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City Council Agenda Packet 05-09-199412,J AGENDA OF THE MEETING OF THE CITY COUNCIL Monday, May 9, 1994 - 7 p.m. Mayor: Brad Fyle Members: Shirley Anderson, Clint Herbst, Patty Olsen 1. Call to order. 2. Approval of minutes of the regular meeting held April 25, 1994. 3. Citizens corn men ts/petition s, requests, and complaints. 4. Consideration of appointment to the Councilmember vacancy. 5. Consideration of offer to purchase 7th Street remnant parcel --Land Projects Partnership- 6. artnership_6. Public heart ng on phase IV of the Cardinal Hills public improvement project, and consideration of adopting a resolution accepting hid, awarding contract, and ordering project.. 7. Consideration of adopting development agreement and consideration of approval of final plat - Phase IV, Cardinal Hills residential subdivision. 8. Consideration of a resolution declaring intent to reimburse project costs through it future bond sale - Project 94-01C. 9. Consideration of granting a conditional use permit allowing minor auto repair and allowing outside storage in a H-3 (highway business) zone. Applicant, Jerry's Towing Service/Milton Olson. 10. Consideration of Gmmerich/Wein rezoning/comprehensive plan amendment request.. 11. Consideration of contracting for assistance with building inspections. 12. Consideration of rezoning Outlots C and 17 o1' Meadow Oak Estates from R- PU.) to It -1 . l:l. Consideration of approving preliminary plat of the Eastwood Knoll subdivision. Council Agenda May 9, 1994 Page 2 14. Consideration of reviewing proposals offered for purchase and development of Outlots C and D, Meadow Oak Estates. 15. Consideration of a resolution ordering plans and specifications for the Eastwood Knoll subdivision. Applicant, City of Monticello. 16. Consideration of feasibility studies for realignment of Cedar Street at County Road 117 (East Oakwood Drive) and resurfacing of East 7th Street between Highway 25 and Cedar Street. 17. Consideration of specifications for obtaining bids for contract mowing operations. 18. Adjournment. MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, April 25, 1994 - 7 p.m. Members Present: Shirley Anderson, Clint Herbst, Brad Fyle Patty Olsen arrived during item #3 Members Absent: None Consideration of aaaroval of minutes of the regular meetine held April 11, 1994, and the suecial meetine held April 12, 1994. After discussion, a motion was made by Clint Herbst and seconded by Shirley Anderson to approve the meeting minutes as submitted. Motion carried unanimously with Patty Olsen absent. 3. Citizens comments/vetitions. requests. and complaints. A. John Belinski, resident of the Meadow Oak neighborhood, registered his complaint that the City does not do enough for the youth of Monticello through park development stating that there are not enough ballfields to handle the needs of organized play and neighborhood play. Basketball courts are needed as well. In the Meadow Oak area, we have a flooded field, two swings, and a slide. Parks are an investment in the community, and he asked what are we giving our children. Clint Herbst noted that we have quite a few parks, and we are developing a path system to connect the parks that we have, making them more accessible. Brad Fyle noted that during the past budget session, the City delayed some park improvements; however, he noted that the City recently spent $800,000 on lighting the NSP ballfields and that the City is trying to work with the community toward development of the park system. Belinski stated that providing recreation for the youth will save the City dollars in the long run by providing constructive activities for young people. Assistant Administrator O'Neill noted that the Parks Commission has analyzed the park development needs of the community and has a plan for park development to address the needs within the budget provided by the Council. He noted that the Parks Commission would welcome any comments that Belinski would have regarding park development planning. Page 1 l C�1 Council Minutes - 4/25/94 B. Patrice Bogart described health problems created by smoking and outlined her request that the City adopt an ordinance requiring that businesses selling cigarettes be licensed and that the sale of cigarettes be conducted primarily through assisted sales. The ordinance would also provide stricter control over use of vending machines for selling cigarettes. In support of the need for the ordinance, she outlined the results of a recent survey on the ease by which youth can obtain cigarettes. The survey showed that 30% of youth who attempted to buy cigarettes over the counter and 7510 of the youth buying cigarettes from vending machines were successful. Bogart requested ordinance amendments that would result in a lower success rate for teenagers attempting to buy cigarettes. Consideration of anoointment to the Councilmember vacancy. Clint Herbst noted that he stands by his previous recommendation and made a motion to appoint Dan Blonigen to the vacant City Council position. He felt that Dan Blonigen was not actually voted out at the previous election. His name was misspelled on the ballot. Herbst noted that Blonigen is very conservative, and you need people of all different perspectives on the Council. Herbst also stated that he agrees that a Planning Commissioner would be a good alternative. Brad Fyle stated that Dan Blonigen did a good job while on the Council but also noted that Brian Stumpf was mentioned as a candidate. Many positive things have been said about him with regard to his work on the Planning Commission. Stumpf would be up to date on the current issues. Herbst suggested that the Council should appoint someone who has been in the position in the past. He also noted that Blonigen could have pressed the issue with the City regarding the misspelling of his name on the ballot. Patty Olsen noted then he should have pressed the issue at the time of the election. Patty Olsen stated that we need someone who is more of a moderate or middle-of-the-road candidate. Herbst responded by saying that we need a variety of people on the Council, not just a rubber stamp. Brad Fyle suggested that we need a Councilmember that will sit well with the existing Council to assure good relationships. Patty Olsen was concerned that her victory over Blonigen in the election would impact Council relations unfavorably. Clint Herbst responded to Olsen by stating that you can't sit back and go against Blonigen just because you think he will vote the opposite of you due to personal reasons. Page 2 C� J Council Minutes - 4125/94 Shirley Anderson seconded Herbst's motion to appoint Blonigen. Anderson noted that Blonigen is a reasoned thinker and would vote based on what he thought was in the best interest of the City and would not be affected by personal issues. At this point in the meeting, Judy Leming indicated her interest in serving on the City Council. In her statement, she noted that she is a fair person. In her business as a real estate agent, she has become experienced in mediating between parties. After further discussion, Brad Fyle indicated that he would prefer to table the matter rather than casting the deciding vote and that the City would continue to accept names of volunteers. Voting in favor of the motion: Clint Herbst, Shirley Anderson. Opposed: Brad Fyle, Patty Olsen. It was the consensus of Council not to formally advertise the availability of the position. Public hearing on the proposed assessment roll for delinouent charees. and consideration of a resolution adopting an assessment roll for the certification with the Countv Auditor covering delinquent charees. After discussion, a motion was made by Shirley Anderson and seconded by Brad Fyle to adopt the assessment roll for delinquent charges as presented. Motion carried unanimously. SEE RESOLUTION 94-13. 6. Update on senior citizen center remodeling. Consideration of increasing proiect budget from $15.000 to $22.000. Gary Anderson, Building Official, outlined the scope of the remodeling project proposed by the Lions Club. He noted that the materials needed to support the volunteer efforts of the Lions Club in completing the remodeling amounts to $23,000. After discussion, a motion was made by Shirley Anderson and seconded by Patty Olsen to increase the funding for the senior center remodeling from $15,000 to $23,000. Motion carried unanimously. Rick Wolfsteller, City Administrator, noted that this is not a budgeted item and asked if the City should increase the tax levy next year to pay for this expenditure. It was the consensus of Council to draw from existing capital funds to pay for this improvement. Page 3 C� Council Minutes - 4/25/94 Consideration of approval of plans and specifications for phase II of the Monticello Public Works facility and authorization to advertise for bids. Bill Zerfas of OSM reviewed final design changes made by the building committee and described the scope of the project in detail. Brad Fyle noted that one of the goals of the committee was to tie the facility together in order to improve efficiency of operations. After discussion, a motion was made by Patty Olsen and seconded by Clint Herbst to approve the plans and specifications as submitted. Motion carried unanimously. 8. Consideration of selecting a development proposal and authorize negotiation of a development agreement - Outlot A, Country Club Manor. Assistant Administrator O'Neill reviewed a summary of the attributes of the two proposals to purchase Outlot A of Country Club Manor. In his presentation, he noted that both companies are reputable. The Hornig proposal comes with a higher price for the land, the structures will have more 3 -bedroom units, which will result in a higher population and a higher tax value. The Shelter proposal, on the other hand, will result in a lower population for the area and calls for a significant investment in the neighborhood park, which would be dedicated to the City. The park investment offsets the lower price offered for the land. Laura Maser, representing the neighborhood group, outlined specific reasons why they supported the Hornig proposal as follows: 1. The outer structure and appearance of the Hornig proposal was superior. 2. The tenant mix would be better. 3. The floor plan of the Hornig development was superior. 