Loading...
City Council Agenda Packet 05-08-1989AGENDA FOR THE MEETING OF THE CITY COUNCIL Monday, May 8, 1989 - 7:30 p.m. ` Mayor: Ken Maus Council Members: Fran Fair, Warren Smith, Shirley Anderson, Dan Blonigen 1. Call to order. 2. Approval of minutes of the regular meeting held April 24, 1989. 3. Citizens comments/petitions, requests, and complaints. 4. Public hearing on the re -assessment of the 81-1 Improvement Project - Edgar Klucas and Dan Frie. 5. Consider a rezoning request to rezone residential unplatted property from R-3 (medium density residential) to PZM (performance zone mixed). Applicant, J 6 K Properties. 6. Consideration of a preliminary plat request for a proposed new residential subdivision plat. Applicant, West Prairie Partners. 7. Consideration of approving declaration of protective covenants and restrictions of the Evergreens. 8. Consideration of adopting Evergreens Development Agreement. 9. Consideration of final plat approval of phase I of the Evergreens subdivision. Applicant, Kent Kjellberg. 10. Consideration of rezoning agricultural land to residential and commercial usage - Evergreens development. 11. Consideration of ordering publication of notice of environmental assessment worksheet comment period. 12. Consideration of adopting Kjellberg Mobile Rome Park East Development Agreement and consideration of approving expansion of the Kjellberg East Mobile Homs Park. 13. Review and discuss plan of action designed to address concerns of Meadow Oak residents. 14. Conaideration of approval of contract with Polka Dot Recycling for curb -aide recycling in the city of Monticello. 15. Consideration of change order #2 for Project 88-01C, Pumphouse 13. 16. Consideration of Council support requesting the Department of Revenue hold a public hearing on a proposed rule change concerning valuation and assessments of electric utility companies. t , Council Agenda May 8, 1989 Page 2 18. Consideration of authorizing purchase of replacement motive water pump for equalization basin - WWTP. 19. Consideration of awarding Project 89-1 to Channel Construction for the improvement of Marvin Elwood Road extension and discussion of potential assessment method. 20. Consideration of adopting Meadows and Meadows Second Addition Developer Agreement. 21. Consideration of granting final plat approval - The Meadows Second Addition. Applicant, Value Plus Homes. 22. Public Rearing - Consideration of vacating streets, utility, and drainage easements. 23. Consideration of townhouse association to own and maintain sanitary sewer main. 24. Adjournment. MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, April 24, 1989 - 7:30 p.m. Members Present: Ren Maus, Fran Fair, Warren Smith, Dan Blonigen, Shirley Anderson Members Absent: None 2. Approval of minutes. Motion was made by Dan Blonigen, seconded by Shirley Anderson, and unanimously carried to approve the minutes of the regular meeting held April 10, 1989. 3. Citizens comments/petitions, requests, and complaints. Rhonda Thielen, of 1020 Meadow Oak Drive in Monticello, voiced her concerns regarding public nuisance related problems in the Meadow Oak Subdivision. Thielen went on to make the following requests: 1. The City should provide better enforcement of existing public nuisance ordinances. 2. Action needs to be taken to control garbage in the development associated with the construction of houses and that the practice of creating dirt piles on vacant lots in anticipation of house construction needs to be regulated by the City. The dirt piles are a dangerous playground for children and are impossible to mow once weeds set in. 3. Property owners should be required to sod and seed their yards within a reasonable time period. 4. Thielen requested that the City take steps to assist local homeowners in protecting the value of their individual investments. 5. The City is asked to regulate placement of recreation vehicles, boats, etc., in the Meadow Oaks area, as the lots are too small to allow placement of ouch items in the front yard areas. 6. Thielen was generally unpleased with the weeds and garbage in the Meadow Oaks Development and that the City should take a "get tough" approach to enforcing its existing ordinances and possibly creating now ordinances to address the problems that have developed in the area. It was her view that this action needs to be taken especially in light of the fact that the covenants regarding the regulation of that property were never filed even though it was a Council requirement at the time of the platting of the property. (C3;? Council Minutes - 4/24/89 Mr. Thielen also spoke on the topic and suggested that the City develop a system of issuing fines to those that violate public nuisance ordinances. Jamie Schwartz asked that the City apply pressure to the developer to encourage him to follow through on promises to sod and seed lots. She also noted that the dirt hills are a safety hazard for children and that the pond in Meadow Oaks should be fenced for the safety of children. Rick Bush requested that the City do something to discourage people from cutting through his yard to get to the park. Mayor Maus noted that staff will address these concerns and prepare alternatives for action to the City Council at the next meeting. He went on to mention that the City may wish to enter in with the residents in a class action suit against the developer for violating the covenants associated with the development. 4. Consideration of amendment to the Zoning Ordinance to allow auto body shops as a conditional use within the B-3 (highway business) zone. Assistant Administrator O'Neill reviewed the recommendation of the Planning Commission which was in favor of allowing auto body activity to occur in the B-3 zone provided that numerous conditions are adhered to. Ken Maus reviewed the proposed conditions and suggested that the vehicle storage area be limited to 509 of the floor space of the structure housing the auto body shop rather than 308 of the floor space. It was his view that it would be more likely that all the vehicles that were to be serviced by the body shop would remain inside the storage area if it was slightly larger. He also suggested that the floor of the vehicle storage area shall consist of asphalt or concrete paving. Mayor Maus also noted that the development of an auto body shop in this area does tie in with the existing land uses and that given the conditions listed, it is likely that the auto body shop will have a positive impact on the neighborhood. Fran Fair concurred with this viewpoint. Warren Smith noted his concern regarding this issue and indicated his uneasiness about allowing auto body shop activity to occur in the B-3 zone. It was Smith's view that it will be difficult to guarantee the adjoining property owners that their property values will not be diminished by the presence of an auto body shop in the neighborhood. After continued discussion, motion was made by Dan Blonigen, seconded by Shirley Anderson, to include auto body repair as a conditional use, including but not limited to the following conditions: a. Door opening to service area garage must not face street frontage. b, vehicle storage area limited to 50% of floor apace of the structure housing the auto body shop. v Council Minutes - 4/24/89 c. All vehicles being serviced and all vehicle parts must be stored inside or in vehicle storage area. d. Vehicle storage area shall be enclosed by enclosure intended to screen the view of vehicles in storage from the outside. Enclosure shall consist of a six-foot high, 1008 opaque fence designed to blend with the auto body shop structure and consisting of materials treated to resist discoloration. e. The floor of the vehicle storage area shall consist of asphalt or concrete paving. f. No work on vehicles or vehicle parts shall be conducted outside the confines of the auto body shop. g. The advertising wall facing the public right-of-way shall consist of no more than 508 metal material. h. 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. i. The development shall conform to minimum parking and landscaping requirements of the Zoning Ordinance. J. 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. Motion based on the finding that the amendment is consistent with the Comprehensive Plan, the amendment, and concurrent conditions result in auto body shop activity being compatible with the character of the surrounding area. Voting in favor of motion: Ren Maus, Fran Fair, Dan Blonigen, Shirley Anderson. Opposed: Warren Smith. SEE ORDINANCE AMENDMENT NO. 175. Consideration of a conditional use permit request - Monticello Auto Body - Assistant Administrator O'Neill reported that the Planning Commission recommended to the City Council that Monticello Auto Body be awarded a conditional use permit as requested. Warren Smith noted that since the Council had agreed to establish auto body activity in the B-3 zone that he would not oppose this particular conditional use request, as it was his view that auto body shop activity at this particular location is appropriate. There being no further discussion, motion was made by Fran Fair, seconded by Dan Blonigen, to grant Monticello Auto Body Shop a conditional use permit to allow the operation of an auto body shop in the B-3 zone. Applicant must comply.with all conditions included in the recent zoning amendment. Motion carried unanimously. 6. Consideration of resolution receiving report and approving Qlans and sL)ecificatione and ordering public hearing on Misaissippi Drive improvement pro3ect. City Engineer, John Badalich, reviewed the preliminary cost and feasibility report which indicated that the proposed construction will 3 Council Minutes - 4/24/89 cost approximately $144,000. John Simola suggested that the feasibility study may include costs that are slightly conservative, and it is his view that the ultimate cost of the improvement with some modifications to the plans will be closer to $80,000. At this point in the meeting, Council discussed a potential method of assessing the cost of the project. It was the view of Mayor Maus that the adjoining property owners should not be required to pay 100% of the cost of the project because the original street did not achieve its design life of 15-20 years. Dan Blonigen did not necessarily support the idea of the City paying a portion of the cost to reconstruct Mississippi Drive. He was also concerned that the City will be placed in a position to reconstruct the entire street because the original street was designed and constructed incorrectly. John Badalich responded by saying that all streets are not designed to last 20 years and that this particular street, given the poor subsoil conditions, could not be expected to last as long as a street located in another area in Monticello. Shirley Anderson noted that this seems to be a good time for the construction to occur given the favorable prices. John Simola concurred and noted that the City should push ahead with this reconstruction in order to receive the benefit of the favorable construction costs available at this time. There being no further discussion, motion by Fran Pair, seconded by Shirley Anderson, to order a public hearing for improvements, approve plans and specifications, and authorize advertisement for bids on the Mississippi Drive improvement project. The public hearing date to be net for May 22, 1989, at 7:30 p.m. Motion carried unanimously. SEE RESOLUTION 89-13. Consideration of cost study for street upgrading within the Oakwood Industrial Park and ordering public hearing on the improvement. John Badalich reviewed the history behind development of the existing streets in the Oakwood Industrial Park area. Badalich noted that the cost to bring industrial park roads from their existing capacity to 10 tons will range from $245,000 to $420,000 depending on which streets are selected for improvement. Council reviewed the alternatives and determined that it would not be necessary to improve Fallon Avenue at this time. Mayor Maus noted that the Industrial Development Committee had recommended that a feasibility study be developed for this project but had not recommended a plan for financing this program. Now that the cost estimates are in, this information should be returned to the Industrial Development Committee for further input, regarding financing. It was the consensus of Council to go ahead with ordering plans and specifications for this improvement, an the engineering information will be useful in the future even if the project is not ordered today. Council was again reminded that the cost to overlay this area will never be cheaper than it is this year and that this matter needs to move ahead in order for 0 Council Minutes - 4/24/89 the City to gain the benefit of the reduced prices associated with the County Road 39 overlay work scheduled for early this summer. After discussion, motion was made by ?ran Fair, seconded by Warren Smith, receiving feasibility study and ordering a public hearing for improvements, and authorizing advertisement for bids on the street upgrading within Oakwood Industrial Park. The public hearing date to be set for May 22, 1989, at 7:30 p.m. Motion carried unanimously. SEE RESOLUTION 89-14. 8. Consideration of establishing Council representatives on Economic Development Authority. Fran Fair and Warren Smith volunteered to serve on the Economic Development Authority. Tenure of the Council membership on the EDA runs parallel to the Council members term of office. 9. Consideration of authorizing Deputy Registrar appointment. Administrator Wolfsteller informed Council that he is recommending Pat Rovich for the position, as she has four years of experience as a Deputy Registrar Clerk. After discussion, motion was made by Shirley Anderson, seconded by Fran Fair, to appoint Pat xovich to the position of Deputy Registrar Clerk at a base salary of $7.50 per hour. Motion carried unanimously. 10. Consideration of authorizing Junk Amnesty Day - May 20. Motion made by Dan Blonigen, seconded by Warren Smith, to authorize Junk Amnesty Day for May 20, 1989. Motion carried unanimously. 11. Consideration of request by Monticello Township to modify previously adopted fire agreement on aerial ladder truck. Motion made by Dan Blonigen, seconded by Shirley Anderson, to ro-affirm the previously adopted fire agreement on aerial ladder truck. Motion carried unanimously. 12. Consideration of adopting Softball/Baseball Association agreements for use of NSP Softball fields. City Administrator Wolfsteller noted that although the Softball Association and Baseball Association aro aware of our regulations concerning usage of the field, including reservations, tournaments, etc., staff feels a policy should be adopted. Although it appears that by only charging the Softball Association 8125 for every team that participates and a tournament fee in addition revenue will not match the expected maintenance and operation coats of the field, the fees expected will help offset the coat of this complex. The 8125 charge to similar to other communities. If the intent is to cover 100% of our operating cost, the cost may be prohibitive. 9 Council Minutes - 4/24/89 Councilmember Blonigen outlined his opposition to utilizing general tax money to maintain this ballfield which is primarily used by organized leagues. Shirley Anderson concurred with this viewpoint. Ken Maus stated that this facility is used at times by the general public and that the City should be responsible for financing a portion of the basic expenses associated with maintaining the fields. It was also noted by Kevin Hoglund that the fields are used by the Little League teams and that the Softball Association does not have unlimited access to the fields. After discussion, motion was made by Warren Smith, to adopt the agreement with the Softball Association with the provision that the Softball Association submit a financial report to the City by October 1, 1989, which spells out concession revenue earned by the Softball Association for the year. Motion seconded by Fran Fair. Motion passed unanimously. 13. Consideration of ratifying new Fire Chief appointment. Motion node by Warren Smith, seconded by Shirley Anderson, to approve the appointment of Jerry Wein to the position of Fire Chief. Motion carried unanimously. Council also recognized and commended Willard Farnick for his outstanding performance as Fire Chief. 14. Consideration of authorizing purchase of replacement diverter gate mechanism - WWTP. After discussion, motion was made by Shirley Anderson, seconded by Dan 8lonigen, to authorize replacement of the diverter gate control unit from Limitorque Corporation of Willowbrook, Illinois, for a cost of $2,800. Motion carried u,9nimously. 15. Provide recommendation to Council representative to OAA on prolposal to rezone agricultural land to R-1 usage. Proeerty located at the northeast 1/4 of Section 22, Township 121, Range 25. Property also known as the Berry Farm. Assistant Administrator O'Neill informed Council that the developer has withdrawn his application for rezoning at this time and that the OAA will not be hearing this matter at the May meeting. O'Neill did go on to inform the Council that the OAA will be discussing a request submitted by Kurt Markling to subdivide property from the property owned by Robert Rrautbauer. This property is located along the eastern edge of the city limits and is divided by the freeway. Markling is applying for a variance which would allow the legal subdivision of land that is physically separated by the freeway. It was the consensus of Council that the representative of the City to the OAA should support this request for a variance. 8 Council Minutes - 4/24/89 16. Consideration of Extended Area Service endorsement. Council was informed by Economic Development Director, 011ie Koropchak, that the Industrial Development Committee requests that the City consider endorsing the study of gaining Extended Area Phone Service. Koropchak informed Council that 100 additional names are needed in order for the City's petition to be valid. Submittal of a valid petition only creates the potential for bringing a matter to a vote at some time in the future. The cost per residence for Extended Area Service will be available at such time that the vote is taken. It was Shirley Anderson's concern that there may be people who cannot afford metro area service. Dan Hlonigen noted that many people do not need metro area service and the higher bill that these people will pay will be used to subsidize those individuals that use metro service. Ken Maus reiterated the fact that supporting this petition will contribute towards bringing the matter to a vote of the people and that he supports the concept of opening up the question of whether or not to obtain metro area service to the people. Aftcr di==rion, motion was made by Fran Pair, seconded by Warren Smith, to endorse Extended Area Phone Service to the city of Monticello. Voting in favor: Dan Blonigen, Ken Maus, Fran Fair, Warren Smith. Opposed: Shirley Anderson. 17. Review of year-end liquor store financial report. Ken Maus commended the manager of the liquor store for the improved performance of the facility. Maus noted that gross profits had increased; but more importantly, net profits after adjustments for interest earnings had increased at a greater rate than gross profits. It was noted that the 1988 operating profits amounted to $94,000. 18. Consideration of bills for the month of April. Motion was made by Warren Smith, seconded by Fran Pair, to approve payment of bills for the month of April. Other Matters. Councilmember Smith asked for a report on the vaccination clinic that was held recently. Public Works Director Simola reported to Smith that he observed that numerous animals were vaccinated at the clinic that would more than likely not have been vaccinated. He went on to report that the vaccination process went smoothly. Councilmember Smith was concerned that the information given to Council prior to establishing the clinic was not completely objective and that he was not informed that the State Veterinarian Association is not in support of such clinics. 9 Council Minutes - 4/24/89 �J Administrator Wolfsteller reported that numerous cities, including Minneapolis, Elk River, Clearwater, and Big lake have conducted similar clinics in the past and have had similar successes. There being no further business, the meeting was adjourned. Respectfully submitted, Jeff O'Neill Assistant Administrator L, 9 Council Agenda - 5/8/89 Public hearing on the re -assessment of the 81-1 Improvement Project - Edgar Klucas and Dan Prie. (R.W.) A. REFERENCE AND BACKGROUND: As part of the 1981-1 Improvement Project, sewer, water, street improvements, and storm sewer improvements were constructed within the Meadows subdivision, and also included the same utility extensions and rural paving along River Street to service the new NSP Training Center. Mr. Edgar Klucas at that time owned 651.82 feet of frontage along River Street that received sewer and water along with street benefits; but because of his opposition to the project and pending appeal of the assessment roll, the Council decided at that time not to assess Mr. Klucas's share of the cost to his property but wait until the future when his property developed and required services. The intent was that either Mr. Klucas or a future property owner who was desiring to develop the property would then have to pay for all the improvements. With the upcoming extension of Marvin Elwood Road from the Meadows subdivision to connect with River Street being planned, Mr. Klucas's property and the new corner lot being created in the Meadows subdivision would benefit from the street improvement; and it is proposed that these parcels be assessed for the Marvin Elwood Road extension. Since this public hearing on the improvement has already been held, it now seems appropriate to also assess the prior improvements from 1981 to Mr. Klucas and Mr. Dan Prie, who will own that corner lot. Of the original 651 feet, Mr. Klucas sold 160 feet of frontage to Mr. John Sandberg, who then sold this parcel to Mr. Dan Prie, who is including it within the Meadows subdivision plat. The original assessment prepared in 1981 totaled $37,206.32 for the entire 651.82 feet. With 60 feet of this frontage now being dedicated for Marvin Elwood Road extension, I recalculated the assessment based on 1981 cost by eliminating the 60 -foot frontage and respreading the old cost amongst the 591 feet remaining. Using this method, Mr. Klucas would have had an assessment based on 1981 cost of $31,026.31, and the remaining 100 -foot corner lot now owned by Dan Prie would have had a $6,179.92 assessment. Had these original amounts been assessed in 1981, the deferred assessment would have totaled almost $70,000 today because of the 13 percent interest rate that would have accumulated for 7-1/2 years. Although this large assessment may be hard for the City to justify, I certainly believe it is logical to adjust the 1981 cost by an inflation factor to account for the increased cost if the project was done today. I previously consulted with John Badalich at OSM to obtain the construction price index increases since June of 1981, when the project was bid, to March of 1989. The CPI has increased 30.63 percent over the last 7-1/2 years, and this would seem to be the appropriate method of adjusting the original assessment roll to bring it into today's cost. Using this percentage increase, it to recommended that Mr. Klucas's share of the 1981 project would total $40,529.67; and the remaining lot consisting of a 100 -foot parcel would amount to $8,072.83. These are the figures I sent to the property owners for this public hearing. 1 Council Agenda - 5/B/89 Even with this assessment roll being adopted today, it is assumed that Mr. xlucas would still qualify for green acres deferrment; and thus, the City may not receive any payment on Mr. Rlucas's share of the assessment roll. But we would at least have it certified to the County Auditor and recorded as a future lien. The portion of the assessment roll pertaining to the 100 -foot lot within the Meadows subdivision is anticipated to be paid when the parcel develops in the near future. It is also recommended that like similar projects assessed recently the interest rate on the assessment roll be at 8-3/4 percent based on the recent cost of City borrowing. B. ALTERNATIVE ACTIONS: 1. The first alternative would be to adopt the assessment roll as presented. 2. The second alternative could be to adopt an assessment roll but at a different dollar amount if the Council desired. 3. The third alternative would be not to assess the benefiting property at this time with the intent of collecting a future amount when the property is developed. C. STAFF RECOMMENDATION: The staff feels somewhat uncomfortable with a large potential assessment not being officially recorded as a lien. By not adopting an assessment roll, it places a large burden on the City staff or Council members to remember that this property has never been assessed for prior improvements. With the upcoming Marvin Elwood Road extension being proposed for assessment to the benefiting property owners, it certainly makes sense now to also assess the benefiting property for prior improvements that was omitted in 1981. Although there are certainly many methods to determine what an appropriate cost would he in today's dollars, I feel the construction price index increase of 30 percent is a logical method for establishing the cost today and would recommend that the proposed assessment amounts be adopted. D. SUPPORTING DATA: Copy of resolution adopting assessment roll; Worksheet reallocating original assessment amount based on CPI Increase. -2- RESOLUTION 89 - RESOLUTION ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for improvements to West River Street between County Road 75 and I-94 with sanitary sewer, water main, bituminous paving, and other appurtenant work. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MONTICELLO, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included and hereby found to be benefited by the proposed improvements in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or before the first Monday in January, 1991, and shall bear interest at the rate of 8.75 percent annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment for the date of this resolution until December 31, 1990. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of his resolution; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The clerk shall forthwith transmit a certified duplicate of this assessment of the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Council this. 8th day of May, 1989. Ken Made, Mayor 1 Rick Woltsteller City Administrator 0 N I 1981-1 PROJECT ORIGINAL ASSESSMENT - EDGAR RLUCAS Original Frontage 651.82' Less: Marvin Elwood Rd. (60.00)' Assessable Frontage Today 3R-.8 r Sanitary Sewer $10,100.38 — 591.82' _ $11.0666 ft. Sewer Service $ 363.91 Water Main $ 9,441.20 — 591.82' _ $15.9528 ft. Water Service $ 268.32 Street $17,032.51 591.82' - $28.7798 ft. ORIGINAL TOTAL $37,206.32 (491.821) (1001) Rlucas Prie Sanitary Sewer @ $17.0666 ft. $ 8,393.70 $1,706.66 Sewer Service @ $363.91 ca. $ 363.91 -0- Water Main @ $15.9528 ft. $ 7,845.90 $1,595.28 Water Service @ $268.32 $ 268.32 -0- Street @ $28.7798 ft. $14,154.48 $2,877.98 ORIGINAL ASHT WITHOUT 60' $31,026.31 rr, T" M. ROAD FRONTAGE Construction Price Index x 130.638 x 130.63% Increase - 7-1/2 yrs. Proposed Assessment $40,529.67 $8,072.83 J�. 06/ M Council Agenda - 5/8/89 5. Consider a rezoning request to rezone residential unplatted property from R-3 (medium density residential) to PZM (performance zone mixed). Applicant, J 6 K Properties. (J.O.) A. REFERENCE AND BACKGROUND: J 6 K Properties, represented by Jim and Ken Maus, requests that a parcel of land directly east of the Maus Foods store be rezoned from R-3 to PZM zoning. Staff and Planning Commission have reviewed the Comprehensive Plan and reviewed the Zoning Ordinance in terms of the proposed amendment and is recommending that Council approve this request. Council is asked to, as always, review this proposed amendment in accordance with Chapter 22 of the Zoning Ordinance, which requires that the City consider possible adverse impact created by the proposed amendment. City council judgement regarding adverse impact shall be based upon, but not limited to, the following factors: 1. Relationship to municipal Comprehensive Plan. 2. Geographic area involved. 3. Whether such use will tend to or actually depreciate the area in which it is proposed. 4. The character of the surrounding area. 5. The demonstrated need for such use. Following is an outline of the proposal and potential impact on adjoining property, then followed by a review of potential adverse impact. PROPOSAL The proposal to rezone this property from R-3 to PZM provides the land owner with flexibility in developing this area as either residential R-3 usage or commercial/retail usage. There are also a number of other uses allowed in the PZM zone as outlined in the attached pertinent sections of the Zoning Ordinance. The purpose of the "PZ" or performance zoning district is to allow for development flexibility and special design control within sensitive areas of the city due to environmental or physical limitations. The performance zoning district also attempts to create a reasonable balance between the interest of the property owner in freely developing his property; and at the same time, protect the interest of surrounding properties. Please refer to the attached sections of the Zoning Ordinance for more information regarding the purpose of the "PZ" zoning district. Essentially, the reason for the rezoning is to provide J i K Properties the flexibility of developing a retail facility complementary to the present Maus Foods store. Such a development could also be combined with a multi -family development under the PZM zoning. Please note that at this time, the applicants have provided a verbal report on their goals for the development area and have not at this time solidified plans on paper. Ken and Jim Maus will he present at the meeting to discuss this matter further with the council. -3- Council Agenda - 5/8/89 SITE PLAN REVIEW Following is a brief review of the site and surrounding area. The site itself has an awkward shape and consists of area approximately equal to a city block. Access to the property is available only along Cedar Street. Presently on the site are two somewhat dilapidated residences. The land itself is relatively low and will likely require soil correction prior to future development. The property to the south and southeast of the proposed rezone area contains the Lauring Lane Apartments. The apartments are separated from the rezone area by a steep embankment. To the north of the rezone area is the Burlington Northern Railroad, which separates the property from Cedar Crest Apartments. Of course, to the east of the property is Maus Foods, which is separated from the development area by Cedar Street. Homes lying east of Cedar Crest Apartments and directly northeast of the rezone area have been earmarked by the Housing and Redevelopment Authority as a potential area for redevelopment. A future plan for development of the rezone site might also include plans for redevelopment of this somewhat blighted area east of the Cedar Crest Apartments. Such a plan would require development of Palm Street which would include creation of a railroad crossing. ZONING AMFMMENT CONSIDERATIONS 1. Relationshie to municipal Comprehensive Plan. Attached are sections taken From the municipal Corrrprehensive Plan that might impact your decision on this matter. In reviewing this proposed request, I have found no policies that would be violated by this proposal and have found Bow that seem to support this proposal. Please refer to copies of per tinent sections of the Comprehensive Plan for more information. 