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2012-04-16 CC PacketA,lbertville City of Albertville Council Agenda Smeii Town UNng. big My Uri. Monday, APRIL 16, 2012 7:00 PM PUBLIC COMMENTS -The City of Albertville welcomes and encourages public input on issues listed on the agenda or of general community interest. Citizens wishing to address the Council regarding specific agenda items, other than public hearings are invited to do so under Public Forum and are asked to fill out a "Request to Speak Card". Presentations are limited to five (5) minutes. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE — ROLL CALL 3. RECOGNITIONS — PRESENTATIONS — INTRODUCTIONS A. MPCA Waste Treatment Award B. 2011 Annual Audit Presentation 4f„ Tx�,n,� Sty (e 4. CITIZENS OPEN FORUM — (time reserved 5 minutes) 5. AMENDMENTS TO THE AGENDA 6. CONSENT AGENDA All items under the Consent Agenda are considered to be routine by the City staff and will be enacted by one motion. In the event an item is pulled it will be discussed in the order it is listed on the Consent agenda following the approval of the remaining Consent items. These items will be approved by a separate motion. A. Approve the April 2, 2012 regular City Council minutes as presented (pgs 1-5) B. Authorize the Monday, April 16, 2012 payment of the claims that includes electronic payments 1121EFT-1132EFT and check numbers 30884 to 30911 as presented (pgs 6- 11) C. Approve the Albertville Friendly City Days request to close streets and extend the hours of Central Park on Thursday, June 7th to 10:00 p.m., Friday, June 8th and Saturday June loth to 1:30 a.m. as on file in the Office of the City Clerk. (pgs 12-13) D. Approve the two (2) One -day 3.2% Malt Liquor License that has been submitted by C. L.Gentile (DBA; Geez Sports Bar & Grill) for a fundraiser that will be held on Saturday, May 19 and Sunday, May 20 from 8:00 a.m. to 10:00 p.m. within Central - City Park. (pgs 14) E. Approve the Albertville Lions Off -site Gambling LG230 Application to conduct a meat raffle in conjunction with the Hog Roast on Saturday, April 28th that will take place at the St. Albert Parish Center located within the Albertville city limits, which a signed copy of the gambling permit will be kept on file in the office of the City Clerk. (pgs 15) City of Albertville Council Agenda Monday, April 16, 2012 Page 2 of 3 F. Approve Resolution No. 2012-022 entitled a Resolution Approving a New Gambling License for the STMA Youth Hockey Association at the 152 Club located at 5794 Main Avenue NE, Albertville, Mn, which the Minnesota Lawful Gambling LG214 Premises Permit Application will allow the STMA Youth Hockey Association to sell pull -tabs at the 152 Club located at 5794 Main Avenue NE within the Albertville city limits, which a signed copy of the gambling permit will be kept on file in the office of the City Clerk. (pgs 16-17) G. Acknowledge receipt of the draft Planning Commission Minutes (pgs 18-52) 7. PUBLIC HEARINGS A. Parkside Commercial Planned Unit Development Amendment (see Planning and Zoning Commission Meeting Packet (pgs 22-37 with Ord on page 34) B. Neighbor's Eatery Conditional Use Permit (see Planning and Zoning Commission Meeting Packet (pgs 38-56 with Resolution on pg 53) 8. Parkside Commercial Planned Unit Development Amendment- consider Adoption of Ordinance No. 2012-01 Amending the Official Zoning Map of the City of Albertville, Relating to the Property at Parkside Commercial Center, Located West of CSAH 19 and North of 57ffi Street Northeast to increase the assembly use floor area not to exceed 4309 2,500 square feet. (see Planning and Zoning Commission Meeting Packet (pgs 22-37 with Ord on page 34) 9. Neighbor's Eatery Conditional Use Permit (CUP) — consider adoption of Resolution No. 2012-021 entitled a Resolution Approving a Conditional Use Permit for Accessory Outdoor Dining and Off -site Parking for Neighbor's Eatery and Saloon Located at 5772 Main Avenue Within the City of Albertville. (see Planning and Zoning Commission Meeting Packet (pgs 38-56 with Resolution on pg 53) 10. DEPARTMENT BUSINESS A. City Council City Administrator Performance Review B. Finance Department 1). Resolution Awarding the Sale of General Obligation Capital Improvement Plan Refunding Bonds, Series 2012B Fixing their Form and Specifications Directing Their Execution and Delivery and Providing for Their Payment. To be distributed at the meeting as sale is the morning of April 16, 2012. 