alterations to accommodate a change in use. 2. There shall be no less than ten (10) units nor more than 18 units, and each unit shall be of a design considered to be an efficiency apartment. 3. At least one unit sha I be on the ground floor fully accessible to handicapped persons. 4. At least 50% of the floor area on the ground floor shall be developed as complete restaurant facilities with a minimum seating capacity of two seats per dwelling unit but in no case less than 25 seats. a. Restaurant shall not be eligible for licenses regulating the sale of intoxicating liquors, non-intoxicating malt liquors, wine, or the display and consumption ofliquors. b. The restaurant shall be so equipped to provide food service to the dwelling units if required. 5. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. 6. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifYing the conditions. (#138,7/23/84) MONTICELLO ZONING ORDINANCE 14/6 SECTION: 15A-l: 15A-2: 15A-3: 15A-4: 15A-5: 15A-l: 15A-2: CHAPfER 15A "l-IA" LIGHT INDIJSTRlAL DISTRlCT I Purpose Permitted Uses Permitted Accessory Uses Conditional Uses "I-IA" Design and Site Plan Standards PURPOSE: The purpose of the I-I A, Light Industrial District is to provide for the establishment of limited light industrial business offices, limited light manufacturing, wholesale showrooms and related uses in an environment which provides a high level of amenities, including landscaping, preservation of natutal featutes, architectural controls, and other featutes. (#298,10113/97) PERMITTED USES: i I , The followimg are permitted uses in a I-IA District (#298, 10113/97) [A] Radio and television [B] Research laboratories [C] Trade school [D] Machine shops [E] Paint mixing [F] Bus terminals and maintenance garage [G] Warehouses [H] Laboratories [I] Essential Services [J] Governmental and public utility buildings [K] Manufacturing, compounding, assembly, or treatment of articles or merchandise [L] Manufacture of musical instruments, novelties, and molded rubber products [M] Manufacture or assembly of electrical appliances, instruments, and devices [N] Manufacture of pottery or other similar ceramic products using only previously pulverized clay and kilns fired only by electricity or natural gas [0] Manufactute and repair of electrical signs, advertising structute, light sheet metal products, including heating and ventilation equipment [P] Blacksmith, welding, or other metal shop [Q] Laundries, carpet, and rug cleaning [R] Bottling establishments [S] Building material sales and storage [T] Broadcasting antennae, television, and radio [U] Camera and photographic supplies manufacturing [V] Cartage and express facilities [W] Stationery, bookbinding, and other types of manufacturing of paper and related products but not processing of raw materials for paper production MONTICELLO ZONING ORDINANCE 15AIl MONTICELLO ZONING ORDINANCE 15A/2 [X] Dry cleaning establishments and laundries [Y] Electric light or power generating stations, electrical and electronic products manufacture, electrical service shops [Z] Engraving, printing, and publishing [AA] Jewelry manufacturing [BB] Medical, dental, and optical laboratories [CC] Storage or warehousing [DO] Wholesale business and office establishments [EE] Commercial/professional offices [FF] Wholesale showrooms [GG] Conference centers [HH] Commercial printing establishments 15A-3: PERMITTED ACCESSORY USES: The following are permitted accessory uses in a "I-IA" District: (#298,10/13/97) [A] Commercial or business buildings and structures for a use accessory to the principal use but such use shall not exceed thirty (30) percent of the gross floor space of the principal use: 1. The parking requirements of Chapter 3, Section 5, are complied with in full. 15A-4: 2. The off-street loading requirements of Chapter 3, Section 6, are complied with in full. CONDITIONAL USES: The followin~ are conditional uses in a "I-IA" District: (Requires a conditional use permit based upon procedures set forth in and regulated by Chapter 22 of this ordinance.) (#298, 10/13/97) [A] Open and outdoor storage as an accessory use provided that: 1. The area is fenced and screened from view of neighboring residential uses or, if abutting a residential district, in compliance with Chapter 3, Section 2 [G], of this ordinance. 2. Storage is screened from view from the public right-of-way in compliance with Chapter 3, Section 2 [G], of this ordinance. 3. Storage area is grassed or surfaced to control dust. 4. All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance with Chapter 3, Section 2 [H], of this ordinance. 5. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. [B] Industrial planned unit development as regulated by Chapter 20 of this ordinance. [C] Indoor limited retail sales accessory to office/manufacturing uses provided that: 1. Location: (a) All sales are conducted in a clearly defined area of the principal building reserved exclusively for retail sales. Said sales area must be physically segregated from other principal activities in the building. (b) The retail sales area must be located on the ground floor of the principal building. 2. Sales Area. The retail sales activity shall not occupy more than fifteen (15) percent of the gross floor area of the building. 3. Access. The building where such use is located is one having direct access to a collector or arterial level street without the necessity of using residential streets. 4. Hours. Hours of operation are limited to 8:00 a.m. to 9:00 p.m. The provisions of this section are considered and satisfactorily met. 15A-5: "1-IA" DESIGN AND SITE PLAN STANDARDS: The following minimum requirements shall be observed in the "I-IA" District subject to additional requirements, exceptions, and modifications set forth in this chapter: (#298,10/13/97) [A] Lot Coverage. There shall be no minimum or maximum lot coverage requirements in this district; (#298, 10/13/97) [B] Building Type and Construction and Roof Slope I. Any exposed metal or fiberglass finish on all buildings shall be limited to no more than fifty (50) percent of anyone wall if it is coordinated into the architectural design. Any metal finish utilized in the building shall be aluminum of twenty-six (26) gauge steel, the roof slope shall be limited to a maximum of one (I) in twelve (12) slope. 2. In the "I-IA" District, all buildings constructed of curtain wall panels of finished steel, aluminum, or fiberglass shall be required to be faced with brick, wood, stone, architectural concrete case in place or pre-case panels on all wall surfaces. (#298,10/13/97) [C] Parking. Detailed parking plans in compliance with Chapter 3, Section 5, shall be submitted for City review and approved before a building permit may be obtained. MONTICELLO ZONING ORDINANCE 15A13 (#298, 10/13/97) [D] Loading. A detailed off-street loading plan, including berths, area, and access shall be submitted to the City in conformance with the provisions of Chapter 3, Section 6, for review and approval prior to issuance of a building permit. [E] Landscaping. A detailed landscaping plan in conformance with Chapter 3, Section 2 [G], shall be submitted to the Council and approved before a building permit may be obtained. In addition to the requirements of Chapter 3, Section 2 [G], all parcels developed along the boundary between the I-I A zone and a residential zone shall include planting of evergreens as a screen between I-IA and R-I uses. The evergreens planted shall be planted every IS feet along the property boundary. [F] Usable Open Space. Every effort shall be made to preserve natural ponding areas and features ofthe land to create passive open space. [G] Signage. A comprehensive sign plan must be submitted in conformance with Chapter 3, Section 9. Lot Requirements: Lot Area - Lot Width - 30,000 sq ft 100 feet Setbacks: Front Yard- Side Yard- Rear Yard - 50 feet 30 feet 40 feet (#221,2/24/92) MONTICELLO ZONING ORDINANCE 15A/4 c~ INDUSTRIAL DEVELOPMENT COMMITTEE MONTICELLO, MINNESOTA April J, 2007 IDC Mission Statement "To increase the industrial ta:< base, to create jobs at liveable wage-levels, and to maintain a favorable and desirable industrial environment in the City of Monticello." Dear Planning Commissioners Rod Dragslen, William Spartz, Lloyd Hilgart, Barry Voight, and Charlotte Gabler: Since the Planning Commission is comprised of some new members, please allow me to give a little history of the Monticello Industrial Development Committee (IDC). The IDC was established in the 1970's by the City of Monticello and Chamber of Commerce. It's mission was to increase the tax base of the City of Monticello. In the 1980's, the IDC spearheaded the efforts designating the City of Monticello as one of the first Star Cities in the State of Minnesota and expanded its mission statement to include business retention and expansion. Also in the 1980's, the City hired it's first Economic Development Director and in later years, the creation of jobs at liveable wage-levels became a priority. Currently, fourteen business and civic leaders sit on the IDC and meet monthly along with Mayor Herbst and Council Member Mayer. With an application request to amend the Comprehensive Plan and to re-zone approximately 33-acres ofland south of Chelsea Road from Light Industrial (I-lA) to Regional Business (B-4), the IDC discussed the impact of a regional retail district in an established and zoned industrial district. It must be understood. the IDC supports and welcomes a Mill s Fleet Farm to the City of Monticello. The IDC does not endorse the specific site selected along Chelsea Road. At the IDC meeting of April 3, 2007, the members approved the following motion: The IDC recommends the entire existing industrial-zoned land on the south side of Chelsea Road between Fallon Avenue and County Road 18 remain an industrial use. The IDC noted these factors: I. The existing land use of the Monticello Commerce Center is I-tA - The purpose of Light Industrial District is to provide for establishment of limited light industrial business offices, limited light manufacturing, wholesale showrooms and related uses in an environment which provides a high level of amenities, including landscaping, preservation of natural features, architectural controls, and other features. 2. The application is to re-zone 33 acres of the Monticello Commerce Center to 8-4 - The purpose of a Regional Business District is to provide for the establishment of commercial and service activities which draw from and serve customers from the entire community or region. 3. Manufacturinwindustrial businesses make site selections based on like-type businesses and compatible land uses. 4. Local manufacturing businesses such as Twin City Die Castings, Ultra Machining Company (UMC), Suburban Manufacturing, and others made long-term investments and a cormnitment to the City of Monticello. They continue to create jobs at liveable wage-levels. Each company made its site selection based on the I-IA District zone. 5. A B-4 District increases both the pedestrian-foct traffic, customer vehicle traffic, and goods/merchandise delivery traffic thereby increasing safety and security concerns of the surrounding manufacturinwindustrial businesses. 6. Due to the nature of big box retailers, will the capital investments made by manufacturing businesses be impacted? 7. The retention of the I-1A District supports the goal to create jobs at liveable wage-levels thereby generating new dollars to support the local economy (to purchase decent housing, support local businesses, and support local government services.) 8. Other commercial zoned sites are available for Mill's Fleet Farm. a) Site at Chelsea Road/CedarlEdmondson. b) Site at Chelsea Road/School Blvd. c) Site at southeast corner of I-94!County Road 18. April 3,2007 Page 2 The IDC also approved a second motion. The IDC recommends the existIng Industrial-zoned land on the north side of Chelsea Road between the proposed Fallon Avenue Bridge and County Road 18 remaIn an Industrial use. I. Should the entire area be re-zoned commercial and the existing manufacturing businesses become the minority, in some cases, the conflicts between the two land uses has resulted in forcing the manufacturing businesses out or to leave. 2. The retention of the I-IA District supports the goal to create jobs at liveable wage-levels thereby generating new dollars to support the local economy. (To purchase decent housing, support local businesses, and support local government services.) The IDC requests the Planning Commission consider their recommendation. Should you have questions, please contact me at 763-263-7625 or another member of the IDC. Respectfully, ON BEHALF OF THE INDUSTRIAL DEVELOPMENT COMMITTEE /l~dof /.J ,;I';:;//-- /v~--#/?'fJ M' e Benedetto Vice Chair c: IDC Members and File Twin City Die Castings Company 520 chelsea road monticello, minnesota 55362 (763) 271-5060' fax (763) 271-5070 April 27, 2007 Mr. Rob Dragsten, Monticello Planning Commission Chair 1226 River Street West Monticello, Minnesota, 55362 Dear Mr. Dragsten: Enclosed is a rezoning protest petition signed by the property owners along Chelsea Road. We request that you accept this petition for consideration by members of the Planning Commission. Sincerely, <.f ..'" ' pa~'~ /li~Y Human Resources Department // REZONING PROTEST Pt: u uON We, the undersigned property owners within the statutory area of notification related to the area for which a rezoning is sought, hereby file a protest to the City of Monticello against the proposed comprehensive plan amendment and rezoning of the land on both sides of Chelsea Road from Fallon Avenue to County Road 18 from Light Industrial (I-lA) to Regional Business (6-4) zoning. By combining incompatible businesses, the proposed change would negatively affect the industrial businesses already established. The negative affects include but are not limited to the following; Create high volume traffic, bring about security issues, decrease property values, and hinder future Industrial business expansion. We ask that you continue to support the plan that had been put in place to develop industrial business in Monticello by recommending the application for rezoning be denied. PROPERTY DESCRIPTION (Address and /or lot and block number) 5M ch~P/L III , 500 ?~4...,.<'d 30\ ~o<>-d ~ 3~4-0 ((1,00 ;;20 ( 'Z.I t1 D , Zo Cl.~.Js DATE Jj - :;. 1-/ -O~ 1.7'- ,;?- V-cry 4, '-'-I - 0, <-i/;;l5',Id7 tj-zs-07 L(-;lS.07 L.f-:."~- ~7 "I -u. -o? tfo j.C-o,? 4120/07 Council Members, As the President of an Industrial facility here in Monticello, I have grave concerns on the direction of "rezoning" of our industrial areas to commercial. More specifically, the future of Monticello and the town's ability to attract and retain high paying jobs for our local community and residents. The issue at hand is good paying jobs. Here at UMC, we pay very competitive wages. Our benefit package that we offer to all of our employees is very attractive. Not only do we offer medical, dental and 401k, we offer the opportunity for an individual to make a decent wage. The discussion as oflate, revolving around rezoning, is short sighted. Yes, it is impressive to see these big box stores, but at what cost to our community? If our land is not available to industry, where will the Medtronic, Boston Scientific, and other world class manufacturers go? Ask yourselves this question, whose employees are making a stronger wage - An average employee at one of these big box stores or someone at manufacturing companies like UMC? In looking at the big picture, how will this impact Monticello? An individual with a greater income has the opportunity to buy a nicer house, newer cars and trucks, and spend their money locally if they choose. The tax base would have greater opportunity with higher standards of living. Those bigger houses and increased values translate into greater revenue for the city. Greater revenue for the city means more opportunities to help a greater cross section of our people here in Monticello. Will you get that same level of revenue from someone making above minimum wage? UMC moved to Monticello in 2003. We moved here because we were lead to believe that the community was interested in maintaining a higher standard of living, by offering the opportunity to its people to work at high paying facilities. We built our building with the option of expanding an additional 40,000 square feet. All of our decisions were based on an "industry friendly" community like Monticello. If all of our land is rezoned commercial, what happens to the value created by employers like WSI, Twin City Die Castings, and UMC? Where will the next manufacturing building be built, most likely, not in Monticello. I ask for you to keep your word. Continue to be the "Industry Friendly" environment that you were in 2003. Look long term as to the opportunity for young people to stay in the community with good paying jobs. I ask that you not rezone our industrial areas to commercial. Donald 1. T omann __...... p~~;[1~ tOOl r . AlfW 03^'3J3~ Page 10f2 141'e 500 CheIaoa Road MonticeIo. MN 55362 T ....""""" (7631271-5200 Fax (7631271-5249 ULTRA MACHINING COMPANY GO,NG ..YOND OTHIl~ May 23, 2007 Respected Council Members and Planning Commission Members: With regard to the rezoning issue surrounding Fleet Farm, as a local business owner, I have a few unresolved points of discussion. If we set aside the contract, the concerns business owners have about their property values, safety, traffic, etc. we are left with questions that have not been addressed thus far. . If the zoning is changed does that automatically change my zoning? . If it does not, do I need to apply and go through the process? . How long will I be able to apply for rezoning? . If I rezone to a commercial zoning will my taxes go up? . If I do not apply right away will my taxes go up? . If I do not apply right away then can I be assured that I will be able to change at anytime? Meaning, will we be grandfathered in automatically by a future councilS, 10, 15,20 years from now and so on? Or am I left to deal with that alone in the future? . We built a new building and moved to Monticello in August of 2003. There was no disclosure of rezoning at that time. Why, as a company that would be directly impacted, were we not consulted or invited to participate in a contract discussion between the city and other land owners with regard to rezoning, and the impacts to surrounding people and our property rights? As business owners in the city of Monticello, I am requesting that we be given a chance to discuss these questions and get answers from the city before any changes to zoning or Chelsea Road reconstruction are finalized. Although the business owners are being told that the reconstruction project on Chelsea Road has nothing to do with the possible rezoning of industrial land to commercial, I would like to point out that based on the Assessment Agreement made in June 2005, it appears that there is direct correlation. On June 21, 2005, the Assessment Agreement Doc. No. A 964085 was recorded and filed. In that agreement, there are four places that address future rezoning and Chelsea Road design: Page 2 of2 Item #5e. Deferral of Assessments. If the Project and the future of Chelsea Road Project are not fully completed and finally accepted by the City by December 31, 2008, the January I, 20 II date for the end of the deferrals will be extended by one year for each year beyond 2008 that the Projects are not completed. Item #8 Convevance of Easements. Owner will convey to the City at no cost contemporaneously with the execution of this Agreement, the temporary and permanent easements relating to the future Chelsea Road Project, trail, and trunk sewer, all of which are described on Exhibit C hereto. The easements shall include the necessary consents from any mortgagee or other party having an interest in the easement area. Item #9 No Additional Assessments for Chelsea Road or Fallon Avenue. The Subject Property will not be further assessed for the projected 2006 Chelsea Road reconstruction project, the proposed future improvements to Fallon Avenue, the Fallen Avenue Overpass or the proposed traffic signal light at the intersection of C.S.A.H 18 and School Boulevard. Item #13 Chelsea Road Desil!n. City will cooperate with owner on the design of Chelsea Road in order to make sure service stubs and curb cuts are reasonably located to accommodate future development. The City's final design of the proposed improvements will be provided to Owner for its review on or before 20 days prior to the proposed bid date. At the very least, I ask that the final decision on the Chelsea Road improvements be put off until a fmal decision is made on the property being rezoned. If the property is to remain industrial, the suggestions made thus far for improvements would not be appropriate in my opinion. The fundamental purpose of the city doing a comprehensive plan is to give direction for the future so members of the community can make decisions. UMC and other businesses made plans for their future growth based on the comprehensive plan that the city had established for this area. In a way, this is an agreement between the city and members of the business community. Now the city is looking at changing the agreement and we are handcuffed by the uncertainty this has created due to unanswered questions. I am simply asking the City Council to take away this uncertainty before making a decision on the current rezoning request. Give myself and other business owners the time to sit and discuss these questions as well as other questions that are not listed. That way the answers to these questions can be honored by future city council members. Thank you, iJJ.:r;;;;.... Don Tomann President UMC 500 Chelsea Road Monticello, MN 55362 j/LJ May 24, 2007 0, -:</\,- ," :/~??x ('olll 'lviv' MONTICELLO Mr. Don Tomann UMC 500 Chelsea Road Monticello, MN 55362 Dear Mr, Tomann, Thank you for taking the time to provide valuable input regarding the Mills Fleet Farm requests. At this time, I would like to address the questions posed in your letter dated May 23"',2007. 1. If the zonin!! is chan!!ed does that automaticallv chan!!e mv zonin!!? No. The zoning requests made by Mills Properties, Inc, are for specific, legally described pieces of property. The City has received requests for rezoning on two parcels which are shown on the attached Exhibit A. If approved, a rezoning covers this area only, The requests include only that property which the landowner has consented to request for rezoning. It does not include UMC. Additionally, in regard to the comprehensive plan amendment, the request was also related to these specific parcels only, However, as part of their review, a factor the Planning Commission and City Council will consider is whether the change in land use for these parcels will impact surrounding properties, 2. If it does not. do I need to aDPlv and !!o throu!!h the process? Not unless you wish to seek a different zoning classification. A commercial zoning designation would not be applicable to your property based on the current industrial use. 3. How Ion!! will I be able to applv for rezonin!!? A property owner is able to apply for rezoning for as long as they own the property. Alternatively, if an applicant (such as Mills Properties, Inc.) chooses to apply for rezoning for a property they do not own, they must have the property owners consent to seek the rezoning. That is what has occurred in this circumstance. 4. If I rezone to a commercial zomn!! will mv taxes !!o up? That is a question for the County Assessor. The use of the building and property typically determines the classification of a property for tax purposes, However, the introduction of a commercial facility into the area may have the affect of increasing property values, and as a result, increasing taxes in the area. Monticello City Hall, 505 Walnut Street, Suite 1, Monticello, MN 55362-8831 . (763) 295-2711 . Fax (763) 295-44D4 Office of Public Works, 909 Golf Course Rd" Monticello, MN 55362. (763) 295-3170. Fax (763) 271-3272 Mr. Don Tomann May 24"', 2007 Page 2 5. If I do not apply ril!ht away will mv taxes l!0 up? As stated earlier, you do not need to apply for rezoning. Unless a formal application is made, UMC's zoning classification will remain I-I A. The land use designation as industrial will also remain industrial, unless a formal application is made to change the designation. Again, taxes are based on your building and property valuations, not necessarily on a zoning designation. 6. If I do not apply ril!ht away then can I be assured that I will be able to chanl!e at anytime? Meaninl!. will we be l!randfathered in automaticaUv bv a future CouncilS. 10. 15. 20 years from now and so on? Or am I left to deal with that alone in the future? As stated in item 3, a property owner may request rezoning at anytime. That right is governed by Minnesota State Statutes 462.357 (attached for reference). In response to "grandfathering", if the 2007 Comprehensive Plan would designate this area as commercial (which would require a 2/3 vote of the Council to change), your industrial use would be grandfathered in for as long as the facility continues to operate in its current state. Future expansions would be considered separately. 7. We built a new buildinl! in Monticello and moved to MonticeUo in AUl!ust of 2003. There was no disclosure of a rezoninl! at that time. Whv. as a companv that would be directly impacted. were we not consulted or invited to participate in a contract discussion between the City and other land owners with rel!ard to the rezoninl!. and the impacts to surroundinl! people and our property ril!hts? The current request for rezoning was made on March 1, 2007. Prior to that, no official request for rezoning was received. With regard to a neighborhood meeting on property rights, the public hearing is to serve as such a forum. Public hearings on rezoning requests are required and can only be set after the time of an application. Without a formal request for rezoning, the City cannot presume the intentions of a property owner. Only by formal request can the City hold a public hearing. It is the entire body of Monticello citizens who retain the right for a public forum at which these items are discussed. Rezoning requests and the input regarding them are not private negotiations. Although the City entered into an agreement stipulating that it may at some future point consider rezoning, no official request to rezone was made at the time the agreement was executed. Regarding the assessment agreement between the subject property owner and the City, terms of the agreement were negotiated between the City and property owner. The final agreement was presented, discussed, and approved in a public forum regarding the interchange assessments. The hearing of assessments followed the statutorily required process. Regarding your comments as related to Chelsea Road, the reconstruction of any road is related to development. In this case, the reconstruction of Chelsea Road is coinciding with the potential for development as a direct result of the CSAH 18/I-94 interchange project. Mr. Don Tomann May 24th, 2007 Page 3 Sincerely, To support the interchange project and future development in the area, Chelsea Road is being reconstructed as a fully functional urban section. This has been planned since the late 1970's. Please see the attached memo for reference. In relationship to holding off on Chelsea Road, the reconstruction is a function of future development in this area, which includes previously zoned industrial and commercial property. Regardless of whether the Mills request is approved, the reconstruction of Chelsea to an urban section would be recommended by staff. The route is a major east-west collector for the city and will need to serve as an urban section. The other items you referenced in your letter directly relate to negotiated items for assessment purposes in relationship to the interchange project. Again, the agreement was part of a public forum regarding the interchange assessments. I hope that this information serves to clarify the process for rezoning as related to this request. I certainly understand and appreciate your concerns. City staff has worked diligently to present a balanced report regarding this request. It is now in the Planning Commission and City Council's hands as part of a public process. If you have further questions related to the above, please do not hesitate to contact me. I would encourage you to attend the Tuesday, June 5th Planning Commission meeting to further address your concerns. Jeff O'Neill City Administrator c: Monticello City Council Monticello Planning Commission Ollie Koropchak, Economic Development Director Angela Schumann, Community Development Coordinator Stephen Grittman, NAC Q'~-au ~~~n& ..:.;;j YJ. AssoOates,lnc. 2021 Ease Hennepin Avenue Minneapolis. MN 55413 612-331-8660 FAX 33(-3806 o October 17, 1989 Engineers surveyors Planners Honorable Mayor and City Council City of Monticello 250 East Broadway Monticello, MN 55362 Re: Oakwood Industrial Park Street Construction Dear Mayor and Council: It was brought to my attention following the last Council Meeting on October la, 1989, that certain property owners in the Oakwood Industrial Park questioned the assessment for the bituminous overlay work done this past summer in the area. It was stated that in 1977/78 when Chelsea Road was first constructed that the original design was for a 9 ton roadway and why wasn't this accomplished back then. I beg to di ffer wi th the statement and these same remarks were di sputed by me at the time this overlay project was proposed in April of this year. Some of you may recall that in April 1977, I prepared a Feasibility Report and Estimate of Cost for Publ ic Improvement Project No. 77-1 on (Chelsea Road from County Road 117 to Fallon Avenue, and on Thomas Park Drive and also on County Road -117 to Highway 25.) This improvement consisting of sanitary sewer, watermairr, str'eet paving and storm sewer were the initial utilities to service Oakwood Industrial Park and the O.A.A. area to the south. This work was estimated at $717,000 in the afore mention Feasibil ity Report and is shown on Page 4 and Exhibits 1 through 4 of this report. The improvement called for permanent streets consisting of a 52 fnnt width paving with curb and gutter along with a storm sewer as snown in Exhibits 3 and 4. The estimated cost of this street paving and storm .sewer was $343,000 plus 20% indirect cost totalling $412,000, see Page 4 of report. The City Council at that time had no stormwater assessment pol icy other than 100% assessment against benefitting property or through advalorem taxes. Following the presentation of this report and subsequent Publ ic Hearing on Improvement 77-1, the City Council opted to delete the permanent street paving and storm sewer and just construct a gravel roadway on Chel sea Road and Thomas Park Drive. At the August 8, 1977 Council Meeting the City Council approved OSH's plans and specifications for Project 77-1 consisting of sanitary sewer, watermain and the gravel street servicing on Chelsea Road including a bituminous overlay on County Road 117 from Highway 25 to Chelsea Road. On September 8, 1977 we received bids for Project 77-1. Fourteen bids were received with Arcon Construction being awarded the contract. The bids as received contained (!j) items for street construction, grading, ditch work and restoration was in the amount of $54,400 as compared to $343,000 for street paving, curb and gutter, and storm sewer in the original Feasibility Report. The contract as let was for only gravel surfacing of Chelsea Road and Thomas Park Drive and a bituminous overlay on County Road 117. This would indicate that the City Council and property owners of the Industrial Park had no intention of constructing an urban type paved industrial roadway on Chelsea Road much less a 9 ton rated roadway. Following the award of the bid in September 1977 and based on the favorable unit prices received from Arcon Construction, the City Council asked OSH to prepare pl ans and specifications for blacktopping Chel sea Road and Thomas Park Drive as a rural roadway. On November 10, 1977 I presented the City Council with this information and recommended that the work be done as a change order to the contract based on a 7 ton design. See the typical street sections for Change Order No. 1 and my letter of November 10, 1977 included herein. Being that the City Council opted to go with a rural roadway design with ditches and no storm sewer, it was further recommended that we pursue stage road construction in this area and in the future consider urban roads as development dictates. This was agreed to by the City Council. Therefore, Chelsea Road was designed as 7 ton with a 40 foot width with 10 foot shoulders. In the future to achieve a then 9 ton design, now a 10 ton, we would place curb and gutter at the edges of the existing '40 foot width and overlay with 2 inches of blacktop to end up with a State Aid street design 44 feet wide. This was accomplished this past year except for the curb and gutter, as a rural roadway design of 10 ton with existing drainage ditches. In closing, I believe the City wisely and prudently constructed Chelsea Road 11 years ago as a 7 ton roadway util izi ng over 1/2 its useful life when development was minimal and then constructing a 10 ton roadway today when de vel opment is occurring. Likewise Dundas Road was constructed in the same manner starting in 1979. I trust this information will refresh the memories of those of us working with the City in 1977 and will also be a benefit to others on how this matter was planned and handled. . If you have any questions in this regard, please let me know. Yours very truly, ORR-SCHELEN-HAYERON ASSOCIATES, INC. (t~ P. Badalich, P.E. Engineer JPB/cmw 10/B9-74 Enclosures Q - ~ Return to: City of Monticello 505 Walnut Street #1 Monticello, MN 55313 Doc. No. A 964085 OFFICE OF THE COUNl"Y RECORDER WRIGHTCQUNTY, MINNESOTA Certified Filed and/or Recorded on 06-21-2005 at 12:32 Check #: Fee: $19.50 Payment Code 04 Addl. Fee Larry A. Unger, County Recorder ASSESSMENT AGREEMENT (SW Quadrant of I-94/CSAH 18) THIS ASSESSMENT AGREEMENT ("Agreement") is executed thi~ay of rn ~ ,2005, by and between the CITY OF MONTICELLO, a Minnesota municipal orporatlOn ("CIty") and MONTICELLO INDUSTRIAL PARK, INC., a MInnesota corporation ("Owner"). RECITALS A. Owner is the owner of certain parcels of real property situated in Wright County, Minnesota, legally described on Exhibit "A""llltacbed hmltu (refermi rollS the "Subject Property"). B. City is considering whether to order City Project No. 2004-1 C, (C.S.A.H. 18/1-94 Interchange and Related Improvements) (hereinafter "Project"). C. City and Owner desire to establish the amount that the Subject Property will be assessed for the Project. D. City will be relying on this Agreement in making its final decisions to order and proceed with the construction of the Project. NOW, THEREFORE, in consideration of the foregoing recitals, and in consideration of the mutual promises and covenants and obligations herein set forth, as follows: I. Special Benefit. Owner acknowledges that th.e Subject Property receives a special benefit from the Project. 2. Assessment Amount. The Subject Property will be assessed a total of $2,391,006.00 for the Project pursuant to Minn. Stat. 429.011, et. seq. The assessment will be deferred pursuant to Section 5 herein. The assessment is also subject to increase pursuant to 115394 1 Section 6 herein. 3. Allocation. The total assessment will be allocated to the following portions of the Subject Property as more fully described on Exhibit "A" and shown on the map attached hereto as Exhibit "B": a $738,966.00 - north of Chelsea Road (adjacent to CSAH 18); -12.1174 ACS./527,833 Sq. Ft. @ SIAO/Sq. Ft. b. $1,132,559.00 - north of Chelsea Road; -26.0000 ACS.lI,132,559 Sq. Ft. @SI.OO/Sq. Fl. c. S383,427.00 - south of Chelsea Road; -32.601 ACS.l1,420,IOO Sq. Ft. @$0.27/Sq. Ft. d. $85,269.00 - Lot 2, Block 1, Monticello Commerce Center 6th Addition; and -7.50 ACS.l315,8I1 Sq. Ft. @$0.27/Sq. Ft. e. $50,785.00 - Lot I, Block 1, Monticello Commerce Center 5'h Addition. -3.151 ACS.l137,257 Sq. Ft. @ S0.37/Sq. Ft. The square footage calculations for each portion are estimated and included for illustrative purposes. The total assessment for each portion shall be the stated total dollar amount regardless of actual square footage. 4. Assessment Adopted. The assessment is deemed adopted on the date this Agreement is signed by the parties. 115394 5. Deferral of Assessments. a. Subject to the terms of this Section and all other terms of this Agreement, the assessment will be deferred without interest until January I, 201 1 at which time the assessment will then be payable over ten (10) years, including interest commencing January I, 2011 at the rate of four percent (4%) per annum simple interest computed on the unpaid balance with the first installment collectable as part of the payable 2012 taxes. b. If the property is subdivided prior to January I, 2011, the assessment will be equitably apportioned to individual lots on a square footage basis in accordance with Minn. Stat. 9429.071, giving due consideration to any portions of the property which may be undevelopable or subject to ponding or other infrastructure requirements. In recognition of the fact that certain parts of the "Subject Property" may benefit more from the Project than others, the City will allocate a greater proportion of the assessment to certain lots as they develop upon request of Owner. 2 c. d. () As each subdivided lot is either sold or developed, whichever occurs first, the apportioned assessment for the lot will then be payable over ten (10) years, including interest commencing July I of the year the property is sold or develops, with the first installment collectable as part of the following years payable taxes (or the next year if the transaction occurs to late in year to certif'y assessments to county). A lot is "developed" when a building permit is issued. The assessments on all lots not sold or developed by January I, 2011 shall then be payable over ten (10) years, including interest at the rate offour percent (4%) simple interest computed on the unpaid balance commencing January 1, 2011, with the first installment collectable as part of payable 2011 taxes (or 2012 year if it is to late in the year to certif'y the assessment to county for 2011). If the Project and the future Chelsea Road project are not fully completed and finally accepted by the City by December 31, 2008, the January I, 2011 date for the end of the deferraIs will be extended by one year for each year beyond 2008 that the Projects are not completed. 