2. Geographic Area. The proposed area for rezoning is adjacent to a D-4 zone and adjacent to an R-3 zone. In a sense, PZM zoning is a combination of B-4 and R-3 zoning. Therefore, in terms of transition between the two zones, the PZM zoning appears appropriate. In addition, the site being located directly adjacent to a food store is a prime area for retail development. Therefore, use of this property for retail purposes may represent the highest and beat use of the property. The property is also located adjacent to apartment buildings, however, those apartment buildings are buffered by railroad tracks to the north and a steep grade to the east and south. It appears, then, from a geographic standpoint that the proposed rezoning in compatible with the general area. 3. The character of the surrounding area. This particular consideration 1s similar to the item above. The proposed rezoning will not create a land use in, conflict with the adjoining properties. It should also be noted that any development of a retail establishment on this site does require a conditional use permit, which provides the City with tho potential of attaching additional conditions designed to mitigate negative impacts of retail development. -4- Council Agenda - 5/8/89 4. Whether such use will tend to or actually depreciate the area in which it is proposed. Given the presence of physical features that buffer this area from adjoining lands, it appears reasonable to expect that establishment of a retail establishment on this site will have a negligible effect on the property values of adjoining lands. 5. The demonstrated need for such use. A case could be made that development of this particular parcel as a commercial site represents the highest and best use of this land because it is so close to a strong commercial activity center and because the property is so well buffered from other uses. The fact that it appears suitable for retail development does, in a sense, support the idea that there is a need for rezoning demonstrated at this particular site. The proposal also serves to contribute toward consolidation of a retail area, which is a goal of the Comprehensive Plan. B. ALTERNATIVE ACTIONS: 1. Motion to approve the proposed rezoning of subject parcel from R-3 to PZM zoning. Motion to approve based on the finding that the proposal is 1) consistent with the Comprehensive Plan; 2) compatible with the geographic area and character of the adjoining lands; 3) the rezoning will not tend to depreciate the area in which it is proposed; 4) the need for the proposed rezoning has been sufficiently demonstrated. 2. Motion to deny the rezoning amendment. 3. Table the matter pending development of plans. C. STAFF RECOMMENDATION: As stated earlier, Planning Commission recommends approval of the proposed rezoning request. The only hesitation is that a concrete plan has not been proposed prior to this rezoning request. This negative is mitigated, however, by the fact that any retail development in this area will require a conditional use permit which provides the City with the opportunity to attach conditions to the permit designed to protect the values of the adjoining properties. D. SUPPORTING DATA: Copy of the zoning map; Excerpts from the zoning Ordinance regarding PZM zoning; Excerpts from the Comprehensive Plan. -5- CaAPTER 10 t "PZ-REa^IDENTI.IL" & •PZ-MZ%ED" ZONING DISTRICTS SECTION: 10-1: Purpose 10-2: General Description 10-3: PZ -R, Permitted Uses 10-4: PZ -R. Permitted Accessary Uses 10-5: PZ -R, Conditional Uses 10-6: PZ -M. Permitted Uses 10-7: PZ -M, Permitted Accessory Uses 10-8: PZ -M, Conditional Uses 10-9: Procedure 10-10: Compliance 10-1: PURPOSE: The purpose of the "PZ", Performance Zoning Districts are to allow for development flexibility and spacial design control within sensitive areas of the City due to environmental or physical limitations. The Performance Zoning Districts also attempt to create a reasonable balance between the interest of the property owner in freely developing his property, and at the same time protect the interest of surrounding properties in the following ways: (A] Ey sacouraginq.a more creative approach in commercial and,housing developments, that vill result in quality living environments through innovative design and aesthetic controls: (sI By parmittinq a combination of housing types and styles,includinq single family, two family, and multiple Tamily dwellings, with the exception of mobile homes, (C7 By allowing flexibility in design by permittinq cluster developments and a variety of architectural styles and treatments, (Ol By allowing flexibility in setback and height restrictions. (EI By providing an efficient use of land resulting in more cost efficient installation of utilities. streets, and other facilities, (I( By encouraging the preservation of eom n open space, recreational facilities, natural features, such as woodland. wotlsnd, and floodplain, \r/ (e)•'VhaD araaa.are to be preserved by the developer the City may require that auch arses be .leased daring coastraetion oto: assure .that, equipment' rill' 'sot damage 'preservation' -are". 10-6: PERFORMANCE ZONE = TSD (?PZ -M") PERllitto USES: Ooly''the following uses are permitted mea within a.PZ-M District:' " "PZ-,MI70 , ZON=IDISMIC'• (Al Thosa'uaea listed as.permitted uses within the "R-3" Zoning District subject to the standards contained therein. (BI Club or Lodge without the serving of food or beverages. (CI Those uses that exist prior to the adoption of this Chapter. (DI A parsittad use shall be regulatedand controlled by the terms, conditions, and provisions of this Ordinance as they pertain to -an R-3.Distact., 10=4: Vz-M:. ,PgtHI.=. 'AC=SSORY USES: Only t", following user,ari-permitted `accessory, alas vithla•,a'PZ-M'District'. l (A7 Thgaa; uset: liated.;ae. permitted, accessory.uses Zoainq District._ i (e1 A;pa-sLtted:ad cts6ry..uss,shall'be 'regulated I snd Controlled by'tha,.[arms, eoddStiaaa, and, yrovlsioeu'ot Chis Ordlnanca as t)iay,yasenia to an!R-3,1.0"taict., 10-5: PZ-M:CONDiS10NAL USES: Onty the_,toilowing.usss Are Conditional ussee;Ln.,Wk=K Districe. (AI Thoma listed, 6i Conditional usaa ,in ,th'a "R -3" -Zoning District aed`as equioted,therein sicapt• as madiaed Lr. this 'C.iaptar. ` pleb Hospitals, medical offices and ciin Ica, dental offices and clinics, professional offices_ and commercial (leased) otficau (limited -to appraisers, archltacts, attorneys, certified public accountants, clergyman, dentists, engineett, manufacturers representatives. physicians, real estate agents, and other similar esu which have no storage of merchandise, and are service orianted with no retail sale of '7 goods on the promises), and funeral hoses and mrtuaries provided that: !1 cv 1. When abutting -R-1-, -R-2-, -R-3- or PZ -R ' Distict, a buffer area with screening and landscaping in Compliance with Chapter 3, Section 2 (G1 -shall be exacted. (C1 Nursing Homes and similar group housing, but not including hospitals, sanitariums or similar institutions, provided that: 1. Side yards are double the minimum requirements established for this District and are ' screened in compliance with Chapter 3, Section 2 (G1 of this Ordinance. 2. One (1) off-street loading space in compliance with Chapter 3, Secion 6 of this ordinance is installed. • (D) Parking Facilities for adjacent commercial or multiple dwelling establishments provided that: 1. Screening of abutting residential uses and landscaping is provided in compliance with Chapter 3, Section 2 (G1 of this ordinance. i (E1 Retail commercial activities as listed in Chapter 12, Section 2, of this Ordinance, (w,d& ra­a provided that? C4 J 1. Merchandise is sold at retail only. 2. She procedures outlined hereinafter are complied with in full. (F1 Buildings combining residential and non-residential uses allowed in this district provided that: 1. Residential and non-residential uses shall • not be contained on the same floor. 2. She procedures outlined hereinafter are complied with in full. (G1 Senior citizen housing provided that: 1. Not more than ton (10! percent of the occupants may be persons sixty (60) years of age cc under (spouse of a person over sixty (60) years of age or caretakers, etc.). 2. Except for caretaker units, occupancy shall be limited to man and wife, blood relativaa, or a single man or single woman. cv 3. To continue to qualify for the senior citizen housing classification the owner or agent shall annually file with the City Administrator or the Building inspector a certified copy of a monthly resume of occupants of such a multiple dwelling, listing the number of tenants by age and clearly identifying and setting forts tho relationship of occupants sixty (60) years of age or under to qualified tenants, or to the building. 4. One (t) off-street loading space in compliance with Chapter 3, Section 6 of this Ordinance is Installed. 5. Elevator service is provided to each floor level. 6. Usable open space as defined in Chapter 2, u Section 2 of this Ordinance, at a mini=m, is equal to twenty (20) percent of the gross lot area. . 7. The site of the main entrance of the principal use is served or is located within four - hundred (400) feet of regular transit service. 8. The site of the main entrants of the prtrcipal use is within four hundred (400) feet of commercial shopping development or adequate provision for access to such facilities is provided. (S) Private clubs and lodges ssrvii q food and beverages provided that: t. Such use shall be restricted to members and their guests. 2. Adequate dining roam, kitchen, and tar space must be provided according to standards Imposed on similar unrestricted customer operations. The serving of alcoholic beverages to members and their guests shall be allowed, providing that such sarvics is in compliance with applicable .federal, State and Municipal regulations. 3. Offices of such use shall be limited to • _ no more than twenty (20) garment of the gross floor area of the principal structure. r? [II APART.1=;T DMISITY SOWS: When multiple family structures of ten (10) units or more are approved a maximum of ten (10) percent reduction In the lot area per unit a3 regulated in Chapter 3, Section 4 may be allowed. The reduction in lot ares shall be deter=ined based upon the ..following table: Condition To Earn Bonus lot Area Reduction (per unit) 1. Type two (2) construction lob of. 2. Elevator serving each floor. 50 of. 3. Transit service available within three hundred (300) feet of the entrance. 50 of. 4. Two-thirds (2/3) of the required fee free parking underground or within principal structure (not including attached or detached garages). 180 at. S. Indoor recreation and social rooms equal to twenty-five (25) square feet per unit or seven -hundred -fifty (750) square foot total, whichever is greater. 50 sf. 6. Major outdoor recreation facilities such as switming pools, tennis courts or similar facilities requiring a substantial investment equaling at minimum five (3) percent of the construction cost of the principal structure. 10 of. [J) FI1MXNG3 OF FACT: Prior to granting of a conditional use par=it the City Planning Cc=iss£on and City Council shall Oaks the following findings of fact. in the event that the applicant shall submit insufficient materials for the City to make informed findings of fact the City Staff and Planning Comsiasion shall request additional information pursuant to Chapter 22 of this Ordinance. 1. The proposed project is consistent with the spirit and Intent of the Monticello Comprehensive Pian goals and policies and in keeping with the intent of the Monticello Zoning Ordinance. r� 2. The proposed project is consistent with the purpose of the performance Zoning Ordinance as outlined Section 1 at this Chapter. ` 3. The proposed project will not have any adverbs impacts as outlined in Chapter 22 of this Ordinance. 4. The proposed project shall meet minimum screening and landscaping requirements as outlined in Chapter 3, section 2 EG). 5. The proposed project shall provide adequate parking pursuant to Chapter 1, Section 5 of this Ordinance and off—street loading pursuant to Chapter 3, Section 6 of this Ordinance, B. The proposed project shall provide a wider a range of housing types, price ranges, and styles within tie comauatiy. 7. The proposedproject will provide amenities and facilities and open spaces greater than the minimum requirements under alternative zoning. 8. The proposed project shall in no way be detriaantal to the environmant. Scenic aspects and natural features, such as streams, tress, topography. and geological features, shall be protected and prssarved to the.greatest extent possible. 9. The proposed project shall not impose any undue burden upon the public services and facilities, such as fire, polies. schools, strests,water, sanitary sewer, and storm sever. 14. The proposed project is designed in such a mannas to form a desirable and unified environment within its own boundaries, and also which will not be detrimental to future land uses in the surrounding ar4as. Architecture and site treatments shall be compatible with adjacent structures and site plans and shall respect the privacy of neighboring homes and/or businesses. 11. findings at fact submitted by the Planning Commission to the City Council shall address additional requirements necessary to asks the project in compliance with this Chapter in all areas where the Planning Commission foals the proposed project is lacking. C-1.) ! Variance from these guidelines may be permitted when site specific conditions and specific proposal elements show that a strict interpretation _ of the guidelines will either place undue hardship on the developer or will be detrimental to adjacent properties. in no case shall standards be reduced so that the findings of fact outlined above cannot be achieved • AND in no case shall the guidelines prevent the City from requiring greater standards when specific conditions outlined above must be satisfied. 1. Setback Guidelines (a) The following guidelines shall serve as a starting point in the discussion of setbacks of structures from property lines and existing adjacent structures. The following table represents guidelines ° for side yard setbacks for principal structures based on the type of proposed structures as well as the adjacent. use: PROPOSED USE S.F. LESS T1L1N LrSS THAN MORE THAN • S UNITS 9 UNITS 9 UNITS m B.F. 10 FT. iS FT. 20 FT. 25 FT. N LESS THAN S UNITS iS FT. 15 FT. 20 FT. y LESS THAN „ 9 UNITS 20 FT. 20 FT. 20 FT. m MORE THAN 9 UNITS 20 FT. 20 FT. 20 FT. (b) Site specific conditions such as topography, existing and proposed vegetation, and visibility from other Properties may warrant increasing these standards. setbacks *hail not be reduced below those set forth in the applicable zoning district. (c)- The front yard guidelines shall be a■ described in Chapter ], section of this Ordinance. (d) The rear yard setback shall be 20 feet unless natural topography shall dictate a greater setback. The applicant F shall preserve vegetation and eiaiaize r grading to the extent that consideration is given to these features. 20 FT. 20 FT. 2s FT. (Kj STANDARDS: Except as Specifically provided herein, there shall be no fixed standards for conditional uses within the Mixed Parformancs Zoning District. In their review the City shah take into account standards that are contained in other sections of this Ordinance that moat closely resemble those that would apply to a similar use if it ware proposed in a district other than the Performance Zone. EL) PROJECT REVIEW PROCESS: The following are guidelines for reviewing projects within the PZ-RLxed toning District. Procedures for the review of such proposals shall be as outlined in' the PUD section of the Monticello Zoning Ordinance. The City Staff and Planning Commission &.hall reviev the project and give recocmandationa so as to permit the City Council to make informed findings of fact as outlined above. variance from these guidelines may be permitted when site specific conditions and specific proposal elements show that a strict interpretation to the guidelines will either place undue hardship on the developer or will be detrimental to adjacent properties. In no east shall standards be reduced so that the findings of fact outlined above can not bit achieved AND in no case shall the guidelines prevent the City from requiring greater standards when specific conditions culined in above must be satisfied. 1. Setback Guidslinas {a) Setback requirements shall be based upon the zoning requirements of the District for which the project would be zoned if conventional zoning was applied, as described in Chapter 3, Section 3 of this Ordinance. (b) Site specific conditions such as topography, existing and proposed vegetation, and visibility from other Properties may warrnat increasing these standards. Setbacks should not be reduced below those set forth M in the applicable zoning district. (c) The front yard guidelines shall be aI described in Chapter 3, Section 3 of the ardlannce. (d) The rear yard setback shall be as described in Chapter 3, Section 3 of this Ordinanctunless natural topography shall dictate a greater setback, The applicant shall preserve vegetation and sinimizs grading to the extent that consideration is given to thea• features. +' (e) schen projects propose to construct more than one principal structure on the same lot the above guidelines shall apply to the perimeter of the site. Internal setbacks ahati give duos regard to such consideration as fire protection and public safety. traffic .visibility at circulation intersections. Reduction of internal standards shell be perzitted it the applicant can deacnstrate that external setbacks are adequate and that the reduction is used to enhance the layout or shall preserve significant natural features. 2. Density Requirements (a) Density calculations shall be basad on the zoning requirements of the district the project would be zoned for it conventional zoning were applied. (b) In applying these standards credits for innovative construction methods or provision of &manitie■ above normal construction may be permitted. The " following is a list of density credits. J. Underground Parking -600 sq. ft. per space ` provided under the et--ucture. 11 ii. Preservation of uaturai 8a4cures - when the project will Preserve significant natural features the area preserved may be deducted froo the required lot area. This deduction shall not include required setbacks. iii. Additional Landscaping - When the project provides for landscaping above and beyond the normal requirement a density allowance shall be pa=ittad. The extentof the credit shall be determined by evaluating the visibility of the project from &("&cent parcels and similar projects within the City. G iv. traable Recreation Space -When the project provides usable recreational open space above the normal requirament that area may also be deducted from the lot area requirement. V. Innovative Housing - When the project shall propose innovative housing apporrAnities a reduction of the site requirements may be permitted. Such Tanovations must be demonstra- such that this type of housing would not be feasibl without a density credit. Financial feasibility alone shall not be consider* unless the applicant can demonstrate that the housing will benefit low and/or moderate income households. (c) Negative Credits i. Under special conditions the City may consider requiring additional area requirements to ensure the preservation of significant natural site features, when utility demands will place a burden on public facilities, when projected traffic counts are greater than the carrying capacity of the surrounding transportation system. Li. When imposing negative credits the city shall base such determinations on studies prepared by qualified professional City Staff or consultants. When such conditions may warrant the Staff shall direct the applicant to have prepared such studies that will daswnstrate that those issues will in fact not cause a nogative impact to the health, safety, and general welfare of the City. should the planning Commission or the City Council feel that these issues have not been properly addressed they shall withhold any approval until such tis* as the applicant at City Staff has pr*par*d necessary studies. s 1-01 M y iv. traable Recreation Space -When the project provides usable recreational open space above the normal requirament that area may also be deducted from the lot area requirement. V. Innovative Housing - When the project shall propose innovative housing apporrAnities a reduction of the site requirements may be permitted. Such Tanovations must be demonstra- such that this type of housing would not be feasibl without a density credit. Financial feasibility alone shall not be consider* unless the applicant can demonstrate that the housing will benefit low and/or moderate income households. (c) Negative Credits i. Under special conditions the City may consider requiring additional area requirements to ensure the preservation of significant natural site features, when utility demands will place a burden on public facilities, when projected traffic counts are greater than the carrying capacity of the surrounding transportation system. Li. When imposing negative credits the city shall base such determinations on studies prepared by qualified professional City Staff or consultants. When such conditions may warrant the Staff shall direct the applicant to have prepared such studies that will daswnstrate that those issues will in fact not cause a nogative impact to the health, safety, and general welfare of the City. should the planning Commission or the City Council feel that these issues have not been properly addressed they shall withhold any approval until such tis* as the applicant at City Staff has pr*par*d necessary studies. s 1-01 M 3. Surrounding property Owners: Surrounding property owners shall be notified is writing of any proposed developments. Applicants shall be encouraged to meat with property owners prior to public hearings or when ever ouch a meeting will allow better involvement of neighbors in the review process. While complete consent of adjacent property owners shall not be mandatory for approval of projects developed under the PZ -Mixed Zoning.involvement with adjacent owners shall be encouraged through all steps vithim the approval process. 4. Submission Requirements. Amen ants and Special Requiremants: (a) All applicants shall submit final building plans plans to the City prior to the granting of permits. No changes to the plans shall be permitted without consent from .the City Council. All requirements as a condition of approval shall be addressed in the final development agreement and indicated an all appropriate plans. City Staff shall inspect the work during construct' -on to assure that such plans are followed. (b) The C4ty Council may at its discretion place special requiraments that will ensure the complete construction of all requirements. Such conditions may include performance bonds, time limitations for commencement of the work, and limitations on the hours of contraction. (c) When areas are to be preserved by the developer the City may requ'=a that such areas be fenced during construction to assure that equipment will not damage preservation areas. 10-9: PROCE01)RES: Applicants requesting a conditional use permit sh&4 submit plans, specifications, and other materials as outlined in Chapter 20 of this Ordinance. Application procedures shall be defined pursuant to provisions contained in Chapter 20, Section 4. of this Ordinance. A 10-10: COMPLIANCE: No development shall occur, nor shall any building permits be issued for any construction, that is not in accord with the approved final plans. 01., EXCERPT OF COMPREHENSIVE PLAN CCXMERCIAL POLICIES 1. Commercial development in general and successful retailing !unctions should occur both in the central business district and 17,? 987 the shopping center area contiguous to Interstate 94. 2. The Comprehensive Plan, the Zoning Ordinance, and other measures and procedures will be modified in realistic recognition of the / needs of contemporary commercial enterprises and the need to properly control such enterprises at the local community level; a commercial development policy will not be rigid and inflexible, and neither shall it be indiscriminately permissive. 3. Adequate provision should be made for expansion of suitable 04 areas for highway oriented commercial davalaoaent requiring N large acreages for use such as motels, auto and implement dealerships, and lumber and building supply yards. These uses should be encouraged to develop in new locations along Interstate 94 at Highway 25. 4. The location of new shopping areas should be justified by an adequate market study (market radius, customer potential, suitabia Location in the market radius, arc.) and consideration for the neighborhood, land use, and circulation pattern. S. Commercial areas should be as compact as possible. Compact commercial areas are particularly advantageous for retail uses, af{/ as they toneant-ate shopping and parking. A community is L r' benefited by reducing exposure to residential areas and having a better cont_ol over parking and traffic needs. For this reason, 'st:ip" and "Spot' commercial development should not be permitted. 8. Highway oriented uses along Interstate 94 should be concentrated to the greatest extent possible so as not to waste prim* commercial land nor spread the uses so as to not be definable as a 'viable commercial area'. 7. Future commercial areas should be based upon the concept of the Integrated business center developed according to a specific f site plan and justified by an economic analysis of the area to be served. S. All major commercial areas shall be pro -zoned based upon the Comprehensive Plan. NO areas shall be ce-toned to commercial i� — use unless they are Shown to be properly located in accordance with the policies end standards of the Comprehensive Plan. f ; 9. Boundaries of commercial districts shall be well-defined so as to prevent intrusion into residential areas; residential areas r -41.O L s•, must be properly screened from the associated ill effects of adjacent and nearby commercial area. �+A•�o.1r tiff - J -4B- !! ti� �J 4 .. . .. -1 7_ - . - Sao_ . ---�. - - Central Business District policies 1. The Central Business District along County Bighway 75 and Walnut 2. St:eet should be further developed to de-emphasize through -traffic in favor of emphasizing convenience and safety for the Nj► shopping public. Development of aesthetically desirable (r conditions should be accomplished through the addition of new paved surfaces, landscaping, better lighting, benches, - fountains, canopies, and other street furniture to provide a more attractive environment for the pedestrian and shopper. 2. The downtown should be as compact and intensively developed as possible. 3. The retailing component should be tightly nucleated and ON all-weather connection (interior and exterior) between stores should be provided. 4. Consistent designs for street furniture, informational signs, street lighting, and landscaping should be developed to make the a downtown appear more unified. The City will work with private �1 enterprise to encourage consistency in other areas of appearance and design. 5.11. -The major flow of vehicular traffic should be around the area - ;•0 not through it. Pedestrian circulation within the downtown must be emphasized. Pedestrian access from parking areas to the retail canter must + be free from unnecessary conflict with vehicular traffic. 7. Adequate off-street parking should be provided to reach a satisfactory floor area to parking area ratio and said parking should be so located to to provide the greatest convenience to EV retail customers. The convenient location of customer parking should take priority over employee parking. 8. Within the Central Business District emphasis should be given to h�Vy creating additional parking rather than accommodating the Iv traditional through traffic movements. 9. .t Parking needs should be solved on an area -wide basis and not on L j% a site-by-s:ts basis. The City should play a strong role in the determination of the parking solution. 10. The core area should be surrounded by activities that complement �i those in the retail core. itself; such activities include winstitutions, sgrvice industry, automotive services, medium to high density housing, and the like. A rezoning request to rezone t\4 a - ''`.` 4' �+,.,,�f��/i'*++""II„�.c„ "" ••1���+++'. ' ' :,_ /t�! •s,.: residential unplattad property tr",r�`b•! w /I �r'•�ii f ` IrF - .,, R-3 (aedium density residential) err It (' il/ & z ornance zone mixed) . `�: K'PY�tias. J`� 't �tf /� l(�Ilt,. .•r-j"`���G/./��i�f.'��' � •',� `'� �','Ai�'tt �"f� ./ /t�� •,.,,� •;':i•.�/. �� /�/• .J.,�;i // �• ./l�! . � , . ' •aims / ../ /� /` `,,: ��.v' Tt., ,��/yi�!•�,,. •a !„ � '• w ,. �5„W/ t i � • N J` ����v;,�� `� 1• fq \ ` �• t` taJ'l� �,,` �, rd :%c• �/i •f� i�,cyj,J ,� •!r t ��yt/,/,�,/�� 'St - -- _. �f � '. ��' /f_r,�: ./�r . '!`vim � .., , o' • y •I� //'��/t+f •[)/J,� /;�'a �_ ��, I' ~ k awar / =��;? �`"'��•', •t; `�� w, v� ,1, � tet. , r. .r—/) .