4. Several of the neighbors stated that they would not mind having a structure like the one Hornig is currently building on 7th Street next to them. 5. Finally, Maser noted that the neighborhood group she has worked with liked the layout of the overall site. Page 4 C -D Council Minutes - 4/25/94 Brad Fyle noted that either one of the developments would be fine. The Hornig development has a slightly higher amenity level. Overall, the value to the City under each proposal is close. Clint Herbst noted he was happy to hear from the neighborhood that the Hornig development is favored. Herbst noted his favor over that plan as well. Patty Olsen noted that the price of the land offered along with the value of the park improvements makes the Shelter offer superior to the Hornig proposal. Fyle noted that over time, the higher taxes paid by Hornig will offset the difference. After discussion, a motion was made by Clint Herbst and seconded by Shirley Anderson to authorize City staff to negotiate a development agreement with Hornig Companies on the sale and development of Outlot A of Country Club Manor. Voting in favor of the motion: Brad Fyle, Clint Herbst, Shirley Anderson. Opposed: Patty Olsen. Consideration of adoption of the City of Monticello Emalovee Safety Manual. John Simola, Public Works Director, reported that in order to comply with Minnesota Rules, Chapter 5206, in regard to Employee Right -To -Know Standards of the Minnesota Workplace Accident and Injury Reduction Act and the Federal Occupational Safety and Health Act; and in order to provide a safe workplace, City staff initiated implementation of a more comprehensive safety program, which includes development of a comprehensive employee safety manual. Simola went on to note the process followed in development of the safety manual, which included input from a safety committee made up of a cross- section of City employees. Clint Herbst noted that the City should be careful not to go overboard on safety procedures so as to reduce efficiency of work. He also indicated his concern regarding the proposal to identify a City employee as a Safety Coordinator. Perhaps it would be better to have each department head simply be responsible for implementing the safety manual. Shirley Anderson concurred that we should avoid appointing a Safety Coordinator. The work of implementing the manual should be up to each department head. Page 5 �2� Council Minutes - 4/25/94 After discussion, a motion was made by Shirley Anderson and seconded by Clint Herbst to table adoption of the safety manual pending adjustments to the manual that would streamline certain rules and reorganize organization and implementation of the manual by eliminating the role of the Safety Coordinator and by giving Safety Coordinator duties to department heads. Motion carried unanimously. 10. Consideration of replacing emergency generator transfer switch at the City's underground water reservoir in the industrial park. John Simola, Public Works Director, reported that during a monthly operational test the transfer switch in the reservoir building failed and needs to be replaced. The City currently has one quote from Olson Electric for a heavy duty T -Geneva bolt switch. The Olson Electric quote is $3,980 for parts and labor. After discussion, a motion was made by Clint Herbst and seconded by Patty Olsen to request that City staff obtain one more quote for the emergency generator transfer switch at the City's underground water reservoir. Staff is authorized to proceed utilizing the company that provides the lower responsible quote. Motion carried unanimously. 11. Consideration of Arbor Day oroclamation and observance for Friday, April 29. 1994. After discussion, a motion was made by Clint Herbst and seconded by Patty Olsen W proclaim Friday, April 29, 1994, as Arbor Day. Motion carried unanimously. 12. Consideration of setting a workshop for the oumose of reviewing City staffing needs and discussing City priorities. Rick Wolfsteller, City Administrator, requested that the City Council establish a date for a workshop with staff members to discuss future staffing needs and how staffing relates to goals and priorities that the City Council would like to see established. After a recent staff meeting, it became very apparent that there are a number of staffing deficiencies that currently exist within various departments. Wolfsteller stated that it would be beneficial for the City department heads and staff to meet with the City Council in an informal session so that everyone is aware of the problems we are experiencing keeping up with the workload due to our community's growth and expansion. Page 6 D -, Council Minutes - 4/25/94 Council discussion focused on building inspection needs. Wolfsteller noted that due to the number of permits issued, permit fees are in excess of expenses in the building inspection department. O'Neill noted that the excessive workload for the building inspector has become unmanageable. It was the consensus of City Council to authorize City staff to provide alternatives for addressing the needs in the building inspection department, and Council set the date for a workshop for May 23 at 5 p.m. 13. Consideration of reviewing concepts for development of a storm sewer funding oroeram. Assistant Administrator O'Neill outlined preliminary concepts for development of a trunk storm sewer funding program. In his presentation, he reviewed the numerous areas where trunk storm sewer will need to be installed in the next 15 years. In his presentation, he outlined problems associated with our current funding program in providing the full funding needs, and he outlined potential solutions which included a proposal to develop a trunk storm sewer access charge. Under the trunk storm sewer funding program, it would be the objective of the program to utilize a combination of assessment revenue and access charges to fund a major portion of trunk storm sewer development cost. General taxes or general obligation bonding would also be used when sufficient assessment or access charges are not available to fund the full cost of each individual project. Under the proposal, an access charge would be established which would roughly equal the total cost per acre to provide trunk storm sewer on a city- wide basis. The access charge when applied to individual parcels would be calculated based on land area benefit and the type of land use. This means that land use types that have more hard surfaces and, therefore, generate more storm water run-off such as industrial land will pay more per acre than residential land. The formula establishing the charge could be adjusted over time for inflation and other factors. One factor could include the extent to which Council would like to allow general taxes to help pay for trunk storm sewer expenses. The access charge would be calculated based on the total amount of land encumbered in conjunction with a development project. For instance, the access charge for an industrial development that occupies only 2 acres of a 5 -acre site would he required to pay an access charge based on the 5 acres since eventually the total 5 -acre site would be developed. Finally, the access charge could he reduced for individual properties, or access charge credits could be provided to landowners that provide land or storm sewer Page 7 Council Minutes - 4/25/94 facilities serving an area outside of the landowner's development site. Finally, the access charge would be paid when a building permit is issued. O'Neill noted that access charges are common in other communities. After discussion, a motion was made by Clint Herbst and seconded by Patty Olsen to authorize City staff to proceed toward implementation of the storm sewer funding program as proposed. Motion carried unanimously. 14. Consideration of bills for the month of Aoril. After discussion, a motion was made by Shirley Anderson and seconded by Patty Olsen to approve the bills as submitted. Jeff ONeill Assistant Administrator Page 8 01Z Council Agenda - 5/9/94 s. Consideration of offer to ourchase 7th Street remnant aarcel--Land Proiects Partnership. (R.W.) A. REFERENCE AND BACKGROUND: In January 1993, the City Council had agreed in principal to offer for sale to Land Projects Partnership a parcel of property located at the intersection of Locust and 7th Street across from Kmart. This property was offered to Land Projects at a price of $17,000, which was to reflect a reduction in an appraisal that the City had obtained allowing for potential soil correction and the installation of sanitary sewer and water services. Land Projects Partnership was the owner of adjacent property north of this 7th Street parcel. Because of the additional expense that would he needed to put in sanitary sewer and water services to this property, Land Projects had counter -offered at $13,W0. While the City staff has had a couple of conversations with George Phillips, along with Dale and Jim Lungwitz, of Lund Projects Partnership, we have not been able to reach an agreeable compromise for presenting to the Council until now. While I think everybody agrees the best use of this property would be to combine it with the property owned by Land Projects, it appears that an acceptable offer is being proposed by Land Projects that myself and the Public Works Director feel is appropriate. Land Projects would he agreeahle to paying $18,000 for the 7th Street remnant provided the City installs two sanitary sewer stubs at the intersection of Locust and 7th Street. These two sanitary sewer stubs would be available to the entire I -acre parcel and would allow the property to he subdivided in the future if development warrants. It is anticipated that the City's cost to construct the two sanitary sewer services would he approximately $2,500, including street repairs, as we will be able to install the services at the same tune a water line is being looped in this area. The net result is that the City would he receiving approximately $15,500 for this 10,000 sq A. parcel. In Lill reality, I believe this is the bestuse of the property by combining it with the adjacent parcel and getting it hack on the tax rolls. Ii, ALTERNATIVE ACTIONS: If the Council is in agreement with the proposed purchase price of $18,000 with the City installing two sanitary sewer stubs, the staff will proceed with it public hearing for the vacation of this 7th Street remnant parcel. Since the property is a platted street right-of-way, an official public hearing needs to he held on the vacation before the property can be sold. 2. Do not, accept the offer proposed. Council Agenda - 5/9/94 STAFF RECOMMENDATION: It is the recommendation of the Administrator and Public Works Director that the offer be accepted in the amount of $18,000 with the City providing two sanitary sewer