6. Additional Assessment. Any part of the Subject Propertylocated south of Chelsea Road described in Paragraphs 3.c., 3.d., and 3.e. herein, which is rezoned for retail use at the time it develops shall pay an additional assessment for the Project of Fifty Cents ($.50) per square foot of the net acreage of the property rezoned for retail use. 7. Waiver. Owner hereby waives unconditionally all procedural and substantive objections to the Assessment in the amounts set forth herein, including, but not limited to, any rights of Owner to hearing requirements and any claim that the assessment does not constitute a special benefit or that the amount of the assessment exceeds the special benefit to the Subject Property. The Owner further waives any appeal rights otherwise available pursuant to Minnesota Statutes S 429.081 or other laws. 8. Convevance of Easements. Owner will convey to the City at no cost contemporaneously with the execution of this Agreement, the temporary and permanent easements relating to the future Chelsea Road Project, trail, and trunk sanitary sewer, all of which are described on Exhibit "C" hereto. The easements shall include the necessary consents from any mortgagee or other party having an interest in the easement area. 9. No Additional Assessments for Chelsea Road or Fallon Avenue. The Subject Property will not be further assessed for the projected 2006 Chelsea Road reconstruction project, the proposed future improvements to Fallon A venue, the Fallon Avenue Overpass or the proposed traffic signal light at the intersection of C.S.A.H. 18 and School Boulevard. 10. Relocation of Pond. The temporary storm water pond located on the north side of Chelsea Road will be relocated to the City drainage easements located west of this site. The City will release the easement for the temporary storm water pond. 11. 115394 "School Pond" Credits. The storm water ponding credits for what is known as the 3 "School Pond" will be released by Owner, and Owner waives the requirement that the School District complete the grading of the School Pond to the agreed-upon capacity. 12. Comprehensive Plan .t\m......m"'Jt and Rezonilll!:. Owner may initiate a comprehensive plan amendment and rezoning of all or a portion of the Subject Property located north of Chelsea Road to a B-4 zoning district (which includes any other future zoning district established by the City allowing equivalent uses) at any time during the term of this Agreement. The proportioned assessment will be abated for any portion of the Subject Property located north of Chelsea Road for which Owner has made such a formal application for rezoning that has not been rezoned to B-4 by the City prior to the end of the term of this Agreement. In addition to such abatement, the City will make a payment to Owner in the amount of $1 00,000.00 (or a prorata portion of the $100,000.00 based upon the portion of the Subject Property not rezoned) within thirty (30) days after the City's failure to rezone the property within the time frame set forth herein and after formal application by Owner. The assessment will also be abated on any portion of the Subject Property that during the term of this Agreement, the City rezones (after rezoning to B-4) other than at Owner's request, to a zoning designation other than B-4. 13. Chelsea Road Design. City will cooperate with Owner on the design of Chelsea Road in order to make sure service stubs and curb cuts are reasonably located to accommodate future development. The City's final design of the proposed improvements will be provided to Owner for its review on or before 20 days prior to the proposed bid date. 14. Trunk Fees. The City's per acre charges for trunk sanitary sewer, trunk water charges and trunk storm sewer will not increase during the term of this Agreement by more than two percent (2%) per year from the year 2005 rates for any portion of the Subject Property that is rezoned to B-4 or a future district allowing equivalent uses. The rates will not increase from the 2005 rates during the term of this Agreement for any portion of the Subject Property zoned Industrial. The 2005 acreage rates are $2,228.00 for trunk sanitary sewer, $1,752.00 for trunk water, $6,436.00 for trunk storm sewer (industrial) and $6,804.00 for trunk storm sewer (commercial). 15. Term of Agreement. This Agreement shall terminate on January 1, 2011. The term of the Agreement will be extended to correspond to any extension of the January I, 2011 date pursuant to Section 5.e. herein. As to any portion of the Subject Property that has not been rezoned to B-4 (or future district allowing equivalent uses) as requested by formal application by Owner, the termination date will be the earlier often (10) years from the Project and Chelsea Road completion date or the rezoning to B-4 of the Property as requested by Owner. 16. Recording. This Agreement will be recorded against the Subject Property and will run with the land and bind Owner's successors and assigns. 17. Proiect Contingency. This Agreement is contingent upon the City ordering and constructing the Project. Nothing herein obligates the City to do the Project. If Project is not ordered and constructed, Owner's obligations under this Agreement are terminated. 115394 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. By: By: By: PARK, INC. ~ By: Its: STATE OF MINNESOTA ) )ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this .;iol..!J. day of -J1Yllk~ ,2005, by Clint Herbst and by Rick Wolfsteller, respectively the Mayor and City Adml istratorofthe City of Monticello, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. :iluJt0 h\-\". -Y'\I1 Uh-!-t.'A Notary Public '..J G::Q. PAULA ANN MAsTEY ;:c) NOTARY PUBLIC. MINNESOTA :!;~ldycomm. Up. Jan. 31. 2001I 115394 5 STATE OF MINNESOTA ) )ss. COUNTY OF Vvrfj 11 t ) The foregoing instrument was acknowledged before me this;;13 day of I7lc~~ ,2005, by SH,:J......./) tv clncttld and respecti elythe ilNSt<I.",7I- and of Monticello Industrial Park, Inc., a Minnesota corporation, on behalf of said corporation. ~r) Not . Public (n<5L~ THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 651-452-5000 TMS/cjh e. KIM K. LABElLE . NOTARY PUBUC . MINNESOTA . . MyC_CIl ExpiresJan. 31.2010 IIS394 6 EXHIBIT A TO ASSESSMENT AGREEMENT That part of Lots 10, II, 17, 18 and 19 Auditors Subdivision No. One, lying East of Monticello Commerce Center Second Addition, and lying Southwesterly of the Southwesterly right of way of Interstate Highway No. 94 being part of the Northeast Quarter of Section 13, Township 121, Range 25, Wright County, Minnesota, which also lies northeasterly of the following described line: Commencing at the northwest comer of said Northwest Quarter; thence on an assumed bearing of South I degree 14 minutes 38 seconds West along the West line of said Northwest Quarter, a distance of708.88 feet to the point of beginning of the line to be descreibed; thence South 63 degrees 32 minutes 35 seconds East, a distance of4016.29 feet and there terminating. (See Survey Identifed as Exhibit "A-I ") AND ~ Cf. ~ That part of Lots II, 18 and 19 Auditors Subdivision No. One lying East of Monticello Commerce Center Second Addition, Monticello Commerce Center Third Addition and Monticello Commerce Center Fifth Addition and lying West of Monticello Commerce Center Sixth Addition being part of the Northeast Quarter of Section 13, Township 121, Range 25, Wright County, Minnesota:which lies southwesterly of the following described line: Commencing at the northwest comer of said Northwest Quarter; thence on an assumed bearing of South 1 degree 14 minutes 38 seconds West along the West line of said Northwest Quarter, a distance of708.88 feet to the point of beginning of the line to be described; thence South 63 degrees 32 minutes 35 seconds East, a distance of 4016.29 feet and there terminating. (See Survey Identified as Exhibit "A-2 ") AND LotI, Block I, Monticello Commerce Center Fifth Addition, according to the recorded plat thereof, Wright County, Minnesota. AND Lot 2, Block 1, Monticello Commerce Center Sixth Addition, according to the recorded plat thereof, Wright County, Minnesota 115]94 7 , i . r~~" . .0 !l~ ~ i df g:a ~ . aa.f ~~ ~ ~;~ ~= . [:; ii'~ ~ ~ !f[~ ~a ~ = 5' i :: 0 ~ ti_~ :< ! f !lh ~ ~t;; ; a ;i; ~ e j :ii ~ . ~~i 1 ~ 8 ~u . , " , 3';i !t . "f~ · .!l alL. i ~f! ~ !il . . ~l'! ~ g 2- . g . 1iig.i~~~&>;![; ci 3~~::l.oc:r::l~rg !!i ~~I8~::T~fii- "b =}il!l.g !.tQ"-l::+l( ~ ~.. 5'jj8-g&.a9. Ql ~ClIt:;i'~l:b'O .:. ::da,!~a9:G"g: IV S 1!;m 0 :f=......::! tt> Cfl;O:~5-lilg? td ~ 2Slll ~jp..... S-o~:l~&.:- o>sg S - ...... 6. ~ g~~1=~ g~ilIg,O<OO> ~ ~~ iai ga ~~::::o-Z:T"" Nm~=...~CO 3 '"'l\I ~ 2.,"'" s,OD.s,rn;-a. S.lfiG:!J:1.iJ g: gu ~ ~~ ~ u~~'IIt::l-(J) C)OG\<D g,.....s:e g: Q.,~tr.(,o>-. g o ....(I):t~~< goo "",9 s.E: c. Gte::l ~:To <II ~!T~ III ~::l ~jj)~~.a:;~ J!!.!!,g3 N[O Dl 0'81 ~:",'< i e. -1II::l ;o.5~ 5-ii~g.G.I~-S: ::l '83lD6 9..5 fl [[~~~ f: ;-g,1i'i.U1~:t ci::'::l~=Q, c>>'9..c>g,S-::l5:: ~~~ f~3~ fi'iSg~~~[ .:;' SgJS::l ~5' ~~:;;3"'<r" 0.111 Q III :::r0 -=. '~~3 [iia~,< ~ flIog~.~Z~ g-:tl c.p-P jj EXHIBIT "A-1" - SW ASSESSMENT AGREEMENT ~ '(.. o -~, ,.. c ...! ..... t!: .~. .-" o 502.85 g COUNIT ROAn-NO. 1 / / tile Wfl/4, S"'~ lJ 7Q8~'- -0 ~ o o . i! . We,t Jine of ~ tJ !j l;! tJ .... .,.# '1j~ lllO '1l:l 1';',... - .... ....0 l:l" n:= . 0 5~~ r' g~~ 0 :~oo t-3 1a~ !">::o UJ l!P~; gj c::: t: l:fg d ...... ., :: xZ cV _ 00" '=' t""' .-A ... i;';lfll:l>.......l'1 .. g:;r~Zt%j~ ~ i ~ '=' ~2: ., t"1 en [1);- tA ~ C ;- = .. ;UO" '" "'<0- .... O~::r ... '">-<:l!::;; _ UJO...,...Q _~ .;!~ UN ~;' ~UJ> .... ..,. _ '" 0 """ _ 0 "*1 ~ ;- ~~ S .. rt ~ t-t ~~~ Z ~~ ~ fl .... l:l P- c: CIl ,... '1 .... III ...... ~~Z "."'< rzQ ",0(") .. '" ~ ~ ~ ~ ~ ~ ~ Dl ~ m m Z -i :J: m o :;: =i~ o >-<::J: Z Oiij ::!:;:'TI:::j 00:;: . mZO:l> I-fZ' 5o:::!~ - mO I :E....men ;o5F:E GioO> :r::O>en -i:;:zen O:;:Cm Om:;:~ c:;oO:;: ZOZm -1m-iZ --<OO-i s:mm> -Z....G') Z-i....;o ZmOm m;o-m (fl Z~ o C"" -i c:m > enZ -1-i ;0 > .... "tJ > ;0 ?'o Z o EXHIBIT "A-2" - SW ASSESSMENT AGREEMENT Eslablished in 1962 LOT SURVEYS COMPANY, INC. LAND SURVEYORS REGISTERED UNDER THE LAWS OF' STATE OF MINNESOTA '7601 'r.ll"d A venue }loTlh 763-560-31>>3 Ninn@apolis, Minnuola 55428 ru No. 763-$10-35.22 INVOICE NO. F.RNO. SCALE: 1" - ~(~~Wf:~" ~ g i}"~ <>!2 / k '" ~ !J '" ,.'--...... ~~ / (:/fJ~ I..... "C" ~.{l~rv~ I ~ '- / iJti:if '''-'-....I "'ei:ii} ',,- "- v.,. / I "- I i~ '-....I~Ii~~ 5< 71:r I I U <":,. 6.str- l? 0 . L () · ~~ -~-- ~\.;. . -"'-..' -:.;:::,.., ----~~---- ------ ~~~...~ E ~ ~ "- o .... .... 11", e:~ Zz c", "'u l5>uru!'!lurs (!Jntifirllb / / / Mon ticello Park, Inc. Industrial , \. \) Q> ....:-- 2 t {;) '" . ~q~ ",Or-- 0'" - " I I I I I I I I I , I I I I ! In I .. I~ , ,. , <, . ., r"-;" N co DUNDAS S ROAD l~ i I I I I i E-' \ ! 0 J~i~E-nl. .< ,-. .....r Q of!; ~'" ;;iF. 5:!fJ t;~ 0<: ::tfJ ~ ,..~,'~r~ I "- \ \ )tl MoNTICELLO CONlIERCE CEl1US FIRST ADD 1 ',,-- 1038.46 legal Description; That part of Lets 11, 18 and 19 Audilors Subdivision No One lying East of Mon!lcello Commerce Center 2nd Addition, Monticello Co1lYllefCe Center Third Addition alKl MonticeJ1O COmmerce Center Fifth Addition and lying West of Monticello Commerce Center SIxti1 Addition being part of lhe Nor1heast Cuarterof SectioIl13, Township 121, Range 25, Wright County, Minnesota. which lies southwesterty of !tie fOllowing desaibed line- Commencing at the northwest comercf saidNOIttwteslQuarter; thence on an assumed bearing of Sauth 1 degree 14 minutes 38 seconds West along '!he We${ line of said Northwest Quarter, a distance of 708.8$ l~ to 1I1e point ot beginning of the line to be descMed; lhence South 63 degrees 32 minutes 35 seconds East, a distance of 4016.29 feet and there terminating. Total Area = 34.702 Tn;,.<VI!l'eaS_1!15rc-._Inll!'l~atsd'<<ll<tl(!l~ JlfDvded Dv dMt: W","ad1yOllfl/v __isa:rus_o;nea~esenl3l\o<1d. iI$lO"Wl<ot""'~I;lI!tle_dI!strileul;nlMo;II!1e lOC3Iionot"lbO~smd~lII'CIllaCtmtftfS.if....~_ttom<>fon wiO!&1>1 SUlVe'l6l1 by,,;s 1m;; Z2ltl day d Al:Inl. 2O>:J5 -"'R"'Y"""0-f:C'SJ>.lOIiTCGl!~ioi<el""'_~=1l'.'Cj 71415 '" U "'Z "'C "'- ",t: 00 UQ < '" .. x cUi '" "'", "" ~.. I-Z "'" CO '" 200' lD m ~ m m Z -; :J: m o s: ~~ o -<:J: Z Om ::ls:~~ 00"" - mzo> r-....zl ,_....1\,) .Dhlot :E,mG/) ;o5F:E <500> :I:o:l>G/) -;s:ZG/) os:om Oms:~ C;:oos: ZOZm -;m-;z '-<00-; s:mm> -Z'Q Z-;,;:o ZmOm m;:O-m IJl Zs: o Om -; Cz :I> ~-; ;u > , -0 :I> ;u .^ Z f1 rnr- r..... rn-l :;::-1 mr- :zrn i!z ;00 -<c :z: VI-I n:p :r:..... o :z: o r '" c :z '" '" "- in d',,'?Q 0 ;.l, "%:0""" 0 .4. " .: ~~ oa .. G' 01- 9.70' . " ....,.. q ....- o.l> ~ ~c: b ... l>" D 0> 0:>: ~ ,,-1 m- ...z C c: ... ;j ~ FALLON AVENUE ft"'I ~ iilillz -'-~ -,.. ~~ ~~rr: ~ $&~& ~m ZOCl ....... Mff~"Y r-e or:~ :r: -btff;:.t~~ -< ~ 6z-l :t:- ~~!i,$1 (j)Qrn c. ~/'fi,':::o o to O...{? .In ~ 932.64'__ -'If o V> ~ " -l ,t-.............m "G,.., ,J:r.i1 I m I . 1,167.17' :z: .... men :Z:rn ","'" n..... :z:O 0"" C> r- "- o 0> .. q ULlRA MACHINlNG COMPANY . 965.87' LOT 2. BLOCK 1 g . ~ . MONTICELLO " ~ COMMERCE ~ CENTER 6"T1'f . z o -I -I o CIJ n )> r- m lWIN CITY DIE CASTINGS ... ... .. 0. .-t 6C3.33' m r- (A JT1 nZ ::I:m Gl "'" 0-1 r-:;Jo> ;x:1 -< COUNTY ROAD 118 D .~ ~ "" ~ ~ ~ --:u:--- ~ E: m o [tlX Z m::I: -IS:5~ffi OOZm-l mZ-Im :: r--I;:::Zo:! ,... - "", - 0.0 m -I I ~ m r-::I: :E::5m~ 2:!O_O)> !E0~~(J) ....OC (J) -IS:(J)om (")S:-I.,,(J) gm?:!s:~ z;;o)>Om -I~r-ZZ -< ,,:::1-1 ~ 0)>("))> s:m;;om(i) -ZZ;:s::r-..... -1- r-...... Zm-Om m;;oz m CJl 0)>:: o . Z -I em )> ~ EXHIBIT "C.1" - SW ASSESSMENT AGREEMENT Established in 1962 iNVOICE NO. F.RNO. SCALE: 1" - 200' LOT SURVEYS CaMP ANY, INC. LAND SURVEYORS REGISTERED UNDER THE LA WS OF STATE OF' MlNN'ESOTA 7601 73rd Av!!nue North ?63-560-aIl9J fn No... 763-560-3522 !olinll~4poJj~. MiJJnuo1.1i. $$4Z8 !!>urllPljOrS QlrrlifinllP Easement sketch for: Monticello Industrial Park, Inc. l!i; 7' "- 'Ii' Jr s 7' "- "- "- 4. 7' Ii: /"-,,- . / ~~.,. / / ~""'~ It r5 / "-';:~!.!..':1t~ / U~ ~~ '<:?J / 0 'tl Q~.\b..!I.., / J:dQ v Q .... f " / ?i:/Cf~ "'-i / fj{'<:Q;-i;t \l~~~ '~ ~"-~ / iSj'fil/? ';t<., ~~,:; I ~'- ~8$~ o,'~ ", 1 fz.... '~"-,j U~ ''''......, I / "-~~"-~ I " I ^' ~Q?; 1(3/ C) I ~ '" "- ',,- ' 'v "-."- I r MONTICELLO I "--"':::~ I COMMERCE -1 "-~~ ~ I 61 CENTER FIFTH '''-~~ I ~L ADDITION _ ~ ~ "'() !:/iit ~B ::;f?J ~() " "- 9<f Easement Description: A stnp of land 85.00 feel in width overtha1 part of lot 10, AUOtTORS SUBDIVISION NO. ONE, according tesaid piston file and of record in Iha office of the County Recorder. Wrigtll County, Minnesota, the northeasterly line ofwhlch is contiguous with the southweslel1yright of way line of Interstate Highway No. 94. Said strip of land is to extend by its fun widUllrom the souU1eastert/line of Monticaflo Commerce Center Second, accordiog 10 said plat on file and of ret:ord ill llle office of the County Recorder, Wright County, Minnesota, to the east line of saidlol10. lh{tonly~>.t>>""'3f<e!rcmt;;OllSct'eoo<Q(lf~ ~~~de-t. 'N",/IeQCy~m;;ltrlt5"5~V-.....1tI<lWl!01;t:epl93enUl&:mct l::;l.l1'\1"'1ol!ileiXlum:ar,esOll'la3tlo:r<lJ1i!GCtolli<JlanoJlncfllle ~tlf:lillluOdi>'l<j.-..,a~"""""'tl""",u>.t""y.fromoran u(/ lJ>><I S\lIVe';ed ny us. It'>lS 18\J'1 Ga. cf ADI~. 2005. """" ~1ll5 F .......=,.. Minn_ "'eo:; Nozn~3 <>, GieQ01V R. ~_c.~. l,O;"", Req- fI<I. 2~992 IrGn ,?RC.E.:", i",("tH :;Wl.q~(<:,,,,! 'Q~"U"\:i III m -i ~ m m Z -i :t: m o -m s: -iX o -<:rZ 000 ::!s:"T1::j 00s: _ mZOc; ,,,,,,,ZI '_-I'" ,0 ~ 1i I' ~r-m(/) ;o5l=~ 1500)> :r0)>(/) -is:Z(/) Os:om Oms:g: C:;oOs: ZOZm -im-iZ ,-< 0 1i -i s:mm)> -Zr-O Z-ir-;o ZmOm m;o-m (/) Zs: o Om );! C:z !!l-i ;0 i> r- "tI )> ;0 .^ z o EXHIBIT "C-2" - SW ASSESSMENT AGREEMENT Esta blishl!d in 1962 LOT SURVEYS COMPANY, INC. LAND SURVEYORS REGISTERED UNDER THE LAWS OF STATE OF MINNESOTA INVOICE NO. F.B.NO. SCALE: t" - 200' 7601 '13rdi Avenue Ng-rLb ll:innl'llpolis, l(iDD8S0111 55428 163-580-3093 F~ No. 1'153--550-35022 ~ururyttrll Qltrtifirab 'Easement Sketch for: Monticello Industrial Park, Inc. '" '" JAr" '€/(S l'4.l'e !{l ..... 1--.16 ......,-..t.....llj Sol.ft", \1 ........... ~~I '~. ................... ~ ~~ Q, 1;- ......~..<. ,... ." 'o. ....../e) 'v ~ee .........~ "-..' . "-..M'lo "-.. ' "-.. '" "-.. Easement Description: A strip of land 85.00 feet in width over that part otLol11, AUDiTORS SUBDIVISION NO. ONE. aecoroing to said plat oofile and of record in Ihe oflice of the Counly Recorder, Wlighl cOUnty, MInnesota, lying southerty of the southeltJ rightofway line otJf'lterslate Highway No. 9.4.. the northeasteny line ofwhich Is deSCJibed as follows.: Beginning at the intersection otthe westerly line of lo111,and the SOUthwesterly fight or way line. ot said lflt~te Higtw.ray No. 94; &hence southeasler1y along said southwesterfy right of way Ilne. 436.00 feet. and said line there tel'l1'linaling. Said slrip of land Is to extend by Its 1uiI width from \he westerly line of said lot 11, 10 a line drawn southwesterly, petpendicular to said southwestetiy fight of way and which- passes through the point aftermination. 1b<!".....~~:nfrorrt~Q/reeorli"'~ lI"tI.mI!ll!lJdIW. We III!'l1!Oy am'y:halt'q is 1~_Wi1eCI~mliUiood 3IUl\'tO)'aI"'~dlNakrve~lanl_1Ile 1ll<:alb1<;/"'~_vi$lble~,it3l'Ff,from"r..... SOi(lIolnO. Surveyed Of tl51his 18L'J cay of Apal, 2005 Signed Char""! r. .l.tttW"$;):\ t.Ilrn. ~ No.217SJ 0( Grel)Ol'"Y Ft Pnsch. ~iM Rtql'io, 24932 ',,,P-1lY IPRC.c:::TSJ1.,ICfi:. CotAIE!/U.il<>f 1 ~.-o-..~."",j ~ m m Z -I :I: m o ;;: ::j~ o -<:I: Z Oijj ::!;;:"T1::j 00;;:. mzOc5 I-tZ. 1"'--1'" p~O I: :er-m(l) ;o5F:e GioO)> :1:0)>(1) -I:;:Z(I) O:;:om Om;;:fZ C:;ao;;: ZOZm -Im-lZ :<00-1 ;;:mm)> -ZI"'Gl Z-II"';U ZmOm m;a-m (I) Z;;: o Om ~ C:z !!l-l ;u i> I"' " )> ;u ?' Z r> ~,1;'''''~"~..,__",,, I " g, ~>H~:--- !I i: !i! !i " I L. EXHIBIT "C-3" - SW ASSESSMENT AGREEMENT ~D~ /., .," ~~~ ""' Ii, :;:!:~ ," ., II";;: j'i 1[, ~ll ["'~ 1::1 I~ Iii ,'i ,I" f~ ;~i Ii! ... " ~~ .,J ," ;~! ri , , :r i ! , I H~i?H~~ :;Q~S!i~~P ;!!~~U~~ ;;;~~~d:~~ ~~::ei;;S:~:! '....=I~f:fO!:;" ~~<>;:,:.."'-;l ~~~~~~~~~ ~~5i~i~~~ ;Z~UaU.;~ ~!!ir!~d~ ;:a:z~"'l;;; ~~~i:3~S~ ;~~li;l; l, hjei<', 'j"r' Hui~h ~F~s:;:~t; ~! ;!~~i~~~i ii !\Ig..A..I!~ ! ,~, f I" I Ii' ? . i :1 -J >~~2'"''''''' i !~~i~5~ " ~i;h3~~ ~I ~ H~;'gt~ ~~l!'h~~ ~I :"~:i~~ 'I 'I" I' ~I fl ;I""::: 1i;;;l~~:i ~! H~!! ii , i',ihl 1 ~l;!i" ! ;!ce" ,,~ 10I'i: , i,.1 · ~ J~jil 9iU!i " ~.. it i ,~\_ ii . , I'" ! ~n ~ - , . - / "" _w,"". .' r ." '''1'3 ;,. li;;:~ .~1 1'/1'" ,! ~~~~t {i. ~ii J ~{ ,. >Ii, SIi; " " ~~ -l'iii<na Ir:"",-~....,-..- " ;;;O<>C!rl"i .iA;f: "'" HE:'W.<:f S<i.. jf ...."1<1 {!!;'"n- ""W-"" ""11H.."".""." ,1.4; l;l,.~ \< -~~..,,!.~~- -----.-,;,"-.--T.-' -.r..... i: f , ',.,;"..~ '"," <<- '~"",..u." '-C "".",,,,, " ~ :: . " " '~ ,~ I. '"I ;; " lri. i I ! I I ! , , ! - -~.. ~,: - : _:..,,'''J,.:JIIii,... '''';::'.r~ ...."'" ""r"..,-... l ""j;''''----_h_n_u.;--l__i-_ I LJ I ! !:: I ;~ I , I , , I ;J r , , __u'\..::;- ~~ ' ~ ,,,, Ii , , ,- I . 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Table of Chapters Page 1 of I 10 N CCJifl" "1. ".e of contents for ChaRter 462 462.355 Adopt, amend comprehensive plan; interim ordinance. Subdivision 1. Preparation and review. The ?lanning agency shall prepare the comprehensive municipal plan. In discharging this duty the planning agency shall consult wi~h and coordinate the planning activities of other departments and agencies of the municipality to insure conformity with and to assist in the developme~t of the comprehensive municipal plan. In its planning activities the planning agency shall take due cognizance of the planning activities of adjacent units of gover~ment and other affected public agencies. The planning agency shall periodically review the plan a~d recommend amend~ents whenever necessa=y. Subd. la. Update by metropolitan municipalities. Each municipality in the metropolitan area, as defined in section 473.121, subdivision 2, shall review and update its comprehensive plan and fiscal devices and official controls as provided in section 473.864, subdivision 2. Subd. 2. Procedure to adopt, amend. The planning aqency may, unless otherwise provided by charter or ordinance csistent with the municipal charter, recoIT~end to the ~vverning body the adoption and amendment from time to time of a comprehensive municipal plan. The plan may be prepared and adopted in sections, each of which relates to a major subject of the plan or to a major geographical section of the municipality. The governing body may propose the comprehensive municipal plan and amendments to it by resolution submitted to the planning agency. Before adopting the comprehensive municipal plan or any section or ame~dment of the plan, the planning agency shall hold at least one public hearing thereon. A notice of the time, place and purpose of the hearing shall be published once in the official newspaper of the municipality at least ten days before the day of the hearing. Subd. 3. Adoption by governing body. A proposed comprehensive plan 0= an amendment to it may not be acted upon by the governing body until it has received the reco~~endation of the planning agency or until 60 days have elapsed from the date an amendment proposed by the governing body has been submitted to the planning agency for its reco~mendation. Unless otherwise provided by charte=, t~e governing body may by resolution by a two-thirds vote of all of its members adopt and amend the comprehensive plan or portion thereof as the official municipal plan upo~ such notice and hearing as may be prescribed by ordinance. http://www.revisor.leg.state.mn.us/data/revisor/ statutes/2 00 5/462/355 .html 5/24/2007 Minnesota Statutes 2005, 462.357 Page 1 of 1 Subd. 3. Public hearings. No zoning ordinar.ce or ~me~drr,ent thereto shall be adopted until a public hearing has ,~ ield thereon by tie planning agency or by che governing body. A r.otice of the time, place a~d purpose of the hearing stall be published in the official newspaper of the municipality at least ten days prior to the day of the hearing. When an amendment ir.volves changes in district bou~daries affecting an area of five acres or less, a similar notice shall be mailed at least ter. days before the day of the hearing to each owner of affected property and property situated wholly or partly within 350 feet of the property to which the amend~ent relates. For the purpose of giving mailed notice, the person responsible for mailing the notice may use any appropriate records to determine t~e names and addresses of owners. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be made a part of the records of the proceedings. The failure to give mailed notice to individual property owners, or defects in the no~ice shall not invalidate the proceedings, provided a bona fide attempt to comply with this subdivision has been made. Subd. 4. Amendments. An amendment to a zoning ordinance may be initiated by the governing body, the planning agency, or by petition of affected property owners as defined in the zoning ordinance. ~_ amendment not initiated by the planning agency shall be referred to the planning agency, if there is one, for study and repor~ and may not be acted upon by the governing body until it has received the reco~mendation of the planning agency on ~he proposed amendment or until 60 days re elapsed from the date of reference of the amendment without ct report by the planning agency. http://www.revisor.leg.state.fill.us/data/revisor/ statutes!2 00 5/462/3 5 7.html 5!24/2007 :V10NTrCELLO ARE:\. CHAMBER of COMMERCE The Monticello Chamber of Commerce and Industry Board of Directors welcomes Fleet Farm to our community. The Chamber does however strongly recommend to the Monticello City Council and the Monticello Planning Commission that current zoning along Chelsea North and South remain industrial, and all conditional use permits be denied. The Chamber Board feels it is in the best long-term interest of the City to keep our industrial focus in this area. The Chamber Board feels there are other locations in our Community, identified by the City's Comprehensive Plan that are designated for commercial use by businesses such as the Fleet Farm complex and we urge the city to review those areas prior to making a decision. Unanimously approved, June 12,2007 Monticello Chamber of Commerce and Industry Board of Directors Chair: Bill McLaughlin Vice Chair: Patty Haiby Treasurer: Laurie Tennessen Marianna Khauv Joni Pawelk Tom Ollig Bob Grabinski Terri Sweet Nikki Mercer Past Chair: Michele Hertwig 205 Pine Street. PO Box 192 . Monticello, MN 55362 . 763-295-2700 . Fax 763-295-2705 Website: www.monticellochamber.com . Email: info@monticellochamber.com Uf( p \" SUMMARY OF TELEPHONE CONVERSATION WITH OW ATONNA COMMUNITY DEVELOPMENT DIRECTOR DAVE STRAND - MAY 2, 2007 Ollie Koropchak and Angela Schumann SITE BACKGROUND The SPX building was vacated at least 4 to 5 years ago as recalled by Mr. Strand. The building was an approximately 200,000 sq. ft. production facility. The SPX operation at this facility merged with its facility in Rockford, lllinois; however, some of the jobs were retained in Owatonna as the company owns other facilities within the COIIlmunity. The SPX building did not sit empty for a long time as Fleet Farm approached the City of Owatonna as to Fleet Farm's interest to purchase the building and inquired about re-zoning. Some 25 years ago, Fleet Farm had purchased acreage in a different part of Owatonna but never developed the site. This property was sold after purchase of the SPX building and since developed as residential. The City had used TIF as an incentive tool for SPX; however, the TIF district was decertified. The SPX site has direct access to the 1-35 interchange. (See aerial.) SURROUNDING USES This area considered a quasi-mix of uses and is the smaller commercial area of the two commercial areas located along 1-35. (See aerial.) Both commercial areas have interchange access. Directly across Bridge Street is a smaller Target Store and hotel. A manufacturer is located diagonally across. Directly to the west is the Armory. To the south is an industrial use or park with a previously constructed buffer zone. At the next exit on 1-35, which Mr. Strand considers the larger commercial area, are commercial users such as Lowe's, Kohl's, etc. (See zoning map) Owatonna owns about 150 acres of land available for industrial in various stages of readiness for development. There are probably about another 150 that could be available if there was a demand. The city and county are in the process of doing transportation infrastructure improvements that will give us a new interchange on a rebuilt TH 14 and this will open up additional acreage and likely change the thrust of industrial development towards the new interchange. The city sees most commercial in the future occurring at the next two interchanges up 1-35 from the Mills interchange - the "old" TH 14 interchange where most of the commercial has occurred and the 26th St. interchange where a new hospital will be built. There is probably more than 70 acres available for commercial in these areas alone. They don't anticipate a lot more commercial development for awhile, as Strand indicated that they have likely reached market saturation. PROCESS The 200,000 sq ft industrial building was marketed by a national commercial real estate agent with very little interest. It is more difficult to find a buyer for a larger industrial building than a smaller industrial building. Two-approaches were used by city. The city and officials had informal meetings with the sUITounding propertylbusiness owners about the potential re-zone and thereafter issued the public hearing notice to re-zone. Because of the amount of industrial land available in the city, concerns about the use were limited. Owatonna has more industrial property then any other municipality in Steele County. There was some discussion about conversion from industrial wages to lower commercial wages, expressed by the general community. Overall, the pressure leaned toward allowing development of further commercial uses. A public hearing was held on the rezone from industrial to commercial. In general, the community was supportive of the conversion. Mills only needed a rezone and CUP. The City followed standard processes for that, but also completed a traffic study as part of the review. IMPACTS OF COMMERCIAL USE Fleet Farm occupied the building beginning in 2004. Fleet Farm expanded the building and paid for traffic signals, road overlay and lane change improvements. Traffic issues have not been a large concern, although there is some retail traffic routing through industrial between the two commercial nodes. Strand stated that the comments were isolated and were made more in passing. If anything, Strand stated that Mills may have had the most impact on the interchange exit ramps off the freeway. They are in the process of signalizing one of the intersections and this was mentioned in the traffic study as likely to be needed. There were commercial and other mixed uses in the area prior to Mills. Strand indicated that there has not been much pressure to introduce more commercial (due to already developed property) and not much pressure to redevelop industrial areas into commercial. All the industries are still very viable. Strand stated that he does not think it had any impact whatsoever on industrial land values up or down. ~ ',' /--... \ \JillI'tf"ZSlJDU ".J. ,7~inla '\ '---~ --- . . ....~ en 0- I -Ifs TIS TJf3llY - &II . I ~ t;; i .~ '" ,. . . . Planning Commission Minutes - 05/01107 Spartz inquired how many times the applicant can come back for an extension. Grittman stated that the ordinance doe~ not specify or limit the number of extensions allowed. Dragsten asked if the applicant was in attendance. The applicant was not in attendance. Spartz inquired about the time frame for extension. Grittman stated that a specific request hadn't been made, but staff would recommend an extension of one year. MOTION BY COMMISSIONER HILGART TO RECOMMEND EXTENSION OF THE MAY STH, 2006 CONDITIONAL USE PERMIT FOR MOON MOTORSPORTS TO MAY STH, 200S. MOTION SECONDED BY COMMISSIONER SPARTZ. MOTION CARRIED, 5-0. 6. Public Hearing - Consideration of a request for Conditional Use Permit for Amendment to Development Stage PUD to allow an expansion of Open & Outdoor Storage and Outdoor Sales & Displav. Applicant: Home Depot Planner Grittman reported that the applicant has requested tabling of this item, as they would like time to prepare additional supplemental information for their request. MOTION BY COMMISSIONER SPARTZ TO TABLE ACTION ON THE REQUEST FOR CONDITIONAL USE PERMIT FOR AMENDMENT TO DEVELOPMENT STAGE PUD TO ALLOW AN EXPANSION OF OPEN AND OUTDOOR STORAGE AND OUTDOOR SALES AND DISPLAY. MOTION SECONDED BY COMMISSIONER VOIGHT. MOTION CARRIED, 5-0. ""i' .:L.. Public Hearing- Consideration of a request for Comprehensive Plan Amendment for a change in land use designation from industrial to commercial and a request for Rezoning from I-lA to B-4 (Highwav Business). Applicant: Mills Properties, Inc. Planner Grittman reviewed the staff report, stating that the applicant has requested a change in land use requiring a comprehensive plan amendment and rezoning. The application review in this report is purely for the land use designation, the comprehensive plan and zoning designation, only. Grittman stated that if the requests are successful through the Council, the applicant would most likely be required to come back through for review of the site plan via a conditional use permit. 2 Planning Commission Minutes - 05/0 1 /07 Grittman indicated that the current Comprehensive Plan designates the subject property for industrial use. Broadening the tax base and targeting high quality businesses are cited as economic development goals with the 1996 Comprehensive Plan. These goals apply no matter what the land use in this area. Grittman noted that the City is in the process of updating the comprehensive plan. Through that process there has been discussion on the land use designation in this area with the task force, but there has been no consensus. From a staff perspective, the 1996 goals will be used as a reference point and evidence for consideration of the proposed change. According to updated information, the City currently has approximately 135.5 total acres of industrial land available, Grittman reported. Specifically within the Monticello Commerce Center, 67.5 acres of industrial zoned are available. At the time of adoption, the current Comprehensive Plan indicated that there was 113 acres ofB-4 zoned land available in the City. Grittman noted that there is an Environment Assessment Worksheet underway on this project. He stated that whenever a commercial project of sufficient size comes forward, the City is required to complete an EA W as part of the review process. Information from the preliminary EA W has been provided in this report. Grittman stated that staff believes the EA W provides guidance that will help analyze the request, particularly when looking at traffic. Grittman reported that Chelsea Road has been designated as a major collector for the south side of the community. Right now, it has been constructed as a rural section and functions as a local street. The plan has been for Chelsea to be reconstructed as a three lane roadway. Grittman noted that there has been a significant amount of discussion on whether the upgrade to Chelsea and the proposed project are connected,. He stated that is not the case. The upgrade may have had something to do with Mills decision to seek this location, but the reconstruction was not created by the Mills project. Grittman also referred to the existing assessment agreement with the current property owner of the subject site. He reported that a financing link was made that if the City did rezone the property, the property owners would be required to pay additional amount of assessment on the 1-94 and CSAH 18 interchange. He indicated that there was no agreement to actually rezone the property, instead the agreement only provided the option for the event that it was rezoned. Grittman stated that there was no legal way for the City to make an obligation to rezone to the property owner. He stated that this item should not be linked to the land use decision. It was restated that although there has been a lot of discussion about that financial consideration, there is no City obligation to rezone this property for commercial purposes. In regard to traffic data, Grittman referred to the EA W, which stated that there are 3650 vehicle trips per day currently on Chelsea Road. Under a light industrial use, it is estimated that the site would generate just over 1700 additional trips per 3 Planning Commission Minutes - 05/01107 day. If the property were to be rezoned for this commercial use, the increase would be something over 11,000 trips per day. There is a difference in projected trips between the commercial and industrial use of over 8,200 trips. The draft EA W analyzes intersection and traffic lane function for determining what kind of improvements would be needed. Grittman stated that the current status of Chelsea is a grade A. The worst rating is an F, for no traffic flow. It is estimated that if the commercial designation is approved, that level of service would be a B. Grittrnan commented that this is generally considered to be an acceptable level, with some delay, but traffic would flow at a reasonable level without significant congestion. Grittman indicated that the staff report summarizes pros and cons on either side of the land use re-designation issue. The site is located in full view of Interstate 94, just west of the new interchange, Grittman stated. The interchange was not in place at the time of development of the industrial park, nor the comp plan. , Grittman said that when there is a limited amount of freeway exposure, the freeJay exposure is a limited commodity, and it is reasonable to consider whether the City would consider rezoning. If it were not for the interchange, Grittman stated that this area although highly visible, is not highly accessible. This is an important factor when considering land use for the area. Regarding the land uses, Grittman stated that while the area is zoned for industrial, the surrounding land uses in actuality represent a mix of uses. Grittman pointed out that the important distinction is the actual land use, not the zoning. In fact, the area is not entirely industrial in nature. There is vacant land zoned for commercial to the east, vacant land to the north of this site on Chelsea, a mix of industrial and office uses to the west and a school to the south. Grittrnan reported that often discussed in rezonings such as this, is whether or not this is spot zoning. That isn't necessarily the case here. Grittman stated that "spot zoning" refers to an incompatible use. Grittman commented that had none of the land in the area been developed now, it would be a fair statement to say that the raw land would have been considered for commercial and guided that way. However, he stated that the fact is that there is existing industrial in place. Grittman presented points that would argue in favor of maintaining existing zoning. As mentioned earlier, the EA W indicates there would be a significant increase in traffic. With a mix of retail commercial and industrial traffic, Grittman stated that there will be traffic conflicts, even though the level of service only changes from an A to B. This is due to acceleration factors for trucks and access to Chelsea Road. The traffic will affect industrial operations. Also, truck traffic will affect retail traffic. 