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2013-02-06 PACKET 00 5:30 WORKSHOP
REQUEST OF CITY COUNCIL ACTION Iawa7_1: COUNCIL MEETING DATE 2/6/2013 Economic Development ORIGINATING DEPARTMENT AGENDA ITEM # WWI 4 Danette Parr 0 DEPARTMENT HEAD COUNCIL ACTION REQUEST Joint Workshop with Planning Commission and Economic Development Authority Regarding West Point Douglas Corridor Development. STAFF RECOMMENDATION BUDGET IMPLICATION: BUDGETED AMOUNT ACTUAL AMOUNT ADVISORY COMMISSION ACTION DATE REVIEWED APPROVED DENIED ❑ PLANNING 11 F F PUBLIC SAFETY ❑ ❑ ❑ PUBLIC WORKS F] PARKS AND RECREATION ❑❑ ❑ ❑ ❑ HUMAN SERVICES /RIGHTS ❑ ECONOMIC DEV. AUTHORITY F] ECONOMIC ❑ ❑ ❑ ❑ ❑ ❑ SUPPORTING DOCUMENTS ® MEMO /LETTER: Memo from Danette Parr. ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: Attachment. ADMINISTRATORS COMMENTS / feot� e", City m — in istrator Dg to http: / /intranet/city- council /council - action.doc CITY OF COTTAGE GROVE MINNESOTA To: City Council, Planning Commission and Economic Development Authority Members Date: January 31, 2013 Subject: West Point Douglas Corridor As the City Council, Planning Commission and Economic Development Authority are aware, the roadway extension of West Point Douglas, along Hwy 61 (between 80 and Jamaica -map below) serves as a highly visible corridor for our community. For that reason, it's especially important that any future development /redevelopmentreflect thoughtful consideration. To assist the CC, PC, and EDA, City staff has compiled the information contained in this report and additional information that will be shared at the February 6 th workshop. It's our hope that this material willanswer questions, while also encouraging acandid discussion related to this important gateway toCottage Grove. The February 6 "joint workshop is only the first step in what will likely be a larger process. The next steps will depend on the feedback received at theworkshop. It would be most helpful for staff if the following objectives could be met as a part of the workshop: • Assure that everyone has a clear understanding of the current land uses that are permitted in the existing zoning districts along West Point Douglas and give staff direction as to if other additional land uses should be considered. • Evaluate potential alternative access points to West Point Douglas from Hwy 61 and provide an understanding of what the financial implications would be for the alternative options. • Discuss the next possible steps in the process and if it would be appropriate to create a "redevelopment district" to more closely evaluate ways to overcome challenges in the area, while providing specialized provisions for this new district, such as enhanced architectural /exterior material requirements (depending on the ultimate land use), etc. • Gain direction related to nonconforming structures in the corridor. West Point Douglas Corridor — February, 2013 Background The West Point Douglas subject area is made up of approximately 163 acres. The corridor is comprised of a mixture of land uses. Within the 2.85 miles of frontage that makes up the corridor, it contains a mix of commercial /retail, service, showroom, office, municipal, medical, nonconforming residential structures, vacant buildings /sites, a busing facility, a park and ride surface parking lot, and other miscellaneous uses. It's also important to note that development/redevelopment within the corridor can be seen as challenging due to factors related to an existing rail line, ponding, wet areas, easements, and access limitations. The parcel map below outlines (in green) the parcels that make up the corridor, as well as the rail line (in red) that extends throughout the corridor, and wet areas (in blue). Each individual site within the corridor is unique. For that reason, an aerial map depicting each parcel has been attached to this packet. You'll note that each parcel in the study area has been highlighted and assigned a unique number (shown in white). That unique number correlates to the number reflected on an informational sheet that gives photos and details related to each parcel, which is also attached. History Over time, the corridor has evolved. The 1963 Official Zoning map zoned the properties along West Point Douglas Road from 80 Street to the northwest boundary line of the TCF National Bank site (former All Seasons Golf Dome and Par 3) as B -3, General Business District and 1 -3, Heavy Industrial District from the TCF National Bank site to the west boundary line of the Public Works site. The Langdon neighborhood (east of Public Works) was zoned R -4, Low Density Residential. In 1976, the Official Zoning map zoned the properties along West Point Douglas Road from 80 Street to the northwest boundary line of the TCF National Bank site (former All Seasons Golf Dome and Par 3) as B -2, Retail Business District and 1 -1, Limited Industrial District from the TCF National Bank site to the west boundary line of the Public Works site. Properties along West Point Douglas Road in the Langdon neighborhood (east of Public Works) was zoned B -2, Retail business District and the residential properties south of the commercial uses along West Point Douglas Road was zoned R-4, Low Density Residential. In 1996, the Planned Business District was created and the strip of land zoned 1 -1, Limited Industrial District along West Point Douglas Road, between the John Bailey homestead site (7858 West Point Douglas Road) and Jamaica Avenue was rezoned to Planned Business District. Current Zonin West Point Douglas - Percentage of Area by Zoning Classification: MAG ZONING DISTRICT TOTAL ACRESE D� R -4, Low Density Residential District 23.82 14% B -2, Retail Business District 73.71 45% P -B, Planned Business District 50.38 31 % 1 -1, Limited Industry District 15.05 10% TOTAL ACRES 162.96 100% The majority of the district is within two zoning districts, B- 2(Retail Business) and P- B(Planned Business District), which are described below: B -2: Retail Business District: The retail business district (B -2) is to encourage retail sales and services by grouping businesses in patterns of workable relationships to minimize the influence on surrounding residential neighborhoods by limitation and control of permitted uses. P -B: Planned Business District: The planned business district (P -B) is intended to provide for the mix of suitable retail, commercial and industrial uses which are complementary and ancillary to the Cottage Grove industrial park. The district allows for a blend of manufacturing and retail uses which have significant customer interaction. The permitted, conditional, accessory, and interim uses for the B -2 and P -B districts are attached to this packet for your reference. The current zoning is reflected on the map below: The allowed uses within the existing zoning designations are consistent with the 2030 Future Land Use Map, which is shown below: Legend .City boundary Mississippi river J A - Agricultural Rt Rural Residential Low Density Residential i O � ^ Mad Density Residential Cottage Grove (�,� - High Density Residential Future Land Use 2030 7 ls ® Mixed Use O - Commercial - Industrial - Transition Planning Area Parks /Private Open Space - Golf Course Mississippi River W J Q When we consider the zoning of the corridor, to some degree, we are also considering the aesthetics of the corridor. Different zoning districts may have different regulations, such as different building heights, setbacks, exterior materials, etc. When contemplating zoning for a highly visible corridor such West Point Douglas, it's important to consider what impression people will be left with as they drive through the area. Other aesthetic enhancements that can be utilized in any zoning district are such things as landscaping and hardscape amenities. Some examples of exterior materials that are indicative of certain land uses are shown on the following page. Staff would like to discuss these further at the workshop. Commercial Corridor Warehouse /Showroom Light Industrial r -41 5 1� Market Demand While it's important to consider the zoning and aestheticsof the West Point Douglas corridor, it's just as important to understand if the chosen land use designationwill be supported by market demand. With recent additions of commercial land to our market, such as Shoppes at Cottage View, and the continued issue of persistent vacant space along West Point Douglas, it would appear that market demand is lacking in relation to commercial (at least as the corridor currently exists). Developers and brokers familiar with the West Point Douglas corridor most commonly mention the following impressions of the area: • The corridor has good visible exposure to Hwy 61. • The corridor along Hwy 61 has good traffic counts. • The site has access issues that deter development, especially as you get further from Jamaica Avenue. • Commercial is difficult on West Point Douglas. • The diversity of uses is a hindrance to development (not cohesive). • The railroad tracks are often a deterrent to commercial /retail /office development. • The depth /shape of the parcels can be problematic. • The economic downturn in the market made development difficult. Value /Tax Implications The value of the site (land and building), and ultimately the tax revenue generated by the land use, is based on a number of factors. Staff would like to