�' 7'�` � r�'I . i • i'�►�M ted• _ ep \ e A) ,� 7, +� f �� )tea ' 7 wri • , � a- Council Agenda - 5/8/89 6. Consideration of a preliminary plat request for approposed new residential subdivision plat. Applicant, West Prar ie Partners. (J.0.) A. REFERENCE AND BACKGROUND: West Prairie Partners requests that Council consider providing preliminary approval of the preliminary plat of the Prairie West subdivision. Planning Commission recormnends that Council provide preliminary approval of this plat. Following is a narrative review of the site plan which is intended to supplement the drawing prepared for your review. SITE PLAN REVIEW Council is familiar with this particular site, as it was recently reviewed as part of a request for rezoning from R-2 to R-3. As you recall, the zoning in this area retained its R-2 nature; and subsequent to that decision, the developers have developed a site plan that is consistent with the R-2 (medium density residential) use. The nature of this particular development is more R-1 in nature; however, this development character is not inconsistent with the R-2 zoning. The proposed platted area encompasses 2.5 acres and calls for the creation of a cul-de-sac and seven lots. To the north of the development area is Wright County Highway 75; to the south is the Burlington Northern Railroad tracks; to the east is Monticello School District property; to the west is the property owned by Daniel Reed; and further west is Gille and Katzmarek. Each lot created with this subdivision was reviewed in terms of setback and minimum square foot area, and each complies with the Zoning Ordinance. You will notice that Lot 5 has a long and slender access to the cul-de-sac. This particular design, though not ideal, is within the requirements of the ordinance. The long, slender access to the cul-de-sac is 32 feet at its narrowest point, which provides plenty of room for a driveway and snow storage area. ENGINEERING ISSUES Engineering data has not been filed prior to consideration of this preliminary plat. It is the view of staff that in this situation, such information is not deemed necessary prior to preliminary plat approval, as it appears evident that this area can be served by sewer, water, and storm water drainage service. It should be noted, however, that final plat approval will be contingent upon the positive recommendation by the City Engineer. It is staff's understanding that the developers will effploy the City Engineer to prepare plans and specifications. PARK DEDICATION It appears evident that the developer deoiree to make a cash payment in lieu of a dedication of land for park purposes. As you know, the developer is required to pay 10 percent of the raw value of the subdivided area in lieu of dedication of 10 percent of the land area. -6- Planning Commission Agenda - 5/2/89 A cash payment makes more sense in light of the fact that there is limited land area on which to develop a park on this site, and there is semi-public park land available on the school district grounds. Staff, therefore, supports the concept of a cash payment in lieu of land. A cash payment amount has not been established at this time. B. ALTERNATIVE ACTIONS: 1. Motion to recommend approval of the preliminary plat of Prairie West. 2. Motion to recommend denial of the preliminary plat of Prairie West. 3. Motion to table item pending gathering of additional data. C. STAFF RECOMMENDATION: Staff recommends approval of the preliminary plat of Prairie West. The proposed subdivision is a very positive addition to that area and is highly compatible with the golf course and Pinewood Elementary School environment. The presence of this development will serve in the long run to increase the value of the adjoining property and provide continued momentum toward eventual redevelopment of the blighted properties to the west. D. SUPPORTING DATA: Proposed preliminary plat of Prairie Westl Location map provided on proposed plat map. Section of Comprehensive Plan pertaining to subdivision policies. �l -7- ....6f\.....�y COMPREHENSIVE PLAN EXCERPT SLMOTJTSiON POL:C:E$ /JJ '1.s All subdivisions should conform to the Comprehensive Plan (land use, transportation, and co=unity facilities) of the community. 2. All land developments should be controlled in a logical and );f5 practical way through the planning process so as to gradually develop the land utilizing its advantages yet being sensitive to (f 1 existing natural features worth saving for the future. 3. Daphasis shall be given to contiguous development accentuating the homogenous nature of the community Cather than a patchwork PAA o! localized and unrelated projects, and discourage the �fli extension of public utilities to this non-contiguous development, thereby discouraging 'leap frog' development. 4. All subdivisions, no matter how small, should be planned in such a manner as to allow proper subdivision of surrounding land at a �Ot {,;future date; a preliminary plan for the potential subdivision of the surrounding sites should be prepared regardless of ownership to involved to assure that the smaller subdivision will not OLT conflict with future development potential. where a subdivision is surrounded by previously platted land, said subdivision should be'related to the existing conditions. 4. Land platted into larger lots should be so planned and developed as to permit proper re -subdivision in the future even in NI situations where further re -subdivision may not appear likely. 6. The subdivision regulations should contain adequate pcovisions for deviation from the strir_ application of the regulations to N allow reasonable flexibility and imaginative site design within the intent and purpose of zoning and subdivision regulations. 7. All lots should abut on a public street; access via private 0& streets or easements should not be pecmitted except where absolutely essential to the enjoyment of property rights. a Street names should be in.accordance with a uniform street VN naming and numbering system adopted by the City. 4. All lots and Streets should be arranged as as to avoid 1,I� inef!icient land Shapes (such as triangle) and sizes (such an CO t very narrow outlots). 10. All subdivision proposals should be complete; that in, they Ossmould have paved attests, curb and gutter, all utilities, and ti public areas such as parka and playgrounds. 11. Overhead utility lines and poled should not be permitted. All t-r;utilities should be placed underground and should be along rear td"? or side lot lines when feasible. -42 S I H 12. Subdivisions should be physically develored in full, urban density areas should be provided sanitary sewer, paved streets, curb and gutter, public water and other improvements deemed G necessary. 11. In the case of small subdivisions or multiple ownerships, the complete subdividers or developers may not be required to install complete facilities provided it is demonstrated that this is clearly not feasible or practicable. Prior to final approval of all subdivisions, however, it shall be determined what improvements may be added by the community. when substantially developed, full facilities (sanitary sewer, public water, paved streets, etc.) should be added thcough action initiated by the community and assessed against the benefited properties. 14. Fvture subdivisions, whether residential, commercial, or industrial, shall be required to set aside public green space 4;45 (parks, playgrounds, etc.) or cash in lieu of land for public recreation in accordance with a uniform set of standards. Y a —a3- s^� • r � � r I I Council Agenda - 5/8/89 7. Consideration of approving declaration of protective covenants and restrictions of the Evergreens. (J.0.) A. REFERENCE AND BACKGROUND: Attached you will find a copy of the declaration of protective covenants and restrictions of the Evergreens. Council is asked to review these covenants and comment accordingly. Staff is recommending approval of the covenants as described. Following is a brief summary of the list of covenants. Generally speaking, the covenants are not highly restrictive. However, they do provide some protections to property owners in the area. Following is a list of those restrictions that are included in the covenants and not otherwise covered by ordinance. 1. The covenants limit the number of cars on each property to four. 2. All lots abutting the mobile home park shall have attached garages. 3. No earth home shall be permitted. 4. All houses shall have attached or detached garages, shingled and aided the same as the house. 5. Exterior colors of homes shall be limited to pastels and earth tones. 6. Lawn establishment required within one year of occupancy. 7. No motor vehicles shall be kept or stored upon the premise except those that are being driven and currently licensed or registered. Currently in Monticello, veh%%s that are licensed but not driven may be stored on private property. B. ALTERNATIVE ACTIONS: 1. Motion to approve declaration of protective covenants and restrictions of the Evergreens. 2. Motion to modify and approve protective covenants and restrictions of the Evergreens. 3. Motion to deny approval of the protective covenants and restrictions of the Evergreens. C. STAFF RECOMMENDATION: Staff recommends approval of declaration of protective covenants and restrictions of the Evergreens. As noted above, the restrictions do provide additional protection to area residents not already supplied by local ordinances. A number of these covenants are in place as a result of negative experiences witnessed in other city developments. Such restrictions would include the requirement that garages -8- Council Agenda - 5/8/89 be established and the requirement that pastel or earth tones be used as paint for structures in the subdivision. In addition, there is strict language governing lawn establishment, storage of trash, garbage, or other debris. The restrictions, when taken together with City ordinances, may contribute towards the proper and pleasing development of an area primarily designated for first time home buyers on a budget. D. SUPPORTING DATA: Copy of declaration of protective covenants and restrictions of the Evergreens. Declaration of Protective Covenants and Restrictions of "THE EVERGREENS" KNOW ALL MEN BY THESE PRESENTS, that KENT KJELLBERG, a single person, owner of all the following described premises, situated in the County of Wright, State of Minnesota, to -wit: and desiring to establish the nature of the use and enjoyment thereof, does hereby declare said premises subject to the following expressed covenants, stipulations and restrictions as to the use and enjoyment thereof, all of which are to be construed as protective covenants and restrictions running with the title to said premises and with each and every part and parcel thereof, to -wit: 1. LAND USE. All lots hereinbefore described shall be known and classified as single family residential lots, subject to all appropriate city, county and state regulations. 2. GENERAL PROTECTIVE COVENANTS AND RESTRICTIONS COVERING SINGLE FAMILY RESIDENTIAL LOTS. A. Buildings. No structure shall be erected, altered, placed or permitted to remain in any of said lots other than one (1) detached single family dwelling not to exceed two (2) stories in height and a private garage not to exceed two (2) stories in height for not more than four (4) cars. No tent, shack, or other portable or temporary structure shall be placed upon said lots, whether used for residential purposes or in any other manner. No mobile home, except a recreational vehicle mobile home, or trailer house may be stored upon the lot nor used thereon for residential Purposes, either temporary or permanent. All lots abutting the mobile home park shall have attached garages. No "earth home" shall be permitted. All houses other than abutting the mobile home park shall have either attached or detached garages, shingled and sided the same as the house. No garage or other building whatsoever shall be erected on any of said lots until a dwelling house shall have been erected or until a contract with a reliable and responsible contractor shall have Page 2 Declaration of Protective Covenants and Restrictions of "THE EVERGREENS" been entered into for the construction of a dwelling which shall comply with the restrictions as herein contained. Prior to the erection or after the erection of such dwelling house, no garage or other buildings shall be used for residential purposes. No portion of the premises shall be occupied until the exterior of the dwelling is completed and no used lumber shall be used on the exterior. B. Color of Homes. Exterior colors of homes shall be limited to pastels and earth tones, it being the intent that "garish," "bright" or "luminescent" colors not be used. C. Subdivision. None of said lots shall be subdivided into smaller lots nor conveyed or encumbered in less than the full original dimensions of such lot, as shown by the plat of THE EVERGREENS, except for public utilities, provided that this restriction shall not prevent the conveyance or encumbrance of adjoining or contiguous lots or parts of lots in such a manner to create parcels of land in common ownership having the same or a greater street frontage than originally shown. Thereafter, such parts or adjoining or contiguous lots in common ownership shall, for the purpose of these restrictions be considered as one lot. Nothing herein contained shall prevent the dedication or conveyance of portions of lots for public utilities, in which event, the remaining portion of any such lot shall, for the purpose of this provision, be treated as a whole lot. ' D. Use of Premises. No livestock, horses, fowl or poultry or animals of any type shall be kept on any of said lots, except that no more than two 12) dogs and two (2) cats over three (3) months old may be kept upon the premises provided the same are properly kenneled or tied when not attended, and no business of any kind or character whatsoever, for commercial use shall be conducted from or in any residence on said lots. E. Trash, Garbaqe and Other Debris. No trash, garbage or other debris shall be kept on these premises and each lot owner shall promptly carry away or cause to be carried away, all such trash, garbage or debris, so that the premises belonging to each owner shall be kept clear and orderly. No motor vehicles shall be kept or stored upon the premises except those that are being driven and currently licensed or registered. The foregoing restrictions and covenants run with the land and shall be binding on all persons owning any of the lots herein described until twenty (20) years from date, at which time said covenants shall automatically extend for successive periods of ten (10) years each, unless by a vote of a majority of the then owners of the said lots in this subdivision it is agreed to change the said covenants in whole or in part. Deeds of conveyance of said property, or any part thereof, may contain the above restrictive covenants by reference to this document, but whether or not such reference is made in such 7 • Page 3 1 Declaration of Protective Covenants and Restrictions of "THE EVERGREENS" deeds, or any part thereof, each and all of such restrictive covenants shall be valid and binding upon the respective grantees. violation of any one or more of such covenants may be restrained by any court of competent jurisdiction and damages awarded against such violator; provided, however, that a violation of these restrictive covenants or any one of them shall not affect the lien of any mortgage now of record, or which hereafter may be placed of record upon said lots or any part thereof. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any of the other provisions, which shall remain in full force and effect. IN WITNES WHEREOF, I have hereunto set my hand this day of , 1989. KEa�KELL 'R1- Subscribed GSubscribed nd sworn toafore this , day of 19 1989. y�� Q �w�L�%n Gtl�� l �l�u0 - I I.�C2 Notary Public DRAFTED BY: METCALF b LARSON Attorneys at Law 313 W. Broadway P.O. Box 446 Monticello, MN 55362 (612) 295-3232; 421-339: ^...�. A lawn consisting of sodded or seeded grass shall be established on each developed lot within one (1) growing season from date of issuance of occupancy permit. If drought conditions and concurrent City watering bans prohibit lawn development during lst growing season, the lawn shall be established during the subsequent growing season. The lawn area shall be defined as the area that encompasses the front and side yards of each lot. 7 Council Agenda - 5/8/89 8. Consideration of adopting Evergreens Development Agreement. (J.0.) A. REFERENCE AND BACKGROUND: Enclosed is a copy of the Evergreens Development Agreement, which is identical to the copy you received as supporting data to previous consideration of the preliminary plat. The agreement has not been modified since your review of it at that time. Staff recommends adoption of the developer agreement, as it is our view that it sufficiently protects the City's interest with regards to the development of the Evergreens subdivision. It should be noted that Wally Anderson of ARADCO will be purchasing the development area and will be bound to this agreement. Anderson has reviewed the agreement and supports it. Please review supporting data for information regarding Anderson's development background. I have reviewed the new owner's background and found that he has an excellent track record and worked cooperatively with other communities on various development projects. The following staff report provides an article by article recap of significant items covered in the agreement and includes agreements that are peculiar to this development. Article 1: Before work is commenced, all plans and specifications must BF approved by the City. Article 2: No construction shall commence and no building permits shall EFTs—s-Na before plat of record and all financial considerations are in place. Article 3: The City will provide full-time inspection of the nr rovements during the time the work is being performed. it should be noted, however, that staff will be working diligently with the developer to coordinate schedules and make every effort to provide inspection only when necessary so that costs can be kept to a minimum. Article 4: The developer agrees to post financial guarantee in an amount equa to 125 percent of the total estimated construction cost. Article 5: City shall release the guarantee in a sum equal to estimated cost improvement so completed prior to acceptance of the final plat. In no event shall the City release an amount equal to or greater than 25 percent of project cost prior to the expiration of the warranty period unless the project is fully completed and bonded in an amount equal to the full cost of the project. Article 6: Warranties and bonds provided by subcontractors must identify tTe Comas a third party beneficiary. Article 7: Developer shall, prior to commencement of the work, deposit 7 w t t a City separate cash deposits for engineering, City staff r administration, construction inspection, soil borings, City Attorney time, and erosion and siltation control. These funds will be used to pay for City costs associated with actual construction. -10- `14� Council Agenda - 5/8/89 Article 8: Park commitment. Park area shall be dedicated with phase I o t e evelopment; and along with that, City is granted a one -rod wide walking and bicycle easement contiguous and parallel to County Road 117, which will allow movement of pedestrians from phases I through III to the park area. Article 9: The developer shall, at the same time the plat of the event is filed with the Wright County Recorder, file with such office a declaration of protective covenants and restrictions pertaining to Evergreens. Article 10: Governs the duration of the contract. Article 11: Developer shall keep premises free from accumulation of waste materials, rubbish, and other debris resulting from the work and the completion of the work. Article 12: No utilities and street work shall be done until the appropriate approvals are gained from various state and county agencies. Article 13: Indemnifies the City against any loss, including suit and reasonable attorney fees, incurred on account of injury or death of any person that may have been related to the work mentioned in the agreement. It also requires that the developer provide to the City general public liability and property damage insurance protecting the City and developer from all claims for personal injury, etc. Such insurance shall be written with a limit of liability of not less than $600,000. Article 14: The developer's own expense shall install street lighting in accoraance with Northern States Power requirements, City policy, and specifications at City direction. Article 15: The developer shall install traffic and street signs. Article 16: The developer shall place iron monuments in all lot and block corners and at all other angle points and boundary linea. Article 17: The developer's engineer shall furnish an affidavit stating that the site grading was done in accordance with the grading plan. Article 18: Includes language that binds future owners of the property to thio agreement. Article 19: Outlines the process for issuing occupancy permits prior to acceptance of streets. City agrees to issue occupancy permits on acceptance by the City of sanitary sewer and water mein and the required class V gravel and first lift of bituminous being placed on the streets in the development so long as a number of conditions are met. Please see the agreement for those conditions. SM Council Agenda - 5/8/89 Article 20: Requires that the City Engineer will make a final inspection of the work before final acceptance is made by City Council for potential maintenance. The City Engineer shall be satisfied that all work is satisfactorily completed in accordance with the approved plans and specifications and City standards. Article 21: Outlines the payment of area assessment for trunk sewer and water. The area assessment amount equals $2,500 per acre, which shall be paid by the collection over time of $200 per residential lot. This fee shall be collected prior to the issuance of a certificate of occupancy by the City. Since this amount is inadequate to pay the area assessment for trunk sewer and trunk water, the balance shall be collected by the City as a designated trunk user fee surcharge collectible periodically at such rates and terms as the City deems appropriate on a per syqle family residential household basis. The initial charge will be{4 r quarter. Article 22: Developer shall pay to the City all preliminary plat fee costs greater than the original preliminary plat application fee. Article 23: East Park sanitary hookup. Language within this article provides the City with some assurance that the Rjellberg East Mobile Home Park will be connected to City service within a reasonable time period. This article stipulates that no occupancy permits will be allowed for phase II of this development until such time that the Rjellberg East Mubile Hone Park Is cvnnected Lu CILy services. If the pollution problem requires extension of the City utilities to the mobile home park sooner than construction of phase II, easements are provided that will allow the City to install the utilities and charge the cost back to the developer. This language provides the City with some assurance that the long term pollution problem created by the mobile home park will be rectified at sometime in the near future. H. ALTERNATIvP. ACTIONS: 1. Motion to adopt the Evergreens Development Agreement. 2. Motion to deny adoption of the Evergreens Development Agreement. 3. Motion to modify and adopt the Evergreens Development Agreement. C. STAFF RECOMMENDATION: Staff recommends alternative 11. The document before you represents a significant effort by City staff and the developer and stems from numerous negotiation sessions. It is the view of the City Attorney that the agreement provides the City with protection against some of the problems recently experienced with other City developments. D. SUPPORTING DATA: Copy of the Evergreens Development Agreement[ Letter from AAADCO, Inc, q and liat of references. -12- ARADCO, Inc. 13445 Heather SL N.W. Anoke, Minnesota 55303 Phme (612) 4273056 may 3, 1989 TO WHOM IT MAY CONCERN, I am purchasing form Mr, Kent Kjellberg the property between Highway 25 and County Road 1 17. This property has been approved by the City of . - Monticello as a preliminary plat known as 'The Evergreens". The first phase of the final plot is nc*.,y at the Cit:j f;,r their apurzev,!I. At the present time I am working on financing for the project and, D.ar;s are for construction of the Water, sanitary se.%,;z.** xn4 stria"! when permits are granted in 1989. Best regards, - 4) W. C. Anderson, President WCA/ncss/rk ARADCO, Inc. 13445 Heather SL N.W. Anoka, Minnesota 55363 Phone (612) 4273056 April 5, 1989 Developments in progress or previous TARTAN HEIGHTS 1st b 2nd Additions -Oakdale 96 lots 66 sold 30 in a lot pool to be used by 5 builders Tartan Heights 3rd 6 4th Additions -Oakdale 44 lots future Brandon Heights -Oakdale 70 lots --all sold 86% built on Hadley Meadows -Oakdale 120 lots --all sold 85% built on Oakdale Ponds -4 Additions -Oakdale 194 Lots --all sold 1 90 % built on Baes Lake Woods ---Plymouth Edgewood Heights --- Brooklyn Park Colorado Addition- --Brooklyn Park Fremont -Girard---Brooklyn Park Steffensen Additior---Brooklyn Park Huaboldt Addition ---Brooklyn Park Lone Pine Addition ---Brooklyn Park Park Overlook Addition--- Shoreview Rustic Hills ---Eagan There are in addition to the above about 12-15 sub -divisions that Ihhave developed. W. C. Anderson, President (Do EVERGREENS DEVELOPMENT AGREEMENT THIS AGREEMENT, made this day of , 1989, by and between the CITY OF MONTICELLO, MINNESOTA, hereinafter referred to as the "City" and KJELLBERG'S, INC., a Minnesota corporation, its successors and assigns, hereinafter referred to as the "Developer". WHEREAS, the Developer has submitted a written request to the City as outlined in the Preliminary Plat Application entitled "EVERGREENS" for the platting and development, hereinafter referred to as the "Development", of the following described property located in the City of Monticello, County of Wright, State of Minnesota,* to -wit: WHEREAS, the parties additionally desire a permanent resolution to utility issues associated with Kjellberg's Mobile Home Park East. That Kjellberg' Mobile Home Park East shall be the subject of a separate development agreement. 