2). Vacant Property Registration Oral Update C. Public Works Director/City Engineer 1). Oral Update on I-94 2). Building Official Report (pg 57-59) M:\Public Data\City Council\Council Agendas\2012 Agendas\04 16 2012 Agenda.doc Meeting Date: April 16, 2012 City of Albertville Council Agenda Monday, April 16, 2012 Page 3 of 3 3). Public Works and Parks Supervisor's Report (pg 60) D. Administration 1). Fraser Steel Tax Increment Financing (pgs 61-79) 2). Jessica Weishar Memorial (pgs 81) 3). Special Reminder of the Board of Appeals meeting scheduled for Wednesday, April 18ffi at 5:30 p.m. This is an opportunity for property owners to contest the property values determined by the County Assessor. 4). Other 11. ANNOUNCEMENTS and or UPCOMING MEETINGS April 14, 2012 Town Hall Meeting April 18, 2012 Board of Appeals Meeting @ 5:30 p.m. Su M Tu W Th F Sa 1 3 4 5 6 7 8 `10 11 12 13 14 15 17 18 19 20 21 22 _ 24 25 26 27 28 29 12. AJOURNMENT M:\Public Data\City Council\Council Agendas\2012 Agendas\04 16 2012 Agenda.doc Meeting Date: April 16, 2012 411* AxIbertville Small TOWII uMng. sig Git„ Ub. ALBERTVILLE CITY COUNCIL Monday, April 2, 2012 MINUTES ALBERTVILLE CITY HALL CALL TO ORDER — PLEDGE OF ALLEGIANCE Vice -Mayor John Vetsch called the regular City Council meeting to order at 7:05 p.m. ROLL CALL 7:00 PM Present: Council members John Vetsch, Larry Sorensen, Dan Wagner, and Jillian Hendrickson Absent: Mayor Meehan (entered the meeting at 7:15 p.m.) Others Present: City Administrator Larry Kruse, Utilities Supervisor John Middendorf, Public Works Supervisor Tim Guimont, Finance Director Tuna Larn2es, City Engineer Adam Nafstad, City Attorney Michael Couri and City Planner Alan Brixius. APPROVAL OF THE AGENDA Vetsch noted there were no amendments to the agenda. CMs Sorensen/Wagner motioned to approve the Monday, April 2, 2012 agenda as sent and presented. Motion carried unanimously. CONSENT AGENDA All items under the Consent Agenda are considered to be routine by the City staff and will be enacted by one motion. In the event an item is pulled it will be discussed in the order it is listed on the Consent Agenda following the approval of the remaining Consent items. These items will be approved by a separate motion. A. Approval of the March 19, 2012 City Council minutes as presented. MAPublic Data\City Council\Council Minutes\2012 Minutes\City Council\M 04 02 2012.doc City of Albertville Council Minutes March 19, 2012 Page 2 of 5 B. Authorize the April 2, 2012 Payment of Claims (bills) for electronic payments 1004EFT—1110EFT and checks 30846 to 30879 as presented. C. Approve Resolution 2012-018 entitled a Resolution Acknowledging a Donation from the Albertville Lions in the amount of $2,500 for City Holiday Lights. D. Approve Resolution 2012-020 entitled a Resolution Re-establishing Precincts and Polling Places. E. Approve hiring Jacob Kreutner for the full-time Water, Waste Water Maintenance position starting Monday, April 16, 2012 at step one with a starting wage of $20.58 per hour with a six month probation. CM Hendrickson said that key people that will work with Jacob Kreutner did a thorough job of evaluating 60 applicants and has selected a good candidate. CMS Hendrickson/Sorensen motioned to approve the Consent Agenda as presented. Motion carried unanimously. FINANCE DEPARTMENT Inter -fund Loans Finance Director Lannes reported to the City Council that the City Council approves projects with plans to issue bonds or some other type of financing at some future date. Inter -fund loans provide