spend a little time during the workshop discussing how the various factors impact the value and ultimately the taxes generated within the corridor. Access The engineering firm of Bolton and Menkwas hired to identify and analyze future access options for the corridor. We asked the consultant to consider the following aspects: • What access options are viable? • What cost is associated with each option? • What limitations and advantages exist with each option? • What level of service can each option expect to provide? The study is attached and details the four options and estimated costs. The consultant will be on hand to discuss their findings at the February 6 t " workshop. Nonconforming Residential Structures Often, when uses within a corridor have evolved over time, it's not uncommon to find nonconforming uses (such as existing residential structures in the middle of commercial areas) for a period of time before redevelopment eliminates the nonconformities. In the case of the West Point Douglas corridor, there are five residential structures within the commercially or industrially zoned areas of the study area. The one exception to this is the residential dwelling at Acorn Mini Storage which was permitted as part of the conditional use permit approval for this storage facility. The Acorn Mini Storage is located in the 1 -1 district and this residential structure is located on 3.36 acre, which occupies approximately 22 percent of the 15 acres of land zoned 1 -1 in the West Point Douglas Road corridor. Four residential structures are non - conforming structures /uses because they're located on properties zoned B -2 or 1 -1. These four residential properties are zoned B -2 and have a cumulative acreage of 7.1acres, or about ten percent of the land zoned B -2 in the West Point Douglas Road corridor. The no- conforming residential uses are shown on the below map: Non - conforming Residential Uses /Structures X7858 West Point Douglas Roads; 8625 West Point Douglas Road 177 8819 West Point Douglas Road 9501 Islay Avenue 8991 west Point Douglas Road Vacant Land The West Point Douglas corridor has numerous vacant parcels. There are also a number of vacant buildings along the corridor. Two of the most noteworthy are the former Majestic and Rodeo /Rush buildings. The City Building Official Bob LaBrosse and Senior Planner John Burbank have visited the vacant building sites and their memos are attached, which detail their findings. Developed vs. Vacant Land by Zoning Classification: ZONING NUMBER OF % OF NUMBER OF % OF TOTAL DISTRICT DEVELOPED PARCELS VACANT PARCELS ACREAGE PARCELS DEVELOPED PARCELS VACANT R -4 District 24 (21.41 acres) 90% 2 (2.41 acres) 10% 23.82 B -2 District 20 (54.27 acres) 74% 6 (19.44 acres) 26% 73.71 P -B District 19 (24.26 acres) 48% 4 (26.12 acres) 52% 50.38 1 -1 District 5 (15.05 acres) 100% 0 (0 acres) 0% 15.05 68 (114.99 acres) 71% 12 (47.97 acres) 29% 162.96 MOOT 1.48 ac. I MNDOT 8.81 or. I 6th Street Ventures 2.8 ac. Entertainment Concepts 2.97 8C. F.rttI11 _ _ EMertaintnent Concepts 14.86 ac. TCF National Sank 18.56 se. St. Pad Land Resources 25.34 ac. LECPEND Vacant Land Vacant Building and Land ® Public Parks ISD 833 Properties 'Cottage brave EDA 1.61 ac. 9165 Paint Oauglas LLC 9:27 so. I Cottage drove EDA 6.6 oc. Additional Thoughts for Consideration As a part of evaluating the various aspects of the West Point Douglas Corridor, it would be helpful for workshop participants to consider the following questions and be prepared to discuss them: • What types of land uses do you envision along the corridor? • Do you believe any additional land uses should be permitted in the corridor? • Do you believe any of the four alternative access options should be evaluated and considered further? • Do you believe the City should take steps to create a "redevelopment district" to more closely evaluate ways to overcome challenges in the area, while providing specialized provisions for this new district, such as enhanced arch itecturalrequirements, etc.? • How should property owners along the corridor be actively brought into the process at future stages? • How should the City respond in cases where nonconformities become available for sale? (M GROWTH PARTNERS AA S 5 o• _ i �♦ L V , Tli, _t F� 4 �` Ire rr-,. Ow t . { _ _ _ . •\ _� r4 yr` r ��:i �re xn i �;; n_ ' ,, /•__ a -•� ry �+ to City of Cottage Grove Minnesota West Point Douglas Rd. S. N W E S vry .g rowthpaitnemcg.com Community Development 12542 Property Number: 3 _114 2.18 6,619 Occupied Commercial B2 $261,400 $248,800 $510,200 82 Owner Youth Service Bureau Inc. Property 7064 West Point Douglas Road South Address PLAT - - -./, 6 � �R�• .,,� .t � - Y `fir_ c ', � �►. +}� .' -. Lei � ':�,� ��, Property Number: S M [M M „ @, I a Pro 12.94 0 Vacant Commercial B2 $1,127,600 $0 $1,127,600 0 Owner TCF National Bank Property 7552 West Point Douglas Road South Address ^, r 6 v4 1.� V `t ti Xa \AnTA' PACTFTf RATTIVAY :IilT1TTT(l Property Number: 30 7.3 0 Vacant by Mixed Use B2 $195,200 0 Owner Cottage Grove Economic Development Authority Property XXXX 96th Street South Address 4. $195,200 N/A m 20 _ . -.. 14 I_ :.:.4 � ., 4. $195,200 N/A m ARTICLE B. COMMERCIAL DISTRICT USES 11- 106 -1: PERMITTED, CONDITIONAL, ACCESSORY, AND INTERIM USES: 11- 1013-1: PERMITTED, CONDITIONAL, ACCESSORY, AND INTERIM USES: A. Purpose: The use table as provided in this section depicts the classification of land uses within zoning districts. B. Table Key: The following labeling applies to the table in this section: 1. Uses Defined: Uses are often defined in section 11 -1 -3 of this title. Uses not defined are subject to standard dictionary definitions. 2. Permitted Uses: Uses identified in the zoning district column with the letter "P" are allowed as permitted uses, primary or accessory, in the respective zoning district. 3. Conditional Uses: Uses identified in the zoning district column with the letter "C" are allowed as conditional uses, primary or accessory, in the respective zoning district. Conditional uses must obtain a conditional use permit prior to commencing. 4. Interim Uses: Uses identified in the zoning district column with the letter "I" are allowed as interim uses, primary or accessory, in the respective zoning district. Interim uses must obtain an interim conditional use permit prior to commencement. 5. Accessory Uses: Uses identified in the zoning district column with the letter "A" are allowed as accessory uses in the respective zoning district. Accessory uses must not occupy more than twenty five percent (25 %) of the total floor area on a site. 6. Prohibited Uses: Uses not associated with a letter in the zoning district column are prohibited uses in the respective zoning district. 7. Standards: For ease of reference, uses for which specific standards apply include a reference to the applicable code section. C. Use Table: Zoning District Use Type B -1 B -z B -3 P -B - -B References Accessory structures or uses other than those listed as C C C C C permitted Accessory uses or retail sales which are customarily incidental and clearly subordinate to the use A A A A A primary Adult uses F-F Title 11, chapter 5 Agricultural uses F P FP Air conditioning and heating sales and repair establishments P P Amusement center F F F I Any incidental repair or processing necessary to conduct a permitted use; provided, that such A A accessory use shall not exceed 30 percent of the floor space of the principal building Any incidental repair, processing or storage necessary to conduct a permitted principal use; provided, that A A 11 -10D -2 such accessory use shall not occupy more than 20 percent of the gross floor area of the principal building Appliance and electronics sales and service P P P P 11- 10D -1 11 -10D -2 Armories, convention halls, sports arenas and C C stadiums 'Assembly and packaging (inside a building) F—F-1—F—PF— 11 -10D -1 Auction establishments, indoor only (including storage), and not for livestock, motorized vehicles, or C C farm implement equipment Auto body repair ���� C 11 -10D -7 Automated banking machines F A �F�A 11 -10D -2 Automated car wash in conjunction with principal use A A A A 11- 10D -1 11- 10D -2, 11 -10D -3 Automobile car wash (drive- through, mechanical and self- service) C C C C 11 -10D -3 Automobile fluid maintenance station P P P P 11- 10D -1 i 11 -10D -2 Automobile, motorcycle, trailer, recreational vehicles, P P 11 -4 -1 11- boats /marine, and farm implement establishments for 4 -9 display, hire, service, rental and /or sales conducted entirely within a building, including, as incidental to these major uses, all repair work in connection with their own and customers' vehicles F—F–F—F—F— Automotive, motorcycle, trailer, recreation vehicles, C 11- boats /marine and farm implement establishments for 4 -9 display, hire, service, rental and /or sales conducted outside a building Automotive towing F—F—F—Fc-F—I 11 -10D -1 Banks and other financial institutions with a drive -up C C C C C 11- 10D -1 window 11 -10D -2 Banks and other financial institutions without drive -up P P P P P 11- 10D -1 window facilities 11 -10D -2 Barbershops or beauty shops P P P P P 11- 10D -1 11 -10D -2 Bicycle racks and transit shelters A A A A A 11- 10D -1 11 -10D -2 Bingo games and gambling P P P Title 3, chapter 2 Blacktop or crushing materials for roadway materials F I F F Body art establishments