stubs. With the water main being installed in the near future by the Hornig townhouse development in this area, the cost of providing sewer services should be very reasonable and is not estimated to exceed $2,500. The result is that the City would be obtaining $15,500 for this parcel, which we think is a fair price. The property by itself will be difficult to develop due to its limited size; and overall, I think everyone feels it would be better suited to be attached to the adjacent property. SUPPORTING DATA: Copy of Council minutes of U25/93; Map depicting area in question. yup? Council Minutes - 1/25/93 Consideration of new offer from Georee Phillins and Land Proiects Partnership reeardine the sale of 7th Street remnant aarcel. Council was asked to consider a new offer to purchase the 7th Street remnant parcel submitted by Land Projects Partnership. The Partnership has increased their offer from $8,000 to $13,500 in response to the City's proposal to sell the property for $17,000. O'Neill noted that subsequent to the new offer made by the Land Projects Partnership, representives of Monticello Insurance Agency indicated that they were interested in paying the City its asking price ($17,000) for the property. Bruce Gagnelius, representing Monticello Insurance Agency, voiced his interest in the property but noted his concern that the property may not be developable as he had originally thought. Due to its small size, he may need to purchase a portion of the Land Projects Partnership property to the north. In addition, he has received quotes on the cost to bring fill onto the site and has found that the quotes are higher than expected. It was his concern that the deductions that the City has made on the appraised value for soil corrections do not accurately reflect the actual cost to correct the soils. Ken Maus noted that the City's asking price is based on the appraised value minus the cost to make the property developable. If it is found that the cost to correct the soils is higher than expected, then the price should be adjusted accordingly. After discussion, a motion was made by Clint Herbst and seconded by Shirley Anderson to otter the property for sale to the Land Projects Partnership in the amount of $17,000; however, (lie price can be reduced if it is determined that the added cost to make the property developable exceeds original City estimates. The potential buyers are responsible for demonstrating tnat the actual cost to correct the site exceeds original City estimates. Motion carried unanimously. �.:- \sir«!-".=5•-'.. ':•- r�' •^'-''� _, 1p 1� ^''`r .!Far C.'�.��.'� ,� t +T• ' i i . n. ... •__ � ._ —_ r`F� jos `r,51 47 _ t V�►* ; t�` ;'-5> ` i ..na adr.:1� �� ��fi��r�' tK 1" !... ''�, . ' ""�` � r '. t X15 a; �' ? . ��•►'�..• �y �•S �' •g. `�� i�+L�j r; S .� .y'.t. "� .'�>;.. a %'�;, ,ff ����y��! d r�.-t;� r;+.�,� t. ' _ � ',, t •: /. � 1. [ �, �' i`a� t !'� rrf );ij• tf • ♦','fit Ftp:. CjUtl`�r w[ �i '.� • �`{�Sa*h1Y•1 ,' G`,-�,�a' Ali. d l �� t.. "�` �a� !� `� = � 1 .' �'p — �- ,` I _� � gyp, t' „`r. Ii 2 � A } �aC�C- 1 J 'P; l I i� 1� / � Y i, ¢ A , ? ,,,,., � � � a- r, � , � / �� � % ,�a J � : `a� e ""-��+w .. �""�-�� I J a � / �'`�„ -� / �_ I �.,., ,,� .:..�., �,a,��. — ------___ _.� / / `" �' ,� � '� �_... - -��� ��� ,a��4 y�r Council Agenda - 5/9/94 Public hearing on phase IV of the Cardinal Hills public improvement project, and consideration of adopting a resolution accepting bid, awarding contract, and ordering proiect. W.O.) A. REFFRFNCF. AND BACKGROUND City Council is asked to conduct a public hearing on phase IV improvements to the Cardinal Hills residential subdivision, review bids, and consider awarding the contract and ordering the project. Due to the fact that the project includes pathway improvements on School Boulevard and in phase III of the Cardinal Hills subdivision, and due to the fact that there was no petition for the pathway improvements and a portion of the cost of the improvements will be assessed to benefiting property owners (School District, Value Plus Homes), it is necessary to conduct a public hearing on this aspect of the improvement project. As was noted when the plans and specifications were ordered, pathway improvements are proposed to he extended through phase III of the Cardinal Hills subdivision in a manner connecting phase IV to School Boulevard. The pathway proposed will be extended along side lot lines affecting six parcels. The owners of the six parcels un which lite pathway will he placed have been notified of the public improvement. Unfortunately, at this time, the City has not obtained an easement allowing it portion of the pathway to be extended across Lot H, Block `l, of phase 111. This casement should have been provided to Clic City by the developer before the property was sold. City staff will be working with the developer to try to obtain an easement from the new property owner between now and the time that the improvements need to he made. In the event the casement cannot be obtained, Lite City can either place the entire pathway un the casement on the property next dour or delete this portion of the pathway from the project. It is my understanding that the property owner wits aware of the presence of Chis p:ilhwtiy prior to purchasing the property. At this time, 1 nm not aware that the property owner would resist signing the easement that would allow us to place the pathway tit this location; however, there is it possibility that. the property owner nuiy hold nut.. If this is Lite case, City staff will be seeking funds from the developer vin the development agreement to pay the property owner for the pathway easement rights. It. ALTERNATIVE ACTIONS Motion to adopt the resolution accepting bid, awarding contract, and ordering the project. Council Agenda - 5/9/94 Motion to deny adoption of the resolution accepting bid, awarding contract, and ordering the project. C. STAFF RECOMMENDATION The bid opening for the project is on Friday morning. A hand-written copy of the bid tabulation is provided in your packet. A complete and fmal summary of the bid tabulation will be presented at the meeting with a recommendation to he provided accordingly. D. SUPPORTING DATA Copy of resolution for adoption; Copy of hand-written bid tabulation BID TABULATION FOR GRADING, STREETS, UTILITIES AND APPURTENANT WORK CARDINAL HILLS 4TH ADDITION CITY PROJECT NO. 94VC FOR THE CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA BIDS OPENED: 10:00 A.M. ORR-SCHELEN-MAYERON May 8, 1994 & ASSOCIATES, INC. I CONTRACTOR BID SECURITY TOTAL BID ARCON CONSTRUCTION B&D UNDERGROUND `I I BARBAROSSA & SONS. INC. BITUMINOUS CONSULTING & CONTRACTING BROWN & CRIS, INC. 6.7. 6o f'. £30 BURSCHVILLE CONSTRUCTION -bJ`tI Z9 2 C. W. HOULE I INLAND UTILITY CONSTRUCTION KADLEC EXCAVATING OF MORA /0 S l 1. 75 `y i LANDWEHR CONSTRUCTION r>CI71 "57, Z5 LATOUR CONSTRUCTION �J L( q 71 I, Z 5 NODLAND CONSTRUCTION CO., INC. NORTHDALE CONSTRUCTION 6,515 cr, q, zS I R. P. UTILITIES, INC. I R. L LARSON REDSTONE CONSTRUCTION RICHARD KNUTSON, INC. I S. J. LOUIS CONSTRUCTION 5 �7 o8u, U, l� S. R. WEIDEMA 5� - - I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT TABULATION OF THE BIDS AS RECEIVED ON: DATE: May 8, 1994 Y. OSM Project No. 4992.40 •Do"oe Corroded Nure aL; 7Y a.twutv+riamu '. i Ul r L E Council Agenda - 5/9/94 7. Consideration of adopting development agreement and consideration of approval of final plat - Phase IV. Cardinal Hills residential subdivision. W.O.) A. REFERENCE AND BACKGROUND City Council is asked to consider adoption of the development agreement and consider approving the final plat of phase IV of the Cardinal Hills residential subdivision. As of the writing of this memo, City staff has not seen the final plat; however, we have been in contact with Dennis Taylor regarding the details of the plat and believe that we am review it quickly and give our opinion as to whether or not it should be approved at the meeting on the 9th. In terms of the development agreement, the agreement is very similar to the agreements approved with the previous three phases; therefore, a copy has not been included in your packet. There has been it slight increase in the development agreement for park dedication fees. The increase is due to the general increase in the value of raw land for residential development. Phases I through 111 established it land value for the purposes of establishing the park dedication fee at $2,000 per acre. The development agreement for phase IV proposes it fee based on a land value of $2,100 per acre. City Council may wish to discuss this aspect of the development agreement further and determine whether or not the land value proposed is proper. The developers argue that establishing a land value higher than $2,100 for the purpose of calculating park dedication fees is not fair because it's their development and their investments that have increased the value of phases IV and V. They feel they should not be penalized for creating this additional value. It is their view that on a city-wide basis, the value of raw land for residential purposes has not increased dramatically; therefore, their fee should reflect the general value of residential land, not the value of their specific site. If Council is not satisfied that $2,100 per acre is a valid market value for phase IV, then they should attempt to negotiate a higher value with the developer or seek an appraiser to establish what the value of phase IV is. Under the development. agreementas currently written, the developer will pay IWA of the raw land value 1$2,11101 for phase IV 125.26 acres), which yields it park dedication fee of $6,:104. Al it previous meeting, Clint Herbst suggested that the City give consideration to providing these funds (a the School District to assist Lhe District in development of recreational facilities at the school property. It is Council Agenda - 5/9/94 recommended that at this time this issue be placed on the Parks Commission agenda for review, with a recommendation to the City Council to follow. B. ALTERNATIVE ACTIONS 1. Motion to adopt or modify and adopt the development agreement and approve the final plat of phase N of the Cardinal Hills residential subdivision. Approval of the development agreement is subject to final review by the City Attorney. 