4 Planning Commission Minutes - 05/01107 The second item, Grittman stated, relates to the City's greater land use pattern. He referred to the zoning map, stating that the green areas shown on the zoning map are commercial. There is a significant supply of B-3 and B-4 properties, possibly where a Mills Fleet Farm facility would be able to locate. Grittman indicated that is significant as the City has taken steps to identify appropriate location for commercial land uses. These include considering the Highway 25 corridor and Chelsea Road area to the west. Grittman reported that incompatible land uses can also affect land value. In general, a large retail development has an overall up pressure on land values. As a regional consideration, it will also increase land values. However, it has a different affect on other properties. For new industrial uses of high value, it may be fair to say that the facility will not increase property values, as the redevelopment to commercial opportunity is not available. As such, the higher property values may not be the case for some of the properties in this area. In summary, Grittman stated that he thinks there are factors that play into both considerations. The change in designation will be a change in policy. Although there is no other application for commercial in this area, Mills has indicated interest in locating a gas station on the north side of Chelsea Road. Grittman said that new commercial users create pressure for other commercial users. The area along the interstate and Chelsea Road is ripe for that kind of pressure. Grittman commented that while that isn't part of this consideration, it is a reality. He commented that it may be likely that north side rezoning requests will follow. Thus, Grittman recommended that the Commission should be looking at long term land use in the area as part of this decision. Grittman indicated that the two most important considerations are as follows. If a change is appropriate, there is a mix of uses to support the introduction of commercial, despite uniform zoning. On the other hand, there is a significant industrial investment existing in the area. Staff has prepared findings for both considerations. Grittman noted that all of these points have been summarized in the staffreport. Dragsten confirmed that the Commission is just dealing with the 33 acres on the south side of Chelsea. Grittman answered that was correct. Dragsten referenced the financing and asked for further clarification. Grittman responded that the City has an agreement with the property owner, that if this land is rezoned, the property owner will pay the City more money as a part of the construction of the interchange. Grittman stated that there is no obligation for, and in fact the City could not enter an agreement guaranteeing, rezoning. Dragsten stated that would make sense, that if the land was worth more, it could be assessed for more. Gabler asked if the developer is promoting the land as commercial, are they just assuming that the City will rezone. Grittman stated that he wouldn't presume to speak for the developer, but they have the option to bring the request forward. Gabler asked why Mills is looking at this property. Grittman stated that he would presume it was freeway exposure. 5 Planning Commission Minutes - 05/01/07 Spartz asked how much vacant commercial land is available. Grittman responded that the comprehensive plan indicates approximately 130 acres. Spartz asked how many existing unoccupied building there are for commercial purposes, citing the Maus Foods building. Grittman responded that he does not know. Dragsten stated that he didn't believe that there was much available. Hilgart clarified that the property to the east is zoned B-2. Grittman confirmed. Hilgart asked what that entailed. Grittman stated that it is a general commercial zoning designation, although B-4 is slightly broader. Grittman explained that B-4 is labeled regional business, B-2 is more neighborhood business-oriented. However, the uses do cross over. Hilgart inquired ifthere would be a significant difference in traffic in one over the other. Grittman stated that the traffic information is based on the retail use, not the zoning designation. Hilgart stated that he is trying to fignre out why the change from I-IA to B-2 in that area. O'Neill responded that area was zoned before the four-way interchange. It was considered to be a node of commercial, but it would serve the local neighborhood. Voight inquired if within the EA W, in designating the impact from A to B, it is presuming the upgrade to Chelsea Road. Grittman stated that it does assume the upgrade. Hilgart asked if when the comp plan was updated in 1996, did the City have any idea that there would be an interchange. Grittman stated that it was certainly discussed, but it was not known when the interchange would be put into place. Hilgart questioned that if the City knew it was possible, why would it be zoned industrial. Grittman stated that it was zoned industrial prior to 1996, and it was carried forward in the 1996 update. Dragsten stated that in 1996, it was talked about that there would be some interchange, but it didn't really say where. O'Neill stated that at that time, the City had funded only the two legs, thinking that would be sufficient. O'Neill stated that the state wouldn't allow Monticello to add to the design until the City itself had the money to do it. The planning was predicated on limited access. Dragsten noted the two page item submitted from the IDC. The IDC was requesting that the south side of Chelsea between Fallon and CSAH 18 remain as industrial. There was also a rezoning protest petition from area property owners, stating the same. Dragsten stated that those were entered into the record. Dragsten referenced the City's 135 acre industrial park and inquired how much would be buildable. Grittman stated that the number came from the Economic Development Director. Dragsten referenced that the primary factors for the Commission were going to be the mixture of uses, and affecting the market values of industrial uses in close proximity. 6 Planning Commission Minutes - 05/01107 Grittman noted that if the Commission does feel that a commercial use is appropriate, staff would recommend a PUD zoning designation, which allows the City broader zoning control. Dragsten asked if there is the ability to zone as PUD within the ordinance. Grittman stated that it would need to be tabled and brought back to allow for that amendment. Chairman Dragsten opened the public hearing. Brad Barger, property owner at 301 Chelsea Road, spoke to the Commission. Barger thanked the Commission for taking comments on the item. Barger stated that quite a few owners in the industrial park have looked at this proposal in terms of the property vales. He indicated that most of the industries looked at this as an industrial park, with the associated uses, including trucks coming in and out every day. With the addition of the interchange, Barger stated that they have noted more vandalism with the increase in traffic. He stated that the proposed changes to Chelsea Road, including walkways, are something that industrial property owners do not want. Barger asked about the traffic level of service. Grittman confirmed it as an A level currently. Barger stated that the older part of the road is to west, with the newer section to the east. Grittman stated that while that is true, neither could be described as new. Barger stated that it seems the road reconstruction was put together for rezoning; if the whole road is that bad, wouldn't the whole thing need to be completed. With all the traffic, it would seem that the City should do the whole road. Barger commented that it appears that Mills is driving the Chelsea reconstruction. Barger also stated that with trips and traffic and trucks, industries do feel it would be safety issue. Barger noted again the cost ofthe assessments, and the City's stated goal of building good jobs within the community. Barger indicated that he doesn't feel it is a compatible use. Voight asked Grittman what section of Chelsea Road would be improved. O'Neill replied that it is the section from Fenning to Fallon. O'Neill reported that the City has a number of roads that need to be reconstructed, but only bites off what it can chew in terms of cost. Doug Harmon, owner of Twin City Die Cast, addressed the Commission. Harmon stated their third and newest plant is located off of Chelsea Road. In looking at denying the request, the report talks about higher quality light industry. Harmon noted that industry also looks at exposure to the interstate. When Twin City Die Cast started to look at property, there were a number of properties of interest. He stated that they enjoyed working with people in Monticello, and the site was a great location. Harmon reported that a number of the nicest industrial parks have been located off an interstate. Harmon noted again that the zoning calls for higher quality light industry. Harmon stated that he had their payroll people pull their company wages. The average wage was S 18.62 per hour, without benefits. The vision that Monticello 7 Planning Commission Minutes - 05/01107 has as far as creating a higher quality in the area is working. The industries that have located in the area have supported that goal. I Harmon stated that there are other commercial properties available and that the increase in traffic volumes will be detrimental to the businesses. Harmon referenced a die cast peer facility located in Madison, Wisconsin. He stated that they were the first business in the area, and over time, the City opened the area up for retail and commercial. Since that time, that business has been in three different lawsuits. Harmon stated that he would agree with the IDC that the industrial use is the highest and best use of the property. He said that when locating the Monticello plant, they did so to be able to expand two more times. He reported that the next expansion would have been in the Monticello area. If this proposal is approved Harmon stated that they will have to give serious consideration on whether to expand on this piece of property. Hilgart asked how many employees are at Twin City Die Cast. Harmon responded that there are approximately 50 permanent full-time. Hilgart inquired how many lived in Monticello. Patty Haiby, HR Administrator, responded that about 2/3 live in Monticello. Dragsten asked if traffic is Harmon's biggest concern. Harmon responded that traffic would definitely be a concern. There will be congestion and brings in concerns with security. However, another concern is that their expansion could be a problem, as different types ofland owners may object. Dragsten asked if Twin City Die Cast generates noise. Harmon responded that noise is limited. Dragsten thanked him for this comments and complimented Harmon on his business. Mary Barger, Suburban Manufacturing at 301 Chelsea Road, addressed the Commission. Barger stated that she has been a member of the IDC for close to 8 years and has helped bring and recruit businesses to Monticello. Barger said that she truly believes that a regional center for technology and health care is becoming more viable for Monticello. However, she stated that she believes the spot zoning will not enhance the community. Barger referenced a letter from surrounding property owners, indicating that they believe the rezoning will diminish building values, increase the potential for crime, and will negatively impact traffic, and offers no supporting benefit to the existing businesses. Barger commented that the subject property is prime for a world-class facility. All of the reasons a commercial business would want to locate there, are the same for industry. Barger urged the Commission not to rezone, as she stated that she does not believe it would not be in the best interest of the community. Don T omann, addressed the Commission as president of and partial owner of UMC. Tomann reported that UMC is a family owned business, located at 500 8 Planning Commission Minutes - 05/01107 Chelsea Road. He said that he echoes what Doug Harmon and Brad and Mary Barger commented on. Tomann also thanked Steve Grittman for a balanced presentation of the issues. Tomann st~ted that he wanted to make a few points of clarification. Tomann referenced O'Neill's comments on Chelsea Road and the assessment agreement. Tomann stated that two sections of the agreement specifically talk about Chelsea Road and the improvements, and tie the interchange improvements into the discussion about the rezoning. Tomann indicated that he recognizes that at any time the land owner can bring forward a petition for rezoning, but that he believes the road has been brought forward because it is in the agreement. Tomann read from the agreement a section referencing timelines for completion of Chelsea Road. Tomann stated that the agreement in itself is the crux of a lot of discussion as it is a pivotal point. Tomann reported that he has been speaking with Commissioners and the Mayor, but nobody wants to talk about all ofthe pieces together. The point he said he wanted to make is that this agreement was put together between the City and a private landowner, and there was no involvement by other landowners. He indicated that there was no discussion, and that they were never notified that discussions were occurring. The first time land owners heard about this was in January or December of this past year. At that time, Tomann stated that he was invited to City Hall in reference to the pending assessment for the Chelsea Road project. Tomann stated that when they bought this property, they asked specifically in 2002 about assessments. Toman said that he don't know how much this road plan was part of the City's plan then. If this was planned pre-2002, UMC was not told about this. There was mention of the interchange, but there was no solid plan put in place. Tomann stated that a pavement layover is very different from a three lane road that is really a boulevard. Tomann read a letter prepared on behalf of UMC. Tomann referenced his discussions with the Mayor on the topic and with the developer about redevelopment and expansion. He indicated that the City doesn't know if it got a good deal or a bad deal on the assessment issue, because there was nobody else involved. The City doesn't know what the other entities could have offered. Tomann stated that there is a whole lot of money to be generated for an interchange than for a road that doesn't benefit him. He stated that it is very disappointing, as he didn't think he would be standing in front of a Commission and Council fighting for his business. Tomann explained that he had an experience in Corcoran where the City couldn't supply what was needed to expand. Monticello offered a beautiful park for growth and expansion. Tomann told the Commission that he has 135 employees, with an average wage of about $62,000 without benefits and growing. UMC brought 90 jobs to the City and added 45 new jobs. Tomann referenced his expansion plans in light of approval, stating that his only choice would be to move the entire facility. 9 Planning Commission Minutes - 05/01/07 Tomann commented that he thinks it is the job of Commission and Council to paint a complete picture. He said that he doesn't think anyone is against Mills, but the question is why this spot. It has been pointed out, that ifthere was no industrial, it would be an easy decision, but it is there. Tomann asked the Commission to respect landowners' ability to develop the property and respect land rights equally. Tomann noted that it is cheaper to satisfy the customer you have, rather than risk for those coming down the road. Tomann stated that as a business owner, this item causes questions. Yes, there is other industrial land available, but the City isn't going to fill it up if things are subject to change. In closing, Tomann asked that the property owner's rights and promises by the City be honored and upheld, that the City embrace jobs and businesses and learn how to get a win-win for everyone. Dragsten asked about the agreement. Grittman stated that he believes that it is not the Planning Commission's job to decipher what is going to be done or isn't done in terms of a financial arrangement. The Commission's job is to talk about land use. Grittman noted that staff hasn't seen the letter that Tomann had written. Dragsten asked why they would not be able to expand. Tomann drew an analogy stating that perhaps a husband and wife have one child and move into a community. Then, the City changes the zoning around them to something other than residential. They're having triplets. They need to expand. Are they going to put up with what is going on around them? They're going to make a decision about how to make their investment payoff. Tomann stated that is why he made the point about respecting property rights. He can't expand his business, as it wouldn't make sense to put up a 40,000 square foot building that would be worth less. Dragsten asked ifit comes down to traffic. Tomann stated that it comes down to investment. He stated that ifhe wasn't going to grow the business, it would be fine, but he is going to expend. Tomann stated that while the traffic is a real problem, the issue is that as an industrial property, it will be worth less. Dragsten asked how Tomann would know that an industry wouldn't come in that would create the same amount of traffic. Tomann stated that from a business point of view, when you move into an industrial community, you know what you move into. It isn't out of the ordinary to expect more trucks. He said that commercial brings in different types of traffic that may cause conflict. Dragsten stated that if you know what the end user is, you know what the traffic patterns will be and it may be a benefit to your company. For example, the traffic may occur at off-setting times and may not be as bad as an industrial user coming and going at the same time. Tomann stated that he doesn't want to make the argument about traffic. Tomann stated that while traffic is the easiest to picture, what is less obvious is the impact on property owners. Tomann explained that he has 135 employees that depend on these jobs. 10 Planning Commission Minutes - 05/01107 Dragsten noted that every property owner has the right to make an application. Tomann agreed, but added that in dealing with the cities that he has, the only thing a city has going for it, is the comprehensive planning and zoning. Tomann asked if this proposal was going in the middle of a residential area, would it even be a question. Mayor Clint Herbst, 9801 Gillard Avenue, addressed the Commission. Mayor Herbst stated that while he didn't intend to speak, he felt he needed to address the characterization of the agreement as seeming to be backroom deal. Mayor Herbst stated that the previous Council and Mayor had worked through the process of trying to work through funding of interchange, trying to leave present industry without a burden to pay for the interchange. Instead, the City tried to work with property owners with vacant land. Herbst explained that when he came to the Council, they took the agreement, with minor changes, and brought it forward. He noted that everything happened in the Council chambers and that it isn't a simple letter, but rather a whole agreement. Stumpf added the comment that at one of the recent Council meetings, it was stated that Mills was not a welcome business. However, it was stated that if it was a hotel, or conference center, it would be. Stumpf stated that he took offense to that comment. Dragsten noted that as Planning Commissioners, there are not here to debate the assessment agreement issue. Ollie Koropchak, Economic Development Director, addressed the Commission. Koropchak welcomed business owners and Mills Fleet Farm. Koropchak stated that part of her job is to increase tax base, and manage business retention, redevelopment and jobs. Koropchak explained that economic development doesn't just doesn't include industrial development. It is supportive of schools, housing, commercial, and hospital district expansion. She stated that economic development recognizes the entire quality of life issue. Koropchak stated that her role as Economic Development Director isn't always easy and that she doesn't always agree with staffs recommendation. Koropchak indicated that the she invests time and energy in trying to recruit high quality businesses. She stated that she would address those items via a presentation. Koropchak stated that she supports business retention, and as such, while she encourages Fleet Farm to come to Monticello, she would encourage them to look at a different site. Koropchak stated that during a Comprehensive Plan Task Force meeting in March, the issue ofland use in this area of Chelsea was discussed. She reported that it was the consensus that the group favored the south as industrial, with the north going commercial, but it was mixed. Koropchak stated that no formal recommendation was made. II Planning Commission Minutes - 05/01/07 Koropchak stated that the 135 acres noted was a total of all three industrial districts as compared to the 113 acres of just B-4 zoning. In response to the question on developable acreage for the Otter Creek site, there are 53 acres left as developable. The difference in characteristics in zoning districts was noted. Koropchak stated that Monticello should be proud of the companies we bring to Monticello, because both the City and private developer have covenants. Koropchak stated that when the City uses local incentives, the purpose is to create jobs and tax base, but also to get a quality product. Koropchak commented that when talking about alternative sites, the property adjacent to interchange is an option. It is already zoned B-2, and is more of a compatible use. It is already a business zone, has the same property owner and has freeway exposure. As for the subject site, with future development along Chelsea Road, the south side will no longer have freeway exposure because the north will be built up. Koropchak referred to the traffic analysis, stating that as far as what the retail box generates, it should be recognized that as north side develops, more traffic than this will be generated, so reconstruction would be needed. The proposal before the Commission represents a lot of hard surface, Koropchak reported. She said that at one time Dundas Road was intended to go through this property and intersect Chelsea Road. The discussion for industrial on this property was to provide green space. Koropchak stated that in comparison to an industrial use, if you took that 33 acres for commercial, it would need to have 10 acres of green space. Lastly, she stated that as Economic Development Director, she was supportive of rezoning other industrial properties to commercial, including the Ryan site on the north side of the interchange. Koropchak stated that the City of Monticello does offer TIF to all properties, subject to meeting state requirements. The city-owned land is marketed at $3.00 per square foot, plus trunk fees, for properties that do not meet criteria, which is equivalent to other industrial land without TIF. Koropchak cited an article in BoomTown USA, which discusses where business owners live. She summarized by saying that business owners get involved in the community and noted that Monticello has people in the industrial park that are involved at all levels in the community. They invest in their buildings, but also in their communities. Koropchak distributed supporting data to the Commission. Koropchak stated that she had asked the industrial property owners to provide wages, but also called the County assessor to get market values of buildings. The spreadsheet presented compared industrial to commercial values. Koropchak noted also that industrial is likely to expand, while commercial properties do not. Koropchak reported that in the long run, comparable industrial and commercial properties are approximately even in land value. Koropchak said that the big difference is in wages, referring to number and level of average annual wage positions, without benefits. 12 Planning Commission Minutes - 05/01107 Koropchak indicated that reason supports her opinion on why it is important to support the businesses that make large investments within the community. The goal is to retain and create jobs so that employees can buy high-end homes. In summary, Koropchak stated that supports that the 33 acres to remain industrial, and encourages Fleet Farm to seek out another site. She encouraged the Commission to support existing zoning and recruit new jobs. Voight asked what the forecast is for industrial growth on the 33 acres, or even in the general area. Koropchak stated that she would hope that in working with the property owners, we could support them by using TIF if needed. Koropchak stated that she does not know of an industrial project looking there currently. She said that she does recognize that it takes much longer to develop industrial property. Koropchak referenced the HRA and the recruitment and agreements involved in securing industrial users. Koropchak stated that business owners make a lot of commitments, and the City needs to do the same. Bruce Buxton spoke to the Commission as a representative of Mills Properties and Mills Fleet Farm. Buxton stated that the site was selected totally independent of anything else going on within the City. He indicated that they have been looking at this area for 5-7 years. He said that they are aware of alternative sites, but for various reasons, they were not acceptable to Mills Fleet Farm. Prior to the interchange coming in, Buxton stated that they would have never considered this site. Because ofthe interchange, he stated that it made this a viable site for the facility. It is a large enough site to accommodate the use, it is in a mixed variety of other uses, and there is a synergy of commercial in the area. It is also not too far from Highway 25, nor from the residential properties. It has good freeway access, and freeway exposure. Buxton stated that it has all the things that Mills' views as positive for business. He stated that they did not come to Monticello to start a disagreement within the community. Buxton indicated that they do think that the interchange changed the complexity of the area and that is why they have made the request. Buxton stated that Mills owns their own facilities and builds quality buildings. Buxton stated that he had just met the land owner, as they have dealt with Mr. Pfeffer as the land owner's representative. He reiterated that they found this site as a result of the interchange. Buxton stated that he is happy to answer any questions by the Commission Dragsten asked how many Fleet Farms are built each year. Buxton responded only I on average per year. He said that the company is owned by two brothers who build what they can afford. He noted that the oldest to newest stores are a night and day difference. Dragsten posed the question that if Mills owned ten other sites, it could be ten years before they built here. Buxton responded that some locations are property acquisitions for new replacing old, or perhaps just aren't ready. Monticello ten 13 Planning Commission Minutes - 05/01/07 years ago wasn't ready. Buxton stated that it doesn't take traffic to support a store like this. On the other hand, many of your residents currently go to other locations, and they drive to do so. Buxton said that it is getting to a point where Monticello has such a synergy where residents don't have to go elsewhere to shop. Dragsten stated that obviously Monticello would like to have the company here, the zoning has nothing to do with that. Buxton stated that he understood. O'Neill asked Buxton ifhe could describe any similar situations. Buxton stated that they just acquired property in Ankeny, Iowa, a suburb if Des Moines. The property acquired is all industrial. To the west are large distributors and warehouse structures, but one-quarter mile north and south, it is all retail. Buxton reported that they had made an application for rezoning, which so far has been approved. The insulation distributor to the west has been looking for a different site. Hilgart asked if the zoning isn't changed, will Mills look elsewhere. Buxton replied yes, but couldn't say that it would be in Monticello. He indicated that so far, other Monticello locations have been unacceptable. The large parcel east of 25 that was cited has a large powerline corridor running through it. There is no way to fit the building and not interfere with the transmission line. Shawn Weinand, owner of the subject property, addressed the Commission. Weinand stated that he wanted to clarify some items. Weinand pointed out that the property right across from Twin City Die Casting is already commercial, and has been for 20 years. He noted that when the pieces of property in the Commerce Center were sold for industrial development, property owners were made aware that Chelsea Road would be upgraded, as there was no storm sewer, no curb and no fire hydrants. Weinand explained that he has entered into contracts with the City for dozens of years. He stated that he has made a huge investment in the community and that every development he has done has a development agreement that is negotiated with staff and the Council. This situation was no different. Weinand stated that a committee was put together to bring an interchange to Monticello. There were many meetings at which it was noted that it was important not to charge the industrial users and school. Weinand remarked that there was only a short period of time to develop the interchange financing. At that time, he did not have a buyer identified, as Ryan Companies did, and that it was not his idea to bring in the interchange. Weinand stated that if the issue is commitment, he has been committed to this property for 20 years. Weinand noted that the same people here at the IDC developed a City industrial park to compete. The subject site is difficult to develop, as the road through the site would cost more than what it would return in development. He said that the property would be best suited for a warehouse, which would not qualitY for TIF, generate a lot of hard surface, a fair tax base, 14 I Planning Commission Minutes - 05/01107 and not a lot of jobs. Weinand explained that he committed over $5 million to the interchange and Chelsea Road improvements. He cited the contribution as a gamble, just as when he contributed for the construction of School Boulevard and built businesses on West Chelsea Road. Weinand stated that he is also committed to the community. When the City asks for an easement, he noted that he doesn't sell it, it is given. In regard to the agreement being discussed, Weinand stated that when he negotiated, it was based on good faith and the idea that he could bring world class retailers to town. He indicated that growth is a matter of serious concern when Xcel may take away tax base. He stated that Monticello needs some immediate tax base. Weinand stated that the numbers on Koropchak's sheet seem a bit confusing. Weinand cited other examples of commercial tax base contributions, including Wal-Mart, which has a tax base of about $350,000. The Mills store as proposed will generate over $1.5 million dollars alone in fees. Weinand stated that when the agreement was negotiated, he didn't know what the property would be in terms of commercial or industrial. They have worked with a number of property representatives. He noted that they had also worked with Mills on the power line issue on the site mentioned. Weinand explained that he owns 80 acres of the commercial property mentioned, but this is the only site that works for this user. Weinand stated that in regard to approval of this use, when the housing market comes back, Monticello will have made a huge statement. Weinand stated that he doesn't believe there is a devaluation in adjacent industrial properties; there are many examples. Weinand stated that in fact, the site UMC sold offin Corcoran is industrial and commercial mixed. Weinand noted that 15 years ago, he came to Monticello and stated that he could bring the outlet mall- the one that got build in Albertville. However, he recognized that he was young and didn't have a reputation. Now, residents ask why didn't we get the mall. Weinand stated that he is glad Monticello didn't because there are greater opportunities. Weinand commented that he believed it would be irresponsible not to rezone for this user. He noted that everyone talks about jobs, but this town is built by blue collar people that are still driving somewhere else to go to those $30,000 - $50,000 jobs. He also stated that community kids need to work somewhere. This user is paying good wages. Weinand explained that he built the Rogers industrial park and those types of jobs are not coming here right now. He reported that in the last 20 years, he has sold 8 pieces of property for industrial use; it takes a long time. Monticello needs to grow now. Dragsten stated that he agrees with Weinand on many of the points he makes, but referred to economics as something that the Council has to deal with. Dragtsen 15 Planning Commission Minutes - 05/01/07 stated that the Commission appreciates the work that he and the City staff do to bring business to Monticello. Bill Tapper addressed the Commission as owner of properties at 212 Chelsea and 1324 Edmonson, both in the 1-2 portion of the industrial park. Tapper stated that he has been a member of the IDC for 14 years and has been active in bringing industry to Monticello and participated in bringing UMC to the community. Tapper stated that he has contended for some time that Monticello has the potential to be the next Maple Grove from a commercial point of view, because of its strategic location on transportation corridors and its position between St. Cloud and Minneapolis. He said that he had also participated when the 1996 comprehensive plan was developed. Tapper stated that at that time, there were discussions of an interchange, but that he didn't think anyone considered it a serious opportunity. As such, Tapper commented that there wasn't any consideration as to whether to change the zoning at that time. It was zoned industrial, so the idea was to leave it because there wasn't good access and there wasn't any other industrial property. There was very little pressure to zone it anything else. Tapper stated that as one industrial property owner a short distance away, he would like to tell the Commission that he is in favor of the rezoning. He indicated that when looking at this property being rezoned, one has to take into account what is best for the City. Tapper noted that Monticello has very little property available with very good accessible freeway exposure. In keeping with his thinking about Monticello's tremendous potential to be a commercial hub, Tapper stated that the City must consider rezoning to commercial. He reiterated that he believes it to be in the best interest of the city and is the best use of the land. Tapper stated that it is also the right thing to do because of the number of jobs it will bring into town and the tax base and the assessment base. Perhaps more important, Tapper said that this kind of commercial development brings a vibrance and excitement to the town. It makes others want to come here. He noted that industrial development doesn't generate that kind of excitement. An industrial user cites this as a look at what that community has to offer owners and employees; Tapper stated that he believes it will enhance the community. The next thing Tapper stated that he wanted to point out is that the bank that owns his properties perceives that Mill's location in Monticello will enhance the values of his properties. For his purposes, he said that it increases borrowing potential and provides him with more opportunity to use collateral for other expansions. Tapper commented that one of the items that wasn't mentioned was the proposed Fallon Avenue Bridge. He said that traffic on this overpass would have a substantial impact on mitigating traffic resulting from this development. For example, Tapper noted that when looking at Chelsea Road versus 7th Street, which are similar, he doesn't find any traffic problems with the new retail development. There isn't a lot of traffic, and Tapper indicated that he can't 16 Planning Commission Minutes - 05/01107 comprehend a lot oftraffic problems. He commented that the amount of truck traffic in the industrial park is not tremendous. Tapper pointed out that Twin City Die Cast is directly across from a B-2 area. So, he stated that he can't comprehend how this would impact them any differently. Tapper also explained that the property across from the City's own industrial park is zoned commercial. Tapper cited other circumstances in other communities where there is a substantial amount of commercial and industrial located in the same general vicinity. In closing, Tapper stated that as an industrial property owner less than Y, block from the proposed property, he would like to encourage the Commission to consider the rezoning. Dragsten asked how long Tapper's facilities had been in Monticello. Tapper replied that he had moved his business in 1990, and expanded in 1996. Two years ago, he explained that he bought the H Window Building and expanded it a year later. Dragsten asked Tapper about traffic. Tapper stated that it is what you'd expect in an industrial area. Tapper noted that in comparison to other City streets, such as Edmonson, Chelsea is a relatively good road. He stated that rebuilding Chelsea benefits me very little. Sutmpf asked Tapper ifhe was given the opportunity to look at the petition. Tapper stated that he had not. He did note that he was the only dissenting member regarding the IDC recommendation. Matt Froelich, property owner of 9766 Fallon Avenue, addressed the Commission. Froelich stated that he is an adjoining property owner and is supportive ofthe rezoning. He stated that he did not get an opportunity to see the petition. Froelich supported the rezoning for the same reasons that had been stated. Stumpf expressed that he favors finishing Chelsea to the west, but the City can only complete what it has money for. Hearing no further comments, Chairman Dragsten closed the public hearing. Voight stated that he would like to express appreciation for all of the information from the business owners from both positions. He noted that he found Koropchak's spreadsheet to be helpful. Voight stated that he empathizes with business owners, but at this time, it may be that the City can't waste an opportunity for B-4 zoning with highway exposure. Voight commented on the excitement such a development would create. Voight suggested that the community seems to want it and perhaps needs it. Voight indicated that it is a difficult decision and that he has many conflicting thoughts on it. Hilgart stated that there are pros and cons, and the decision has gone back and forth in his mind. Had there not been any industrial users, Hilgart stated that he 17 Planning Commission Minutes - 05/01/07 would lean toward rezoning. He aJed that it is a difficult decision. Hilgart questioned that ifthere was no Fleet!Farm, would the Commission even be talking about this. Dragsten noted that the qommission has to take the economics out of the decision and consider what is thd best zoning for the City moving forward. Spartz commented that someone had told him growth can't happen without big boxes, so that may make it hard to say no. However, in going back to 1996 comprehensive plan, the Commission is dealing with that zoning and land use. He noted that industrial land uses are the most challenging to site, which is why they came first in the new comp plan update. With that being said, Spartz noted that the City has put an emphasis on move up housing and good jobs. This is not to say Mills doesn't do a good job. Spartz stated that on the economic side, the jobs from the I-IA are needed. He said that he doesn't think it's good to have mixed uses in an industrial area. Spartz indicated that he hopes Mills would still consider being here, but this is a concern for this area. Spartz noted that the interchange just changed last fall, maybe there are other opportunities. Dragsten clarified that Spartz was referring to perhaps another industrial opportunity. Spartz agreed. Gabler suggested the Commission take a vote. Stumpf had no comments. Dragsten reiterated that the Commission is looking at what would best serve the City in the long run. If this is zoned commercial, more than likely, the City will see other portions being requested for commercial. Dragsten stated that while he can't speak for Mills, the visibility is important. However, he stated that he thinks there are other sites in the City and although this site is convenient, it is also convenient for other users. Hilgart asked Grittman to go over the suggested PUD zoning. Grittman stated that the first action the Commission would need to take is related to the comprehensive plan. Then, the zoning would be considered. If the Commission is interested in commercial land use, the current ordinance offers a selection of zoning districts; B-4 can support Mills. As an alternative, staff has proposed a PUD zone, which for which a zoning ordinance would be written specifically for that parcel. If that were the direction Commission would like to go, the City would need to notice for that and consider at a later date. Hilgart noted that the vote would probably be up to Gabler. Voight commented that similar to Hilgart, his mind has changed since the discussion has started. Dragsten noted that the other option is to table the item and clarify information, then bring it back to the June meeting. MOTION BY COMMISSIONER HILGART TO RECOMMEND APPROVAL OF THE REQUEST FOR A COMPREHENSIVE PLAN AMENDMENT AND REZONING TO ACCOMMODATE MILLS FLEET F ARM RETAIL STORE 18 i Planning Commission Minutes - 05/01107 AND MOTOR FUEL STATION usb, BASED ON THE FINDINGS FOR APPROVAL OF THE REQUEST q)NTAINED WITHIN THE CONCLUSIONS SECTION OF TH$ MAY 1,2007 STAFF REPORT. MOTION SECONDED BY COMMISSIONER VOIGHT. MOTION TO RECOMMEND APPROVAL FAILS, 2-3 WITH DRAGSTEN, GABLER, AND SPARTZ IN DISSENT. MOTION BY COMMISSIONER SPARTZ TO RECOMMEND DENIAL OF THE REQUEST FOR A COMPREHENSIVE PLAN AMENDMENT AND REZONING, BASED ON THE FINDINGS FOR DENIAL OF THE REQUEST CONTAINED WITHIN THE CONCLUSIONS SECTION OF THE MAY I, 2007 STAFF REPORT. MOTION SECONDED BY COMMISSIONER GABLER. Voight asked if tabling the item would be an option. Dragsten stated that would be his recommendation. It would seem to be in the Commission's best interest, as there are certain things that do not apply to the Commission discussion. He stated that he would be in favor of waiting. Hilgart asked if Dragsten believes that the way the Commission votes will determine how Council votes. Stumpf stated that there is a lot more detail the Council will be asked to consider versus what the Commission is dealing with. Dragsten asked for the procedure on withdrawing the motion. Grittman reviewed that Spartz simply had to withdraw the motion. MOTION BY COMMISSIONER SPARTZ TO WITHDRAW THE MOTION TO DENY AND TO MOTION TO TABLE CONSIDERATION OF THE COMPREHENSIVE PLAN AMENDMENT AND REZONING. MOTION SECONDED BY COMMISSIONER VOIGHT. MOTION CARRIED, 5-0. 