provided the use complies P P with all licensing requirements and is separated by a minimum of 500 feet from the property line from other body art establishments, adult uses, and educational institutions Branch post office or shipping supplyP P P rF P 11- 10D -1 11 -10D -2 Building materials; provided, that they are conducted P P 11 -10D -1 entirely within an enclosed structure Buildings temporarily located for purposes of A A A A A 11- 10D -1 construction on the premises, for a period not to 11 -10D -2 exceed the time necessary to complete such construction Bus passenger depots /terminals F_ F F F c- F_ 11 -10D -2 Business or vocational schools j C C 11 -10D -1 Business services and offices, including accounting, P P P P P 11- 10D -1 advertising, auditing, commercial art, computer 11 -10D -2 I mailing, photocopying, and public relations ����� I services, Business signs FA FF A F A Cabinetmaking ���I ' 11 -10D -1 f Cafeterias not open to the general public 11 -3 -9 Commercial recreation uses as listed below: A A A A 11- 10D -1 Amusement centers where mechanical, electrical and electronic games are played FFFF 11 -10D -2 Carnivals, circuses or festivals FFf I F I-F- � Casket supplies and monument sales [—F—Fp I 11 -10D -1 Catering establishments F F F P - 11 -10D -1 Christmas tree sales lots F F F F F —P Clinics for human care including medical and dental P P P P P 11- 10D -1 clinics 11 -10D -2 Collection offices or public utilities F - P I P [—F— Commercial kennels with outdoor runs F F Fc— F F— 11 -10D -1 Commercial overnight delivery drop box A A A A A 11- 10D -1 11 -10D -2 I Commercial parking for passenger vehicles P P P - 11- 10D -1 11 -3 -9 Commercial recreation uses as listed below: F c - F c - I C F— Amusement centers where mechanical, electrical and electronic games are played FFFF Arcade parlors I-1—F—F—F7 I Archery and shooting ranges 'Billiards Bowling alley Driving ranges F Miniature golf F—I—F-1-1— I Pool halls F F Skating FFTT— Swimming pools ����� Tennis courts and handball courts, including racquetball and other racket games. Tennis or racquetball club H 3 or more mechanical, electrical or electronic games F-FFFF-� Community rooms or centers F P P P P 11- 10D -1 11 -10D -2 Convention, banquet and exhibition halls I F Fc— FC Credit card /bank processing F F FP— F P— :Currency exchanges F F F F I— Fj OD 4 Dance and /or music studios F I ' F I 11 -10D -2 Data processing F F FP—FP f Decorative landscape features I I " I " I " I 11 -10D -2 'Dinner and /or live theater F —P Dry goods and fabrics F-F- 11 -10D -2 Educational /training centers; excluding elementary, P P P P P 11 -10D -2 secondary, and private schools Electrical generators (backup units) FA A A AF 11 -10D -2 Electrical service, heating, plumbing, appliances, upholstery or air conditioning service shops; provided, that they do not employ more than 6 persons in repair C C or processing Electromagnetic communication facilities FF�C � 11 -4 -7 Employment agencies I' I' I' I' --PF- I Equipment rental, inside a building I —P F F F F Equipment rental with outside storage ���I C Essential service structures, including, but not limited to, buildings such as telephone stations, booster or stations, elevated tanks, lift stations and C C C C pressure electric power substations Exterior employee break areas A A A A A 11- 10D -2 11 -10D -8 Exterior storage yards for rental services, lumberyards, C C and similar uses C Farmers' market ����� 11- 8A -3 (6) Fencing and other screening techniques FA ��I A F 11 -10D -2 Funeral homes and mortuaries I ' FFFT Furniture, upholstering, picture framing, interior P P P P 11 -10D -2 decorating studios and furniture repair, refinish shops and sales Greenhouses and nurseries F F F F c - Hardware I I —P I —P F F — P 11 -10D -2 Health and physical exercise clubs greater than 3,500 C C P square feet of gross floor area Health and physical exercise clubs, having less than 3,500 square feet of gross floor area and with no P P P P P locker room facilities Historical buildings, museums, art galleries and theaters for the arts C C C performing Home improvement retail inside a building F F F F F Hospitals for human care; provided, that all buildings be located not less than 75 feet from the lot line of any C C C C lot in a residential zoning district Hotel, motel and /or conference center - permitted C C C ancillary uses within a hotel and /or conference center with limited exterior signage approved as part of a conditional use permit such as: health and fitness center, class I or II restaurants, retail or personal services, car rental without vehicles occupying off street parking otherwise required by city ordinance, not to exceed inventory of 10 vehicles per rental agency, banquet facilities, theater or dinner theater Indoor self- storage units P P P 11- 10D -1 11 -10D -2 Institutional uses: adult daycare, charitable or P P P P P 11 -10D -2 philanthropic institution, childcare center, housing for senior adults and persons with disabilities Landscape nursery, landscape material sales with I—r P P P 11 -10D -2 enclosed outdoor display and storage Lawn and garden centers having exterior storage and C C C display, when in conjunction with principal use Lawn and garden centers with no exterior storage and P P P display Manufacture of electronic instruments F—F—F—Fp Manufacturing, compounding, assembly, packaging, or A indoor storage of products and materials as an accessory use provided that such activity does not occupy more than 20 percent of the gross floor area of the building Medical, optical and dental offices and laboratories FP �P-�FP Motor fuel stations (minor and major) without C C C C 11 -4 -1 mechanical service /repair Movie theater F F c - C Municipal buildings and structures, including police, P P P P P 11 -10D -2 fire, library, museum, art gallery or studio and community buildings, but not public works garages Nursery schools and daycare centers for all ages - P P P P P 11 -10D -2 adults and kids Nursing homes, congregate care, rest homes or C C C retirement homes; provided, that the site shall contain not less than 600 square feet of lot area for each person to be accommodated Off -sale liquor of 3,000 square feet or less P P P Title 3, chapter 3 Off -sale liquor with 3,001 square feet or greater P P Title 3, chapter 3 Off street parking, parking decks, parking ramps and A A A 11 -10D -2 off street loading FF Off street parking, storage garage and buildings and A A A A A 11 -3 -9 11- loading areas when incidental and subordinate to any 10D -2 permitted use Off street parking when the principal site of the off C C C C C street parking abuts on a lot which is another B or I district and is in the same ownership as the land in the B or I district and subject to those conditions as set forth in this title and such other conditions as are found necessary by the council to carry out the intent of this title Offices for administrative, executive, professional, P P P P P 11 -10D -2 research or similar organizations, and laboratories having only limited contact with the general public; where these uses are permitted, no merchandise is permitted to be sold on the premises On -sale liquor stores and restaurants with an on -sale C C C C Title 3, liquor license chapter 3 Open sales lots or open storage when incidental to a C r FF- principal use Opticians and optometrists F - P I ' F I 'Orthopedic and medical appliances F_ I —P F FP_ F P 11 -10D -2 Outdoor seating or dining F—F F F 11 -10D -8 Outdoor storage tanks and equipment for products that A A A A 11 -10D -2 are used in conjunction with the primary use Outdoor temporary/seasonal sales F—F��F 11 -10D -5 Park and ride facilities F F F I Pawnbrokers and secondhand goods dealers C C C Title 3, ' chapter 5 Pawnshop C C C _F Title 3, chapter 5 Pet shops, including grooming F_F P _ I I PI 11 -10D -2 Pharmaceutical sales F I —P P t Plumbing, heating, and electrical service shops F_F_F_FP_F_ Postal substations and post offices F_ F F I _ P F _P 11 -10D -2 Print shops /photographic copying F_[ ' I ' I ' FP 11 -10D -2 Printing and silk screening F I _ Private garages, off street parking and loading spaces —F-1 A �� Professional and scientific instrument sales and repair F F F I I ' 11 -10D -2 Professional services, including architect, attorney, dental and medical, financial services, insurance, and P P P P P 11 -10D -2 real estate businesses Public infrastructure and utility uses P I P _F_F F P P 11 -10D -2 Public or governmental services, including libraries, P P P P P 11 -10D -2 city offices, auditoriums, public administration buildings, civic centers, school administration offices Public parks F P F F F I —P 11 -10D -2 Public, parochial and private schools, colleges and universities C C rc P Public, quasi - public, and essential service structures that are not permitted uses, including, but not limited P P P P P 11 -10D -2 to, buildings such as telephone exchange stations, booster or pressure stations, lift stations, electric power substations and public utility uses --- Radio and television studios F F Radio and television towers, satellite dishes, C C C C microwave dishes Recording studios F I F Recycling collection points, exterior storage F F I F I Rental services, including the leasing of automobiles, P P utility trailers, household equipment and similar rental equipment when conducted entirely inside a building