2. Motion to deny adoption of the development agreement and final plat of phase IV of the Cardinal Hills residential subdivision. C. STAFF RECOMMENDATION: Staff recommends approval of the development agreement and final plat assuming that the City Council and developer can come to an agreement regarding park dedication fees. Please note that the actual signing of the plat and development agreement will not be completed until such time that the financial guarantees outlined in the agreement are submitted to the City. Similarly, the contract for the public improvements will not be signed until the plat and development agreements are executed. D. SUPPORTING DATA: Development agreement is available for review upon request Council Agenda - 5/9/94 e. Consideration of a resolution declaring intent to reimburse Droiect costs through a future bond sale - Proiect 94-01C. (R.W.) A. REFERENCE AND BACKGROUND Assuming that the bids were acceptable and the Council has awarded a contract for improvements to Cardinal Hills 4th Addition, the City Council should consider adopting the resolution stating that it may reimburse itself through a bond sale in the future. New IRS regulations require that this official resolution be adopted if any expenditures are made for engineering or construction prior to the actual bond being sold. From a financial standpoint, there is not an immediate need by the City to proceed with a bond sale prior to the actual work commencing within Cardinal Hills 4th Addition. The City does have sufficient cash flow funds available to pay for some of the engineering costs before we would need to involve Springsted, Inc., in selling a bond for this project. It should he noted that the City has up to if year after it project is completed to sell a bond if it wishes to reimburse itself for any of the costs associated with the project. This one-year time period is available if the City Council adopts the resolution. Since it is more cost effective to incorporate a number of improvement projects into one bond issue, the Council may want to wait un authorizing a bond sale for the Cardinal Hills project until we are certain as to what time table we may he hLioking Lit for the Meadow Oak storm sewer improvement and/or whether the City continues developing the Eastwood plat. If the Meadow Oak storm sewer outlet project is commenced yet this year, the project cost will likely he around $280,000 to $300,0110, which could he Lidded to it Iwnd sale involving the Cardinal Hills 4th Addition. Likewise, the City has not yet reimbursed itself for the cost of the Hart Boulevard storm sewer project, and we could also include this cost in a future bond sale. Since we can sell an improvement bond anytime within one year after completing it project, the timing will depend on whether other projects are on line to he constructed or depending on cash flow needs of the City. B. ALTERNATIVE ACTIONS The first alternative would he to adopt the resolution indicating an intent to reimburse ourselves through it future hoed stile for the Cardinal Hills, phase IV, improvement project. Council Agenda - 5/9/94 Adopting this resolution does not require the City to sell a bond, only that it may do so in the future if it desires or finds the need to reimburse itself within one year after project completion. Without adopting this resolution, the City does not have the ability to sell a bond to reimburse itself for any costs it incurred prior to the date of the bond sale. 2. Do not adopt the resolution. The only reason you would adopt this option is if you have no intent of selling a bond in the future to reimburse yourselves for any costs associated with the Cardinal Hills 4th Addition project. C. STAFF RECOMMENDATION In order to comply with the new IRS regulations, it is my recommendation that the resolution Ix, adopted allowing the City to sell a bond in the future if it desires. Again, this resolution does not require the City to sell a bond, it only allows us to do so and reimburse ourselves for all costs associated with this project. Due to the project size, it probably will be necessary later on to sell a bond to pay for the $700,000 project cost. D. SUPPORTING DATA Copy of resolution. RESOLUTION 84 - RESOLUTION RELATING TO FINANCING.OI CERTAIN PROPOSED PROJECTS TO BE UNDERTAKEN BY THE CITY OF MONTICELLO ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE BE rr RESOLVED by the City Cuuncil (Lite "Council') of the City of Monticello, Minnesota, (tile "City") as fullows: Recitals. (a) The Internal Revenue Service has issued Section 1.1():1-18 of the Income Tax Itegulatio ns (the' Regulations") dealing with the issuance of bonds, all or it portion of the proceeds of which are Ut be used to reimburse the City for project expenditures ivade by the City prior to the date of issuance. (b) The Regulations generally require that the City make it prior declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of a subsequently issued burrowing, that tine borrowing occur and the reimbursement allocation be made from the proceeds of sueh borrowing within one year of the payment of the expenditure or, if lunger, within one year of the dale the project is placed in service, and that the expenditure be a capital expenditure. (c) The City desires to comply with requiremeoLs of the Regulations with respect to certain projects herehiafler identified. 2. Official Intent Ueclaratiou. (a) The City proposes to undertake the following projects described un Exhibit A attached hereto. (b) Other than (i) expenditures to he paid or reimbursed from sources other than a borrowing, us- (ii) expenditure~ permitted to he reimbursed Pursuant to the Lransition provision of Section 1.10:1-18(1)(2) of the Itegulitt.ions, or (iii 1 expenditures constituting preliminary expenditures as defined in Section 1.10:1-18(i)121 of plc Regulations, no expenditures for the fiireguiog projects as identified on Exhibit A have heretofore been ,,little by the Ci(y and nu expenditures will lie made by the City until after the date of this Itesolut.ion. Resolution 94 - Page 2 (c) 'file City ruasooably exp0cts to reimburse the expxniditures made for costs of the designated projects out of the proceeds of debt (tile "Bonds") to he incurred by the City after the (late of payment of all or a portion of the costs. All reimbursed expenditures shad) he capital expenditures as defined ill Section 1.1510-1(h) of Lite Regulations. (d) This declaration is a declaration of official iuteiit adopted pursuauht to Section 1.103-18 of the Regulations. Budgetary Matters. As of the date hereof, there are no City funds reserved, allocated oil it long-term basis, or otherwise set aside (or reasonably expected LO be reserved, allocated oil a long-term basis, or otherwise set aside) to provide pennanent financing for file expenditures related to file projects, other than pursuant to the issuallce of the Rands. This resolution, therefore, is determined to be cohlsistent with Lire City's budgetary and financial circumstarces as they exist or are reasom)bly foreseeable oil the date hereof, all within the meaning and content of Lite Regulations. h'ilin:<. This resulutiuu shall he filed witiun :10 days of its uduptiuu in the publicly available oflicial hooks and records of the City. This resolution shall fie available for ilaspectiou at the olfice of cite City Clerk at the City hall (which is the aalin adoliuistrative office of Ow City) during nornud business hours of the City on every business day until tile dale of issuance of the Maids. Reimbursement Allocat.initti. The Cil,y's fimulciiil ollicer shall be responsible fur malting the "reimbursenact it, illlucatiuns** described in 1.110 Regulations, being generally the transfer of Lite appropriate onto lit. of proceeds of tike Bonds to reimburse Lite source of temporary financing used by the City to make payment of the prior costs of I,he projects. f;ncll allocation shall he evidenced by an entry ill the official hooks anti records of cite City maintained fur Lite Roads, shall specifically idelicify the actual prior expcudiLure being reimbursed or, in the case of reimbursement of it fund or accomic ill accordance with Section 1.103.18, the frond ur account from which tile expenditure will; paid, told shall Ire eflective to relieve Lite proceeds of the Builds from any rescrict.ion under the 1)1)11(1 resolution of other releviolt, legal docullietics for Lite Bonds, and dotter any applicable stale stattice, which would apply tit file unspent proceeds of the lfunds. Adopted this 9th day of May, 11M, Mayor City Administrator (J , a Resolution 94 - Page 3 EXHIBIT A Proiect Descriution Estimated Cost to be Reimbursed From Bond Proceeds Sanitary sewer, water main, storm sewer, $691,700 bituminous streets, curb & gutter, & appurtenant work within Cardinal Hills 4th Addition - Project 94 -OIC Council Agenda - 5/9/94 Consideration of arantina a conditional use permit allowing minor auto reuair and allowin¢ outside storage in a B•3 (hiahwav business) zone. Aoulicant. Jerrv's Towin¢ Service/Milton Olson. (J.O.) REFERENCE AND BACKGROUND: For the sake of efficiency, 1 have provided a copy of the Planning Commission agenda item for your review. Please note that the Planning Commission recommended approval of the conditional nse permit as requested under alternative #il. Please note, however, that there was some concern regarding the semi -trailer truck currently parked on site. Under the conditional use permit as proposed, the semi -trailer truck would be allowed to be kept on site as long as it's stored within the screened -in area. At the same time, however, the Planning Commission was concerned that allowing semi -trailer trucks to he used as storage areas in the B-3 zone was not a good idea and that the City should take action to adjust the ordinance to limit this type of accessory use in the B-3 zone in the future. As you know, there are dental offices, medical offices, restaurants, etc., in the B-3 zone. The Planning Commission wants to make sure that the B-3 ordinance regulations governing outside storage, including use of semi -trailer trucks, are strict enough to protect B-3 neighborhoods that would include medical offices, dental offices, restaurants, etc. In the case of the Milton Olson property, it was felt that under our present ordinance, a semi -trailer truck parked in an enclosed screening area meets code; therefore, the conditional use permit was not denied. The focus of future Planning Commission efforts will he to examine the current ordinance and perhaps introduce new language establishing stricter controls governing outside storage. SUPPORTING DATA: Copy of report and data provided to the Planning Commission at the meeting of May 3, 1994. Planning Commission Agenda - 5/3/94 Public Hearina--Consideration of grantine conditional use permits allow*ina a minor auto repair and towing