8. Public Hearing - Consideration of a request for Development Stage Planned Unit Development (PUD) and Preliminary and Final Plat for the Monticello-Big Lake Hospital District to allow for the expansion of a medical office building. Applicant: Monticello-Big Lake Hospital District Planner Holien presented the staff report. Holien explained that the hospital has prepared an application for Development Stage Planned Unit Development and Preliminary and Final Plat for the construction of a 60,000 square foot clinic addition. Holien stated that the proposed project also includes the construction of a parking lot and construction of a parking garage. The subject site is located at 1013 Hart Boulevard and is zoned PZM, Performance Zone Mixed Use. 19 11<10. Planning Commission Minutes - 06/05/07 In reviewing the third decision, Spartz re$tated that he doesn't know that a bigger sign will make a difference. I MOTION BY COMMISSIONER SPARTZ TO RECOMMEND DENIAL OF THE REQUEST FOR A VARIANCE TO ALLOW A SIGN IN EXCESS OF 50 SQUARE FEET, BASED ON A FINDING THAT AN UNDUE HARDSHIP EXISTS. Voight asked if the Commission could put a stipulation of a certajp square footage, as he indicated that he would hate let them do something less and !I1~'r~alize they need a bigger sign. ," ~'" y^".. ......"...u :iifY)' <'H:;iW:> Grittman responded that in general, he believes the 50~K!0 be aIr He stated that it sounds like the biggest problem is simply not h!l_ the sign. ~;//' --"<"'" ,Y'Y MOTION SECONDED BY COMMISSION Planner Grittman presented the staffr~o at the 1 had been tabled from the previous meeting. Grittman indicated"~aq!;U r "created a number of divergent issues and staff 0 e stated that'K~~~ff did not ;nake a specific recommendation, but prepared fi gs 0 or the ComfWssion for either decision. He explained that this decisioQii ed to I ,,", use. GrittmiU:l,stated that the request for comprehensive plan amendment~zoJl~M~rthe 2.5 ad~~parcel is a separate item, and that the next Tuesda separate~ttct\elttiii~~~~l~,~eliminary plat and s~es of conditional ~se. permit held. GrHtman rev:(ewed the last meeting, statmg that the CommiSSIOn h~d public t ""Qpy frdutn~ighboring industrial property owners, much of it negative, n!mtalso some posit!~\(. TheCi~>!I~Economic Development Director addressed the differences betweell't1le land l1Se designation as related to taxation and wages. The appli~t addressed tii~;Comrriission and noted the impacts of the new interchange on the surrocii~lng property.";'The property owners also addressed the Commission. Grittman explaineifili,lj,tthe mg!ion to approve the comprehensive plan amendment and rezoning failed. The n{<:>'ti.QPyfo deny was discussed, made, and then withdrawn without a vote. Subsequently, <1t'l11otion to table was approved unanimously by the Commission. Grittman noted that the Planning Commission did close the public hearing. Grittman summarized the exhibits included in the agenda packets, stating that in summary, the Commission is asked to consider the redesignation of the property from industrial to commercial and rezoning from I-IA to B-4. Spartz asked about a timeframe for construction ofthe Fallon Avenue Bridge. Grittman responded that while there is no specific timeframe, it is included in the City's transportation plan. The City needs to find funding for the project. Q'N eill added that 11 Planning Commission Minutes - 06/05/07 the timeline for construction is set by imp cts at the CSAH 18 intersection with 7th Street. When that area is congested, MNDoT wil pressure they City to construct the bridge. I Spartz referred the report, noting the grading of different roads from A to F. Grittman clarified that designation refers to level of service. Spartz asked what grade School Boulevard is. Grittrnan explained that the level of service was included as part of the EA Wand was specifically researched as related to this project. Spartz asked if the reconstruction of Chelsea was intended to ease traffic off of School Boulevard. Grittman replied that it is to improve the flow of traffic as part of the int~~fi~ange project and to aid Chelsea as a major east-west collector route. School was ac~lyaeyeloped to ease traffic on Chelsea, although School carries much more resi n. tial traffic. /-.>/ Spartz inquired if the land remains commercial ifitist~d is r ~d to commercial and the project does not move forward. Grittman confttir!ed that the z .\'~g designation would remain commercial in that case. .. ...... ;C'- --'0',:'''.:::-'.. .!. .,~,~, 'c.... ,;".,,,.,--,,, :_Y;{?~_:-i:,<_ - ,.':!o.:.'(hi.:;:y>/:;,Y Dragsten asked if the EA W showed any IJ/.ajo~i.~!lcems..~tumpf noted tha~fhe EA W is within its 30 day review window by otherlagerici~~'L();Neillasked Grittman to discuss the option of zoning to a B-4 PUD. Grittman respo~~<i'<:l that there was some discussion, or concern about how the propert ould be develop~q' ezoned. One of the options is to rezone to PUD district. He stat tthe current cod esn'f allow for PUD Districts, so the City would need to. ..,~:9J.~L.2.ode. In su~e, any use for the PUD District site would be required to go tllroughtli~~~ proce , providing impacts and design detail. It was?ft'ered as an optiQ~,~~thatiji'i~:1m$idid not complete their project, the City would still..Jia~~ ore site conttQlthan if it w~te a straight B-4. Any use on that site would be~~iiired td e in under a~?D. . O'Neill aske~~~~jqiniti .t:)>rocess, a~~b applicant has not applied for a PUD design.aH?ng~ ametidIlJ,~I1<<m~~!N~that the City has the opportunity to apply on its own.'fotamendmenttb distndahdto initiate the rezoning. Grittman stated that the Shi~J' zoningOffl:t:I~I, th~ ins Commission and the City Council are approved to Initiate that actiorf:',' C'."'..;.. 7_,.-.",:"' >"""_..:._; -..:_._:..A ";'0-;.;":' .,,>/OJ -,'. .....;.", Dni~~lm asked ifth~"'mmissioners wanted to reopen the public hearing. ,-of'-'",-" ,:;tH. 0::>;-> :<:>:' '<'-"-'<'. Y'./ Spartz ndt~~;~at p~~j:~ had come to address the issue. Dragsten agreed, stating that the hearing wouldllt:.t9t'additional information only. Chairman Dragsten opened the public hearing. Don Tomann, owner ofUMC at 500 Chelsea Road, addressed the Commission. Tomann stated that the only thing he wanted to add was that his intent through this whole process was not to sway the decision, as it's a difficult decision. Tomann commented that when you fall in love with a car, the salesman has the upper hand, and you have to be willing to walk away. Tomann stated that he has nothing personal against Mills Fleet Farm, or against any individual or anyone who works for or with City. He commented that he 12 Planning Commission Minutes - 06/05/07 thinks it would be an asset to have the business, but the question comes down to the right spot, to previous commitments, and to what is already in the area. He stated that he is trying to give the Commission perspective. In the letter presented to the Commission, he stated that he was requesting some discussion, and instead got a couple of emailed responses that seemed rather definitive. Tomann remarked that it seems as if the whole project is going so fast, the City is not taking time to examine the impacts. Tomann referred to the St. Ben's sign issue, citing it as an example of a consequence on something that wasn't communicated properly. He stated that the bridge created the opportunity, but that doesn't stop us from communicating bette~i!9day and seeing that everyone gets their questions answered. Tomann explained ~~tilllhcealizes this is a tough decision for both the Commission and Council. .... Tomann stated that he wanted to add a few points onj .... s. Hel 'qated that he thinks he made his point on how jobs make a community i~.lil')ohg term. tated that he heard the personal pleas from the current land owneralll)'ut\Vhat they've pr the City. That should not impact the City. Tomann s ... P at the ipability to sell rty shouldn't impact this decision. He stated feels t~tthere is a lot 0 ssion needed on what hardships are we creating that'~Wered today. I e discuss them now, maybe we could come together in resp Tomann stated that he didn't have a chance to see the responslil tter. and doesn't ....... what hardships will be created. For example, for UMC, who want . d a bigger bulf~g, ,'.,'nnJ Tomann stated that for example, s. surveyihg trees on the west side of his property. They didn't ask permisslQj1 iproperty. Tomann stated that ~:7s:~~~:~~~r:~lir;::I ~~ill;~:~:i;~~~ r;;:::~: ~::~r;~:ors Tomann sugge~{~9that thcl-~"continues t08~.~9re miscommunications. Tomann inquired that iftiii~:!~.1:he ~r~nri~gofit, w~~te are his rights. Tomann stated that he really 1:h~'~'i!eat the~h~H~e~!i:9h~~~i~~~fYbodY invofved. The cit~ needs to back away fr~wthectEl!11.~~g~? whet~~!f!~.t 1S the roall!.nnprovements or the rezomng, and get a forum together. Toiri~~!ated t1U\~.~f is.~ure landowners would have been happy to take part i1lthat process. ToWlt,tm requ~~that they find out what's best for the City. >:m:?',/:. ''!ii;:nJ'L}i: Brucl;~1lXton addresS.l;~ the Planning Commission, rl;presenting Mills Properties and Mills Fl~~farm. BU#~bn reported that Stu Mills, one of the owners of Mills Fleet Farm, is here because he isjriierested in this process. Buxton stated that first, on behalf of my company wia"fVtillsilie apologized to Mr. Tomann and UMC if work was done outside of the property lih~i!illd ROW. Buxton commented that the surveying was a City requirement, !liltt the ordinance requires all details of topography 200' beyond the boundaries of the subject property. Staff insisted that they do that. Buxton stated that Mills did not and would never say that it would not want to provide more trees. Buxton stated that the Commission has a narrative that outlines many things. One things not discussed are benefits to the City. This is a commercial project and obviously a very large facility. Buxton stated that it will add rather significantly to the tax base of the City. Buxton commented that property owner Shawn Weinand has owned and made an 13 Planning Commission Minutes - 06/05/07 effort to market this property for some 20 years, with no interested buyers other than UMC and Twin City Die Casting. The only reason Mills is looking at this site is because of the interchange. As a retailer, there is no job zone, no TIF, no financial support. That is no offense to any industrial business. Buxton referred to information prepared from Owatonna. He stated that in Owatonna, Mills Fleet Farm has a facility that is 5 years old. Mills took a large parcel ofland, which had a building on it. That parcel was rezoned to commercial. It was owned by Owatonna Tool and spx. The building is 180,000 sq. ft. The building w!l~))Uilt with industrial revenue bonds and TIF. When the TIF ended and revenue b<;l~dsenqed, the industrial user moved and left the building sitting empty until Mills.~e in. Buxton commented ;'7'?:"';> that the Commission has aerials of the Owatonna area.~t'ls lil~l> near an interstate interchange near and among mixed uses. The Commi~~on als6lj~a synopsis of discussions staff has had with Owatonna City sta Tuitton stated~~~he brings it up to advise the Commission and to note that in ini()lt, there has beeri'tw harm to any of the other industrial businesses in that area. Buxton stated that third, he thinks this is a qua oj.~fHe commented at it would be a substantial building with quality materials, es)ildly the same that UMC is built out of. The building will be OWITc::r ccupied from h out. Buxton stated that he is not a developer, but rather works" wner, who WI " "p.erl; a long time. Buxton rl;Ported that they expect to . 2 pl<>cyees andibpportunities for young people. Admittedly,~~stated that theY'Fen6t p!iYilil~~e7same wages as UMC or TCDC, but thatt~e)'itt~'?'8r competitiy~.W~ges.ID;iY Buxton stated~~t.~ne ofi~~~es referencJ:was.security. Buxton said that Stuart Mills puts a lot of empl1~;\ion~~t~,\Vith cam~ras and video recording to protect his proPertY,ilseJl1ploye~~y!Jrid tustQ~~?i!iMjlt is very specific about how he works with the policedl;PartrneJilt for sa' and setiJ!1tY: ,..,.:,..H."........, H .~' ,su,;ton stated thafIl3gefully;' .... iare enough benefits that the Commission can see. Th!i:Ylife compatibk.They 0((6- benefit to the City. Buxton thanked the Commission for their time, and apol(.lgizedagain to UMC. Dragsten ask~. howlOl1g Mills has been in Owatonna. Buxton rl;Plied it was about five years. The OW!ltonna information was provided because the question has been asked about other similar locations. Dragsten asked if Buxton knew how much industrial land is currently avaIlable. Buxton suggested that about 150 acres was available and a lot more taken. Buxton referred to the aerial of Owatonna, noting the Mills location. He stated that outside of Target and a hotel, all other buildings in the area are industrial. He stated that at the next interchange north are Walmart and Lowes. Voight stated that the Commission had talked at the May 1 sl meeting about losing some freeway exposure once the north side was built up. Voight asked Buxton's opinion of that, despite the next request related to the north side. Buxton stated that they expect 14 Planning Commission Minutes - 06/05/07 those to be smaller buildings, with smaller uses. When built up, Buxton stated that they would already be established and people will know where to find us. Voight commented that they had said that they looked at other locations. Buxton confirmed, stating that they have been looking at Monticello and surrounding area all the way to Buffalo. Buxton reported that they had rejected this site a couple of years ago, but the interchange and resulting commercial on the north side of the interstate changed the whole dynamic. Grittman explained that he had a couple of comments. In terms of the requirement for survey data, the purpose of that requirement is to ensure that an~;"d[ainage is being handled properly, and so that we know how it is being handl~~3tfji-agsten noted that requirement is typical anywhere. Grittman also reference . timing question for this request. He reported that under state statute, the City ~/ . s to consider these applications. The City needs to complete City action l\!li the en /~lune. Dragsten noted that the applicant can request an extension. . Tomann again spoke to the Commission. tj}at City ';;" staffis putting emphasis around finding stf .put tax dollars to support Mills, they should also find Ie Where it didn't rk. Tomann suggested that an interview of each of the individulisiness owners is also needed. Tomann commented that he has ~~(xear old buildin , the Commission needs to think about that. SPX is not a family 0 CHin, iness, they ar '{ 8.IJlQration, and they close down plants allover the US. Tom at you are ri8~~eli'ling apples to apples. City staff spent a lot of time finding .... ann suggested that we listen to the professionals hired b~tge city. HKGr~.ilS'p:!llic "that it isn't a good situation. Rusty Fifield's opipi(irf,.",,~,that he wot1r,~'t have a ed area here. So, the comparison may not be vali~/ TomalUl;E~commended.ljJJ.at a discussion with two business that are less than 7 years ofd~~re nei~~orhood. .,!~~! fl' DragsttlJ)./!!Qted thaith~Q&riirii~$!~(il;!!b!!qJ~~ested comparisons. Tomann stated that ,<t!,::)', ,: h'\>"" , ..> :>:;"- '~-'>:"--''''7:~:;'i-/ staf~{worki~~Rromote'!'>1iI1s Fleet Farm. Shawn Weinand, property owner, addressed the Commission. Weinand apologized if the UMC property was infringed on, and stated that all he can do is apologize. Weinand stated that he thinks the point Buxton is making is that they are willing to invest millions of dollars in the City with no risk to the City, without them walking away. Weinand stated that the one thing he failed to mention. He stated that he is very involved with the Brainerd community. He indicated that he recently completed a 3-year project in 15 Planning Commission Minutes - 06/05/07 Brainerd. Out of all the subcontractors used, over half have worked for Mills at one time or another. Mills helps to train the best businessmen and subcontractors. Weinand stated that all of those people attributed their success to Mills. Weinand noted that Mills creates jobs that create skills that will carryon to future jobs. Weinand commented that the City should not let this opportunity pass us. Weinand stated that it is unfortunate that we couldn't have had more meetings. However, he noted that he has had four years worth of meetings on the interchange. During that time, there were many opportunities for public input. This was not done quietly, without a lot of public knowledge. He encouraged the Commission not to miss a good opportunity. Tomann questioned whether there was plenty of opportunt stated that he had asked for announcements notifying tl\~!li ding area. Tomann stated that he had asked for communications, and nothlt~g has ..... -,produced. Tomann stated that he doesn't believe that there was any I?~!ifiheeting oft ation. If there was a forum put together, someone made a chQiiB'e' noffo include ce " operties. j':>' There was no opportunity to participate..dlc;; C':':":':<:""", ;li1>'/h;;:\,C '/[i Shannon Bye, Monticello Township d themmlsslOn. Bye stated that her concern is that having been to co 4~sive Hate meetings, she would be reluctant to see thj,~:c!qr' made with .... <'the comp pfarr being completed. She suggested thatJ~!ao it at ood faith, pT.~aps the City should wait until the comp plan is completeg.i$'ay!;<~tated in reference tqyt4er site, she can't imagine why the City wouldn't want to.~o at (f., .... >W.;.:'..P"f' StuarfMiIlsaddressed,~ommissi8i1..If~ the owner of Mills Properties and Mills Fleet Farm. Mills stat~ at h€;:[~tQpg with his twin brother, Henry Mills, are owners of Mills Fleet Farm. Mills' ed ili~..qQrlimission and staff for their time. Mills stated that they watltto be part of .. ..... mm~tY. He explained that Mills' home is Brainerd. He has tra"el~g.by Monticellq.for more than 80 years. ':''':':::. <<> ""':',. -.:'.:", Mills statedt4at he bd.rieves it is important for the Cormnission to get a feeling of what Mills stands for.,If€said that honesty and integrity have been the motto of the company, which was start~d by their father. Mills explained that when he and his brother had gotten out of the Korean War, they started the Brainerd Mills store, which was 4.000 square feet, and went from there. Mills indicated that they have never asked anyone for any help and feel they have been good citizens. Monticello is a good spot, Mills stated. He suggested that they feel they would be good for the surrounding community. He noted that they had spent a lot of time looking at Monticello. Other communities have been interested, but Mills has not been interested in 16 Planning Commission Minutes - 06/05/07 those locations. He indicated that they waht to be in Monticello. The location chosen was not an accident. It was based on acceh Mills thanked the Commission once more. Dragsten stated that the change in the zoning is not a reflection on Mills in any way. The issues are still a mix of use, traffic, and market value. Dragsten stated that he thinks the company is good for the City as it does bring another anchor commercial use to the City. He noted that it might not bring higher paying jobs, although there is no guarantee on those in any case. Dragsten stated that he thinks the commercia! use pressure has resulted from the interchange. Calling for and hearing no other public comment, Chairm hearing. ">, Voight stated that he is not as concerned about ind;l!~trialagainst '.' mercia! use, as he is that if this 33 acres goes commercial, then thef161ertorth side goes:'0~~L~~ems to be a reasonable conclusion. In that case, Voight d that l!P island of indlIsm.. I d would be created for Twin City Die Casting and .iJY oigh('~~ted that conce';c' . 1m. Voight commented that he doesn't think traffi2WiU Ii;l:y"['stgnificant role, s he imagines that the uses will be non-conflicting. Voight cony at he is also concerned that the introduction of a Fleet Farm maY.!eause the existing y owners to not be able to fully utilize their property. Spartz commented that this is not an ~ue ils fi I y. The story about pounding stakes wasprobably the firsf~eg1!fj~~~itrd about Mills. He indicated that he just don't.l..cr!.......it.. is the right sP....Pt. It is zon~.'d industrial. Spartz stated that he looks at that Ian as a pi at takes M()~icello out' of being a bedroom community. He stated that h,e ". anted J t Farm, Justn~t}l'1ere. In terms of traffic on Chelsea and School, he comm ..9 th~t.~~~.?esn't think'iiliit is a good problem. He stated that when he firstI?9~involved:~i~t1i~~tlll1.RMW..~pd~te, it was because he didn't want to see in~J.!strialu~a~ainst co~~cial. He'gonnvolved because of mixing of uses. Spartz r~stated that he1;i~reves MiU~js a good company, but that the location is wrong. Dflt~ten noted the state<.l,that he thinks t u.h.........u. ., },>....<.. ...;,,' .i;lfit ofljllVing one user over severa! users on that site. Dragsten . e are pros and cons down the middle. ..............,........ .......... ";"'>',' MOTION~;)'..COMMISSIONER SPARTZ TO RECOMMEND DENIAL OF THE REQUEST FQ~~COMPREHENSIVE PLAN AMENDMENT AND REZONING, BASED ON TFlEFINDINGS FOR DENIAL OF THE REQUEST CONTAINED WITHIN THE CONCLUSIONS SECTION OF THE MAY 1,2007 STAFF REPORT. MOTION SECONDED BY COMMISSIONER DRAGS TEN. Stumpf commented that it is unfortunate that there is not a full Commission present to make comments regarding the issue. Dragsten agreed, stating it is a very important issue. Stumpf stated that this is also a difficult issue. 17 Planning Commission Minutes - 06/05/07 MOTION CARRIED 2-1, WITH COM~IISSIONER VOIGHT IN DISSENT. Dragsten reiterated that the Commission~ s vote is nothing against Mills or the developer; that he thinks it comes down to mixing of uses. Dragsten asked for clarification on when this will go before the City Council. O'Neill stated that it will be reviewed on June 25th. II. Public Hearing - Consideration of a request for Comprehensiv~,,~,I~ Amendment for a change in land use designation from industrial to commercial and a r~~sMor Rezoning from I-IA (Light Industrial) to B-3 (Limited Business). (North Side oflEast Chelsea Road) Applicant: Mills Properties Inc."/ <;)0 Planner Grittman presented the staff report. Gritm1!m,sfated that will not have acted on zoning on south, the C()wriiissidn needs to pr for the north, as they go forward to the Co~~il together on June 25th. that the earlier decision does complicate th€" . ical ptpsess a bit. the City Council ""'o'.on the request G:i!ittmannoted ~ihllll;;r<" Gri ttman reported that the analysis in the staff rep stated that the cumulative traffic the two sites i the south, the traffic splits. Only c pattern ch 'lar to the south 33 acres. He arne, as if the larger locates on ~ththe site being split. ',';;;"';;;"""" Grittman stated that when stafflooksa,t thl s~f bulk of the comments are the sarne. The pros that support the comp plan aftlil. re~plii arne, although slightly stronger because of the diJ."~Stl ay exposure.'1f1e cons dis" ssed earlier are also similar. ;0 ',,,.:.,, ."" In support of~;e6'!RP plan; ndment andf!:;<:?I;jing, Grittman stated that there is an existing mix ofus~i~rea<\~i~,t,h~area. Th~7subject site is consistent with commercial use. CJij~~noted t1l1l-tif tIier~~~"'1),(),other uses, direct exposure to freeway is very lik~~yafact!J!~;tR,i!t the Ci~\Vouldhati'ee6nsidered as a a strong indicator of a commercial ~a. Grittmai'f~ented~i!t the Commission has reviewed surrounding land uses, '>'~)k?ugh a large itu~R~r as iel1!~~to this north parcel are in fact vacant, or have co~ercial zoning:!!Ir~n C'Y >;jEUi In sup~8~qf retainin~'~e current comp plan designation and zoning, the report reflects an expect~q:msreas~tUf traffic along Chelsea, which is significant over what it would be under industri~c;,,.IJle reports also cites potential traffic conflicts. Grittman stated that the primary difference or distinction between the two requests is the north parcel's direct freeway exposure, which seems to argue more favorably than the south from that single aspect. Chairman Dragsten opened the public hearing. Don Tomann addressed the Commission as related to this request. Tomann noted traffic concerns mentioned in the report. Tomann stated that in relationship to the assessments, 18 Planning Commission Minutes - 06/05/07 i I leffO'Neill had noted that property owner~ were not included. However, Tomann stated that they are impacted for road improvemel;1ts on Chelsea for commercial uses. Industrial users do not need sidewalks and trees., so he would request that the City pick up the tab on those. Tomann stated that he understands that the road improvements and costs are not for the Planning Commission to decide. Tomann stated that he would keep those comments and store that for later rather than here. Calling for and hearing no further comment, Chairman Dragsten closed the public hearing. 'n'" , Spartz stated that if the Commission was to be consistent,i (y.~ould stick with zoning as is. Voight stated that for him, he recognizes that a co . al use~9j,1ld bring traffic, although he doesn't foresee the significant hardsw~,~ecause oftf~J;l<;. Voight noted that his "no" vote on the previous item was symb?Hfllecaifse it was sucH'~;'219se decision for the Commission. Voight said that he is m?~~;92mfortabJe with this reqli~,g~,~use it does have direct freeway access. He remark'e~~~t the l?!~are smaller, and'wouldn't support a bigger retail user. Voight commente(ft~ateyeiiifthe 33 acres doesn't go commercial, with all of the parcels and uses comblli~,:you might see the same level of traffic. Voight stated that thinks~i~ is more fitting dVR9 ercial. He indicated that if nothing was there in terms of surr'~)ni.~~,uses, it would'" ba, difficult decision. He stated that he doesn't want to make <;hang the comp p~t impact the way current businesses operate. However, in this'~ea, eady Pf ent. " Dragsten stated tI],'l~P plan meeti~, ' there wa~ iscussion specifically about this ~:a~h~~:~~~~;::d nbet~t~~~:n~~t~ e::\~;;~c?~a;:~~;mmented that he would ,<<':<:. .;::,' ':;:"./" ><,Y>i-.. .>:.;;>,..."..... ',:.:;':," Dragst~n~~~~d staff~~9~tI'6akfli~~Q~'~.~9tl.ing designation ofPUD. He inquired ifthey could;tablegll'im*e the~~jsion contifrgent. Grittrnan responded that they could send the it~m forwarda.n~~t)n cafl(9~,~hearing on the PUD zoning issue. He explained that it ~Quld benefit the (j1it)f Council'~"have the ability to act on the requests with the re~1ll;tnendation fo~!:Omingjater on the PUD. However, they won't be able to act on PUDrecommendatio~.' Spartz state~Jhat he ~derstands the comments, but wants to discuss traffic whether you take 1 0 acreS,~JI?res, or 33 acres. Spartz inquired how it is not going to affect traffic either way. Dragsten stated his opinion that the north side would be limited to smaller retail. DragsteiJ also noted that there could also be small industrial businesses that would generate about the same amount of traffic. However, on the south side, one large single commercial user would seem to generate a much higher traffic volume than a single industrial user. Spartz clarified that Dragsten believes that the two should be compared separately. The Commissioners briefly discussed whether a PUD district designation would be appropriate for the north side site. 19 Planning Commission Minutes - 06/05/07 Grittman stated that the Commission could motion to call for a public hearing on a new PUD ordinance for the north side of Chelsea Road. MOTION BY COMMISSIONER VOIGHT TO CALL FOR A PUBLIC HEARING REGARDING THE AMENDMENT OF THE MONTICELLO ZONING ORDINANCE FOR THE CREATION OF A PLANNED UNIT DEVELOPMENT DISTRICT FOR THE NORTH SIDE OF CHELSEA ROAD TO FALLON AVENUE. Spartz clarified that this would apply to just this area and aSk.~Wl1y.this should be different from any other piece of property, what is unique,,~~~~t this property. Dragsten stated that the designation would give it flexibility. Gri~an~~ted that primary benefit is it allows City to manage what would go on the site,'I:I~sed orl::th~J,llix of uses currently in the area. Dragsten explained this would be us.e....~.~in. relationshiP.tP..,....t..he abutting an industrial use. Spartz stated that he is just cOII.,!;~~cl'~bout anotheri&' . district. Spartz stated that perhaps if we can't find ':li,~j~trict thatpts, perhaps, it 't,penefit the City. Dragsten noted that there is a B-2 vis .... 'n plac~;aJready on the e O'Neill stated that the PUD district could be structure 'eB"4 uses would be taken out, but leave in district site design requirements. The Commissioners discussed othe~'~~s~jble areas for .>::~PUD district and the flexibility a PUD District might give,Sp~~stated that it"p[Q.yraes another layer. Dragsten noted that perhaps it couldij~ di~',;m;";,'; Tuesday's meeting. ';), COMMISSIONE~~~J~ijT RESCIND.., MOTIO,; 0 CALL FOR A PUBLIC HEARING REeXRDINQ:THE AMENDMENT OF THE MONTICELLO ZONING 'fhY, >>-:'>,c.', << ORDINANOE~~~ THE <ll~EATION OF~.~.~ANNED UNIT DEVELOPMENT DISTRICT FOR~~.NO~T~::~IDE OF Cj'lELSEA ROAD TO FALLON AVENUE. ;hJHHm;L!!:;:' ....>>....;:;isifI:;filj~[I;jmtoi;A.'0.x:J;<>>' MqTION~~",09MMISt$J()NER VOIGHT TO RECOMMEND APPROVAL OF THE ~EQUEST FOR.A.<::OMP~fIENSIVE PLAN AMENDMENT AND REZONING TO *SCOMMODAT~.~ILLS~~~T FARM MOTOR FUEL STATION AND AC<!JS:SSORY USE~;:J;3ASEq.;ON A FINDING THAT THE PROPOSED LAND USE IS C()M~ATIBLE ~H nIE ADJACENT INDUSTRIAL LAND USE DESIGNATION, ANDWILL NOT HAVE A DETRIMENTAL AFFECT ON SURROUNDING PROPERTIES. Commissioner Spartz stated that he would perhaps have recommended tabling for more input from the other Commissioners. MOTION CARRIED, 2-1, WITH COMMISSIONER SPARTZ IN DISSENT. 20 MINUTES MONTICELLO PLANNING COMMISSION Tuesday, June 12th, 2007 6:00 PM Commissioners Present: Rod Dragsten, Lloyd Hilgart, William Spartz, and Barry Voight Commissioners Absent: Charlotte Gabler Staff: Susie Wojchouski Council Liaison Present: Jeff O'Neill, Ollie Koropchak, Steve Grittman - NAC 1. Call to order. issi9n meeting from July 3n1 to Jj~ 2. NONE. 3. >j 4. Rod Dragsten rovided a brief update, noting that the recommendations on the comprehensive plan and rezoning for the north and south parcels had been made at the June 5th meeting. Planner Grittman explained that this is a request for planned unit development and for a series of conditional use permits, and for preliminary plat. The Planning Commission reviewed the land use issues previously, including the comp plan amendment and rezoning request. The Commission had mixed recommendations related to the north and Planning Commission Minutes - 06/12/07 south parcels, which will go forward to the Council on June 25th. Grittman stated that the applicants have proceeded with a site plan request, which has come forward to the Planning Commission for review under the assumption that Council could approve the comprehensive plan amendment and rezoning, although there is no guarantee that they will. With a recommendation from the Commission, this application can then go forward to the Council in a single package with the recommendation on the comprehensive plan amendment and rezone requests. Grittman indicated that if the Council does not approve the comp plan and rezoning, these other applications become moot. So for the June lib meeting, Grittman stated that the PlanniJ:l,\;~eCfffun:1ission is asked to assume that Mills is successful in their comp plan and rez~~~lequest and that Council would then be in need of recommendations on these req!ll!~t~i!:,8Pttman stated that it important to refrain from discussion on the land use. 'i~Wf' '!ii!'