interim financing until the other financing is completed. In some cases inter -fund loans are the primary source to finance projects that have a very short term. An example of this is carrying assessments for a project for a few years where it is not cost effective to issue new debt. At least annually, City Staff and auditors review and recommend inter -fund loans/advances to fund running negative balances so as to remain in compliance with Generally Accepted Accounting Principles (GAAP). CM Wagner/Mayor Meehan moved to approve Inter -fund Loans/Advances from the Sewer Access Fund and further to approve Resolution No. 2012-016 entitle a Resolution Authorizing and Documenting Inter -fund Loans/Advances from the Sewer Access Fund. Motion carried unanimously. Mayor Meehan took over the meeting from Vice -Mayor Vetsch. Fund Transfers Finance Director Lannes reported that at least annually, the City completes a number of Fund Transfers as necessary. Staff works in conjunction with our consulting accounting firm Abdo, Eick & Meyers LLP to identify funds to close or transfer uncommitted funds to other funds. The transfers are further audited by Kern, DeWenter, Viere, LtdKDV to insure compliance with generally accepted accounting rules. CMs Wagner/Sorensen moved to approve Resolution No. 2012-017 entitled a Resolution to Transfer Funds. Motion carried unanimously. MAPublic Data\City Council\Council Minutes\2012 Minutes\City Council\M 04 02 2012.doc 14 City of Albertville Council Minutes March 19, 2012 Page 3 of 5 PLANNING REPORT City Planner Alan Brixius gave an oral update that staff was expediting the Parkside Commercial amended Planned Unit Development to allow a church space expansion. Brixius said the Planning Commission will discuss the expanded use, and the Public Hearing which would normally be held at the Planning Commission will be held at the April 16'h Council meeting. This accommodation is expediting the project by about a month. CM Vetsch cautioned staff and the Council about the expansion of a church in this prime commercial area and the City, County and School could lose tax revenue if it were to go tax exempt. Brixius acknowledged CM Vetsch's concerns and said that with the prior expansion of other_ businesses like the Veterinarian Clinic make it unlikely the property will be tax exempt. Further, there will be multiple buildings on the site. City Planner Alan Brixius gave an oral update that staff was expediting the Neighbor's Eatery Conditional Use Application in a similar fashion to Parkside Commercial. Brixius said the Planning Commission will discuss Neighbor's application and the Public Hearing which would normally be held at the Planning Commission will be held at the April 16th Council meeting. This accommodation will expedite the project by about a month. CITY ENGINEER I-94 West Bound Collector Distributor Project Bid Award City Engineer Adam Nafstad presented the Council with the I-94 bid results. As directed by the Council, the proposed I-94 WB CD Road project was advertised and on March 13, 2012, bids for the improvements were opened. A total of six (6) bids were received with quotes ranging from $6,645,796.85 to $7,744,239.84, as shown on the attached Bid Tab. Eureka Construction, Inc., of Lakeville, Minnesota, submitted the low bid for the project in the amount of $6,645,796.85. On March 19th, 2012, the Council held a Public Hearing on the improvement and ordered the project. The low bid proposal has been submitted to Mn/DOT Offices of State Aid and Civil Rights and has been cleared for award by both. If the Council chooses to award the contract, staff will prepare the contract manuals, notice the Contractor of the award, and proceed with execution of the contract. CMs Sorensen/Hendrickson moved approve Resolution No. 2012-019 entitled Resolution Accepting the Bid for the I-94 Project. Motion carried, with John Vetsch voting nay. MAPublic Data\City Council\Council Minutes\2012 Minutes\City Council\M 04 02 2012.doc 3 City of