operation and allowine associated outside storage in a B-3 (highway business) zone. Anolicant. Jerrv's TowinWMilton Olson. (J.O.) A. REFERENCE AND BACKGROUND: This application is being made in conjunction with the recent occupancy of the Milton Olson structure by Jerry's Towing Service. As you recall, Jerry's Towing occupied and began operation in the facility without obtaining a conditional use permit. The applicant is now catching up by completing the process at this time. The site plan presented to you is consistent with the requirements of the city ordinance. There are a few issues, however, that the Planning Commission should be aware of. 1. The plan does not show a curb line extending along the southern perimeter of the parking lot. It is obvious that a curb has not been proposed for this area because future expansion of the building would likely result in extension of the parking lot in a fashion that would require that the curb be removed. In addition, the curb is not necessary to control drainage on site. On the other hand, the curb would provide an important function, and that is to reduce parking off the paved areas. As an alternative to installing the curb at this time, Planning Commission may wish to consider requiring installation of a temporary split rail fence that could be extended as outlined on the attached site plan. 2. The area designated for outside storage does not exceed the maximum allowable outside storage area if the area encompassed by the trees in the interior of the storage area is deducted from the square footage calculation. It was the view of City staff that it would be reasonable to allow the area encompassed by the trees to be deducted from the total square footage encompassed by the screening fence. The alternative to this would be to cut down the trees and reduce the outside storage area accordingly. According to Jerry from Jerry's Auto, the storage area for inoperable or towed vehicles needing to be secured is sufficient to address his business needs. According to Jerry, four to six vehicles will likely be parked outside when being readied for service or immediately after Planning Commission Agenda - 5/3/94 service, and there is room to store an additional four vehicles inside. Obviously, the major concern that City staff has is the possibility that vehicles stored on site will proliferate. As you can see, if you visit the site there is a large area outside the storage area and south of the parking lot that can be used for outside storage of vehicles. We are concerned that the availability of storage space will result in a proliferation of vehicles stored on site and will generally become an enforcement headache. At the same time, however, the City cannot obstruct or deny a conditional use permit based on a fear that the zoning ordinance will not be followed once the conditional use permit is approved; therefore, the City is somewhat obligated to issue the conditional use permit. If the developer or operator indicates a willingness to abide by the ordinance, the City is obligated to approve it. B. ALTERNATIVE ACTIONS: Motion to approve the conditional use permit allowing minor auto repair and outside storage in a B-3 zone subject to conditions as outlined in the ordinance and subject to completion of site improvements as identified in the site plan. Motion to approve the conditional use permit is based on the finding that the operation of the site as proposed is consistent with the zoning ordinance, consistent with the comprehensive plan, and consistent with the geography and character of the B-3 district. Under this alternative, Jerry's Towing operation can operate legally, and Milton Olson's facility achieves code compliance through installation of landscaping and outside screening of storage areas. As a modification of this alternative, Plaitning Conunission may wish to identify the number of cars that could be allowed to be stored on a short-term basis outside of the screening fence at any one time. This would provide City staff with its cue regarding enforcement. If the storage of vehicles outside the screening fence exceeds the number allowed by the Planning Commission, then appropriate enforcement action can be taken. In establishing a maximum number of cars allowed to be stored outside, Planning Commission should take into account the purpose of the B-3 zone and note the other types of uses that are allowed in this district. The number of cars allowed outside should be large enough to provide the operator with flexibility in the operation of the business but small enough to assure maintenance of adjoining property values. 10 �9 Planning Commission Agenda - 5/3/94 Motion to deny conditional use permit allowing minor auto repair and outside storage in a B-3 zone. Under this alternative, the Planning Commission could make a finding that the operation as proposed is not consistent with the character and geography of the B-3 zone. This alternative is not defensible in a court of law due to the fact that minor auto body and outside storage are allowed in a B-3 zone. If the operators are willing to abide by all conditions associated with the use requested, then the City is obligated to approve the conditional use permit. C. STAFF RECOMMENDATION: Staff recommends alternative #1. We also recommend that a split rail fence or temporary parking delineator of some kind be installed along the southern boundary of the parking lot. In addition, we recommend that the Planning Commission indicate how many cars it feels should be parked on a short-term basis outside at any one time being readied for service, etc. It is our view that the number of cars parked outside associated with Jerry's Towing should not exceed six operable vehicles. D. SUPPORTING DATA: Copy of site plan; Copy of zoning ordinance excerpts identifying minor auto repair operation conditions and outside storage conditions. 10. All signing and informational or visual communication devices shall be in compliance with Chapter 3, Section 9, of this ordinance. 11. Provisions are made to control and reduce noise. 12. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. (C) MOTOR FUEL STATION, MOTOR FUEL STATION/ CONVENIENCE {jam STORE, AUTO REPAIR -MINOR, AND TIRE AND BATTERY STORES �1 AND SERVICE PROVIDED THAT: 1. Regardless of whether the dispensing, sale, or offering for sale of motor fuels and/or oil incidental to the conduct of the use or business, 1 „ the standards and requirements imposed by this \(/ ordinance for motor fuel stations shall apply. These standards and requirements are, however, in addition to other requirements which are imposed for other uses of the property. 2. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. 3. The entire site other than that taken up by a building, structure, or plantings shall be surfaced with a material to control dust and drainage which is subject to the approval of the City Engineer. 4. A minimum lot area of twenty-two thousand five hundred (22,500) square feet and minimum lot dimensions of one hundred fifty (150) feet by one hundred thirty (130) feet. 5. A drainage system subject to the approval of the City Engineer shall be installed. 6. A curb not less than slx (6) inches above grade shall separate the public sidewalk from motor vehicle service areas. 7. The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right-of-way and shall be in compliance with Chapter 3, Section 2 (H), of this ordinance. B. wherever fuel pumps are to be installed, pump islands shall be installed. 4 MONTICELLO ZONING ORDINANCE 13/4 9. At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Chapter 3, Section 7 [G], of this ordinance. 10. Each light standard landscaped. 11. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with Chapter 3, Section 2 (G], of this ordinance. 12. Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with Chapter 3, Section 5, of this ordinance, and shall be subject to the approval of the City Engineer. 13. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Chapter 3, Section 9, of this ordinance. 14. Provisions are made to control and reduce noise. 15. No outside storage except as allowed in compliance with Chapter 13, Section 4, of this ordinance. 16. Sale of products other than those specifically mentioned in Chapter 13, Section 4, be subject to a conditional use permit and be in compliance with Chapter 13, Section 4 [F], of this ordinance. 17. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions. 1.8. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. [0] New and used automobile/light truck sales and display provided that: 1. The enclosed principal use (sales and display office) is a minimum of 4,500 square feet, excluding the area used for mechanical repair and reconditioning. 2. Outside sales and display areas are fenced or screened from view of neighboring residential uses or an abutting "R" district in compliance with Chapter 3, Section 2 [G), of this ordinance. MONTICELLO ZONING ORDINANCE 3. All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences, and shall be in compliance with Chapter 3, Section 2 [H], of this ordinance. 4. The outside sales and display area shall be hard surfaced. 5. The outside sales and display area does not utilize parking spaces which are required for conformance with this ordinance. 6. Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with Chapter 3, Section 5, of this ordinance, and shall be subject to the approval of the City Engineer. 7. There is a minimum lot area of twenty-two thousand five hundred (22,500) square feet and minimum lot dimensions of one hundred fifty (150) feet by one hundred thirty (130) feet. B. A drainage system subject to the approval of the City Engineer shall be installed. 9. All signing shall bei in compliance with Chapter 3, Section 9, of this ordinance. 10. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. 1� (EJ Open and outdoor storage as a principal or accessory use �G provided that: 1. The area is fenced and screened from view of neighboring residential uses or if abutting an "R" district in compliance with Chapter 3, Section 2 (GJ, of this ordinance. 2. Storage is screened from view from the public right-of-way in compliance with Chapter 3, Section 2 (G), of this ordinance. 3. Storage area is grassed or surfaced to control dust. 4. All lighting shall be hooded and so directed that the light source shall not be visible from the right-of-way or from neighboring residences and shall be in compliance with Chapter 3, Section 2 (H), of this ordinance. 5. Does not take up perking space as required for conformity to this ordinance. 