7 WHEREAS, the parties desire that the Development, known as "EVERGREENS", utilize city sewer and water service. WHEREAS, the Developer has requested the extension of sewer service to the Development. WHEREAS, the City desires that sewer facilities be extended from its present termination point at Dundas Road to a position in the County Highway 117 right-of-way at the northeast corner of the Development. WHEREAS, the Developer will act to extend the sewer factility as desired by both parties to said point at the northeast corner of the Development at his expense which construction cost of $50,000.00 will be credited against other fees which are the subject of the Kjellberg's Mobile Home Park East Development Agreement. Whereas, the parties desire that municipal water lines, sanitary sewer lines, concrete curb and gutter, bituminous surfaced streets, and other improvements hereinafter described, be constructed within "EVERGREENS" development phased in five ADDITIONS. WHEREAS, the City Council by resolution adopted has granted final approval to the preliminary subdivision and EVERGREENS FIRST through FIFTH ADDITION on the condition that the Developer enter I Rol into this agreement to provide for the installation of street, water, sewer, and other improvements hereinafter described on the terms and conditions hereinafter set forth. Each ADDITION shall meet the conditions of this agreement independent of the other ADDITIONS. NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO that the Developer will forthwith employ at its expense a contractor or contractors, approved by the City, who will construct municipal water line and sanitary and sewer lines, concrete curb and gutter, and bituminous surfaced streets within the Development. IT IS ALSO AGREED: ARTICLE ONE - PLANS AND SPECIFICATIONS The Developer shall, at its own expense, forthwith, construct the improvements mentioned above. Before the work is commenced, the Developer shall obtain written approval of the City Staff and Engineer of the plans and specifications, including landscape plans, for the work which shall be prepared by the Developer, at its own expense, in accordance With the City's Engineering guidelines as outlined in the Monticello Design Criteria Manual. Soil borings shall be provided as recommended by the City Engineer and the Developer's engineer jointly After completion of the work, the Developer's engineer, under the direction of the City Engineer or his assignee, shall prepare all As -Built drawings of the improvements mentioned above in the original mylars. In case of any dispute as to what is meant by the plans and specifications, the decision of the City Engineer shall control. One set of reproducible plans (mylars) and three (3) sets of the As -Built blue line plans shall be delivered to the City by the Developer's Engineer. The Developer shall notify the City of the names and addresses of all the engineers who assist the Developer in the project. All plans for connection to City water service shall be approved by the City Engineer prior to construction of connecting water lines. ARTICLE Two - BUILDING CONSTRUCTION Developer shall not commence construction of any building on a lot in the Development until all bonds or security agreements required by this Development Contract have been filed and accepted by the City, and until all legal, administrative, and engineering expenses then due WIN have been paid, and also until the final plat of the Development has been filed, along with all restrictive covenances and conveyances, with the Wright County Recorder or Registrar of Titles, as the case may be. A copy of all conveyances and restrictive covenants shall be sent to the City Attorney by the title company, if any, as proof that they were filed or recorded. Developer shall provide a copy of the approved Final Plat and a copy of the updated abstract for the City Attorney to complete a title search. Five copies of the final plat shall be submitted to the City at the time that the plat is signed by the City for filing at Wright County. NO CONSTRUCTION SHALL COMMENCE AND NO BUILDING PERMIT SHALL BE ISSUED BEFORE PLAT OF RECORD AND ALL FINANCIAL CONSIDERATIONS ARE IN PLACE. The final design cross-section of each class of street or roadway is to be in conformance with the requirements for each class or roadway as contained in the Monticello Design Criterial Manual. ARTICLE THREE - INSPECTION The City will provide full-time inspection of the r improvements during the time the work is being performed. The City will charge against the escrow for these and other services at an hourly rate of E 550/hr Total cost of inspection of project improvements is dependent on the time to complete such inspection. It is recommended that detailed work schedules be provided so that the inspection costs can be kept to a minimum. ARTICLE FOUR - CONSTRUCTION GUARANTEES This agreement is conditioned upon and subject to the Developer posting with the City a financial guarantee in an amount equal to one hundred twenty-five percent (125%) of the total estimated construction cost for the improvements and the estimated indirect costs in the form of a cash escrow outlined in Article Six as to each ADDITION. The financial guarantee has been determined for all improvements included in this contract as set forth in Exhibits 1 through 5 for each ADDITION which exhibits are incorporated herein as if set forth in full. The financial guarantee may be in the form of a cash deposit, a bond, or irrevocable letter of credit approved by the City. If cash, deposited in an interest bearing account in favor of Developer and City under Developer's social security number. A financial guarantee shall be written in favor of the City and be used for or to provide for the 0 payment, as payments become due, of all just claims for work, tools, machinery, skill, materials, insurance premiums, equipment and supplies for the completion of the work and for saving the City harmless from all costs that may accrue on account of the doing of the work by the Developer or its agent or to pay the City in the event the City must complete such work, to also insure that the improvements function as intended for their purpose in accordance with the standards established by the City Engineer and for the costs of enforcing the standards established by the City Engineer and for the costs of enforcing the terms of the bond if action is brought thereon, including reasonable attorney's fees. ARTICLE FIVE - RELEASE OF GUARANTEE The City Council shall not accept dedication of required improvements, nor release, nor reduce financial guarantee until the City Engineer has submitted a certificate stating that all required improvements have been satisfactorily completed and until the applicant's engineer or surveyor has certified to the Engineer, through submission of detailed "as -built" plans, survey plat bf the subdivision, indicating location, dimensions, materials, and other information required by the City Council or Engineer, that the layout of the line and grade of all public T improvements is in accordance with construction plans for the subdivision and that the improvements are completed, are ready for acceptance by the City, and are free and clear of any and all liens and encumbrances. Upon such approval and recommendation, the City Council shall thereafter accept the improvements for dedication in accordance with the established procedure. Upon the request of the Developer, the amount of the guarantee shall be reduced in a sum equal to the estimated cost of the improvements so completed prior to acceptance of the final plat. The financial guarantee shall be reduced upon actual acceptance of the portion of the improvements completed upon recommendation by the City Engineer, and then only to the ration that the cost of public improvement dedicated bears to the total cost of the public improvements for the plat. For purposes of showing payment, the Developer's engineer shall submit to the City payment estimates, along with lien waivers, for the work done. All reductions of the financial guarantee must also be authorized by the Developer or its agent and the financing institution, if any. In no event shall the City release an amount equal to or greater than 259 of project costs prior to the expiration of the warranty period unless the project is fully completed and bonded in an amount equal to the full cost of the project. Developer agrees to furnish to the City a list of developer contracts being considered for retention by the Developer for the performance of the work required of the contractor. Any changes to the approved plans and specifications shall be approved by the City Engineer in writing before they are made. The Developer will be responsible for not only plans and specifications preparations, but also for providing construction staking of said improvement. All sanitary sewer and water main testing shall be completed and copies of service ties submitted to the City prior to issuance of any service connection permits. ARTICLE SIX - WARRANTY After acceptance by the City, the Developer warrants and guarantees that the improvements constructed will be free from defects in materials and workmanship that may occur within one (1) year from the date the City accepts them. WARRANTIES AND BONDS PROVIDED BY SUBCONTRACTORS MUST IDENTIFY THE CITY AS A THIRD PARTY BENEFICIARY.' Twenty-five percent (25%) of the total construction cost shall be held by the City until all items to be corrected have been satisfied under warranty or until expiration of the warranty, whichever occurs later. Guarantee Period: If within the time prescribed by law or by the terms of any applicable special guarantees required by the Contract Documents any of the work is found to be defective or not in accordance with the Contract Documents, the Developer shall correct it promptly after receipt of written notice from the city to do so unless the City has previously given the Developer a specific written acceptance of the particular defective or nonconforming condition. The City shall give prompt notice to the Developer after discovery of the condition. ARTICLE SEVEN - DEPOSIT The Developer shall, prior to the commencement of the work, deposit with the City separate cash deposit for the following items: A. Engineering construction review and warranty inspection computed at 1-1/29 of construction cost (fixed fee) B. City Staff Administration 1% of construction cost (fixed fee) H410 C. Construction inspection and plan review !hourly) D. Geotechnics thourly or 1/29 whichever is less) E. City Attorney (hourly) F. $1,000.00 cash for Erosion and Siltation Control ton deposit) If, as the work progresses, the cash escrow becomes depleted, then Developer shall deposit additional funds in the escrow account as directed by the City. The City reserves the right to raise the fees for Items A, C, D, and E if final construction costs are above the original estimate. City shall document costs associated with A, C, D, and E and any surplus shall be refunded to Developer. The separate cash deposits shall be set forth in Exhibits 1 - 5 for each ADDITION which exhibits are incorporated herein as if set forth in full. ARTICLE EIGHT - PARK COMMITMENT Prior to the time of recording the final plat of "EVERGREENS FIRST ADDITION" Developer shall tender a T Warranty Deed free of any liens with easement of ingress and egress lying westerly to County Highway 117 for permanent j park purposes. The park area shall be described in a manner consistent with the Preliminary Plat. This park dedication shall be in lieu of any and all other park ordinance requirements. The City is hereby granted a one rod wide walking and bi cyle easement contiguous and parallel to County Road No. 117 having as its most northerly point the southeasterly termination of the southeast corner of Phase I with County Road No. 117. At such time as Phase 11 and V roads are accepted by the City it shall provide Quit Claim -Deeds extinguishing the easement to that phase. Said easements, if ever improved, shall be at City expense. The easement shall not be considered in calculating any setbacks. ARTICLE NINE - CONVEYANCE AND RESTRICTIVE COVENANTS The Developer shall, at the same time the plat of the Development is filed with the Wright County Recorder, file with such office a Declaration of Protective Covenants and Restrictions pertaining to "EVERGREENS", covenant attached as: Exhibit 6. Said covenants may include additional restrictions inconsistent with those in Exhibit 6 and the applicable ordinances of the City of Monticello. 11 ARTICLE TEN - DURATION OF CONTRACT FM See Exhibits 1 through 5 which are incorporated herein as if set forth in full. ARTICLE ELEVEN - CLEAN-UP The Developer shall keep the premises free from accumulation of waste materials, rubbish, and other debris resulting from the work; and at the completion of the work, it will remove all waste materials, rubbish, and debris from and about the premises as well as all tools, construction equipment, machinery and surplus materials, and will leave the site clean and in a condition as approved by the City Engineer. ARTICLE TWELVE - OTHER GOVERNING BODIES No utilities and street work shall be done until the Minnesota Health Department approves watermain plans and the Minnesota Pollution Control Agency approves the sewer plans. The plans and specifications shall be approved by state and local agencies as required li.e. as Department of Natural Resources, Wright County Highway Department, Minnesota Department of Transportation, Watershed Management Organizations, etc.) The Developer shall pay for all costs of temporary and permanent relocations of public utility facilities while constructing any portion of the improvements. ARTICLE THIRTEEN - CITY DISCLAIMER/LIABILITY INSURANCE The Developer shall indemnify the City against any loss, including suit costs and reasonable attorney's fees, incurred on account of injury or death of persons that may have been related to the work mentioned in the agreement, on account of damage or destruction of property that may have been related to the work mentioned in this agreement. The Developer, at its expense, agrees to repair or replace property damaged, by reason of the work, that belongs to others. The Developer shall provide to the City, at the Developer's expense, general public liability and property damage insurance, protecting the City and the Developer from all claims for personal injury, including Leath, and all claims for destruction of or damage to property, arising out of or in connection with any operations under these contract documents, whether such operations be by the Developer, its contractor, or by any subcontractor, or anyone directly or indirectly employed by the Contractor or by a subcontractor under him. Insurance shall be written with a limit of liability of not less than $600,000 for all damages arising out of bodily injury, including death, at any time resulting 65 therefrom, sustained by any, one person in any one accident; and a limit of liability of not less than $1,000,000.00 for any such damage sustained by two or more persons in any one accident. Insurance shall be written with a limit of liability of not less than $300,000 for all property damage sustained by one person in any one accident; and a limit of liability of not less than $600,000 for any such damage sustained by two or more persons in any one accident. The insurance policies shall accompany the contract for its execution by the Developer and the City of Monticello. The above insurance policies shall be in full force and effect during the life of this contract whether or not the improvements have yet been accepted and any warranty periods. ARTICLE FOURTEEN - STREET LIGHTING The Developer, at his own expense, shall install street lighting in accordance with Northern States Power requirements, City policy, and specifications at the City's direction. ARTICLE FIFTEEN - TRAFFIC AND STREET SIGNS The Developer, at his own expense, shall install traffic and street signs as directed in writing by the City Public works Director. No Occupancy Permits are to be issued until street signs have been installed. within forty-five (45) days of signing the agreement the City shall provide written specifications for said signage. ARTICLE SIXTEEN - MONUMENTATION/WARRANTIES OF TITLE The Developer shall place iron monuments at all lot and block corners and at all other angle points on boundary lines. Iron monuments shall be placed after all streets and lawn grading has been completed in order to preserve the lot markers for future property owners. The Developer shall also provide a minimum of one monument within the Development, set in concrete, for horizontal and vertical control for the City's benchmark system. More monuments may be required by the City Engineer to serve the area. The Developer's land surveyor shall furnish the City an affidavit that all iron monuments were placed as stated above. Developer warrants marketability of title to all real estate interests conveyed or to be conveyed hereunder. A title opinion shall be submitted with final plat of Evergreens First Addition as to the condition of title along with a warranty Deed for park land transfer. ARTICLE SEVENTEEN - CERTIFICATION OF SITE GRADING W1 Prior to the acceptance of the completed subdivision by S the City, the Developer's engineer shall furnish an affidavit stating that the site grading was done in accordance with the grading plan as approved by the City within limits acceptable to the City Engineer. ARTICLE EIGHTEEN - BINDING EFFECT The terms and provisions hereof shall be binding upon, and inure to the benefit of the heirs, representatives, successors, and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the subdivision and shall be deemed covenants running with the land. References made herein to the Developer, if there be more than one, shall mean each and all of them. This Agreement, at the option of the City, MAY be placed on record so as to give notice hereof to subsequent purchasers and encumbrances of all or any part of the subdivision and all recording fees, if any, shall be paid by the Developer. ARTICLE NINETEEN - ISSUANCE OF OCCUPANCY PERMITS PRIOR TO, ACCEPTANCE OF STREET The purpose of this article is to allow issuance of occupancy Permits prior to acceptance of the streets. The City agrees to issue Occupancy Permits upon acceptance by the City of the sanitary sewer and watermain and the required Class 5 gravel and first lift of bituminous being placed on the streets in the Development so long as the following conditions are met: 1. The Developer shall maintain and snow plow the streets until they are accepted by the City and all homeowners shall be'notified of such. Any cost incurred by the City shall be paid out of escrow. The homeowners' shall be given a phone number of Developer or its agent to contact in the event that there is a problem with the street. A phone number of the person who will be maintaining the streets and storm sewer shall be provided to the City. This person shall be on twenty-four (24) hour call. 2. The Developer agrees to place street and traffic sign at each intersection within the Development. The signs are to be furnished by the Developer. If Certificate of Occupancy Permits are needed prior to availability of signs, then the Developer shall provide temporary signs that 2 feet long by 6 inches high, with 3 -inch letters. The base of the signs are to be placed in the ground a minimum of 2 feet. The signs are to be 6 -foot high to the bottom of the sign. 3. In the event that the Developer does not maintain the streets or keep fire hydrants free of snow in a manner satisfactory to the City, the City will do what maintenance it deems necessary and charge labor and equipment back to A the Developer as follows: Snow Plow Operations $80.00 per hour Maintenance Work $35.00 per hour Materials At Cost 4. The Developer agrees to place $50.00 per lot contained in each ADDITION of the Development on deposit with the City to cover any and all costs incurred by the City under Article Nineteen. This includes snow plowing and maintenance cost for any equipment damage sustained by the City in the course of maintaining streets that have not been accepted. If additional funds are needed ,to supplement the amount of deposit, the Developer agrees to place additional funds into this account. This fee shall be applicable until the improvements are accepted by the City. ARTICLE TWENTY - ACCEPTANCE OF PROJECT Upon completion of all the work required, the City Engineer or his delegated representative, a representative of the Contractor, and representative of the Developer's engineer, will make a final inspection of the work. Before the final acceptance is made by the City Council for perpetual maintenance, the City Engineer shall be satisfied that all work is satisfactorily completed in accordance with the approved plans and specifications and City Standards. Final acceptance of said work for perpetual maintenance shall be made by resolution of the City Council upon the recommendation of the City Engineer. ARTICLE TWENTY-ONE - PAYMENT OF AREA ASSESSMENT FOR TRUNK SEWER AND TRUNK WATER The Development shall be subject to the area assessment policy of the City for trunk sewer and trunk water which, according to the present policy and formula for calculating the area assessment, requires the payment of an area assessment amount equal to a $2,500.00 per acre fee times the approximate number of acres benefitted by potential municipal service. The approximately acreage includes residential lots, park lands and streets. Said assessment shall be paid by the collection over time of a $200.00 per residential lot fee. It shall be collected prior to the issuance of a Certificate of Occupancy by the City. The parties hereto acknowledge this $200.00 per lot fee is inadequate to pay the AREA ASSESSMENT FOR TRUNK SEWER AND TRUNK WATER and the balance shall be collected by the City as a designated TRUNK USER FEE SURCHARGE, collectable periodically at such rates and terms as the City deems appropriate on a per single family residential household basis. ARTICLE TWENTY-TWO - PAYMENT OF CITY COST R£ PRELIMINARY 10 N PLAT FEE PAYMENT Developer shall pay to the City E 5.506 (as if 5/1/AV)the preliminary plat application fee which covers City review costs determined to be in excess of fee paid by Developer at time of preliminary plat application. The final plat of each ADDITION is subject to normal final plat fees in existence at time of submission. ARTICLE TWENTY-THREE - EAST PARK SANTIARY HOOKUP It is anticipated that the proposed plat will develop consistently with its Preliminary Phased Plan. The City shall not issue any Certificates of occupancy for residences in Phase 2 until such time as the East Park is hooked up to City sanitary sewer service on a temporary basis. The permanent sewer hookup of East Park shall occur at the time that Phase 5 underground utilities are installed from the permanent lift station site as reflected on the February 6, 1989 Revision of the utilities plan. In the event the temporary and permanent sanitary sewer hookup from the East Park do not occur the City is hereby granted a temporary easement for sanitary sewer installation one rod wide consistent with the proposed road layout as outlined in yellow on the attached Exhibit A. The temporary easement shall terminate as the roads within Phase 2 and 5 are acccpted by the City and it shall provide a Quit Claim Deed extinguishing the easement as to that Phase. The temporary sewer line shall be a private line installed and maintained by the Developer. The City shall have the right to utilize said temporary easement and hookup the East Park, charging Developer therefore, upon the occurence of one of the following events: (A) Failure of Developer, his successors and assigns to hook up the East Park when installing underground utilities for Phase II of "THE EVERGREENS"; or (8) In the event a state or federal regulatory agency imposes pecuniary sanctions or limitations upon the City or Developer; or (C) Thirty days after commencement by a state or federal regulatory agency of administrative or Judicial proceedings against the City -)r Developer to force sewer hookup of the East Park. 11 E40 4 IN WITNESS WHEREOF, the parties hereto have set their hands the day and year abovementioned. CITY OF MONTICELLO KJELLBERGS, INC., a rilrawsot-ar-cgri5bratiot, Kenneth Maus, Mayor Kent Kjellberg� President Rick wolfsteller, City Admin, (CITY) STATE OF MINNESOTA ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 1989 by Kenneth Maus, Mayor and , Rick wolfsteller, City Administrator of the City of Monticello, Minnesota, on behalf of the City. Notary Public (DEVELOPER) STATE OF MINNESOTA ) as. COUNTY OF WRIGHT ) Th foregoing i strument was acknowledged before me this day of 1989 by Kent Kjellberg, President of Kjellberg's, I , a�Minnesota corporation, on behalf of the corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: METCALF & LARSON •.: ns�r cov,r• Attorneys at Law 313 West Broadway Monticello, MN 55362 13 SO18LT A EXHIBIT 1 EVERGREENS FIRST ADDITION ARTICLE FOUR - CONSTRUCTION GUARANTEES The financial guarantee has been determined for all �'•, improvements included in this contract for EVERGREENS FIRST 9 ADDITION as follows: CONSTRUCTION COST GUARANTEE GUARANTEE $ $245,200 X 125% = $306,500 ARTICLE SEVEN - DEPOSIT THE Developer shall, prior to the commencement of the work, deposit with the City separate cash deposit for the following items: A. Engineering construction review and warranty inspection computed at 1-1/2B of construction cost (fixed fee) - $3.678 B. City Staff Administration 1% of construction cost (fixed fee) - $2.452 ` } C. Construction inspection and plan review (hourly) 4.5% of construction cost - $11,000 D. Geotechnics (hourly or 1/2% whichever is less) . $1,226 F. 51,000.00 soil erosion control ARTICLE TEN - DURATION OF CONTRACT The Developer shall cause construction of the municipal water, sanitary and storm sewer and street improvements to commence no later than and the construction of the municipal water, sanitary and storm sewer and street improvements shall be completed on or before Any extension shall be requested by the Developer in writing and approved by the City Council prior to the completion date above. In the event that the Developer or Contractor has not completed the aforementioned work on the completion date as set forth above, or in the event the Developer violates any of the agreements as set forth herein, the Developer shall be considered to be in default. Should the Developer be in default, the Developer authorizes said City, its officers, its employees, or its authorized agents to enter upon the Developer's property and to complete any uncompleted or improper work. The Developer's security shall be used for all costs incurred by the City, including attorney's fees, that are connected with this work. The Developer intent to commence shall notify the the improvement City work Engineer at least of his forty-eight C(9 Council Agenda - 5/8/89 9. Consideration of final plat approval of phase I of the Evergreens subdivision. Applicant, Kent K3ellberg. (J.O.) A. REFERENCE AND BACKGROUND: Kent Kjellberg requests final plat approval of phase I of the Evergreens subdivision subject to successful completion of the environmental assessment worksheet review process. Staff recommends approval of the final plat subject to EAW review, as the final plat will not actually be signed until after the EAW process is complete and because the City Engineer has reviewed the EAW and believes that there will be no problem in gaining approvals from all the agencies that will review the environmental assessment worksheet. John Badalich has indicated that final plat approval subject to EAW review is a standard practice in situations where the environmental assessment is noncontroversial. Tom Hayes recommends final plat approval prior to EAW review so long as the plat is not signed until after successful completion of the EAW review process. Following is a checklist of items that have been completed as required prior to application for final plat approval. 1. The City Attorney has reviewed the title opinion and found that the final plat application must bear the names of the individuals holding the deed. The two true owners of the property include Wayne and Donald Morrey. The final plat at this point does need to be updated to indicate the deed holder. Dennis Taylor noted that inclusion of room for Morrey's signature will be included on the final plat. 2. The final plat clearly indicates easement areas which will be utilized in the event that the City must install sewer and water utilities from the southerly most portion of phase I to the Kjellberg Park East Mobile Home Park. I have been informed by a potential buyer of the property that his purchase agreement with Kjellberg requires that Kjellberg connect the mobile home park to phase I of this development within 30 days of installation of the manhole located at the southerly most point of phase I. if Kjellberg does not make this connection within 30 days, the new owner of the Evergreens will direct such improvements and deduct the cost for such from the purchase price of the development area. Although this is good news to the City, the City is not involved in this tranaaction and must proceed in accordance with the developer agreement. 1 -13- Council Agenda - 5/8/89 4. Project cost estimates have been established, and the escrow agreement amounts have been determined and incorporated into the developer agreement. The escrow is to be used to pay for City costs associated with co,Qoleting the public improvements. Such costs include inspection, engineering, legal costs, etc. 5. The park area will be dedicated as part of the final plat of phase I. This area is clearly delineated in the final plat documentation. 6. Two executed copies of the restrictive covenants have been submitted to the City which are reviewed in another agenda item. In light of recent events in the Meadow Oaks development, it is important that the City make sure that this document is filed with the County Recorder. 7. The developer has submitted two signed copies of the developer agreement. 8. Adjustments to the street names have been completed as requested during preliminary plat review. As a result of the successful completion of the items above, staff to recommending that Council provide final plat approval to phase I of the Evergreens, which will create 48 new lots in the city of Monticello. Pinal plat approval to subject to the EAW process and subject to payment of all unpaid costs associated with plat review, which now amounts to $5,338, which will not be completed until after June 12, 1989. Construction cannot occur until after that date. There are a number of other steps that must be successfully completed prior to installation of utilities. Following is a list of those items that staff will be following up on prior to construction. 1. Five copies of final plat must be signed and recorded, along with signatures on developer agreement. 2. Developer moist receive written approval of all engineering specifications. 3. Soil borings must be completed if required by the City Engineer. 4. All bonds and security agreements must be filed and accepted by the City per the developer agreement. 5. The escrow deposit must be paid. 6. The construction guarantee must be filed with the City being identified as the third party beneficiary. 7. Liability insurance certificate must be provided. It B. The plat of the development must be tiled with the County Recorder. -14- Council Agenda - 5/8/89 9. Restrictive covenants must be filed with County Recorder. 10. Copy of conveyances and restrictive covenants sent to City by title company. Developer must provide a final copy of updated abstract to City Attorney. Five copies of final plat submitted to City at time of signing by the City. 11. Developer shall furnish a list of contractors being utilized. 12. Utility construction can only begin after 48 hours notice. B. ALTERNATIVE ACTIONS: 1. Motion to approval final plat approval of the Evergreens subdivision subject to successful completion of environmental assessment worksheet review process. 2. Motion to deny final plat approval of the Evergreens subdivision. 3. Motion to table matter. C. STAFF RECOMMENDATION: Staff recommends final plat approval of the Evergreens subdivision subject to successful completion of EAW process. The EAW will be published next Thursday and must be available for comment for at least 30 days. Development would be able to occur after this time period. After June 12, 1989, construction could begin. D. SUPPORTING DATA: Copy of final plat of phase I of Evergreens subdivision. -15- Council Agenda - 5/8/89 10. Consideration of rezoning agricultural land to residential and commercial usage - Evergreens development. 