!. Grittman gave a brief overview of the project. ere est is for the ,,~struction of a retail store south of Chelsea Road, which hem edge of tlf' t m parcel. The south parcel includes the primary ret tdoor storage Isplay. The south parcel also includes a separate parc lure development. A PUD is requested to incorporate a 2.5 acre parcel north sea. On that site, Grittman said that the applicant would constru eir convenience gas station and car wash facilities. They have asked for P ommodate jo e. Grittman indicated that the flexibility of a PUD is that, me variatio strict application of zoning to allow an exchange in the de$ign 0 ther a ect to offset the departure from the zoning ordinance. Grittman f~ni 'ission that with a PUD, the City should see a esigned prole~f'ihat exce., standard zoning regulations. In this case, the a ing flexibi1i~Th: in the siinage regulations and proof of parking arr ., d that, Grit~ stated that the applicants have proposed site plan as sho Cki~tm.illihma!cated tha ould hi t a few of the aspects of project, then work tlJiOugh staff n! After that, the applicant may have a number of comments. Gritt ~at the south site gain access from two points at C1lels~a to the main ing . The access goes around the building for trucks and buildil:\gpJaterials. tated that the applicant will not make use of Dundas going througB'fl!lShelsea, ra",er they show a cul-de-sac terminus. The applicant is looking for an area of~~4oor stgrage and display, enclosed by a screening wall. Grittman referred to the north P~~~~#Fstating that the site includes two full accesses from Chelsea into the convenience stqj;e: car wash. They have also provided for parking and stacking for the car wash. . As indicated, Grittman reported that the preliminary plat illustrates Lot 1, Block I for a primary retail facility, and a vacant Lot 2, Block I . The staff report found that a number of zoning conditions have been complied with. Grittman relayed that landscaping, in terms of numerical values, have been met. However, there are some circulation elements that have been recommended for change by the City Engineer. Grittman stated that the 2 Planning Commission Minutes - 06/12/07 staff report references other standards that have been applied to other PUD or shopping center designed projects. With that, Grittman referred to the conditions of approval. Grittman commented that staff recommended 18 conditions. Grittman reviewed the conditions noting that firstly, all approvals are contingent on the outcome of the requests for rezoning and comprehensive plan amendments. In terms of condition 2 as related to the signage request, staff's recommendation is to comply with ordinance. Although Ryan Companies received a larger sign, the site included a number oflarge and s I retail sites. In this regard, this site is more akin to WalMart, which was allowe ,e sign at a smaller height and area. Grittman stated that the requirement for ometric plan is a requirement for verification for submission. The appl( ovided a plan reflective of other sites. For condition four as related to exteri04cking, eans no racking of materials outside of building or outside of scree~~g,~an. Grittm ain referred to the W ai-Mart store, stating that their conditional u$peI111lt allowed ins king, and they needed to remove the racking outside of th ." wall iu,the exterior sto . The City worked on enforcement action to mO' acking;mside the iron fe . Essentially, Grittman stated that exterior rackin ... t\?s!l'l'~.ehclosed. For ndition five, the report identifies a shortage of parking. Grittm that staff believes that there is more than adequate parking. Th dinance has a re ent for satisfying demand, which can be met by proof of par is requires th )icaIJt to document that the actual supply is adequate, after a p that condlti~~ican be relieved. ,.'0' Grittman continued to condition six rege, he said that the code allows a specific amountwirn:tllemaximum b 100 sq eet, plus transfer from the anything left ~g~'theb~'~e of the PU The staff recommendation is that the applicant nQlex~~.~ 133 tQttll square feet si age on the convenience store. Condition seven reql'lires t e two acce ints be reduced to one at the north site. The wid fthat 10n~.:JI,pp , and given traffic volumes and the proximity oft oinlsl!M.~eighboaccess points, the City Engineer has ~. ende Ie acce~~1i.,::(]rittman noted that staff would support retaining two on /ssm~ south retail p . ThecQ.iIWtion requiring right turn lanes is a standard requirement ," 'a"lf.~>~ajor new Sl er. Gottman commented that .condition nine re~uires that the tem '. cul-de-sac:." he east end of Dundas Road, Just west of the Mills Fleet Farm buildin II be rec~tructed as a permanent cul-de-sac as part ofthis project. fJW 8 Grittman exp1Kat condition ten relates to provision for alternative paving materials, which are rec,y ended to identifY pedestrian areas and to avoid additional available outdoor storag~ areas. Staff have recommended that a similar treatment be utilized for traffic to and from parking areas. In relationship to this, condition eleven refers to subsequent issues where outdoor display crops up. AS such, Grittman commented that this condition recommends that any additional outdoor storage, sales or display will require a separate CUP. Grittman stated that the engineers have looked at the entrance to the future lot (Lot 2, Block I) and are looking to identifY a future access point, as with the reconstruction of 3 Planning Commission Minutes - 06/12/07 Chelsea Road, they would like to understand where future curb cuts will be. It is also recommended as condition thirteen that the applicant re-orient fuel pumps. Grittman stated that it is the opinion of the engineers that there is difficulty with stacking space due to access points on Chelsea, particularly with access limited to one point. They have suggested that the applicant flip the building and move it back to provide more stacking space. Condition fourteen requires that the applicant revise elevations to provide more vertical details. Grittman explained that the City had required facade i ovements at other major retail facilities, and it is staffs opinion that it is appro ,make same recommendations for this proposal, as well. Grittman co ted that condition fifteen is related to the architecture of car wash. Grittman not car wash will have a lot of visibility to the adjacent property and community, 'ven the amount of traffic. So staff are recommending some improv<;rti~... that b .. In regard to the silo and condition sixteen, the recommendation..pf staff as a compro is to allow the silo height, but alter the color scheme so th ./"'is less ogtrusive and mo ch acter with the area. Grittman noted that Fleet Ii ake" as an example. Concluding his review of the conditions, Grittm and eighteen relate to the City E . eer's recommen engineering points for site plan. Grittman stated that staff did not m staff believes that iftlJ:e Planning Co conditions are apPJ:9pl:i~t~,i ation. owever, he indicated that s approval, the eighteen listed ccess r<'iad continues a d the whole building. Grittman replied ing. Spartz inquired if there are any on for PUD is only for the parking and signage. Grittman stated relates to sharing of sign age between two sites. If the project were all on one sid, adjacent, and signage were not shared, proof of parking could be done by CUP. Sign ge is what kicks the PUD into play, Grittman said. He explained that the applicant can develop on two separate sites if each had own signage. Hilgart questioned how large the Home Depot and Target stores are. Grittman estimated Target to be 170,000 square feet and Home Depot at perhaps 130,000 square feet. He also ntoed that Walmart was about 215,000 square feet. Voight asked if staff were recommending the cap of silo to be white or cream, as in the plan it is shown as orange. Voight also sought clarification if it were white or cream, is 4 Planning Commission Minutes - 06/12/07 there a decorative orange band. Voight commented that the Commission could still recommend banding, even if recommending a white cap. Grittman responded that stated stafflooked at Lakeville as model in that recommendation. He said that the Lakeville silo is a little lower at about 50 feet. Voight stated that in the packet, the report seems to note that there is plenty oflandscaping. Voight sought verification on the ordinance language. He said that the way he reads the ordinance, 80 plant units are required per 80 lineal feet of property line. So, the buffer yard would have 80 plant unit per lineal foot, the landscaping shows 289 plant units. Voight stated that the ordinance further requires that the applicant provides half of the buffer yard. Grittman replj~d that Voight is correct in the way he is interpreting the ordinance. The applicant is J:Ili~ting the numerical standard for providing half of the buffer yard. Voight ask e ordinance always requires half. Grittman answered that fthe applicant is g adjacent to what is already a fully developed neighborhood, they would or a full buffer. Voight clarified that Mills wouldn't have to pro ven with UMC developed adjacent. Grittman explained that . landscaped buffer. Dragsten asked about a public sidewalk for the an stated that the sidewalk has been part of Council discussion as related to a Road. Dragsten asked about the construction and responsibility fore e right turn Ian . ttman indicated that they would most likely be coordinated.. e reconstructio s.ten asked if colored cement could be used as an alternat concrete. an answered that the intent is to actually provide a tactile . ble t rivers and a textural change for the pedestrian. It serves as a remir! low down through those areas. Dragsten stated cern is that concrete ends up being a dirt collector. S~~jiiStitI!:\:'li~ffress omml on behalf of the Chamber of Commerce. She explained thalth.e.Board . ectors, which is made up of 12 diverse business members, /~~imously appro~~d a res "regarding the item for decision, with II of the 12 present for a vote oiitQ.e resol on. Perry Slonecker, Best Westeran Chelsea Iun & Suites, spoke to the Commission. Slonecker indicated that ifhe would have been told that the first time he would address the Commission was in support of denying a Mills Fleet Farm, he would not have 5 Planning Commission Minutes - 06/12/07 believed it. Slonecker stated that he encourages the Planning Commission to deny the request for the CUP proposed on Chelsea Road. He said that although he is delighted that Mills is coming, he is affected by industrial properties and the assumption that it would remain as such. He reported that this spot zoning would impact his business. He indicated that his business is built on the premise that it would be light industrial, which he stated that he needs to survive. He recommended that the City should put their heads together to find a creative way to bring Mills to town so that everyone can work together. Bruce Buxton, representing Mills Fleet Farm, stated that he wo detailed outline ofthe proposed use and their project. He co to obtain a recommendation of approval on these requests has already recommended denial of the comprehensive the plan, they are ignage and car Buxton noted that their request does ask for PUD,~~b ity. As proposing a retail store with parking, a merch is~ y~td, gas store, wash. He reported that the site was chosen base ation atitl,access, and no t the area population in and around Monticello is a draw O(.Flg&tFarm. There a supporting transportation system, both on and off the freewa major thoroughfares. Buxton stated that they have looked for d r sites, but beca . the size, shape and the site and the interferences present on other ne have suite 'thllir us~. Buxton remarked that in their view, this store is in line WI e City's plaffii~lh the interchange. He commented that it is reasonably com f mixed uses present in the area, and noted that the Cit had already re Home Depot on the other side of the interchang Buxton p:es~, '..p....,...,h. ..0.,. to o.....'.,f,.,..,.i...t..th...,..., ,..,e.,. ,..a:e.. a illus ...J:i. !.,:.!!n.,g. the. project locations wi~h access points. The eXlstmg condns shdwa WIde open ~8'flat sIte. In terms of archItecture and material uxton sfiit~tfi~ttii~construl;;tfun is exactly the same as some of their <,\:>',;L ,.J'<C >>,;:n<J:f;iiiiWJ dicatedJlIilt Mills' i~'Mupgrade to many because it is a new building. differ~tuses on the two sites, stating that the project is more like a t waJ.f~,m.1:!esaid that they intend to have a yard entrance to control liverie~? The entire merchandise yard perimeter will include a noted that the parking stalls provided are sized larger, as most rive pick- . or have boats. %)::. (the site will have 17 fully automated fueling points. He e landscaping provided is more than complaint with landscape requirements. eferencing the signage proposed, Buxton references again the various site elements in terms of considering the area as a shopping center. Commenting on the building aesthetics, Buxton stated that he had some concern with staff's comments. He said that these are highly detailed architectural pre-cast panels. The wall system is exposed aggregate, in buff and plum tones. The front fa9ade includes three architectural fenestrations with EFIS that is white and chamois in color. The c-store is rock face block, with prefinish grout. Nothing will be painted; the dome and trim will be pre-finish 6 Planning Commission Minutes - 06/12/07 in orange and dark brown. Buxton noted that the orange has been their corporate color since 1955. Buxton presented a color palette to the Commissioners. Buxton eXplained that the Lakeville store mentioned is a remodel and couldn't handle the structural requirements for a taller silo. Buxton remarked that they don't think white looks good, as everything white gets dirty. He said that white has more maintenance than anything that has color. Orange is the most appropriate for this site. He stated that the silo is covered in EFIS with scored joints to make it look like a silo. Buxton reviewed slides illustrating the store layout. He indi information on the quality of the building being talking a building is a mall without walls, which carries many 0 department stores, and many items they don't. Buxt stores. He stated that the proposed store is 273,0(X)ij~q .e feet, <F*.,.J~c:..:..:. in retail, with back up for storage that cannot er'on the Hoof. Referring to the convenience store, Buxto , ge of five grades of fuel and convenience merchandise. ."I.1,~g~lhpresented pic es of other new stores. He reported that the car wash is consfrQ.$1;~ of pre-cast panels because car washes are strong environments re block does ndt.iJ1l:M up as well as pre-cast. He stated that it is the same architec ase as on the"!,,' fthe building. In terms of the storage yard, Buxton two by six treated IlIIl!:b~; the only m He indicated that itj~;fypi~lly white. ,.<<..... ''''''''>1;;>i: erimeter view. Exterior backing is o provide weather protection. Buxton revier~~;Jhe Sign~~~ stating that in sign is proposed to be located on the north parcel. The ," '1 st<;,~~.J:t~~ building I s and logos, as does the c-store. The car washh~~~I"I1.~nu bo ll~ddireq~~s!~ ge. Buxton illustrated a typical free standing sigp,Fstating~lll.,.~eynot have a readerboard shown as there is no benefit with the f!"~way at 70riiphtcGas includes a monument sign. Buxton stated that he believes .i.'tJ:l;~ signage is prop~mpnatesize and shape of building. ":".:.,-'.. ",',,<:.:. ,:>:: :,,<<><> coillt91.,paison w ojc~~uski [eft the meeting. Buxton al~Q;Bwvide~ji2omments on the staff report conditions. Regarding the comp plan and rezoning;~l;stated that thee understand these requests are contingent. For the main sign, he indical~ that they are concerned that a lower sign with landscaping will not do the job. Buxton referenced the landscaping requirements. In terms of site design for the north side, he noted that there is an 85 foot easement, which they need to keep off of. Buxton reported that Fleet Farm has complied with landscaping requirements. On the submittal, they have provided for 100% of the required plant units without regard for what anyone else has provided. In total, on these sites there are 5,198 plant units all the way around the perimeter, Buxton reported. He said that a photometric plan has not been submitted specific to this site, as. it changes too many times prior to building permit. 7 Planning Commission Minutes - 06/12/07 However, Buxton said that they are happy to comply at time of detailed review. He noted again that the site's stalls are larger than required, at 10' by 20'. He explained that if they were re-striped, they would have made up the deficit in parking. HE indicated that there is plenty of room to provide for more parking in the event more is needed. Buxton stated that in relationship to convenience store signage, he believes that they can work with staff to adjust signage as requested. Buxton stated that they do not think one access is reasonable.f\lffue.fuel station. One access will result in huge congestion and people not getti~g'iI1and out of the site. Buxton said that they have sufficient turn lanes and which the),".i!:leIre"~.t()be appropriate. One access creates a problem for tanker truck maneuvering{iWBuxtoi\l~lli?ated that they concur on the need for right turn lanes and asked . to be incli1ded in the Chelsea Road project. Buxton stated that in regard to ary cul-de-sltCMi',tl1~y felt like they were doing the City a favor. He stated that ed at the confi~\lt.ions to determine how this condition impacts th . . '.. .... . ual maintenance issue. He e. Additionally, there is a s. He stated that they work -if hey do have pedestrian i1ling to work with the Buston stated that pavers or scored concrete beco explained that Mill's puts stops s' s in front of ev snow and ice problem which can lot of slips an very hard to identify traffic control. . as approp ramps, which they think are importafllt, H they a~ City to come up with something.' <Hi' ",., , that they haven't identified any specific at they will . ,~?,things typical to convenience stores, er than that, lii~: stated that they don't put things outside as en asked about a garden center. Buxton vendor that provides plants, trees and shrubs. ,"'<.J'- _ .~<-.-.; . -"'/.' ~~ton stated th'~f'!~s.parkirl .g designed for the Christmas season and that they have %t~~ly never had ~~oblem.# th parking. Regarding that Lot 2, Block I access condi~~R" having n\l.t?ea what will go there, at this time they have no idea where to put it. As 'lll1,'~RiPneer, he$aid that he can guarantee if is put it in, it will be in the wrong place. WIi~,~?metJW1g goes in, he stated that removal of the curb is part of any approval of the next pl~f'i:~uxton stated that they are willing to work with the City on that, but believe it is preqiature. Buxton indicated that they understand the fuel pump orientation request. He reported that they had looked at the orientation recommended and found it takes up more depth than available. Again discussing the architecture, Buxton referenced the four elevation rendering. He said that they had worked hard at comers and mid-points to provide differentiation. He commented that he thinks there is a lot of quality color and fenestration. As discussed with the car wash materials, they used the same exposed aggregate and pre-cast for durability and looks. Buxton said that he understands concern about facing the freeway. 8 Planning Commission Minutes - 06/12/07 However, it is important to note that with the screening around the side, the building size and the traffic speed, it is unlikely that vehicles will even see the building, let alone the doors. Buxton again noted that the silo shown includes the corporate colors for identification. Buxton reported that the International Building Code requires maintenance of 60'clear all around building. That is maintained all the way around this building. Back side is controlled by fence with a notch box for fire department access anywhere they want. For drainage, Buxton reported that there are two city ponds, one on st as part of the property, and the other on south side, extending onto school):. They had obtained information for capacity from the City and provided the' gineer with storm water calculations to show they will comply. The ponding is e this size of development. The only item not sized was the north City requested to run to pond on west side of building, which is not a Buxton made himself available for question '''''''' 'UI"''' c'condition. Bux n replied that preserving that access. He . dn't want retail traffic going t:I1 dOl':sn't have any comment planned for Lot 2, Block 1 at ff reco nded that C-store and car wash g have not been able to work. In a staff has told us them they don't need the other s ould be ideal. Dragsten indicated that he .,!ccesses at the convenience store. Dragsten stated that he rs on h.~J:l;Il:de-sac issue. Dragsten stated that he agreed with vers an,tfsuggested there may be some sort of alternative that can sked for by staff and acceptable to Mills. entec.j;A at for the design of the car wash, they City has had situations ;IiV' 'Ve been put on 1-94 have not turned out the way it has expected. Therefore, this e is taken this very seriously. Regarding the building itself, Dragsten stated that he lielieves all these materials are high quality. However, it is such a big building, he stated that he has trouble relating in terms of scope and scale. He said that in trying to visualize the building, he doesn't know how it will break it up, and that is a concern. Buxton suggested that if the Commission would like to see a building, they have locations with this building in Appleton and in Rochester. Dragsten commented that speaking for myself, it is a big concern that this is going to be a high-profile building, is going to have a lot of interstate exposure, and so the City needs to make sure that what is represented is what the City will get. Buxton responded that the building is an owner 9 Planning Commission Minutes - 06/12/07 occupied building and is not put up on spec. Buxton stated that the owners are doing a lot ofthings to make this a quality project. Dragsten replied that it is a nice looking store. O'Neill noted that Council Liaison Wojchouski was unable to stay due to prior commitments, but had indicated that she was in favor of leaving the dome the corporate colors. Voight referred to the proposed pylon at 400 square feet and 50' tall. Voight asked if the issue for Mills is the height or area. Buxton answered that it is . ortant that people can read the sign and move over to exit at the appropriate freew uxton explained that they think they will draw customers from 50-60 mile Voight commented that he is in favor of silo height and color. He suggested th that 32' for the sign height may be a little low. Dragsten stated that prett e else in that corridor is at the 32'. O'Neill stated that while Ryan is higher, it allowed.,through the am footage, and the fact that none of the 7 user oppo ity to have a p limited to a monument sign. He noted that oth . s. in other are ave been grandfathered in. Dragsten commented that overa ....." City has been pretty consistent in ight noted that RY@'s sign is right on freeway. ility standpOl meother formula may be as there m . "~'an opportunity to come to look;af something in between. . Yapprove higher heights and s to be a e bigger. He recommended variances and preferential treatment. i taking up space; he just questions how ey have other advantages, including their side of building. Dragsten stated that s in co ing sign proliferation, there isn't a lot of sign not be what they're requesting, but there is not a lot in ~n if not quite as big. ,i.'..'>>.... ''<'.!:'::. ,.....', d."....-' ('''. -",',:0,-' ".qnn .,. Stuilli!LMills, owner of'~ills Properties and Mills Fleet Farm, provided comments to the Corrnriis~l~n. Mills e~plained that he and his brother Henry started Fleet Farm in 1955. Mills provi~~ background on the origins of the company, which began as a fleet store, serving the f~e~,..me stated that is the basis of the company. For years farmers have been very 10yaFiffid Mills is recognized as the farm store. Mills explained that is why the silo is so important as it represents the basis of their business. Mills stated that part ofthe reason for choosing Monticello as a site, is because Monticello serves a great farm area, and a great community, Mills stated that he thinks they could be an asset. He commented that when the City opened the interchange, this area become a commercial location; it is no longer an industrial location. He cited Target across the interstate. Mills remarked that Monticello is centrally located, which is key factor for them. 10 Planning Commission Minutes - 06/12/07 Mills stated that he knows the Chamber has reasons for what they have to say, although he disagrees. He noted that this is the first time they have had a Chamber that didn't want Mill's to locate in their community. Mills stated that they are not a public company, and that they are honest, fair, considerate, and that they work hard. Mills references the variety of goods carried and introduced his wife Sandra, who designed the women's boutique in the store. Mills stated that Monticello represents a large trade area for them. Mills thanked the Commission for their consideration and thanked that staff and for their work. He concluded by stating that Mills Fleet Farm would lik~;~9 be part of the community. . ..' . Hearing no further comment, Chairman Dragsten clos~sJ,,&1i The Commissioners discussed the items in exhib. there should be some sort of compromise on they would support striking the requiremen stated that he agreed with Buxton in rega orange for the dome and that he did not have Hilgart stated tha Voight indicat unsure on th,~ would also strike unsure .~!19W the co itemtift~~'. ,."...., hight indl",,<< that he thought . Hilgart anQ.,~t~gsten stated that ne ac~ss on the north'$it...e.',..D.....,.~agsten @''''2'+;:''b'', ers. H art stated that he,li'kes the e building design. Dragsten questioned that if going look like. He stated that while it from the pictures. He recognized building of that size. the Commissioners want it to ard d back, it is hard to tell ore to be done with a es they coul ... cond\, n 14 relating to building design. d strike 7, n'quber 10, and number 12. He stated that he is but is hapPY::1iI''f~~all with the design. He stated that he nt to change.tne dome color. He indicated that he is also sign of the back of the car wash, which is -along the interstate that the City was not happy with on side of caution and leave that in. Grittman reported that in reviewing the conditions, it appears that Mills and the City agrees on 9 of 18 conditions, which were 1,3,4,5,6,8, 11, 17 and 18. Grittman said 11 Planning Commission Minutes - 06/12/07 that there are some issues to clarify on number 9, which relates to the cul-de-sac. He stated that it looks like the Planning Commission is at least leaning toward striking 7, 10, 12 and 16. Essentially, Grittman stated that leaves four items yet to resolve Grittman stated that regard to item 2, there is some discussion about some kind of compromise, For items 13, 14, and 15, the discussion has been mixed. Grittman stated that the last four are those that need the most clarity. Dragsten stated that he doesn't recall what was done on other PUDs for signage, but noted that some of those were grandfathered in. Dragsten commented that for him, ifthere is eason to make a change, it needs to be an ordinance issue. In relationship to~ience store orientation and fuel pumps, he would recommend workin staff. For 14, he noted that the same discussion was held with the review oft proposal. At that time, staff sat down with the architect to make subtle odifications. He noted that they didn't create any great hardship. m terials. >", he een required Grittman noted that the applicant has also p~~*[ded mOrel) clarity on bm Dragsten asked if staff would be comfortaBte,~th Com',. sion's directio building design. O'Neill stated that staff would i ith what haSc on other bix box sites. "i;;d MOTION BY C ~ISS~~'1':I8~ VOIGH RECOMMEND APPROVAL OF THE FOR COl'j~WTST~~~i~t"i:P EVELOPMENT STAGE PLANNED MENT;AND PREEtMINARY PLAT APPROVAL FOR THE ENTIRE FINQlt"iP THAT THE PROPOSED USES CONSTITUTE A AS romlQWIRED BY PUD AND ARE NOT CONSISTENT F THE B-4 AND B-3 DISTRICTS, SUBJECT TO THE ED IN EXHIBIT Z AS AMENDED. CO]1llcil the comments of ..~ and then to discuss Grittman noted that the important the Commission. Staff can work modifications. Dragsten restatedt,l:U(t't!1:t\.$$discussion is condition 1 . s list:;;i)' on the land use decisions, which , motion language should be that the proposed uses "are MOTION AM NDED BY COMMISSIONER VOIGHT TO RECOMMEND APPROVAL OF THE REQUEST FOR CONCEPT STAGE AND DEVELOPMENT STAGE PLANNED UNIT DEVELOPMENT AND PRELIMINARY PLAT APPROVAL FOR THE ENTIRE SITE, BASED ON A FINDING THAT THE PROPOSED USES CONSTITUTE A SUPERIOR PROJECT AS REQUIRED BY PUD AND ARE CONSISTENT WITH THE INTENT OF THE B-4 AND B-3 DISTRICTS, SUBJECT TO THE CONDITIONS OUTLINED IN EXHIBIT Z AS AMENDED BELOW: 12 Planning Commission Minutes - 06/12/07 Recommended Staff Conditions agreed to by Applicant and adopted by Planning Commission: 1. All approvals are contingent on the outcome ofthe requests forrezoning and comprehensive plan amendments submitted by the applicant in April, 2007. 3. The applicant shall submit a photometric plan specific to this site, demonstrating readings not to exceed one footcandle at all property lines. 4. No exterior racking shall be permitted an r 117 parking stalls. In e City may require 5. The applicant shall provide proof 0 the event that parking becomes construction of all or a portioI1"!j)~,,t1i: W+>:>;:i> 6. Wall signage for the convenience store shall be redu 133 square feet. ...... t 8. Right-turn lanes shall be pre> Road. II. No outdoor request and re Use Permit. .. . ,"L ^,' 17. The applicant srui~.cOI}IJlI~' ommendations of the City . eer, as outlinl%liin his memCJ. . ted June 4, 2007. 'I . licant shall veqfy the directional arrows and directional labels on s. eleted by Planning Commission: ccess towards the east side of the north of Chelsea Road will big ox retail site plans shall be revised to include the use of and scored concrete in pedestrian crossing areas and in handicap areas ofthe parking surface. Pedestrian ramps shall also be provided for the entire POD site as required by the City Engineer. 12. The entrance to the future lot (Lot 2, Block I) shall be shown conceptually on all plans. 16. The cap of the proposed silo shall be white or cream in color, as opposed to orange. Recommended Staff Conditions to be resolved as part of Council action: 2. The applicant shall reduce the size of the proposed pylon sign so as not to exceed 200 square feet in area, nor 32 feet in height. 13 Planning Commission Minutes - 06/12/07 9. The temporary cul-de-sac at the east end of Dundas Road, just west of the Mills Fleet Farm building, shall be reconstructed as a permanent cul- de-sac as part oftms project. 13. The fuel pumps at the motor fuel station shall be re-oriented to be perpendicular to Chelsea Road to provide more stacking space. MOTION BY . IS CONDITIONAL (rg"), TH&P~OP~~&]) US D. ..IS. TRICTAND.. .....:.S.. ..UB.. J LISTED IN ExHIBIT Z. 14. The applicant shall revise all elevations for the big box retail store to provide additional vertical details, roofline variations, and materials in contrasting, but coordinating colors. IS. The applicant shall revise the car wash building materials with more visual.~" 2, Block 1. f,,; ~0 AMENDED MOTION SECONDED BY C CARRIED, 3-1, WITH COMMISSIONE MEND APPROVAL OF THE OOR STORAGE, BASED ON T WITH THE INTENT OF 'IONS OF APPROVAL . MOTION CARRIED 3-1, ER VOIGH1'iirwo RECOMMEND APPROVAL OF THE WASH, BASED ON A FINDING THAT N WITH THE INTENT OF THE B-3 o THE AMENDED CONDITIONS OF APPROVAL " ~.~.., MbrrfQ.N SECONDE1D BY COMMISSIONER HILGART. MOTION CARRIED 3-1, WITH GOMMISSIONER SPARTZ IN DISSENT. 'iT?:;'" !':>- MOTION~~:~9MMISSIONER HILGART TO RECOMMEND APPROVAL OF THE CONDITIONAE'USE PERMIT FOR A MOTOR FUEL STATION/CONVENIENCE STORE, BASED ON A FINDING THAT THE PROPOSED USE IS CONSISTENT WITH THE INTENT OF THE B-3 DISTRICT AND SUBJECT TO THE AMENDED CONDITIONS OF APPROVAL LISTED IN EXHIBIT Z. MOTION SECONDED BY COMMISSIONER VOIGHT. MOTION CARRIED 3-1, WITH COMMISSIONER SPARTZ IN DISSENT. MOTION BY COMMISSIONER VOIGHT TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT FOR MINOR AUTO REPAIR, BASED ON A 14 Planning Commission Minutes - 06/12/07 FINDING THAT THE PROPOSED USE IS CONSISTENT WITH THE INTENT OF THE B-4 DISTRICT AND SUBJECT TO THE AMENDED CONDITIONS OF APPROVAL LISTED IN EXHIBIT Z. MOTION SECONDED BY COMMISSIONER HILGART. Dragsten noted that the stated that the motion references B-4, but that the report references B-3. Grittman noted that the B-4 incorporates the standards and uses in the B- 3 District. MOTION CARRIED, 3-1, WITH COMMISSIONER SP Dragsten stated that he believes these decision are re want to see Mills come in, but also give the staffJ!g~sti 15 Commission does eSlgn. v NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231 .2555 Facsim ile: 763.231.2561 planners@nacplanning.com PLANNING REPORT TO: Monticello Mayor and City Council FROM: Kimberly Holien DATE: June 20, 2007 RE: Findings of Fact- Mills Fleet Farm Rezoning and Comprehensive Plan Amendment NAC FILE: 191.07-07.23 FINDINGS OF FACT APPROVAL OF A REQUEST FOR REZONING OF A 2.38 ACRE PARCEL ON THE NORTH SIDE OF CHELSEA ROAD EAST FROM I-IA TO B-3 AND A COMPREHENSIVE PLAN AMENDMENT I. The subject site is consistent with classic commercial land use characteristics. 2. The existing surrounding land uses are not exclusively industrial. 3. The requested action would not result in spot zoning. 4. The highest and best use of the land is commercial, as the City has a limited amount of land available with direct freeway exposure. 5. The highest and best use of the land is commercial due to the fact that the construction of the CSAH 18 interchange has changed the nature of the area, adding freeway access and higher traffic volumes. 6. The increased traffic on Chelsea Road will not have a detrimental effect on existing properties. 7. The request will not cause land in the area in which it is proposed to depreciate. 1 \IV NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com PLANNING REPORT TO: Monticello Mayor and City Council FROM: Kimberly Holien DATE: June 20, 2007 RE: Findings of Fact- Mills Fleet Farm Rezoning and Comprehensive Plan Amendment i 191.07-07.23 NAC FILE: FINDINGS OF FACT DENIAL OF A REQUEST FOR REZONING OF A 2.38 ACRE PARCEL ON THE NORTH SIDE OF CHELSEA ROAD EAST FROM I-IA TO B-3 AND A COMPREHENSIVE PLAN AMENDMENT 1. The subject site is currently designated for industrial land uses in the City's Comprehensive Plan. 2. The Comprehensive Plan calls for higher quality light industry near tl1e school campus and with exposure to the interstate. 3. The introduction of commercial land use will be detrimental to the existing industrial properties, and may affect the future value ofthese properties. 4. The existing industrial use is the highest and best use oftl1e land. City Council Agenda- 06/2512007 10. Consideration of a request for Comprehensive Plan Amendment to re-desi2llate industrial land use to commercial land use in the area south of Chelsea Road East and a request for Rezoninl!: from I-IA (Lil!:ht Industrial) to B-4 (Rel!:ional Business. Applicant: Mills Fleet Farm (NAC). The Planning Commission considered this item at their May IS' meeting and, after a public hearing, recommended tabling the request for rezoning and a Comprehensive Plan Amendment to allow the Commissioners additional time to thoroughly review information provided. The Commission heard this item again at their June 5th, 2007 meeting and, after a second public hearing, recommended denial of the request. The vote was based on a 2-1 vote, as two members of the Commissioner were absent. The Commission discussed the potential impact on existing industrial property owners, primarily in terms of traffic impacts and future property values. The Commission also discussed alternate B-4 sites within the City. The Commission inquired if the applicant had considered any other locations in the City. The applicant stated that other locations within the City had been considered, but none were found to be appropriate. The Planning Commission also discusseJ the existing transportation facilities, particularly the CSAH 18 interchange, and surrounding land uses and zoning designations. The Commission considered input from the public through the public hearing process at both meetings, and after considerable discussion, recommended denial of the request on a 2-1 vote. A. REFERENCE AND BACKGROUND Mills Fleet Farm has submitted an application for a request to rezone a parcel on the south side of Chelsea Road East from I-I A, Light Industrial, to B-4, Regional Business. The applicant is also requesting a Comprehensive Plan Amendment to change the land use guide plan from Industrial to Commercial. The subject is 33.66 acres in size. The above applications are requested to accommodate a 235,000 square foot Mills Fleet Farm retail building. The current use ofthe site is fallow agricultural land. The current application is for the Comprehensive Plan Amendment and Rezoning only. If the City recommends approval of the requests, other land use approvals would be required. To accommodate the use, the applicant shall also be required to obtain a Conditional Use Permit for Outside Storage and Display for the main store, a Conditional Use Permit for a Comprehensive Sign Plan, and Preliminary Plat approval. All additional approvals must be processed as separate applications and evaluated on their own merit. Comprehensive Plan. The subject site is currently guided for industrial land use in the Comprehensive Plan, which was adopted in 1996. The policies of the Comprehensive Plan regarding Economic Development are as follows: . The purpose ofthe City's economic development activities is to broaden the City's tax base. . Monticello will target high quality businesses for its economic development programs. 1 City Council Agenda- 06/25/2007 A Comprehensive Plan update is currently underway. The Comprehensive Plan Task Force has considered the issues of a potential land use change in the subject area. Individual input of the topic has been mixed. As such, the task force has not formally recommended that the City change the goals and policies of the Comprehensive Plan as part of the update process. In specific reference to the subject site, the Development framework portion of the Comprehensive Plan states that "industrial areas in the southeast will infill, with a continued focus on higher quality light industry near the school campus and with exposure to the interstate. " According to the current Comprehensive Plan, the City has 199 acres of I-I zoned land, comprising 5.7 percent of the total area of the City. A more recent calculation performed by City Staff found that the City currently has approximately 135.5 total acres of industria 1 1 and (I- 1,1-2, and I-IA) available. Specifically within the Monticello Commerce Center, 67.5 acres of industrial zoned are available. The current Comprehensive Plan also states that, at the time of adoption, 113 acres ofB-4 zoned land was available in the City. The update to the comprehensive plan discusses the options for designating additional industrial-zoned land at various locations in the orderly annexation area. Designating additional industrial-zoned land would be vitally important for the City to consider upon any rezoning of the subject site to maintain the total acreage of industrial-zoned land in the City. The Council should note that it was not possible to delay the decision to first allow the comprehensive plan update to be completed, due to State statutes which require the City to take fmal action on a request within a set time period. (The applicant can request an extension.) Traffic. WSB & Associates, Inc. has prepared a draft Environmental Assessment Worksheet (EA W) for the site, and has summarized existing conditions on Chelsea Road and future traffic forecasts for the proposed Fleet Farm use. All development related traffic will access Chelsea Road to enter and exit the site. The existing corridor is a two-lane facility. However, Chelsea Road from Fallon Avenue to CSAH 18 is planned for reconstruction in 2007 as a three-lane facility. A roadway analysis was performed for Chelsea Road from Fallon Avenue to CSAH 18 as part of the EA W. For purposes of this study, operations were analyzed for the improved three-lane roadway. Chelsea Road currently operates as a local street, but is designated and is planned as a major collector. It currently carries an estimated 3,650 vehicles per day. The future analysis of Chelsea Road estimates that the proposed retail user will generate approximately 10,400 vehicle trips each day. According to the Institute of Traffic Engineers Trip Generation Manual, general Light Industrial land uses produce 51.8 vehicles trips per acre each weekday, and 8.73 trips per day on weekends. Therefore, if the current zoning remains, the 33.66 acre site could be expected to generate 1,744 vehicles trips per day on weekdays, and 294 trips per day on weekends. In summary, a commercial land use designation is expected to generate 6,750 more trips per day than an industrial land use. It is not known how daily peak traffic patterns for both uses will interact or intersect without further study. The peak traffic demands for the uses may offset potential conflicts. 