Albertville Council Minutes March 19, 2012 Page 4 of 5 I-94 West Bound Collector Distributor Construction Management City Engineer Nafstad said that the City will need to provide construction administration services, as required by the previously approved DCP agreement with Mn/DOT. Such services generally include: project management, project engineering, construction observation, material testing, construction staking, and general project oversight. Staff proposed the following management team to provide the construction administrative services: Project Manager: To be provided internally by Public Works Director/City Engineer Adam Nafstad. It is estimated that this position will require approximately 900 _hours__of service through total project completion. Project Engineer: It is proposed that the project design engineers, SRF Consulting, provide the continued engineering services as the project engineer. It is estimated that this position will require approximately 800 hours of service, or approximately 20 hours a week through completion of the contract. Inspection: It is proposed the Resident Project Representative (RPR) services be jointly provided by Bolton & Menk and the City of St. Michael. It is estimated that RPR services will require two (2) full-time on -site employees through the duration of the project. It is estimated that each RPR will provide approximately 2,200 hours of service through the construction period. Special Inspections: Special structural inspections or engineering needs related to the retaining walls are provided by the design engineers, SRF Consulting. It is estimated that approximately 400 hours of special inspections may be required through the construction period. Construction Staking: Bolton & Menk continue to provide the survey and construction staking services required for construction. It is estimated that approximately 650 hours of survey services will be required. Material Testing: It is proposed that Braun Intertec be retained to provide the quality assurance material testing required for the project. Braun's services will include on -site and plant sampling and testing, as well as, laboratory testing and reporting. Because the actual professional service hours required for construction administration will be dependant the Contractor's schedule and site conditions, it is recommended that all services be provided on an as -needed hourly basis and at a set hourly rate. Based on the total estimated services hours and assumed testing schedule, the estimated total construction administration cost is $835,000. CMs Hendrickson/Sorensen moved approve service agreement with St. Michael entitled Agreement for Resident Project Representative Services and authorize staff to make non- material technical changes as necessary. Motion carried unanimously. MAPublic Data\City Council\Council Minutes\2012 Minutes\City Council\M 04 02 2012.doc 0 City of Albertville Council Minutes March 19, 2012 Page 5 of 5 The Council noted for City Administrator Kruse to let the Council know if there are any changes needed to the agreement. CMs Sorensen/Wagner moved to approve hiring the City of St. Michael, SRF, Bolton & Menk, and Braun Intertec on an as needed hourly basis for construction administration, engineering, testing and construction staking services, as required by the Mn/DCP Agreement, with management oversight by the Albertville Public Works Director/City Engineer. Motion carried unanimously. I-94 and the Wright County Board City Engineer Nafstad reported that City Administrator Kruse and he attended the Wright County Transportation Committee of the Whole. He said the County Board was pleased with the bid results and the- savings _to be_shared-by all. The Albertville City Council thanked the County Board for their financial and moral support for the project. Former Mayor Ron Klecker said he had two words to share with the Council about the I-94 Project Award. He said "thank you" and everyone smiled at his short talk. ADMINISTRATION