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City Council Agenda Packet 06-12-1995AGENDA REGULAR MEETING - MONTICELLO C1TY COUNCIL. Monday, Jame 12,1998.7 p m. Mayor:Brad Fyle Council Members: Shirley Anderson, Clint Herbst, Brian Stumpf, Tom Perrault Call to order. 2. Approval of minutes of the special meeting held May 22, and the regular meeting held May 22, 1998. 3. Consideration of adding items to the agenda. A.. Consideration to adopt a resolution calling for a public hearing on the proposed modification of the Redevelopment Plan for Redevelopment Project No. 1, the TIF Plane for TIF District Nos. l-1 through 1-18, and the TIF Plan for TIF District No. 1.19. B. Consideration to adopt a resolution approving the Private Redevelopment Contract among the HRA, the City, and Presbyterian Homes and the Subordination Agreement between the HRA, the City, and the Trustee. C. Consideration of final plat approval of the Pinehurst residential subdivision. Applicant, Eugene Bauer. �• fiu���} -Tfli[i( Julil-aje llp4,,4l 4. Citizens cornmenta/petitions, requests, and complaints. 8. Public Hearing --Consideration of a resolution authorizing the issuance of housing revenue bonds for the Mississippi Shores Senior Housing project. 8. Consideration of reconsidering approving the issuance of a gambling license to the Minnesota License Beverage Association Children's Fund - Joyner Lanes. 7. Consideration of a request for a parking stall and driveway design conditional use permit. Applicant, Ray Schmidt. 8. Consideration of a request for a conditional use permit which would allow outside storage in an I.1 zone. Applicant, Ray Schmidt. 9. Consideration of a conditions) use permit which would allow expansion of an ambulance garage. Applicant, Monticello -Big Lake Hospital District. Agenda Monticello City Council June 12, 1995 Page 2 10. Consideration of a request for rezoning from PZM (performance zone mixed) to B-4 (general business). Applicant. Riverstreet Station. 11. Consideration of a request for a conditional use permit to allow open and outdoor sales from a wagon or cart. Applicant, Riverstreet Station. 12. Consideration of an update to a conditional use permit allowing outside sales. Applicant, Dave Peterson. 13. Consideration of accepting 1894 audit report for the City of Monticello. 14. Consideration of an ordinance amendment regarding clear water entry into the sanitary sewer system. 15. Consideration of adopting a policy for accepting and processing subdivision applications. 18. Consideration of approving annual renewal of municipal liquor licenses. 17. Consideration of a resolution approving the issuance of a gambling license renewal for the VFW Club. 18. Consideration of adopting a resolution supporting membership in a newly- established ewlyestablished Local Government Nuclear Waste Coalition for the purpose of encouraging the development of an interim spent feel storage facility. 18. Consideration of authorizing advertisement for bids for sealcoating project. 20. Consideration of purchase of flow monitor equipment. 21. Adjournment. MINUTES SPECIAL MKC11NG - MONTICELLO Cr1rY COUNCIL Monday. May 22,1995 - 5 p.m. Members Present: Brad Fyle, Shirley Anderson, Climt Herbst, Brian Stumpf, Tom Perrault Members Absent: None A special meeting of the City Council was held for the purpose of interviewing the following four engineering consultant firms for the vvaetewater treatment plant expansion project. Short Elliott Hendrickson Inc. (SEH), SEH was represented by John Stodola, Bob Stark, and Kurt Mayer. John Stodola noted that SEH is very experienced and would be able to meet Monticello's required time table for construction. They have an excellent working relationship with the Minnesota Pollution Control Agency, would provide continuous open communication during the project, and can help the City obtain financial assistance. Bob Stark suggested that the City consider am oxidation ditch process rather than duplicating the present system as referenced in the facilities plan, as the oxidation ditch process could reduce construction cost for the immediate project and long-term future expansions. The oxidation ditch process offers many advantages over the present treatment system such as: 1) providing a high level of nitrification, which will meet more stringent effluent requirements, 2) a longer detention time and can easily handle bigh loads, 3) drastically reducing pumping requirements, which reduces operation cost. and 4) allowing for cost-effective, organized plant expansions. Stark also suggested the following changes to the facilities plan: 1) installation of static fine screens in lieu of a new interim primary clarifier to remove solids, 2) converting existing intermediate clarifiers to chlorine contact basins in lieu of construction of an additional chlorine contact basin, 3) converting the existing anaerobic digesters to aerobic digesters, and 4) converting the two existing final clarifiers and two existing aeration basins into sludge storage. It was noted by John Stodola that they would amend the existing facilities plan to include the suggested changes rather than rewrite the entire plan. Public Works Director John Simola asked whether converting the anaerobic digesters to aerobic would result in more or less odors, and would the final sludge product be more or less treated. John Stodola stated that aerobic digesters will not create additional odors, and the suggested treatment would result in class B sludge. Page 1 0 Special Council Minutes - 6/22!88 TKDA was represented by Dave Kirkwold, Bob Callery, and Duane Prow. Dave Kirkwold stated that it was their view that the current fatalities plan was too costly for a city of Monticello's size and suggested that the City consider either an oxidation ditch process or a trickling filter/solids contact process. Kirkwold explained that an oxidation ditch system would be comprised of two new primary clarifiers, two oxidation ditches, and two new final clarifiers, which would be constructed off line and would be hooked up when construction was complete. This system would reduce the number of pumps needed to operate the plant. He also noted that it may be possible to use the current aeration basins and clarifiers as sludge storage tanks. Bob Callery explained that another alternative is the trickling filter/solids contact process, which minimizes the amount of activated sludge process. There would be no need for additional aeration tanks, and it would have the ongoing benefit of not having to expend energy to aerate the water. Callery also noted that an oversight was made when preparing the proposal, and engineering costs would need to be added. It was also noted that the existing facilities plan would be amended by TKDA to incorporate the necessary changes. Public Works Director John Simola asked what type of sludge would be produced with each alternative, and if the process would be anaerobic or aerobic. Dave Kirkwold stated that the anaerobic digester process would be utilized, and the sludge would be similar to what is currently produced. Countalmember Anderson asked if TKDA's proposal included the coat to add odor control. Kirkwold responded that the cast to construct odor controls would need to be added to each alternative. Simola questioned whether either process suggested by TKDA would lead to easier odor control, especially in light of the egg processing facility located in town. Kirkwold noted that the possibility for emissions is most prevalent in the primary clarifier and that the trickling filter/oxidation ditch would be comparable to the current treatment; however, construction of a small aeration basin for the primary clarifier could be studied to help control odor. Pelle 2 0 Special Council Minutes - 6/27/85 HDR Eneineering. Inc. HDR was represented by Bob Peplin, Kurt Sparks, and Scott Wallace. Bob Peplin noted that HDR has sufficient experience to stay on budget and stay on schedule for this project. It was also noted that they have an 85% ratio on return customers, indicating that customers have been happy with the work completed by HDR in the past. Poplin suggested that the City consider two additional alternatives to that suggested in the facilities plan: 1) an oxidation ditch process, or 2) sequencing batch reactors (sbr). These alternatives would result in a better plant for less money, would require only 6 pumps versus the 60 pumps needed with the current plant, and would result in the ability to construct the new addition while continuing to use the current plant. These alternatives would also simply future expansion and would provide the ability to use common -wall construction to help minimize the cost of future development. Peplin noted that the total cost of the project should be between $6 million and $7 million, including odor controls, which calculates to $2-$3 per gallon versus the present $6.60 per gallon at the current facility. Peplin went on to explain that the system suggested by HDR would upgrade the sludge from class B to class A, which is pathogen free and would eliminate the City having to search for land application sites. The class A sludge can be disposed of as a fertilizer in ways such as selling to a farm coop or bagging it and distributing to city residents. Scott Wallace proposed that the City use the sequencing batch reactor (ebr) process, which could be sized for 4 mgd and beyond. He explained that a new lift station would be constructed at the head of the plant, and the wastewater would then enter the sbr process. The wastewater enters the tanks, is aerated, then aeration is turned off and the tanks settle, which acts as a clarifier. The flow is cycled between the tanks. This process combines much of the current process into four tanks. The wastewater then goes through the final disinfection process and is discharged to the river. As the city grows, only an additional treatment basin is added. Wallace also noted that the existing tankage could be reused to avoid the cost of additional tank construction. Kurt Sparks reported that the proposed treatment facility will most new and future permit regulations and that nitrogen and phosphorus removal facilities can be added as required. Bob Poplin noted that the oxidation ditch system is a good process that could also be used; however, the disadvantage is that it requires a large amount of concrete and could be up to two times the size of the sbr process. Page 3 1 Special Council Minutes - 6!22/'88 John Simola asked what treatment is proposed to achieve the proposed class A sludge. It was noted by HDR that some plants use aerobic treatment and others use lime to achieve the class A sludge. Simola also asked whether the sbr units could adapt to increased nutrient limits. Scott Wallace replied that the sbr process is good for nutrient removal because the aeration equipment can be sized to oxidize the ammonia to nitrate. RCM/OSM was represented by Sam Claassen, Ed DeLaForest, Larry Anderson, and Charlie Weerts. Sam Claassen noted that the RCM/OSM team prepared the facilities plan for the City of Monticello and that there may be some minor updates to make to the plan. He encouraged the City to consider joint solids handling with the City of Buffalo as a solution to the City's difficulty in finding land for sludge application. Buffalo is considering lime stabilization and composting with Wright County. Claassen also noted that, although the facilities plan is based on achieving class B sludge, it may be in the best interest of the City to consider class A sludge, and RCM/OSM would be willing to explore other alternatives to those suggested in the facilities plan. Claassen also suggested that the City undertake an odor control study and that constructing the project in phases would be the most cost-effective way to expand the treatment plant. Kelsie McGuire of PSG commented that other firms have presented alternatives to the fiidlities plan and asked if RCM/OSM had considered the sbr process or an oxidation ditch process. Larry Anderson responded by stating that they were not convinced that the sbr process would meet the 10 mgl BOD standard with high strength waste entering the plant. He also noted that it was their view an oxidation ditch system would not be cost- effective for the Monticello plant due to the site being located on a hilletde. At the conclusion of the presentations by the four engineering firms, the meeting was adjourned. Karen Doty Office Manager Pepe 4 hUNITPES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, May 88,1995. 7 p.m. Members Present: Brad Fyle, Shirley Anderson, Clint Herbst, Brian Stumpf, Tom Perrault Members Absent: None Conaideretion of ap *ping minutes of he respilar meetingalh d Ma3E 8.1495. and tie =6nnj joint men 'ngheldMay IS- 1995 AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY TOM PERRAULT TO APPROVE THE MINUTES OF THE REGULAR MEETING HELD MAY 8,1895, AS WRITTEN. Motion carried unanimously. A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY TOM PERRAULT TO APPROVE THE MINUTES OF THE SPECIAL JOINT MEETING HELD MAY 15, 1995, AS WRITTEN. Motion carried unanimously. Co aiddpratinn of adding items to the aoonda ]Economic Development Director 011ie Koropchak reported that the MA members and Councilmembers Clint Herbst and Tom Perrault interviewed Mr. Roger Cartoon for the HRA seat vacated by the retirement of Ben Smith. Following the interview, the HRA elected not to readvertise for the vacated seat and unanimously approved recommending that Council appoint Mr. Carlson to the HRA. She noted that it is Carlson intent to resign fk-om the Parks Commission upon appointment to the HRA. AFTER DISCUSSION, A MOTION WAS MADE BY SMRLEY ANDERSON AND SECONDED BY TOM PERRAULT TO APPOINT ROGER CARLSON TO THE HRA. Motion carried unanimously. Public Works Director John Simola reported that at the May 8 Council meeting, staff presented information regarding the possible purchase of a 1 -tan bucket truck that would serve as a bucket truck and as transportation within the parka and street departments: however. Council restricted the budget to 810,000 for purchase of a 1 -ton bucket truck, and any proposed purchase beyond $10,000 would Page 1 CA) Council Minutes - 6N2M require Council approval. Simola noted that two trucks have been found, one in Kansas City for $10,500, and one in South Bend, Indiana, for $12,500. Staff has also learned that Wright Hennepin Electric will have a well -used 1 -ton truck for auction or bids in the near future. It was staffs recommendation that Council increase the allowable expenditure to $15,000 in order to find a truck that is in good serviceable condition and is safe. After discussion, a motion was made by Shirley Anderson and seconded by Tom Perrault to approve an expenditure of up to $15,000 without Council approval to purchase a 1 -ton bucket truck. Voting in favor: Shirley Anderson, Tom Perrault. Opposed: Brad Fyle, Brian Stumpf, Clint Herbst. Motion failed. After discussion, it was the consensus of Council to authorize staff to bid on the used 1 -ton truck owned by Wright Hennepin Electric. City Administrator Rick Wolfsteller reported that the Minnesota License Beverage Association (MLBA) Children's Fund is requesting approval from the City for operating a pull -tab gambling operation at Joyner Lanes. The MLBA Children's Fund is a charitable organization based out of Minneapolis that contributes funds to various organizations related to youth activities. He noted that in the past, the Monticello Jaycees have run the pull -tab operation at Joyner Lanes; however, Joyner Lanes has now decided to allow the MLBA Children's Fund to operate pull -tabs in their facility. AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY SHIRLEY ANDERSON TO DENY ADOPTION OF THE RESOLUTION SUPPORTING THE APPLICATION FOR A GAMBLING LICENSE. It was Council's view that gambling licenses should be operated by local organizations to ensure that profits are put back into the local community. Voting in flavor. Brad Fyle, Shirley Anderson, Clint Herbst, Brian Stumpf. Abstaining: Tom Perrault, as he is a current member of the Monticello Jaycees. 