2 City Council Agenda- 06/25/2007 The HCM analysis typically provides results in the form of a letter grade from A to F, otherwise called level of service (LOS). The letter is meant give a qualitative estimate of the operational efficiency or effectiveness. The system is set up similar to a report card, with A representing high quality operations and F representing poor operations. At LOS A, motorists experience very little delay or interference. The level of service at the intersection of Chelsea Road and CSAH 18 is currently an A grade. The introduction of the proposed commercial user would increase the future level of service at this intersection from an A to a B. Economic Development. From an economic development standpoint there are additional considerations when evaluating the highest and best use ofthe site. Said considerations include creation of livable wage jobs from industrial users, retention of existing industrial users near the subject site, and future market value of existing industrial land and buildings in the area. It is fair to assume that wages for industrial employees are higher than those for commercial employees. However, it is also fair to assume that industrial development will take longer to occur than commercial development. One of the reasons that cities do commercial and industrial development is tax generation. Based on the information collected by City staff, building valuations for B-4 users and I-IA users are comparable. However, overall, it is difficult to quantify the any economic development advantage of one land use over the other. A comparative analysis of building and land use values for B-4 commercial and I-IA industrial properties has been prepared by the Finance Director and Economic Development Director, and may be found attached. History. In the past, the City has rezoned property from industrial land use designations to commercial land use designations on numerous occasions. Examples of such rezoning include rezoning of the 74 Hoglund property from 1-2, Heavy Industrial to B-4, Regional Business and PS, Public/Semi-Public and rezoning the 30 acre Monticello Marketplace site from I-lA, Light Industrial to B-4, Regional Business. ANALYSIS In the following sections, information relating to both support of the re-designation to commercial and support of maintaining the current industrial designation are discussed. A. The following is a summary of factors that support the request for rezoning to commercial as an appropriate use for the site. These issues are intended to serve as a guide for the City in evaluating the requests. 1. Location of industrial with current transportation facilities and development pattern. The site is located south ofI-94, and west ofCSAH 18. Due to the construction of the CSAH 18 interchange, the nature of the Chelsea Road area is shifting to a high traffic area which is easily accessible from Interstate 94. This interchange was not in place at the time the Monticello Commerce Center industrial park was developed, or at the time the current Comprehensive Plan was adopted. The interchange has encouraged commercial development on the north side ofInterstate 94, including the Union Crossings Development, which contains Target and Home Depot. 3 City Council Agenda- 06/25/2007 In that regard, staff believes it is important for the City to consider what land use designation would have been deemed the highest and best use of the land had the interchange been present prior to development. The subject site, as well as the vacant land on the north side of Chelsea Road, currently has freeway exposure and accessibility. However, freeway exposure for any property on the south side of Chelsea Road could be restricted with future development on the north side of Chelsea Road. The City has a limited amount ofland abutting Interstate 94, and should carefully consider what type of development they would like visible from the freeway. Commercial and industrial uses tend to have very different characteristics and aesthetics. While the Monticello Commerce Center industrial park does have private covenants to instill control over aesthetics, industrial uses are generally more inclined to utilize outdoor storage, generate noise, and construct buildings that hold functionality as a top priority, rather than aesthetics. Commercial uses are less intense and typically more aesthetically pleasing. In that regard, the City should consider which land use designation is more appropriate for freeway exposure and access. 2. Surrounding parcels demonstrate a mix ofland uses. The subj ect site is bordered by the Monticello Industrial Park to the east, office uses to the west, vacant 1-1 A zoned land to the north, and the Monticello High School to the south. While no formal requests have been submitted, without presupposing the City's intent, widely accepted planning precepts suggest that the land on the north side of Chelsea Road is likely to be converted to a commercial land use designation. The freeway exposure and layout ofthese parcels are consistent with classic commercial land use traits. Fleet Farm has stated that they are pursuing the purchase of a 2.5 acre parcel on the north side of Chelsea Road, directly across from the subject site, for their gas station use. However, the depth of the parcels on the north side of the road is not sufficient to accommodate the main retail store. A formal request has been received regarding rezoning of this parcel from I-lA, Light Industrial to B-3, Highway Business. This request is being considered as a separate application. Existing land uses surrounding the site include the following: . Office uses to the west, zoned I-IA and 1-1. . Monticello High School to the south, zoned R-I. . Ultra-Machining Company, Inc. (UMC) to the east, zoned I-IA. . Vacant land to the north, zoned I-IA. The office use to the west is a compatible land use in that it is commercial in nature. The Monticello High School site to the south adds to the mix ofland uses, as it is zoned R-I, Single Family Residential. The parcel to the east of the site is zoned I-IA and contains a machining facility. Due to the mix of surrounding land uses, any change to a commercial land use designation would not be characteristic of spot zoning. It should also be noted that the land east of the site on Chelsea Road, adjacent to the interchange, is zoned B-2, Limited Business. B. The following is a summary of factors that support maintaining the Light Industrial land use designation on the site. Again, these issues are intended to serve as a guide the City in determining whether the requested commercial land use designation is appropriate or inappropriate for the site. 4 City Council Agenda- 06/25/2007 1. An increase in traffic on Chelsea Road generated by a retail commercial use may cause conflicting traffic patterns between retail commercial users and industrial users. As indicated above, a traffic analysis has been performed for the site in reference to a potential retail commercial user. That study found that the proposed retail user will generate 11,179 trips each day. Also as noted previously, a commercial land use designation is expected to generate 8,256 more trips per day than an industrial land use. Commonly held planning precepts recognize a conflict between commercial retail traffic and industrial, or truck, traffic. Mixing industrial truck traffic and retail traffic creates conflicts for both. Retail traffic may impede truck traffic due to the nature of turning movements, time and distance necessary for acceleration, and the general number of retail vehicles expected on Chelsea Road each day. Likewise, wide turning movements and slow acceleration of industrial truck traffic may hinder retail traffic. 2. Alternate sites exist within the City that are zoned and guided for commercial use. Sufficient vacant parcels of similar size required for this use are available within an area zoned B-4 along Highway 25, although there may be site constraints associated with those parcels. Land adjacent to Highway 25 does not provide freeway exposure, as sought by the applicant. However, Highway 25 does carry a great deal of traffic and provides the opportunity for commercial exposure. 3. Incompatible land uses may affect the future value of industrial property. The introduction of commercial users adjacent to an industrial park may cause the future value of the industrial property to depreciate. Again, a commonly held planning precept recognizes that conflicting land uses, such as commercial or residential, in close proximity to industrial zoned property may affect the future value of that property by changing the nature of the area. As a general rule it can be expected that a large commercial retailer would increase property values in the area. However, this impact will have a varying effect depending on the nature of the surrounding properties. Those properties that are in a position to be redeveloped may benefit in the near future under an alternate land use designation. However, for those property owners that have recently made significant investments in their property with the notion that it would remain industrial, there is the potential that the introduction of a commercial use may have the opposite effect. B. ALTERNATIVE ACTIONS The Planning Commission recommended denial of the request for comprehensive plan amendment and rezoning for the south side parcel. 1. Motion to deny the request for a Comprehensive Plan Amendment and Rezoning, based on the findings for denial included as Exhibit W of the June 25th, 2007 City Council report.. 5 City Council Agenda- 06/25/2007 2. Motion to approve the request for a Comprehensive Plan Amendment and Rezoning to B-4, Regional Business, to accommodate Mills Fleet Farm retail store, based on the findings for approval included as Exhibit V of the June 25th, 2007 City Council report.. If the City chooses to rezone the land to B-4 (Regional Business) as requested by the applicant, the designation would also allow for a number of other retail uses, including big box commercial, in the event that Fleet Farm does not pursue the site, or vacates the site at any point in the future. 3. Motion to recommend approval of the request for a Comprehensive Plan Amendment and Rezoning to accommodate the proposed Mills Fleet Farm retail use from I-IA to PUD, based on a finding that the proposed land use is compatible with the adjacent industrial land use designation, and will not have a detrimental affect on surrounding properties. In regard to the proposed motor fuel station use, the City may recommend that the applicant pursue purchasing the 2.5 acres on the north side of Chelsea Road, which maybe rezoned from I-lA, Light Industrial, to B-3, Highway Business. Staff also offers the option of rezoning the site to PUD, Planned Unit Development, instead of the requested B-4 designation. Rezoning the property to PUD allows for commercial land, but can require them in a manner that minimizes negative aspects of retail commercial use in the area by requiring strict performance standards. A PUD zoning designation for the 33.66 acre site would allow for a more extensive review process, allowing the City more discretion over any future development. The applicant would also be required to comply with the general PUD guidelines, which allow for flexibility in performance standards with the understanding that the development will be held to higher standards of site and building design than would ordinarily be required. The City currently allows PUD via the Conditional Use Permit process, and therefore an ordinance amendment would be required to establish a PUD district. The ordinance amendment would also allow the City to set goals and parameters for acceptable development, architectural controls, and specific uses in the PUD District. This district may be formulated to allow for certain retail commercial users. In that regard, the applicant would be encouraged to pursue purchase ofthe referenced parcel on the north side of Chelsea Road, which could be rezoned to B-3, Highway Business, or B-2, Limited Business, both of which permit gas stations. This approach would allow the City to further limit the types of commercial uses that would be allowed next to the industrial park. As previously stated, the north side of Chelsea Road is characteristic of a classic commercial district, and in that regard the rezoning to B-3 or B-2 may be appropriate. CONCLUSION Mills Fleet Farm has submitted a request for a Comprehensive Plan Amendment and Rezoning of a 33.66 acre parcel within the Monticello Commerce Center. The City's current long range land use plan identifies the subject site for industrial land uses. Regarding this request, staff offers the above alternative actions. 6 City Council Agenda- 06/25/2007 If the City chooses Alternative I, to deny the request for a Comprehensive Plan Amendment and Rezoning of a 33.66 acre parcel within the Monticello Commerce Center, this action may be supported by the following findings: 1. The subject site is currently designated for industrial land uses in the City's Comprehensive Plan. The Comprehensive Plan calls for higher quality light industry near the school campus and with exposure to the interstate. 2. Alternate sites exist within the City that are zoned properly and large enough to accommodate the proposed use. 3. The increase in traffic volumes on Chelsea Road produced by a retail commercial user will be detrimental to the existing industrial uses. In general, retail commercial traffic will also conflict with industrial/truck traffic. 4. The introduction of commercial land use will be detrimental to the existing industrial properties, and may affect the future value of these properties. 5. The existing industrial use is the highest and best use of the land. If the City chooses to approve the request for a Comprehensive Plan Amendment to re-designate the land from industrial to commercial, and a request for rezoning from I-IA to B-4, staff recommends Alterative 3 above. This recommendation for approval may be supported with the following [mdings: 1. The subject site is surrounded by a mix ofland uses and the area is not exclusively industrial. Therefore, the requested action would not result in spot zoning. 2. The City has a limited amount ofland available with direct freeway exposure, and believes that the highest and best use of this land is commercial. 3. The construction of the CSAH 18 interchange has changed the nature ofthe area, adding freeway access and higher traffic volumes. With that in mind, the City believes the highest and best use of the land is commercial. 4. The increased traffic on Chelsea Road will not have a detrimental effect on existing properties. Staff recommends that, if the City does choose to approve the request to rezone the property, the subject site be rezoned to PUD, PI armed Unit Development, as opposed to B-4, Regional Business. This recommendation would allow the City to establish architectural controls and specific parameters for development. In the event that commercial uses are introduced, the City may want to consider a broader scope of commercial uses due to the location of vacant land in the area. This may include redevelopment of existing industrial properties with blight issues. D. SUPPORTING DATA Exhibits A-U listed below may apply to both north and south side requests. Exhibit A: Aerial Site Image (WSB & Associates EAW Figure 3) 7 Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Exhibit G: Exhibit H: Exhibit I: Exhibit J: Exhibit K: Exhibit L: Exhibit M: Exhibit N: Exhibit 0: Exhibit P: Exhibit Q: Exhibit R: Exhibit S: Exhibit T: ExhibitU: Exhibit V: Exhibit W: City Council Agenda- 06/25/2007 Aerial Image - Southeast Area Applicant Narrative(s) Monticello Zoning Map 1996 Monticello Comprehensive Plan - Southeast Monticello Land Use Guide Surrounding Use Images Real Estate Taxes Comparative Analysis Monticello Zoning Ordinance - B-4 (Regional Business) District Monticello Zoning Ordinance - B-3 (Highway Business) District Monticello Zoning Ordinance - I-IA (Light Industrial) District IDC Resolution Property Owner Petition Letter from UMC dated 4/20/07 Letter from UMC dated 5/23/07 Response Letter to UMC dated 5/24/07; includes: Letter from the Administrator OSM Letter dated 10/17/89 Assessment Agreement Minnesota Statutes 462.355 Minnesota Statute 462.357 Minutes Related to Approval of Related Assessment Agreement Petition from Monticello Chamber of Commerce and Industry Board of Directors Owatonna Comparative Study Notes and Maps Planning Commission Minutes of 05/01/2007 DRAFT Planning Commission Minutes of 06/05/2007 DRAFT Planning Commission Minutes of 06/12/2007 Findings of Fact for Approval- South Chelsea Findings of Fact for Denial- South Chelsea 8 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com PLANNING REPORT TO: Monticello Mayor and City Council FROM: Kimberly Holien DATE: June 20, 2007 RE: Findings of Fact- Mills Fleet Farm Rezoning and Comprehensive Plan Amendment NAC FILE: 191.07-07.03 FINDINGS OF FACT DENIAL OF A REQUEST FOR REZONING OF A 33.66 ACRE PARCEL ON THE SOUTH SIDE OF CHELSEA ROAD EAST FROM I-IA TO B-4 AND A COMPREHENSIVE PLAN AMENDMENT 1, The subject site is currently designated for industrial land uses in the City's Comprehensive Plan. 2. The Comprehensive Plan calls for higher quality light industry near the school campus and with exposure to the interstate. 3. Alternate sites exist within the City that are zoned properly and large enough to accommodate the proposed use. 4. The increase in traffic volumes on Chelsea Road produced by a retail commercial user will be detrimental to the existing industrial uses. In general, retail commercial traffic will also conflict with industrial/truck traffic. S. The introduction of commercial land use will be detrimental to the existing industrial properties, and may affect the future value of these properties. 6. The existing industrial use is the highest and best use of the land. 1 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com PLANNING REPORT TO: Monticello Mayor and City Council FROM: Kimberly Holien DATE: June 20, 2007 RE: Findings of Fact- Mills Fleet Farm Rezoning and Comprehensive Plan Amendment NAC FILE: 191.07-07.03 FINDINGS OF FACT APPROVAL OF A REQUEST FOR REZONING OF A 33.66 ACRE PARCEL ON THE SOUTH SIDE OF CHELSEA ROAD EAST FROM I-IA TO B-4 AND A COMPREHENSIVE PLAN AMENDMENT 1. The subject site is surrounded by a mix ofland uses and the area is not exclusively industrial. 2. The requested action would not result in spot zoning. 3. The highest and best use of the land is commercial, due to the limited amount ofland within the City with freeway exposure. 4. The highest and best use of the land is commercial, as the construction of the CSAH 18 interchange has changed the nature of the area, adding freeway access and higher traffic volumes. 5. The increased traffic on Chelsea Road will not have a detrimental effect on existing properties. 6. The request will not cause land in the area in which it is proposed to depreciate. 1 City Council Agenda - 06/25/07 11. Consideration of a reauest for a Conditional Use Permit for ConceDt Sta2e and DeveloDment Sta2e Planned Unit DeveloDment aDDroval for a multi-tenant shoDDin2 center. a Conditional Use Permit for Outdoor Stora2e. a Conditional Use Permit for a Car Wash. a Conditional Use Permit for a Motor Fuel Station/Convenience Store. a Conditional Use Permit for minor auto reDair. and Preliminarv Plat aDDroval. ADDlicant: Mills Fleet Farm. (NAC). PLANNING COMMISSION ACTION The Planning Commission considered the request for Planned Unit Development, Preliminary Plat, and several Conditional Use Permits at a special meeting on June li\ following its consideration of the Comprehensive Plan Amendment and Rezoning heard at its June 5th regular meeting. The Planning Commission recommended denial of the land use changes on the south side of Chelsea Road, citing concerns over compatibility with existing and future industrial land uses in the area. However, the Planning Commission recommended approval of the land use changes to the north side of Chelsea, believing that the direct exposure to the freeway created a more compelling site for commercial uses. The Planning Commission made these recommendations based on its view of long term land use for the area, not on the specific proposals of Mills Fleet Farm. Since the PUD, Plat, and Conditional Use Permits came before the Planning Commission prior to the City Council's f'mal decision on the land use, the Planning Commission was asked to address these applications as if the land use changes had been approved by the Council. Clearly, if the Council does not ultimately approve the land use changes, then the specific development applications would not be appropriate. Therefore, the Planning Commission weighed the development proposals in that light. The staff report to the Planning Commission (included in full below) recommended that if the City were to consider approval of the various development applications, a series of eighteen conditions should be applied to such approval. At the Planning Commission's June 12th meeting, the applicant presented responses to the staff report, and the meeting discussion focused on addressing the conditions suggested by staff. At the end of this report, we have re-grouped the original recommended conditions based on the Planning Commission's recommendation. Of the eighteen conditions, the applicant indicated no problems with nine, and the Commission adopted each of those nine conditions (Staff items 1,3,4,5,6,8,11,17,and 18). The Commission decided to strike four of the conditions, including one which related to the layout of the convenience store and limitations on access (Staffitem 7), one requesting alternative paving for pedestrian areas (Staff item 10), one requesting a white color for the silo (Staff item 16), and one requesting that access to the outlot south of Chelsea Road be def'med conceptually at this time (Staff item 12). The remaining five conditions required clarification or resolution between the applicant, staff, and the City Council. These include the following: . Reduction of the pylon sign to 200 square feet and 32 feet in height from the proposed 400 square feet and 50 feet in height (Staff item 2). The Planning City Council Agenda - 06/25/07 Commission felt that some additional size was warranted, however, a compromise between the applicant's proposal and staff's recommendation should be found. . Improvements to the Dundas Road cul-de-sac be made as a part of this project (Staff item 9). The Planning Commission was uncertain if the intent of the staff recommendation was to require Mills Fleet Farm to make and pay for these improvements. It was generally agreed that the improvements were positive, but that they may not be appropriate costs to assign to this applicant. . Reorientation of the fuel pump islands, based on the staff's recommendation to reduce access to the north site to a single point (Staff item 13). Planning Commission believed that this item would not be appropriate if the City Council retains two access points as requested by the applicant and agreed to by the Commission. . Additional fa~ade improvements made to the main store building (Staff item 14). Planning Commission felt that some additional detail should be considered for the building, but did not specifY the level of detail or change. . Additional fa<;ade improvements should be made to the car wash building, particularly where it is exposed to the freeway (Staff item 15). The Planning Commission generally agreed that a better commercial face should be shown to the freeway exposure, but did not specifY the types of improvements. There was some discussion about enhanced landscaping that would screen the view of the car wash bay doors. With these conditions either adhered to or resolved, as appropriate, the Commission voted 3-1 to recommend approval of each of the development applications, with the f"Irst condition being that the Council adopt the required changes to the Comprehensive Plan and amend the zoning map to B-4. As noted above, these recommendation were in light of the Commission's general recommendation that the land use not be changed, at least for the main site south of Chelsea Road. Please refer to the draft minutes ofthe June 12'h, 2007 Planning Commission meeting for further detail on the discussion of these requests. A. REFERENCE AND BACKGROUND Fleet Farm is seeking a Conditional Use Permit for concept stage and development stage Planned Unit Development for the construction of a big box retail store, gas station, and car wash, as well as Preliminary Plat approval. The applicant is also requesting approval of a Conditional Use Permit for outdoor storage, a Conditional Use Permit for a car wash, a Conditional Use Permit for a motor fuel station/convenience store and a Conditional Use Permit for minor auto repair. The total site is 36.04 acres in size and is located within the Monticello Commerce Center on Chelsea Road. The applicant is proposing a 273,201 square foot retail building with outdoor storage on the south side of Chelsea Road and a 4,378 square foot motor fuel station with a car wash on the north side of Chelsea Road. Both sites are currently zoned I-lA, Light Industrial. A request for Rezoning and a 2 City Council Agenda - 06/25/07 Comprehensive Plan Amendment is currently being considered by the City for the site as part of a separate application. The applicant submitted a request for rezoning to B-4, Regional Business on the north side of Chelsea Road, and B-4, Regional Business on the south side of Chelsea Road. However, it should be noted that the applicant's narrative request submitted with the north side rezoning request refers to a request for B-3, Highway Business Zoning. On June 5th, the Planning Commission recommended approval of rezoning for the north side parcel to B-3. As the B-3 District includes the requested conditional uses, that district has been used for analysis purposes in this report. It should be noted that the B-4 zoning district would include as permitted or conditional all the uses of a B-3 district. The rezoning requests were heard by the Planning Commission at their May and June regular meetings, and will be acted on by the City Council on June 25th, 2007. ANALYSIS The subject site is located on Chelsea Road East, within the existing Monticello Commerce Center. The site is directly south ofInterstate 94 and west of the CSAH 18 interchange. The site relies on PUD for shared parking, proof of parking, building height, and multiple buildings. Comprehensive Plan: Monticello's Comprehensive Plan currently designates this area for industrial use. CUP/PUD: A Planned Unit Development allows for flexibility in performance standards with the understanding that the development will be held to higher standards of site and building design than would ordinarily be required. It is the applicant's responsibility to design the development with significant benefits and communicate those benefits to the City for allowing a CUP/PUD. Preliminary Plat. The site is platted as Lot 1, Block 1, Lot 2, Block 1 and Lot 1, Block 2 of Mills Addition to Monticello. Lot 1, Block 1 is 29.79 acres in size and located on the south side of Chelsea Road. This lot will contain the Mills Fleet Farm retail store. Lot 2, Block 1 is also on the south side of Chelsea Road and is 3.87 acres in size. This lot is identified for future development. Lot 1, Block 2 is located on the north side of Chelsea Road and will contain the motor fuel station and car wash. This lot is 2.3 8 acres in size. Outdoor Storage. The applicant is proposing an outdoor storage area on the south side of the retail building, on Lot 1, Block 1. Open and outdoor storage is permitted as a conditional use in the B-4 District, provided the following conditions are met: 1. The area is fenced and screened from view of neighboring residential uses. Comment: The site abuts the Monticello High School property to the south, which is zoned R- 1. The applicant is proposing a fence 18 feet in height constructed of metal fascia panels and expanded metal fence sections surrounding the outdoor storage area, as well as landscaping to screen. A portion of the outdoor storage area will also be surrounded by precast concrete wall panels. 3 City Council Agenda - 06/25/07 The City may wish to comment on whether it believes a metal fence is appropriate for this area, in relationship to surrounding uses and standards. 2. Storage is screened from view from the public right of way. Comment: The storage area site does not abut any public right-of-way, and will be screened from Chelsea Road by the remainder of the building. 3. Storage area is grassed or surfaced to control dust. Comment: The outdoor storage area is proposed to be surfaced with concrete. 4. All lighting shall be hooded and so directed that the light source shall not be visible from the public right of way or from neighboring residences. Comment: A sample lighting plan from a similar Mills facility in Blaine was supplied for reference. However, no lighting plan specific to this site has been submitted at this time. Said plan shall be required as a condition of approval. As an additional condition of approval, staff recommends that no exterior racking be allowed anywhere on the site. Car Wash. The applicant is proposing a four-bay, touchless car wash on the north side of the motor fuel station site, on Lot 1, Block 2. Car washes are permitted by Conditional Use Permit in the B-3 District, subject to the following conditions: 1. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. Comment: The architectural appearance of the proposed buildings and function of the site will not be detrimental to the surrounding properties. However, staff provides additional comments on the overall design of the car wash in the "building design" section of this report. 2. Magazining or stacking space is constructed to accommodate that number of vehicles which can be washed during a maximum 30 minute period and shall be subject to the approval of the City Engineer. Comment: The site has approximately 180 feet of stacking space, adequate for up to nine vehicles. The proposed stacking space appears appropriate for the four car wash stalls. 3. At the boundaries of a residential district a strip of not less than five feet shall be landscaped and screened in compliance with Chapter 3 Section 2 G of this ordinance. Comment: The site does not abut any residential districts. 4. Each light standard island and all islands in the parking lot shall be landscaped or covered. 4 City Council Agenda - 06/25/07 Comment: No lighting plan has been submitted at this time. Said plan shall be required as a condition of approval. 5. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with Chapter 3 Section 2 G of this ordinance. Comment: The site does not abut any residential districts. 6. The entire area other than occupied by the buildings or plantings shall be surfaced with material which will control dust and drainage which is subject to the approval of the City Engineer. Comment: The site is proposed to be surfaced with bituminous and concrete. 7. The entire area shall have a drainage system which is subject to the approval of the City Engineer. Comment: The drainage plan has been reviewed by the City Engineer and the applicant must comply with all recommendations outlined in his memo dated June 4, 2007. 8. All lighting shall be hooded and so directed that the light source is not visible from the public right of way or from an abutting residence and shall be in compliance with Chapter 3 Section 2 H of this ordinance. Comment: No lighting plan has been submitted at this time. Said plan shall be required as a condition of approval. 9. Vehicular access points shall be limited to create a minimum of conflict with through traffic movement and adjacent driveways and shall be subject to the approval of the City Engineer. Comment: Vehicular access is evaluated under the "access and circulation" portion of this report. 1 O. All signing and informational or visual communication devices shall be in compliance with Chapter 3 Section 9 of this ordinance. Comment: All signage has been reviewed and is detailed under the "signage" section of this report. 11. Provisions are made to control and reduce noise. 12. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. Motor Fuel Station/Convenience Store. Motor fuel stations/convenience stores are allowed in the B-3 District by Conditional Use Permit, provided the following requirements are met: 5 City Council Agenda - 06/25/07 1. Regardless of whether the dispensing sale or offering for sale of motor fuels and/or oil is incidental to the conduct of the use or business, the standards and requirements imposed by this ordinance for motor fuel stations shall apply. These standards and requirements are however in addition to other requirements which are imposed for other uses of the property. 2. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. Comment: The architectural appearance of the proposed buildings and function of the site will not be detrimental to the surrounding properties. However, staff does have concerns regarding the architectural appearance of the buildings as related to the site's freeway visibility. These concerns are discussed later in this report. 3. The entire site other than that taken up by a building structure or plantings shall be surfaced with a material to control dust and drainage which is subject to the approval of the City Engineer. Comment: The site is proposed to be surfaced with bituminous and concrete. 4. A minimum lot area of twenty two thousand five hundred (22,500) square feet and minimum lot dimensions of one hundred fifty (150) feet by one hundred thirty (130) feet. Comment: The subject site is 103,673 square feet in area, 205 feet wide and 547 feet deep. 5. A drainage system subject to the approval of the City Engineer shall be installed. Comment: The City Engineer has reviewed the grading and drainage plans and has provided comments. These comments are detailed in a memo from the City Engineer dated June 4, 2007, and compliance with these comments will be required as a condition of approval. 6. A curb not less than six 6 inches above grade shall separate the public sidewalk from motor vehicle service areas. Comment: There is no public sidewalk adjacent to the motor vehicle service area. 7. The lighting shall be accomplished in such away as to have no direct source oflight visible from adjacent land in residential use or from the public right of way and shall be in compliance with Chapter 3 Section 2 H of this ordinance. Comment: No lighting plan has been submitted at this time. Said plan shall be required as a condition of approval. 8. Wherever fuel pumps are to be installed, pump islands shall be installed. 6 City Council Agenda - 06/25/07 Comment: Pump islands are proposed at all fuel pump locations. 9. At the boundaries of a residential district a strip of not less than five feet shall be landscaped and screened in compliance with Chapter 3 Section 7 G of this ordinance. Comment: The site does not border any residential districts. 10. Each light standard landscaped. Comment: The applicant has not submitted a photometric plan indicating the location of each light standard. This shall be required as a condition of approval, as well as landscaping of each standard. 11. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with Chapter 3 Section 2 G of this ordinance. Comment: The site does not border any residential districts. 12. Vehicular access points shall create a minimum of conflict with through traffic movement and adjacent driveways and shall comply with Chapter 3 Section 5 of this ordinance and shall be subject to the approval of the City Engineer. Comment: This issue is reviewed in detail in the "access and circulation" section of this report. 13. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Chapter 3 Section 9 of this ordinance. Comment: All signage has been reviewed for compliance, and detailed later in this report. 14. Provisions are made to control and reduce noise. 15. No outside storage except as allowed in compliance with Chapter 13 Section 4 ofthis ordinance. Comment: No outdoor storage is proposed for the motor fuel site. It should also be noted that no outdoor sales and display is proposed for the car wash, motor fuel/convenience site, or big box site. No outdoor sales and display within the PUD will be permitted without the separate review and approval of a conditional use permit for that purpose. 16. Sale of products other than those specifically mentioned in Chapter 13 Section 4 be subject to a conditional use permit and be in compliance with Chapter 13 Section 4 F of this ordinance. 