Research and development of items including, but not P P P limited to: software, pharmaceuticals, communications, medical devices and the like Restaurants, classes 1, 2, and 3, excluding drive -up 1-1 P F_PFP_F_P window 7777 classes 1, 2 and 3 (with drive -up window) F Fc Retail uses: Stores and shops selling household goods P P P P 11 -10D -2 over a counter or selling personal services. Included are stores selling such items as: antique, art and school supplies, appliance and electronics sales and service, automobile parts (excluding auto salvage parts) accessories, bakery goods, delicatessens, bagel shops, ice cream and other specialty stores, bicycles, books, magazines, cards, stationery and newsstands, candy, camera and photographic supplies, carpets, rugs and floor coverings, china and glassware, clothing, apparel and costumes, dry goods, floral shops, foods, electric and household appliances, furniture, fur goods, garden supplies (year round operation only), groceries, hardware, hobby supplies, jewelry, leather goods and luggage, boat sales that are within a completely enclosed building, medical supplies, musical instruments, office supplies, paint and wallpaper, professional and scientific instrument sales and repair, electronics, audio and visual equipment and accessories, shoes, sign shops (inside a building), sporting goods, tobacco goods, toys, laundromat and dry cleaning, photography studios, picture framing, locksmith shops, movie and electronic game sales and rental, and repair incidental to sale of goods listed above Satellite or microwave dishes and the like A F A I A F I 11 -4 -8 Saunas and massage parlors P P P P P Title 3, chapter 8 � Self- storage facility F_K F F c— Sewing centers, machine sales, and sewing classes F_FP_F_PF_F_P 11 -10D -2 Showroom warehouse P F P _ F - P Sidewalks and trails FA �� A A 11 -10D -2 Sign shops, limited to over the counter retail sales of P P P P FjID 1 -1-2 signs, banners or other related graphic imagery Signs -- - — I " ' ��A� A Title 9, F_FFFF chapter 8 , 11 -10D -2 Solar energy incidental to the principal structure FA FF A Stockpiling of material F F F FF r Tanning salons FP FP FP [PFP 11 -10D -2 Tattoo and body piercing P P P r Title 3, chapter 12 Tax exempt lodges and clubs; provided, that they are C C not less than 75 feet from a residential district Teen center I F F F F_ Telecommuting center I P I P 1P FP Temporary buildings for construction purposes for a A A A A A r 11 -10D -2 period not to exceed the completion date of such construction Temporary outdoor promotional and merchandising activities (e.g., craft sales, food stands, car washes, C C r 11 -10D -9 flea markets, and other activities /events deemed similar by the community development director and not meeting title 5, chapter 5 of this code) lasting 4 or more consecutive days and directed at the general public may be allowed as an accessory use on the premises of permitted and conditional uses Theaters, drive -in -F-F-F Theaters, indoor F C Fc—�C Travel bureaus /agencies F F FP FP F P 11 -10D -2 Underground parking I " Fc �C C 11 -10D -2 ; Vehicle repair - conditional use �[C F 11 -10D -6 Vehicle repair - permitted use F FP_ I P F_ 11 -10D -6 Veterinary clinic with outdoor kennels F_ F K F_ F F_ Veterinary offices and clinics; provided, no kennels or P P P P treatment areas are located outside of the building Wholesale businesses ����� Wind energy conversion systems F C C C C 11 -4 -6 , 11- 10D -2 Wireless communication facility entirely within an A A A A A 11 -10D -2 existing building or on the roof or side of a building, or attached to an existing structure Wireless communications freestanding ground C C mounted antenna support structure • BC3LTC7N & NAr-=NK, INC® Consulting Engineers & Surveyors 12224 Nicollet Avenue • Burnsville, MN 55337 Phone (952) 890 -0509 • Fax (952) 890 -8065 www.bolton- menk.com Date: January 29, 2013 To: City of Cottage Grove, MN From: Kevin Kielb, P.E. Mike Boex, P.E. Subject: West Point Douglas Road Preliminary Planning Review T.H. 61 and West Point Douglas Road Access Analysis City of Cottage Grove, Minnesota BMI Project No.: N15.103963 I. Introduction The objective of this technical memorandum is to identify and analyze future needs for access to West Point Douglas Road (WPDR). The area located between T.H. 61 and C.P. Rail (between 80 Street and Jamaica Avenue) remains largely undeveloped (see Figure 1). A concern related to access to the area has been brought forward as a potential barrier to development. H. Existing Access Access from the south to this area is via Jamaica Avenue. Northbound T.H. 61 traffic and Jamaica Avenue traffic can readily access the area. Access from the north via T.H. 61, Hadley Avenue and 80 Street is more circuitous. The major movement is comprised of vehicles traveling from southbound T.H. 61 to westbound 80 Street. Vehicles then turn right at Hadley Avenue and right at Belden Boulevard to gain access to southbound West Point Douglas Road. Vehicles traverse an at -grade railroad crossing on Belden Boulevard along this route. See Figure 2 for a depiction of the accesses to the area. III. Trip Generation/Distribution Based on typical trip distributions, approximately 65 percent of the trips that would be generated by commercial uses in this area would originate from the north, while 35 percent originate from the south. The following table summarizes our estimates of trip distribution for this analysis. See Figure 1 for distribution percentages. From Percent North on T.H. 61 35% East on 80 Street 20% West on Hadley Avenue 10% South on T.H. 61 20% E/W on Jamaica 15% HACOTM15103963 \Special Issues and Projects \2012 \West Point Slip Ramp \West Pt Douglas and 80th Traffic Tech Memo KPI {.doc DESIGNING FOR A BETTER TOMORROW Bolton & Menk is an equal opportunity employer C7� IV. Traffic Data Current year traffic volumes in the area were derived from several sources, including MnDOT traffic maps and actual traffic counts on West Point Douglas Road. Traffic volumes are presented below and depicted on Figure 2. 2013 Traffic Full -Build Location Volume Volumes T.H. 61 North of 80 Street 42,500 62,000 T.H. 61 South of 80 Street 32,000 52,000 80 Street West of T.H. 61 21,500 35,500 Hadley Avenue 5,000 20,000 West Point Douglas Road 3,100 15,600 An additional 12,500 trips will be added to West Point Douglas Road after full development. The timing of the full development is most likely beyond the year 2030, however, these estimates will allow for a more conservative approach to the study. V. Intersection Analysis Intersection analyses were performed at the T.H. 61 southbound off ramp at 80 Street and 80 Street at Hadley Avenue in the PM peak period. Trip distribution was based on the typical rush hour commute along T.H. 61. The PM peak hour was found to start at 4:30PM and end at 5:30PM on weekdays. Our analysis indicates that under current conditions the two intersections operate at a Level of Service B, with no individual failing movements. See General Terminology and Concepts page located at the back of this memorandum for definition of Level of Service. As the area develops, improvements to the signal timing and lane designations may be required. By optimizing signal timing and revising lane configurations, our analysis indicates that the T.H. 61 southbound off ramp at 80 Street will operate at a LOS D and the 80 Street at Hadley Avenue intersection will operate at a LOS C. These are both considered acceptable LOS's for full build conditions. A safety analysis was also performed for the study area, including the two signalized intersections and the unsignalized intersections on Belden Boulevard. Crash data from MNCMAT indicated that 15 crashes occurred in the study area from 2010 -2012. Of the 15 crashes recorded, 9 were property damage only, 5 were possibly injury crashes, and 1 was a non - incapacitating injury crash. This crash rate is average for these types of intersections in the twin - cities Metro area. H: \COTIAN15103963 \Special Issues and Projects \2012\West Point Slip Ramp \West Pt Douglas and 80th Traffic Tech Memo KPK.doc DESIGNING FOR A BETTER TOMORROW Bolton & Menk is an equal opportunity employer. e a VI. Other Issues Roadways and intersections in the study area appear to have adequate capacity based on both existing traffic volumes and future traffic projections. The primary issue appears to be a perception issue related to the circuitous route required to access West Point Douglas Road. Wetlands, storm water ponds and an existing railroad currently present barriers to providing a more direct access to the roadway from the north (see Figures 1 and 2). Travel time is another concern for the area. Existing travel time was calculated from a point half way up the T.H. 61 exit ramp to a point about 0.33 miles south of 80 Street on West Point Douglas Road. The existing travel time was estimated using the average intersection delays, a 30 mph driving speed on routes, and does not include any potential delays associated with the railroad crossing. The average existing travel time was estimated at 115 seconds. VII. Potential Access Alternatives We reviewed the area to determine if other access alternatives exist from southbound T.H. 61 to West Point Douglas Road. A description of the alternatives, potential impacts and associated costs follows: Alternative A — New