City Administrator Kruse reminded the City Council of the upcoming Town Hall meeting on Saturday, April 16, 2012. He said the newsletter will be mailed in ample time to promote the event. Mayor Meehan reported he had received a letter regarding a resident who received a Vacant Property Registration and asked staff to review the letter and the situration. Kruse said he would take care of it. ADJOURNMENT CMs Vetsch/Wagner motioned to adjourn the meeting at 8:10 p.m. Motion carried unanimously. Larry Kruse, City Administrator/Clerk MAPublic Data\City Council\Council Minutes\2012 Minutes\City Council\M 04 02 2012.doc 5 .11 �1bcrtvi j jc Mayor and Council Communication Smell Town living. gig G!y Ws. April 12, 2012 SUBJECT: CONSENT - FINANCE DEPARTMENT - PAYMENT OF BILLS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Authorize the Monday, April 16, 2012 payment of the claims that includes check numbers 1121 EFT —1132 EFT and checks numbered 30884 to 30911 as presented except the bills specifically pulled, which are passed by separate motion. BACKGROUND: The City processes claims on a semi-monthly basis. The bills are approved through their respective departments and administration and passed onto the City Council for approval. KEY ISSUES: Account codes starting with 810 are STMA Arena Expenses/Vendors (bolded) Check No. 30886 BusinessWare Solutions — Symantec Antivirus License Renewal Check No. 30905 Sogard — Refund overpayment of final Utility Bill POLICY/PRACTICES CONSIDERATIONS: It is the City's policy to review and approve payables on a semi-monthly basis. FINANCIAL CONSIDERATIONS: City staff has reviewed and recommends approval of payments presented. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve all bills pursuant to Minnesota State Law, which requires all bills to be paid in a timely manner, generally within 30 days unless one party determines to dispute the billing. Submitted through: Larry R. Kruse, City Administrator Department/Responsible Person: Finance/Tina Lannes, Finance Director Attachments: Check Register Detail 0 Mayor and Council Communication — April 16, 2012 Finance — Payment of Claims A,lbertAlle Smolt Town Uvino. 8io Cicu Ufa. Check Detail Register Page 2 of 6 April 2012 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 001121E 4/12/2012 FASTENAL COMPANY E 101-43100-215 Shop Supplies $27.54 MNTC482501 PW 1" frge brass ball valve E 101-43100-215 Shop Supplies $3.88 MNTC482729 PW ChicagoFit Female 3/4 Total FASTENAL COMPANY $31.42 Paid Chk# 001122E 4/12/2012 COURT & RUPPE, P.L.L.P. G 101-22831 Woodside - Karston Cove $85.00 04022012 Karston Cove 3rd legal sery E 101-41600-304 Legal Fees $46.00 04022012 LaBeaux Station legal sery E 810-00000-304 Legal Fees $150.00 04022012 Arena legal sery E 468-49000-300 Professional Srvs (GENERAL) $1,987.50 04022012 1-94 legal services E 101-41600-304 Legal Fees $2,325.00 04022012 Engineer contract, PUD's, Neighbors, Misc E 101-41600-304 Legal Fees $170.00 04022012 Parkside Comm legal sery Total COURI & RUPPE, P.L.L.P. $4,763.50 Paid Chk# 001123E 4/12/2012 N. A. C. E 101-41910-306 Planning Fees $1,165.60 20166 City Projects -Tech Assist E 101-41910-306 Planning Fees $491.70 20167 Private Projects -Tech Assist E 101-41910-306 Planning Fees $875.00 20168 ordinances, PUD's, zoning, Town Hall mtg E 101-41910-306 Planning Fees $1,185.00 20169 Vision Study -Technical Assistance E 101-41910-306 Planning Fees $1,318.00 20170 Central Park -Tech Assist Total N. A. C. $5,035.30 Paid Chk# 001124E 4/12/2012 S & T OFFICE PRODUCTS E 101-41400-200 Office Supplies (GENERAL) $56.28 01 PC6290 CH gen'i office supplies Total S & T OFFICE PRODUCTS $56.28 Paid Chk# 001125E 4/12/2012 WRIGHT COUNTY SHERIFFS PATROL E 101-42110-307 Police Contract Fees $43,737.00 Patrol-12-04 Police Protection Sery Total WRIGHT COUNTY SHERIFFS $43,737.00 Paid Chk# 001126E 4/12/2012 BOLTON & MENK, INC E 101-41710-303 Engineering Fees $220.00 0145635 2012 AV 6th sidewalk E 101-43100-303 Engineering Fees $1,155.00 0145636 2011 