11111'l e o ,- f "J 07 ` f c .i D. Canaidpratinn of apyro�g a la of tax-forfeitad and_ nareala hn tba Cnunue ALditor. City Administrator Wol&teller reported that the Wright County Auditor's office is preparing for a public auction sale of tax -forfeited parcels for nonpayment of property taxes. The County is asking for Page 2 D --L Council Minutes - 5!22/95 the City's approval to proceed with a public auction on Lot 10, Block 3, Hoglund Addition, which was originally tax -forfeited in 1992 but was not sold at that time. He noted that the County also requested verification of the outstanding special assessments in the amount of $9,537.35 remaining unpaid against this lot. This figure has been verified by the City Administrator. AFTER DISCUSSION, A MOTION WAS MADE BY SHMLEY ANDERSON AND SECONDED BY BRIAN STUMPF TO ADOPT A RESOLUTION APPROVING LOT 10, BLOCK 3, HOGLUND ADDITION, TO BE SOLD AT PUBLIC AUCTION BY THE WRIGHT COUNTY AUDITOR'S OFFICE AND VFJW?YMG THAT THE SPECIAL ASSESSMENTS OUTSTANDING AGAINST THIS PARCEL AMOUNT TO $9,637.35. Motion carried ++mar . usly. SEE RESOLUTION 95-39. City Administrator Wolfsteller reported that due to a shortage of equity needed to allow the senior housing project to continue, Presbyterian Homes, in conjunction with the Wedum Foundation, plans to inject $160,000 into the Mississippi Shores senior housing project, which appears to be the most feasible way of continuing the project. It is the intent of the Monticello Senior Housing Alliance to purchase the project Brom Presbyterian HomeslWedum Affordable Housing Group after five years if the project is still viable. In order for Presbyterian Homes to develop the project privately, some of the past resolutions regarding the housing program adoption and the City's agreement to issue revenue bonds will need to be modified if the Council is supportive of the new entity owning the project. At this time, Council is asked to adopt a resolution calling for a public hearing to be held June 12, 1996. During discussion, Council expressed concerns regarding the numerous changes in the project and regarding the City's name appearing on bonds sold for a privately -developed project; however, it was their view that additional information regarding the status of the project could be provided to the Council by Pcosbyterim Homes at the public hearing. AFTER DISCUSSION, A MOTION WAS MADE BY CUNT HERBST AND SECONDED BY BRIAN STUMPF TO ADOPT A RESOLT.MON CALLING FOR A PUBLIC HEARING FOR JUNE 1% 1995, REGARDING MODIFYING THE HOUSING PROGRAM AND FOR ISSUANCE OF REVENUE BONDS Page 3 9 Council Minutes - 5/22/96 TO A NEW NON-PROFIT ORGANIZATION. Motion Carried unanimously. SEE RESOLUTION 95-34. A. Ms. Iris Peter, owner of parcel 4155-046-001060, requested that Council lower the estimated market value of her property fi^om the proposed $130,000 to $115,000, which is the price paid for the home when purchased in September 1994. She stated she would not be able to sell the home for $130,000 if on the market today. City Assessor Jerry Kramber noted that the valuation of properties along the golf course and the river were adjusted this year to more accurately reflect the market value, and the property in question is located on the golf course. It was his view that the $130,000 value is in line with other properties in the area. He also noted that several items were missed this year such as a porch that has been enclosed and finished and two additional porches, which will be added to the value nen, year. After discussion, a motion was made by Shirley to reduce the 1996 market value of parcel 0155-046-001060 to $120,000. It was her view that the valuation should reflect the price at which property will sell. Motion failed for lack of a second. AFTER FURTHER DISCUSSION, A MOTION WAS MADE BY BRIAN SCUMPF AND SECONDED BY BRAD FYLE TO LEAVE THE ESTIMATED MARKET VALUE AT $130,000 FOR PARCEL 0165.040-001060 AS RECOMMENDED BY THE CITY ASSESSOR. Voting in favor. Brian Stumpf, Brad Fyle, Clint Herbst, Tom Perrault. Opposed: Shirley Anderson. Ms. Peter was informed that she may appeal the Council's decision to the Wright County Board of Equalization. City Assessor Jerry Kramber was present to report the following findings after re-evaluating a number of parcels discussed at the Board of Review meeting held on May 4, 1995. 165-035-004040 Wayne Spicer 1995 EMV: $77,200 Reduced to $70,700 166-059.002110 Barbara Hamilton 1995 ENV: $90,900 Reduced to $87,400 Page 4 O Council Minutes - 5/22(95 155-0354004120 Tom Holthaus 1995 EMV: $97,500 No change 165-048-003010 Kathleen Klemz 1995 EMV: $159,000 No change 166-020-001020 Robert Walks 1995 EMV: $132,500 No change 165-500-123300 Robert Jameson 1995 EMV: $78,400 Reduced to $46,500 166-059-003060 1995 EMV: $79,900 165-010-052031 1995 EMV: $179,300 155-010-052070 1995 EMV: $18,100 166-010-052090 1995 EMV: $77,200 155.010-052131 1995 EMV: $28,000 165-010-009080 1995 EMV: $101,600 Tom Rowen No change Steve Johnson Reduced to $168,000 Steve Johnson No change Steve Johnson No change Steve Johnson No change Marvin Arvideon No change 165.048-001060 his Peter 1995 EMV: $130,000 No change (reviewed by Council under citizens comments) 155-500.182101 Gary Host 1995 EMV: $92,300 Reduced to $88,100 AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERSST AND SECONDED BY TOM MtRAULT TO ACCEPT THE RECOMMENDATIONS OF THE CITY ASSESSOR FOR THE ESTIMATED MARKET VALUES OF THOSE PROPERTIES THAT WERE RE-EVALUATED. Motion carried unanimously. Page 5 D --;l. Council Minutes - 5/22/95 Building Official Gary Anderson reported that Gene Bauer is requesting preliminary plat approval to construct two three -unit townhouse buildings on four platted lots, along with a conditional use permit which would allow two three -unit townhomes to be constructed in an R-2 district. The request as submitted to the Planning Commission also included a variance to the requirement that driveways be located 3 ft from the side yard property line. As a result of the discussion at the Planning Commission meeting, the applicant modified the site plan eliminating the need for the variance. Anderson went on to note that the Planning Commission recommended that the preliminary plat and conditional use permit be approved based on the finding that the preliminary plat and conditional use permit will result in a development that is consistent with the character of the area and consistent with the purpose and intent of the R-2 zoning district. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY CLINT HERBST TO APPROVE THE PRELIMINARY PLAT OF THE PINEHURST RESIDENTIAL SUBDIVISION BASED ON THE FINDING THAT IT IS CONSISTENT WITH THE CHARACTER OF THE AREA. Motion carried unanimously. A MOTION WAS MADE BY SHIM" ANDERSON AND SECONDED BY CLINT HERBST TO APPROVE THE CONDITIONAL USE PERMIT ALLOWING TWO THREE -UNIT TOWNHOMES IN AN R-2 DISTRICT CONTINGENT ON THE FOLLOWING CONDITIONS: A revised site plan is submitted indicating the distance between the intersection and the curb cut of any driveway in excess of 40 ft, as well as compliance with the 3 -ft setback for driveways from side property lines. A grading/drainage plan is submitted which indicates drainage patterns and grading necessary to divert surUaoe water runoff away from the townhouse structure(s). A landscape plan is submitted which indicates the trees on site being preserved, as well as any additional landscape improvements associated with the townhouse prgf eud.. Page 6 OL Council Minutes - 5122/95 The connection of public utilities is found to be acceptable by the City Engineer and appropriate to the City's service capacities. The applicant establishes a Property Owners Association for the primary purpose of maintaining the property's common spaces. Motion carried unanimously. Jerry Shannon of Springsted, Inc., the City's financial consultant, reported that eight bids were received on May 22 for the sale of $3,890,000 in G.O. improvement bonds for various city improvements. The low bidder was Norwest Investment Services, Inc1FBS Investment Services, Inc. with an interest rate of 4.9647% and net interest cost of $1,119,735.83. It was Shannon's recommendation that Council award the bid to the low bidder. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY TOM PERRAULT TO ADOPT A RESOLUTION ACCEPTING THE BIDS AND AWARDING THE SALE OF 53,890,000 IN 0.0. IMpROVEMOENT BONDS TO NORWEST INVESTMENT SERVICES, INCJFBS INVESTMENT SERVICES, INC., AT AN INTEREST RATE OF 4.9647%. Motion carried unanimously. SEE RESOLUTION 95-35. f :nnaideratinn of approving c ontm t wit} Ancien RnvironmAntal - I RE I &ud)L Public Works Director John Simola reported that, as directed by Council at the last meeting, City staff has negotiated a contract with Craig Anderson of Buchen Environmental for development of an inflow and infiltration reduction program, The project outline induded program development at a cost of $3,500; public relations and education program, $7,000; inspections at $42.50 each (minimum of 300 inspections); administration of inspection program appointments, $3,000; and report, $4,000. Simola also reported that a letter had been received from Visu-Sewer of St. Louis Park, Minnesota, stating that they would like to submit a proposal for the sump pump inspection project; however, it was noted that, after checking references, Buchen Environmental was the best firm for the program. The City Engineer supported Simola's recommendation, noting that many cities use quality -based selection rather than selection by price alone. Page 7 (9 Council Minutes - 6/22/95 Rick Lymer of Visu-Sewer requested that Council allow them to submit a proposal and noted that he could provide additional references. Council discussed whether the I & I study needed to begin immediately or could wait for additional proposals. Simola stated that it was just recently discovered after development of the treatment plant facilities plan that it is vital to obtain the I & I information for designing the wastewater treatment plant expansion. He noted that if the I & I study is delayed, the treatment plant will likely need to be designed for a larger capacity than if the flow of clean water to the system can be reduced through the I & I program. Atter discussion, a motion was made by Clint Herbst and seconded by Brian Stumpf to allow additional propoaals to be received on the project. Voting in favor: Clint Herbst, Brian Stumpf. Opposed: Shirley Anderson, Tom Perrault, Brad Fyle. Motion failed. A MOTION WAS MADE BY SWIM ANDERSON AND SECONDED BY TOM PERRAULT TO APPROVE THE AGREEMENT WITH BUCHEN ENVIRONMENTAL SERVICES FOR DEVELOPMENT OF AN I & I REDUCTION PROGRAM. Motion is based on the finding that Buchen Environmental received a favorable recommendation upon checking references. Voting in favor: Shirley Anderson, Tom Perrault, Brad Fyle. Opposed: Brian Stumpf, Clint Herbst. Motion passed. 10. (`onaid ration nfa =Qu at for ad .tie al 6MA to complete driveway and ��rt:ing let hares surfacing . Arnax Storage GIgn Pea mt& Glen Posusta, owner of the Amur Storage facility located south of Dundas Road, requested an extension from the requirement to complete the driveway and parking hard surfacing of his facility by August 1995. Because additional buildings will be constructed in the future, Posusta preferred to hard -surface the driveway area atter construction is complete to avoid possible damage to the hard surfacing. He noted that the hard surfacing will be completed between buildings q2 and 03 this week and between buildings 01 and q2 sometime this summer. It was noted by staff that variances to the hard surfhcing requirement have been approved in the past for areas on which the expansion will occur, but driveway area hard surfacing hes been required. AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY SHIRLEY ANDERSON TO MAINTAIN THE AUGUST 199E DEADLINE FOR THE HARD SURFACING REQUIREMENT, AND P09USTA MAY RETURN TO COUNCIL AT THAT TIME FOR CONSIDERATION OF AN Page 8 0 Council Minutes - 6/22/95 EXTENSION. voting in favor. Clint Herbst, Shirley Anderson, Brad Fyie, Brian Stumpf. Opposed: Tom Perrault. 11. Conaideration of ad antyng VWitima ggIgrning gnntingnffinal oaaipp= ZMMQjf odor o fill] completion of siteimprov men a Assistant Administrator O'Neill reported that the City has had difficulty in the past making sure that site improvements such as grading, driveway improvements, tree installation, and seeding/sodding are completed on a timely basis in residential developments atter allowing occupancy prior to such improvements being completed. The most significant reason for not completing all improvements prior to occupancy is weather; however, he also noted that many home buyers wish to complete site improvements on their own after occupancy. The City has been granting conditional occupancy permits with a notation that certain improvements are not completed, and the mortgage company anti builder have been establishing an escrow fund to assure completion of the improvements; however, often the escrow fund is released by the mortgage company without inspection by a City official, which sometimes results in improper completion of grading plans. OWeill asked Council to consider establishing a City escrow policy to help ensure that site improvements are completed properly. He noted that requiring a deposit and reinspection fee for incomplete items may be one way of encouraging improvements to be completed prior to occupancy. Dave Klein, a local builder, supported the idea of an escrow but noted that escrowing finds with both the City and mortgage companies would be very difficult since the amount could be as high as $4,000 for each home and results in doubling up of the security. Klein also requested that any escrow policy adopted affect only new permits and not be retroactive to homes already under construction. OWeill suggested t21at the topic be discussed with the City Attorney to investigate ways to require a city inspection prior to release of the escrow by the mortgage company. After discussion, it was the consensus of Council to continue with allowing conditional occupancy permits until the subject is discussed with the City Attorney. 12. Conaideratinn of a rmnintien approving n ani and flnerifiggiona Lnr tuna ruetinn of hurl Bn +Inv rd be wenn F Ileo Av nun nd Highway 2b. City Engineer Bret Weiss reported that plans and spedfications have been prepared for the extension of School Boulevard between Fallon Avenue and Pago 9 9 Council Minutes - 6/22/95 Highway 25 and for extension of utilities to the proposed Business Center. Weiss suggested that Council consider extending utilities across Highway 25 at this time, which could eventually serve the nearby trailer park. Weiss went on to explain the two alternatives for proposed tree plantings along School Boulevard, which would be financed through general city funds. The alternatives included a staggered planting of trees every 40 ft, or a randomly -spaced grouping of trees. Weiss noted that Council would also need to decide whether they preferred a standard concrete median on School Boulevard or a median that included a colored strip in the center, which is the median preferred by developer Tony Emmerich. Atter discussion, it was the consensus of Council to plant the trees along School Boulevard in a staggered fashion and to install a concrete median with a colored strip in the center as preferred by Emmerich. It was also concluded that tree planting would be done concurrent with land development adjacent to the roadway, thus better assuring proper maintenance of trees. There was also a consensus that tree planting along School Boulevard between County Road 118 and Fallon Avenue would follow the plan proposed by Weise but be planted over a period of years on a staged basis. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY BRIAN STUMPF TO ADOPT A RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR SCHOOL BOULEVARD, INCLUDING EXTENSION OF UTILITIES ACROSS HIGHWAY 26, AND AUTHORIZING ADVERTISEMENT FOR BIDS. Motion carried unanimously. SEE RESOLUTION 95.36. 13. rnnaidnration of ant_hnrizing chn QW a" to 11rop n n &2dbjlitXBUMb ata" the Highway 26/Oakweed Drive road ayatem_ Assistant Administrator O'Neill asked Coundl to consider directing the City Engineer to begin the planning and design process associated with development of roadway improvements in the area of the Highway 26 and Oakwood Drive intersection. This intersection has become a bottleneck for traffic circulation; and as noted in the transportation plan adopted by the City Council a few years ago, the alignment of this intersection needs to be moved farther to the south in order to accommodate vehicle stacking requirements for vehicles southbound on Highway 25. O'Neill reported that City staff met with County and MN/DOT representatives on May 12, 1995, to discuss possible improvements to this area. MN/DOT has plans for developing a four -lane section between the fiwway bridge and the Oakwood Drive intersection sometime in 1998. The Page 10 (.t Council Minutes - 5W% Wright County Engineer indicated that the County would be interested in assisting with funding a portion of the coat to realign Oakwood Drive/CSAR 117. It was the consensus of the State, County, and City engineering staff that the City needs to begin acquiring the necessary right-of-way, which can only be done after the proper alignment of the roadway has been identified through a feasibility study. Mayor Fyle and Councilmember Herbst questioned why the City is required to conduct the planning for Highway 25 since it is a state road, as it was their view that MN/DOT should spend the funds necessary to study the roadway improvements. City Engineer Weiss explained that the State recognizes that there is a problem, and the County and State will participate in the cost of improvements once area planning is completed by the City. O'Neill noted that it is important that land needed for the alignment be identified as soon as possible to allow acquisition prior to development thus limiting land acquisition cost. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY TOM PERRAULT TO ADOPT A RESOLUTION APPROVING AN ESTIMATED EXPENDITURE OF $18,000 FOR A FEASIBILITY STUDY ON IIdPROVEMENTS TO THE HIGHWAY 25/OAKWOOD DRIVE ROAD SYSTEM, WHICH INCLUDES PREPARING PLAN WORK FOR THE ENTIRE SYSTEM ON HIGHWAY 25 BETWEEN SCHOOL BOULEVARD AND OAKWOOD DRIVE. Voting in favor: Shirley Anderson, Tom Perrault, Brian Stumpf. Opposed: Brad Fyle, Clint Herbst. It was Fyle and Herbst's view that the State should be responsible for the cost to study traffic issues on Highway 25. SEE RESOLUTION 95-37. 14. ro aideratinn of a hnrinrw the .i y gnaineer to preRarn a feaFdhility atudv oa ramn nd hr. irmpmvem nta at County Rnad 118 and L$¢, Assistant Administrator O Neill requested that Council consider authorizing the City Engineer to prepare a feasibilility for development of freeway interchange improvements at County Road 118 in order to obtain the necessary approvals from the State of Minnesota and MN/DOT. This project was included in the City's transportation plan prepared a few years ago and was discussed at the recent joint commission meeting in conjunction with potential development of an outlet mall near Chelsea and County Road 118. At a meeting held on May 12,1998, the County Engineer noted that Wright County may help fund a portion of the estimated $3.6 million project; however, although MN/DOT officials support development of an interchange at the proposed location, no construction funding would be provided by the State, as it was their view that the primary purpose of the project is to improve local traffic flow only and enhance land developability in the area. Page 11 9 Council Minutes - 6J2?M AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY TOM PERRAULT TO ADOPT A RESOLUTION AUTHORUMgG THE CITY ENGINEER TO PREPARE A FEASIBILITY STUDY ON FREEWAY INTERCHANGE HAPROVEMENTS AT COUNTY ROAD 118 AND I-94. Motion carried unanimously. SEE RESOLUTION 86-38. 