T.H. 61 Interchange L ocated Between 80 Street and Jamaica Avenue A new interchange between the 80 Street and Jamaica Avenue interchanges does not meet the access spacing guidelines established by MnDOT and the Metropolitan Council. There would be significant impacts to residential and commercial properties associated with construction. This alternative would likely receive significant resistance from area residents and would most likely not be approved by either MnDOT or the Metropolitan Council. Costs associated with this alternative would be approximately $7,000,000. This does not include costs associated with land acquisition, which would be anticipated to be significant for this alternative. See Figure 3 for potential impacts associated with this alternative. No further• analyses were performed for this alternative, as significant resistance from area residents would likely be received and the interchange would most likely be opposed by both MnDOT and the Metropolitan Council. Alternative B - T.H. 61 Exit Ramp ip- Slid Ramp A slip ramp connected to the southbound T.H. 61 exit ramp to West Point Douglas Road may provide a more direct connection to West Point Douglas Road. The T.H. 61 exit ramp is approximately 1,600 ft in length. There is not sufficient ramp distance to accommodate an exit slip ramp off of the T.H. 61 exit ramp and also provide stacking distance and stopping sight distance for the signal at 80 Street. The ramp will need to be extended by a minimum of 700 feet to mitigate these issues. This option potentially reduces travel time by 64 seconds. H: \COTAN15103963 \Special Issues and Projects\2012 \West Point Slip Ramp \West Pt Douglas and 80th Traffic Tech Memo KPK.doc DESIGNING FOR A BETTER TOMORROW Bolton & Menk is an equal opportunity employer. -�, MnDOT does not traditionally allow a local street connection to a freeway tamp in a non - urban and non right -of -way constrained environment. Significant coordination with MnDOT will be needed with this option. Costs associated with this alternative would be approximately $2,500,000. See Figure 4 for information associated with this alternative. Alternative C - T.H. 61 Entrance Ramp - Slip Ramp A slip ramp connected to the southbound T.H. 61 entrance ramp to West Point Douglas Road may also provide a more direct connection to West Point Douglas Road. The existing ramp is approximately 1,500 feet in length. The entrance ramp would likely need to be lengthened by approximately 250 to 300 feet. The LOS drops to F in this scenario for the southbound T.H. 61 exit ramp intersection and remains acceptable at 80 Street and Hadley Avenue. Adding an additional dedicated thru lane to the exit ramp increases LOS to D and reduces queuing enough for the lengths to be contained on the exit ramp itself. This option potentially reduces travel time by 29 seconds. MnDOT does not traditionally allow a local street connection to a freeway ramp in a non - urban and non right -of -way constrained environment. Significant coordination with MnDOT will be needed with this option. Costs associated with this alternative would be approximately $3,500,000. See Figure 4 for information associated with this alternative. See previously created sketch following Figure 4 for a more detailed view of this alternative. Alternative D - Additional Access via Hadley Avenue to SE A new access roadway across the railroad just SE of 80 Street could provide an alternative that provides a visually more direct access to West Point Douglas Road. To accomplish this, wetland mitigation, a pond crossing and a new railroad crossing would be required. Significant coordination with the DNR and the Canadian Pacific Railroad will be needed with this option. The Canadian Pacific Railroad may not allow another crossing in close proximity to the Belden Boulevard crossing. The Belden Boulevard crossing may have to be severed to allow for a new crossing to be constructed. Costs associated with this alternative would be approximately $3,000,000. See Figure 4 for information associated with this alternative. This option was not evaluated further as it does not comply with the City's Comp Plan related to parks and open space, would most likely receive strong opposition from C.P Rail, would impact DNR Protected Wetlands and would impact City storfn water ponds. VIII. Analysis of Data The City is analyzing access costs and trips generated for the developable commercial area depicted on Figure 1. Four alternatives were preliminarily analyzed; however two (Alternatives H: \COTT \N15103963 \Special Issues and Projects \2012 \West Point Slip Ramp \West Pt Douglas and 80th Traffic Tech Memo KPK.doc DESIGNING FOR A BETTER TOMORROW Bolton & Menk is an equal opportunity employer. mn DRAFT A and D) were dismissed due to permitting, approval and other issues. The following tables provide data that can be used in further cost/benefit analyses by the City. Travel Time Savings Baseline Estimated New Time Savings Route Travel Time * Travel Time * Due to Alt. Existing Alternative B Alternative C 115 Seconds 115 Seconds 115 Seconds 115 Seconds NA 51 Seconds 86 Seconds 64 Seconds 29 Seconds Travel time was calculated from a point half way up the T.H. 61 exit ramp to a point Approximately 1750 south of 80 Street on West Point Douglas Road. Benefitting Trips Estimated Estimated Trips Seeing Route Total Trips Percentage * Benefit Alternative B 15,600 35% 5,460 Alternative C 15,600 65% 10,140 * Percentage of West Point Douglas Road traffic benefitting from improvement. IX. Comparison of Potential Alternatives Based upon the preliminary analyses, two potential alternatives could be explored in greater detail by the City. A comparative summary of these options is presented below. Alternative B Alternative C T.H. 61 Exit Ramp T.H. 61 Entrance Ramp Slip Ramp Slip Ramp Project Costs $2,500,000 $3,500,000 Benefitting Trips /Day 5,400 10,140 Time Savings per Trip 64 seconds 29 seconds X. Conclusions We have reviewed potential traffic impacts associated with development in the area shown in Figure 1. With minor improvements, such as lane striping and traffic signal timing optimizations, the existing roadway network is sufficient to accommodate the full -build development of the area. Concerns related to ease of access from the north have been brought forward to the City. Two options may warrant further review; however, they would require significant study and analysis ($80,000 CORSIM modeling) and will need to be approved by MnDOT. Although the alternatives provide more direct access to the area, concerns related to visibility of the area may not be completely mitigated by either of the alternatives presented. H: \COTT\N15103963 \Special Issues and Projects \2012 \West Point Slip Ramp \West Pt Douglas and 80th Traffic Tech Memo KPK.doc DESIGNING FOR A BETTER TOMORROW Bolton & Menk is an equal opportunity employer. ,� ;: r y , JErt ' � ��--�? � r { , / I-- ,. �- ,r��,q�i . r j r�.� L ` _� ' � ~�� ~L 2 � �. d ti{I ip M +i y}ra 9 Y a. � ::r A ^:ne' .r _:1 ice•, �. •1 "'���� � T, q�jy�:'��1girµy A ♦ � 4ti� - •�d� 7s rso•Y ..� -1 ] �i ; c a •. v , f °.i� -�.r�• t-�" _ _ - Baal I ■s e � AT � l f A * y + ���� � ' 1 . •l � 'j_ T . �� -^'1 � .eC ,�� — .Jl•1 v YlnT9. �I � 4Y � _.; .P..=• Mtn , City of D 600 HORIZ 120D BOLTON Sc M EN K, 1 NC. COTTAGE GROVE, MINNESOTA Consulting Engineers & Surveyors Cotta Grove SCALE FEET MAN WEST POINT DOUGLAS ROAD KATO, MN FAIRMONT, MN SLEEPY EYE, WILLMAR, MN BU RNBVILLE, MN Minnesota C HASKA, MNRAMSEY, MIN MAPLEWOOD , MIN BRAINERD,MNAMES,[A LOCATION PLAN FIGURE 1 LEGEND • INTERSECTION ANALYZED (XX,XXX) TRAFFIC VOLUMES o � City of o zaD aaD C otta g e Grove HORIZ SCALE FEET Minnesota BOLTON Sc MENK, INC_ Consulting Engineers & Surveyors MANKATO, MN FAIRMONT, MN SLEEPY EYE, MN WILLMAR, MN BURNSVILLE, MN CHASKA, MN RAMSEY, MN MAPLEWOOD, MN BRAINERD, MN AMES, IA COTTAGE GROVE, MINNESOTA WEST POINT DOUGLAS ROAD UME COUNTS FIGURE City of D 12DO B C>LTO.N Sc M E N K. 1 N C_ COTTAGE GROVE, MINNESOTA noa¢ Consulting Engineers & Surveyors Cotta FE e Grove ET WEST POINT DOUGLAS ROAD M . MANKATD, MN FAIRMDNT, MN SLCCPY M N7N LYILINNIR MN BURNSVILLC, MN innesota CHASYA MN BAMSEY,MN MAPLEWOOD, MN BRAINERD. MNAMES,LA OPTIO A Fara iRF 1 I J L w . ~ ' ;.,�,� x _ "£tr + � ti � ".1 -� � - .�� :.\ � a� � }F,"ral. � "�'� • "l. �� i . �- —'�— _ slr� �.zfi y . p. LEGEND © OPTION B © OPTION C O OPTION D 1 ,,, POTENTIAL AR Z ;\. ;,. tt ;•� �� _fi�p ,..,,__ r��e !' rt � ■G'T' y RR CROSSING ���,. -.%� "� r �, ��-,` ABANDONMENT 4 s \ �.',�r .k r �„ D NEW RR CROSSING POND CROSSING (BRIDGE OR CULVERTS REQUIRED) d ; (C� EXTEND RAMP 7' b , t_ Y ' a COTTAGE GROVE, MINNESOTA WEST POINT DOUGLAS ROAD OPT IONS B, C, D FIGURE 4 City of C otta g e D zoo Grove HORIZ aID BO LTO IV S. M E N K, 1 N C_ Consulting Engineers & Surveyors Minnesota SCALE FEET MANKATO, MN FAIRMONT, MN SLEEPY EYE, MN WILLMAR, AN BU RNSVILLE, MN CHASKA, MN RAMSEY, MN MAPLEWOOD, MN BRAINERD, MN AMES, IA , b V 4- P a, o A i c p ool 0� % .(r _ 14 e / o s 25 MPH CURIFE l T ' ; yx S� .� �.` K� yiA s vdE FEET oly of Cotta Grove A BOLTON rf =NE C s� tuC, AN. Conauliln9 Engf... & SL,-- CITY OF COTTAGE GROVE, MINNESOTA LOCAL CONNECTION FROM Minne;ola YANNATO MN FAIRMONT. MN SLEEPY NN PMISEY,�NNIM LEWOOO, MN R 6RNNQtO M un6, a TM 61 TO ENTRANCE RAMP JULY 2012 FIGURE N0. 