Street Improvements E 101-41700-303 Engineering Fees $660.00 0145637 2012 MSA system E 101-41710-303 Engineering Fees $165.00 0145638 2012 TL 6th Add E 604-49660-303 Engineering Fees $1,920.00 0145642 2012 Ditch No 9 Improve E 101-41700-303 Engineering Fees $660.00 0145652 2012 Gen'i staff mtgs E 468-49000-303 Engineering Fees $17,855.00 0145652 2012 1-94 WBCD road E 101-41700-303 Engineering Fees $3,166.00 0145652 maps, project update, plansets, etc E 810-00000-300 Professional Srvs (GENERAL) $495.00 0145652 2012 Arena tasks E 101-41700-303 Engineering Fees $498.00 0145652 2012 LGU Admin. E 101-41710-303 Engineering Fees $240.00 0145665 2012 BD zoning assistance E 101-43100-303 Engineering Fees $385.00 0146191 2011 Street Improvements E 101-41700-303 Engineering Fees $660.00 0146192 MSA system E 101-41700-303 Engineering Fees $445.00 0146204 2012 Gen'I BD assistant E 468-49000-303 Engineering Fees $8,987.00 0146214 2012 1-94 WBCD Eng assistance E 601-49450-300 Professional Srvs (GENERAL) $385.00 0146214 MPCA, TEP, WWTF E 101-41700-303 Engineering Fees $551.00 0146214 2012 LGU Admin assistance E 101-41700-303 Engineering Fees $3,326.00 0146214 2012 Gen'l Eng tasks E 101-41700-303 Engineering Fees $990.00 0146214 2012 Gen'I Eng staff mtgs Total BOLTON & MENK, INC $42,763.00 7 Mayor and Council Communication - April 16, 2012 Finance - Payment of Claims Page 3 of 6 Paid Chk# 001127E 4/12/2012 FYCC E 101-45000-598 Pledges & Contributions $1,587.42 01507 Youth & Family April 2012 programming Total FYCC $1,587.42 Paid Chk# 001128E 4/12/2012 WRIGHT-HENNEPIN COOP ELECTRIC E 101-45100-381 Electric Utilities $282.31 1001631-0412 PD parks in the TLks area E 601-49450-381 Electric Utilities $92.96 1001631-0412UD lift stations in TLks area E 101-43100-381 Electric Utilities $604.73 1001631-0412PW street lighting in the TLks area E 810-00000-381 Electric Utilities $29.87 5014270100- Arena electricity Total WRIGHT-HENNEPIN COOP ELECTRIC $1,009.87 Paid Chk# 001129E 4/12/2012 GOPHER STATE ONE -CALL E 601-49450-209 Locates $40.60 36543 UD locates E 602-49400-209 Locates $40.60 36543 UD locates Total GOPHER STATE ONE -CALL $81.20 Paid Chk# 001130E 4/12/2012 JACKS OIL DIST., INC. E 601-49450-404 Repair/Maint - Machinery/Equip $172.22 3473 UD mobil gear xp E 601-49450-404 Repair/Maint - Machinery/Equip $86.11 3473 UD mobil gear xp E 101-43100-404 Repair/Maint -Machinery/Equip $42.50 3473 PW tax/disc E 601-49450-404 Repair/Maint - Machinery/Equip $363.10 3473 UD mobil she 629 5 gal E 601-49450-404 Repair/Maint - Machinery/Equip $184.55 3473 UD mobil she 630 5 gal E 101-43100-404 Repair/Maint - Machinery/Equip $618.20 3473 PW mobil delvac E 601-49450-404 Repair/Maint - Machinery/Equip $55.41 3473 UD tax/disc Total JACKS OIL DIST., INC. $1,522.09 Paid Chk# 001131E 4/12/2012 MVTL LABORATORIES, INC E 601-49450-218 Testing Expenses $144.60 597226 UD chem series tss, phosphorus E 601-49450-218 Testing Expenses $113.40 597934 UD chem series tss, phosphorus Total MVTL LABORATORIES, INC $258.00 Paid Chk# 001132E 4/12/2012 RAPIT PRINTING E 101-41100-300 Professional Srvs (GENERAL) $1,012.25 112337 2012 Vol One Newsletter Total RAPIT PRINTING $1,012.25 Paid Chk# 030884 4/16/2012 ALLIED WASTE E 605-43200-308 Recycling Contract Fee $6,372.45 0899-002023116 Recycling Contract Total ALLIED WASTE $6,372.45 Paid Chk# 030885 4/16/2012 ARAMARK UNIFORM SERVICES E 101-43100-417 Uniform Rentals $11.62 629-7461387 PW uniforms E 101-45100-417 Uniform Rentals $11.62 629-7461387 PD uniforms E 601-49450-417 Uniform Rentals $11.62 629-7461387 UD uniforms E 602-49400-417 Uniform Rentals $11.62 629-7461387 UD uniforms E 101-41940-405 Repair/Maint - Buildings $50.00 629-7466325 CH mops/rugs/towels E 101-42000-417 Uniform Rentals $12.83 629-7466327 FD mops/rugs E 601-49450-417 Uniform Rentals $12.35 629-7466333 UD uniforms E 602-49400-417 Uniform Rentals $12.34 629-7466333 UD uniforms E 101-43100-417 Uniform Rentals $12.34 629-7466333 PW uniforms E 101-45100-417 Uniform Rentals $12.34 629-7466333 