0.0.) A. REFERENCE AND BACKGROUf7D: As part of the final approval process of this subdivision, the land subdivided must be rezoned from the agricultural classification to a combination of revised classifications. Planning Commission has reviewed the rezoning issues and has recommended that the entire residential area encompassed by the Evergreens be rezoned from agricultural status to R-1. This particular rezoning issue is noncontroversial, and no further comments will be made. The second rezoning issue is somewhat controversial and includes the rezoning of outlets bordering the residential area to the east and Highway 25 to the west. The Planning Commission recommended that this entire area be rezoned to B-3 (highway business). Unfortunately, the Planning Commission decision to rezone this area to B-3 was made with less than adequate information. Consideration of this particular rezoning issue was conducted on short notice during the meeting at which time the Evergreens subdivision was considered for rezoning from agricultural to R-1 zoning. The developer requested that the Planning Commission also consider rezoning the outlots abutting Highway 25 at that same meeting. Unfortunately, staff had not prepared backup information regarding that particular request. The Planning Commission at that time elected to make a recommendation regarding that rezoning, and that recommendation was to rezone the property along Highway 25 to B-3 (highway business) zoning. Since that time, I have reviewed the Comprehensive Plan and found that there may be reason to send that particular rezoning issue back to the Planning Commission for further review or act to overrule the Planning Commission recommendation and zone this property to a less intense use. Following are sections of the Comprehensive Plan commercial policies that seem to indicate that B-3 zoning of this area is not appropriate. commercial policy 15 on page 48 of the Comprehensive Plan states that commercial areae should be as compact as possible. Conpact commercial areas are particularly advantageous for retail uses, as they concentrate shopping and parking. A community is benefited by reducing exposure to residential areas and having a better control over parking and traffic needs. For this reason, strip and spot commercial development should not be permitted. it could be concluded that this development constitutes strip or spot commercial development, which is adverse to the commercial policies set Eorth. Also attached to a copy of the proposed land use plan, which does not show commercial activity extending to the outlots proposed for rezoning. At the same time, however, the land use plan does not show multi -family development extending into this area. Uses permitted in the B-3 zone. Following to a list of uses that can be in the B-3 zone as outlined in the Zoning Ordinance. These are all uses that can be permitted without a -16- Council Agenda - 5/8/89 conditional use permit. When reviewing this list of potential business activities, keep in mind that an R-1 district will be in place directly across Cedar Street. Barber shops Beauty parlors Essential services Convenience grocery stores Laundromat Commercial offices Government buildings Bakery Bank Bicycle sales and repair Candy shop Drug store Florist shop Grocery store Hardware Meat market Auto accessory store Commercial recreation area Motel Restaurant Private club Print shop Following are uses that could be allowed as conditional uses: Drive-in and convenience Car washes food establishments Gas station Minor auto repair facility New and used automobile, Animal pet clinic Y truck sales Commercial storage Consignment or auction sales Daycare center Go-cart track For those items above that are permitted uses, there is no way to regulate the design of the site plan in such a manner to mitigate any possible negative impacts on the adjoining residential areas. It is recommended that if Council so desires to allow business development to occur in this area, the PZM zoning should be awarded which would allow the City to attach conditions to the operation of business establishments in this area. B. ALTERNATIVE ACTIONS: DECISION A: 1. Motion to rezone area encompassed by phases I-V from agricultural to R-1. 2. Motion to deny rezoning of area encompassed by phases I-V from agricultural to R-1. DECISION B: 1. Motion to rezone Outlote A and B from agricultural usage to B-3 (highway business). 2. Motion to table rezoning of Outlots A and B pending further review by the Planning Commission. 3. Motion to deny rezoning from agricultural to 0-3 zoning and, instead, rezone Outlets A and B to PZM (performance zone mixed). -17- Council Agenda - 5/8/89 4. Motion to rezone Dutlots A and B from agricultural to R-3 (high density residential). C. STAFF RECOMMENDATION: Regarding Decision A, staff recommends alternative #1. Rezoning should occur if Council desires that the project proceed. Regarding Decision B, staff recommends alternative #2 which calls for further review by the Planning Commission. It appears that there are some distinct reasons why this property should not be rezoned to B-3 zoning. At the same time, however, an obvious proper alternative has not emerged; and therefore, it is recommended that the Planning Commission spend some time to study this issue and come up with a zoning plan that is appropriate for Outlots A and B. Tabling this item for further scrutiny should do nothing to delay or inhibit the Evergreens development and would contribute towards decision- making based on complete information. D. SUPPORTING DATA: Copy of pertinent excerpts from the Monticello Comprehensive Plan. c E4 COMMERCIAL POLICIES 1. Commercial development in general and successful retailing functions should occur both in the central business district and the shopping center area contiguous to Interstate 94. 2. The Comprehensive Plan, the Zoning Ordinance, and other measures and procedures will be modified in realistic recognition of the needs of contemporary commercial enterprises and the need to properly control such enterprises at the local community level: commercial development policy will not be rigid and inflexible, and neither shall it be indiscriminately permissive. 3. Adequate provision should be made for expansion of suitable areas for highway oriented commercial develooment requiring large acreages for use such as motels, auto and implement dealerships, and lumber and building supply yards. These uses should be encouraged to develop in new locations along Interstate 94 at Highway 25. 4. The location of new shopping areas should be justified by an adequate market study (market radius, customer potential, suitable location in the market radius, etc.) and consideration for the neighborhood, land use, and circulation pattern. S. Commercial areas should be as compact as possible. Compact commercial areas are particularly advantageous for retail uses, as they concentrate shopping and parking. A community is benefited by reducing exposure to residential areas and having a better control over parking and traffic needs. For this reason, "strip" and 'spot' commercial development should not be permitted. 6. Highway oriented uses along Interstate 94 should be concentrated to the greatest extent possible so as not to waste prime commercial land nor spread the uses so as to not be definable as a 'viable commercial area". 7. Future commercial areas should be based upon the concept of the integrated business center developed according to a specific site pian and justified by an economic analysis of the area to be served. 8. All major commercial areas shall be pre -zoned based upon the Comprehensive Plan. No areas shall be re -zoned to commercial use unless they are shown to be properly located in accordance vita the policies and standards of the Comprehensive Plan. 9. Boundaries of commercial districts shall be well-defined so as to prevent intrusion into residential areas; residential areas must be properly screened from the associated ill effects of adjacent and nearby commercial area. 11q, -48- rX FS '. ` •fix,,{.'. t.,L. 1�1 ,Single Famijy • j-✓ t7 0 Multiple Family l Q Commercial ® ,Ahdustrial ' Public/Quasi—Put Proposed Park- 1� X . !\ .� 33 Afe- .and' Use Ian I Q' : i N : '1' `i C E L L ..0 # • _ �, .� 10. To make major public expenditures according to a capital improvements program and budget which establishes priority schedules for five or six years in advance based on projections of need and estimated revenues. 11. To encourage suitable housing in good living environments for people of all ages, incomes, and racial and ethnic groups throughout Monticello. 12. To allow development of new housing only where it is in harmony with the natural environment and where adequate services and facilities are available. 13. To eliminate all instances of housing blight (dilapidation, poor maintenance, etc.) as rapidly as possible. 14. To concentrate commercial enterprises into relatively compact and well-planned areas by discouraging 'spot' and 'strip' business development. 15. To encourage the development of a strong industrial employment base so that persons can live and work in Monticello. 16. To develop high quality industrial areas which are free from nuisance characteristics such as noise, smoke, odors, vibrations, glare, dust, and other objectionable features. 11. To purchase recreation sites for long-range needs at an early date in order that proper sites can be obtained before urban development or land costs render acquisition hopeless. 18. To develop public utilities and services that are well planned and cost-effective for present and future needs at the lowest possible operating and maintenance coats. 14. To evaluate present and future traffic flow volumes in order to develop various land use strategies to prevent congestion on the public streets. 20. To protect residential areas by channalin9 major traffic volumes onto a relatively few major streate. -39- o� Council Agenda - 5/8/89 11. Consideration of ordering publication of notice of environmental assessment worksheet comment period. (J.0 .) A. REFERENCE AND BACKGROUND: Minnesota state law stipulates that for developments as large as the Evergreens subdivision, an environmental assessment Worksheet must be completed and provided to public agencies and the general public for comment. The oomment period lasts for 30 days from the proposed publication date of May 11, 1989. The final plat may not be signed until such time that the public review period and all other processes associated with the environmental assessment worksheet review are complete. It is recommended that the final plat approval be awarded subject to the completion of this public review process. According to the City Engineer, the environmental assessment worksheet is complete, and there does not appear to be any information that would lead the City to believe that there will be any problems associated with review by the public or by other state and county agencies. It is important, however, to note that the signing of the final plat will not occur until such time that all comments have been duly received by any individual organization interested in this particular project. According to Mr. Badalich, it is a fairly standard practice to approve a final plat subject to successful completion of the FAW process. B. ALTERNATIVE ACTIONS: 1. Motion to order publication of notice of environmental assessment worksheet comment period for the Evergreens development and declare Monticello as the responsible governmental unit. 2. Motion to deny publication of notice of comment period for the environmental assessment worksheet for the Evergreens development. C. STAFF RECOMMENDATION: City Engineer, John Badalich, has reviewed the environmental assessment worksheet and found it to be complete. Staff, therefore, recommends that the notice of the RAW comment period be published and that copies of the EAW should be distributed by the developer to the proper agencies. Publication of thin notice in the May 11 issue of The Monticello Times would allow construction of utilities to begin during the second week of June 1989. D. SUPPORTING DATA: Copy of environmental assessment worksheet and supporting documentation. -19- N orr 2021 Eos[ Hennepin Avenue i MiM."Polls. 84155413 612=1:1.8660 FAXIY.3606 I II �, May 5, 1989 Mr. Jeff O'Neil Assistant Administrator City of Monticello 250 E. Broadway Monticello, MN 55362 Enineer. 5v e•,ors Planners Re: EAW, Evergreen Subdivision I OSM Comm. No. 1748.56 Dear Jeff: I received a copy of the revised EAW for the EvergreenlSubdivision a few days ago and have reviewed this document prepared by Melchert/Block Associates, Inc. I found the document satisfactory and recommend that the thirty (30) day review procedure be implecented. Enclosed for your information and guidance is a coply of the latest EQB Monitor and a list of the EAW Distribution List we received from. the EQB. You will need at least twenty-five (25) copies of the EAW for distribution and public review. Attached also is the Public Notice format for the Everglreen EAW that should be sent to the EQB Monitor and also published in the Monticello ITimes. The thirty (30) day comment period runs from the City Council acceptance of the EAW at their May 8th meeting to the June 8th closing date. The City Council should also declare that the City of Monticello is the Responsible GovornmentallUnit (RGU). If you have any questions, plea:o give me a call. Very truly yours, ORR-SCIIELEN$-MAYERON yl OL P' BEngineer JPB:tja Attachments 3-69 F -PI 10:19 --------------- 1 � it Ew�OPPa+um9'e�f� I I. i I 612I33i DIV - 96 I t y EAH - COMMENTS DUE JUNE 8, 1989 Qroget Titles- Evergreen Subdivision, Monticello, MNi Descriotioq: The proposed project consists of develolping 228 RI, R2 single family homes and 28 mobile homes (256 total) on a 126 acre parcel. The project will be developed in a series of 5 phases and will require the extension of all utilities (sanitary sewer, water, gas, electric) and the construction of a street network through the subdivision and to individual units. Al trunkline sanitary sewer and watennain will be extedned along County Rd. 117 from Dundas Rd. to service the development. A lift station with a temporary foreemaio will be constructed to phase I sanitary sewer to serve the existing East trailer park and future trailer park units, j I� I Copies of the document are available at the following' locations: Monticello Public Library, 4th and Walnut St., Monticello, MN 55362 and City Hall, 254 East Broadway St., Monticello, MN 55362. EEL City of Monticello G� �II T Mr. Jeff Mont�o MN 5352, phone(6121)11 1295-27CiLy Administration, 250 East Broadway, ' u 05 -73 .)1 1`71PL5, rtr t P.a I ': nqv II11/16/87 _1 MINNESOTA ENVIRONMENTAL QUALITY;SOARD 1 ENVIRONMENTAL REVIEW PROGRAM I: EAW DISTRIBUTION LIST NOTE: Approximately 25 copies are needed for distribution. For further information regarding this list, contact EQBI(metro: 612-296-8253; non -metro: 1-800-652-9747). II III ENVIRONMENTAL OUALITY BOARD BOARD OF'WATt IiND SOIL RESOURCES Environmental Review Program JimijBirkholz 300 Centennial Office Building 90 West;Plato Boulevard 658 Cedar Street St.'JPaul, HN 55107 (1 copy) St. Paul, MN 55155 (1 copy) HISTORICAL SOCIETY DEPARTMENT OF PUBLIC SERVICE State Historic Preservation Off. Dennis Devereaux Fort Shelling History Center 900 American Center Building St.I!Paul, MN 55111 (1 copy) 150 East Kellogg Boulevard LEGISLATIVE REFERENCE LIBRARY St. Paul, MN 55101 (1 copy) Zona Dewitt NATURAL RESOURCES 6451'St6te Office Building Don Buckhout St.lPau'l, MN 55155 (2 copies) Office of Planning ENVIRONMENTAL CONSERVATION LIBRARY 500 Lafayette Road, Box 10 300'Nicollet Mall St. Paul, MN 55155 (3 copies) Minneapolis, MN 55401 (2 copies) POLLUTION CONTROL AGENCY U.S. ARMY CORPS OF ENGINEERS Cliff Anderson Ben,Wopat, Chief 520 Lafayette Road Regulatory Functions Branch St. Paul, MN 55155 (3 copies) 1135'U.IS. P.O. 6 Custom House ;^aaapORTATION St.IPaul, MN 55101-1479 (1 copy) Cheryl Heide U.S. ENVIRONMENTAL PROTECTION AGENCY Room 704, Transportation Bldg. William,D. Frand John Ireland Boulevard Chief of Environmental Review Sr. St. Paul, MN 55155 (3 copies) 230 South Dearborn Street HEALTH Chicago; IL 50604 (1 copy) Laura Oatman U.S. FISW AND WILDLIFE SERVICE State Health Building St.'Pau4 Field Office 717 Delaware Street SE 50Park;lSquare Court Minneapolis, MN 55440 (1 copy) 400 Sibley Street IFau]I AGRICULTURE St. MN 55101 (1 COPY) Paul Burns METROPOLITANI,COUNCIL (Metro area only) 90 West Plato Boulevard JohnIRutford, Referral Coord. St. Paul, )1N 55107 (1 copy) 300 Mctio Square Building 7th,andlRobert Streets St.IPau_, MN 55101 (1 copy) ALSO DISTRIBUTE COPIESIIITOc - Proposer of the project Local government unit within which the project will take place - Regional Development Commission, whore applicable, and Regional Development Library for the region of the project site (see'eccompanying lists and map) - Representative of any petitioners pursuant to 6 pCAR13.026 - Any other parson upon written request !I PRESS RELEASE r C()f A(.•ess release must be provided to at least one newapepo= of general circulation in the project area within 5 working daysgof EAW distribution. The release must include the name, location, and a brief doncription of the project the location(a) of which EAWs can be rovlawodi tha"comment period deadline (a&11 EQD if unknown); and to whom to submit comments: 1D Et"QB � , SNI May f, 1989 - 0 IIIIIUI Volume 13 Issue 20 �.. . Monitor Next issue:May 15, 1989 Nezt Deadline: y May 8, 1989 EIS PREP NOTICE Prniecr tette: IGH Resort Communif) RCU: City of Inver Grove Heights The RGU will prepare an EIS examining the following ssua: abandoned we!!s, soils and erosion control, shoreland zoning. DNR protected wedands, groundwater ap- piopriasion, air quality, existing and proposed land cover types, noise, odors, wildlife habitat and threatened species. traffic, economic, employment and sociological impacts. Three alternatives will be analyzed in the EIS: 1) No -build 2) Build according to the developer's proposal and 3) Build according to the City Comprehensive Guide Plan as amended. ens ct txrSn: Mr. William Meeker, Planning Super. visor. City of Inver Grove Heigtts. 8150 Btrbara Avenue. Inver Grove Heights. NC4 53075. Phone (612,45 2111. MN DOT ALTERNATIVE REVIEW E=* Environmental AssessmenuProject path Report ftljjerr ride: TH 2 Bridge Replacement --Red Lake River 2Lr.IiDI m: The proposed project will replace the exist- ing bridge near Crookston. The preferred alternative will place Use new structure on an abgnmeni nand of the current alignment. Other than she no -build aliems6e, all reasonable oltemaiives make it impossible to utili2e the present entrance to Central Park. Puhlic meetina: will be held at Crookston City Hall on Thursday. May 18, 1989. An Open House/Public Meeting formas will be used which allows all interested persons, governmental agencies and public interest groups to attend at their convenience between 4:00 and 7:00 pm to view ex• hibits, discuss Use proposed project with NIN DOT person. nel and provide comments for the hearing record. enntm r.on: R.E. Wolfe. District Enpnecr, KN Department of Transportation, P.O. Bas 490. Bemidji, NL,I 56601,,. e+����� nM ,,nl=riQatnLd5: May 3Ill. 1989. s.• 1�i10 t 25 EAWs —COMMENTS DUE MAY 31ST, 1989 I ii Pro'err erlee Wgt"i Rivtr Road from 1.694 to 73rd Ave (Brooklyn Center) Descrim ono: The proposed project consists of improv. ing West River Road (old TH 252) from 66th Ave North to 73rd Ave Norah.. Allemadve designs being considered in• elude overlay, a combination of pavement overlay and total reconstruction or total reconstruction of the entire roadway. Storm sewer is proposed to be extended to serve West River Road. Trail and sidewalk are proposed along the road. The trail would be a continuation from that of the City of Block. In Park and would extend to o culde-sac re r 1.694. No additional right-of-way. is expected to be required. f'ntricr of the document are available at the following locations: Hennepin Coumy Library, Broukdale Branch, 6125 Shingle Creek Pkwy, Brooklyn Ccntti, MN 55430 and Information Center&, City of Brooklyn Center. City Hall, 6301 Shingle Creels Plivry, Brooklyn Center, NMN 55430. 8Si17: City of Brooklyn Center C lout, rrnn- Mi. Sy Knapp, Director of Public Works. 6301 Shingle Creck Pkwy, Brooklyn Center, NLS 55430 phone (612) 561; 5440. Praia' $Ince Fslrsray Creek ne<crinsiax, The pioposed project is a 432 unit apart. mens complex to be situated on a 39.8 acre site near Shingle Creek in Brooklyn Park. The project proposes w shift the creek to the north Barn( the neap slope, and Iowa the creek bottom to provide greater water depth. Reeeation space will include areas for tennis, swimming and trails. There are 1016 Proposed parking spaces. BL City .,o;ft: Brooklyn park.COTLCr rte+atin• W Oary B erg, Director of Planting, 5800 85th Avetuse N. Brooklyn Park..MN 53443 Phone (AI?)07a.8M0., i Rare dart Blandlo Paper Company R Expansion 2tudp1j a• Rlantlln proposes to modify and expand its paper mdl in dee City of Grand Rapids. The project in- cludes the addition of a complete coated papa line and in. creased wood processing and pulping facilities. The No. 7 expulsion is similar to ft No.6 expansion. which will be completed during 1989: exc6 p that new steam generation facilitics will not headded. Production capaeayfor the new No.7 Paper machine will be 650 tons a day. The Grand Rapids wastewater aeauneru facility will be upgraded to IC t �1 6121331 0660 P.05 —�"r^rove t7� 'e9 tt��5 +7�rt rut�.r>r+ T The person to contact to discuss inrormal disposidon of the cast pursuant to part 1400.5900 or discovery procedures pursuant to parts 1400.6700 and 1400.6800 of the above described rules is William A. Szotkowski, Special Assist= Attorney General. Suite 200.520 Lafayette Road, St. Paul, AIN $5155 telephone (612) 29606%, All panics have the right to be reprc=ted by thrmsel- ves, by legal counsel, or by a person of their choice if not prohibited as the unauthorized practice of law. Mr. Keeler should file a notice of appearance 20 days before the hear- ing. Other persons may petition the administrative law judge for permission to intervene. All p=on who are af. fected by the project will have an opportunity to testify and introduce exhibits, whether panics or not. if non-public data is admitted Into evidence, it may become public unless a pany objccts and asks for relief under MN Statutes 14.60 subdivision 2. EQB Monitor Minnesota Envirnnmental Quality Board 300 Centennial Building 659 Cedar Sucet St. Paul, Minnesota 55155 (61:)296.8253 John He4n4srs (i$f1 2021 E. Hennepin IVIS W 55413 P rte 0A r-1 4 E R. • trilled in by EQal Environmental Assessment Worksheet (EAW) MARK APPROPRIATE BOX: ❑x REGULAR EAW ❑ SCOPING EAW NOTE TO REVIEWERS: For regular £AWs. Written eommtnte should addtess tht accuracy and completeness of the EAW information, potential impacts that may w -arrant investigation and/or the need for an EIS. For %roping EAW,. wrinen c om• mens should address the accuracy and completeness of the infor marion and suggest issues for investigation in the EIS. Such comments must be submitted to thi Respons,ble Government Unit (RGUI during the 30 -day period following notice of the EAW* availability in the EQ8 Monteoc Contact the EQB (metro: 612!246.8253: no-meuo: 1.800.652.4747, as4 for emr• ronmental review program) or the RGU to find out when the 30 -day comment period ends. 1. Project Name Evergreen Subdivision �eyy 2. Proposer Kjellberq's Inc. J. RGU City of Monticello Contactperson Kent Klellberq Coolactiterson Jeff 0'n ' 7 Address P.O. Box 866 .ndTirhrAsst. City Administrator Monticello. MN 55167 Addrets 250 East Broadway Phone 1612) 295-2931 Monticello. MN 55362 Phone ( 612 ) 295-2711 4. proiecr Location: . SW + Section 14 Township 121 Range 2 a. County Namawria r City! Township Name MOn— cam]n b. Attach copies of tach of the following to the EAW: 1. a county map showing the general area of the project. 2. a copytiesi of USGS 71 'e minute, 1:28.708 scale map. 3. a site plan showingrha locadono(significant features such as proposed IIruCIUIM toads, r.trnt of good plain, wetlands, wells. eu. 4, an e.iuing land use map and a toning map of the immediate area, if available. 5. Describe the proposed project completely (anach additional %hens a necessary). Kjellberg's Inc. proposes to develop 228 RI, R2 single family homes and 28 mobile homes (256 total) on a 126 acre parcel. The project will be developed in a series of 5 phases and will require the extension of all utilities (sanitary sewer, water, gas, electric) and the construction of a street network (see attached plan) through the subdivision and to individual units. A trunkline sanitary sewer will be extended along County Rd. 117 from Dundaa Rd. (see attached plan) to service the development. A lift station with a temporary forcemain will be constructed to phase I sanitary sewer to serve the existing East trailer park and future trailer park units. Q 6• Reason for EAW preparation: Ri,ntsirPri by/ Minnoant EO List all mandatorycetegoryrule"I.hichapply' 4410.4300, Subparagraph 18B a 19(A)2 7• Esumaiedconstructioncost $2.000,000.00 8• Total projrct area (acres) 126 acres +r length (miles( N/A 9• Number ofresidantlat units 256 or commercial. Industrial. or institutional square footage 9.5 acres 10. Number of proposed parking spaces N/A 11 • List all known local. stair and federal permits: approvals: funding required: Level of Government Type of Application Status MN Dept. Permit For Not Applied For Bnfocadx of Health Water Extension State: MN Pollution Permit For Not Applied For Control Sewer Extension Minnesota Review Not Applied For Local: Dept. Trans. Wright Cty. Review Not Applied For I� Dept. Trans. 12. • Is the proposed project Inconsistent with the local adopted comprehensive land use plan or any other adopted plans? No Yes If yes. e.plain: 13, Describe current and recent past land use and development on and near the site. 7 Agricultural Land 14, Approtimatdy how many acres of the site are in each of the following categories? (Acreages should add up to total project area before and &her construction.) Before After Belore After Forest / Woodrd Wetland (types 3•81 Cropland Impervious Surface +19 Streets, Houses a Driveway Brush/gussland Other(specifyl `LLandscaped Yards a Parks 15, Describe the soils on the site, giving the SCS soil classification types. if known. - Estherville Loam 0-28 Slopes, 25-69 Slopen - Estherville Sandy Loam 29-69 Slopes, 6%-128 Slopes Moderately Eroded - Wadena Loam 0-28 Slopes 16* Does the sit. contain prat sods, highly erodible soils, steep dopes. sinkholes, shalluw limestone formation,, abandoned ueils. or any geologic harards? 11 yes, shnw on tut map and esplaim LL No L' Yea 17. What is the approtimate depth lin Ivan tri: a. groundwater 20 min_asg. It. bedrock BjAmin.-avg. 1' 18s Dora any part of the project area involve: a, shoreland toning district? No Yrs b. delineated 100 -year flood plain? No Yrs e. state or federally designated river land use district? L No 11Yes II yes. identify tearer body and applicable state class ibca t ion(s). and describe measures to protect rater and related land resources: 19, Describe any physical alteration (e.g.. dikes. cscavatfon. fill. stream di-suonl of env drainage system. lake. stream. and;ot wriland. Describe measures to mins. im. pairmeni of the rater-rrlimed resources. Estimate quantity of material to be dredged and Indicate where spoils will be deposited. N/A 20. ..Will the project require an appropriation of ground or surface water? If yes. esplain (Indicate quantity and source): ❑x No ❑ Yes b.Will the project affect groundwater levels in any wells Ion or off the site)? It yes. ea. plain: 2— No Cl Yes 21e Describe the erosion and sedimentation control measures to be used during and shot construction of the project. Applicable Soil Conservation Service methods. 22. a. Will the project genetsar 1. face and stormwater runoff.' No Yrs 2. unitary waatewetar? No Yrs 3. industrial wase sm.t. No Yes C. cooling water Icontact and noncomactl? It No I Yes If yrs. Identify sources. volumes, quality (if other than normal domestic sewagal. and treatment methods. Give the basis or methodology of estimates. See attached plan. 9 Retention Ponds will be constructed to control storm water runoff. The Unit Hydrography Method was used to calculate storm water runoff and size of Retention Ponds. b. Identity receiving waren, including groundwater. and evaluate the Impacts of the discharges listed above. If discharges to groundwater are anticipated. provide per. colation/per meabllhy and other hydrogcological test data. if avarlable. 23. Will the project generate (either during or aha construction): a. If pollution? No q Yes b. dust?{xi No Yrs C. noise? 1HI No Yrs d, odors? x No Yes lilies. esplain. Including as appropriate: distances to senstilwe land uses: e.pected 1— efs and duration of noise. types and quantities of air pollutants from mocks. mobile sources. and fugitive emissions Idutl: odor sources: and mitigative measures for any Impacts. Give the bads or merhodoingy ul estirtsares. � 3 �l `�. Describe the type and amount of solid and. or hazardous waste including sludges and ashes that will be generated and the method and location of disposal: Domestic wastewater generated by 256 units @ 320 GPD/unit = 81,920 CPD Commercial wastewater generated by 9.5 acres x 1000 Gal/A.= 9,500 GPD 25.91, 420 GPD Will the project affect: a. fish or wildlife habitat. or movement of animals? x No _ Yes b. any native species that are officially listed as .tate endangered. threatened. or of CIf special concern (animals and; or plants)? L.. No yes. explain ftdentrly species and describe impact): 26o Do any historical, archaeological or architectural resources exist on or near the project site? If yes, explain (show resources on a site map and describe impacil: E No ❑ Yes See Attached 27. Will the project cause the impairment or destruction of: a. designated park or recreation areas? x No Yes b. prime or unique farmlands? x No Yes C. ecologically sensitive areas? No l Yes d. scenic views and villas? No l Yea e. other unique resources Ispecilyl? No ❑ Yes If yes. explain: Q 28. For each affected road Indicate the current average daily traffic (ADT). incre ase in ADT contributed by the project and the directional distributions of traffic. County Rd. 117, ADT = 661, increased to 1,941 MN State Highway 25, ADT = 6,608, increased to 7,888 ADT generaged by project n 2,560, assume equal distribution to each road. 7 29. Are adequate utilities and public services now available to service the project? II not. In t addld I i Ill' d r 'll b ' ds ❑ M w a one tea tet an • o services wt a requue No Yes Summary of issues For regular EAWo. Ilse the Issues as identified by _yes* answers above. Discuss alternatives and mitigative measures for these Issues. For scoping EAWs. list known Issues. allernattws. and mitigative measures to be addressed in EIS. CERTIFICATION BY RESPONSIBLE GOVERNMENTAL UNIT 1 hereby certify that the Information contained ...his document Is true and complete to the best of my knowledge and that copin of the completed PAW have been made ...,table to all points on the official ECB distribution Int. 49 grealure . Date 4 Tide 9 BRAINERD mwy. Is ILLE LACS LAKE Gm in z 23 .CLOUD NORTH ELK RIVER MONTICELLOI$� I ------ BUFFALO '2 THE EVERGREENS KJELLBERG*S INC. HWY. 25 SOUTH MONTICELLO, MN CITIES LOCATION MAP L!" RG�EENS 1NE Ev�o s �Nc_ E� z$Soo w G��40. A MPP ,,s ,7 p°° MINNESOTA HISTORICAL SOCIET ' FOUNDED IIV 1849 fore Srrcfbng tirstur} CMWI.5t. owt. Mv55111 • tbib 726.1171 March A, 198$ Ms. Teresa Abbott Rjellberg'a Incorporated P. 0. Box 866 Monticello, Minnesota $5362 Dear No. Abbott: Re: Develop 90 acre parcel of land into Mobile Dome Park and Residential Development, Monticello, Wright County MSS Referral File Number: 88-0897 Thank you for the opportunity to review and comment on the above project. It has been reviewed pursuant to responsibilities given the State Historic Preservation Officer by the National Historic Preservation Act of 1966 and the Procedures of the National Advisory Council of Historic Preservation (36CFRSOO). This review reveals the location of no known sites of historic, architectural, cultural, archaeological, or engineering significance within the area of the proposed project. There are no sites in the project area which are on the National Register or eligible for inclusion on the National Register, and therefore, none which may be affected by your proposal. Again, thank you for your participation in this important effort to preserve Minnesota's heritage. Sincerely, Dennis A. Gimmestad Deputy State Historic Preservation Officer DAG: dmb Q lot a \\\\\\\\\\\\\ NOTCS• t7' S- SE. 0 0.27 t7 sm. St.. • 0.2e M B.W. SM 0 0 -0 A . erul Ulu 101 MB IB •COICTJBW '27av Bnm Ont MOOS 1pTS, Il D FOR COISTBUCOOM. EVERUHEENS A did ARK u MELCHERT / ®LOIN ASSOCIATES NC. LETTER OF TRANSMITTAL 367 E85L Kellogg Elva. • Sl. Paul. MN. 55101 • 612.226-9564 DATE 87 ATTER TION `0AW IE TO psi A SSG�C1.4r /NG WE ARE SENDING ATTACHED ❑ UNDER SEPARATE COVER VIA ❑ blrHfl O SH@ MINING$ ❑ CONTRACTS ❑ LITEAITUIE O fHtlo[l111B OIIWII6S Qrx1R l A�, J ❑ PIANS 0 CHANGE ORDERS O PNINTS O LETTERS COPIES MITE NO DESCRIPTION I i SE ARE R SENT: Ia ow Foul APPROVAL m o APPROVED AN 1or1D p 1 A FOUL UI[ O APPROVED At SUBMITTED 01 F0u1 :[VIEW O APPICI[D AN CHANGED O r01 VOUA COrr[NT. O :EJECTED IS NOTED O r0: 1011 tIGNATUIE O REJECTED AS CHANGED O FOR FOUR O 11TURNED FOR CORRECTIONS O IISUIHIf COPIES FOR APPROVAL O tulrll Corltt FOR OnTRnuTION O 1utW CORN FOR O (3 M 4 Council Agenda - 5/8/89 12. Consideration of adopting Kjellberg Mobile Home Park Fast Development Agreement and consideration of approving expansion of the Kjellberg Fast Mobile Home Park. (J.O.) A. REFERENCE AND BACKGROUND: Staff recommends that Council adopt the Kjellberg's Mobile Home Park East Development Agreement. However, it is also recommended that Council withhold approval to expand the mobile home park itself. Kjellberg Mobile Home Park East Developer Agreement. Kjellbergs Mobile Home Park East Development Agreement outlines agreements pertaining to payment of the area assessment associated with the Kjellberg Park Fast, anti it also outlines steps leading to the ultimate connection of the mobile home park to City services. The agreement outlines a credit of $50,000 toward the area assessment for the mobile home park. In return for this credit, Kjellberg will be installing the connection between the City services and the northeast corner of the Evergreens development. Kjellherg is receiving this credit because the expense to connect existing City services to the northeast corner of the Evergreens development will allow the City to defer the high cost of installing the trunk line to a position where it can be used by the development. This strategy for providing services to the Evergreens and uitlnately the i-ablle hr,, -,,e park greatly reduces the City's financial exposure associated with extending a trunk line which would have otherwise cost the City a minimum of $230,000. The agreement also outlines the method by which the City will collect the remaining area assessment amount of $37,500 from the mobile home park. The payment will occur over 30 years at an interest rate of 6.5 percent and will result in an approximate surcharge of $2 per month per mobile home. Thio surcharge mist be paid whether or not the mobile home park is actually connected to City services. The agreement also outlines a phased sewer connection plan which contains the following requirements. 