9 MONTICELLO ZONING ORDINANCE 13/6 • rrG(IS -T Service -/Mlle on DVSok, r :fir � � �� •'` r — _' � � I ��, ;4 - +AI or ILL oc� --_ .,AR V'N 'll IlMlal.rsll lV:!!a—� '��•y. LTl rY.[I �P6rY� ,r.l � •_ ,�1J��.f�r,f arum � Y• I!•I r3'.YI Wf IGrL An/U rr.• .+ IYw . II.—RIf111..p I r. �.p.t Council Agenda - 5/9/94 to. Consideration of Emmerich/Klein rezoning/cromnrehensive nlan amendment request. (J.O.) A. REFERENCE AND 13ACKGROUND This is an item in which Council has some familiarity. As you recall, at the joint meeting conducted on March 30, 1994, the proposal was reviewed and considerable discussion ensued. Subsequent to the meeting on the 30th, the Planning Commission conducted a public hearing on March 4, at which time additional information regarding methods for buffering the impact of industrial land and residential land was reviewed. In addition, the Planning Commission reviewed the current rate of land absorption for the different types of land uses in in effort to determine to what extent it is necessary to preserve the Klein property for industrial land uses. For the sake of efficiency, I am providing Council with a complete copy of all of the information provided to the Planning Commission over the past three months in conjunction with their review. At the upcoming Council meeting, 1 plan on making it short presentation outlining the Planning Commission recommendation in devil, which will include the rationale behind their recommendation. I have also highlighted in the attached supplemental data a summary sheet. Which details the Planning Commission's recommendation. I will also outline it proposal to develop the Klein property for industrial uses. As you may recall, there was it companion proposal submitted by the Planning Commission to rezone the Hoglund and Lundsten property from the present. 11-3 zoning district to industrial. This idea was presented as it way to increase the inventory of marketable industrial land and was originally recommended by a subcommittee of Cho Industrial Development Committee. At the meeting on May 3, the Planning Commission tabled this heal Wilding completion of the trainsporLation study and lending Lill analysis of the impact on the viability of our adult use regulations, which could be impacted by the removal of the Lundsten property from the 1-2 inventory. As you may recall, adult land uses tire allowed only on 1.2 land. There is it concern That if we remove too much inventory fruin the 1-2 category, then adult use operators could claim that there is insufficient opportunity for such uses in the city; therefore, such it use would he able to locate anywhere_ We wantto make sure that, we don't create a potential for this possibility; therefore, al least in the short-term, we would like to leave Clio Lundsten property in the 1.2 category. 10 Council Agenda - 5/9/94 ALTERNATIVE ACTIONS: DECISION 1: EMMERICH REZONING ISSUE A. Motion to adopt. Planning Commission recommendation to accept the rezoning request as submitted based on the finding that the rezoning is consistent with the comprehensive plan, consistent with the character and geography of the area, will not result in depreciation of land values, and there is a demonstrated need for the types of land uses proposed as opposed to the existing zoning, which is currently R-1. B. Motion to deny rezoning request. Under this alternative, the motion to deny or any vote not to approve the rezoning request should be accompanied by a finding identifying specific reasons why the rezoning should not be approved. The findings should relate to the comprehensive plan, character or geography of the area, depreciation of land values, or demonstrated need for the land uses proposed. Under this alternative, the property would remain designated for residential uses. DECISION 2: KLEIN COMPREHENSIVE PLAN SPECIFICATION A. Motion to amend the comprehensive plan as recommended by the Planning Commission by specifically identifying land uses as requested by Klein with the exception that the It -:I uses proposed on the north and west sides of the property he reduced to a 50/50 split between 11-;3 and lt-2 uses. Under this alternative, the City Council accepts the Planning Commission's recommendation. The next step for Klein is to request annexation followed by the formal rezoning process. Klein's property (A when annexed enters the city with an agricultural designation and would subsequently be zoned to match the comprehensive plan designation. 13. Motion to amend the comprehensive plan by identifying industrial and residential land uses in the north 80 acres of the Klein site with residential land uses in the south 80 acres. Under this alternative, it is the view of the City Council that it is wise to preserve the Klein property for industrial and residential uses. According to Klein, under this alternative, he would not seek annexation due to the fact that there is sufficient industrial land I Council Agenda - 5/9/94 available, and, therefore, the market for industrial land is not significant enough to justify his holding costs or warrant a major investment in public utilities at this location. His next action would be to seek approval from the OAA for development of homes on 2 1/2 acre lots. Emmerich has indicated that development of his property under a combination of regional commercial, business campus, and PZM is not feasible without development of the Klein property as proposed. This is due to the filet that School Boulevard needs to be developed in order to serve the commercial area. The industrial zoning of the Klein property will block development of School Boulevard. Therefore, he would seek to maintain the existing K-1 zoning in the event the Klein property plan is not approved. Motion to table the matter. I have been informed that the HRA may consider offering to use available TIF funds to assist with purchasing a portion of the Klein farm or by providing funds necessary to finance the trunk line in exchange for preservation of industrial land ($230,000). Under this concept, the trunk line would be extended through the north half of the Klein properly. The HRA would be paid back over time through payment of the sanitary sewer access charge, which would be paid at the time of development of the Klein property. Staff does not know if Klein is interested in this option. Other considerations under this alternative include: 1. How will necessary improvements to Fallon Avenue be funded that would otherwise be assessed to the north half of the Klein property? Will the HRA/City pick up this cost ($52,0011)? 2. How will the plan impact the timing of development of School Boulevard, and how will it be financed? Will the HRA pity the assessment for the north or industrial side of SLhool Boulevard ($108,0001? 3. The nnlple supply of industrial land results in a long delay in development of the Klein property for such uses. Will Klein be willing or able to sustain the holding costs? 4. Will the HILA pity the cost to extend water main through the north half of the Klein property ($87,000)? 12 Council Agenda - 6/9/94 6. It is estimated by the City Engineer that the total holding coat associated with developing around the north half of the Mein property, including trunk sewer, water main, Fallon Avenue, and School Boulevard, amounts to $477,000. This amount does not include necessary on- site .improvements serving individual lots. Does.the benefit of the increase in industrial land inventory created by leaping utilities over the north half of the Mein farm exceed holding costs associated with paying upfront costs, to extend utilities and improve roadways? DECISION'S: FOLLOW UP In addition to the recommendations on zoning noted above, the Planning Commission listedm numberof important planning tasks that needito be completed in the near future to address concerns voiced by various organizations that have provided input on this matter. The step& noted represent a collection of good ideas that have stemmed from this important discussion. Council is asked to review this list and consider directing staff to follow up on them accordingly. This list includes: EL Complete comprehensive plan update - identity future industrial areas. b. Update zoning district regulations - maintain diversity of industrial land. C. Develop plan for extending utilities through Hoglund site. d. Update district regulations governing development in regional commercial district. C. Require intense berming by ordinance to separate industrial firom residential uses. f. Transportation system design/subdivision design to separate conflicting uses. g. Improve linkages between commercial areas. 1. Improvo tcafic flow on Highway 26 via improved signal iJ timing. dt' 2. Realign Cedar Street to improve land utilization. A �0 3. Pursue development of Fallon Avenue overpass. �i 13 Council Agenda - 5/9/94 A. Motion to authorize staff to begin process of addressing items noted B. Motion to deny authorization to begin process of addressing items noted. C. STAFF RECOMMENDATION For reasons outlined in the supplemental information, City staff, including the City Administrator, Assistant City Administrator, Public Works Director, and City Planner, concur with the recommendation made by the Planning Commission. We also would like to emphasize the importance of adopting the supplemental recomm,.idation made by the Planning Commission outlined under Decision U. This recommendation requires that the City tackle the action items noted under Decision #3 in order to assure the City of a good inventory of marketable industrial land and to assure the City that we are on the right track for long-term development of our industrial areas. It is our view that the proposed zoning configuration and comprehensive plan concepts, along with completion of follow-up items, will result in a well-balanced approach to long-term development of the community. However, the ideas floated by the HRA to preserve the Klein property for industrial uses have not been fully explored with Klein or Emmerich. Perhaps they would be interested in having the item tabled to allow for further discussion of use of TIF funds to preserve industrial land. Plans need to he put in place that allow Monticello to maintain a solid tax base by providing land areas necessary to accommodate future industrial development. It is our view that, residential development, commercial and industrial go hand in hand. The plan proposed by the Planning Commission promotes this balanced approach. SUPPORTING DATA: Complete record of data reviewed by the Planning Commission. 