16. Cona+derstion of reviewing hides far contracted mowing se * Public Works Director John Simola reported that specifications for contract mowing and landscape maintenance include mowing at the library, liquor store, and fire hall on an as -needed basis. In addition, mowing of public nuisance property for weeds and tall grass was also bid. Simola noted that on May 18, 1896, bids were received from Carefree Lawn Service and Quality Lawn Maintenance. Council discussed the individual prices shown on the bid tabulation for both the city property mowing and the public nuisance mowing. It was noted that although the public nuisance mowing price was bid at $60 by Carefree Lawn Services and $46 by Quality Lawn Maintenance, the low bid for the city property mowing was made by Carefree Lawn Services. AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY SHIRLEY ANDERSON TO AWARD THE CONTRACT FOR MOWING AND LANDSCAPE MAINTENANCE TO CAREFREE LAWN SERVICES. Voting in favor: Clint Herbst, Shirley Anderson, Brian Stumpf, Tom Perrault. Opposed: Brad Fyle. 18, Cnwdderation ofe ,.ryMain+n r artmen� t mower_ It was the consensus of Council to table this item until the purchase of a bucket truck is resolved. 17, (:e nideratin nfhillA for tha month a MAV. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY BRIAN STUMPF TO APPROVE THE BILLS FOR THE MONTH OF MAY AS PRESENTED. Motion carried unanimously. 18. ati"er aUM. A. Assistant Administrator O Neill reported that there is again a vacancy on the Parks Commission due the appointment of Roger Carlson to the HRA. He noted that Earl Smith is interested in the position and was interviewed recently for a seat on the Parks Commission vacated by Dick Frio, who was appointed to the Planning Commission. Page 12 9 Council Minutes - 612M After discussion, a motion was made by ftirley Anderson and seconded by Brad Fyfe to appoint Earl Smith to the Parks Commission to fill the vacancy left by Roger Carlson. Voting in favor- Shirley Anderson, Brad Fyle, Clint Herbst, Brian Stumpf Opposed. Tom Perrault. B. Public Vorks Director John Simola requested that Council set a special meeting for the purpose of selecting an engineering consultant for the wastewater treatment plant expansion project. A"M DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SEOONDED BY BRIAN STUMPF TO DIRECT STAFF TO RANK THE PROPOSALS AND PROVIDE COUNCIL WITH A RECOMMENDATION AT A SPECIAL MEETING SET FOR MONDAY, JUNE 12, 1996, AT 6 PAL Motion carried unanimously, There being no fiuther business, the meeting was adjourned. Karen Doty Office Manager Page 13 0 Council Agenda - 6/12/95 A RFFFRFNCR AND BA .K =RO The City Council is requested to adopt a resolution calling for a public hearing date of June 26, 1995, for the modification of the TIF Plan for TIF District No. 1-19. The proposed modification is to increase the TIF budget by $42,000 for a total of $367,830. On March 13, 1995, the City Council approved the establishment of TIF District No. 1-19 and its plan. The plan included a budget amount of $325,830. This TIF District, a Housing District, was created to assist with site improvement costs associated with the construction of the 48 -unit multi -senior housing facility known as Mississippi Shores. On April 15, the HRA gave preliminary approval to increase the budget by $42,000 for a total of $367,830. The main reason the HRA agreed to the modification was to allow 90'.5 of the tax increment ($325,830) to be spent on the senior housing project, thereby increasing the cash flow of the project and reducing the rental rates. Secondly, the 10% administration 442,000 budget increase) provides dollars for HRA administration costs and/or allows the HRA the flexibility to reimburse the City for its estimated total HACA loss of $33,787 if for some reason in any given year during the life of the district the project does not meet the requirements of a `Qualified Housing District.' Until such time the senior housing project funding was in place, it made no sense to bring the proposed modification to the Council for approval. The project funding was resolved by the approval of the Monticello Senior Housing Alliance, Inc., to transfer ownership to Presbyterian Homes Housing and Assisted Living, Inc. Within the agenda items relating to Mississippi Shores is a memorandum prepared by Dan Lindl of Presbyterian Homes outlining the benefits of a Presbyterian ownership. Again, the City Council is requested to adopt the enclosed resolution calling for a public hearing date of June 26,1995. Actual approval of the proposed $42,000 budget increase will take place on June 26. Council Agenda - 6/12/95 R. ALTERNATIVE ACTIONS: 1. A motion to adopt a resolution calling for a public hearing on the proposed modification of the Redevelopment Plan for Redevelopment Predect No. 1, the modification of the TIF Plans for TIF District Nos. 1-1 through 1-18, and the modification of the TIF Plan for TIF District No. 1-19. Public hearing date of June 26, 1995. 2. A motion to deny adoption of the resolution calling for a public hearing. 3. A motion to table any action. Staff recommends Alternative 01. n SUPPORTING DATA, Copy of the resolution for adoption; Proposed budget; Approved March 13 budget. Councilmember introduced the following resolution, the reading of which was dispensed with by unanimous consent, and moved its adoption: CITY OF MONTICELLO CQ WRIGHT COUNTY �r STATE OF MINNESOTA RESOLUTION NO. RESOLUTION CALLING FOR A PUBLIC HEARING ON THE PROPOSED MODIFICATION, BY THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF MONTICELLO, OF THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 1, THE MODIFICATION OF THE TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICTS NO. 1-1 THROUGH 1-18, AND THE MODIFICATION OF THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1-19, ALL LOCATED WITHIN REDEVELOPMENT PROJECT NO. 1. BE IT RESOLVED by the City Council (the "Council") of the City of Monticello, Minnesota (the "City"), as follows: Section 1. Public Hearina. This Council shall meet on June 26, 1995, at approximately 7:00 p.m., to hold a public hearing on the following matters: (a) the proposed modification, by increased project costs of the Housing and Redevelopment Authority's (the "Authority") Redevelopment Project No. 1; (b) the proposed modification, by increased project costs of Tax Increment Financing Districts No. 1-1 through 1-18, located within Redevelopment Project No. 1; (cj the modification of Tax Increment Financing District No. 1-19, located within Redevelopment Project No. 1; (d) the proposed adoption of the Modified Redevelopment Plan for Redevelopment Project No. 1; (e) the proposed adoption of the Modified Tax Increment Financing Plans for Tax Increment Financing Districts -No. 1-1 through 1-18 (f) the proposed adoption of the Modified Tax Increment Financing Plan for Tax Increment Financing District No. 1-19, all pursuant to and in accordance with Minnesota Statutes, Sections 469.001 to 469.047, inclusive, as amended, and Sections 469.174 to 469.179, inclusive, as amended. 3%+ Section 2. Notice of Hearing: Filing of Program. The City Administrator is authorized and directed to cause notice of hearing, substantially in the form attached hereto as Exhibit A, to be given as required by law, to place a copy of the proposed Modified Redevelopment Plan and Modified Tax Increment Fmmcing Plans on file in the Administrator's office at City Hall and to make such copy available for inspection by the public no later than June 6, 1995. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember and upon vote being taken thereon, the following voted in favor thereof: And the following voted against the same: Whereupon said resolution was declared duly passed and adopted by the Council in and for the City of Monticello, Minnesota, on June 12, 1995. Mayor ATTEST: Administrator J� EXHIBIT A NOTICE OF PUBLIC HEARING CITY OF MONTICELLO COUNTY OF WRIGHT STATE OF MINNESOTA NOTICE IS HEREBY GIVEN that the City Council (the "Council") in and for the City of Monticello, County of Wright, State of Minnesota, will hold a public hearing on June 26, 1995 at approximately 7:00 p.m., at City Hall, 250 East Broadway, Monticello, Minnesota, relating to the proposed modification, by increased project costs, the Housing and Redevelopment Authority's Redevelopment Project No. 1 and the approval and adoption of the Modified Redevelopment Plan relating thereto; the proposed modification, by increased project costs, of the Modified Tax Increment Financing Plans for Tax Increment Financing Districts No. 1-1 through 1-18 located within Redevelopment Project No. 1; and the proposed adoption of the Modified Tax Increment Financing Plan relating to Tax Increment Financing Plan No. 1-19, also located within Redevelopment Project No. 1, all pursuant to and in accordance with Minn Statutes, Sections 469.001 to 469.047, inclusive, as amended, and Sections 469.174 to 469.179, inclusive, as amended. A copy of the Modified Redevelopment Plan for Redevelopment Project No. 1 and the Tax Increment Financing Plans for Tax Increment Financing Districts No. 1-1 through 1-19, as proposed to be adopted will be available at the office of the City Administrator at City Hall not later than June 6, 1995. The property comprising Tax Increment Financing District No. 1-19 is as follows: PID Number: 155-015-021.020 PID Number: 155-015-022-120 PID Number: 155-015-021-010 PID Number: 155-011-000-210 PID Number: 155-011-000-050 PID Number: 155-015-022.020 PID Number: 155-015-022-040 34-3 Also described as: Those parts of Lots 2, 3, 4, 10, 11, 12. Block 22 and Block 21 lying southeasterly of the center line of said Lot 2 extended northeasterly to the shoreline of the Mississippi River and lying northwesterly of the northeasterly extension of the southeasterly line of said Lot 10. Also that part of Lot 5 of Auditor's Subdivision No. One according to the recorded map thereof lying westerly of the southwesterly extension of the southeasterly line of Lot 4, Block 22, LOWER MONTICELLO according to the recorded plat thereof extended southwesterly to the southwest line of said Lot 5 except that part lying southeasterly of a line parallel with and 12.5 feet northerly of a line descn'bed as follows: Beginning at the intersection of the southwesterly extension of the southeasterly line of Lot 5 of said Block 22 with the southeasterly extension of the southwest line of said Block 22, thence southwesterly at a deflection angle of 132 degrees 46 minutes from the said southeasterly extension of the southwest line of Block 22, a distance of 139.5 feet more or less to said southwest line of Lot 5 of Auditor's Subdivision No. One and said line there terminating. Also that part of Broadway Street of LOWER MONTICELLO according to the recorded plat thereof lying southeasterly of the southwesterly extension of the center line of Lot 2, Block 22 of said LOWER MONTICELLO and northeasterly of the northwesterly extension of the southwest line of Lot 5 of the Auditor's Subdivision No. One according to the recorded map thereof. Maps of the project area and of proposed Tax Increment Financing District No. 1-19 are attached. Further information regarding the identification of the parcel to be included in Tax Increment Financing District No. 1-19 may be obtained from the office of the City Administrator. All interested persons may appear at the hearing and present their views orally or in writing. BY ORDER OF THE CITY COUNCIL City Administrator 3A-4 STATE OF MINNESOTA ) ss. CITY OF MONTICELLO ) I, the undersigned, being the duly qualified and acting Administrator of the City Council (the 'Council') in and for the City of Monticello, Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached and foregoing extract of minutes of a meeting of the Council held on the date indicated with the original minutes thereof on file in my office and that the same is a full, true and correct transcript thereof insofar as said minutes relate to Resolution No. WITNESS my hand officially and the official seal of the Council this day of 1995. City Administrator (SEAL) 3�.s Pr�oPosk.� �,(�cET. (As modified June 26, 1995) Debt Service Reserve for Housing Bonds 595,000.00 Demolition/Removal 7,300.00 Site Improvements Storm Sewer 15,440.00 Sanitary Sewer 18,930.00 Water 3,400.00 Water/Sewer Hookup Fees 30,000.00 Public Improvements Utility Realignment 12,000.00 Fin Truck Path/Hydrants 10,(W.00 Bike/Pedestrian Pathway Bridge 10,000.00 Site Preparation 39,208.00 Other Preparation Footings 15,675.00 Parlang/Pavinga andseaping Contingency 48, 637.00 20.000 Subtotal $325,830.00 Administration 42_000.00 Total S367,830.00 Subsection 1.11. jwld,ljz. All new and/or existing development on land identified on Exhibits I -C thorough I -F as 'property to be acquired' or 'possible acquisition" will be subject to the following uses and requirements: 1.43 34 .(� ADaP ED i?,C 6E T )istrict No. 1-19 (As adopted March 13, 1995) Debt Service Reserve for Housing Bonds 575,000 Demolition/Removal 7,500 Site Improvements Storm Sewer 15,440 Sanitary Sewer 18,950 Water 3,400 Water/Sewer Hookup Fees 30,000 Public Improvements Utility Realignment 12,000 Firetruck Path/Hydrants 10,000 Bike/Ped Pathway Bridge 10,000 Site Preparation 39,208 Other Preparation - Footings 15,675 Parkin8/Paving/LandscViAg 48.657 SUBTOTAL $285,830 Contingency 20,000 Administration 20 - TOTAL $325,830 I-42 3B. Council Agenda - 6/12/96 O.K.) The Council is requested to adopt a resolution approving the two documents which were prepared by HRA Attorney Steve Bubul. PRIVATE REDEVELOPMENT CONTRACT The Private Redevelopment Contract is a legal document which defines the terms and conditions associated with the disbursement of the TIF assistance to a redeveloper. As you recall, the TIF Plan for any TIF District describes the estimated tax increment to be generated over the life of a district, the budget which is a guide for the expenditure of tax increment, and the impact of the tax increment on the taxing jurisdictions. One can expend dollars less than the budget; however, prior to expenditure of dollars in excess of the budget, the TIF Plan must be modified. The TIF Plan for TIF District No. 1-19 was created to assist with the site improvement coats associated with the construction of a 48 -unit multi -senior housing facility. As described within the Private Redevelopment Contract, the TIF pay-as-you-go assistance is for public redevelopment costs in the marimum amount of $326,830. Assuming the redeveloper, Presbyterian Homes Housing and Assisted Living, Inc., constructs and completes the 48 -unit multi -senior housing facility within the terms and conditions of the Contrail, the redeveloper will be reimbursed by the HRA in semi-annual installments with interest at a rate equal to the leaser of 8% per annum or the yield on the Housing Bonds, payable on each February 1 and August 1 commencing August 1, 1897, and concluding no later than February 1, 2012. Payments will be made solely from and to the extent of available tax increment from this housing district. Normally, the Private Redevelopment Contract is an agreement between the HRA and redeveloper only. The City is a party to this contract because the City shall construct the "public improvements; and Uho City is associated with the requirements of a "Qualified Housing District." Council Agenda - 6/12/95 As a party to this contract, the City is in agreement to ARTICLE III, Pub]iC RedevelnUmP.nt Coetn, Section 3.2. Publie FedevellWment Gosto: The Redeveloper shall construct certain site improvements on the Redevelopment Property identified in Schedule A hereto, in accordance with the Construction Plana. The City shall construct the site improvements identified as "Public Improvements" in Schedule B, the coat of which the Redeveloper shall pay the City within 30 days after receipt of any invoice therefor. The parties further agree and understand that, as a condition of issuance of the Housing Bonds by the City, the Redeveloper will be required to fund a debt service reserve for such bonds. The cost of the site improvements, together with the debt service reserve for the Houisng Bonds, shall be referred to herein as the "Public Redevelopment Coats." In order to make the development of the Minimum Improvements economically feasible, the Authority will reimburse the Redeveloper for the Public Redevelopment Costs in the maximum amount of $325,830. In the event that the Public Redevelopment Costs exceed $325,830, such excess costs shall be the responsibility of the Redeveloper. The Authority shall have no obligation to the Redeveloper or to any third party with respect to any defects in the construction of improvements financed or reimbursed by the Authority as Public Redevelopment Costs. Secondly, as a party to this contract the City is in agreement to ARTICLE VI, fax Increment_ Taxes, Section 6.4, Qualification of the TIF District: (a) The parties hereto understand and agree that the TIF District constitutes a "housing district" under the TIF Act. The parties also reasonably anticipate that the TIF District will meet the requirements of a "qualified housing distaicV under Minnesota Statutes. To that end, and in order to ensure continued compliance with the income and rent limitations under those statutes, the Redeveloper and the Authority shall, upon execution of this Agreement, execute the Low Income Housing Agreement approved by and on file with the Authority. (c) If at any time the Authority receives notice from the State Department of Revenue, any Tax Official, or any Court of competent jurisdiction that the TIF District does not quality as a "qualified housing district," without affecting the status of the TIF District as a housing district, then on each Payment Date thereafter until the date of receipt of the last Tax Increments 6om the TIF District, the Authority shall pay to the City, as an administrative fee in connection with the TIF District, an amount Council Agenda - 6/12/95 equal to 10% of the Tax I=emmt received by the Authority with respect to the Redevelopment Property during the six months preceeding each Payment Date provided that the Authority's obligation hereunder is subject to the limit on expenditures of Ta: Increments for administrative expenses. Thirdly, as a party to this contract the City is in agreement to ARTICLE VII, Morte,am Fi andner, Section 7.3, Rnhordination and MgdifiCddgnJgrJaMWfLt1 In order to facilitate the Redeveloper obtaining financing for ;he development of the Minimum Improvements, the Authority and City Pgree to subordinate their interests in the Enimum Improvements and the IW$evelopment Property under this Agreement, provided that such subordination shall be subject to such reasonable terms and conditions as the Authority, the City, and the Holder mutually agree in writing. Outlined are only three excerpts of the 26 -page document which is available at city hall for your review. SUBORDINATION AGREEWNT The Subordination Agreement is between the HRA, the City, and First Trust National Association (the "Trustee"). In order to induce the Trustee to enter into the Indenture, and as additional security for repayment of all amounts due under the Loan Agreement, the Authority, City, and Trustee agree to enter into the Subordination Agreement. On June 6, 1985. the HRA adopted a resolution approving the Private Redevelopment Contract, the Extended Ww•lncome Housing Commitment Agreement, and the Subordination Agreement. Presbyterian Homes has received a copy of the documents for review; and at this time, I'm unaware if the documents have been approved. HRA Attorney Steve Bubul will be present at the City Council meeting for additional comments and to respond to Council questions. R. AI.TRRNArIVP ACTIONq; 1. A motion to adopt the resolution approving the Private Redevelopment Contract among the HRA, the City, and Pmabyterian Homes and the Subordination Agreement between the HRA, the City, and the Trustee. Council Agenda - 6112/85 A motion to deny adoption of the resolution. A motion to table any action. [!