2003-08-07 Espcially for Children FenceNORTHWEST ASSOCt:ATED CONSULTANTS, [NC.
5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416
Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com
August 7; 2003
Mr. Dan O'Mara
Portfolio Design Services Inc.
2340 North Lexington Avenue
Roseville, MN 55113
RE: Albertville — Especially for Children (Response to Memo dated July 31,
2003)
FILE: 163.06 — 02.31
Dear Mr. O'Mara,
The purpose of this letter is to respond to issues raised by the memo received from
Portfolio Design Services Inc., dated July 31, 2003. It is my understanding that you
have an issue with the action taken by the Albertville City Council on December 16,
2002 to approve a Conditional Use Permit (CUP) for construction of a special purpose
fence for the Especially for Children Day Care facility located at 5600 LaCentre Avenue.
In the memo you identified that the Planning Commission minutes do not reflect your
recollection of the meeting events. The Planning Commission minutes are a summary
of the meeting events and once approved by the Planning Commission, become the
official record of the meeting. The Planning Commission approved the minutes of the
December 10, 2002 meeting at their January meeting and as such the meeting minutes
stand as written.
With regard to City Council meetings, a list of meeting dates for both the Planning
Commission and City Council is provided with each development application packet that
is distributed to applicants. It is the responsibility of the applicant to find out when items
will be scheduled on meeting agendas which is typically done by contacting the City
Administrator, who is responsible for scheduling meetings. The property owner was in
attendance at the December 16, 2003 City Council meeting and was present when the
City Council motion was made. The City requires only that a person representing the
applicant be in attendance at the meeting.
The City Council action outlined in the December 16, 2003 minutes (attached) is the
formal approval granted for the CUP. The City Council did not approve the CUP as
recommended by the Planning Commission or requested by the applicant but instead,
approved the CUP with the specific condition that a six (6) foot fence be installed. The
City Council is responsible for all formal actions related to CUP applications and is not
bound by the recommendations it receives from the Planning Commission. The only
special purpose fence approved for installation to enclose the outdoor play area is a six
(6) foot tall fence. The purpose of the CUP process, is to allow the City to review
specific site by site cases and to evaluate the use and its relation to adjacent properties.
The City Council has the full discretion in the case of a CUP for special purpose fences
to require the fence height or other factors that they deem necessary. The City Council
specifically discussed the fence height matter and chose to require a taller fence than
proposed or recommended by the Planning Commission in order to address safety
issues associated with the day care use. The City Council motion outlined in the
December 16, 2002 minutes reflect the specific fence height condition placed on the
CUP.
The options available at this point are to 1) construct a six (6) foot fence conforming to
the approval of the City Council CUP or 2) make a formal application to amend the CUP
to allow a shorter fence. The process to amend the CUP requires submittal of a new
development application and fees to the City. The process includes review by both the
Planning Commission and City Council similar to the original CUP. To obtain a
development application packet you should contact City Administrator Linda Goeb at
763-497-3384.
Respectfully,
NORTHWEST ASSOCIATED CONSULTANTS INC.
Brixius,-Princi
Attachments:
1. City Council Minutes (December 16, 2003)
CC Linda Goeb, Mike Couri, John Sutherland
ALBERTVILLE CITY COUNCIL
December 16, 2002
Albertville City Hall 7:00 PM
PRESENT: Mayor Scott Wallace, Councilmembers LeRoy Berning, Keith Franklin, Tom
Fay, and John Vetsch, City Engineer Pete Carlson, City Attorney Mike Couri, City Planner Al
Brixius, and City Administrator Linda Goeb
Mayor Wallace called the regular meeting of the Albertville City Council to order.
The agenda was amended as follows:
• Add Item 5d(2) — Contingent approval of wetland mitigation plan for Outlets at Albertville
Phase III
• Add Item 5d(3) — Flashing lights 57d' /CSAH19
• Add Item 5d(4) — Fees for road improvements
• Add Item 5c(6) — Off premise signs
• Add Item 5c(7) — Garbage at job sites
Franklin made a motion to approve the agenda as amended. Fay seconded the motion. All
voted aye.
Berning made a motion to approve the minutes of the December 2, 2002, regular
meeting as presented. Franklin seconded the motion. All voted aye.
Mayor Wallace asked if anyone wished to address the Council under Citizen Forum.
Ron Klecker, a resident of the Cottages of Albertville, expressed appreciation to the City
for their efforts towards getting stop signs at CSAH 19/57d' Street intersection. He would still
like to see the speed limit decreased in the area.