1 General Terminology and Concepts ADT or AADT =Average Daily Traffic or Average Annual Daily Traffic AM /PM Peak Hour Traffic= Highest hours of traffic during the morning and afternoon rush hours 7:00 to 9:00 AM (typical morning range) 4:00 to 6:00 PM (typical afternoon range) Used to analyze intersection Level of Service Intersection Level of Service (LOS) = Average of all Movements LOSISignalized IntersectionlUnsignalized hitersectia A I <IO sec I <10 sec I q/g 13 10 -20 see 10 -15 see C 20 -35 see 15 -25 see D 35 -55 see 25 -35 sec - - - - - - - -- - - - - - C/D L'• 55 -80 sec 35 -50 sec F ?80 sec ?50 see A� Free flow B= Reasonably free flow �/ C= Stable flour D > unstable flow R= Unstable [low F= Forced or breakdown flow Note: Individual Movement LOS may be different than average for intersection Individual Movements at Intersections First and Second Letters = Direction (NB = North Bound, EB = EastBound, etc.) Third Letter = Turning Movement (L =Left, R= Right, T= Thru) Examples: NBL = North Bound Left WBL /WBT = WestBound Left Turn or Thru allowed in that Lane Development Timeframes Existing = 2013 Full Build = Unknown future year after area is completely developed CITY OF MINNESOTA COTTAGE GROVE To: City Council & Planning Commission Members From: Bob LaBrosse, Building Official JYV� Date: January 22, 2013 Subject: West Point Douglas Study, Vacant Buildings Analysis Recently I was asked to review the existing conditions of both the Rush Nightclub located at 7359 West Point Douglas Road and the Majestic Ballroom located at 9165 West Point Douglas Road relative to condemnation and possible code violations. Hazardous and substandard building conditions are defined in the State Fire code, State Building code, State Statutes and City code. All indicate that buildings that have become hazardous or unsafe due to improper maintenance and repair shall be deemed unsafe and discontinued for access or use. Once the owner has been notified of the conditions and condemnations, the City must then follow the rules outlined in State Statute section 463.15 for abatement procedures. On January 25, 2008, the Rush Nightclub was posted with a condemnation notice due to a water line break that rendered the building non - habitable. Since then, a demolition permit has been issued for the partial removal of the interior hazardous materials that have been identified by Mr. Mucks' hazardous materials contractor, Drytech Restoration, dated March 19, 2010. To date the wooden flooring that was twice saturated and deemed hazardous due to mold growth has been partially removed however no progress inspections have been requested. Also noted recently are exterior storage items within public view in violation of City Code Title 11 -6 -2. On April 14, 2006, the tenants of the Majestic Ballroom were ordered by the ownership to vacate the building due to closing of the building and no public use of the building has been permitted. Both buildings are currently defined as "Hazardous Buildings" per State Statutes section 463.15 Subd. 3. due primarily to inadequate maintenance and unsafe conditions. Both buildings are however secured from public access. Should the City move forward with razing, removing or correcting the hazardous conditions, the rules noted in State Statutes section 463.15 — 463.261 (attached) shall be the guiding procedure. GAbuilding \BOB\MEMOFORM \West Point Douglas Study 2013.doc Conclusion In my opinion, since both buildings are secured and not allowing public access, there is no public hazard and further abatement concerns such as lack of appropriate heat, cooling, plumbing, fire suppression, egress, structural concerns etc. should be directed to the City Attorney's office for further review. THE 2007 MINNESOTA STATE BUILDING CODE Hazardous and substandard buildings 463.15 Definitions. Subdivision 1. Coverage. For purposes of sections 463.15 to 463.26 the terms defined in this section have the meanings given them. Subd. 2. Building. "Building" includes any structure or part of a structure. Subd. 3. Hazardous building or hazardous property. "Hazardous building or hazardous property" means any building or property, which because of inadequate maintenance, dilapidation, physical damage, unsanitary condition, or abandonment, constitutes a fire hazard or a hazard to public safety or health. Subd. 4. Owner, owner of record, and lien holder of record. "Owner," 'owner of record," and "lien holder of record" means a person having a right or interest in property described in subdivision 3 and evidence of which is filed and recorded in the office of the county recorder or registrar of titles in the county in which the property is situated. HIST: 1965 c 393 s 1; 1967 c 324 s 1; 1976 c 181 s 2; 1989 c 328 art 6 s 5,6 463.151 Removal by municipality; consent; cost. The governing body of any city or town may remove or raze any hazardous building or remove or correct any hazardous condition of real estate upon obtaining the consent in writing of all owners of record, occupying tenants, and all lien holders of record; the cost shall be charged against the real estate as provided in section 463.21, except the governing body may provide that the cost so assessed may be paid in not to exceed five equal annual installments with interest thereon, at eight percent per annum. HIST: 1967 c 324 s 2; 1974 c 341 s 1 463.152 Exercise of eminent domain. Subdivision 1. Purpose, public interest. In order to maintain a sufficient supply of adequate, safe, and sanitary housing and buildings used for living, commercial, industrial, or other purposes or any combination of purposes, it is found that the public interest requires that municipalities be authorized to acquire buildings, real estate on which buildings are located, or vacant or undeveloped real estate which are found to be hazardous within the meaning of section 463.15, subdivision 3, and the acquisition of such buildings and real estate is hereby declared to be a public purpose. Subd. 2. Acquisition; procedure. In furtherance of the public policy declared in subdivision 1, the governing body of any city or town may acquire any hazardous building, real estate on which any such building is located, or vacant or undeveloped real estate by eminent domain in the manner provided by chapter 117. HIST: 1974 c 341 s 3; 1976 c g s 140 91 THE 2007 MINNESOTA STATE BUILDING CODE 463.16 Repair or remove hazardous property condition. The governing body of any city or town may order the owner of any hazardous building or property within the municipality to correct or remove the hazardous condition of the building or property or to raze or remove the building. HIST: 1965 c 393 s 2; 1973 c 123 art 5 s 7; 1989 c 328 art 6 s 7 463.161 Abatement. In the manner prescribed in section 463.21 the governing body of any city or town may correct or remove the hazardous condition of any hazardous building or property; the cost of which shall be charged against the real estate as provided in section 463.21 except the governing body may provide that the cost so assessed may be paid in not to exceed five equal annual installments with interest therein, at eight percent per annum. HIST: 1974 c 341 s 2; 1989 c 328 art 6 s 8 463.17 The order. Subdivision 1. Contents. The order shall be in writing; recite the grounds therefor; specify the necessary repairs, if any, and provide a reasonable time for compliance; and shall state that a motion for summary enforcement of the order will be made to the district court of the county in which the hazardous building or property is situated unless corrective action is taken, or unless an answer is filed within the time specified in section 463.18. Subd. 2. Service. The order shall be served upon the owner of record, or the owner's agent if an agent is in charge of the building or property, and upon the occupying tenant, if there is one, and upon all lien holders of record, in the manner provided for service of a summons in a civil action. If the owner cannot be found, the order shall be served upon the owner by posting it at the main entrance to the building or, if there is no building, in a conspicuous place on the property, and by four weeks' publication in the official newspaper of the municipality if it has one, otherwise in a legal newspaper in the county. - Subd. 3. Filing. A copy of the order with proof of service shall be filed with the court administrator of district court of the county in which the hazardous building or property is located not less than five days prior to the filing of a motion pursuant to section 463.19 to enforce the order. At the time of filing such order the municipality shall file for record with the county recorder or registrar of titles a notice of the pendency of the proceeding, describing with reasonable certainty the lands affected and the nature of the order. If the proceeding be abandoned the municipality shall within ten days thereafter file with the county recorder a notice to that effect. HIST: 1965 c 393 s.3; 1976 c 181 s 2; 1986 c 444; 1Spl986 c 3 art i s 82; 1989 c 328 art 6 s 9 463.18 Answer. 