_ STAFF CO NDATION: As the financial strength of the project has increased with the new ownership of Presbyterian Homes Housing and Assisted Living, Inc., and with the utilization of their expertise in senior housing management, staff rewmmends Alternative 01. D_ SUPPORTING DATA Copy of Schedule B of the Private Redevelopment Contract; Resolution for adoption. SCHEDULE B PUBLIC RRDEVELOPlaM (MSTS SITE DIPROVEMENTS ESTIMATED COST Demolition/ Removal = 7,800.00 Storm Sewer, 18,440.00 Sanitary Sewer 18,980.00 Water I 1 8,400.00 Water/Sewer Hookup Fees 80,000.00 Public Improvements •• Utility Realignment 12,000.00 -jFlrs Truck Path/Hydrants 10,000.00' Bike/Pedestrian Pathway Bridge 10,000.00 Site Prepat�atloii„1 89, 208.00 Other Preparation Footings 18,978.00 parking/Paving/Landsosphsg 48,887.00 Contingency 20.000.00 Subtotal A 4 U9,M-00 Debt -Service Reserve for Housing /1 93.000.00 Bonds TOTAL A A 325-M. Coate may vary among any of the above items, provided that the total public Redevelopment Coats shall not exceed the above total. .IA , "Ma” also.., B-1 tares" em 911wb owelcomm 3s-1 CITY OF YONTICELLO RESOLUTION NO._ RESOLUTION APPROVING CONTRACT FOR PRIVATE REDEVELOPMENT AMONG THE AUTHORITY, THE CITY AND PRESBYTERIAN HOMES HOUSING AND ASSISTED LIVING, INC. (PRESBYTERIAN HOMES HOUSING) AND SUBORDINATION AGREEMENT AMONG THE AUTHORITY, THE CITY AND THE BOND TRUSTEE WHEREAS, the Housing and Redevelopment Authority in and for the City of Monticello ("Authority") is administering its Redevelopment Project No. 1 ("Project"); and WHEREAS, within the Project the Authority and the City have approved the creation of Tax Increment Financing District No. 1-18 (the "TIF District") in order to facilitate the development of a senior housing facility by Presbyterian Homes Housing and Assisted Living, Inc. ("Presbyterian Homes Housing"); and WHEREAS, Presbyterian Homes Housing expects that the facility will be financed in part through issuance by the City of Monticello of housing revenue bonds in the maximum principal amount of $3,500,000 (the "Bonds"); and WHEREAS, the City has reviewed a Contract for Private Redevelopment among the Authority, the City and Presbyterian Homes Housing (the "Contract") specifying the respective obligations of parties regarding development within the TIF District; and WHEREAS, the City has reviewed a Subordination Agreement among the Authority, the City and the trustee for the Bonds, ( the "Subordination Agreement") providing for subordination of certain of the Authority's and City's interests in the Contract to the trustee for the Bonds; and WHEREAS, the City Council has determined that It is In the beat interests of the City to enter into the Contract and the Subordination Agreement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Monticello as follows: 1. The Contract and the Subordination Agreement are hereby approved in substantially the form presented to the City Council on this date, subject to modifications to those documents that do not materially alter the nature of the transaction. which are approved by the Mayor and City Administrator; provided that execution of the documents by such officiate shall be conclusive evidence of such approval. 2. The proper City officials are authorized and directed to execute the Contract and Subordination Agreement on behalf of the City, and to carry out on behalf of tha City the City's obligations thereunder. ann6ri Milo -41 3g' Approved by the City Council of the the City of Monticello this 14th day of June, 1998. Mayor ATTEST: City Administrator mlo•u CuunLil Agenda - 6/12195 ac. anhdivislon. AnnU on �'naene 3R=. (J.O.) As you recall, a few weeks ago the preliminary plat of the Pinehurst subdivision was approved subject to a number of minor modifications to the plat. As of the preparation of this memo, I have not had the opportunity to review the final plat in any detail. I also need to review the Association Bylaws governing the site. I plan on completing my review prior to the Council meeting, at which time I will report any problems with the final plat or Association Bylaws. Motion to approve the final plat subject to final review by City staff and completion of plat modifications. Motion to deny final plat approval. Motion to table approval of the final plat. C. STAFF RECOMMENDATION; Staff supports approval of the final plat assuming that the modifications outlined at the preliminary plat phase were made and subject to correction of any other problems with the final plat that may be discovered during the final review process. n S1IPPORTINO DATA Copy of final plat; E:oerpt firom meeting minutes defining requested changes to the preliminary plattsite plan. �. _ f _ -.rte �� �� Y��i �•.'. ...... 1to14 91��CS?N Ran a rf�tl COPY Council Minutes - 5/22/95 179 Building 06rial Gary Anderson reported that Gene Bauer is requesting preliminary plat approval to construct two three -unit townhouse buildings on four platted lots, along with a conditional use permit which would allow two three -unit townhomes to be constructed in an R-2 district. The request as submitted to the Planning Commission also included a variance to the requirement that driveways be located 3 R from the side yard property line. As a result of the discussion at the Planning Commission meeting, the applicant modified the site plan eliminating the need for the variance. Anderson went on to note that the Planning Commission recommended that the preliminary plat and conditional use permit be approved based on the finding that the preliminary plat and conditional use permit will result in a development that is consistent with the character of the area and consistent with the purpose and intent of the R-2 zoning district. AFTER DISCUSSION, A MOTION WAS MADE BY SHMLEY ANDERSON AND SECONDED BY CLINT HERBST TO APPROVE THE PRELIMINARY PLAT OF THE PINEHURST RESIDENTIAL SUBDIVISION BASED ON THE FINDING THAT IT IS CONSISTENT WITH THE CHARACTER OF THE AREA. Motion carried unanimously. A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY CLINT HERBST TO APPROVE THE CONDITIONAL USE PERMIT ALLOWING TWO THREE -UNIT TOWNHOMES IN AN &2 DISTRICT CONTINGENT ON THE FOLLOWING CONDITIONS: A revised site plan is submitted indicating the distance between the intersection and the curb cut of any driveway in excess of 40 ft, as well as compliance with the 3 -ft setback for driveways Brom side property lines. A grading/drainage plan is submitted which indicates drainage patterns and grading necessary to divert surthoe water run-off away t}om the townhouse structure(s). 3. A landscape plan is submitted which indicates the trees on site being preserved. as well as any additional landscape improvements associated with the townhouse project. Page 6 3G - a- Council Blim, - 6r2= 4. The connection of public utilities is found to be acceptable by the City Faighum and appropriate to the City's service capacities. 5. The applicant establishes a Property Owner's Association for the primary purpose of maintaining the property's common spaces. Motion carried unanimously. Council Agenda - 6/12/95 : .1 , :1 , . •: , 1 w 1 :.1 1 , 1 1 ., [fled1 . (R.W.) Previously, the City Council set a public hearing date for Monday evening to consider the issuance of $3.5 million in housing revenue bonds to be used to finance the construction of the Montissippi Shores Senior Housing facility project. As you are aware, the senior housing project had run into problems getting enough equity put into the project to make it feasible and attractive for the bonds to sell. The Monticello Senior Housing Alliance had initially been planning to be the owner of the project with Presbyterian Homes being provided the management contract. Recently, the Senior Housing Alliance agreed to a proposal presented by Presbyterian Homes that Presbyterian Homes, along with the Wedum Foundation, become the owner of the project during its initial years of operation, with the option being available for the Monticello Senior Housing Alliance to purchase the property at a later date. The reason this option was presented is that the Wedum Foundation had agreed to inject some equity ($150,000) into the project to make it more attractive for permanent financing. In order to do so, this organization was not willing to invest this amount of money without actually becoming the owner during the initial stages of the project. The Housing Alliance was in agreement with this option, as it appeared it was the only way the development was going to continue on a reasonable schedule. Even with Presbyterian Homes being the owner of the project, financing to make this project viable still would require the City of Monticello to back the project by allowing our name to be used on a $3.5 million bond sale so that the project can obtain a lower interest rate. The Council is asked to read the memorandum dated June B from Mr. Steve Bubul of Holmes & Craven that summarizes the City's role in this bond sale and how it differs from our normal C.O. bonds. Generally speaking, the City is only using its name to got a tax exempt interest rate, which is lower than what can be obtained on the open market, and the City would wt be liable to make any payments on the bonds should the project not have sufficient revenue. This type of backing is very similar to past industrial revenue bonds that the City has backed for projects such as the Silver Fox Motel when it was originally built, Council Agenda - 6/12195 and also the original clinic building that is now owned by the hospital. In both of these cases, the City's name was used to attract a lower interest rate, but we were not obligated for any debt payments whatsoever. In March of 1996, in anticipation of proceeding with the senior housing project, the City Council adopted a housing plan which outlined the City's need for senior housing in the community. The plan indicated that a senior housing project would be owned by the Monticello Senior Housing Alliance; and if the Council is still supportive of the senior housing project being initially owned by Presbyterian Homes, the resolution should be adopted that modifies the original housing plan to note that Presbyterian Homes is now the owner. This resolution is really a technicality and does not change any other aspects of the original housing plan that was adopted. It is my understanding that if the Council is agreeable to the issuance of bonds and adopts the resolution allowing for the bond sale, the project will be going forward almost immediately. It is anticipated that the financing may be finalized during the week of June 12, allowing the project to begin construction soon. Mr. Steve Bubul of Holmes & Graven will be in attendance at the meeting to update the Council on the action that is needed by the City and to sun+n arize how the project has gotten to this point. W ALTERNATIVE ACTIONS; �e IA. After the close of the public hearing, the Council could adopt the �a resolution approving the issuance of senior housing bonds in an amount not to exceed 83.6 million, along with the associated loan ,4?� documents noted in the resolution. �(i_ j1B. Assuming the above option is selected, the Council should also adopt the resolution modifying the housing plan to indicate Presbyterian Homes as the owner of the project. Do not adopt the resolution issuing the bonds at this time. Likewise, if this option is selected, the housing plan would not need to be modified either. While I believe everyone had hoped that if this project was going to happen it would be a community effort and owned by the Monticello Senior Housing Alliance, it appears that additional hurting equity needs to oocur to make the Council Agenda - 6112195 project viable. Unless the money can be located within the community, the only reasonable alternative at this time if the project is going to proceed is the proposal to have Presbyterian Homes and Assisted Living, Inc., be the owner during the initial years. I believe the Senior Housing Alliance Board and members of the HRA are in agreement with the option proposed and feel this is the best way to proceed at this time. Copy of resolution authorizing the issuance of bonds; Copy of resolution modifying housing plan; Memorandum flrom Steve Bubul; Memo liom Presbyterian Homes. 10 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTICELLO, MINNESOTA (THE "ISSUER") AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF THE ISSUER'S SENIOR HOUSING REVENUE BONDS (PRESBYTERIAN HOMES HOUSING AND ASSISTED LIVING PROJECT) SERIES 1995 (THE "BONDS"), WHICH BONDS AND THE INTEREST AND ANY PREMIUM THEREON SHALL BE PAYABLE SOLELY FROM REVENUES DERIVED FROM REVENUES PLEDGED PURSUANT TO THE INDENTURE; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DET.IVERY OF A TRUST INDENTURE, A LOAN AGREEMENT, A BOND PURCHASE AGREEMENT AND CERTAIN OTHER DOCUMENTS; A.PPROVING THE FORM OF AN OFFICIAL STATEMENT; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE BONDS; AND PROVIDING FOR THE SECURITY, RIGHTS AND REMEDIES OF THE OWNERS OF SAID BONDS WHEREAS, the City of Monticello, Minnesota (the "Issuer") is a municipal corporation duly organized and existing under the Constitution and laws of the State of Minnesota; and WHEREAS, pursuant to the Constitution and laws of the State of Minnesota, particularly Minnesota Statutes, Chapter 462C, as amended (the "Act"), the Issuer is authorized to carry out the public purposes described therein and contemplated thereby by issuing Its revenue bonds to finance the cost of the acquisition, construction, improving and equipping of multifamily housing facilities to be located within its corporate boundaries, and is authorized to enter into any agreements made in connection therewith and pledge those agreements as security for the payment of the principal of and interest on auy such revenue bonds; and WHEREAS, Presbyterian Homes Housing and Assisted Living, Inc. Center, a Minnesota nonprofit corporation (the "Corporation") has requested the Issuer to Issue its Senior Housing Revenue Bonds (Presbyterian Homes Housing and Assisted Living, Inc. Project) Series 1995 in an aggregate principal amount not to exceed $3,500,000 (the "Bonds") to provide for the funding of a loan (the "Loan") to the Corporation for the purpose of financing the acquisition, construction, improving and equipping of a 48 -unit independent living facility for the elderly (the "Project") to be owned and operated by the Corporation; and WHEREAS, the Issuer has developed its housing plan, pursuant to and (a conformity with the Act (the "Housing Plan") , after pub lic hearing thereon and after' one publication of notice in a newspaper circulating generally in the City of Monticello at least thirty (30) days before the date of the hearing, as required by the Act; and WHEREAS, on June 12, 1995 the Issuer adopted a housing program (the "Program") for the Issuance of the Issuer's senior housing revenue bonds to finance ttie Project; and WHEREAS, the Program was adopted in confornsity with the Act after public hearing thereon and after one publication of notice in a newspaper circulatinig Cacaowe Palaa•47 generally in the City at least fifteen (15) days before the date of the hearing, as required by the Act; and WHEREAS, there is no active regional development commission whose jurisdiction includes the City; and WHEREAS, the Loan will be made pursuant to the terms of a Loan Agreement dated as of June 1, 1995 (the "Loan Agreement") between the Issuer and the Corporation and will be secured by (i) a mortgage lien on and security interest in the Project and the real estate on which the Project is located, from the Corporation to the Issuer pursuant to the terms of a Combination Mortgage, Security Agreement and Fixture Financing Statement dated as of June 1, 