Berning made a motion to approve the Consent Agenda as follows:
• Approve payment of claims (Check #17245—17277)
• Resolution #2002-38 (A Resolution Adopting the Final 2002 Tax Levy Collectible in 2003)
• Resolution 92002-39 (A Resolution Adopting the 2003 Final Budget)
• Resolution #2002-40 (A Resolution Appointing Personnel)
• Resolution #2002-41 (A Resolution Establishing 2003 Wages for City Employees)
• Approve Letter of Credit Reduction for Cedar Creek North 3rd Addition to $21,000
• Approve Letter of Credit Reduction for Cedar Creek South 6th Addition to $5,000
• Approve Letter of Credit Reduction for Towne Lakes 2nd Addition to $759,000
• Approve On -Sale Wine License (Not to Exceed 14% Alcohol by Volume) for Hong Thai,
Inc. at 5600 LaCentre Avenue NE (Randy & Boun Yeng Carstensen, applicants)
• Authorize payment of all just claims received by December 31, 2002
Fay seconded the motion. All voted aye.
Albertville City Council Minutes
December 16, 2002
Page 2 of 5
Water Operator John Middendorf explained that he would like to permission to change
from using meter horns on water meters to providing pigtails to be used for connectors as
discussed at a previous Public Works Committee meeting at first of year. The change would be a
decrease in the cost to the homebuilder for residential meters. Vetsch made a motion to approve
Middendorf s request for the change. Franklin seconded the motion. All voted aye.
Middendorf reported tat he is still seeking pricing on the cost of sludge removal. So far the
cost estimates he has received range from .03-.06 per gallon for land application.
Franklin made a motion to accept the WWTF/Water Report as presented. Fay seconded
the motion. All voted aye.
Joel Eull, owner of Eull Concrete Products, told the Council that his 2.16-acre parcel and
buildings are still for sale if the Council wishes to pursue the purchase for a Public Works site.
Vetsch thinks that the Eull property is adequate and wants further research on this site. Another
possibility is to purchase the additional one -acre property located to the west.
The Public Works Committee will meet the second Monday of January to discuss and
investigate the PW needs.
Planner Al Brixius reviewed the request from Gary Vetsch for a CUP to allow an
accessory residential use on the second floor of the Smackdown's Bar & Grill. Also requested is
a variance to the read and side yard setbacks. The Planning Commission has reviewed the
application and recommended that the request be denied. At the last Council meeting, the
Council requested more information about the property and indicated that they would require
that the apartment be owner -occupied
City Attorney Couri reported that his research of the easement on the property indicates
that the easement is still valid. If that is the case, parking in the easement would only be
permitted by an agreement with the other property owner.
Gary Vetsch thinks the City should be responsible to remove curb cut on north side (57t'
Street) and the curbing around the parking lot. Drainage from the adjacent lot east of his site
flows to the west over his parking lot.
Couri believes the alley between the lots has not been vacated. Berning suggests the
drainage issue should be addressed before a decision on the request is considered. The Council
directed Couri look at the actual abstract for the property's owners to determine if the alley was
ever vacated on the abstracts. The Council agreed to table this item to the January 6a' meeting.
The administrator will send letter to Gary Vetsch stating the City is taking an additional 60
days to review his application.
Albertville City Council Minutes
December 16, 2002
Page 3 of 5
Brixius explained that the zoning was changed from B-3 to PUD for the Outlets at
Albertville Phase III but that the Council did not adopt the ordinance making the change.
Fay made a motion to adopt 0-2002-17 titled AN ORDINANCE AMENDING THE
ALBERTVILLE ZONING MAP, rezoning the property fro B-3 to PUD Berning seconded the
motion. Wallace, Franklin, Fay and Berning voted aye. Vetsch voted no. The motion carried.
Brixius reviewed the request from Especially for Children Day Care and property owner
Gary Janish for a day care facility at 5600 LaCentre Avenue NE, zoned B-2 and a Conditional
Use Permit for the construction of a special purpose fence to enclose the outdoor play area.
Exterior modifications of the building will include the addition of both windows and doorways to
the south of the service bay.
Berning made a motion to adopt the Findings of Fact & Decision approving the CUP
requests, as amended requiring a 6 foot fence as a part of Condition #4. Fay seconded the
motion. All voted aye.
Brixius reviewed the proposed rezoning from B-2 and B-3 to 13-2A as recommended by
the Planning Commission. Brixius told the Council that the Towne Lakes Concept plan shows a
gas station at the entrance into the neighborhood, which will not be a permitted use in the 13-2A
zone. The developer will be applying for a PUD on the south side of the entranceway to allow
for gas station and other commercial uses.
Berning made a motion to adopt ORDIANCE #2002-19 titled AN ORDINANCE
AMENDING SECTION 300 (Administration — Map Amendment ) OF THE
ALBERTILLE ZONING ORDINANCE TO PROVIDE FOR A CHANGE IN ZONING
CLASSIFICATION FROM B-3 AND B-2A "SPECIAL BUSINESS DISTRICT". Fay
seconded the motion.
Shelly Tompkins of CPDC told the Council that the commercial uses they have planned
to incorporate into the Towne Lakes addition were allowed in the B-3 zone. If the site is rezoned
to PUD, the gas station/convenience store will be designed to fit into the character of the
"neighborhood".