1. City shall not issue any certificates of occupancy for residences in phase II until such time as the east park is hooked up to City sanitary scorer service. 2. In the event a state or federal regulatory agency imposes sanctions on the City or developer, the City can act to install the utilities and charge the coat to the developer. Mobile Homo Park Expansion Request. In terms of the immediate request to expand the Kjellberg East Mobile Homo Park, staff does not recommend that Council authorize expansion of the mobile how park, as Mr. Rjellberg has failed to gain approvals necessary from state and federal agencies regarding this expansion. As -20- Council Agenda - 5/8/84 you know, the City is concerned about the adequacy of the existing septic system: and it would not be wise to llow expansion of the mobile home park prior to PCA and State Health Department authorization. B. ALTERNATIVE ACTIONS: DECISION A: 1. Motion to adopt Rjellbergs Mobile Home Park East Developer Agreement and deny plans to expand Rjellbergs Mobile Home Park Fast. council to consider allowing expansion when appropriate approvals are in place. 2. Motion to deny adoption of Ajellbergs Mobile Homs Park East Development Agreement and deny authorizing mobile home park expansion. DECISION B: 1. Motion to authorize expansion of Rjellberg East Mobile Home Park. 2. Motion to deny authorization to expand Rjellberg East Mobile Rome Park. C. STAFF RECC#6 --PANG;. DECISION A: Staff recommends alternative il. DECISION B: Staff recommends alternative 02. D. SUPPORTING DATA: Letter from MPCA regarding Evergreens and Ejellberg Park East Development Agreements. •21. KJELLBERG'S MOBILE HOME PARK EAST DEVELOPMENT AGREEMENT THIS AGREEMENT, made this day of 1989, between the CITY OF MONTICELLO, hereinafter referred to as the "CITY" and KJELLBERG'S, INC., a Minnesota Corporation, its successors and assigns, hereinafter referred to as the "DEVELOPER". WHEREAS, the DEVELOPER has submitted a written request to the City as outlined in the Preliminary Plat Application entitled "EVERGREENS", a residential subdivision contiguous on its proposed southerly boundary line with the existing mobile home park development within the CITY commonly known as KJELLBERG'S MOBILE HOME PARK EAST, hereinafter referred to as the "EAST PARK"; WHEREAS, the parties and certain other governmental agencies desire the East Park utilize CITY sewer service; WHEREAS, the DEVELOPER has requested the extension of trunk sewer S2rViCc LO the EVFRGrcai*S; 'j WHEREAS, the CITY desires that trunk sewer facilities be extended from its present termination point at Dundas Road, to a position in the County Highway #117 right of way at the northeast corner of the EVERGREENS; WHEREAS, the DEVELOPER will act as part of the utility improvements to EVERGREENS FIRST ADDITION to extend at its expense the sewer laterals through anticipated public right-of-ways not within EVERGREENS FIRST ADDITION, to a point where it can hook up EAST PARK to CITY sewer. WHEREAS, Minnesota Statute 462.358 authorizes the CITY to require execution by the DEVELOPER a contract secured by financial consideration and guarantees that insures that the improvements described will actually be constructed. NOW, THEREFORE, in consideration of the mutual promises of the parties made herein. IT IS AGREED BY AND BETWEEN THE PARTIES HERETO that the DEVELOPER, pursuant to financial guarantees set forth in that certain contemporaneously executed companion agreement hereinafter known as the "EVERGREEN DEVELOPMENT AGREEMENT" will forthwith employ at its expense a contractor or contractors approved by the CITY and pursuant to plans approved by the City, to install without the 1 borders of proposed EVERGREENS FIRST ADDITION the necessary sanitary sewer laterals, lift stations and monitoring devices necessary to put the EAST PARK on CITY sanitary sewer. IT IS ALSO AGREED: That the agreed $50,000 cost of extension of the municipal trunk sewer line from its present termination at Dundas Road to a position in the County Highway 117 right-of-way at the northeast corner of EVERGREENS FIRST ADDITION shall be credited against the EAST PARK AREA ASSESSMENT FOR TRUNK SEWER AND TRUNK WATER. 2. That the EAST PARK shall be subject to an AREA ASSESSMENT FOR TRUNK SEWER AND TRUNK WATER equivalent 35 acres times $2500 per acre equalling $87,500. The balance of 537,500, after the credit set forth at paragraph one, shall be payable at the rate of approximately $2872. annually, including interest at 6.56. DEVELOPER hereby consents to certification by the CITY as prescribed by law to the Wright County Auditor of an amount not to exceed $37,500, as herein -----late- at an interes, rate not to exct=d 6.51 annually, based ona 30 year amortization, subject to Developers right to prepay before interest accrues as provided by law. That the EAST PARK sewer access charge and water access charge shall be $225 per mobile home pad. This SAC/WAC fee (123 pads x 5225) of 517,675 shall be payable annually over five years plus 6.56 interest. At such time as a trunk sanitary sewer line becomes available easterly of the EAST PARK in County Highway 117 right-of-way DEVELOPER may hook at his expense without further fees or charges. 5. The parties acknowledge that EAST PARK is serviced by a private common water supply. At such time as municipal water may become available or necessary DEVELOPER may hook up to the municipal water system at its expense. Developer may hook up at the then prevailing fee based upon pipe size, not a fee based upon inhabitants or the number of mobile home pads. The parties acknowledge that the current hookup charge would be approximately $1,500.00, it being the intent of the parties that the methodology of calculating the hookup fee not be changed. 2 6. EAST PARK shall be charged a user fee for sanitary sewer service and water service if and when connected at normal residential rates based upon a flow meter installed at Developer's expense. 7. CITY agents are hereby granted the right to come upon the premises for purposes of periodic meter readings. 8. The parties acknowledge and agree that the East Park has been and shall continue to be subject to the licensing and jurisdiction of the Minnesota Department of Public Health. 9. It is anticipated that the EVERGREENS proposed plat will develop consistently with its Preliminary Phased Plan. The City shall not issue any Certificates of Occupancy for residences in PHASE 11 until such time as the EAST PARK is hooked up to City sanitary sewer service on a temporary basis. The permanent sewer hookup of EAST PARK shall occur at the time that PHASE V underground utilities are installed from the permanent lift station site as reflected on the Fc!::* -a:*,* 6, 19F9 Rcl.,-ision cf the utilities plan. In the event the temporary and permanent sanitary sewer hookup from the EAST PARK do not occur the City is hereby granted a temporary easement for sanitary sewer installation one rod wide consistent with the proposed road layout as outlined in yellow on the attached Exhibit A. The temporary easement shall terminate as the roads within PHASE II and V are accepted by the City and it shall provide a Quit Claim Deed extinguishing the easement as to that Phase. The temporary sewer line shall be a private line installed and maintained by the Developer. The City shall have the right to utilize said temporary easement and hookup the EAST PARK, charging Developer therefore, upon the occurrence of one of the following events: (a) Failure of Developer, his successors and assigns to hook up the EAST PARK when installing underground utilities for PHASE II of "THE EVERGREENS"; OR (b) In the event a state of federal regulatory agency imposes Pecuniary sanctions or limitations upon the City or Developer, OR 3 (c) Thirty days after commencement by a state or federal regulatory agency of administrative or judicial proceedings against City or Developer to force sewer hook up of the EAST PARK. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. CITY OF MONTICELLO By its Mayor By Its Administrator KJELLB$/RGS—, ;,IJC. Ke t Kjel'I er_ CITY OF MONTICELLO) STATE OF MINNESOTA) COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 1989, by Ken Maus, Mayor, and Rick Wolfsteller, Administrator, on behalf of the City of Monticello. KJELLBERG, INC.) STATE OF MINNESOTA) COUNTY OF WRIGHT) The foregoing instrument was acknowledged before me this _fA— day of &, , , 1989, by Kent Kjellberg as President of Kjellberg, Inc. on behalf of Kjellberg, Inc. � ii i��-t9�✓JOCCUY,(� `ono �l 4 Minnesota Pollution Control Agency 520 Lafayette Road, Saint Paul, Minnesota 55155 f Telephone (t; t 2) 296-6300 MI?I IAtYJtA Tpaa April 14, 1989 Mr. Jeff O'Neill Assistant Administrator City of Monticello 250 East Broadway Monticello, Minnesota 55362-9245 Dear Mr. O'Neill: Re: Evergreens and Kjellberg Mobile Home Park East Development Agreements we are in receipt of the pertinent sections of the proposed Evergreens Development Agreement and the Kjellberg Mobile Home Park East Development Agreement. Copies of the above documents have been forwarded to Mr. Charles Schneider of the Environmental Health Division of the State Health Department for his review. t we understand that the city will allow expansion of the East Park if Mr. Kjellberg can obtain the proper licensing from the governing state agencies. j It is the Minnesota Pollution Control Agency's (MPCA) position that no expansion of the East Park shall be allowed until such time that the park is connected (temporarily or permanently) to city sever service or an approvable on—site system is provided. The existing system at the East Park is not an approvable system. The State Health Department has indicated that they will not be licensing the East Park expansion unless the MPCA approves the sewage treatment and disposal system. This prohibition against expansion means that no mobile homes will be allowed to be moved into the new lots to the east of the existing park. We also understand that according to the Development Agreements, the city will not issue any Certificates of Occupancy for residences in Phase 2 of the Evergreens until such time that the East Park is hooked up to city sever service on a temporary basis. The MPCA has taken the position that connection of the East Park to the city sever system via n temporary line must take place by the end of 1989. We recognize that delays from Mr. Kjellberg's original time schedule may have occurred, however, we feel there is still ample time for connection in 1989. It was noted in the documents that the city shall have the right to utilize a temporary casement and connect the East Park at the developer's expense should a state or federal regulatory agency impose pecuniary sanctions or commence administrative or judicial proceedings against the developer to force sever hookup to the East Park. This right of the city could be triggered by the Introduction of a Stipulation Agreement by the MPCA or the initiation of �. license revocation proceedings by the State Health Department. Regional Offices: Duluth • Brainerd • Detroa Lakes • Marshall - Rochester I� Equal ppportunay Employer printed on Rxyebd Paper Mr. Jeff O'Neill Page 2 At this time, no definite plans for a Stipulation Agreement with Mr. Kjellberg have been made by the MPCA. This option remains, however, should we feel that Mr. Kjellberg is not making sufficient progress towards a 1989 connection date. The Health Department, to my knowledge, has no plans to initiate license revocation proceedings for the existing East Park at this time. Mr. Schneider, however, will be discussing legal aspects of this possibility with Department attorneys. In summary, it is the MPCA's position that no expansion of the Eact Park take place until city sever service is provided. The Health Department will not license any park expansion without MPCA approval of the sewage treatment method. In addition, the MPCA is still requiring connection to city service by the end of 1989. A letter outlining these positions will be sent to Mr. Kjellberg in the near future. We appreciate your efforts in the resolution of this matter. We look forward to continued cooperation in the future and to providing any assistance that may be helpful. If you have any questions concerning this matter, please contact me at 296-8828. Sincerely, ,� •moi Richard Clark Regulatory Compliance Section Division of Vater puality RC:jrk Q 0 Council Agenda - 5/8/89 13. Review and discuss plan of action designed to address concerns of Meadow Oak residents. (J.O.) A. REFERENCE AND BACKGROUND: On May 3, 1989, City staff, along with Ken Maus, met with Dickman Knutson and his son to discuss problems highlighted by Meadow Oak residents. A general plan of action was developed at that meeting, which is outlined in the attached meeting summary notes. Included in the summary is a plan of action which calls for the rewriting and recording of the restrictive covenants that apply to that area. It is also proposed that the City look at amending its ordinances to address public nuisance related problems that pertain to the Meadow Oaks area and the city as well. At this time, City staff and Dickman Knutson plan on meeting with Meadow Oak residents to begin the process of rewriting the restrictive covenants for the purpose of adding clarity to the document. It was felt that the Meadow Oak residents should be involved in rewriting the covenants, as they will be asked to join in the effort to assign the restrictive covenants to all properties in the development area. Council is asked to discuss the matter and provide City staff with further direction on this matter. B. ALTERNATIVE ACTIONS: 1. Authorize staff to follow the plan of action as outlined in the meeting summary notes. 2. Modify plan and direct staff accordingly. D. SUPPORTING DATA: May 3 meeting summaryr Copy of letter submitted by Rhonda Thtelen to City staff which outlines various public nuisance and restrictive covenant related problems. Q -22- 250 East Broadway Monticello. MN 55362.9245 Phone: (612) 295-2711 Metro: (612) 333-5739 MEMO A: nneth \taw C.„C.w.., TO: Dickman Knutson, Craig Knutson, City Staff, Wn [3L,nig:n City Council, Residents of Meadow Oaks Subdivision Fran Fair U$rrrn Smith Ax'J"e Smith FROM: Jeff O'Neill, Assistant Administrator ” Ric Rirl.11idjse.•iler DATE: May 4 1989 y � c.,mdI'0` "\")e RE: Summary of meeting held May 3, 1989 JO'N)ea P.M. W.L. Jah„Sim,b On May 3, 1989, Rick Wolfsteller, Tom Hayes, John Simola, Gary n..,u^,oi—A Anderson, Jeff O'Neill, Ken Maus, Dickman Knutson, and Craig Carr rin.7r,,,.” Knutson met to discuss problems brought to the forefront by �•^'^��*••sem^ local residents in the Meadow Oaks area. Following are off. Kr,lwha4 clarifications of problems existing in the area and potential methods by which specific problems might be resolved. Problem — Unrecorded Covenants Many of the problems noted by the residents of the Meadow Oaks area would not have occurred if the original covenants had been properly recorded. In addition, it appears that additional language needs to be incorporated into the latest unsigned version of the covenants which would make the covenants consistent with Council requirements. After discussing the major issues that the restrictive covenants was intended to address, it was concluded that the covenants should be rewritten to include those restrictions that were part of the draft documents it should include additional restrictions added by Councils it should apply to the Meadow Oak Estates area; and finally, the rewritten version of the covenants should take into account additional concerns that might be expressed by residents in the area. Mr. Knutson agreed to filing the covenants to apply to his remaining 35 or so lots. In addition, he agreed to work with the Meadow Oaks and City of Monticello in rewriting the covenants as requested. >3 4 Memo May 4, 1989 Page 2 Specific Problem Identification Below are the different problem areas that the covenants or potential new ordinances would address. 1. Outside storage of boats and/or recreation vehicles. This particular issue will be addressed in the rewrite of the covenants. At some point in the near future, Council will be asked to address the possibility of creating an ordinance amendment that would regulate storage of boats or large recreation vehicles inside the front yard setback. Such an ordinance requirement would be necessary in order to regulate those properties not regulated by restrictive covenants. 2. Storage shed design. This item will be included in a rewrite of the restrictive covenants. The covenants shall be written to encourage design of sheds to match the primary structure on the property. At present, the City does not regulate the design of storage buildings. This may be an issue that Council would like to address at some time in the future. It was not the view of the small group meeting on this matter to make storage shed design regulations a high priority for Council review. 3. Storage shed setback. This issue will be included in the rewrite of the covenants. City ordinance now addresses setbacks of storage sheds in residential districts and requires that storage sheds be set back at least five feet from lot lines. This ordinance is enforced on a complaint basis. it was the general consensus that the present ordinance is sufficient to address this particular problem for those areas not regulated by restrictive covenants. 4. Sodding and seeding requirements for new development. This issue will be addressed in the rewrite of the restrictive covenants. It was the general consensus of the group that unsodded and unseeded properties now existing will be properly sodded and seeded in the near future. For the most part, this problem for those late that might not be covered by the covenants will take care of itself, as many of the unneeded/unoodded lots are at this moment receiving seed or sod. At the same time, it was the view of the group that Council should consider adopting an ordinance amendment that would require development of ground cover on bare lots which would be necessary in order to control dust and erosion. Tom Hayes indicated that he will incorporate a sodding and seeding requirement into the appropriate sections of the City ordinance. Mr. Knutson indicated that he is not responsible for sodding and seeding properties that are now developed and without green lawns. It was his view that the covenants should not be retroactive, as the individual arrangements for home building and lawn development were negotiated without the understanding that the developer would be installing lawns. Memo May 4, 1989 Page 3 5. Tree planting. This item will be addressed in the rewrite of the restrictive covenants. Currently, the City ordinance requires that one tree be planted per each lot that does not already contain a tree. Weed abatement program. It was the consensus of the group that the weed ordinance needs to be amended to allow for expedient process of cutting or removing noxious weeds. It was suggested that a new weed ordinance should include a process that would 1) require that the City notify a property owner only once during a growing season and that no further notifications would be necessary prior to City action to cut noxious weeds; 2) subsequent to proper notification, City staff or designee would act to cut noxious weeds; 3) the cost to cut noxious weeds would be billed to the property owner; and if the bill is not paid, the cost would be collected as an assessment against the property. Tom Hayes indicated that he will draft an amendment to the ordinance that will accomplish the streamlining of the weed abatement process. This document will be provided to Council at a subsequent meeting. 7. Sand Rile abatement. In response to the complaints regarding the sand piles present in the development area, the developer indicated that he will encourage contractors to level sand piles now present in the development area. 8. Other matters. Mr. Knutson indicated that he has buried trees in the development area. He further indicated that all trees have been buried in easement areas or areas not otherwise buildable. Staff indicated that the City should be kept informed as to where tree burial is occurring. Schedule for Resolving Problems 1. May 8, 1989. Meeting summary presented to Council. Council reviews plan of attack and makes comments. Council may elect to provide direction to City Attorney regarding potential ordinance amendments discussed above. 2. Mr. Knutson and City staff meet with Meadow Oaks area residents to discuss and formulate a revised restrictive covenants for the area. 3. Representative of Meadow Oaks to work with Knutson and staff on revised covenants. 4. Draft of revised restrictive covenants submitted to City staff, City Attorney, and residents of Meadow Oaks. Parties involved review documentation and meet to discuss potential amendments to draft document. �I 5. original group that drafted revised covenants discusses comments and v� incorporates such into final version of the rewritten covenants. Memo May 4, 1989 < Page 4 6. City Council considers approval of final draft of restrictive covenants. Representative of the Meadow oak development submits revised covenants to homeowners. Homeowners asked to join an association and/or give individual approval to assigning restrictive covenants against their property. 8. Action is taken to record restrictive covenants against remaining vacant properties and against those properties where individual homeowners support the restrictive covenants. While the process above is taking place, City staff and Council will be working towards development of ordinance amendments that will address city-wide problems relating to boat and RV storage in front yards, sodding and seeding requirements, and an irrproved weed abatement program. Please call me if you see any problems with this meeting summary. I want to make sure that everyone at the meeting is clear on expectations for present and future action on this important matter. If you should have any questions, please let me know. Council Agenda - 5/8/89 14. Consideration of approval of contract with Polka Dot Recycling for curb -side recycling in the city of Monticello. (J.S.) A. REFERENCE. AND BACKGROUND: At the April 10 meeting, the City Council authorized staff to negotiate a contract with Polka Dot Recycling. The contract was drafted taking into consideration the City's recycling plan, our request for proposals, Polka Dot's proposal for curb -side recycling service, and the possibility of packaging changes, market decline for some products, and new market development for others. The only real changes in the contract from the RFP and Polka Dot's proposal are the addition by the City of a third scanner needed as a backup and the reduction of office paper pickup to monthly, with the fee cut in half to $5.00 per site per month. The contract has been approved by the City Attorney, City Administrator, the Monticello recycling committee members, and Polka Dot Recycling. A copy of the contract signed by Polka Dot is enclosed for your review. Upon approval of the contract by the City Council and signature by the Mayor, Polka Dot will forward their certificates of insurance and performance bond. Many of you have probably read in newsprint or heard on the local television news the possibility of Super Cycle going bankrupt in the city of Minneapolis. I have discussed current markets with Dave Foster of Polka Dot Recycling, and he has assured me that although the newspaper market is soft in the Twin City area, Polka Dot's markets are steady, as they haul various materials to several states. They, at times, may have to store some quantities of materials before moving them, but no significant problems are expected in the immediate future, and Dave is looking forward to working with the City of Monticello. B. ALTERNATIVE ACTIONS: 1. The first alternative is to approve the enclosed contract with Polka Dot Recycling for an initial period of 36 months. 2. The second alternative would be to make changes in the contract. 3. The third alternative would be to not enter into a contract with Polka Dot Recycling. This does not appear to be appropriate, as we are still mandated by Wright County to begin some type of recycling program by July 1: and it would be difficult to turn directions and get something else going by that date. C. STAFF RECOMMENDATION: It is the recommendation of the Public Works Director, City Administrator, and the recycling committee that the Council approve the contract as drafted with Polka Dot Recycling as outlined in alternative 11. D. SUPPORTING DATA: Vi Copy of contract with Polka Dot Recycling. -23- AGREEMEITT FOR NRB -SIDE RECYCLING SERVICES FOR THE CITY OF MONTICELLO THIS AGREEMENT is made on this 8th day of May, 1989, between the CITY OF MONTICELLO, hereinafter referred to as CITY, whose address is 250 East Broadway, Monticello, Minnesota 55362-9245, and POLKA DOT RECYCLING, whose address is 705 Second Avenue Northeast, Buffalo, MN 55313. CITY and POLKA DOT agree: I. GENERAL 1.1 This agreement shall be governed by and interpreted in accordance with the laws of the State of Minnesota. 1.2 This agreement shall be binding upon the successors and assigns of each of the parties, but neither party will assign this agreement without the prior written consent of the other party. Consent shall not be unreasonably withheld. 1.3 All notices shall be in writing and transmitted by certified mail to the respective addresses as noted above. 1.4. This agreement, including appendices, is the entire agreement between the parties. This agreement may be modified only by written agreements signed by both parties. Wherever used, the terms "POLKA DOT" and "CTTY" shall inrinde the rospective nffirors, agents, directors, elected or appointed officials, and employees. 1.5 If any term, provision, covenant, or condition of this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. 1.6 It is understood that the relationship of POLKA DOT to CITY is that of independent contractor. II. SCOPE OF SERVICES POLKA DOT SIIALL: 1. Provide curb -aide pickup and marketing of three recyclable materials consisting of a) newrpaperf b) aluminum and bi-metal beverage and tin food cans; and c) glans on every other Thursday in the city of Monticello beginning July 6, 1989. The hours of pickup shall he no earlier than 8:00 a.m. and no later than 5:00 p.m. 4 Curb -side Recycling Agreement Page 2 Should Thursday be a holiday or should inclement weather exist prohibiting pickup, Friday shall become recycling day for that pickup only. Contract services shall include, but not be limited to, the provision for all wages, benefits, salaries, fuel, consumables, materials, and supplies. Provide a sufficient number of qualified personnel, vehicles, and storage facilities as necessary to accomplish curb -side recycling and marketing in an acceptable manner. The contractor will utilize hand scanners to read bar codes located on each of the recycling containers. The City will furnish three hand scanners (and provide normal maintenance of same) to the contractor and will provide residents with three plastic recycling containers per individual pickup, three 90 -gallon roll -around containers for apartment buildings above a 4-plex but less than a 24 -unit, and six roll -around 90 -gallon containers for apartment buildings over 24 units. Should any of the hand scanners or containers be damaged when in the use of the contractor and not considered normal wear and tear, the contractor shall be liable for the repair and/or replacement of the scanners or recycling containers. it a cuntrdcLUE ivyuices additional scanners, he may purchase them through the City of Monticello at cost. Should the hand scanning system fail temporarily, the contractor shall provide documentation of those individuals recycling and c5' g the products they recycle until the necessary repairs can be made. The contractor will not be asked to do more than three consecutive city wide pickups using the hand written docum^ntation method without additional compensation. The contractor shall return the scanners to City (fall within 96 hours after each complete pickup cycle for unloading. In addition to providing information regarding recycling pickups as listed above, the contractor shall provide accurate and verifiable records of tons of individual materials picked up along with marketing reports on a monthly basis to be submitted with request for payment. If a market for a particular material is unavailable and a market develops for an alternate material, the City shall have the option of switching materials. All of the contractor's equipment, including vehicles, shall oe clearly marked with the contractor's name and phone number. The contractor shall maintain the cleanliness and appearance of his equipment to "the standards of City equipment and the City's contract refuse hauler." 