14 PLANNING CUK'l1SSIUl: RF.CUHME1DAI10N - Land use decisions and plan of action 1. Green Area - Emmerich rezoning request (Recommendation - Adopt) 2. Yellow Area - Klein Comprehensive Plan (Recommendation - Adopt) 3. Blue Area - Hoglund/Lundsten rezone (Recommendation - Table for further study) PLAN OF ACTION: 4. a. Complete comprehensive plan update - Identify future industrial areas. b. Update zoning district regulations - Maintain diversity of industrial land. c. Develop plan for extending utilities to Hoglund site. d. Update district regulations governing development in Regional Commercial District. e. Require intense berming by ordinate to separate industrial from residential uses. f. Transportation system design/subdivision design to separate conflicting uses. g. Improve linkages between commercial areas. 1. Improve traffic flow on Hwy 25 via improved signal timing. 2. Re-align Cedar Street to improve land utilization. 3. Pursue development of Fallon Avenue overpass NO -..j A-« T�—r _ �_.'_ • ii._ "�' - - � ! _f"��, -tam w� �-- �1e'- -•� y r..% \ \ I' 1 I j l �� 01 Way AI 6s, ties �,•� � �^-r fr r �,„�- � ; ;4'00 ,`, i ! I (+\\\ �./ i�-� r� )'��;`'+i I:i'giit •r` ,i �-�o � I I `�'y��' i � � �'', ,l !+ )� t "� tit- • Iw 4' . Oa��. ' I.PJ�� 1 �tuluatri8 �� IVhO EXLSTLNC.• INDUSTRIAL ~ 502 Multiple Family f Regional l "`.,guainesa "50% Two Famll� Commerc> tiCaTpus ` I ~ Single family homes lattlu Mnfn School, • Regional t - Regioncinl I * �Chool HoIulavard- - - s' ; -_ .---�- --- Via..' - '�•-+t. �„6q•1 t`tl..,.. t Single family homes -- Performance Zone Multifnm oc l y "'� -” I• ----- - `\ I T- 'r SUPPLY OF LAND REMAINING LYNDER EACH ALTERNATIVE —In Number of Years -- ABSORPTION ACRES SUPPLY REMAINING IN YEARS_ RATES USED Alternative 1 Alternative 2 Alternative 3 Alternative 4 PER PER Original Proposal Proposal Klein/Ind YEAR YEAR Plan w/PC request wo/PC request Alternate R-1 - 60 homes/yr 27 10 7 7 8 2.2 homes/acre (27 acres/yr) R-3 - 35% of R-1 3 9 fib' 7a 9 At 7 units/acre i3.s 13.5 Est 21 units/yr (-N— 4. sal,,,,P (3 acres/yr) R•3 Commercial 5 18 19 27 18 (Planner's Est) (5 acres/yr) Industrial 9 20 28 23 29 (Planner's Est tripled) (9 acres/yr) r✓ �.,i w/Nehru d PL,.:.D " Supply of land In years if all land types developed evenly = 15 years. EMACRES.WK4: 04/01/94 Page 3 CONCREIE PRODUCTS Of NEW LONDON,ING. Phone . (512) 364.2311 CONCRETE OP MORRIS, INC. Ph„m . (619) 569.3700 WADENA READY -MIX Phone - (2161 631.1658 Fax • (6121 783.1678 REI Monticello - Klein Emmerich - Oakwood Industrial Park Expansion I have taken some time to review the prupused (revised) land use concept for the above mentioned property. With the• expansion of ttic Oakwood Industrial park to the south brttween Fallon Avenue and Oakwood the following are my concerns in mining reSioentia) and heavy industrial. I might suggest that lots along Fallon be limited to 1-1 creating a softer transition to the multi family units and the -school zona to Lho east. ThLi proposed now Stratet running from Dundas to Oakwuod myy alleviate some traffic congestion on Fallon and Chelsea. However, t would or, very vehement as to how that road would be funded. It is my belief that all property owners in the current Oakwood Industrial Park purchnned lots with roads and sewer/water InSLAIled. to n'9sess those properties or any property owners in this park would bo groSFly unfair when they do not need these roads Lo servyce their facillLies. lheso same properties hnve already been assessed an additional amount. of money to bring the roads up to the LO tun designation. Now roads to Serve new M S P TRANSPORT, INC. Q EA Phnne • (8 12) 293-3122 Moto-(Gl2l332-4740 ffy Fe. -(a 12)a322366 Would SQrVe Or, at ALEXANDRIA CONCRETE CO. (east, on an allvalarem Prone • (111,2) 763-40 00 M e P TRANSPORT. INC. Fe. • (111 2) 7834670 Mont i ell lo, MEMORANDUM 101 Jeff O'Neill FROM; Jay Morrell DATE: May 3, 1444 CONCREIE PRODUCTS Of NEW LONDON,ING. Phone . (512) 364.2311 CONCRETE OP MORRIS, INC. Ph„m . (619) 569.3700 WADENA READY -MIX Phone - (2161 631.1658 Fax • (6121 783.1678 REI Monticello - Klein Emmerich - Oakwood Industrial Park Expansion I have taken some time to review the prupused (revised) land use concept for the above mentioned property. With the• expansion of ttic Oakwood Industrial park to the south brttween Fallon Avenue and Oakwood the following are my concerns in mining reSioentia) and heavy industrial. I might suggest that lots along Fallon be limited to 1-1 creating a softer transition to the multi family units and the -school zona to Lho east. ThLi proposed now Stratet running from Dundas to Oakwuod myy alleviate some traffic congestion on Fallon and Chelsea. However, t would or, very vehement as to how that road would be funded. It is my belief that all property owners in the current Oakwood Industrial Park purchnned lots with roads and sewer/water InSLAIled. to n'9sess those properties or any property owners in this park would bo groSFly unfair when they do not need these roads Lo servyce their facillLies. lheso same properties hnve already been assessed an additional amount. of money to bring the roads up to the LO tun designation. Now roads to Serve new propertle-s should be paid for by the develut'ler, the properties the road -s Would SQrVe Or, at the very (east, on an allvalarem aseossment for the entire City pf Mont i ell lo, 0/q M i P tRANVOpT. WC. AUUNOANI C01194"I CO. WA01NA RWY-MIX 0110 111 PR00(1CT10F CONCRIiF or MORRt. NIW LONDON, INC. P,0 Flo. 177 P,O, 00. 660 P 0. 0o. 86 f 7660 Hwy. 23 t4 F.. 1200 Padho A"" ,.....,,­ uu 2.M2 A1e.4144, MN 611x66 W66ens. MN ON82 NO* Landon, MN 66273 Moab, 414 60."1, 11 & P TP-"f4SPC,RT 61233223k.e P. 4.13 Jeff O'Neill Page Two May 3, 1994 Jurt as an observation I would make a comment that one would be concerned as to the planning along 14ighay 25 and the amount of traffic that is dumped on Highway 25 which could nac9saitate additional stop lights, turning lanes and so forth to handle the potential traffic conditions. If you have any further questions please dt) not hesitate to contact me at your convenience. Sincerely, J. Ct Morrell M & P Transport, Inc. JLMtj0 Planning Commission Agenda - 5/3/94 4. Public Hearing Continued --Consideration of the Emmerich/lGein rezoning and comprehensive Dian amendment reauest. and consideration of the Hoglund/Lundsten rezoning. (J.O.) A. REFERENCE AND BACKGROUND: At the previous meeting, Planning Commission was provided additional information which outlined the impact of various land use development patterns for the subject area. The presentation was geared to address questions pertaining to proper land use transitions and concerns regarding maintenance of industrial land inventory. In the presentation, a video was provided which showed examples of how the City of New Hope has made transitions between industrial and residential land. An inventory of available land by type of use was provided, which provided rough projections as to available supply in terms of years remaining by type of land use. The purpose of this presentation is to give you information not already presented at the previous meeting and to add clarity to the discussion by reducing alternatives. NEW INFORMATION At the previous meeting, Planning Commission acted to table the matter further and requested that staff follow-up the New Hope video by contacting New Hope City Hall with specific questions regarding the effectiveness of the berming shown in the video. Questions to be asked include the following: Are property values for residential property negatively impacted by proximity to industry? Do industries report problems with trespassing? Are multi -family vacancy rates impacted? Etc. A report on this issue as compiled by Northwest consultants will be provided at the meeting. Also as follow-up to the last meeting, I asked Northwest Consultants to prepare a land use configuration that would preserve additional industrial land on the north half of the Klein site. A sketch plan showing this alternative along with a report is also provided for your review. B. ALTERNATIVE ACTIONS DECISION 1: Emmerich Rezoning Request A. Motion to adopt or modify and adopt the zoning map amendment request based on the finding that the rezoning is consistent with the 9a �J Planning Commission Agenda - 5/3/94 comprehensive plan, consistent with the character and geography of the area, will not result in a depreciation in land values, and there is a demonstrated need for the types of land uses proposed. B. Motion to deny the zoning map amendment request. DECISION 2: Klein Comprehensive Plan Amendments A. Motion to amend the comprehensive plan by specifically identifying acceptable land uses as requested by Klein. Under this alternative, the Planning Commission is satisfied with the land use plan as proposed. The next step for Klein is to request annexation followed by a rezoning process. Klein's property, when annexed, enters the city with the AG designation and must subsequently be zoned to match the comp plan designation. B. Motion to amend the comprehensive plan by identifying industrial and residential land uses in the north 80 acres of the Klein site. DECISION 3: Hoglund/Lundsten Rezone A. Motion to adopt or modify and adopt the zoning map amendment request based on the finding that the rezoning is consistent with the comprehensive plan, consistent with the character and geography of the area, will not result in a depreciation in land values, and there is a demonstrated need for the types of land uses proposed. B. Motion to deny the zoning map amendment request. Under this alternative, Planning Commission could decide to defer any decisions on this matter until road system development needs are better understood. As noted earlier, it is possible that Chelsea Road could be extended slung the northern boundary of the rezone, site which would provide improved access, thus making the site a better candidate for B-3 zoning. In addition, in order to control where adult uses locate, the City must provide a percentage of available land (1-2) for such uses. The Lundsten property, with its 1.2 designation, provides a place for adult uses some distance from residential uses. If the City provides only a very small Planning Commission Agenda - 5/3/94 supply of land available for adult land uses, then it could be accused of excluding adult uses, which could be used as a justification for an adult use locating in another section of the city. Reasons for supportine the Emmerich/Mein proposal. or alternatives 1. A. and 2. A- a. Land inventory - sufficient industrial land currently within the city is available to handle short- and medium-term needs (1-15 years). Land is available within the township to address long- term needs. Plan for new interchange in 15 to 20 years on NW side of community. b. Proper transition for industrial and residential land uses can be achieved. Isolation of 1-2 area can be achieved through berming and separation of residential and industrial traffic. C. A district to serve regional commercial enterprises needs to be established to allow Monticello to compete with other communities. d. Land use configuration will encourage timely and economical development of Fallon Avenue and School Boulevard. Congestion and unacceptable mixing of industrial and residential traffic is occurring at various locations. In addition, Fallon Avenue needs to be widened. This alternative matches current land use demand and will, therefore, result in development of roadways at a quicker pace. e. The Kjellberg property is better suited for commercial use than residential use due to pipeline and powerline easements. Reasons for supporting alternatives 1. B. and 2. B. a. Land in the city is finite. Industrial land should he preserved when possible to assure long-term solid tax base. b There are no guarantees that !and in township could be zoned or developed for industrial use in the long-term future. C. The City should consider sharing utility extension expenses through future industrial areas in order to protect industrial land inventory. 