17. All conditions pertaining to a specific site are subject to change when the Council upon investigation in relation to a formal request finds that the general welfare and public betterment can be served as well or better by modifying the conditions. 7 City Council Agenda - 06/25/07 18. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. Minor Auto Repair. The applicant is proposing an auto service center within the big box retail store where minor auto repair will be performed. The auto service center is located on the south side of the building, adjacent to Chelsea Road. Minor auto repair is allowed by Conditional Use Permit, subject to the same 18 conditions outlined above for the motor fuel station/convenience store use. The proposed auto service center is entirely enclosed within the principal building. Therefore, all conditions of approval are being evaluated as part of the big box retail store. Lot Requirements and Setbacks. The applicant has requested rezoning for the south portion of the site from I-IA to B-4, Regional Business. There is no minimum lot size or setback requirement for the B-4 District. On the north side of Chelsea Road, the B-3, Highway Business standards were applied. The following chart demonstrates the applicable performance requirements of the B-3 District, as well as what is proposed for the site: Minimum Lot Size Lot Width Front Yard Setback Side Yard Setback Rear Yard Setback Re uired 22,500 sf 100 feet 30 feet 10 feet 30 feet Pro osed 103,673 sf 205 feet 50 feet 30 feet 118 feet No minimum lot area is required for the B-3 District. However, the proposed motor fuel station use requires a minimum lot size of 22,500 square feet. The proposed car wash and convenience store buildings and accessory uses on the north side of Chelsea Road meet all setback requirements, as demonstrated above. Parking. The applicant is proposing a retail store with an auto center, warehouse and office space, a convenience store/gas station, and a car wash. Staff has reviewed the building areas for each use and calculated the required parking for the site. The following chart demonstrates the minimum number of parking stalls required for the site: Tenant Area (90% ) Requirement Stalls Retail 175,497 sf 157,948 sf 1 space/200 sf of floor area 790 spaces Warehouse 78,416 sf 70,575 sf 1 space/500 sf of floor area 142 spaces Office 6,028 sf 5,426 sf 3 spaces plus 1/200 sf of area 31 spaces Auto Center 6,962 sf 6,266 sf 8 spaces plus 1/800 sf of area 19 spaces over 1,000 sf Sub-total required 982 spaces Convenience 4,378 sf 3,941 sf 1/200 sf of floor area 20 spaces Store/Gas Station Car Wash 5,100 sf 4,590 sf o in addition to gas station 0 Total Required 1,002 spaces 8 City Council Agenda - 06/25/07 The site plan illustrates 862 parking stalls on the retail store site, and 23 parking stalls on the gas station site, for a total of 885 parking stalls. The motor fuel station/car wash site on the north side of Chelsea Road is adequately parked with three excess stalls. As the site is a PUD, shared parking may be accommodated. In summary, the site is 117 parking spaces short of the minimum requirement. While the site is under-parked, a large number of stalls are provided. Due to the large amount of impervious parking area already provided, in lieu of providing additional parking stalls, staff recommends that the applicant provide proof of parking for the 117 additional stalls required. The proof of parking shall be provided on Lot 2, Block I, which is currently reserved for future development, or elsewhere on the site. In the event that lack of parking becomes an issue for the retail site, the City may require construction of the proof of parking stalls. Landscaping. South Side Site Landscavinf! For commercial sites, a minimum of one overstory tree per 1,000 square feet of gross building floor area, or one tree per 50 lineal feet of site perimeter, whichever is greater, is required. The retail site on the south side of Chelsea Road has 3,913.63 lineal feet of site perimeter, requiring 79 overstory trees. Under the floor area calculation, 273 overstory trees would be required. As the floor area calculation is the greater ofthe two, the floor area calculation shall prevail, and 273 trees shall be required for the retail site. The applicant is proposing 273 overstory trees for the retail site, including Douglas Fir, Colorado Blue Spruce, Austrian Pine, Little Leaf Linden, Sugar Maple, River Birch, Common Hackberry and Manchurian Ash. The majority of the trees proposed are around the perimeter of the site and within parking lot islands. The applicant has provided 31 landscaped islands within the parking lot to break up the monotony of this large space. A total of nine overstory trees and ten shrubs are proposed on the north side of the retail building to screen the auto service center from Chelsea Road. The applicant has also provided a number of shrubs throughout the site. Future Retail Site Landscavinf! Lot 2 of Block 1, the future development site, contains 1816 feet of site perimeter, requiring 37 overstory trees. No trees are proposed for the future development site at this time, as landscaping for that area will be provided at the time of development. South Site Buffer Yard Landscavinf! In addition to the minimum landscape requirement, a buffer yard is also required adjacent to the south property line, due to the conflict in uses between the big box commercial retailer and the High School. A commercial to institutional land use conflict is considered an "A" level conflict. This conflict requires a 10 foot landscaped yard with a minimum of 40 plant units. The applicant is responsible for one half of this requirement. The applicant has 9 City Council Agenda - 06/25/07 provided a landscaped yard with 430 plant units along the south property line, satisfying the buffer yard requirement. The site borders an industrial use to the east, which is a level "B" conflict. The buffer yard requirement for the east property line is a 20 foot minimum landscaped yard with 80 plant units. The applicant has provided a 20 foot landscaped yard along the east property line with 470 plant units. The minimum requirement is therefore met in this location as well, and the industrial user to the east will not be responsible for any buffer yard plantings. North Side Site Landscavinf! The gas convenience store/car wash site contains 1424.58 feet of site perimeter, requiring 28 overstory trees, versus the nine that would be required under the floor area calculation. As such, the perimeter requirement shall prevail. The applicant has provided 28 overstory trees, satisfying the minimum requirement. Trees provided include Douglas Fir, Colorado Blue Spruce, Austrian Pine, Little Leaf Linden, River Birch, Common Hackberry and Manchurian Ash. The majority ofthe trees provided are along the site perimeter and within the vacuum island adjacent to the car wash. The applicant has also provided a number of shrubs. Shrubs are proposed between the overstory trees around the perimeter, and surrounding the pylon sign and monument sign. The City recognizes the value of interstate highway exposure to commercial and industrial developers. However, the City also wishes to avoid the undesirable monotony of fully exposed building sides and rears. Therefore, it is important to provide natural visual variety to the travelers on the interstate. Natural visual variety and pleasing aesthetics project a clean and welcoming image for the City. Commercial and industrial developers of lots/parcels having substantial exposure to the interstate shall be required to landscape/screen to provide 60% opacity year-round with at least 80% of such screening to be of natural materials. The proposed gas convenience store/car wash borders Interstate 94 to the north. The applicant has proposed dense vegetation on the north side of the site, including 12 trees. Of those, seven are evergreen trees to provide year-round screening. North Side Buffer Yard Landscavinz The north Chelsea site also borders an industrial use to the west, which again is a level "B" conflict. The buffer yard requirement for the west property line is a 20 foot minimum landscaped yard with 80 plant units. The applicant is responsible for one half of this requirement. The applicant has provided a 10 foot landscaped yard along the east property line with 289 plant units. The applicant has provided the minimum number of plant units, as well as the minimum 10 foot landscaped yard. The property owner to the west shall be responsible for a 10 foot buffer yard as well. However, no additional plant units are required. As a note on overall landscaping, staff would recommend irrigation of all boulevard and buffer yard areas. Staff would also recommend that similar to other recently approved commercial and industrial projects, the applicant be required to provide overstory boulevard tree plantings. Additionally, similar to the Union Crossings PUD site, staff would 10 City Council Agenda - 06/25/07 recommend the use of pavers and scored concrete in pedestrian crossing areas and in handicap accessible areas of the parking surface. This recommendation is in lieu of striped pavement. Lighting. No lighting plan has been submitted at this time. A lighting plan specific to this development shall be required as a condition of approval. Signage. The applicant has submitted a signage plan, detailing proposed signs for both the big box retail store and the motor fuel station/car wash site. Pvlon/Monument Si~maf!e The applicant is proposing a 400 square foot pylon sign on the north side of Chelsea Road to gain visibility from the freeway. In addition to the 400 square foot pylon the applicant is proposing a 126 square foot monument sign. No other freestanding signs are proposed in the remainder of the development. As stated, the applicant is proposing a 400 square foot pylon sign at a height of 50 feet. For the Union Crossings site on the north side ofI-94, a sign of this area and a height of 57 feet was permitted by PUD, provided that other signs in the project were limited to wall or monument signs, due to the size of the overall development and the size and number of the retail stores and other uses. The Union Crossings development contains Target, Home Depot, an inline retail center, a detached strip retail center, and other proposed uses. The subject Fleet Farm site is much smaller than the Union Crossings site, and contains only one user. Additionally, the site includes a provision for a 67 foot tall silo as part of the big box site. In that regard, staff does not believe the proposed 400 square foot sign at 50 feet in height is appropriate for the site. The site is within 800 feet of the freeway and is therefore allowed a freeway standard sign up to 32 feet in height and 200 square feet in area on either the north Of south side of Chelsea Road. In that regard, staff recommends that the applicant reduce the size of the proposed pylon sign to not exceed 200 square feet and limit height to 32-feet. North Side Wall Siflnafle For the motor fuel store, wall signage up to 10 percent of the total fayade maybe provided for the site, not to exceed 100 square feet. The front fayade of the building is 956.5 square feet in area. The rear fayade is visible from 1-94, for an additional 956.5 square feet of fayade. The use is therefore eligible for 100 square feet of signage. The applicant has proposed four, 40 square foot LED display signs, and four, 32 square foot identification signs within the lighted canopy. Therefore, the total wall signage proposed is 288 square foot of signage, exceeding the maximum. The applicant is proposing five, 8-foot wall signs for the car wash, as well as three, 9-foot wall signs, for a total of 67 square feet of wall signage. Due to area of the fayade for the car wash, the applicant is eligible for up to 100 square feet of signage. Therefore, the proposed signage is well within the parameters of the ordinance. The applicant has not utilized all wall signage permitted for the car wash, and therefore may be allotted the remaining 33 square feet to be used on the motor fuel store. However, the applicant has exceeded even the 133 square foot allotment. Staff recommends that the 11 City Council Agenda - 06/25/07 applicant eliminate signage or reduce the sizel of signage on the convenience store to not exceed 13 3 square feet. South Side Wall Sirmal!e On the south side of Chelsea Road, the big box retailer is visible from both Chelsea Road and Dundas Road. The total fayade on the north elevation, visible from Chelsea Road, is 9,854 square feet. The fayade area on the west elevation, visible from Dundas Road, is approximately 19,435 square feet. Ten percent of total fayade area is equal to 2,929 square feet of signage. The ordinance states that the site is eligible for signage equal to 10% of the total fayade, up to 100 square feet. In this case, the 10 percent calculation greatly exceeds 100 square feet. Therefore, the maximum allowable signage is equal to 100 square feet. The applicant has proposed 825 square feet of sign age on the east elevation, and 199 square feet of signage on the north elevation. The total area of signage proposed therefore is 1,024 square feet. However, the current zoning ordinance language does not account for big box retail stores, where large wall signs do not appear out of place with the structure. The signage proposed by the applicant in this case is proportionate to the large building. Allowances relative to building size for wall signage were made for past projects which also include larger building facades. The applicant has not proposed any additional freestanding signs on the south side of Chelsea Road. Therefore, the proposed signage appears to be appropriate for the site. Access and Circulation. South Side Access and Circulation Access to the big box retail site is provided at two points extending south from Chelsea Road. One access is located in the far northeast comer, and one is located 140 feet to the west. The northwest access point is 45 feet in width where it intersects with Chelsea Road, wide enough for three lanes of traffic including a right-turn lane. The western access is only 30 feet in width where it intersects with Chelsea Road, only allowing enough space for two lanes of traffic. Staff recommends that the width of this west access be increased to provide additional space for a separate right-turn lane in this location as well. Staff also recommends that each access should include a protected right-turn lane along Chelsea Road. Internal drive lanes throughout the parking lot are a minimum of 24 feet in width, wide enough for two lanes of traffic. The drive lane on the north side of the site extending toward the auto center is 30 feet in width. A drive lane extends along the east property line and wraps around toward the south, providing access to the west side of the building. This drive will be utilized by trucks to access the loading dock area on the west side of the building. This drive lane is approximately 28 feet in width, and appears to provide adequate space for turning movements for truck traffic. North Side Access and Circulation Access to the motor fuel station and car wash site on the north side of Chelsea Road is 12 City Council Agenda - 06/25/07 provided at two points as well. Both access drives extend north from Chelsea Road into the site. Both drives are 30 feet in width, wide enough for two lanes of traffic with no turn lanes. Internal drive lanes are all a minimum of 3 0 feet in width. Staff recommends that access to this site be limited to one driveway near the east edge of the site to avoid potential conflicts with vehicles accessing the existing driveway to the west, and that this access also include a protected right-turn lane along Chelsea Road. The site is designed so that customers purchasing fuel can pull into the site, circle through the fuel pump area, and exit back out onto Chelsea Road. As such, the fuel pumps are oriented to be parallel with Chelsea Road. The orientation of the pumps in this manner limits stacking space for waiting vehicles, and creates a very tight site. Due to the depth of the site, there appears to be adequate room to orient the fuel pumps to be perpendicular to Chelsea Road, providing more stacking space. This may require the applicant to shift the convenience store building and car wash to the north. However, as stated above, the site appears to have adequate depth to support such an arrangement. As such, staff recommends reorienting the fuel pumps. Due to the tight conditions on the site, staff also offers the option of relocating the car wash and motor fuel station to the south side of Chelsea Road on Lot 2, Block I, a 3.87 acre site reserved for future development. This site would allow additional room for access and stacking that is not available on the chosen 2.38 acre site on the north side of Chelsea Road. Pedestrian access through both sites is accommodated through a series of sidewalks at the front of each building. Due to the size of the parking lot and the amount of traffic expected, staff recommends that the applicant provide pedestrian crossing striping and pedestrian curb ramps between the parking lot and the front of the Mills Fleet Farm building. For the overall site, the City Engineer and consulting engineer from WSB have reviewed the plans regarding access and street design, and have provided the following comments: 1. Only one access towards the east side of the site north of Chelsea Road will be allowed. There appears to be ample room on site to push the building to the north to provide acceptable levels of circulation for all vehicles on site. 2. Right-turn lanes should be provided at all access locations on Chelsea Road. 3. The temporary cul-de-sac at the east end of Dundas Road,just west of the Mills Fleet Farm building, must be reconstructed as a permanent cul-de-sac as part ofthis project. This may require using some land on the Fleet Farm site. 4. Provide pedestrian crossing striping and pedestrian curb ramps as needed between the parking lot and the front of the Mills Fleet Farm building. As a note on this item, for the south side retail site. planning staff have recommended scored concrete and pavers as an alternative to striped pavement. This recommendation is consistent with other recent PUD retail project recommendations. 5. The entrance to the future lot (Lot 2, Block I) should be shown conceptually on all plans. Building Design. North Side Buildini! Desim 13 City Council Agenda - 06/25/07 On the north side of Chelsea Road, for the motor fuel station, the building will be constructed primarily of rockface concrete block with ribbed concrete block accents with an orange metal canopy. The primary building materials will be earth toned in color. The car wash will be constructed primarily of random rib exposed precast concrete panels. The car wash will have overhead doors on the north and south elevations. Staffis concerned with the appearance of the car wash as visible from the interstate. The proposed design exposes four overhead doors to 1-94 with few aesthetic details. The City has a limited amount of freeway exposed land available, and should therefore hold all freeway exposed uses to high development standards. The applicant is requesting approval via PUD, which allows the applicant flexibility from performance standards in exchange for high quality building design. Therefore, staff recommends that the applicant consider an alternate design for the structure, including alternate building materials, more visual detail, and/or re- orienting the building so that the overhead doors do not face the freeway. Again, staff also offers the option of relocating the car wash and motor fuel station to Lot 2, Block I on the south side of Chelsea Road. South Side Buildinf! Desif!n On the south side of Chelsea Road, the big box retail store will be constructed with stacked, pattern exposed precast concrete near the foundation followed by random, rib exposed concrete for the remainder of the building. The front entrance will be accented with EIFS plaster, as will the auto service entrance. The building will be gray in color with orange, white, and black accents. Overhead doors are proposed on every side of the building, with the majority of these doors on the west side near the loading dock and on the north side for the auto service center. The applicant is proposing a 67.67 foot silo at the front entrance of the building, constructed ofEIFS plaster with an orange pre-finished sheet metal dome. The remainder of the building is a maximum of33.67 feet in height. Building height in the B-4 District is limited to two-stories. The proposed silo greatly exceeds two stories in height. The applicant is requesting flexibility on this feature as part of the PUD process. The applicant is requesting PUD approval for the site. The City's PUD Ordinance allows flexibility to performance standards with the understanding that the development will be held to higher standards of site and building design than would ordinarily be required. In keeping with the intent of this ordinance, staff recommends that the applicant revise the elevations for the big box retail store to provide additional aesthetic details to break up the long falfade. Specifically, staff recommends that the applicant provide additional vertical details, roofline variations, and materials in contrasting, but coordinating colors. Staff recommends that said details be applied to all four sides of the building, with the emphasis on the east, north, and west elevations. Similar requirements were applied to previously approved big box retail stores in the City, including Target and WalMart. Furthermore, staff recommends that the applicant consider an alternate color for the top of the proposed silo. The applicant is proposing a silo nearly 68 feet in height with an orange cap. While staff recognizes that this silo is a signature element for all Fleet Farm stores, the color appears to be out of character with the surrounding area. Staff recommends that the silo cap 14 City Council Agenda - 06/25/07 be white or cream in color, similar to the Lakeville store, to increase the aesthetic quality of the site. Grading and Drainage. The City Engineer and consulting engineer from WSB have reviewed the grading and drainage plans and provided the following comments: I. Based on the proposed use of the property north of Chelsea Road as a fueling station the City is requesting that the storm sewer system serving this site be routed through the High School Pond to the south, rather than routing it to the west along Chelsea Road. 2. The grading of the infield area between the two entrances to the Mills Fleet Farm site south of Chelsea Road should be revised to provide positive drainage to the storm sewer structure located in the middle of this area. Is there a reason that this has been graded as a low area? 3. Combine the two storm sewer outlets to the High School Pond into one outlet at the south end of the parking lot. 4. Provide all required drainage and utility easements around the perimeter of both sites. 5. A minimum pavement grade of2% is recommended throughout the parking lot. Utilities. Regarding the utility plan submitted, the City Engineer, Public Works Director, and consulting engineer have provided the following comments: I. Replace all 90-degree watermain bends with two 45-degree bends with a minimum of 10- feet of watermain between the bends. 2. Provide profiles of all utilities at crossing locations to make sure no conflicts exist. 3. If any portion of the southerly site is to be split off and sold at a later date it must have its own utility services in order to do so. 4. Sanitary sewer manholes with a drop of more than two-feet must be an outside drop manhole. 5. The City's Fire Chief must review the final utility plans to ensure that there are an adequate number of fire hydrants on site, that they are spaced adequately, and that a hydrant is located no more than ISO-feet from each FDC for the building for adequate fire fighting capabilities. 6. Show trunk sanitary sewer on north end of Lot I, Block 2. 7. Keep tank field out of 12-foot drainage and utility easement along south edge of Lot I, Block 2. 8. Verify the size of the watermain service on the south side of Chelsea Road. 9. Show sanitary service from property line to the west of Lot 1, Block 2. B. ALTERNATIVE ACTIONS. In a series of 3-1 votes, the Planning Commission recommended approval of all of the requests below, based on the amended Exhibit Z included in this report. Decision 1. Regarding the request for a Conditional Use Permit for Concept Stage and Development Stage Planned Unit Development approval and Preliminary Plat approval for a big box retail store, motor fuel station/convenience store and car wash, the City has the following options: 15 City Council Agenda - 06/25/07 A. Motion to approve the request for Concept Stage and Development Stage Planned Unit Development and Preliminary Plat approval for the entire site, based on a finding that the proposed uses constitute a superior project as required by PUD and are not consistent with the intent ofthe B-4 and B-3 Districts, subject to the conditions outlined in Exhibit Z. B. Motion to approve the request for Concept Stage and Development Stage Planned Unit Development for Block 1 only (south of Chelsea Rd.), subject to the conditions outlined in Exhibit Z, based on a finding that the proposed uses on the south side of Chelsea Road constitute a superior project as required by PUD, and the uses proposed on the north side of Chelsea Road are not consistent with the intent of Planned Unit Development. C. Motion to deny the request for Concept Stage Planned Unit Development and Preliminary Plat approval, based on a finding that the proposed uses do not meet the requirements for PUD and are not are not consistent with the intent of the B-4 and B-3 Districts. Decision 2. Regarding the request for a Conditional Use Permit for Outdoor Storage, the City has the following options: A. Motion to approve the Conditional Use Permit for Open and Outdoor Storage, based on a finding that the proposed use is consistent with the intent of the B-4 District and the use satisfies the conditions of approval. B. Motion to deny the Conditional Use Permit for a Open and Outdoor Storage, based on a finding that the conditions for approval have not been met. Decision 3. Regarding the request for a Conditional Use Permit for a Car Wash, the City has the following options: A. Motion to approve the Conditional Use Permit for a Car Wash, based on a finding that the proposed use is consistent with the intent of the B-3 District and the use satisfies the conditions of approval. B. Motion to deny the Conditional Use Permit for a Car Wash, based on a finding that the conditions for approval have not been met. Decision 4. Regarding the request for a Conditional Use Permit for a Motor Fuel Station/Convenience Store, the City has the following options: A. Motion to approve the Conditional Use Permit for a Motor Fuel Station/Convenience Store, based on a finding that the proposed use is consistent with the intent of the B-3 District and the use satisfies the conditions of approval. B. Motion to deny the Conditional Use Permit for a Motor Fuel Station/Convenience Store, based on a finding that the conditions for approval have not been met. 16 City Council Agenda - 06/25/07 Decision 5. Regarding the request for a Conditional Use Permit for Minor Auto Repair, the City has the following options: A. Motion to approve the Conditional Use Permit for Minor Auto Repair, based on a finding that the proposed use is consistent with the intent of the B-4 District and the use satisfies the conditions of approval. B. Motion to deny the Conditional Use Permit for Minor Auto Repair, based on a finding that the conditions for approval have not been met. C. STAFF RECOMMENDATION Mills Fleet Farm is requesting Concept Stage Planned Unit Development and Preliminary Plat approval, as well as approval of four conditional use permits. All requested approvals are contingent on the sites being rezoned from the existing I-I A zoning to B-3, Highway Business and/or B-4, Regional Business. The City Council will hear the requests for rezoning and comprehensive plan amendments at their June 25 meeting. Conditional Use Permits requested include a car wash and a motor fuel station/convenience store on the north side of Chelsea Road where the requested zoning is B-3, Highway, and outdoor storage and minor auto repair on the south side of Chelsea Road, where the requested zoning is B-4, Regional Business. With the exception of not submitting a photometric plan, all uses generally meet the requirements for the requested Conditional Use Permits and staff recommends approval. Regarding the request for Concept Stage Planned Unit Development and Preliminary Plat, the overall site plan is generally consistent with the requirements of the respected district. However, staff does have some concerns relating to signage, building design, and parking, among others. The proposed building design for the big box retail store lacks visual detail and overall aesthetics, which are required to justify flexibility for PUD. The applicant has also exceeded the freestanding signage allowances for the PUD, wall signage allowances on the gas station/convenience store site, and has not provided adequate parking. Staff recommends that these items be remedied as conditions of approval. As stated above, the requested approvals are contingent on the rezoning and Comprehensive Plan amendments requested by the applicant. In the event that the land is rezoned, the City should consider if the proposed uses and building designs are appropriate for the site, particularly as this land is visible from the freeway. It is reasonable for the City to expect higher quality architecture for any land rezoned to commercial. The car wash proposed adjacent to Interstate 94 lacks visual detail and overall aesthetics. It appears as though the applicant has chosen the site on the north side of Chelsea Road to gain freeway exposure with both the buildings and the pylon sign, as there is more than adequate space on Lot 2, Block I on the south side of Chelsea Road for a motor fuel station and car wash. 17 City Council Agenda - 06/25/07 In conjunction with any approval, the City Council is asked to review all of the 18 conditions to determine a rmal approved Exhibit Z. D. SUPPORTING DATA Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Exhibit G: Exhibit H: Exhibit I: Exhibit J: Exhibit K: Exhibit L: Exhibit M: Exhibit N: Exhibit 0: Exhibit P: Exhibit Q: Exhibit R: Exhibit S: Exhibit T: Exhibit U: Exhibit V: ExhibitW: Exhibit Z: Applicant Narrative Preliminary Plat Existing Conditions Site Plan Grading Plan Utility Plan Erosion Control Plan Overall Landscape Plan Typical Floor Plan Retail Store Elevations Convenience Store Floor Plan Convenience Store Elevations Car Wash Floor Plan Car Wash Elevations Yard Entrance Floor Plan and Perimeter Packing Elevations Seasonal Display Elevations Typical Signage Sample Site Photometric Plan Photos ofLakeville Site City Engineers Memo - June 4,2007 Sample Material and Color Palette Comments to Staff Recommendations (from Applicant) DRAFT Planning Commission Minutes of 06/12/07 (Included in Previous Item.) Conditions of Approval 18 City Council Agenda - 06/25/07 I EXHIBIT Z Conditions of Approval Mills Fleet Farm Preliminary Plat, Planned Unit Development and Conditional Use Permits Recommended Staff Conditions agreed to by Applicant and adopted by Planning Commission: 1. All approvals are contingent on the outcome ofthe requests for rezoning and comprehensive plan amendments submitted by the applicant in April, 2007. 3. The applicant shall submit a photometric plan specific to this site, demonstrating readings not to exceed one footcandle at all property lines. 4. No exterior racking shall be permitted anywhere on the site. 5. The applicant shall provide proof of parking for 117 parking stalls. In the event that parking becomes an issue on site, the City may require construction of all or a portion ofthese stalls. 6. Wall signage for the convenience store shall be reduced to not exceed 133 square feet. 8. Right-turn lanes shall be provided at all access locations on Chelsea Road. II. No outdoor salles and display is permitted within the PUD without the review of a subsequent Conditional Use Permit. request and 17. The applicant shall comply with all recommendations of the City Engineer, as outlined in his memo dated June 4, 2007. 18. The applicant shall verify the directional arrows and directional labels on all plans. Recommended Staff Conditions deleted by Planning Commission: 7. Only one access towards the east side ofthe north of Chelsea Road will be allowed. 10. The big box retail site plans shall be revised to include the use of pavers and scored concrete in pedestrian crossing areas and in handicap accessible areas of the parking surface. Pedestrian ramps shall also be provided for the entire PUD site as required by the City Engineer. 12. The entrance to the future lot (Lot 2, Block 1) shall be shown conceptually on all plans. 16. The cap of the proposed silo shall be white or cream in color, as opposed to orange. Recommended Staff Conditions to be resolved as part of Council action: 20 , City Council Agenda - 06/25/07 I 2. The applicant shall reduce the size oAhe proposed pylon sign so as not to exceed 200 square feet in area, nor 32 feet in height. 9. The temporary cul-de-sac at the east end of Dundas Road, just west of the Mills Fleet Farm building, shall be reconstructed as a permanent cul-de-sac as part of this project. 13. The fuel pumps at the motor fuel station shall be re-oriented to be perpendicular to Chelsea Road to provide more stacking space. 14. The applicant shall revise all elevations for the big box retail store to provide additional vertical details, roofline variations, and materials in contrasting, but coordinating colors. 