6. The contractor shall provide certificates of insurance for worker's compensation, general liability, and auto in the following amounts: 4 Curb -side Recycling Agreement Page 3 General Liability - aggregate $1,000,000 - personal injury $1,000,000 - each occurrence $1,000,000 Auto Liability - $1,000,000 Workmen's Compensation - $ 100,000 The contractor shall hold the City harmless for responsibility for any recycled materials once they come into the possession of the contractor. 7. The contract shall provide for a monthly rate per unit for individual pickups and a separate monthly rate for multiple units above a 4-plex. The contract shall provide payment for all households within the city of Monticello whether they are recycling or not. The base rate will be determined by 1,332 individual pickups and 505 multiple unit pickups. Once the actual numbers of individual and multiples is known by setting up an account list, the base units shall be adjusted. The prices for the life of the contract shall be $0.65/month/unit for individual pickups and $0.58/month/unit for multiple pickups. The pickup of recyclable materials at five (5) City buildings every two weeks shall be incidental and included in the base bid. The contractor shall keep all monies from the sale of recyclable materials picked up at curb aide. The City will track all new construction through a building permit process; and as occupancy is granted, the City will tally the new units and make additions to the contract sum on a quarterly basis. The contractor shall request payment on a monthly basis, and his requests for payment shall include all the necessary documentation requested. Payment will be made no sooner than 15 days and no later than 30 days after acceptance of the request for payment by the City of Monticello. B. Appendix A is a detailed set of specifications regarding the preparation and condition of the recycled materials to be picked up at curb -aide. Materials not properly prepared or not listed will not be picked up. in such cases, the contractor shall leave a note or sticker for the property owner giving the reason for rejection. 9. The contractor shall pick up office paper once a mnnth at three City buildings at a cost of $5 per site per month. 10. The contractor, at the time for the execution of the contract, shall furnish and at all times maintain a satisfactory and sufficient bond in full amount of the annual contract as required by law with a corporate mirety satisfactory to the Owner. The Form Of Bond is that required by Statute. Personal sureties will not be approved. A new yearly contract bond shall he posted no later than 120 days prior to expiration of the current contract bond. Tj Curb -side Recycling Agreement Page 4 THE CITY OF MONTICELLO SHALL: 1. The City of Monticello shall provide individual homeowners with three baskets for recycled materials. The City of Monticello and the resident together will pay for these containers. Each container shall be labeled as to its permitted contents and will be color coded yellow for newspaper, red for glass, blue for cans. For the multiple pickup locations (above 4-plexes), the City of Monticello will provide three 90 -gallon roll -around containers for each apartment building up to 74 units, and six 90 -gallon roll -around containers for apartment buildings above 24 units. These containers shall be color coded and marked as to the appropriate materials. 2. The City of Monticello shall provide three hand scanning devices for reading bar codes, along with leather carrying cases, batteries, and chargers. The City will provide maintenance and batteries for normal wear and tear of these devices. The City of Monticello will also provide the unloading of these devices when delivered to the City Hall. 3. The City shall provide promotional material and material indicating rules and regulations for material recycling and preparation to each res'.decity .,.... :,..cc:.o. 4. The City will make payment to the contractor on a monthly basis within 15-30 days after acceptance of a formal payment request, including all the necessary documentation as required. 5. The City will update the accounting of Individual pickups and multiple unit pickups through the building permit process and certificate of occupancy. Adjustment to the contract price will then be made on a quarterly basis. III. COMPENSATION 1. The City shall pay to Polka pot Recycling as compensation for services performed for 36 months under this agreement a monthly fee based upon the available number of individual residential pickups and the number of multiple units for multiple pickup. For the purpose of the initial bond and first year estimates, I: to assumed that there are 1,332 individual pickups and 505 multiple unit pickups. Compensation will be based upon $0.65 for individual pickup and $0.58 per multiple unit multiple pickup per month. The actual number of possible pickups shall be determined by the City's accounting system. Adjuntme.nta will he mide on a quarterly basis through the building permit statement of occupancy system. Monthly payment will be made no sooner than 15 days and no later than 30 days after acceptance of the request for payment by the City of Monticello. A request for payment shall be made at the coffpletion of each month'a recycling and shall include all the necessary documentation as specified. Curb -side Recycling Agreement Page 5 CPayment for office paper pickup shall be $5.00 per month per site with a minimum of three sites. 2. In the event that a change in the scope of services provided by Polka pot Recycling occurs, the City and Polka pot will negotiate a commensurate adjustment in fees. A change in scope of services shall be determined to be the deleting of newspaper, glass, aluminimum or metal cans from recycling, or the addition of additional materials as requested and approved by the City. IV. TERM AND TERMINATION The initial term of this agreement shall be 36 months commencing on July 1, 1989. Thereafter, this agreement shall be automatically renewed for successive terms of three (3) years unless cancelled in writing by either party no less than one hundred twenty (120) days prior to expiration. 2. Either party may terminate this agreement for a material breach of the agreement by the other party after giving written notice of breach and allowing the other party thirty (30) days to correct the breach. Excepting breaches by City for non-payment of Polka Dot's invoices, neither party shAll terminFrq this ngree"nt withcut giving the other party thirty (30) days written notice of intent to terminate after failure of the other party to correct the breach. 3. Either party to this agreement may terminate services under this agreement for no cause by providing the other party one hundred twenty (120) days written notice of the intent to terminate the contract. V. DISPUTES fORCE MAJEURE Neither party shall be liable for its failure to perform its obligations under thin agreement if performance is made impractical, abnormally difficult, or abnormally costly due to any unforeseen occurrence beyond its reasonable control. However, this article, V 1., may not be used by either party to avoid, delay, or otherwise affect any payments due to the other party. 3 curb -side Recycling Agreement Page 6 Both parties indicate their approval 'of this agreement by their signatures below. POLKA DOT RECYCLING CITY OF MONTICELLO Daveost fKen Maus, Mayor Wythess Witness /SAY S" IiS� Date Date m CITY OF 14ONTICELLO NRB -SIDE RECYCLING PROGRAM APPENDIX A RECYCLABLE MATERIALS I. Material 1: Newspaper A. Description of types of paper accepted: Newsprint and inserts. B. Conditions of acceptance: Clean of food particles and other foreign substances. II. Material 2: Glass A. Description of types of glass accepted: Any glass that is used as a food container, no plate glass. B. Conditions of acceptance: Glass must be rinsed out and clean of food particles, labels may be left on. III. Material 3: Aluminum and bi-metal cans A. Description of types of cans accepted: All aluminum and bi-metal cans are accepted. B. Conditions of acceptance: Any condition is acceptable. N . Office paper pickup, (3 City buildings only). A. Description of types of office paper accepted: Computer and ledger paper, white only. B. ConditiDna of acceptance: Free of foreign substances (e.g. carbon or staples). V. Other materials with available markets included in proposal: A. Description of materials: Corrugated cardboard, tin food cans, and used motor vehicle batteries. B. Conditions of acceptance: (t Corrugated cardboard: less than three foot lengths and bundled. V� Tin food cans: Labels removed and free of food particles. Motor vehicle batteries: Caps on and free of cracks. Council Agenda - 5/8/89 15. Consideration of change order A2 for Project 88-01C, Pumphouse +3. (J.S.) A. REFERENCE AND BACKGROUND: On July 25, 1988, upon reviewing the plana for pumphouse 43, the Minnesota Department of Health requested specific changes in the design of the building and equipment. On September 14, 1988, OSM drafted a letter to Richmar Construction, Inc., requesting proposals for a change order including the work outlined by the Minnesota Department of Health. Richmar Construction responded on September 30, 1988, with a proposal for five changes and a more economical type of fan for the chlorine room. The net effect of all the changes is a credit of $111 for these items. B. ALTERNATIVE ACTIONS: 1. The first alternative is to approve change order 42 for a credit of $111. 2. The second alternative is not to approve the change order as outlined. This does not appear to be applicable, as these changes are necessary to meet the Minnesota Department of Health requirements. C. STAFF RECOMMENDATION: It is the recommendation of the Public Works Director and Water Superintendent that the Council approve change order #2 as outlined in alternative 41. D. SUPPORTING DATA: Copies of correspondence from the Minnesota Department of Health, OSM, and Richmar Construction. 41 -24- - rninnesota department of health 717 s.e. delaware st. p.o. boa 9441 minneapolls 55W 16. ZI 627.5000 l ' July 25, 1988 N Mr. Charles Lepak. P.E. Orr-Schelen-Mayeron and Associates. Inc. 2021 East Hennepin Avenue Minneapolis, Minnesota 55413 Dear Mr. Lepak: RECEIVED ORR•SCHELEN-MAYEROM i ASSOL COMM r IS °S• r{Q JUL 2 811 aR' Subject: Pumphouse No. 3. Monticello. Minnesota, Plan #90090 We have reviewed the plans and specifications covering the water supply system for the above -designated project and offer the following comments as to additional information and changes that are necessary before the plans and specifications will indicate that the system is to be installed in accordance with the standards of this Department: —1. A raw water sampling tap shall be installed prior to any chemical feed injection. ✓1. The phosphate injection point shall be relocated after the check valve and as far ahead of the chlorine as practical. �3. The casing vent shall be downturned and screened and shall terminate at least 24 inches above floor drain. 4. The air -release valve shall be installed prior to the check valve and the open end shall be downturned and screened and Shall terminate at least 18 inches above floor drain. 5. The chlorine room exhaust fan shall have a cepa--ctity of one air change per minute. a•33'. e..33'. - toy% WO —765 cf» Petr d� o 6. The chlorine room door shall be equipped with panic hardware. 7. Revised plans shall be submitted to this Department. Copies of submittals covering the above items will give us the information we need to complete our plan review. When submitting additional information, please refer to Plan #90090. If you have any questions, please contact me at 612/623-5327. Sincerely yours, Wa3Glllr+� H' E�� Bassam H. Banat Public Health Engineer Section of Water Supply and Engineering BHB:kbm an equal opponumlw employor f 11 Off Schelen -, UIL 2021 Ea l Hennepin Avenue / Minneapolis, MN 55413 September 14. 1988 b12-331-86.0 FAX 331.360b ENlnccrs 5umeyun Planncn Richmar Construction. Inc. 7776 Alden Way Fridley. Minnesota 55432 Attn: Richard H. Netz Re: Change Order No. 1 Pump and Pumphouse No. 3 Monticello, MN OSM Comm. No. 3595.30. DOH #90090 Gentlemen: As per the requirements of the attached letter from the Minnesota Department of Health, please incorporate the following changes in the pumphouse: 1. Add two (2) smooth sample spigots before the 8" check valves. 2. Relocate the phosphate infection points to immediately follow the 8" butterfly valves. 3. The well vent as described in Section 15200.14 shall have a 180 degree bend. 4. The air release valves as described in Section 15492 shall have 180 degree bends and shall terminate 18" above the floor. 5. The chlorine room door shall be equipped with quick -release "panic" hardware. Please submit a proposal for this change in work for our consideration. Sincerely, ORR-SCHELEN-MAYERON 8 ASSOCIATES, INC. Eugefie H. P.E. Project Manager EHA:IIr cc: Bassen H. Banat. D.O.H. John Simola. City of Monticello t_. John P. Badalich. OSM 0 104 MELLEMA CO. A6nY�KN�I i aW......./ I 5001 CEDAR LAKE ROAD • MINNEAPOLIS, MINNESOTA 55416 • PHONE 612-377.7480 • TELEX 29-06-6 September 22, 1988 Richlnar Construction 7776 Northeast Alden Way Fridley, MN 55432 Attention: Dick Matz Subject: Hartzell Fiberglass Fan Proposal Reference: 59-88-063 Dear Sir: in follow up to our recent telephone conversation, we are pleased to provide pricing and specifications on the two (2) Hartzell Fans that we discussed. You mentioned that your specifications called for a Fiberglass Fan that could produce at least 700 CFM at 1/4" of static pressure. Furthermore, your specifications for this Fan called out an In-line Centrifugal Type Fiberglass Fan. While Hartzell makes one of, the best In-line Fiberglass Centrifugal's in the industry, we do not feel that this is the best Fan for this applica- tion. Generally, In-line Centrifugal's and regular Centrifugal Fans are desired for applications that require high static pressures. In your application 1/4" of static pressure is hardly sufficient to justify the expense of a Centrifugal type Fiberglass Fan, Consequently, our proposal includes an axial type Fan that would easily meet your specifications and, in turn, would be more cost effective. For your convenience, with this proposal, we have included copies of Hartzell Bulletin kA -139-F which describes the Series 34 Axial Fan on page 10 and, Hartzell Bulletin NA -131-F which describes the in-line Centrifugal Fan Series 40 on page 6. We hope the attached information is of interest to you and we would certainly appreciate the opportunity to work with you on this project or any future ventilation projects. Should you have any comments and/or questions or desire additional information, please feel free to give us a call here in our Minneapolis office on 612/377-7480. Very truly yours, Hartzell Fan, Inc. Represented by: MelleCO Patrick G. I pi naft At Attachments difClAl/SFD PROBLEM SOLVERS r0 INOV3rNY SINCE /9.1J /J •Aook du •f,uleerlee •[e,.ni,.... .d... ,. 0 RICHMAR CONSTRUCTION INC. i Sept. 30. 1988 0 7776 Alden Way. Fridley, MN 56432 Phone: (61 2) 574-1189 O. S. M. 2021 E. Hennepin Ave. Mpls.. NIIN 55413 Attn: E. H. Anderson Re: Monticello Pumphouse A3- Change order #1 Gentlemen: We have received your letter of Sept. 14, 1988 regarding the changes required on the Monticello project. A proposal for the changes is as follows. Item 111 ----Add $60.00 Item ---`Io Cha--^ 'b !tern N3 ----No Change Item #4 ----Add 65. 00 Item N5 ----Add $524.00 In addition to the above, we wish to propose changing the Chlorine room exhaust fan per our submittal dated 9/30/88. The proposed change from a centrifugal type fan to a axial flow type fan will result in a net Deduct of $760. 00, I trust that this proposal will provide you with the information you need to prepare the Change Order documents. Sincerely, Richmar Construction Inc. Richard H. Netz President 0 ORR-SCHELEN-MAYERON 8 ASSOCIATES, INC. 2021 E. HENNEPIN AVE. - SUITE 238 MINNEAPOLIS. MINN. 55413 CHANGE ORDER NO. ....2 ............ 1.= 111.00 .......... RE:... 88791C....... Rlchmar Construction, Inc, ..Contractor ...7776. Alden. Way ............................. Fridley. MN 55432 ....................... I ........... ............. Dear Sir (a) Under your contract doted ...,August 10 .................................. 19.88. wltb Ci.ty.of.MOn.ticel.Io, Minnesota.. .................... Owner for ............. Pump and Pumphouse No. 3 and Appurtenant Work ............................................................................................ we are authorized by the owner to hereby direct you to .make .the..inodi.f.ications......... re9uired.by the Minnesota Department of .Health. . . ...and....substi.....tute.....a .fan ...fr-tm ............ that specified inaccordance with the attached letter. ............................................................................................ ............................................................................................ ............................................................................................ SEE ATTACHED SHEET ........................................... ..................... I........................... and ta)diY> 0 (deduct from) the contract, in accordance with contract and speelllcatlon, the num at .0neAutldred.Ejeven..410. no ....................... I...................... loo Dollars There will be an extension of .... ........ days for completion. The date of completion of contract was 6'.1... 1989.. and now w1U be .k' 1...... 19 Amount of original contract I TeU1 Addltlom Tobl Daducilam Canvact .Oat. 5227,630.00 11,448.00 5111.00 1228,967.00 Approved .......................... 19.... Respectfully Submitted. .......................................... Ownar ORR-SCHELEN-MAYERON ApprovedI9.... A ASSOCIATES, INC. .......................... C ........................................... Per ....... ...... ........... Contractor �L I 1. Add two (2) smooth sample spigot before the 8" Add S 60.00 check valves. 2. Relocate the phosphate injection points to immediately No change S 0.00 follow the 8" butterfly valves. 3. The well vent as described in Section 15200.14 shall No change S 0.00 have a 180 degree bend. 4. The air release valves as described in Section 15492 Add $ 65.00 shall have 180 degree bends and shall terminate 18" above the floor. 5. The chlorine room door shall be equipped with Add S 524.00 quick -release "panic" hardware. SUB -TOTAL FOR DEPARTMENT OF HEALTH Add S 649.00 6. Substitute fan. Deduct S 760.00 NET CHANGE Deduct S 111.00 Fl Council Agenda - 5/8/89 16. Consideration of Council support requesting the Department of Revenue hold a public hearing on a proposed rule change concerning valuation and assessments of electric utility companies. (R.W.) A. REFERENCE AND BACKGROUND: Recently, Shelly Johnson became aware of a Department of Revenue proposed rule adoption that will affect the valuation and assessment of electric, gas distribution and pipeline companies, including our NSP plant in Monticello. Although none of the governing bodies such as school districts, local government units, or county governments were notified by the Department of Revenue of this proposed change in their rules, these modifications proposed by the Department of Revenue could affect the valuation of the power plants and the resulting tax revenues from them. The proposed rules would automatically go into effect without a public hearing unless at least 25 people submit a written request for a public hearing. In my conversations with Mr. .Johnson, along with Doug Gruber, the County Assessor, and Bill McPhail, the County Attorney, none of us at this point really understand the effect the rule change may have on valuation and taxes; but we feel that it will be extremely important to require the Department of Revenue to hold a public hearing so we can determine the full effect of this proposed change. Other counties throughout Minnesota and otner government jurisdictiuns are nuw .1sv a.aie cr Lhi' r.: c"a :go and will be submitting a request for a public hearing to get this out in the open. Our main concern at this point is that it may be a minor change in the way power plants are valued, but it also could be another attempt to distribute local tax revenue from NSP to areas such as Hennepin County that utilize a lot of electricity consumption. During the past 10-15 years, the subject of gross earnings and taxes for NSP has been on and off a topic at the legislature. This would, in effect, distribute some or a lot of NSP's taxes they pay in Monticello and distribute it throughout the state based on where the electricity is consumed. We have vigorously fought this in the past, and we are not sure at this point whether the proposed rule change is not another attest to accomplish the same goal. B. ALTERNATIVE. ACTIONS: 1. Council should go on record requesting that the Department of Revenue hold a public hearing on any rule change that would affect the valuation and assessment of NSP and authorize the Mayor and the City Administrator to request the same in writing. 2. Do not request the public hearing and hope the rule change does not materially affect Monticello. -25- Council Agenda - 5/8/89 C. STAFF RECOMMENDATION: l_ The recommendation is simple, the Council should request the Department of Revenue to hold a public hearing; and once it has determined what effect this rule change may have, the Council may want to consider even appropriating some funds for supporting a lobbyist to fight any change that would materially affect Monticello's tax base. It is my understanding that the Wright County Board will be requesting a public hearing and may support the allocation of some funds to hire a lobbyist or attorney familiar with fighting any changes. If our financial support is requested in the future, I would bring this information to the Council before any commitment on the City's part. D. SUPPORTING DATA: Copy of notice from Department of Revenue on rule change; Letter from Shelly Johnson. 1 -26- INDEPENDENT SCHOOL DISTRICT NO. 882 Sheldon D. Johnson. Superintendent Telephone (612) 295.5t64 P. O. 80X 997 MONTICELLO. MINNESOTA 55362 a BOARD OF EtwcAnoN d Donald Doren chairman Apr i l0 27 . 1989 d . Jernes HetOai - Cork Kathleen Sariearrt Treasurer wlmameeuaen Mr, Rick Wolfsteiler, City Administrator Director City of Monticello Monticello, MN 55362 Nancy caannlo Director Dear Rick: Edward Haloray • . Director Enclosed please find a notice from the Department of Revenue pertaining to proposed adoption of a rule that affects valuation and assessment of utility companies, ADMINiSTRATNtN includ_-ng our NSP Plant. - 11111wwteemdeew In this document you will notice that these rule Asst. SuptAftstruction changes will automatically go into effect without a 295-5184 public hcaring unless at 2ehst 25 people submit a Richard welm written request for a public hearing. (�9u31neas Manaost 1295.51ea From what I can determine, I fool that all affected Lynda" Bantu governmental unite around the state should go an record High school Principe requesting a public hearing so that these changes do 295.2919 not automatically take place. Roam weaclu High SClrod Pnncioal If you want to discuss this matter with your board, I 295.2913 would recommend that you do so immediately oro that you Kedah Denson can submit your letter within the time period 90 stated Middle school Prindoa in this notice. 29}61&1. KeyDougtne If you have any questions, please give moa call. Elememary Pnncioa , 295.5184 S i nc o r gnus Norsk Elementary Principal 295-29N Richard PKa S. D. Jo e o n kDanctor 295-291 3 Superintendent of Schools 2932 Paul Unlike SDJIia Spector Education Duasor .. . 2936taS ouane Qatar Community Educatim Da. . 2932916 Candace GOWN Asa. Ccmmunsy Eduo, Dir- 0 2932916 0/6 Department of Revenue In the Matter of the Proposed Adoption of the Rule of the State Department of Revenue Governing the Valuation and Assessment of t_2 7;i,•. Electric, Gas Distribution and Pipeline Companies oti" q� Notice of Intent to Adopt Rules without a Public Nearing rg89 Op ;, RfCErvfp Notice is hereby given that the State Department of Revenue s N'18%tt„ (Agency), Local Government Services Division intends to adopt ASS the above -entitled rule without a public hearing following the '��i1;y; .� g procedures set forth in the Administrative Procedure Act for adopting rules without a public hearing in Minnesota Statutes, Sections 14.22 to 14.28. The Agency's authority to adopt the rule is set forth in Minnesota Statutes section 270.06(14) (1988). All persons have until May 31, 1989 to submit comments on support or in opposition to the proposed rule or any part or subpart of the rule. Comment is encouraged. Each comment should identify the portion of the proposed rule addressed, the reason for the comment, and any change proposed. Any person may make a written request for a public hearing on the rule within the 30 -day comment period. If 25 or more persons submit a written request for a public hearing within the 30- day,._,- ,_.. :icd public Meering will be held unless a sufficientnumber withdraw their request in writing. Any person requesting a public hearing should state his or her name and address, and is encouraged to identify the portion of the proposed rule addressed, the reason for the request, and any change proposed. If a public hearing is required, the agency will proceed pursuant to Minnesota statutes, sections 14.131 to 14.20. Comments or written requests for a public hearing must be submitted to: Ronald Cook Minnesota Department of Revenue Mail Station 3340 St. Paul, P.n. 55146-3340 (612) 296-0392 The proposed rule may be modified if the modifications are supported by data and views submitted to the agency and do not result in a substantial change in the proposed rule as noticed. The proposed rules if adopted will effectively amend the current rules of the Department of Revenue relating to ad valorem (property) taxes imposed on utilities. The present rules deal generally with the valuation, allocation and apportionment of property of electric, gas distribution, pipelines and cooperative electric companies. The proposed rules would modify �j the language of the income approach to delete old unnecessary `�► references and clarify that capitalization rates will be computed for electric companies, gas distribution companies and pipelines; modify the cost approach by allowing an additional 10% of the excess depreciation over the base amount; repeal the "Average Cost per Kilowatt of Installed Capacity" added value calculation; and clarify what is taxable and what is exempt construction work in progress. A free copy of the rule is available upon request from Ronald Cook, at the above listed address. A Statement of Need and Reasonableness that describes the need for and reasonableness of each provision of the proposed rule and identifies the data and information relied upon to support the proposed rule has been prepared and is available from Ronald Cook upon request. If no hearing is required, upon adoption of the rule, the rule and the required supporting documents will be submitted to the .ttorney General for review as to legality and form to the extent the form relates to legality. Any person may request notification of the date of submission to the Attorney General. Persons who wish to be advised of the submission of this material to the Attorney General, or who wish to receive a copy of the adopted rule, must submit the written request to Ronald Cook. April 12, 1898 John P. James Date Commissioner of Revenue M CI (D. May 4, 1989 Dear Taxing District/Citizen Office of WRIGHT COUNTY ATTORNEY WILLIAM S. N12CPHAIL Wright County Courthouse - Buffalo. ,Minnesota 55313 Phone: 612.682.3900 334.6581 1.800.362.3667 RE: In the Matter of the Proposed Adoption of the Rule of the State Department of Revenue Governing the Valuation and Assessment of Electric, Gas Distribution and Pipeline Companies. Notice of Intent to Adopt Rules Without a Public Hearing dated April 12, 1898 (sic). Wright County is host to five electric, gas distribution, and pipeline companies. Together they generated in excess of $43,000,000 in tax revenues over the last four yens E+ci iuu. On the cthc :^:.^.d, thL re—q-,ire g^verr!