5C Cie) Planning Commission Agenda - 5/3/94 C. STAFF RECOMMENDATION Staff supports the Emmerich/Klein plan; however, we agree that strong steps are needed to develop industrial land in the city and to preserve potential industrial land outside of the city. The steps proposed are outlined on the attached area map. Staff recommends that the Hoglund/Lundsten rezoning question be tabled or denied pending completion of the transportation study and completion of the comprehensive plan. D. SUPPORTING DATA Recommendations: HRA, IDC, Chamber of Commerce; Area map outlining Planner's recommendation; Planners comments - New Hope berming efforts, to be provided at the meeting; Planners comments/map - North Klein industrial; Draft infrastructure plan; Excerpts from comprehensive plan. MAY— 2— 9 A M O N 1 7_ 1 2 0 P . E 2 Northwest Associated Consultants, Inc. ICj URBAN PLANNING • O H S 1 0 N• MARKET R e 8 1 A R C N MEMORANDUM TO: Jeff O'Neill FROM: Alan Brixiue DATE: 2 May 1994 RE: Monticello - Industrial Screening FILE NO: 191.07 • 94.02 An per your request, we have contacted Kirk McDonald, Assistant City Administrator and Doug Sandstad, City Building Inspector of the City of New Hope and interviewed them regarding industrial residential land use screening. Specifically, four sites were discussed. General Comments New Hope staff prefaced their responses with the following comments: 1. The City is an older coaaaunity. The City deals with newer development and in-place expansion with stricter screening standards now than may have originally been applied. Through the City's growth experience, the City has learned what to effective with regard to screening. 2. Effective land use transition and compatible land use patterns deal with more than screening. Setbacks, building orientation, limitation on outside activity areas in combination with screening provide the most effective transition between industrial and residential properties. 3. Continued code enforcement of noise standards and property maintenance is also necessary as the industrial site ages and equipment nay not operate as effectively as when it was new. 34 M6N 1 7: 1 3 O P- L1 Creamettes The Creamettes facility is located on 36th Avenue in New Hope. The site abuts single family housing on the east and multiple family to the southeast. over the years, this facility has generated complaints with regard to truck traffic, noise from rooftop equipment and pasta odors. Over the past ten years Creamettes has expanded a number of times. With each expansion, the City has attempted to reduce the impact on .adjacent residents. • The replacement of rooftop equipment has resolved noise issues in summer months. • Re -orientation of the loading dock to the south of the building and extensive screening has reduced traffic and noise complaints. • Extensive screening along the east property line has reduced site aesthetic concerns. The City still receives an occasion complaint, however, the past improvements have been effective. Emerald Pointe Apartments Emerald Pointe Apartments is located at 36th Street in New Hope. This apartment complex abuts industrial on the south and east and commercial to the went. This apartment complex was developed after the industrial park. Site design was important to avoid compatibility concerns. • The buildings are setback from the industrial and commercial land uses. Parking and landscape areae are used to provide distance separation. e Scraening in provided along the periphery of the site. • The two apartment buildings are designed to orient the building away from the industrial sites. Only a limited number of apartments have views of the industrial areas. • The apartment recreation area is located in a center court yard screened from the industrial areas by the building and landscaping. 2 _0 M G Y- =-94 M O N 1 7: 1 3 O P . O a The complaints from this complex have been sparse and generally relate to industrial or commercial site appearance for 2nd and 3rd floor apartment tenants. 49th and Wumetka Apartments This area is an older area of the City. The apartment abuts a warehousing facility to the north. While the City has required extensive screening between the two uses, the City has received complaints with regard to truck traffic and noise. The warehouse facility accesses a rail spur to the north. As a result all building truck traffic and access is south of the building along the apartment property. The proximity of the semi -trucks to the apartments has created noise problems for those residents. The City has placed restrictions on truck use to reduce the noise problems. The building inspector relates the land use issues in this. area to building orientation and the size of the industrial site. 5M Street Townhoum The townhomes located on 30th Street and winnecke abut industrial to the north. The industrial land was developed after the townhomes. In the industrial site development the following design items were emphasized: • Large setback from residential area. • Extensive screening and berming along the south property line to screen the residential areas. • Building orientation to reduce activity concerns. The Building Inspector indicated that currently no complaints have been recieved. However, peat complaints included noise from trucks at night and odors. The noise problems were resolved by change of building tenants. The odor problem was corrected through the required replacement of a facility incinerator. 6�, M L1Y- 2-94 MON 17:14 0 condusion P . 03 New Hope has a limited supply of vacant land. As such, they are particularly sensitive to any new construction, building alteration or expansion. They stress quality in all aspects of site design and the City's Design and Review Committee is particularly effective in its application of screening, landscaping and building appearance regulations. 0 rANINorthwest Associated Consultants, Inc. CU R B A N PLANNING• D E S 1 6 N• MARKET RESEARCH lYWRMORANLVlel TO: Jeff O'Neill FROM: Stephen Grittman DATE: 27 April 1994 RE: Monticello - Klein Emmerich - Oakwood Industrial Park Expansion FILE NO: 191.07 - 94.02 Enclosed is the conceptual expansion of the Oakwood Industrial Park. The access pointe are from Dundas and Oakwood Drive (County Rd. 118). The westerly access road from Dundas would be optional, and in fact, may not provide any substantive benefit. Buffering would be an issue on the east boundary with the school (along Fallon Avenue), as well as the transition between the industrial and the Multiple Family. We have tried to make sure that the traffic patterns are not mixed in an effort to preserve the value of School Boulevard. However, this necessarily results in an additional access street to serve the multiple family area. This layout would push the Single Family area approximately 1,000 feet further south due to the depth of the Industrial area. The transition between Industrial and Multiple Family is still required. while we still believe that the original plan is more responsive to the realities of the City's future development, the attached layout would be our recommendation if the City determines that the preservation of additional industrial land is the better approach. The memo attached to the plan gives some details to the layout. 5775 Wayzata Blvd. • Suite 555 - St. Louis Park, MN 55416 • (612) 595.9636•Fax. 595-9837,01) 95.983 \ /OJ MEMORANDUM TO: Stephen Grittman FROM: Bob Kirmis DATE: 26 April 1994 RE: Monticello - Klein/Emmerich Mixed Use Concept (Chelsea Area) FILE NO: 191.07 - 94.02 Attached please find an alternative concept plan for development of the Klein property located south of the Oakwood Industrial Park and west of Fallon Avenue. The alternative is intended to make an allowance for additional industrial land use in the area. As shown on the attached concept plan, a southern expansion of the industrial park has been proposed with new lots being serviced by an internal loop street from Oakwood Drive and Dundas Road. In total, an additional 52.6 acres of industrial land have been proposed. Lots within the expansion area range from 2.8 to 6.4 acres in size. To be noted is that southerly street extensions into the industrial expansion area would overlay existing platted property within Block 3 of the industrial park. Thus, a resubdivision will be necessary to accommodate the extensions. Directly south of the industrial park expansion area, approximately 35 acres of multiple family residential development has been proposed. Such a use is intended to provide a logical transition in land use between industrial development to the north and low density rosidential development to the couch. Multiple family use would be provided access from an interior loop street from School Street. Such street overlays an existing United Power Association easement. Directly south of School Street, approximately 61 acres of low density residential development has been proposed. If you have any questions or comments regarding this material, please advise. 60) r - i PROPOSED LAND USES M LOW DENSITY RESIDENTIAL ® MULTIPLE FAMILY RESIDENTIAL 0 INDUSTRIAL wo�rw mmm NEW STREET V n 800'