1995 (the "Mortgage") which Mortgage will be assigned by the Issuer to First Trust National Association, as trustee (the "Trustee") and (ii) a Guaranty Agreement dated as of June 1, 1995 (the "Guaranty") Presbyterian Homes Housing and Assisted Living, Inc. from Presbyterian Homes of Minnesota, Inc., Presbyterian Homes Foundation, Johanna Shores, Inc., Presbytrian Homes Care Centers, Inc., and Presbyterian Homes Management and Services, Inc. (the "Guarantors") to the Trustee; and WHEREAS, the Issuer proposes to finance the acquisition, construction, improvement and equipping of the Project under the Act by the issuance of the Bonds of the Issuer under this resolution as hereinafter dofined; and WHEREAS, the Bonds will be issued under a Trust Indenture dated as of June 1, 1995 (the "Indenture") between the Issuer and Trustee, and will be secured by a pledge and assignment of certain other revenues, all in accordance with the terms of the Indenture, and said Bonds and the interest on said Bonds shall be payable solely from the revenues pledged therefor and the Bonds shall not constitute a debt of the Issuer within the meaning of any constitutional or statutory limitation nor shall constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers and shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the Issuer other than the Issuer's interest in the Project; and WHEREAS, in order to comply with the requirements of Section 147(f) of the Internal Revenue Code of 1989, as amended, the City Council of the Issuer held a public hearing an June 12, 1995, after publication of notice thereof in a newspaper of general circulation in the City at least fourteen (14) days before the hearing; and WHEREAS, the forms of the following documents (including the exhibits referred to therein) have been submitted to the City: (a) the Indenture, providing for the issuance of the Bonds, prescribing the form thereof, plediriaR the trust estate described therein for the security of the Bonds, and setting orth proposed recitals, covenants and agreements by the parties with respect thereto; (b) the Loan Agreement; (c) the Mortgage from Corporation to Issuer; (d) the Assignment of Leases and Rents dated June 1, 1995 from the Corporation to the Issuer; (e) the Assignment of Mortgage and Leases and Rents dated June 1, 1995 from the Issuer to Trustee; 0090065 IOlp•67 JUM-08-98 14 -SO FROM. HOLMES a GRAVEN 10-8123378310 PAGE Z/8 (0 the Cuaronty Agreement from Guarantors to Trustee; (g) a Bond Purchase Agreement, to be dated ass of the date of exexation thereof (the "Bond Purchase Agreement"), by and among the Issuer, Dougherty, Dawkins, Sttmud h Bigelow, Inc. , (the "Underwriter") and Corporation; and (h) a form of Preliminary Official Statement and a Final Official Statement to be delivered on or prior to the bond closing (the "Official Statement"). The agreements described and referred to above in paragraphs (a) tbroagh (h) shall be hereinafter sometimes referred to collectively as the "Agteemamts". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONTICELLO, KWNESOTA. AS FOLLOWS: 1. The Issuer acknowledges. finds, determines, and declares that theDDxovfcion Of ..+.:..,."...J housing facilities, so that adequate facilities era available to reddeata of the State at reasonable cost, is a pu Uc purpose. 2. For the purposes set forth above. there to hereby authorised the issuance, sale and dell of the Bonds in a principal amount of not to exceed =3.500, 000. The Bonds shall be numbered, shall be dated, shall mature, shall be subject to redemption prior to maturity, shell be in such form. and shall have such other dettalls and provislow as are prescribed in the Indemmre in the form now on file with the Issuer. The average interest tete on the Bonds shall not exceed 7.751, which shall be determined by the Underwriter, subject to approval of the rates by the City Administrator of the Issuer. Execution of the Indenture and Loan Agreement by the City Admtnfstrator of the Issuer shall be conclusive, evidence of auch approval. 3. The Bonds shall be special obligations of the Issuer payable solely from the revenues pravided pursuant to the Loan Agreement and other fun" pursuant to the Indenture. The City Council of the Issuer hereby eau rues and directs the Mayor and the Ci Administrator of the Issuer (the "Mayor", and the "Administrator*, . ,..,� . l d, ) to execute and deliver the Indenture, by and between the Issuer and the Trustee, and to deliver to said Trustee the Indenture, and hereby authorizes and directs the execution of the Bonds in accordance with the Indenture, and hereby provides that the Indenture &hall provide the corms and conditions, covenants, rights, obligations, duties and agreements of the bondholders. the Issuer and the Trustee as sot forth therein. All of the provisions of the Indenture. when executed as authorised herein, shall be deemed to be a part of this resolution as fully and to the same extant as If Incorporated verbatim herein and shall be in full ftorce and effect from the date of execution and delivery thereof. The Agreements in substantially the forms submitted to the r at this meeting, are hereby approved with such and appropriate variations, omissions and insertions as do not eraterially nW the substance thereof (including without limitation the date of an document), or as the Mayor and the Admtofattstor, to their discretion, shall determine, and the execution thereof by the Mayor and the Admtaistrotor shall be conclusive evidence of such determination. Such of the documents as mequire the execution of the Issuer are hereby authorised and directed to be executed or ac.oet+s 0190.47 JUN -09-96 14-50 FROM.HOLMES a GRAVENo ID. BIZ]]79370 PACE ]/6 accepted, as the case may be, and delivered in the name and on behalf of the Issuer by its Mayor and City Administrator upon execution thereof by the parties thereto as appropriate. The Bonds and the Agreements ahan be executed and delivered as provided therein. Copies of all the documents necessary for the consummation of the transactions described herein and in the Anshan be delivered, filed and recorded as provided herein and In S. The Bonds shall be revenue obligations of the Issuer the proceeds of which shall be disbursed pursuant to the Indenture and the Loan Agreement, and the priincipal, premium and interest on the Bonds shall be payable solely from the proceeds of the Bonds and the Loan Agreement. S. The Trustee is hereby appointed as paying Agent and Bond Registrar for the Bonds. 7. The Mayor and Administrator of the Issuer are hereby authorized to execute and deliver, on behalf of the Issuer, such other documents as are necessary or appropriate in connection with the issuance, sale, and delivery of the Bonds, including the Arbitrage Certificate and any document necessary to comply with Securities and Exchange Commission Rule 15c2 -12(b(5), if applicable, and all other documents and certificates as shall be necessary and appropriate in connection with the issuance, sale and delivery of the Bonds. 8. The Issuer is not participating in the preparation of the Preliminary Official Statement telato the Bonds ( the "Preliminary Official Statement") , which Preliminary Official Statement is expected to be amended and completed to add certain pricing and other information (as amended and completed, the "Official Statement") and has made and will make no Independent investigation with respect to the information to be contained therein, including the A i thereto, and the Issuer assumes no responsibility for the dency, accuracy or completeness of such Information. Subject to the foregoing, Issuer hereby consents to the distribution and the use by the Underwriter In connection with the sale of the Bonds of the preliminary Official Statement and the Official Statement In the form on fie with Issuer. The Preliminary Official Statement and the Official Statement are the sols materials consented to by the Issuer for use in connection with the offer and tele of the Bonds. All covenants, stipulations, obligations and agreements of the Isauar contained In this resolution and the aforemontioned documents shall be deemed to be the covenants, atipulations. obligations and agreements of the Issuer to the full extent authorised or permitted by law, and all such covenants, stipulations. obligations and agreements shall be binding upon the Issuer. Except as otherwise provided in this resolution, all rights, powers and privileges conforred and duties and liabilities imposed upon the Issuer or the City Council by the provisions of this resolution or of the aforementioned documents shall be exercised or performed by the Iasuar or by such members of the City Coundl. or such officers, board. body or egong thoroof as may be required or authorised by law to exercise such powers and to perform such duties. No covenant, stipulation, obligation or agreement herein contained or contained in the aforementioned documents shall be deemed to be a covenant, stipulation, obligation or agreement of any member of the City Council of the Issuer. or any officer, agent or employee of the Issuer in that person's awoom olio -at JUN -08-96 14 '59 FROM. HOLMES 8 CRAVEN I0,8123379310 PAGE 4,S individual capacity, and neither the City Connell of the Issuer nor any officer or employee executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance No provision, covenant or agreement contained In the aforementioned documents, the Bonds or in any other document related to the Bonds, and no obligation therein or herein Imposed upon the Issuer or the breach thereof, shall constitute or give rise to any pecuniary liability of the Issuer or any charge upon its geaelal credit or taagg powers. In making the agreements, provisions, covenants and represeatationa set forth in such documents, the Issuer has not obligated itself to pay or It any funds or revenues, other than funds and revenues derived from the Uan Agreement which are to be applied oto the payment of the Bonds, as provided therein and In the 10. EYeept as herein Otherwise expressly provided, nothing in this resolution or in the aforementioned documents expressed or implied, is intended or shall be construed to confer upon any person or firm or corporation, other than the Issuer or any holder of the Bonds issued under the previsions of this resolution, any right, remedy or claim, legal or equitable, under and by reason of this resolution or any provision hereof, this resolution, the aforementioned documents and all of their provisions being intended to be and being for the sole and exclusive benefit of the Issuer and any holder from time to time of the Bonds Issued under the provisions of this resolution. 11. In case any one or more of the provisions of this resolution, or of the aforementioned documents, or of the Bonds issued hereunder shell for any reason be held to be Illegal or Invalid, such Wegality or Invalidity shall not affect any other 3pravisiou of this resolution. or of the aforementioned documents, or of the Bonds, but this resolution, the aforementioned documents, and the Bonds shall be construed and endorsed as if such illegal or Invalid provision had not been contained therein. 22. The Bonds, When ezaouted and delivered, Shall contain a recital that they aro issued pursuant to the Act, and such red" aball be conclusive evidence of the validity of the Bonds and the regul&e1 of the Issuance there. and that all acts, conditions and things required by ofthe laws of the State of Mmusota relating to the ad ton of this resolution, to the Issuance of the Bonds and to the execution of the aforementioned documents tohhaappppeaan, exist and be performed precedent to and in the enactment of We sesotutfon, and precedent to Issuance of the Bonds and precedent to the execution of the d. ..—.. J. , . sd documents have happened, exist sad have been performed as so required by law. 13. The officers of itis Issuer, attorneys, engineers and other agents or employees of the Issuer are hereby autbAri"d to do all acts and thinrequired of them gta documents. and the Bonds for in �theefW1, uactusl ann with this dt�let pparfaforementioned all the tarms, covenants and mutt contained In the Banda, the aforementioned documents and this resolution. In the event that for any roason the Mayor of the Issuer Is unable to carry out the execution of any of the documents or other acts provided horela. any other —bar of the City Council of the Iesuer shall be authorised to act In his capacity and undertal<o such execution or acts on behalf of the lasuar with full force and effect, which executions or acts shall be valid and binding on the Issuer. If for any season snso-s7 5 10 JUN -09-86 14.69 FROM-HOLMES 6 CRAVEN IO,e323378310 PACE 6/6 the City Administrator of the leaver is naabia to ezecuts and deliver the doaumaats referred to in this Beacktion. awA documents may be emacllted by a member of the City Council, with the same force and effect as f such documents were azecuted and delivered by the Ctty Admb3bmtor of the issuer. 14. This reschMon shaU be in Poll force and effect liom and alter its passage. Adopted by the City Ccamcii of the City of MoatioeDc thia 12th day of June. 1995. mayor ATTEST: City Admiaiatrator anoo" maw -47 THE CITY OF MONTICELLO. IUNNESOTA RESOLUTION NO. _ ADOPTING A MODIFIED PROGRAM FOR THE ISSUANCE OF SENIOR HOUSING REVENUE BONDS WHEREAS, pursuant to the Minnesota Miunicipal Housing Act, Minnesota Statutes, Chapter 462C (the "Act"), the City of Monticello, Minnesota (the is authorized to adopt a housing plan and carry out programa for the financing of rental housing which is intended primarily for elderly persons or is affordable to persons of low and moderate income; and WHEREAS, on March 13, 1995, the City Council held a public hearing on and adopted a housing plan ( the "Plan") and program ( the "Program") in accordance with the requirements of the Act; and WHEREAS, the Program provides for the acquisition and construction of a 48 - unit rental housing facility for elderly persons ( the "Project") to be located in the City; and WHEREAS, the City has determined a need to modify the Program in order to reflect a change in ownership of the Project, and on this date conducted a public hearing on the modified Program attached as Exhlbit A hereto, following publication of notice at least 15 days prior to the date hereof, all in conformance with the requirements of the Act; and WHEREAS, the City to not located within the area of jurisdiction of either the Metropolitan Council or any currently active regional development commission, and therefore the Plan and Program have not been submitted for review and comment by such bodies as would otherwise be required under the Act; and WHEREAS, the modified Program provides for the issuance by the City of up to $x,500,000 in revenue bonds to finance the acquisition and construction of the Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONTICELLO, MINNESOTA: That the modified Program is hereby in all respects adopted. 2. That the staff of the City is hereby authorized to do all other things and take all other actions as may be necessary or appropriate to carry out the modified Program In accordance with the Act and any other applicable laws and regulations . Adopted this 12th day of June, 1995. Mayor City Administrator anbn% 1ai+e•4+ SG EXHIBIT A MODIFIED PROGRAM FOR THE FINANCING OF SENIOR RENTAL HOUSING DEVELOPMENT Pursuant to Minnesota Statutes, Chapter 462C (the "Act"), the City of Monticello (the "City") has been authorized to develop and administer programa of multifamily housing developments under the circumstances and within the limitations set forth in the Act. Minnesota Statutes, Section 462C.07 provides that such programs for multifamily housing developments may be financed by revenue bonds issued by the City. The City has determined that it is in the beet interests of the residents of the City to create a program of financing to encourage and facilitate the development of rental housing developments for elderly persons in the City (the "Program"). The City has received a proposal from representatives of Presbyterian Homes Housing and Assisted Living, Inc. (the "Developer"), that, pursuant to the authority found in the Act, the City approves a program providing for the acquisition and construction of the Presbyterian Homes Housing and Assisted Living, Inc. Project, a senior housing development located at 1215 Hart Boulevard in the City (the "Project") . The acquisition and construction of the Project is to be funded through the Issuance of up to $3,500, 000 in revenue bonds issued by the City (the "Bonds") . The Project will be designed for rental primarily to elderly persons. The City, in establishing this senior housing program (the "Program"), has considered the information contained in the City's 462C Housing Plan (the "Housing Plan"), including particularly (I) the availability and affordability of other government housing programs; (U) the availability and affordability of private marketing financing for the construction of multifamily housing units; (Ui) an analysis of population, unemployment trends and projections of future population trends and future employment needs; (iv) the recent housing trends and future housing needs of the City; and (v) an analysis of how the Program will meet the needs of persons and families residing and expected to reside in the City. The City, in adopting the Program, has further considered (i) the amount, timing and sale of Bonds to finance the estimated costs of the housing units, to fund the appropriate reserves and to pay the cost of issuance; (U) the method of monitoring and implementation of the Program to Insure compliance with the City's housing plan and its objectives; (Ui) the method of administering, servicing and supervising the Program; (iv) the costs of the City, including future administrative expenses; (v) the restrictions on the multifamily development to be financed under the Program; and (vi) certain