92 THE 2007 MINNESOTA STATE BUILDING CODE 1. Within 20 days from the date of service, any person upon whom the order -is served may serve an answer in the manner provided for the service of an answer in a civil action, specifically denying such facts in the order as are in dispute. HIST: 1965 c 393 s 4 463.19 Default cases. If no answer is served, the governing body may move the court for the enforcement of the order. If such a motion is made the court may, upon the presentation of such evidence as it may require, affirm or modify the order and enter judgment accordingly, fixing a time after which the governing body may proceed with the enforcement of the order. The court administrator shall cause a copy of the judgment to be mailed forthwith to persons upon whom the original order was served. HIST: 1965 c 393 s 5; 1Sp1986 c 3 art i s 82 463.20 Contested cases. If an answer is filed and served as provided in section 463.18, further proceedings in the action shall be governed by the Rules of Civil Procedure for the District Courts, except that the action has priority over all pending civil actions and shall be tried forthwith. If the order is sustained following the trial, the court shall enter judgment and shall fix a time after which the building must be destroyed or repaired or the hazardous condition removed or c orrected, as the case.may be, in compliance with the order as originally filed or modified by the court. If the order is not sustained, it shall be annulled and set aside. The court administrator of the court shall cause a copy of the judgment to be mailed forthwith to the persons upon whom the original order was served. MST: 1965 c 393 s 6; 1Sp1986 c 3 art 1 s 82; 1989 c 328 art 6 s 10 463.21 Enforcement of judgment. If a judgment is not complied with in the time prescribed, the governing body may cause the building to be repaired, razed, or removed or the hazardous condition to be removed or corrected as set forth in the judgment, or acquire the building, if any, and real estate on which the building or hazardous condition is located by eminent domain as provided in section 463.152. The cost of the repairs, razing, correction, or removal may be: a lien against the real estate on which the building is located or the hazardous condition exists, or recovered by obtaining a judgment against the owner of the real estate on which the building is located or the hazardous condition exists. A lien may be levied and collected only as a special assessment in the manner provided by Minnesota Statutes 1961, sections 429.061 to 429.081, but the assessment is payable in a single installment. When the building is razed or removed by the municipality, the governing body may sell the salvage and valuable materials at public auction upon °three days' posted notice. HIST: 1965 c 393 s 7; 1974 c 341 s 4;1989 c 328 art 3 s 3 THE 2007 MINNESOTA STATE BUILDING CODE 463.22 Statement of moneys received. The municipality shall keep an accurate account of the expenses incurred in carrying out the order and of all other expenses theretofore incurred in connection with its enforcement, including specifically, but not exclusively, filing fees, service fees, publication fees, attorney's fees, appraisers' fees, witness fees, including expert witness fees, and traveling expenses incurred by the municipality from the time the order was originally made, and shall credit thereon the amount, if any, received from the sale of the salvage, or building or structure, and shall report its action under the order, with a statement of moneys received and expenses incurred to the court for approval and allowance. Thereupon the court shall examine, correct, if necessary, and allow the expense account, and, if the amount received from the sale of the salvage, or of the building or structure, does not equal or exceed the amount of expenses as allowed, the court shall by its judgment certify the deficiency in the amount so allowed to the municipal clerk for collection. The owner or other party in interest shall pay the same, without penalty added thereon, and in default of payment by October 1, the clerk shall certify the amount of the expense to the county auditor for entry on the tax lists of the county as a special charge against the real estate on which the building or hazardous condition is or was situated and the same shall be collected in the same manner as other taxes and the amount so collected shall be paid into the municipal treasury. If the amount received for the sale of the salvage or of the building or structure exceeds the expense incurred by the municipality as allowed by the court, and if there are no delinquent taxes, the court shall direct the payment of the surplus to the owner or the payment of the same into court, as provided in sections 463.15 to 463.26. If there are delinquent taxes against the property, the court shall direct the payment of the surplus to the county treasurer to be applied on such taxes. HIST: 1965 c 393 s 8; 1974 c 329 s 1; 1989 c 328 art 6 s 11 463.23 Payment, tender, deposit in court. The net proceeds of a sale under section 463.21 or section 463.24 shall be paid to persons designated in the judgment in the proportions as their interests shall appear therein. Acceptance of such payment shall be taken as a waiver of all objections to the payment and to the proceedings leading thereto on the part of the payee and of all persons for whom the payee is lawfully empowered to act. In case any party to whom a payment of damages is made be not a resident of the state, or the place of residence be unknown, or the party be an infant or other person under legal disability, or, being legally capable, refuses to accept payment, or if for any reason it be doubtful to whom any payment should be paid, the municipality may pay the same to the clerk, to be paid out under the direction of the court; and, unless an appeal be taken such deposit with the clerk shall be deemed a payment of the award. HIST: 1965 c 393 s 9; 1986 c 444 463.24 Personal property or fixtures. If any building ordered razed, removed, or made safe and sanitary by repairs contains personal property or fixtures which will unreasonably interfere with the razing, removal, or repair I J 94 THE 2007 MINNESOTA STATE BUILDING CODE of such building, or if the razing or removal of the building makes necessary the removal of such personal property or fixtures, the original order of the governing body may direct the removal of such personal property or fixtures within a reasonable time. If the property or fixtures are not removed by the time specified, and the governing body subsequently desires to enforce a judgment under sections 463.15 to 463.26, it may sell the same at public auction as provided in section 463.2 1, or if without appreciable value, the governing body may destroy the same. HIST: 1965 c 393 s 10 463.25 Hazardous excavations. If in any city, an excavation for building purposes is left open for more than six months without proceeding with the erection of a building thereon, whether or not completed, or if any excavation or basement is not filled to grade or otherwise protected after a building is destroyed, - demolished or removed, the governing body may order such excavation to be filled or protected or in the alternative that erection of a building begin forthwith if the excavation is for building purposes. The order shall be served upon the owner or the owner's agent in the manner provided section 463.17. If the owner of the land fails to comply with the order within 15 days after the order is served, the governing body shall cause the excavation to be filled to grade or protected and the cost shall be charged against the real estate as provided in section 463.21. HIST: 1965 c 393 s 11; 1973 c 123 art 5 s 7; 1986 c 444 463.251 Securing vacant buildings. i Subdivision 1. Definitions. The following terms have the meanings given them for the purposes of this section. (a) "City" means a statutory or home rule charter city. (b) "Neighborhood association" means an organization recognized by the city as representing a neighborhood within the city. (c) "Secure" may include, but is not limited to, installing locks, repairing windows and doors, boarding windows and doors, posting "no- trespassing" signs, installing exterior lighting or motion - detecting lights, fencing the property, and installing a monitored alarm or other security system. Subd. 2. Order; notice. If in any city a building becomes vacant or unoccupied and is deemed hazardous due to the fact that the building is open to trespass and-has not been secured and the building could be made safe by securing the building, the governing body may order the building secured and shall cause notice of the order to be served upon the owner of record of the premises or the owner's agent, the taxpayer identified in the property tax records for that parcel, the holder of the mortgage or sheriffs certificate, and any neighborhood association for the neighborhood in which the building is located that has _requested notice, by delivering or mailing a copy to the owner or agent, the identified taxpayer, the holder of the mortgage or sheriffs certificate, and the neighborhood association, at the last known address. Service by mail is complete upon mailing. 