-ent service -q am immse certain liabilities upon county citizens. The authority to set tax rates and assess valuations has for the most part been delegated to the Commissioner of Revenue by the State Legislature. Over the last five years the Commissioner of Revenue has increased allowable depreciation thereby lowering taxes payable. The Commissioner of Revenue is currently proposing rule changes which I believe will have a significant and adverse impact upon most, if not all, taxing districts within the County. The Co nissioner of Revenue proposes to make these sweeping rule changes which will affect tax revenues and possibly tax revenue allocation without even holding a public hearing! I believe it is imperative that these rule changes be explained and discussed in a public forum where we may all come to understand their impact and have an opportunity to comment. If you share my concern, please join Wright County in requesting a public hearing on behalf of both your taxing district and in your individual capacity. Twenty five petitions must be received by May 30, 1989 in order to require the Commissioner to. hold a hearing. A sample request for hearing is enclosed herewith which you may use or modify to fit your purposes. The purpose of this request is only to require a public hearing. It imposes no obligations. Hopefully I will be able to develop further information prior to the date of the hearing. Any questions may be directed to the undersigned. Very sincerely yours, William S. MacPhail Wright Canty Attorney Equal nppo„unhri AJQ.mmm. Anion Employ" Enc- Mr. Ronald Cook Minnesota Department of Revenue Mail Station 3340 St. Paul, MN 55146-3340 RE: In the Matter of the Proposed Adoption of the Rule of the State Department of Revenue Governing the Valuation and Assessment of Electric, Cas Distribution and Pipeline Canpanies. Notice of Intent to Adopt Rules Without a Public Hearing dated April 12, 1898 (sic). Dear Mr. Cook: The undersigned, resident of the Canty of Wright, State of Minnesota, respectfully submits that rule changes of the magnitude here proposed should be made only after a full and complete public hearing. Therefore, pursuant to said notice and Minnesota law, written request for a public hearing of the proposed rule changes to Minnesota Rules Chapter 8100.0100 et seq. is hereby made. The portion of the rule addressed are all parts which in any way change the current valuation methods, increase allowable depreciation or otherwise reduce in any way taxes payable, or which in any way affect the alluwtluu of taus adverse to the interests of citizens of Wright County. The reason for the comment is that the undersigned believes that the effect of the proposed rule changes will be adverse to the interests of Wright Canty citizens, are unreasonable, and not supported by public need. Changes proposed by the undersigned to the rules as proposed by the Ccamissioner are to leave the rules as they currently exist excepting that the allowance for depreciation be reduced to the 1985 level. .. 1. The undersigned [ J does [ j does not request name registration pursuant to M.S. §14.14, Subd. la. Dated: May _, 1989. Name 5 treet Address U3.ty, btate Zip Code 4. A Council Agenda - 5/8/89 17. Consideration of one -day gambling license application - Monticello Lions Club - July 2 celebration. (R.W.) -r,Vid KS , A. REFERENCE AND BACKGROUND: The Monticello Lions Club has applied to the Charitable Gambling Control Board for approval of a one -day gambling license for the July 2 celebration to be held in Ellison Park. If the City Council does not oppose the issuance, the Control Board will approve the application within 60 days. In regards to the gambling license application, the City of Monticello may be required to approve of the Lions Club utilizing a city park for their gambling activities, as the Club is normally required to submit a lease agreement to conduct gambling off-site from their own location. Assuming the Council has no problem with this license, I will forward a letter waiving the 60 -day notice requirement and informing the Gambling Board that the City agrees to the use of Ellison Park for this activity. D. SUPPORTING DATA: Copy of gambling license application. -27- MINNESOTA OEPARTMENT OF REVENUE ONE DAY OFF-SITE GAMING O I V C i I O N LALTM GAMBLING APPLICATION Mail Station 3315 ' St, Paul MN 55146-3315 A licensed organization may, upon approval of this application, conduct gambling on a premises other than a licensed site one day per calendar year for not more than 12 hours. • If there are fever than 60 days between the date that the city/county signs the application and the date of the off-site gambling, include a waiver from the city/county waiving its 60 -day disapproval period. • Print clearly or type. Attach a copy of the lease for the off-site premises. • After review, the application will be returned to the organization with approval or denial indicated below. Organization license No. Lions Club - Monticello I B - 01825 - 001 Address (street or P.O. box number) - - I - 1017 West Broadway City• State Zip Code _ Phone No. _ Monticello MN I 55362 I ( 612 •295-4800 OFF-SITE INFORMATION I. Name o! premises -era off-site lawful gambling "111 be conducted Ellison Park 2. Address of off-site premises City or township State Ifo -Code - I City of Monticello I MN ( 55362 I 3. Date of one -day event July 2. 1989 a, xas your organization conducted off-site gambling this year. [D YES ® NO I If YES, give date of event N/A Attach a lease for the one day off-site lawful gaebling. No lease - park owned by City of Mgnri-"11 6. Name of chief executive officer (please print) I Signature Roger E. Belsaae ACKNOWLEDGEMENT OF NOTICE BY LOCAL GOVERNING BODY I hereby acknowledge having been served with notice that this application will be reviewed by the Charitable Gambling Control Board and, If approved, will became effedtire 60 days from the data of receipt (notal below) unless a resolution of the local governing body Is passed that specifically disallows such a ctivlty and ecpy of The recolutlon Is received by the Charitable Gambling Control Board within 60 days of the be l aw noted dace. The city or county may choose to valve the 60 -day acknowledgement period by resolution. Attach the written waiver to this reeuest. 7. Name of city or county (local governing body) City of Monticello 4turj of grf so r�f�el vIng application Titlp Dete re awed u& (C/ �i.�. CX�v ?e. X, y�G�PS if site Is loco tic .Rhin a township, items 9 and 10 must be completed In addition to tffe county slgnature. 1I 9. Name of township 1 I10. Signature of person receiving application ITitle LBOAFD USE ONLY Approved Denied O Executive Secretary Date ChaI CM riUblDle Ca-bli-p Control Board Council Agenda - 5/8/89 18. Consideration of authorizing purchase of replacement motive water pump �- for equalization basin - WWTP. (J.S.) A. REFERENCE AND BACKGROUND: The motive water pump in the "EO" basin mixes the waste water in that tank to get a homogenous mass in the case of pH and high BOD loads, as well as assisting in odor control in some aspects. Normally, the EQ basin is not used 1008 of the time, and the pump should last a long time. When the City operated the plant, however, our operators used the EQ basin as an activated sludge aeration tank, and the pump was used extensively. This may have caused its premature failure. PSG has obtained estimates from Waldor Pump of Minneapolis for repair versus replacement, and it appears more practical to replace at this time. The cost difference is only $72.30, and warranties are much better on a new pump. Although there is money in the PSG repair and maintenance budget, this item requires Council action, as it is over $2,000. B. ALTERNATIVE ACTIONS: 1. The first alternative is to authorize replacement of the motive water pump from waldor Pump of Minneapolis for a coat of $2,534.00. 2. The second alternative would be to authorize repair of our old motive water pump at a cost of $2,461.70. This does not appear to be practical, as the old pump repair costs are similar to replacement. C. STAFF RECOMMENDATION: It is the recommendation of the Public Works Director and Kelsie McGuire of PSG that the Oouncil authorize replacement of the motive water pump at a cost of $2,534.00. D. SUPPORTING DATA: Letter from PSG. -28- 43PROFESSIONALSERVICES GROUP, INC. L 5/5/89 Mr. John Simola Director of Public Works City of Monticello, MN Re r E.G. Motive Water Pump Dear John; On 5/1/89 we took the E.O. tank down for cleaning, and service of its components. The motive water pump was pulled for inspection and service. The pump hoe been non -operational for at least 3 years and it was suspected to be plugged up with debris. External inspection of the pump showed a worn impeller and the bearings needing replacement. We called Woldor for, prices and availability of a rebuild kit and as it turned out they hao a man coming to Monticello for some work for the water department, they affw,•wJ Lu etuy Ly for a look. Tney recommended sending it in for further inspection to which we agreed, and called back with a quote. Repair of the unit will coat s2, 461. 70, replacement will l� coat 92,534.00. The pump is not aeeential to the operation of the plant, but its proper operation would enhance treatment. The pumps function may become more critical in the suture and with the tank down, now would be the preferred time to reinstall the pump. We are recommending replacement. Pleose instruct us as to how you wish to proceed. Very truly yours, Kdlsie McGuire cc J. Micketto Monticello Wastewater Treatment Plant • 1401 Mart Blvd. • Monticello, MN 55362 • (612) 2952225 Council Agenda - 5/8/89 j 19. Consideration of awarding Project 89-1 to Channel Construction for the �L Improvement of Marvin Elwood Road extension and discussion of potential assessment method. W.O.) A. REFERENCE AND BACKGROUND: Project 89-1 consists of street construction associated with the extension of Marvin Elwood Road. The City received one bid on this small project from Channel Construction, the same contractor who is believed to be scheduled to complete the private work within the Meadows Second Addition plat. The bid submitted amounted to $11,004.25, which is $300 over the expected bid amount. As you know, it is intended that the project cost be assessed to benefiting property owners. Although this is not an official public hearing on adoption of an assessment roll, it may be an appropriate time to discuss the proposed allocation of cost for this project, as the developers need to know the expected cost to prepare their financing. Assuming the Council has previously adopted the proposed assessment roll concerning the 81-1 improvement project, the Edgar Klucas property and the corner lot within the new Meadows Second Addition has been assessed for street improvements. Typically, the City has in its assessment policy that a corner lot has not been assessed for street improvements on both sides. Under the 81-1 assessment roll, the newly created lot abutting River Street and this Marvin Elwood Road extension would have already been assessed the equivalent of $3,759.50. The same would be true for the corner portion of Mr. Klucas's property, which also abuts this Marvin Elwood Road. Thus, it may not be consistent with our assessment policy to also assess the entire cost of Marvin Elwood Road to each property owner. One method used in the past is to give credit for a previous assessment. If the entire project cost was assessed equally to the benefiting property owners, each parcel would receive approximately $6,000 in additional assessments. In the case of the corner lot, the $6,000 plus the previously adopted $8,000 assessment would total $14,000 for one lot, which may be excessive in thio situation. By giving a credit for a previous street assessment, this would lower the example to a little over $10,000. Another option to consider is that the Klucas property has 290 feet of frontage on Marvin Elwood Road, which could result in three or more building lots fronting on this street. Under any allocation, the result is if a credit is granted for a previous street assessment to avoid double assessments, the result will be the City picking up half or more of this cost on ad valorem taxes. Although I think everyone agrees the road will have a benefit to more than just the abutting property owners, I believe some indication of the potential assessment to the Meadows Second Addition would be appropriate so they can complete their financial commitments. 1 -29- Council Agenda - 5/8/89 B. ALTERNATIVE ACTIONS: DECISION A: 1. Motion to award Project 89-1 to Channel Construction contingent upon execution of the Meadows and Meadows Second Addition developer agreement. 2. Motion to deny awarding said contract. DECISION B: 1. If desired, Council may indicate to the developers the assessment policy that may be used regarding this improvement project. C. STAFF RECOMMENDATION: Staff recommends that the Council award the project to Channel Construction contingent on the execution of the developer agreement. In order for the street extension to be constructed, a large amount of fill material must be moved from another area within the construction zone. In other words, Project 89-1 is directly connected with private construction activities associated with phase I of the Meadows Second Addition. It is, therefore, mandatory that this project be ordered to proceed only if the private development proceeds. ' In addition, Channel Construction, though not a firm familiar to Monticello, has successful) completed mp leted projects in other communities, and therefore appears to be a responsible bidder. If the Council can come to a consensus on an approximate assessment method they would like to use for this project, I think it would be beneficial to indicate this to the developers. If the Council feels this road extension is beneficial not only to the property owners directly benefiting but also the entire neighborhood and the city in general, the developers may be more comfortable with proceeding knowing what their coat may be in the future. D. SUPPORTING DATA: None. -30- Council Agenda - 5/8/89 20. Consideration of adopting Meadows and Meadows Second Addition Developer Agreement. (J.O. A. REPERENCE AND BACKGROUND: At the time of this writing, the developer agreement is not complete. However, it will be available by meeting time. The agreement is modeled closely after the Evergreens developer agreement. At the meeting on Monday, I plan on reviewing those sections of the agreement that vary from the Kjellberg agreement. Council may wish to table this item to allow more time to review the document in detail prior to decision making. B. ALTERNATIVE ACTIONS: 1. Motion to adopt Meadows and Meadows Second Addition Developer Agreement. 2. Motion to deny adoption of Meadows and Meadows Second Addition Developer Agreement. • 3. Motion to table decision pending further Council review. C. STAFF RECOMMENDATION: y Staff recommends alternative /1 or 03. Staff has developed preliminary agreements with the developer that are essentially consistent with agreements outlined in the Evergreens Development Agreement. If Council is comfortable with the Evergreens Development Agreement, it is likely that this particular agreement will also be acceptable. However, there are a few differences that will be reviewed at the meeting of May 8, 1989. If a final document can be prepared by meeting time on Monday, staff to comfortable with a Council decision at that time. However, it is also very understandable if Council desires to table the matter pending further Council review. D. SUPPORTING DATA: None. M 5ID Council Agenda - 5/8/89 j 21. Consideration of granting final plat approval - The Meadows Second �L Addition. Applicant, value Plus Homes. W .O.) A. REFERENCE AND BACKGROUND: The developers of this property, Value Plus Homes, owned by Tom Holthaus, Matt Holker, and Steve Holker, request final plat approval of the Meadows Second Addition. Staff recommends that Council grant final plat approval as requested, as the developer has made minor changes to the preliminary plat as requested by Council. Two significant positive developments result from this project, which include the extension of Marvin Elwood Road and the rezoning of the Meadows from R-3 to R-2 zoning. The extension of Marvin Elwood Road provides a needed outlet for traffic in the area and improves the efficiency of snow removal on Marvin Elwood Road. The rezoning of the property from R-3 (multi -family) to R-2 is positive in that R-2 district regulation more accurately reflects the existing land use in the area. B. ALTERNATIVE ACTIONS: 1. Motion to grant final plat approval of the Meadows Second Addition. 2. Motion to deny final plat approval of the Meadows Second Addition. C. STAPP RECOMMENDATION: Staff recommends alternative 41. D. SUPPORTING DATA: Copy of final plat of the Meadows Second Addition. Q -32- Council Agenda - 5/8/89 22. Public Hearing - Consideration of vacating streets, utility, and drainage easements. (J.0.) A. REFERENCE AND BACKGROUND: This public hearing was continued to allow time for the development package to be completed. Now that the developer agreement and final plat have been prepared, it is time to act to vacate the streets, utility, and drainage easements associated with the original plat of the Meadows. If Council acts to adopt the final plat of the replatted Meadows, then it is appropriate to vacate said areas. B. ALTERNATIVE ACTIONS: 1. Motion to vacate streets, utility, and drainage easements associated with original plat of the Meadows. 2. Motion to deny vacation of streets, utility, and drainage easements associated with original plat of the Meadows. C. STAPF RECOMMENDATION: Staff recommends alternative Al if Council approves final plat of the replatted Meadows subdivision. D. SUPPORTING DATA: Description of areas to be vacated! Map showing areas to be vacated. 4 -33- L IEYER-ROHLIN, INC a O ENGINEERS -LAND SURVEYORS 1111 Hwy. 25 N., Buffalo, Minn. 55313 Phone 612.682.1781 STREETS TO BE VACATED That part of Hedman Lane and that part of Meadow Lane, being platted streets in the plat of The Meadows, according to plat thereof on file and of record in the office of the County Recorder, Wright County, Minnesota, described as follows: Beginning at the southeast corner of Block 2, The Meadows; thence N 0° 40' 38" W, plat bearing, along the east line of said Block 2, a distance of 229.00 feet; thence northerly along a tangential curve, concave to the southeast, having a radius of 1027.96 feet and a central angle of 11° 26' 3911, a distance of 205.33 feet; thence S 79° 13' 59" E. not tangent to said curve, a distance of 60.00 feet; thence southerly along a nontangential curve, concave to the southeast, having a radius of 967.98 feet and a central angle of 3° 15' 48 a distance of 55.13 feet, the chord of said curve bears S 9° 08' 07" W, distant 55.12 feet; thence southeasterly and easterly along a compound curve, concave to the northeast, having a radius of 20.00 and a central angle of 98° 10' 5111, a distance of 34.27 feet; thence N 89° 19' 22" E, tangent to said curve, a distance of 20.31 feet; thence S 0° 40' 38" E, a distance of 60.00 feet; thence S 89° 19' 22" W, a distance of 29.32 feet; thence southwesterly and southerly along a tangential curve, concave to the southeast, having a radius of 20.00 feet and a central angle of 870 53' 25", a distance of 30.68 feet; thence southerly along a compound curve, concave to the southeast, having a radius of 967.98 feet and a central angle of 20 06' 35", a distance of 35.64 feet; thence S 00 40' 38" E, tangent to said curve, a distance of 229.00 feet to the southwest corner of Block 4, The Meadows; thence S 89° 19' 22" W. a distance of 60.00 feet to the point of beginning. CS-88339 Thofe P. Meyer, Professional Engiriber Robert Rohlln, Licensed Land Surveyor �. AEYER-ROHLIN, INC. O O ENGINEERS -LAND SURVEYORS 1111 Hwy. 25 N., Buffalo. Minn. 55313 Phone 612.682-1781 Utility and Drainage Easements to be Vacated The Utility and Drainage Easements lying within the perimeter of, parallel with, and adjoining the lot lines_ of Lots 7 thru 11, inclusive, Block 2; Lot 5, Block 3; and Lots 1 and 24, Block 4; being dedicated easements in the plat of The Meadows, according to plat thereof on file and of record in the office of the County Recorder, Wright County, Minnesota. I S-88339 R Thore A Meyer, Professional Engineer Robert Rohlln, Licensed Lend Surveyor 4:-))- v \ THE MEADOWS � �t1•. Ei 577 �Ei \ � T \ • ` � Denotes Streets to be vacated 1 �` '° \\♦ \'... �•� Denotes Utility and Drainage �, t \ \ \ Easements to be vacated H.a •�^ •4 � 1 � moi. .] O tl ) ;°4 \ \ \ \ \ , in o . }�., �r �J/ 1 /• r s.�,%f 1 °�4fi;,u .O d�tr�> \ • \ \ a �_t- t'� ■ .."'� FIS - JS -j 5''\,� • %�. T w l •n r_ 1 +•1 Y t r i 1, n'� n'Cn '.■�i1: i�i' iti. f tt I ' ■ /y 11 � �•li 91� l�j 1` ?\ D 1� n i� 0 1 r r 1 t 7 ROAD ., 1 1 1 1 1. :. ;1 1• ,. Jt i. .1 rlr fir' w.. ■ fas a P. ■ • __swn'arw WI]]-- ( J408f 1 HIT LIB n U t. E s t• 7 r ] IYf EA:1 II 1 I I J J I 1 Q. Council Agenda - 5/8/89 23. Consideration of townhouse association to own and maintain sanitary sewer main. (G.A.) A. REFERENCE AND BACKGROUND: Jay Miller recently received approval to replat Lot 1, Block 5, Par West Addition, into two lots of which the northerly lot when subdivided will accommodate six townhouse units. As part of the original platting of the Par West development, Lot 1, Block 5, was to receive eight total townhouse units on it. As you will note on the enclosed certificate of survey, the northerly portion of the subdivided lot only has four water and sewer services which run into this newly subdivided northerly portion of this lot. The other four services that are stubbed into the property will serve the southerly portion of this lot. To install two additional services to the northerly portion of this lot and extend them in with the other four existing services to this 6 -unit townhouse project will require a spaghetti -like maze of services running into each of the townhouse lots, as they do not line up directly in front of the services which were installed for them or the new services which are proposed to go in. The developer, Mr. Jay Miller, and the Public Works Director, John Simola, have come up with a proposed design which would be a short extension of the sewer main only into this lot to service the six townhouse units. This short sewer main would be owned and maintained by the townhouse association for the six units. By ordinance, we require each individual unit to have its own water and its own sewer service to its unit. As proposed on the enclosed site plan, each of the six units ^1' `:;:t Wu wc,uid have e t ird.... . cc to -.. have a shared 8 -inch sewer main with a connection to the 8 -inch sewer main to each of their individual units. Covenants would be recorded �- within the townhouse association making them fully responsible for the maintenance of this 8 -inch sewer main. B. ALTERNATIVE ACTIONS: 1. Approve a townhouse association to own and maintain a sanitary sewer main. 2. Deny a townhouse association to own and maintain a sanitary sewer main. C. STAFF RECOMKF.NDATION: To avoid a spaghetti -like maze of water and sewer utilities running to each of these townhouse units, City staff recommends approval, subject to City Attorney's review and approval, of an extension of the existing sanitary sewer main to the northerly portion of this lot to serve the six townhouse units. This would be an extension of a sewer main only. The water lines would be six individual water lines run to each of the six townhouse units. D. SUPPORTING DATA: Copy of the location of the request, ropy of the site plans Copy of the ordinance section regarding requirements for individual sewer and water linea to each of the units. -34- y do ` Q�� �r•` � � ' �� ='`� ~`�"'•s-moo, '�`. .e 7 .•.� • `' , �,,ry t :�/� ,V. 't�.r ii �7 iY { �.,, � •' a ..4.= `-.. t4!�,�,.. �..."w :., .. T T.jNw, ��.\ �.. Q '../T.f. / ... a/1?J•.`.%�-.,.,.�,., "ter ._ •'r...'` -"r.- � �\ ..TT "'f,••�iys.t,��... -" ..S-•' of \�,D � � ` / "� / ,�':q .►y - ' �^,�.+.+'ay Na !.� •, yf !1 �..- ��� � � �� .0 � ..•• �. i� I t iq e I : \\ ^ �~t' �'• �^"Y /.r t, ems'. � w � it , C �,� �� .��•��! , fa s c /a , �"+ t It a i � w� 'tr ^• �- �l f' po aI6 _-�� A✓� ?tom`'. w.�•... thy• At ND pc. E c/,fr :arf.�n JYo �NTIGEtwi)295'33RE "-" t'a !ice .i ��' •a �. 'Ay CIA 7-2-5 7-2-4 (C) In the event a water or sewer bill, whether incurred prior or subsequent to the passage of this Chapter, is unpaid at the end of the calendar quarter or the billing period under which the billing is sent out, the bill shall be considered delinquent and the service may be discontinued as provided in (B) above and the Council may cause the charges noted in such billing to become a lien against the property served by certifying to the County Auditor the amount of said delinquent bill in accordance with the Statutes of the State of Minnesota. 7-2-6. BILLING REGULATIONS: The Council shall have the authority to prescribe by resolution the rates to be charged for water and sewer service to the customer from time to time and may prescribe the date of billing, a discount for payment within a prescribed period and/or penalty for failure to pay within such period and such further rules and regulations relative to the use and operation of such system as it may deem necessary from time to time. 7-2-7: FAULTY METERS: If a motor fails to register or accurately measure the water, the charge for water consumed shall shall be paid for at the established rate based upon past average billings an determined by the City. 7-2-8: LEAK IN SERVICE LIVE: Any owner, occupant or uoer or a promises who shall discover a leak in a service line to the promises shall notify the City within twenty -Lour (24) hours. Anv water wastel tm a ?s411»rc ._ ;crvc: to comply with this regulation shall be estimated by the City and be charged for against the owner at such prem.00s at the l established rate. f 7-2-9: CONNECTION REQUIREMENTS: Each now building, or part 4thereof, constructed in the City which is required by code to have sewer and avatar and whose ownership can be legally transferred separately within the City shall have its own individual sewer and water connection= to the City mains. Any shared existing services for adjacent unit= of separate ownership which fail and require replacement or substantial repairs shall at that time be separated. There shall be installed in every connection r to the City water mains ono curb otop located on the City right-of-way and ons atop and waste valve which shall be inatailed ata point ` between the curb scop and the meter am that the vator may be turned off and the rotor and houa� plumbing entirely drained. There shall be installed another stop and waste cock and check r valvein the pipe on the house side of the motor. Thera shall be installed a me tar yoke of the typo epprovad by the City for convenient installation and removal of the motor. All water service pipes connected to the motor valves and the City mains shall be of Typo K copper and a minimum 1 -inch (ill) inside diameter j or its approved equal and =hall be laid at a depth of not lose , than 6.9 foot below the oatablishod grade or as low as the street mains. ( 7/23/84 #139) 4 ,v q"..,�) rt... (I�Ij • tib./ � � h�a j;%� tt.y-wiro.ry ai..rr rrwf� � • �..--r'�a,a U `..�-'�� ��.,� arc'• ravrx✓srrr✓ sr✓r. ! � ��riry :�.%'.� _ �a �,,, ^ � •ra N/�F.QI• KfNs it✓. Vi I t .y�� i0.��d'Jr� ..•��J y //,�� �,, evt qr✓ • ' («a�+'IX a' `qt 1`••. E=ra wvtK.:o C • � Ic t;-c•r=w 's.narr' .4i/d ��'?�.; �,._;BGO GIS' _ J11: #. ra,rwwn.✓ /'I� i, L '� irKoo•= �a SdB'2G'od 'u.' o W4 -1'Jo ,- E-',� ' , }-- 7.._....�_.�,,._.._ . 3«_.+...: #1 ......_- +r� � f!o . _ ...., . s,rrarw:.+ few,• : vr�_ ,. _.m.., , ��i (.n/rar�vs � } .�:Iflr i I.^�r S li1.q ._ 5 ".•7M,y�liir/ i - - � .•��'ri�rw: r.'M+'[f.I/O rJQ`,r i� { I �Iv .,. - ' .__..�... _ � ..s ... , � �,:. '�!et�� .,119.._._ .._ _ ._ .L . _ . � _.. . •. � � � •� y tNf � Jlti.ar , � wiarV 2'lsr" _ ' PTAYLDR LAND SUIS 219 WEST BROADWAY. PC AIOM10EUO. MWIVE WrA• PHONE(612) M -338E ar.+ w wcRm n 1 ' CITY OP MONTICELI.O Monthly Building WPartaint Report . Month of APRIL , 19 89 `>•-_- PERMITS NID WES ' 'This ' P01MIT8 18906D lent Month This Month APRIL Saw Month last Year Y.a[ Lest Yee[ To Data To Data MMC. REBID IAL N,sab.r 5 IO 17 25 7 Valuat len S 9,500.00 36]0,700.00 9 619,600.00 9 971,400.00 S 848,100.0 Paas 95.00 4,3%.09 9,010.97 6,542.69 6,289.00 Surcharge. 4.00 310.65 ]D9.]0 464.95 422.05 C)OMMERCIAL "..bar 1 5 7 3 9 Veluatlon 1,097,100.00 22,000.00 47,500.00 282,500.00 1,162,400.00 ra.. 6,118.40 7]6.00 47].00 1,667.00 6,786.10 Surcharge. 346.70 10.50 27.75 141.25 580.70 INDUSIAL th®bor 1 Valuation 4,600.00 reea 46.00 Surcharge. 7.70 PWMDIRG Number 1 7 4 10 11 F. 59.00 266.00 206.00 417.00 ]96.00 Surcharge. .50 6.00 2.00 5.00 5.00 OTHER. lluabac 2 1 7 Valuation .00 .00 .O0 Pae■ 20.00 10.00 ]0.00 Surcharge. 1.00 .50 1.30 TOTAL NO. PERMITS 9 23 70 41 47 Ii TOTAL VALUATION 1,107,900.00 660,700.00 667,IDO.00 1,716,500.00 7,010,240.00 TOTAL rus - 6,772.40 5,106.09 5,799.97 10,672.69 17,301.40 TOTAL SEMCHARC99 557.20 375.65 379.05 613.30 1,012.73 CURRENT MONTH lT YB NuaU.0 to Wta ' PERMIT PERMIT NATURE number 6URCIIARGR Valuation Thi■ Va., last v- ►wily ! 6 1,5]4.00 9 109.00 1710,000.00 6 4 IfuPLOa 1 2,699.09 192.40 784,600.00 0 1 Multi-Tsally II Coemmercla l 0 1 Industrial 0 t Garages 1 50.00 2.50 5,000.00 1 2 M. w 0 0 Public Building. 0 1 ALTERATION ON REPAIR B..11ingq 5 ]17.00 14.75 !0,500.00 17 16 Co�erclal 6 2]P. 00 10.30 !7,000.00 a 3 Industrial O 0 PLUMBING All Types 7 266.00 6.00 .00 11 10 ACCESSORY STRUCTURES S.lasing Pools 0 0 Woks 0 2 TEMPORARY PERMIT 0 0 DEMOLITION 1 10.00 .50 ] 0 y TOTALS 23 5.093.89 ]]3.65 660,700.00 47 41 "TAL RCV0IU2 85.444.54 INDIVIDUAL PERMIT ACTIVITY REPORT Month of APRIL 1989 PERMIT I I• NUMBERPLRMIT OEBCAIPSIOM TYPLI -T.- VALUATION PLL: SURCHARGE PLUMBING 16wCHARGE 89-1]22 Attached garage RG Michael Oison/1808 West River St. 8 5.000.00 3 30.00 6 2.50 8 -3 09-77:2 Leai116L v1J Nwtl T -k Rebar ' building AC Montleello MRA/247 M. Broadway .00 10.00 .SO 90-1]24 Interior remodel AC Victor 6 Karen Dwt/112 W. Broadway ],000.00 ]0.00 1.50 ]1.00 .SO 89-1723 Roofing replacement AC Mowtaln Top Book Store/113 W. Broadway 5,000.00 50.00 2.50 89-1]26 Root shingle replacement AD Prederlek HICkmn/742 E. Broadway 1,500.00 15.00 .50 88-1327 tlowa i garage 8P JOM Millar/109 Kevin Longley Dr. 74,400.00 471.87 37.20 27.00 .50 89-1]2B Howe addition i attached garage AD Patrick i Bobble Townsend/440 M. Broadway 19,000.00 188.00 9.50 13.00 .30 69-1]28 Howe and 90- rage residing AD Olenn Schiller/123 Redman Lane 2,500.00 23.00 1.25 89-1330 Howe addition AD William Jamison/224 M. 4th St. 6,000.00 60.00 3.00 11.00 .50 88-1331 Ambulance garage addition AC Monticello-O.L. HO.P. Dist./1003 Hart Clvd. 11,000.00 128.00 5.50 09-1332 Mobile Mme entry AD Tammy Lambsrt/P0 Dor 981 K3allberg Cast Trai lar Park 1,500.00 18.00 .50 09-1333 Ho a and gare0e 8P John Mli1.r/117 Jerry L16l6tt pr. 73,100.00 466.60 ]6.55 26.00 .50 89-1334 Roe[ing material ..Iiacemant AC Lee x0- tI.. d/10" W, Broa0vay 1,300.00 15.00 .50 09-1]35 Howe and garage 8► Paul Decker Const./506 Minnesota 8t. 70,500.00 .56.07 ]3.23 22.00 .50 89-1]36 6 -Unit Tovnhowe MP Jay Miller/06,98.100,10],104,106 Jerry Liefert Drive 3".500.00 1,636.]0 192.40 144.00 3.00 89-1337 Interior remodel AC MontlCello Athletlo Ciuh/141 Sandberg Rd. 15.00 .SO TOTALS �1,.5500�.00 8660,700.00 83,839.8. 8329.65 5366.00,8. U0 PLAM REVIEW 89-1327 Howe and garage 8► John Miller/109 Kevin Longley Ot. 47.19 09-1]33 Howe and garage B► JOM Miller/117 Jerry L1alart Dr. 46.66 89-1]33 Howe and 9arag• SP Paul Osaker Const./506 Mionssota St. 45.61 89-1]36 6 -Unit Town- M► Jsy M111"/96,98,100,102,104, 106 ' Jerry Llatert Orlvs 163 0.59 TOTAL PLAR RCVIZW 81. 0 . "TAL RCV0IU2 85.444.54