other limitations. The City, In adopting the Program, considered the potential financing impact of a bond Issuance on affected public agencies. In addition, the City reviewed the method of marketing the Program. Such review examined the equal opportunity for participation by (1) minorities; (U) households with Incomes at the lower end of the range that can be served by the Program; (Ui) households displaced by public or private actions; (!v) elderly persons; and (v) accessibility to the handicapped. The Project will be constructed and financed pursuant to Subdivisions 1 and 4 of Section 462C.05 of the Act. &M1901 q1l0-tt S� Subsection A. Definitions. The following terms used in this Program shall have the following meanings, respectively: (1) "Act" shall mean Minnesota Statutes, Section 462C.01, at seq., as currently in effect and as the same may be from time to time amended. (2) "Bonds" shall mean the revenue bonds to be issued by the City to finance the Program. (3) "City" shall mean the City of Monticello, State of Minnesota. (4) "Developer" shall mean Presbyterian Homes Housing and Assisted Living, Inc. , a Minnesota nonprofit corporation. (S) "Housing Plan" shall mean the City of Monticello 462C Housing Plan, as amended, setting forth certain information required by the Act. (8) "Housing Unit" shall mean any one of the 48 units located in the Project, occupied by one person or family, and containing complete living facilities. (7) "Land" shall mean the real property upon which each Project is situated. (8) "Program" shell mean the program for the financing of the Projects pursuant to the Act. (9) "Project" shall mean the Presbyterian Homes Housing and Assisted Living, Inc. Project. Subsection B. Prowram For Financint the Project. It is proposed that the City establish this Program to provide financing for acquisition of the Project to be owned by the Developer, or a related entity, at a cost and upon such other terms and conditions as are set forth herein and as may be ag red upon in writing between the City, the Initial purchaser of the Bonds and the respective Developer. To do this, the City expects to issue Bonds the proceeds of which will be loaned to the Developer for financing the acquisition and construction of the Project. It is expected that a trustee will be appointed by the City to monitor the construction of the Project and payments of principal and Interest on the Bonds. The cost of any additional security devices for the Bonds will be borne by the Developer and payable In addition to the principal and Interest on the Bonds except as otherwise provided by resolution of the City. It is contemplated that the Bonds shall have a maturity of thirty (30) years and will be priced to the market at the time of issuance. The City will hire no additional staff for the administration of the Program. The City intends to select and contract with a financial institution or trustee, experienced In trust matters to administer the Bonds. Insofar as the City will be contracting with underwriters, legal counsel, bond counsel, the trustee, and others, all of whom will be reimbursed from bond proceeds and revenues generated by the Program, no adumhuiatrative coats will be paid from the City's budget with respect to this Program except as otherwise provided by resolution of the City. The Bonds will not be genornl obligation bonds of the City, but are to be paid only from properties pledged to the payment thereof, which may &MSI S igloo -47 Sz include additional security such as additional collateral, insurance or a letter of credit. Subsection C. Local Contributions To The Prorram. The City through its Housing and Redevelopment Authority ("HRA"), will provide certain tax increment financing assistance for the Project in accordance with a Contract for Private Redevelopment between the HRA and the Developer. Subsection D. Standards and Requirements Relatin¢ to the Financing of the Projects Pursuant to the Pro¢ram. The following standards and requirements shall apply with respect to the operation of the Project by the Developer pursuant to this Program: (1) Substantially all of the proceeds of the sale of the Bonds will be used to provide funds for the acquisition and rehabilitation of the Project. The funds will be made available to the Developer pursuant to the terms of the Bond offering, which may include certain covenants to be entered into between the City and the Developer. (2) The Developer or subsequent owner of the Project will not arbitrarily reject an application from a proposed tenant because of race, color, creed, religion, national origin, sex, marital status, or status with regard to public assistance or disability. (3) No Housing Unit may be in violation of applicable zoning ordinances or other applicable land use regulations, including any urban renewal plan or development district plan, and including the state building code as set forth under Minnesota Statutes, Section 18.83, et seq. Subsection E. Evidence of Compliance. The City may require from the Developer or such other person deemed necessary at or before the issuance of the Bonds, evidence satisfactory to the City of the ability and intention of the Developer to complete the Project, and evidence satisfactory to the City of compliance with the standards and requirements for the making of the financing established by the City, as set forth herein; and in connection therewith, the City or Its representatives may inspect the relevant books and records of the Developer in order to confirm such ability, intention and compliance. In addition, the City may periodically require certification from either the Developer or such other person deemed necessary concerning compliance with various aspects of the Program. Subsection F. lasuance of Bonds. To finance the Program authorized by this Section, the City may by resolution authorize, issue and sell its revenue Bonds in one or mores series, and using any additional credit enhancement devices determined by the City to be necessary or desirable for each such aeries, In an aggregate principal amount estimated to be up to $3,500,000. The Bonds shall be issued pursuant to Section 482C.07, Subdivision I of the Act, and shall be payable primarily from the revenues of the Program authorized by this Section. The City anticipates the issuance of such amount prior to the end of 1995. SubsectionG. Severability. The provisions of this Program are severable and if any of its provisions, sentences, clauses or paragraphs shall be held unconstitutional, contrary to statute, exceeding the authority of the City or otherwise illegal or inoperative by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. an9t9m 00190-4+ S Subsection H. Amendment. The City shall not amend this Program while Bonds authorized hereby are outstanding, to the detriment of the holders of such Bonds. OnSIT oneo-a Sk HOLMES & GRAVEN CHARTERED i�Xuf11�71`� lIllu lI TO: Rick Wolfsteller. City Administrator FROM: Stephen Bubul RE: Housing Revenue Bonds As you know, the City is considering the issuance of housing revenue bonds (Housing Bonds) in order to finance construction of a senior housing facility in the City. You asked me to explain how these proposed bonds differ from the general obligation bonds (G.O. Bonds) that the City typically issues for various City projects. In the case of G.O. Bonds. the City issues the bonds and uses the proceeds from the sale to finance a governmental function --such as sewer or water improvements. To repay the bonds, the City pledges various revenues --special assessments, or revenues of a utility system --but also pledges the City's full, faith and credit. This means that if revenues are ever insufficient to pay the bonds, the City must levy a property tax against all property in the City. Potential investors look to the City's financial condition and credit rating in dctemtining whether to buy the bonds. In the case of the Housing Bonds, the City issues the bonds but does not directly use the proceeds. Instead, the City loans the proceeds to a nonprofit. 501(c)(3) corporation, which uses the money to construct a housing facility intended for seniors. The borrower repays the loan from the revenues generated by the housing facility. To repay the bonds, the City pledges only the amount that the nonprofit borrower is obligated to repay under the loan agreement. The City does not pledge any of its own funds or its full faith and credit. If revenues from the housing facility are insufficient to repay the bonds, that is simply a risk the bondholders bear. The loan agreement between the City and the nonprofit corporation is assigned to a bond trustee. The corporation makes all payments directly to the trustee, who handles all financial transactions related to the bonds. Once the bonds arc issued, the City has no practical role in the financing except if the bonds are later refunded. ,rD+1A 0 41 51 Iw rmm.rr Coln. MIR0n00d. %U a SUU .'VERT A. ALN 10111'17.0300 AND M. Sm.." Ron AID H. BATTY JAMO J. imo3 . R ST[IM.. J. Mom FR hw.,61113)7.0310 LARB/M. wrana1M J.B. DRAN DONNIR L n1IJDNV MARY G. 0O80Dl1 )OR Y. YA..o STEFANIE V. GAL" LORRINE A. NED.R DAVID L GUYa>.1WW.IW O JAMES S. HOIJIES WRITERS DMECT DIAL DAVID J. {eINRDY 01 COII.RL JOM R. LARs N 15111 337.n21 RoBUT C. CAAL ox I RARLES L LATEYUE RONUT L DAMSON JOHN M. LRPEYRL JL M June 8, 1995 WELIJNQTON H. LAW ROSE" J. LDIDALL T. JAY SALMQI ROBERT C. LONG i�Xuf11�71`� lIllu lI TO: Rick Wolfsteller. City Administrator FROM: Stephen Bubul RE: Housing Revenue Bonds As you know, the City is considering the issuance of housing revenue bonds (Housing Bonds) in order to finance construction of a senior housing facility in the City. You asked me to explain how these proposed bonds differ from the general obligation bonds (G.O. Bonds) that the City typically issues for various City projects. In the case of G.O. Bonds. the City issues the bonds and uses the proceeds from the sale to finance a governmental function --such as sewer or water improvements. To repay the bonds, the City pledges various revenues --special assessments, or revenues of a utility system --but also pledges the City's full, faith and credit. This means that if revenues are ever insufficient to pay the bonds, the City must levy a property tax against all property in the City. Potential investors look to the City's financial condition and credit rating in dctemtining whether to buy the bonds. In the case of the Housing Bonds, the City issues the bonds but does not directly use the proceeds. Instead, the City loans the proceeds to a nonprofit. 501(c)(3) corporation, which uses the money to construct a housing facility intended for seniors. The borrower repays the loan from the revenues generated by the housing facility. To repay the bonds, the City pledges only the amount that the nonprofit borrower is obligated to repay under the loan agreement. The City does not pledge any of its own funds or its full faith and credit. If revenues from the housing facility are insufficient to repay the bonds, that is simply a risk the bondholders bear. The loan agreement between the City and the nonprofit corporation is assigned to a bond trustee. The corporation makes all payments directly to the trustee, who handles all financial transactions related to the bonds. Once the bonds arc issued, the City has no practical role in the financing except if the bonds are later refunded. ,rD+1A 0 41 51 Rick Wolfsteller June g. 1995 Page 2 The buyers of the Housing Bonds look to theborrower's financial condition and the strength of the project that will be built with the bonds; they do not look to the City at all. Because of that fact, the Housing Bonds have no effect on the City's credit rating or its ability to issue other bonds. The interest rates on these types of bonds are higher than for G.O. Bonds, because the security is less certain. The riskier the project, the higher the rates will be. The Housing Bonds are often referred to as "conduit bonds." because the City is really just a conduit for the issuance. In a sense, the City lends its name --and its authority under state and federal law to issue tax exempt bonds—to allow low—cost financing for a nonprofit corporation. But in every respect. the borrower is the entity that must repay the debt In this case, the original borrower was to be the Monticello Senior Housing Alliance, Inc., a nonprofit corporation made up of representatives appointed by the City Council, the HRA and the community at large. The Presbyterian Homes organization would be the project manger for at least the fust few years. That structure has not worked as well as had been hoped, as the corporation does not have a "track record" or any additional assets or credit that would satisfy potential bond buyers. As a consequence, interest rates on the Housing Bonds would increase to a point where unacceptably high rent levels would be required to cover debt service payments. Instead, Presbyterian Homes Housing and Assisted Living, Inc. has been proposed as the owner of the facility, and the borrower of the bond proceeds. The Wedum Foundation will provide 5150,000 of equity, and the Presbyterian Homes Foundation will provide $50,000, in both cases to be repaid from project revenues without interest. Several related Presbyterian Horncs entities will also guaranty payment of the bonds until the project has produced revenues covering 120% of debt service for at least two years. These changes significantly improve the financial picture of this project, and make it possible to issue Housing Bonds at a lower interest rate. which in tum keeps the rents at an affordable level. The bond documents allow for initial transfer of ownership to Wedum/PHM Affordable Housing, Inc. (a nonprofit corporation that is waiting for approval of 501(c)(3) status). The documenu also allow for an eventual transfer to the Monticello Senior Housing Alliance if (1) the project is fully leased. (2) it has produced rent revenues that equal at least 120% of the annual debt service on the bonds for two years, and (3) the equity loans made by Wedum and Presbyterian Homes arc repaid. Again, whatever entity owns the facility, it is that entity, and not the City, that is liable to make payments on the Bonds. Also, the City or Presbyterian Homes may arrange for Monticello Senior Housing Alliance to serve as an advisory board for the project whether or not that entity takes over the ownership. The property would be acquired from the hospital district under the sante terms as initially discussed, with the addition that the $73.000 note to the hospital would be paid as soon as possible after the facility is fully leased. If you have further questions on the Housing Bonds or any related matter, please let tee know. JUN- 1-95 THU 10:35 PRESBYTERIAN HONES CORP. FAX NO. 6126316108 P.02 Memorandum DATE June 1, 1995 TO; Monticello City Council FROM: Monticello Senior Housing Alliance, Inc. SUBJ: Monticello Senior Housing Alliance Mississippi Shores; Our Current Position and Recommendation Monticello Senior Housing Alliance Is recommending that the TEFRA hearing action approved by the Monticello City Counc0 earlier be amended to allow for Presbyterian Homes of Minnesota to Issue the bonds as well. All other components of Information presented to the Monticello City Council and HRA remain unchanged and consistent. The Monticello Senior Housing Alliance has been working on completion of Mississippi Shore3 for several months, We are getting dose to enabMV construction to start but are constrained by the following: • Marketing plateau at 17; short of the required 24 ► Financial proforma Is still tight - conatruction costs are approximately 3,000/unit higher than ardidpated • 501(c)3 determination has been received • Sales tax exemption still pending Factors that ere complete Include: ► Architect plans and construction documents ► Contractor and not -to -exceed price ► TIF and Development Agreement • Approval for bonds • Marketing and waiting tist (Senior Innovations) . Market feasibility study (Pat McCullough) Presbyterian Homes proposing to: . Use existing PHM 501(c)3 (Presbyterian Homes Housing and Assisted Uving, Inc. or Wedum/PHM AfPordable Housing, Inc.) . PHM guarantees during rent -up ► PHM guarantee 'bums Or after 2 years cash How . Wedum Foundation equity - no Interest loan $150,000 PNM equity $50,000 - no Interest loan ► PHM Management Contract ► Advisory Board from Monticello . 75,000 note paid to hospital first - probably within 2 years of rent -up Can be transferred to%ownsd by Monticello Senior Housing Alliance provided that: • PHM guarantee "burned ofr - 1.2 coverage for 2 consecutive years or replaced PHM and Wedum Foundation pay back oquity `J JUN- 1-95 THU 10:36 PRESBYTERIAN HOItES CORP. FAX Nil. 6126316108 P.03 Memorandum MondoeUo 8e for Mousing AManr^ Inc. June 1. 