Mayor Wallace asked for a vote on the motion to adopt Ordinance #2002-19. All voted
aye.
Fay made a motion to adopt ORDINANCE #2002-20 titled AN ORDINANCE
AMENDING THE ALBERTVILLE ZONING ORDINANCE, SECTION 4400.2.c,
PERMITED USES FOR THE B-3 HIGHWAY COMMERCIAL DISTRICT to allow rental
uses in B-3 zone. Franklin seconded the motion. All voted aye.
Councilmember Berning requested that the owners of the off premise signs on the corner
of CSAH 19/50t' Street be notified that the signs are non -compliant and must be removed. Staff
was directed to send a letter to each owner requesting them to remove the non -compliant signs.
r
Albertville City Council Minutes
December 16, 2002
Page 4 of 5
City Attorney Couri was directed to draft an ordinance that requires that construction
dumpsters be covered and all debris from the job site be contained for the Council to consider.
In the meantime a memo will be sent to each builder requiring that job sites be kept free of litter.
Patrick Callan presented a request to purchase 235' of Outlot E , Northwest Commercial
Park for $329,168 for 87,778 sq. ft ($3.75 per square foot) and a first right of refusal to purchase
the remainder of the outlot at a later date.
Berning made motion to sell the parcel to Callan at a price of $4 per square foot. Franklin
seconded the motion. All voted aye. Callan agrees to purchase the property at $4 per square
foot. City Attorney Couri will prepare a purchase agreement for the sale.
Councilmember Franklin reported that Dave Commers, owner of Carpet Country, agrees
with the Council's offer to use the stockpiled fill stored at the site to build up Lot 1, Block 2,
Northwest Commercial Park, and purchase the property at $3.75 per square foot.. Commers
would like to close in the spring. Couri was directed to prepare a purchase agreement with Dave
Commers based on these terms.
City Engineer Pete Carlson explained that the City was not notified on the publication of
the EAW for the Otsego Wastewater Treatment Facility. There is no recourse on the failure of
the notification. The City would have commented on transportation issues and the PCA would
likely have responded that the two cities work together on those issues. Otsego's effluent permit
is out for comment until December 20ch. The city does have the opportunity to respond, but
Otsego's plant will not have any effect on the Albertville's treatment facility. Therefore, Carlson
does not believe a response is necessary.
Carlson reviewed the wetland mitigation plan for the Outlets of Albertville Phase III and
reported that the TEC Panel had met earlier in the day. Comments from the Panel were for
minor clarifications and further documentation, both of which are being prepared. Carlson
recommended approval of the wetland mitigation plan, contingent upon TEC panel's final
approval.
Franklin made a motion to approve the wetland fill application for the Outlets of
Albertville Phase III, contingent upon approval of the TEC Panel. The actual resolution will be
presented to the Council for adoption in January. Berning seconded the motion. Franklin,
Berning, Wallace and Fay voted aye. Vetsch voted no. The motion carried.
The Council agreed that flasher lights on the stop signs at the intersection of CSAH/57a'
Street are necessary. Pete will contact Wright County and try to have the lights installed as soon
as possible.
Berning questioned if the City could charge a fee from developers for road improvements.
City Attorney Couri explained that the language is already incorporated in our ordinance which
requires that developers to show traffic impacts. If the impact indicates that road improvements
e
Albertville City Council Minutes
December 16, 2002
Page 5 of 5
are necessary for the project to precede, negotiations can be held with the developer to pay a
portion of the costs.
Franklin made a motion to approve AMENDMENT TO DON'S BUS GARAGE
CONDITIONAL USE PERMIT/PLANNED UNIT DEVELOPMENT AGREEMENT as
presented. Fay seconded the motion. All voted aye.
Vetsch made a motion to adopt RESOLUTION #2002-43 titled RESOLUTION
ACCETING DONATION OF CERTAIN LOTS WITHIN BARTHEL'S INDUSTRIAL
PARK. Franklin seconded the motion. All voted aye.
Fay made a motion to adopt ORDINANCE #2002-18 titled AN ORDINANCE
REGULATING THE DISCHARGE OF SUMP PUMPS. Beming seconded the motion. All
voted aye.
City Attorney Couri advised the City has received a complaint about Fire Department
personnel and practices. The matter is one of data privacy, however, the City needs to
investigate the allegations. Some alleged practices are liability issues for the City. Couri
recommends the City bring in a person who is familiar with Fire Department matters to do the
investigation and present a report to the Council. The complaint about personnel needs to be
investigated as well. Couri will come back to the Council in January with cost estimates for the
investigation.
aye.
Vetsch made a motion to adjourn at 10:10 PM. Wallace seconded the motion. All voted
Scott Wallace, Mayor
Linda Goeb, City Administrator