15. The applicant shall revise the car wash design to provide alternate building materials with more visual detail, or relocate the car wash to Lot 2, Block I. 21 RECEIVED l<IM211Ull1 Mills Fleet Farm - Monticello, MN Proposal: Mills Properties Inc. (Mills') is proposing to purchase approximately 36 acres along Chelsea Road to construct a new Mills Fleet Farm retail store, together with the accessory uses they normally have as a part of their operation. The facilities would include a building for retail and warehousing of 273,200 sf.; an enclosed merchandise lot with materials, stored on racking, that is for sale; a controlled merchandise lot entrance gated structure; a seasonal display and sales area for gardening and plant products, sporting goods, etc.; a fuel station and convenience store; and an automatic car wash facility. The location in Monticello is a part of Mills' overall strategy to serve the Minnesota and Wisconsin markets that have a population base, traffic volumes sufficient to support their facilities, and a roadway system appropriate to the traffic. Mills' have stores in both SI. Cloud (Waite Park) and Brooklyn Park and have been looking for something in between since they draw customers from more than 30 miles for each of their facilities. The size of the facilities and customer draw necessitate that they be located along major corridors with capacity to handle the traffic and for easy access, especially outside the metro area. Monticello, in itself is not sufficient in size to support the facilities but the proximity and access to 1-94 and TH 25 provides easy access to additional population bases within reasonable driving distance for shopping. Parcel Size: The scope of the facilities, when combined with ordinance requirements for storm water, landscaping and green space, setbacks from property lines, etc. means that each site requires 35 to 45 acres, depending on the shape and topography. A rectangular site that is flat requires less land than a site that is odd shaped and/or has significant change in topography due to placement on the property and slopes required for grading. Location: Mills' have been looking in the area stretching from the Buffalo area to Big Lake for several years. All of the parcels they have inquired about were, for a variety of reasons, unsuitable for their purposes. The parcel in question has been available during that entire period and although visibility has always been great from the 1-94, they have not even looked at it due to access to the major thoroughfares, including TH 25. That all changed when the interchange was constructed at 1-94 and Highway 18, making the site readily accessible. Now the site not only has great visibility, but also great access to 1-94 and some access to TH 25. Mills' think this site access is much better than any near TH 25 since TH 25 is somewhat congested at this point and will get more congested if Mills' were to construct a facility to add to the traffic. A facility at the proposed location will disperse the traffic from TH 25 and allow the road system to operate at a higher level of service. This is potentially one of the reasons Target and Home Depot chose to rezone property from industrial to commercial and locate at the same interchange, on the opposite side of 1-94. The site is located within the industrial park. There are a variety of business uses in the buildings to the northwest, west and east. There is manufacturing, 7804 Industrial Park Road _ PO Box 2720 . Baxter, MN 56425-2720 . TEl: 218.829.5117 . FAX: 218.829.2517 . WEB: www.wsn-mn.com ENGINEERING ARCHITECTURE LAND SURVEYING ENVIRONMENTAL SERVICES office warehouse, and offices as well as a large school to the south. The land to the north and northeast is vacant, but zoned partially for industrial use and partially for commercial use. The existing businesses are in nice buildings, the newest of which is constructed of precast, similar to the structure and style of the construction used by Mills Properties Inc. To our knowledge all are owned by the occupant of the business located in the structure, as will the Mills Fleet Farm facility. PUD Zoning: The project is on two sides of a public road and thus requires a PUD zoning approval, as we understand it. The PUD zoning and approvals are, again as we understand it, to review and approval all of the following: . Approval of the overall development plan for the project, including review of the items generally reviewed under normal zoning. o Buildings - . The project buildings all meet or exceed the appropriate setbacks for the underlying commercial zoning. o Signs - . See separate detailed description below. o Site Plan - . The green space and landscaping exceed the code and are comparable to Target and Home Depot, which were recently approved. . Parking - The zoning code requires over 900 parking stalls based on the size of the buildings. We have traditionally found that we do not need that many parking stalls and in some cities, have specifically been asked to reduce the number below the ordinance requirements. We have provided 884, including both properties. o Storm Drainage - . The storm water drainage conforms to design and controls implemented by City's consulting engineer. At the request of the City's engineer and staff, in lieu of using the storm sewer system originally planned by City staff and their engineer, we are routing the storm water drainage for the fuel station and the car wash to the pond on the south side of Chelsea Road as a further environmental protection. o Utility connections . Accesses to Chelsea Road . Approval of the normal conditional uses required by the zoning ordinance. o Car Wash o Fuel Station o Merchandise Lot o Automotive Service o Seasonal Sales - i.e. Spring gardening items o Signs as they relate to the retail facility over 150,000 sf and on more than 20 acres (Section 3-9 [E] 3 (b) of the zoning ordinance. . Approval of any deviations from strict interpretation of the ordinance that do not violate safety and other considerations but approval of which will benefit the project. . Parking stall quantity reduced below ordinance based on applicant knowledge of need. . Main pylon sign on parcel where accessory uses are constructed rather than main building. . Fuel station price sign at 18' 4" setback rather than Yz of building setback (1/2 of 50'= 25'). . Approval of signs - location, size, and quantity of all free standing signs and wall signs and logos. . Application of any additional items deemed appropriate by the Council in order that the project meets or exceeds the standards of the Comprehensive Plan and Zoning Code. . Right turn lanes to the main facility on the south side of Chelsea Road. . Storm water drainage from north facility to drain into pond along the west side of the southerly parcel. Benefits of Project: The project will provide benefits that the City should consider in making their decision; . Large facility adding to the tax base of the City . No special funding assistance requested or required from the City - TIF, IRB, etc. . It is a quality project, made of quality materials and will be present for many years . Owner occupied so there will be few additionai requirements on the City that occur when tenants change in other structures. . Approximately 200 employees - 50 full time, 150 part time . Many employment opportunities for young people after school and on weekends . Very secure site - extensive security measures within and outside of structures . Owner works with local police department to ensure safety, security, and protection of site. All violations are pursued. Compatibility: Although the facility is a large retail store, it also contains the same operations as many industrial operations. There are retail goods deliveries, a large warehouse space and operation, and employees and customers. The only real difference is that we must have a significantly higher traffic count to justify the existence of the facility. Truck deliveries will be made during the day and will be conducted only during hours of operation and within the enclosed merchandise yard. Approximately 10 to 15 truckloads of merchandise will be delivered on a daily basis. The hours of operation are similar to a two shift industrial operations. The store opens at 8:00 am and closes generally at 9:00 pm. The convenience store will operate from 6:00 am to 10:00 pm and is therefore open to serve employees prior to going to work or after leaving. The car wash is open 24/7 since it is fully automated and washes can be purchased at the wash. This again is intended to offer a service for those that work late or start early. Our heaviest customer traffic is early evening after normal working hours, weekends, and holidays. These are generally times when retail traffic will not interfere with industrial traffic and will perhaps assist employees in allowing them to make stops on the way to or from home rather than making special trips. Construction Materials: The main retail building will be a steel frame structure with precast bearing walls. The precast walls will have exposed aggregate finishes to enhance the appearance. The entrances will be highlighted by a silo and an overhang with an EFIS exterior finish. The walls will have some variance in height to break up the long appearance. The building will also be turned from the roadway in a manner that will reduce the lengthy appearance. The facility will also have an enclosed merchandise lot that will be controlled by personnel at a yard entrance gate made of the same materials as the main building. The loading docks for the facility will be enclosed within the merchandise lot to the rear of the building (west side) and screened from view. The parking lot is located on the east side of the facility and, although large, it is broken up by many landscape islands and landscaped tim ber cart corrals. The fuel station and convenience store will be located on the north side of Chelsea Road along with the automatic car wash. The convenience store is a wood frame structure with split face block on the exterior, a standard steel canopy structure over the fuel dispensers, a softly backlit perimeter band around both the structure and the canopy, six large underground fuel tanks and a state of the art piping and environmental protection system. All three grades of fuel - regular unleaded, mid-grade, and premium - as well as diesel and bulk kerosene will be available at the dispensers. The system is being constructed to eventually offer things like non-oxygenated fuel, E-85 fuel, Ultra Low Sulfur Diesel, and Sio- diesel with little adjustments. On the same property, an automatic car wash will be constructed featuring 4 bays for washing cars. Two bays will feature a soft brush type of wash and the other two bays will feature the touchless wash preferred by many customers. It will be fully automated and washes can be purchased at the wash, in the convenience store and at the main store. The building will be constructed from the same precast materials as the main store. They are much more durable for the harsh environment internal to a car wash facility. Again, this facility will be landscaped in the same manner as the retail store across the road. Signage: The project will have signage on both sides of the road. The main retail facility will have some wall signage over the auto service facility doors, at the entrances to the building, and logos on the corners. No free standing sign will be present on the south side of Chelsea Road. Instead, a pylon sign will be erected near the rear of the car wash/convenience store facility so it will be visible from 1-94 to provide time for drivers to exit at the appropriate ramps. It is however, set back more than 85 feet from the property line due to a sanitary and storm drainage easement. It is placed to accommodate access to the easement and sized to be readable from the freeway at freeway speeds early enough to allow traffic to properly weave and exit the freeway at the appropriate off ramp, but is in conformance to Section 3-9 [E] 3 (b) of the zoning ordinance. In addition, a monument sign for the fuel station will be erected along Chelsea Road to advertise the convenience store, car wash, and fuel station pricing. The fuel station sign is located in front of the facility, visible to the public. It is in conformance to Section 3-9 [EI 3 (b) and Section 3-9 [E] 4 (f) vi of the zoning ordinance. It is located in a landscaped island but is only 18' 4" from the right of way in lieu of the 25' required, based on Section 3-9. Normally in other communities where we have facilities, a sign of this type would be only 10' from the right of way line. The balance of the signage is all wall sign age and is sized and designed to be attractive, informational, and appropriate for the size and type of building. Signs include: . Free Standing Signs - (North side only) . Main Pylon Sign - 50' high and 400 sf for freeway exposure . Fuel station monument Sign - 14' high and 99 sf for pricing . Main Store - as shown on building elevations . Wall Entrance signs - "Mills Fleet Farm" and "Auto Service" . Wall Signs - "Auto Service", address numerals, logos at corners of the building, "Yard Entrance", "Garden Center", "Entrance", and II Exit" . Fuel Station & Convenience Store - as shown on building elevations . Canopy - "Gas Mart", logos at the corners, "Kerosene" . Wall Signs - Logos at the corners of the backlit light box and. . Car Wash - as shown on building elevations . Wall Signs - "Touch less", "Softgloss", "Car Wash", "Exit", bay numerals, and logos. Menu boards - to advise customers of the washes available.. Traffic: As discussed in the EAW and as shown on other facilities of this type, we expect about 5,000 trips into and out of the facility per day. These trips will include customers, employees, deliveries, and service personnel. Traffic will vary in amount throughout the day with the peaks in the early evening and on weekends. To accommodate the peaks, we expect to construct, or have the City construct as part of the Chelsea Road upgrade, right turn lanes into the main entrances of the facility. This will allow free flow of the through traffic to be maintained. As outlined earlier, no deliveries will be accepted unless the store is open. Any deliveries arriving prior to opening will simply have to wait in the drive lane leading to the yard entrance until the store opens. Site Lighting: The parking lots and buildings will be lighted as all buildings are - to assist and protect customers and employees coming and going from the store after dark, to assist employees and customers in the safe operations during the stocking and sales of merchandise, and for security of all people and property during hours the facility is not open. Photometric layout of the lighting will show that no light spills onto the adjoining properties but will adequately light the site for the defined reasons outlined above. Security lighting will be present during hours the facility is not open to accommodate the use of equipment installed as part of the protection system for the property and people. Landscaping: The property will be landscaped with approximately 310 trees, both deciduous and coniferous and hundreds of shrubs and plants. These will be located around the perimeter and in the landscaped islands and timbered cart corrals. All areas behind the curbs will be covered with grass or mulch and an irrigation system will be installed to provide needed moisture during the hot summer months. The applicant respectfully requests approval of all aspects of the project as presented. ~ItCllTMWES'COIINEROF"T1€ IIORTHIlE5IOU""'TDtOF"SEC'IICIIlU. TOVII<lSllPI2'.ItNllG(~ ~ ~ I I I ::', '.::;' .,,, / '~: ,;? , I ,,,. 0...1 . ~~,,~. "~ "C:f!S:{ir. ~I,;" ,'_. '<~, ......-lI6TLIlEOfSECTlClN1" /' 1O'a\I!HP121,RAMO[U ; ; ~ :.....: ;:~.:' .~,:/ ---:<~}::" t,,\. JC~ PRELIMINARY PLAT OF MILLS ADDITION TO MONTICELLO ~ I I I I ~'" I~ I I ~ ~ ~ ~ ! /....:7~':'_. <..hJ(" '., t,.:; /1:." ii!(~ /:.~~. ',.1 Ii) I j<c .'...: IX' ,:~:.' (\' IIAN:1IOF"~T1CEU.Ou.c1 -.' B\..OC\( 3111Q1E:LSEARO r'j IWCnJlCEUAlIN!lIl3I2 ,'; "''.,/q .J< ~ \)\.cp:. LOT 1 ~ ~ '..: r', .- LOT2 D....LNtllKA'IHlUNHOlTIWIS '''to1MS'. -./ IoQITlC!U.o.UN~SX2 (;' ,::.t ,",.1 "1tGllAq:D~~ftCHCj IllIOl5rAUQNA"Ot. 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'" '" ~ " , ~ <. <. < q" "'J .q.,. ~ "'" "'" <. ' '. , '. '" '. ' " '. '" " ' ~ '" , " ~ " . . " -. -, " < " " " II " , " '. " " , ~ I .. ! ~ , I ~ 1 ~ , ... !I '. , " . . ;:0 " 0 =1 n :I: ?'i n c .." r ;p- C '" n tn co m <- t:O 5 '" l' -j 0 ,. '" n ?'i . f ~ . PRECAST WALL PANELS. '" '<" 5 o .., ::r: '"r1 Z Vl ::r: SILO FACADE June 4, 2007 MONTICELLO Ms Kimberly Holien Northwest Associated Consultants, Inc. 4800 Olson Memorial Highway, Suite 202 Golden Valley, MN 55422 Re: Mills Fleet Farm Concept PUD and Preliminary Plat Submittal Review Comments City Planning Project No. 2007-009 Dear Ms Holien: The Engineering and Public Works Departments offer the following comments on the Mills Fleet Farm Concept PUD and Preliminary Plat Submittal: Gradinl! and Drainal!e 1. Based on the proposed use of the property north of Chelsea Road as a fueling station the City is requesting that the storm sewer system serving this site be routed through the High School Pond to the south, rather than routing it to the west along Chelsea Road. 2. The grading of the infield area between the two entrances to the Mills Fleet Farm site south of Chelsea Road should be revised to provide positive drainage to the storm sewer structure located in the middle of this area. Is there a reason that this has been graded as a low area? 3. Combine the two storm sewer outlets to the High School Pond into one outlet at the south end of the parking lot. 4. Provide all required drainage and utility easements around the perimeter of both sites. 5. A minimum pavement grade of2% is recommended throughout the parking lot. Utilities 1. Replace all 90-degree watermain bends with two 45-degree bends with a minimum of 10- feet of watermain between the bends. 2. Provide profiles of all utilities at crossing locations to make sure no conflicts exist. 3. [fany portion of the southerly site is to be split off and sold at a later date it must have its own utility services in order to do so. 4. Sanitary sewer manholes with a drop of more than two-feet must be an outside drop manhole. 5. The City's Fire Chief must review the final utility plans to ensure that there are an adequate number of fire hydrants on site, that they are spaced adequately, and that a hydrant is located no more than ISO-feet from each FDC for the building for adequate fire fighting capabilities. Monticello City Hall, 505 Walnut Street, Suite J, Monticello, M/\ 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 Kimberly Holien June 4, 2007 Page 2 of2 Streets 1. Only one access towards the east side of the site north of Chelsea Road will be allowed. There appears to be ample room on site to push the building to the north to provide acceptable levels of circulation for all vehicles on site. 2. Right-turn lanes should be provided at all access locations on Chelsea Road. 3. The temporary cul-de-sac at the east end of Dundas Road,just west of the Mills Fleet Farm building, must be reconstructed as a permanent cul-de-sac as part of this project. This may require using some land on the Fleet Farm site. 4. Provide pedestrian crossing striping and pedestrian curb ramps as needed between the parking lot and the front of the Mills Fleet Farm building. 5. The entrance to the future lot (lot 2 block 1) should be shown conceptually on all plans. Please call me at 763-271-3236 should you have any questions regarding any of the comments above. Sincerely, CITY OF MONTICELLO Bruce Westby, P.E. City Engineer cc: Jeff O'Neill, City Administrator John Simola, Public Works Director Angela Schumann, Community Development Coordinator Phil Elkin, WSB and Associates, Inc. Comments to Staff Recommendations Comments were sent to us late on Thursday so we have had little time to review and digest them. In addition, we have had little time to talk to staff about them for clarification so the attached comments represent only a preliminary response. Additional response comments will be provided as soon as some of the items are clarified. CUP/PUD: . Preliminary Plat . Outdoor Storage - o Perimeter Fence is made of industrial racking with treated 2 x 6 material attached to the exterior. A shed roof is attached which is made of pre-finished metal. Standard color for the metal is white but dark green or dark brown are also available. o Lighting Plan - As discussed with staff, a photometric plan will be provided as part of the detailed design package submitted for final approval. o Exterior racking - We do not agree with the proposed requirement that does not permit any exterior racking that is necessary and appropriate to organize and protect the merchandise in the yard. . Car Wash - o Lighting Plan - As discussed with staff, a photometric plan will be provided as part of the detailed design package submitted for final approval. o Drainage Plan - We have not seen the memo dated June 4, 2007 so we cannot respond. . Motor Fuel Station/Convenience Store- o Architectural Appearance/l-94 - Due to the setback from the freeway and the elevation differential, this building will not be seen from the freeway. Your ordinance atso requires screening such that this building will be at least 60% screened from the freeway. The combination of traffic moving at 70 mph, the small size of the building, and the screening, will result in motorists not even seeing the buildings on the lot. o Drainage Plan - We have not seen the memo dated June 4, 2007 so we cannot respond. o Lighting Plan - As discussed with staff, a photometric plan will be provided as part of Ihe detailed design package submitted for final approval. . Parking - o Quantity - Typically ordinances require parking stalls in excess of needs for retail facilities. They are based on the best days any retail facility could have. We are just completing a new facility exactly like this one in Rochester with 780 parking stalls. Typical parking lots require approximately 350 sf per stall including circulation. This would mean approximately 1 acre of Lot 2, Block 1 (3.87 acres in size) would be used to provide the additional spaces if needed. Further, our stalls are 10 x 20 compared to the 9 x 20 required by the ordinance. Simply re- striping the lot could provide as many as 90 additional spaces, if needed. M:I0115B0070-MonticelloI0115B0070.000-New StorelCorrespondencelPermitslPUD-CUPIComments to Staff Recommendations.doc . Landscaping - o We have carefully attempted to ensuire we complied with all aspects of the ordinance, including the screening oil each side, screening from 1-94, and total quantity. o Irrigation - All landscaping on the property will be irrigated to ensure adequate water for growth. o Pedestrian crossings - We have detectable warnings at all points of access to the building and an annual maintenance program for striping of the parking lots. We have found pavers to be a maintenance problem and a tripping hazard for pedestrians. We have no retail experience with scored concrete paving at pedestrian crossings but due to the change in materials, there is a potential for tripping and falling resulting in injury. . Lighting.. As discussed with staff, a photometric plan will be provided as part of the detailed design package submitted for final approval. . Sign age - a Pylon/Monument Sign age - While our site is owned by one user, it is effect a large mall with many departments and is a shopping center. It is also located on the south side of Chelsea Road with potential development on a strip of land that is more than 500 feet deep. The pylon sign is set back more than 85 feet from the property line, is 50 feet high to show above the trees and landscaping required to be provided. Further, it is sized to be readable from a distance when a motorist is traveling at 70 mph on the freeway so adequate time is provided to weave to an exit. We respectfully request the sign be allowed pursuant to the terms of your ordinance. Even Monticello puts the name of their City on a water tower that is 125 feet tall. a Wall Signage North Side Chelsea - . Fuel Station - The "Gas Mart" and the two product signs on the north face of the building will be eliminated. This will reduce the overall wall signage on this building by 112 sf. Those on the east and west face serve as impulse advertising for persons parking against those faces of the buitding. The total signage will depend on the result of the orientation question staff has raised. . Car Wash - Signage on the car wash is primarily directional. There are identifying signs above the particular bays identifying the type of wash available in that bay. There are menu boards at the payment kiosk to provide information about the washes to the customers and there are bay numbers to facilitate responding to complaints, maintenance, etc. The only non-directional signage is the "Car Wash" sign itself. Again, we do not understand the memo and would like to discuss this with staff. o Wall Signage South Side Chelsea - No comments. . Access and Circulation - o South Side - . The easterly access has been widened to accommodate the entrance and exit of the truck traffic we expect to receive so they stay within the paved area. We do not expect to have three lanes for traffic to enter and leave the site. This would be normal if there were an opposing street, but there is not. M:\Ol15B0070-MonticelloI0115B0070.000_New StorelCorrespondencelPermilslPUD-CUPIComments to Staff Recommendations.doc . The westerly access is again determined by the fact that traffic is right in and right out only. There again is no opposing street for straight through traffic. In addition, we are not encouraging any truck traffic through this intersection due to the amount of pedestrian traffic we expect and the turning movements needed to accommodate trucks. Accordingly, we do not understand the request. . Right Turn Lane - We agree with the recommendation for protected right turn lanes. o North Side - . Two Accesses - The accesses are set up to accommodate vehicles entering and leaving both facilities. The dispensers allow traffic to flow either way depending upon which side the fuel cap is on. After fueling, traffic can either go to the wash or exit the facility. A single access would cause a significant amount of conflict with drivers attempting u-turns or backing up to get on the correct side of the dispenser. Two accesses accommodate the tanker while deterring large truck traffic from entering. It would be very difficult for a tanker to enter and leave the site and it would effectively block traffic during every drop of fuel into the tanks. . Location & orientation - The orientation was chosen after looking at several alternates. . The site is restricted by the 85 foot sanitary easement on the north side that prevents any structure from being constructed within it. We have paved over it but are using that area for stacking of cars wishing to get a wash. With 17 fueling points at this location, we would not anticipate anyone stacking beyond the dispensers. If this location were at the corner of CSAH 18 and 1-94, it might be a different case. . Re-orienting the buildings as suggested will not allow for stacking at the wash since the turning movements for all vehicles entering and leaving the fuel station would take more land than the current orientation. . We have looked at placing one or both on the south side of Chelsea Road but the shape of the property does not match with the needs of the use for buildings, access and stacking. . Pedestrian Access - Pedestrian crossing striping and curb ramps are included and planned at the facilities on both sides of the road. . Overall Site - o One access on north side - we disagree as outlined above. o Right Turn lanes - We agree with this request o Dundas Road - We were told early on that the City was unsure whether they wanted this road to extend. If a cui-de sac is required, it should be on existing right of way or those using the road should donate the land for right of way. o Pedestrian Crossings - We prefer routinely maintained pavement striping rather than either of the alternates due to the potential for trips and falls resulting in injury and lawsuits, and increased maintenance, including difficulty with snow removal, damage to the edges of the pavers or concrete. Snow and ice buildup in the joints could cause slips and falls. This will necessitate an increased amount of sand and salt to be used which will be tracked into the store causing increased interior maintenance as well. M:I0115B0070-MonlicelloI0115B0070.000-New StorelCorrespondencelPermitslPUD-CUPICommenls to Staff Recommendations.doc o Entrance to Lot 2 - Inasmuch as we have no idea at this time what is planned for the lot, we can show and entrance but it will almost certainly be in the wrong location. We would prefer to simply remove and replace any curb and gutter necessary at the time of approval for a use on the lot. . Building Design - o North Side Building Design - . Car Wash Overhead doors - As discussed previously in these comments, the easement is dictating the orientation, the building is on a parcel with a large setback due to the easement, and the ordinance requires 60 % opacity year round for landscaping. It therefore appears that this building will not be seen by fast moving traffic on the freeway. o South Side Building Design - . Main building - . The precast is two colors of exposed aggregate that is not grey. The colors are buff and plum and as has been seen in the color photos, are very compatible with the rest of the colors on the facility. . The Overhead doors - Only the automotive service doors are visible to the public from Chelsea Road. All other doors are either in the rear of the building and screened or more than 800 feet from the road and at such an angle so as not to be seen without being on the property. . Silo - The silo is Mills' trademark and is unoccupied above the main roof line so as such it is similar to a church spire. The main roof line is at about 24 feet with several architectural parapets raised above that to provide architectural character and generally shield any roof top equipment from the ground. . Materials - The building is comprised of architectural exposed aggregate precast, EFIS, and glass predominantly. There is additional pre-finished metal trim around the building, including the silo dome. We believe the colors are harmonious with the neighborhood and work well with each other on the building. o We do not agree that the silo should be white as shown in the comparison with Lakeville. The colors white and black are the most difficult to keep looking good because they show every flaw in shape and all the dirt that is contained in the air. o We do not agree that the west and south elevations of the building should be changed since both are hidden by the merchandise yard and screened from everyone except those entering the yard. The same materials that have been used on the other two sides of the building are used on these two sides despite the screening but we do not think anything special should be required. . Grading & Drainage - o Fuel Station Storm Sewer - We understand the City's desire to have this drain into the pond on the south side of Chelsea Road on the west side of Lots 1 and 3, Block 1. That is fine with us. M:\Ol15B0070-Monticello\0115B0070.000-New Store\Correspondence\Permits\PUD-CUPlComments to Staff Recommendations.doc o Grading between entrances - We have left this area low only to serve as a green space and an infiltration basin in addition to the ponds on the site. There is no other reason. o Combine two outlets to High School Pond - We will change the plan to accommodate this request. o Drainage and Utility easements around perimeter - We do not know what your requirements are yet but if they are similar to standard requests, we are used to that and have no issue with such a request. o Minimum 2% pavement grade - Paving a large lot is an art. We use a minimum of 1 %. A minimum of 2 % results in some areas that are 3 %. We have had complaints from customers when their shopping carts roll away from the car into traffic. Worse yet is when a child is still in the cart. Also, achieving a minimum of 2% in this case would require bringing into the site a significant amount of fill since the catch basins need to be higher than the high water in the pond. We have reviewed this in detail and will work with staff to validate results. . Utilities - o 90 degree bends - We will work with staff on the details of the utility layout to achieve the desired results. We have not fine tuned the design at this stage since we certainly do not know if the project will even be approved. o Profiles - These will be provided with the detailed design if approval of the zoning, concept plans, etc. is obtained and we move forward to a permit. o Split/Sale of southerly lot - A separate utility service for both water and sewer will be established at that time. o Drop manholes - We concur. o Hydrant location - As part of the final design, we will meet with the Fire Chief. o Sanitary Sewer - We assume this is the deep sanitary on the north side of the north lot. We have it located and will show it on all final drawings. o 12 Drainage and utility easement - We are unaware of any drainage and utility easement in this area. We will do further research to ensure we are out of the area. o Watermain size - We do not understand this item. We obtained the size information from the City's engineer and we have routed watermain around our site as needed to provide service and fire protection. We will need to clarify this item with staff. o Sanitary Sewer Lot 1, Block 2 - We do not understand this note and will review it with staff. M:\0115B0070-Monticello\0115B0070.000-New StoreICorrespondence\Permits\PUD-CUP\Comments to Staff Recommendations.doc EXHIBIT Z - CONDITIONS OF APPROVAL 1. Rezoning - We understand everything is contingent on rezoning. 2. Sign - We do not believe the smaller and lower sign is in the best interest of making this project feasible. We respectfully request we be allowed to construct the sign as proposed. 3. Photometric Plan - As discussed, if approved a photometric plan will be submitted as part of the detail design. 4. Exterior racking - Based on a conversation with Angela on 6-12-2007, we understand this to mean "no racking outside the enclosed merchandise yard space". If this is the case, it is acceptable to us. If this is not the case and no racking will be allowed anywhere, it is unacceptable, due to the disorganization and deterioration of merchandise and potential safety concerns for employees and customers. 5. The additional stalls will require approximately 1 acre of additional property. Lot 2, Block 1 is 3.87 acres in size. There is sufficient room if additional spaces are needed. If required, we will prepare a layout and show that to the City. 6. Convenience Store Wall Signage - We do not understand the note in the comments but we have agreed to remove the product signs on the north side of the building. We will work with staff to address signs on this building as soon as we fully understand the comment. 7. One access to Convenient Store - One access will not work. Turning movements for both vehicles and tanker trucks will be extremely difficult without acquiring significant more land. I know of no fuel stations that are required to operate with one access. 8. Right turn lanes - We concur. 9. Temporary cul-de-sac -It should be constructed on existing right of way without involving Mills Properties Inc. 10. Pavers/Scored Concrete - We prefer striped pavement for a variety of reasons already outlined. 11. Outdoor sales - We have outdoor sales within the merchandise yard, particularly in the garden center. We would like to have you consider spring plant sales in the southerly end of the parking lot if we can show we have sufficient parking to provide for it. 12. Entrance to Lot 2, Block 1 - As discussed, we believe this is premature and will be subject to what is being planned and approvals at the time. As such, we would prefer to say nothing at this time and leave it for future approvals. 13. Fuel Pump Orientation - We do not agree with this design request. It will cause operational concerns without acquiring significantly more land and we would still want two accesses. 14. Big Box Architecture - We already have additional vertical details and roofline variations shown on the building at all corners, at the auto service entrance, at the main entrance and at the mid-point of the southerly portion of the east wall. All of these locations are parapets to provide architectural character and variety and screen equipment. We believe the elevations are simply not understood by staff. 15. Car Wash Materials - The exposed aggregate architectural precast panels are the same as on the main building and are used due to the harsh environment of a car wash. There is no need to relocate the car wash to the southerly site due to the amount of screening your ordinance requires and is provided. 16. Silo dome color - Changing the color to white is not acceptable. We did it in Lakeville and have since decided we would not do it again. Courts have determined that color is not an acceptable criterion for approving or denying a request. 17. City Engineer memo - We have not seen the memo and cannot respond. 18. Directional Arrows - We will verify orientation to north on all plans. M:I0115B0070-MonticelloI0115B0070.000-New StoreICorrespondenceIPermits\PUD-CUPIComments to Staff Recommendations.doc Council Agenda: 6/25/07 12. Consideration of Proiect Award for the Reconstruction of Chelsea Road (CSAR 18 to West of Fallon Avenue) (City of Monticello Proiect No. 2006-31C) (City/WSB) A. REFERENCE AND BACKGROUND: Bids for the referenced project were received and opened on Wednesday, June 13,2007. The City received thirteen bids, which were very competitive, with LaTour Construction, Inc. submitting the low bid for this project as determined by the alternative materials and designs bid as part ofthe project. The public hearing for the project was held by the City Council at the May 14,2007 meeting. The proposed infrastructure improvements include reconstructing approximately 4,200 feet of Chelsea Road from where it was improved with the interchange project, approximately 800 feet west ofCSAH 18, to approximately 800 feet west of Fallon Avenue with curb and gutter and storm sewer. Fallon Avenue is proposed to be realigned and reconstructed to an urban section approximately 450 feet to the south from the intersection with Chelsea Road. Chelsea Road is proposed to be constructed with two through lanes and a center left turn lane, 44 feet wide within the existing right- of-way/easement. The bids for this project included four alternates. These alternates were to evaluate any cost savings associated with using different storm sewer pipe material and to evaluate the cost of constructing a pathway along the north side of Chelsea Road between CSAH 18 and Fallon Avenue. The bid prices using corrugated High Density Polyethylene (HDPE) pipe came in $9,267.80 lower than concrete pipe. The cost of adding a bituminous trail was an additional $63,814. Engineer's LaTour Estimate Construction, Inc. Base Bid $1,665,972.05 $1,291,907.38 . Schedule A - Surface . Schedule B - Sanitary . Schedule C - Watermain __.~~l1"~~I".Q:::~!g11p_,,,/~!,!P"_.______ Bid Alternate #1 $2,228,089.05 $1,729,857.48 . Base Bid .___._S_~.l1,,~~I_e}~_:::.~t()11pJ~g!'!Qel____________ Bid Alternate #2 $2,214,860.05 $1,720,589.68 . Base Bid _~~cl1"~~"_l':::_~!~11p_(g!'.I)ip"L_____________ Bid Alternate #3 $2,313,889.05 $1,793,671.98 . Base Bid . Schedule E - Storm (RC Pipe) ____.~~11,,~1,1!_"_9:::_!'~!11_"'~X_______....._______ Bid Alternate #4 $2,300,660.05 $1,784,404.18 . Base Bid . Schedule F - Storm (CP Pipe) . Schedule G - Pathwav C\DocumellfS alld Selling.1duwn.grossingeriLo<:al &ttingsLTemporory inkrnel FilesIOLKB3iA.GN ffM-Chelsea R()(Jd&~anAl<d..()(j2J01 (J).doc Council Agenda: 6/25/07 The following two items will require additional discussion by the Council: . Excess Fallon Avenue Right-of-Wav: The City needs to purchase some right-of- way along Chelsea Road just west of Fallon Avenue. In addition, the City will have some excess right-of-way once construction is complete. There is a separate agenda item in the packet to address this issue. . Assessments: We will be evaluating assessment revisions based on the actual bid prices and will bring information back to the Council at a later date. B. ALTERNATIVE ACTIONS: 1. Award the project to LaTour Construction, Inc. based on the Total Bid Alternate #1 RC pipe for a total of$1,729,857.48. 2. Award the project to LaTour Construction, Inc. based on the Total Bid Alternate #2 HDPE pipe for a total of $1,720,589.68. 3. Award the project to LaTour Construction, Inc. based on the Total Bid Alternate #3 RC pipe and paving a bituminous trail for a total of$1,793,671.98. 4. Award the project to LaTour Construction, Inc. based on the Total Bid Alternate #4 HDPE pipe and paving a bituminous trail for a total of $ 1,784,404.18. 5. Do not award the project at this time. C. STAFF RECOMMENDATION: It is the recommendation of the City Administrator, City Engineer, and Public Works Director to select LaTour Construction, Inc. to construct the project at this time. Due to a slow construction industry, the bids are extremely favorable at this time. We would recommend using Alternate #1 or Alternate #3 based on the small difference in cost to use all concrete pipe, but the Council could choose to accept the HDPE alternative. With regard to the pathway, it has been identified in the pathway plan for years and always intended for construction at the time of Chelsea reconstruction. The Chelsea corridor already provides a point A to B route for regular bike and pedestrian traffic. It is important to recognize this fact and take the opportunity at this time to separate pedlbike use from auto/truck traffic for the sake of safety and quality of life. However, if Council believes that the conflict in use between pedestrians and vehicles does not warrant this expense, it can be easily removed from the project. As a point of reference, last year the pavement prices were $8.00/ton and $16.00/ton higher for base course and wear course pavement, respectively. These two items alone saved $81,000 on this year's project. 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