1995 Page 2 Benefits: ► Construction starts right away - could be as Boron as June 22, 1995 . Interest .etas reduced 50 basis points ► Renta reduced approximately >610/morrth ► Conditional use permit Issue goes away ► Benefits - cash flow increase to 1.2+ Next Steps: ► TEFRA hearing City Council on June 12 (2 was notice) ► HRA - modfly TIF and Development Plan (can happen at any meattng) ► dba Mississippi Shores P. Purchase AgreemenHland ► Construction review finalized and positlonad - begin ► Borden - finish financial feasibility ► Bond documents completed Presbyterian Homes of Minnesota was inowporated In 1953. Key to Its start was Dr. West, Senior Pastor of Home of Hope Presbyterian Church and Dr. Kagin from Macalester College, among others. Sinoe that time, Presbyterian Hames, has grown Into an organization with nine corporations operating approdmately 1,600 units across the metropo0tm area. Presbyterian Homes has three business foaues Including: A. Nursing Homes B. Housing and Assisted Living C. Community Services Presbyterian Homes serves approximately 3,000 aider adults each year, has 1,500 employees and an operating budget of appro)dmataiy 40,000,000. Presbyterian Homos has klemifled the opportunity to servo older adutb through bu lding affordable housing as one of its strabglc options. End of Memo 50 Council Agenda - 6/12/95 A- RF.FF F.N . . AND BACKGROUND- At ACK ,RO 1ND- At the last meeting, the Council was presented with a request for approving a charitable gambling license for the Minnesota License Beverage Association Children's Fund at Joyner Lanes. It was my understanding the license application was denied because the organization was not local and the Council felt there were local organizations that could handle the gambling activity. Upon informing Pam Dane, owner of Joyner Lanes, of the Council's decision, she was quite surprised by the Council's action knowing that no other license has ever been denied by the Council. She indicated that had she known this would be a controversial item, she would have been glad to attend the meeting to explain her position and to have a representative of the Minnesota License Beverage Association Children' a Fund in attendance. Since she feels this is an important issue for their business, she has requested that the Council allow her to present additional information and requested reconsideration of her gambling license request. 'Nadu! I met with both Pam and Peter 11, Executive Director of the Minnesota License Beverage Association Children's Fund Gambling Organization. Mr. Mandell indicated that other communities where they operate charitable gambling had similar concerns on whether some or all of the funds would be donated locally. It is noted that their primary focus has been in the Twin Cities area, but they would be agreeable to donating a set percentage or dollar amount locally for appropriate activities. At this time they aro suggesting they would be agreeable to donating between 20-50'7 of net proceeds within the city. One of the reasons Joyner Lanes has decided to consider another organization to conduct gambling at their facility was that there apparently havo been some past incidents where the present operation had not always been open and staffed by the organization. As a result, the customers of Joyner Lanes are typically expecting to purchase pull- tabs during their bowling activities, and Pam feels that it is important to have a reliable organization operate the pull tab booth on a consistent basis so they can remain competitive with other bowling establishments. Council Agenda - 6/12/95 Both Pam and Peter Man" will be in attendance at the Council meeting to provide any additional information they can regarding this request. Within reason, I believe the MLBA Children's Fund is certainly willing to donate a portion of the proceeds locally, provided there are acceptable organizations to receive the funds. Council could reconsider its previous action and allow the MLBA to operate a pull -tab gambling activity at Joyner Lanes with the understanding that between 20 - 50% of the net proceeds must be donated to local organizations. 2. Council could approve the gambling license request based on a different percentage of net proceeds being donated y. 3. Council could deny the request. C 14 f:. STAFF RPrOMMF.NDATION: Since the City Council may not be aware of all the details ncerning the present operating pull -tab activity at Joyner Lanes, we are not in a position to fully understand why Joyner Lanes may want to Beek a different organization to operate the pull -tab operation. In the past, Council has not denied an organization or a business's request for a license but did want the ability to review the charitable donations that have been made by the organization to see where the funds are going. While we have never set a minimum percentage, most of the current gambling licenses are local organizations and thus contribute a larger percentage of their donations to local activities. Naturally, just because it is a local organization, it does not mean that all of the proceeds are donated locally as is evident by contributions to surrounding comrnunity activities and national organizations. The same would probably be true of the MLBA in that their primary goal is providing funds for children, but it may be through Twin City organizations in addition to a minimum percentage the Council could establish to be local. Copy of letter from MLBA and brochure on the Children's Fund; Resolution authorizing iasuance of gambling license. MINNESOTA LICENSED BEVERAGE ASSOCIATION y CHILDRENS' FUND, INC. 66911W Ave Nu Mnmrappif. MN SSM (612)522.9614 Mr. Rick WolfsteUer City Administrator City of Monticello 250 East Broadway Monticello, MN 55362-9245 Dear Rick: Pursuant to our meeting on Tuesday, enclosed you will fend some information on the MLBA Children's Fund concerning our activities in lawful gambling. 1 hope this proves useful to the council in evaluating our premises permit application. As we discussed, our policy regarding donations is to try to identify when possible, local groups who meet our giving guidelines. As we discussed, the City of Hastings expressed similar concerns when we firsts applied for a gaming permit in their city. We promised the members of the Hastings council that we would be good community partners and they approved us on the condition that our re-Ucensing would be directly tied to the donations we made in their city. We have recently concluded our re-Ucensing process and the City of Hastings has unanimously approved our permit. After discussing this matter with my board of directors, 1 can promise you that our goal is to donate between 20% and 50% of our net proceeds within your city. We hope to be able to accomplish the 50% donation level, but I can promise you that a minimum of 20416 will be donated. Please feel Gee to give me a call if you have any questions. Sincerely, 0//, R. Peter Madel III Ercecutivo Director 6A Oreantratlon Cretin Durham Hall H.S. Cystic Fibrosis Foundatm Catholic Parents Club Hastings Athletic Association Hastings Hockey Association DARE • Hastings Highland Little Leage Daytea's Bluff Boosters Make-A•Wish Boys &ad Girls Club Young Life of St. Paul Friends of Kids Park MLl;A Children's Fund Donations July 199) - March 1995 §i y Amount St. Paul 60,000 Mpls, 10,000 St. Paul 10,000 Hastings 5,000 Hastings 5,000 Hastings 5,000 St. Paul 1,650 St. Paul 3,200 Minneapolis 1,000 Sl. Paul 2,600 St. Paul 2,700 St. Paul 2,800 RESOLUTION 95 - RESOLUTION AUTHORIZING THE ISSUANCE OF A GAMBLING LICENSE WHEREAS, the MLBA Children's Fund of Minneapolis has submitted an application to the City Council of Monticello for issuance of a charitable gambling license to conduct gambling at Joyner Lanes located in Monticello, Minnesota, and WHEREAS, upon review of the organization's activities, the Council is not opposed to the gambling license being issued by the State Gambling Control Board, and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL that the MLBA Children's Fund application for license issuance listed above is hereby approved, and the Slate Gambling Control Board is authorized to process the application. Adopted by the City Council this 12th day of June, 1995. Mayor City Administrator Council Agenda - 8/12/95 7. Consideration of a mquest for a psarking stall and driveway design con itio col use permit ApplicanLRay SchmidL e. C'nngideratinn of a ==nst for- con itio al use permit which wo ■ld allow outside storage in an_ I-1 24oe- Mn11rnnL&y Schmid . (J.O.) A_ iZFFERF.N .F. ANP 13ACKGROUND: Ray Schmidt requests that the City Council consider granting his company two conditional use permits, which would allow an expansion of his manufacturing facility. The proposed expansion calls for development of a 9,000 eq ft addition to the existing structure. The addition would be located on the north side of the existing building and would be used primarily for loading equipment onto trucks. City staff, along with the City Engineer, has reviewed the site plan in detail and found that it meets site plan requirements; however, the site plan does call for a slight reduction in the standard driveway and curb improvements, thus creating the need for the conditional use permit. The City's standard requirement for curbing requires that a curb line be placed along the perimeter of all parking and drive areas; however, if it can be demonstrated that in I-1 amd 1-2 zones curb areas are not needed for drainage purposes or needed to channel traffic, then a conditional use permit option is allowed, which allows a reduction in the standard requirements. According to the attached site plan, the areas proposed to be without curb appear to be in areas where the curb is not needed for drainage or to channel traffic; therefore, approval of the request for the conditional use permit allowing a reduction in the driveway and parking standards appears appropriate. The site plan also calls for development of a small outside storage area. According to Ray Schmidt, he plans on screening the storage area through development of a screening fence as required by ordinance. Therefore, it also appears appropriate to grant the conditional use permit allowing outside storage. The Planning Commission recommends approval of both requests based on the findings, noted below. B. ALTERNATIVE. ACTIONC; DECISION ONE - PARKXNG STALVDRIVEWAY DESIGN 1. Motion to recommend granting the request for a parking stall and driveway design conditional use permit. This alternative could be based on the finding that the granting of the conditional use permit allowing a reduction in the standard design requirements for parking and driveway design is appropriate in this case due 13 Council Agenda - 6/12/95 to the fact that the curbing proposed to be eliminated with the site plan is not needed to channel water, is not located in an area that is commonly used by the public, and is generally located in an area of possible future expansion. 2. Motion to deny granting the parking stall and driveway design conditional use permit. City Council should select this alternative if it feels that the case has not been sufficiently demonstrated for allowing a reduction in the driveway design standards. Perhaps it is the view of the Council that the curbing should remain in place to properly channel vehicles away from the unpaved areas. This alternative would be inconsistent with approvals granted to other businesses. DECISION TWO - OUTSIDE STORAGE 1. Motion to approve a conditional use permit allowing outside storage. This alternative could be based on the finding that the proposed outside storage is relatively small and will be screened and maintained in accordance with the requirements outlined by ordinance. 2. Motion to deny a conditional use permit allowing outside storage. (`_ STAFF F..O MF.NDATION: DECISION ONE - PARKING STALVDRIVEWAY DESIGN Staff recommends alternative 01. Granting of the conditional use permit as proposed under alternative 01 is consistent with the conditional use permits granted for allowing similar reductions in driveway design standards. The action to approve would be consistent with what the City has done for Standard Iron, Marties Farm Service, and Suburban Machine A Manufacturing. DECISION TWO .OUTSIDE S'T'ORAGE Staff recommends that the City Council select alternative 01. The proposed outside storage area is relatively small, and staff has been assured that the area will be properly screened and maintained in accordance with the city code. D_ SUPPORTING DATA: Copy of site plan; Excerpts from ordinance regarding conditional use permit allowing reduction in driveway design requirements; Excerpts from ordinance detailing requirements for outside storage in an I.1 zone. A conditional use request to allow outside storage in an 1-1 zone and also parking stall and driveway design. Lj Lim- NONTICEUA) ZONING ORDINANCE 158-4: CONDITIONAL USES: The following are conditional uses in an "I-1" district: (Requires a conditional use psrmix based upon procedures set forth in and regulated by Chapter 22 of this ordinance). (A) Open and outdoor storage as an accessory use provided that: 1. The area is fenced and screened from view of neighboring residential uses or, if abutting a residential district, in compliance with Chapter 3, Section 2 (G), of this ordinance. 2. Storage is screened from view from the public right-of-way in compliance with Chapter 3, Section 2 (G], of this ordinance. 3. Storage area is grassed or surfaced to control dust. 4. All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance with Chapter 3, Section 2 (H),' of this ordinance. 5. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. �'3 P> If Stall aisle and driveway design requirements as noted in (k) Surfacing, (o) Curbing and Landscaping, and (r) Curbing, may be lessened subject to the following conditions I. Any reduction in requirements requires completion of the conditional use permit process outlined in Chapter 22 of this ordinance. ii. Final approval of parking and driveway drainage plans associated with conditional use permit request shall be provided in writing by the City Engineer. Engineering expenses greater than portion of building permit fee allocated for engineer plan review shall be paid by applicant prior to occupancy of structure. iii. A surmountable "transition" curb or cement delineator must be installed as a boundary between an outside storage area and a parking or drive area. iv. Development of a curb along the boundary between a parking area and an area designated on site plan for future parking is not required if said curb line is not needed for drainage purposes as determined by the City Engineer. V. Exceptions to the standard• curb requirements do not apply to any parking or driveway perimeter that runs roughly parallel to and within 20 feet of an adjoining parcel. vi. This conditional use permit is allowed only in I-1 and I-2 sones. vii. Drive areas that are secondary and not used by the general public and not used for routine delivery of goods or services do not require hard surfaeing or curb unless hard surface and curb is needed for drainage purposes as determined by the City Engineer. Access to such drive areas may be restricted by a gate whicthmust be closed after each use. At such time that routine use is noted, the drive area shall be paved. 110NTICELLO EONIN ORDINANCE (0192, 7/9/90) -7,Q v Council Agenda - 6/12/86 Motion to approve conditional use permit request to allow expansion of an ambulance garage. Motion to deny approval of conditional use permit request. Motion to approve conditional use permit request with conditions. The Planning Commission recommended approval of the conditional use permit allowing expansion of the ambulance garage for the following reasons. Even though perking is a problem, the two -stall ambulance garage expansion will result in the loss of only two parking stalls, which should not contribute seriously to the parking problem. According to Barb Schwientek, the Hospital District remains committed to development of the interim plan identified jointly by the City and Hospital District in 1893, which will ultimately correct the parking problem for the uses now in place. This plan is to be executed subsequent to the planned widening of Highway 76, which is planned for completion within the next 3-6 years. City Planner's report; Site plan of the interim plan for hospital parking per 1993 study will be shown at the meeting. rN JLN 17:1b Nal �— I w Northwest Associated Consultants, Inc. C Ya ■A N P LANNI NG - ens lel N • MARKET RE sE A A C N 1VII+MORAMUM TO: Monticello Planning Commission FROM: Stephea Guttman DATE: Jane 1, 1995 RE Monticello - Hospital District Conditional Use Permit FRE N0: 191.07 - 95. BACZGROEM The Moaicello - B* Isle Hospital District is requesting approval of a Conditional Use Permit which would dim Bre escpantba of rho ambob= garage at the HospiW ampas. The property is subject to a Dong tecta devdopment plan which is governed by a Planned Unit Develapmem. PUD permit approvals at given by Cold Use Ptrrmit. UXIA1'V The Hospia Maki has imWUW a program by which these are ambulance empWyees an duty 24 bouts a city. rte, ffio smbulaooe Empty= were on call, and as sw%, regained parking apron im wdWvly aq)aeatt w tate ambulance garage when they cam in to nVoW to a requau for amthasnee auvim Since the timinj is so longer cdtit:al for the ambubm aperatbns, the HoaplW Dimiet would lilm to replace two pMdag spaces with enclosed ambulance gang am. Tho concsmm which this request presents is the ioawe in the demand on the main employee puking area. Ambubnoe employees will new put in the main areas when parking space are already in shots maly. 7U long term plan for the EkmpiW campus was deslpted to accommodate a coordinated a ptrulon of the Hovinl facilities. and at the same time, permit a phased eqansion of the puki g areas sat u to grub ally get to a point at which the puldrq wpply 4f- 5775 Wayzata Blvd. • Suite 555 -SL Louis Park. bW 55418 • (812) 595.9838•Fax. 595.9837 JUN -01-1995 17:1e Nil. was adequate to save all uses on the site. The elimination of even a Lew spaces, and the relocation of the demand to other areas, would be counter to the Intent of that plan. At the very least. the Hospital should consider rapladag the lost spaces by expanding the other pasi3ng areas in ocnformaaoe with the concept plan. Additional parld to satisfy some of the current pasiong shortage could also be considemd in comiection with this project While much of the campus plan was dad into the County's ty's improvements of County Highway 75, that imprvvemem was eat made a aitical component of the campus plan. As the use of the Hospital site continues w increase, incremental increases in the patting apply should be made. Conditional Use Pe®its ase to be reviewed according to the following factors: 1. Relations to the Comprehensive Plan. 2. Geographical area involved. 