95 THE 2007 MINNESOTA STATE BUILDING CODE Subd. 3. Securing building by city; lien. If the owner of the building fails to either comply or provide to the governing body a reasonable plan and schedule to comply with an order issued under subdivision 2 within six days after the order is served, the governing body shall cause the building to be properly secured and the cost of securing the building may be charged against the real estate as provided in section 463.21. In the metropolitan area, as defined in section 473.121, subdivision 2, the governing body may work with neighborhood associations to develop and implement plans to secure vacant buildings in a timely and cost - effective fashion. The city may use rehabilitation and revitalization funds in implementing this section. - Subd. 4. Emergency securing. A city may provide by ordinance for emergency securing of a building that presents an immediate danger to the health and safety of persons in the community. HIST: 1973 c 123 art 5 s 7; 1973 c'520 s 1; 1986 c 444;1996 c 286 s 1 463.26 Local acts and charter provisions. Sections 463.15 to 463.26 are supplementary to other statutory and charter provisions and do not limit the authority of any city to enact and enforce ordinances on the same subject. HIST: 1965 c 393 s 12; 1973 c 123 art 5 s 7 463.261 Relocation benefits. Notwithstanding the provisions of section 117.56, or any other law to the contrary, all acquisitions of buildings and real estate upon which buildings are located by governmental subdivisions pursuant to the exercise of the power of eminent domain as provided in section 463.152 shall be acquisitions for the purposes of sections 117.50 to 117.56. HIST: 1974 c 341 s 5; 1976 c 2 s 141 == 463.misc2002 Minn. Stats. repealed, etc. secs in chap 463 463.05 Repealed, 1976 c 44 s 70 463.08 Repealed, 1949 c 119 s 110 463.09 Repealed, 1976 c 44 s 70 463.10 Repealed, 1976 c 44 s 70 463.11 Repealed, 1976 c 44 s 70 463.12 Repealed, 1976 c 44 s 70 463.13 Repealed, 1976 c 44 s 70 96 9 F OR SALE I i1 � , 1 �. 11 1 ' V IV l7, j, WAR 1 Y - -. --- - -- . �„_ yy gLet'Isw __ _- u _ J IWUW�Ffdwf.�vrda+ik .t t+�` 1 . .: / �-�"` """'r"""te• - -. --- - -- . �„_ yy gLet'Isw __ _- u _ ' �� : . !41` �'"i •,: y ? 4 i `t.:.. ^' $e' '".`: "'.�•„' ."ice+ i r. {K � i" _J .> _. e.s-I 11 . _ r -r. 'K - - � -. - iz ' �� ..A.��� ° ."'.,.- �t,F:iii� tit.., ._ ,.,u, _.. _ _1.......�`' . - • ""' „+. ,.. _ s"�s�rSP*.�� o J IWUW�Ffdwf.�vrda+ik .t t+�` 1 . ' City of Cottage Grove 11 6 11, pride e`OSpe�iry Meet Department of Public Safety — Police — Fire - EMS To: Economic Development Director Danette Parr From: Deputy Director of Public Safety Peter J. Koerner N( Date: January 15, 2013 Re: WEST POINT DOUGLAS STUDY Memo As a part of considering the future development/redevelopment of West Point Douglas Rd, technical review committee members have been asked to research certain areas for a report for an upcoming joint work session /charette. In order to understand what level of safety concerns have arisen in respect to the current vacant buildings in the area — Rush and Majestic (i.e.: police calls made to the sites since they've become vacant), a summary of calls for service since the businesses closed is attached. If you have any additional questions, please let me know. PJK Attachment: Summary data — 9165 West Point Douglas Road Summary data — 7359 West Point Douglas Road CALL SUMMARY .9165 WEST POINT DOUGLAS ROAD SOUTH 2007-2012 DATE TIME ICR # COMPLAINT SUMMARY 6/20/2007 1759 1071+09330 Suspicious A&Ivity 2 oarhes,cutUng trees/said cleaning u rafittiladvised to leave area 10/1/2009 2127 109115001 Suspicious Vehicle Vehicle in lot/GOA 11/412010 144 110117463 Sus ivious Vehicle Ofc observed vehicle pull into lotdadvised to leave area CALL SUMMARY 7359 WEST POINT DOUGLAS ROAD SOUTH 2008-2012 DATE 01123/2008 TIME 1837 ICR # 108101130 COMPLAINT Assist Public SUMMARY Broken waterpipes 0510812008 1539 108106515 Suspicious Vehicle Vehicle behind buildin /GOA 05/24/2008 1316 108107479 Open Door Ofc conducting business check found , open door /Buildi Gear 06/11/2008 06124/2 "008 07/14/2008 1257 1300 1802 1081:08681 108109459 108116726 Open Door Theft from Building Suspicious Activity Oft conductin .business check. found open door on shed /nothin missin /resecured/ke notified Theft from shed behind buildingtno suspects Juveniles observed in fenced area/GOA 07/28/2008 1817 108111527 Suspicious Activi Juveniles observed on roof /GOA 08/14/2008 1550 108112493 Found Property Safe found in woods behind building/safe not from buildin 08/14/2008 2154 108112507 Assist Public Key holder requested walk -thru due to found safe - reference 108112493 08/30/2008 1247 108113449 Open Door Oft-conducting business: check found open door 10/27/2008 0847 108116664 Damage Property Ofc conducting business. check found damage to building and found 2 satellite dishes 12/19/2008 1615 108119795 Suspicious Vehicle Male cutting small trees behind location /ID /advised 02/02/2009 1832 109101725, icious.Vehicles 2 vehicles in lot/UTL 08/04/2009 1531 109111.912 Trespass 3 Juveniles on roof/ parents notified 12/27/2009 1137' 109119229 Assist Public Works Water Main Break/Notified'Public Works and Xcel Ene 03114/2010 1.105 110104139 Suspicious Activi 3 juveniles behind bld 0311812010 0808 110104362 Found Property ATM found in wood behind buildin 4/2010 1022 1.10105323 Open Door /Broken Window Buildin Checked /clear t 10 0447 1110117423 Illegal Dumping Couches dumped on prope DATE- TIME. ICR # I COMPLAINT SUMMARY 04/17/2011 1700 111105482 Suspicious Activi ty Gate cable cut/Building clear 04119/2011 0533 11.1105546 Suspicious Vehicle Vehicle behind buildin /GOA. 04120/2011 1623 1:11105610'Burglary Coppertaken/U uor moved/also related to 111105482 04123/2011 0256 111105761 'B lary Ke holder found open door/218 bottles of alcohol taken 04/29/2011 1631 111106122 Found Property Ofc conducting business check found backpack. containing a car stereo 05/01/2011 1338 119106234 Prope Damage Ofc conducting business check observed raffifi.on buildin 05/02/2011 0938 191106264 Open Door Oft conducting business check found open door/Building clear 05/1272011. 0141 111106797 Theft Suspect located at Rush reference theft at Park and Ride 05113120111 1030 111106860 Suspicious: Person Male observed on roof/building cleared/nothing found 05/2312011 1422 119106872 Check the Welfare Possible domestic/UTL 08/02/2011. 2343 111111.496 Open Door Ofc conducting business check found unlocked door /doorwas chained from inside 10102/2011 1343 1111.14779 Open Door Ofe conducting 'business check found o en doorAad'derinside up to roof/Building cleared 1010312011 1155 111114825 Trespass Key holder heard footsteps on roof /male party on: roof/ran off into woods /UTL 1'0108/2011 2217 1/1115135 Suspicious Vehicle People lookin into vehicles. in parking lot/GOA 10/14/2011 1008 111115400 Miselnformation Key holder will be working at location 10115/2'019' 0928 111115459 Suspicious Activity Rush employee ee workin on buildin /reference 111915400 11/09/2011 0858 11111'6816 Dama a Property Ofe conducting business check found graffitii on outside of buildin 11/1:012011 1119 111116862 Misc information Key holder working at location 12/27/2019 0922 111119163 Surglary Ofc conducting 'business checkfound open door /safe & speakers: taken/graffiti on walls 01/03/2012 0844 1121001.29 Mise Information Key holder on scene with contractors `01131/2012 1317 1121.01699 SuspiciousActiVity Party at location looking for contact.infom ationto possibly develop: location 03/0912012 0949 . 112103381 Misc Information Construction workers working at. location 03118/2012 1910 112103825 Misc Information Ke .holderworkin at:location 03/25/2012 1856 112104138 Misc.lnformaton Key .holder working at.location 04/26/2012 07/1412012 08124/2012 1650 1014 11;07 112105630 112109455 112111548 Suspicious, Person Suspicious Person SuspiciousAdvity Person searching for scrap metal behind locationladvised 'Person by fence/UTL Possible marijuana growing by buildin lunfo,unded 08/2672012 0001 112111622 Suspicious Activity Wanted to know why there were vehicles in lot/advised - they had permission 08/29/2012 1629 112111804 'Prop Damage MV vs. MV Accident Minor: perty damage accident parties using lot with permission 09/20/2012 1924 112112985 Illegal Dumping 55 gallon drums and storage bins dumped at location 0913012012 0908 112113345 Dam age Property Ofc conducting business check found graffid on outside of buildin 10116/20121 1243 112114058 Illegal Dumping Deer carcass dumped behind location Cottage J Grove h ere Pride ar,,?V0S9er1ty Meet TO: Danette Parr, Economic Development Director FROM: John M. Burbank, Senior Planner DATE: January 30, 2013 RE: Vacant Commercial Property Review — West Point Douglas Road As requested, I visited the major vacant properties along West Point Douglas Road to review them for code violations. The results of the windshield survey are identified below: WEST POINT DOUGLAS ROAD COMMERICAL VACANT CODE VIOLATION REVIEW Property Code Violations Required Action 5th Street Ventures None None The Rush • Obsolete sign Needs to be • Numerous exterior storage piles (site removed /repaired related) • Numerous exterior storage piles (trespass dumping) • Parking lot dilapidated • Tarps on rooftop mechanical equipment TCF — Golf Dome Site • Minor miscellaneous debris piles on site Needs to be removed St. Paul Land Resources None None Market Place Miscellaneous None None Tenant Spaces Pointe West Business Center 1 None None Miscellaneous Tenant Spaces Pointe West Business Center 2 None None Miscellaneous Tenant Spaces Cottage Grove Motors — None None Commercial Majestic Ballroom . Dilapidated fagade Needs to be • Dilapidated fence removed /repaired • Graffiti • Mold and mildew on exterior *City controlled property