3. Tendency to dcpedats the area. 4. Charade of the surrounding arra. S. Demonstrated need for the use. These is no doubt that the use of the ambular>ce garage L cooaiste at with the long tarn use of the property, and the ara. however, the parking situation, has already been a problem, and relocating existing parking to overburdened parting Iota could add to the coaasm in the area. Mitigating the Ions of parking would be consistent with the Ordim m regah,ments for the coadduration of Conditional Use Ptecmits, and well as the Hospital ampan plan. The Planning Commission must make a finding of fact an these issues as a part of its recommendation. ALTERNATIVE DECISIONS Dedsias A. Approval of the Conditional Use Permit to expand the ambulance garage on the Mooticello-14 Lake Hospital property u PMPoaed. Deddon B: Denial of the Conditional Use Permit to expand the ambulance garage on the Monticello -big Lake Hospital property. Drddoa C: Approval of a Conditional Use Permit to expand the ambulance garage on the Mamlodlo-Blg Labe HospiW property. subject to cis. RECOMMENDATION As noted in this nV01 , aro would not approval of the expansion of the ambulance gatttge without, at a mWmura, the replacement of the lona parking spaces. The Hospital campus plan was designed to permit an incremental Increase In the parking t Wly In the MOW area, evennAlly dlmlmting the patting dd1ch which ooa exists. Asa rani. we would reoommend that any approval of the ambduce garage's expand— In conditioned upon a net Increase in overall Hospital campus parting, consistent with the approved long term c=4+t plan Council Agenda - 6/12/95 W „ ,n• 17:,. -r, . , Please see the attached Planner's Report for detail regarding these requests. Please note that decisions relating to signage were tabled by the Planning Commission at the previous meeting and will not be considered by City Council until the meeting scheduled for June 26. The items that Council is requested to consider pertain to the rezoning and the conditional use permit allowing outside sales from wagons. DE'cum ONE - CONSIDERATION OF REZONING FROM PZM TO B4 Motion to approve rezoning based on the finding that the proposed rezoning would be consistent with the present and future land uses in the area. Motion to deny the rezoning. DEcmoN'Iwo - CONSIDERATION OF CONDMONAL USE PERMIT Motion to approve conditional use permit allowing outside sales from wagons, subject to the condition that the wagons be located on the westerly side of the parking lot outside of areas identified for parking and conducted in a fashion that does not diminish perking capacity. Motion to deny the conditional use permit. Planning Commission and staff recommend alternative ql under Decisions 1 and 2 above. Please note that it was not reoognized that the facility is located in a PZM zone until weeks after the remodeling of the clinic had begun. It was truly a surprise to find that this property was placed in a PZM zone. It is our view that the proposed rezoning corrects an obvious problem in the zoning map. Planners Report; Application materials. JrN Northwest Associated Consultants, Inc. Cj URBAN ►l ANNI NO • DESIGN • MAaKa T A E taA AC N MIIKORAMUM ... TO: Plmniog Cominimim FROM stepbm fhit mn DAM' Jum1, im (staff revision June 8, 1995) RL' manriallo - River sum stub FIIS NO: 191.07 -95.11 BACKGROLM Owam of me ballQlns Is the im®oNm of Highway 23 tad Riva Strut have %mired for a series of approvals rdatlag to me conversion of that boildin to a malC O to= ctlmmmial bull ft, hrrbrditlg andgm Bale% moms affim usm End catdw fs>mds mallet aft. Mm dte is cuumdy mood Padmmaoos Zom - ldbted OrLhO. M dimly is Mudared to dow primarily faldwlial and Iowa icy commercial utas. ANALYSIS RsmakS zbe nmlos request b lmpae toot to coosldar 1iru. dace u t/m atietx um diapodtion d some of the other appihmdans Bach of the Sve bloc a l m l i m m Unn and Palm Sheets is split between PZM and B-4 Zoatog. wkh PZb1 on the hdf blocks facing River street, and sl on the Galt b1mb ficins Broadway. B app ers that this aodq pan= may have boon c abliahod to tmuitim ben eea the more inum dowuwwn cmnm= l arca to tha R-1 Dlstda whkh faces most of the Idtsalafwl Riva. 5775 Wayzata Blvd • Suite 555 - St. loris Park. MN 55416 - (612) 595.9M -Fax. SVI-M7 /0,//,* On this particular block, kmnver, the dues frontage is part land ratlror than mtMruoal In add—, the keg term land use d this ma. 8 the dvcdwu, maybe transitioning to more a rgpoz al commercial nature (am Comptehensive Pian matrrds ander a rspaete agenda ium). For this arra, thme has been diisorssioa d a tease of the doarntoan area as a site for eatwAiarmnt and tmcrtudonal related land ass. A zoning which rdkas thrt intent would most a., be designated B4, rwba than Md or R-1. Rewmags are to be considered according to faa7nm which prtmutily "-In& the hap a an the area, and the guidecei of the Comprehensive Phan. A findipg that a 114 momag district would be most eomalsted with the long term forum land arm of the area would support the reaning nquated has. Cand1dond Un Pond4 Farmer's Market Cam The aprpdi-- wishes to q=W a'farm es mariner' an an outdoor sakes cart. rte proposed loeatim of the art would be on the River Suw frarmge of the p mpvty. Outdoor said Is allowed in the E" Disuict (but ens the PM Disw) by Ceod'itinml Use Permit.. 7U Ordim m zegahes flue eooditdoas be met in order to eontlder the approval of such a permits, mese are at follows: - 1 ollows: 1. Outside Wes ate limited to thirty petmnt of the size of the pdmdpal use of the Property (which may be increased by the t^1q). 2. Ovide sales ams are fenced ad screened fmm view of neighboring resideatial ora or disuim I IJghting is hooded, and will not cart a Sit= on mideattial stns of pubis atuaun. 4. rte ulna uea is grassed at naficed to control dust. S. Chapter 22 Ptovition (Conditional Use Petah admiafauathm section) ate met. Each of the first four conditions would be mat under tshe prWmd plea. Tse Chapta 22 provisions include candderatieo of the aumoumding aeighbottood lead utas, and the proposal's irttpaet an the area. In this care, the proposed ret would be located an the River Surma adde of the bulldog, wham them is no new to dr-stisu psift Mo. any traiiie copping to pat rw&a the '-a would be parking on the strew. A mm It location for this use, if it warm to be allowed, would be at the northwest comer of the site, wham it would be accessible from bah the property's patting lot, and the tmrdclpal padding Its to the west. With this telocadon, the can would moa the MQat mems d the Zoning otdlaaeoe. DECISION AL7UNA77M Dnaddon I A. 71s Raaatng fzaa PZid to 111-4 should be aflmr4ed, upon a finding that such a msaalrrg would be comsistrat with the prment and tat ue land uses of the alma. B. no Razoaing from PZM to S4 should not be approved, upon a finding that the eunew sonfag best paotecta rho present and fine led tram. as well U the riverfrom Dteddon 2 A. The Cotdldoml Wim plrstmit for Outside Sala abmsid be apptmved U submitted. upon a iiadiog that the use will meet all applkable sandtds, sad will be condttetu with be rmundiq hod used in the ams. 8.7be CoodWmd Use Permit for Outside Sales abate! be approved, roaditkeed apron a telocatloo d the oks stn to a dem whish is a6w of to the oft -tams paddq ams d do ptupaty, upon a Rodittg that ft use will be comdatmt with the area load uses, and will no ovesbutdm the pmbde sum u or patting In the nighbotbwd. C. 7be Condidanl Use Penh tat Outside Un ahoald be dented, upon a flodinj that the use will be inotnuisteot with the loop tam hind ere plan for the ate. RBCOMWINDAMON The River Sanas Sodom would appear to be a podd" s &m— to the dDwnwwn commadd area, patf milady In H& of the possible loos team sue of 8m txatal bst6m dinda as an ., , „ i,.. ar roneatbrt destioa<loo As =14 aro would m mm mood approval of the of the pamd to BA am the Conf'dlo nal Use pe a t for the Farmer's Madoet Cart. subjea to Its rdocadon to a site whh ncaft otf-saeet parking. io AU r RIVERSTREET STATION L.Z.P. Planning Comission recommended moving the Farmers Market site to the SW side of the building to avoid traffic problems on River Street. RIVER STREET 13282 ■r Ad 1 plvEq:<iTREET STATION I °s _� �r+. r I ,,.e E. man —C) C a9-1 § _ z_ < 9.1I 1 I /6 et,r t r58 . «...., 46 ZQ I I p I 9 1 ,0 I I I .. i I I t 1 rz. Council Agenda - 6/12(95 (J.O.) Dave Peterson requests that the City consider approval of a request to expand the outside sales area of the car dealership. The amendment to the CUP is needed because the existing CUP allowed an outside sales area that is 7.5 times the area of the principal structure(s) on site. According to the measurements provided by Peterson, the sales area after the expansion will be approximately 159,000 sq ft (3.6 acres), which is 9.6 times the area of the principal building. The expansion of the site as proposed appears to be consistent with the land uses in the area and does not appear to present land use related problems. Storm water management is not a problem due to the fact that Peterson recently funded a City -installed storm water project ($43,000) that enabled full development of his land as proposed under the CUP request. LANDSCAPING The most significant issue relating to this request pertains to the landscaping requirement. The original project approved in 1977 was approved prior to the city landscaping ordinance. Now that an amendment to the CUP is requested, it is appropriate to require additional landscaping in keeping with the ordinance now on the books. According to the ordinance, the site area results in the need for 38 overstory trees. This requirement can be reduced by up to 50% in exchange for planting of shrubs and other low-level landscaping. According to Peterson, he is supportive of meeting city landscaping requirements; however, he is concerned about the potential of trees blocking the view of his vehicles. He has also noted that in the near future, he plans on completing a major improvement to his showroom and existing outside sales area. Detailed plans for the upgrade show improvements to the outside sales area that include landscaped islands and tree plantings along the exterior of the remodeled structure. Peterson is concerned about city requirements to complete the landscaping requirements today when it is likely that within a year he will be making additional landscaping improvements in conjunction with his planned expansion. Perhaps it make sense to require partial compliance with the landscaping requirement at this time and require tWl compliance at such time that the Council Agenda - 6/12/95 dealership is upgraded. Under this concept, Peterson would plant trees in areas that do not cause an obstruction of the view of vehicles for sale and in areas that will not be impacted by the proposed expansion. Such areas would include the southern and western boundary of the property. Motion to approve an amendment to a CUP which would allow an expansion of an outside sales area subject to the following conditions: Sales area must meet conditions as identified in the city ordinance. At least _% of the tree requirement must be met with the expansion of the sales area at this time. Full completion of the landscaping ordinance must be achieved within the next 24 months or prior to granting of occupancy of proposed remodeled facility, whichever is sooner. Motion to deny an amendment to the CUP allowing expansion of an outside sales area. C. STAFF RFA FNDATION: Staff recommends approval of the CUP as requested with the provision that at least 30% of the landscaping be installed at this time (13 trees). Council may wish to add a provision that requires Peterson to establish a cash eacrow with the City to guarantee installation of the remaining landscaping in the event the facility is not expanded as proposed, With regard to Peterson's concern about trees blocking the view of his vehicles from Highway 26 and Oakwood Drive, this should not be a major problem because the city ordinance does not dictate where trees are planted. Peterson is at liberty to situate trees in areas that will not obstruct the view of his vehicles. Such spaoc can be found along the property lino with the parcel to the south and along the Sandberg Road property line. In addition. 50% of the tree requirement can be achieved via landscaped plantings which can be strategically located to complement and not block the view of vehicles for salo. n_ SUPPORTING DATA: Various correspondence; Copy of site plan - sales area expansion; Copy of site plan - proposed remodeled facility; Excerpts from the ordinance governing outside sales. Is 7-)- � yf 250 East Broadway P. O. Box 1147 Mondcdlo. MN 55362.9245 )lIE10 Phony (612) 295-2711 Metro: (612) 333-5739 Fax. (612) 295-4404 TO: Mr. Dave Peterson FROM: Jeff O'Neill, Assistant (k� DATE: May 30, 199b RE: Conditional use permit (CUP) needs analysis Terms of existing CUP allows the outside sales area to be no larger than 76096 of the salsa/office/garage area. See attached letter of May 19,19M, and meeting minutes of November 7, 1977. Current configuration: Main bu�ldiw. Lower level sq R 12,000 Upper level sq ft 4M Mim storage aq ft B00 TOTAL 16JM Multiplier 7.6 TOTAL SALES AREA ALLOWED 129,760 Existing sales lot acreage (est.) 4 Fzlating sales lot wpm" tbotage 1741240 Deficiency 60,490 /a A Memo Dave Peterson May 30, 1995 Page 2 Summary: Based on the estimates of land area in buildings and outside sales, the present site is over the limit in terms of the amount of outside sales erea allowed under the original CUP issued in 1977. New expansion of the outside sales area will require an updated CUP. Following is a proposed schedule for applying for an updated CUP: June 13 Completed site plan and applicatim - Site plan must show location of aU buildings, parking, and sales area Also, site landscaping should be ioduded. June 19 Public hearing notices prepared by City staff July 3 Planning Commission conside atim July 10 City Council consideration I suggest that we get together in the next few days to revieev the ft rmation req d emente, landsmVing, drainage, and grading, etc., prior to preparation of application materials. Please all me to set up a meeting. I suggest that you delay installation of the blacktop until the review process is completed. Please note that Buffalo Bituminous will be working in the city bar into the summer an the pathway project oc Rick WolfWAer. City Administrator Ck" Aodereon, Buildiag Official John Simola, Public Works Director Wanda Kraemer, DST File M q 3-018 250 East Broadway P. 0. Box 1147 Monri-A , MN 55362.9245 MEMO Phone: (612) 295-2711 Memo: (612) 333-5739 Fax: (612) 295-4404 TO: Gary Anderson, Rick Wolfsteller, John Simola, Dave Peterson, and Bret Weiss FROM: Jeff ONeill, Assistant Admioistmtoi:�O •/K� DATE: May 19, 1993 RE: Parking lot expansion at Dave Peterson Ford dealership On Wednesday, May 19, John Simola and Jeff ONeill met with Dave Peterson to review his plana for expansion of his parking lottoutside sales area Following are issues addressed and conclusions drawn. STORM WATER DRAINAGE Peterson explained that a major portion of the remaining unpaved property will be paved. The low portion of the remaining unpaved area will become a storage point for storm water runes _...._ . It was concluded that the plan for paving a major portion of the unpaved area is acceptable; however, a method for dealing with the storm water run-off that will pond in the undeveloped section of the property needs to be developed. Initially, it appears that a beehive catch basin can be installed to allow metering of water into the nearby 12 -inch storm water line currently in place along Sandberg Road Simola noted that direct deposit of water into the Sandberg Road storm water system would not be possible bemuse the system is not sized to handle run-off &am the Peterson property and was originally intended only to serve Sandberg Road and the property developed by Rant F4dIberg with the Plaza Partners development. Simola indicated that he would discuss the matter with Bret Weiss to determine a short- and long-term solution to the problem. It appeared that a long-term solution could ultimately include the need to develop a larger storm water system extending from the southwest corner of the Peterson property to the west Detail design and cost of this system need to be worked out sa C-11 Memo Parking Lot Expansion Dave Peterson's Ford Dealership May 19, 1993 Page 2 CURBING Peterson indicated his plans for development of 6 -inch insurmountable curb along the west and east sides of the parking areas. He showed O'Neill and Simola the alignment of the curb on the west side of the property, which was proposed to be 3 ft inside of the position of the stake. Simola stated that it appears that the location of the curb as proposed meets the 5 -ft setback requirement. CONDITIONAL USE PERMTNARI[ANCM O'Neill informed Peterson that the original conditional use permit granted in 1977 allowed outside sales area that is 7.5 times as large as the principal building on the site. (YNeill asked Peterson to calculate the total square footage of the principal building, including both lower and upper floors, and calculate the total square lbotage of the outside storage areas. If outside storage is more than 7.5 times the area of the principal buildings, then he will need to obtain a conditional use permit from the City. I informed him that if a new conditional use permit was necessary, it would be likely that the would need to comply with landscaping ordinances that were passed since the original conditional use permit was issued in 1977. Peterson indicated that if a requirement of the conditional use permit is to install landscaping, he would do so if trees could be planted at locations that would not cause visual obstruction of outside sales area. CVNeill indicated that tree planting locations could be selected to complement and not conflict his use .of the property for outside sales. CVNeili indicated that it did not. appear necessary to halt the project pending acquisition of the conditional use permit If you should have any questions regarding this summary, please give me a call. ; a*b