PD uniforms Total ARAMARK UNIFORM SERVICES $158.68 Paid Chk# 030886 4/16/2012 BUSINESSWARE SOLUTIONS E 101-41940-404 Repair/Maint - Machinery/Equip Total BUSINESSWARE SOLUTIONS Paid Chk# 030887 4/16/2012 CENEX FLEETCARD E 601-49450-212 Motor Fuels E 101-45100-212 Motor Fuels E 101-43100-212 Motor Fuels E 602-49400-212 Motor Fuels Total CENEX FLEETCARD $1,642.24 158884 CH server software antivirus lic $1,642.24 $1 13.07 58265C UD vehicle 4 fuel $577.27 58265C PD vehicle 3 fuel $577.27 58265C PW vehicle 3 fuel $113.08 58265C UD vehicle 4 fuel $1,380.69 Mayor and Council Communication - April 16, 2012 Finance - Payment of Claims Check Amt Invoice Comment Page 4 of 6 Paid Chk# 030888 4/16/2012 CENTERPOINT ENERGY E 101-41940-383 Gas Utilities $87.27 5361503-5-0312 CH 5975 Main Ave E 810-00000-383 Gas Utilities $441.95 53901310-0312 Arena 5898 Lachman E 601-49450-383 Gas Utilities $205.84 5407574-2-0312 UD 11728 63rd St E 101-43100-383 Gas Utilities $385.73 5421442-4-0312 PW 11822-63rd St E 101-41940-383 Gas Utilities $632.02 6759963-9-0312 CH 5959 Main Ave Total CENTERPOINT ENERGY $1,752.81 Paid Chk# 030889 4/16/2012 CENTURYLINK - NC E 101-41940-321 Telephone $18.97 320197435-0312 Main Long Distance phone chgs Total CENTURYLINK - NC $18.97 Paid Chk# 030890 4/16/2012 CHARTER COMMUNICATIONS E 810-00000-321 Telephone $76.21 013702-0412 Arena phonetcable charges Total CHARTER COMMUNICATIONS $76.21 Paid Chk# 030891 4/16/2012 CITY OF MONTICELLO E 101-42700-309 Animal Control Contract $288.56 0012493 Feb 2012 Animal Control Sery Total CITY OF MONTICELLO $288.56 Paid Chk# 030892 4/16/2012 CROW RIVER FARM EQUIPMENT E 101-43100-215 Shop Supplies $53.20 153448 PW 1 "x1: angle/ 6"x2" chammel Total CROW RIVER FARM EQUIPMENT $53.20 Paid Chk# 030893 4/16/2012 DEHMER FIRE PROTECTION E 101-41940-405 Repair/Maint - Buildings $102.51 6222 CH Annual Fire Extinguisher mntc E 101-43100-405 Repair/Maint - Buildings $102.50 6222 PW Annual Fire Extinguisher mntc E 601-49450-405 Repair/Maint - Buildings $51.26 6222 UD Annual Fire Extinguisher mntc E 602-49400-404 Repair/Maint - Machinery/Equip $51.25 6222 UD Annual Fire Extinguisher mntc Total DEHMER FIRE PROTECTION $307.52 Paid Chk# 030894 4/16/2012 DJS TOTAL HOME CARE CENTER -CH E 101-45100-405 Repair/Maint - Buildings $51.29 60292-1 PD furnace ignitor E 101-43100-215 Shop Supplies $12.79 60351-1 PW metal wheel grind E 101-43100-226 Sign Repair Materials $1.38 60354-1 PW number 4 reflect vinyl E 101-45100-405 Repair/Maint - Buildings $47.00 60396-1 PD rye I/E sat Its pts pf sg gl E 101-43100-215 Shop Supplies $17.79 60433-1 PW hrdware/ace rstp sprty satbik 15oz E 101-43100-215 Shop Supplies $19.23 60597-1 PW pump -siphon air & liquid E 101-43100-215 Shop Supplies $69.46 60601-1 PW shop vac pro series 12gal E 101-43100-215 Shop Supplies $2.24 60636-1 PW 8mmx24mm metric hex scr E 101-43100-215 Shop Supplies ($0.88) 60637-1 PW CREDIT MEMO rim merchandise E 101-43100-215 Shop Supplies $4.14 60650-1 PW fastners - bolts E 101-43100-215 Shop Supplies $17.96 60659-1 PW 3/4-16 lock nut 3/4 flat wshr bolt E 101-43100-215 Shop Supplies ($0.15) 60660-1 PW CR MEMO E 601-49450-210 Operating Supplies (GENERAL) $81.17 60780-1 UD autolock tape msre-sprayr nozzle marine cart sprayr tank E 601-49450-210 Operating Supplies (GENERAL) $24.31 60819-1 UD fantastik cleaner, grease marine, Total DJS TOTAL HOME CARE CENTER -CH $347.73 Paid Chk# 030895 4/16/2012 DJS TOTAL HOME CARE CTR-ARENA E 810-00000-405 Repair/Maint - Buildings $17.57 60539 Arena chiselwood, ph fl mach w/nut Total DJS TOTAL HOME CARE CTR-ARENA $17.57 Paid Chk# 030896 4/16/2012 FERRELLGAS E 810-00000-212 Motor Fuels $184.89 5000762093 Arena motor fuel Total FERRELLGAS $184.89 Paid Chk# 030897 4/16/2012 KUSSMAUL ELECTRONICS CO., INC E 101-42000-404 Repair/Maint - Machinery/Equip $266.20 56307 FD pump plus 1200 part Total KUSSMAUL ELECTRONICS CO., $266.20 Paid Chk# 030898 4/16/2012 L.M.C.I.T. E 810-00000-361 General Liability Ins $8,994.00 39779 Arena worker's comp insurance Total L.M.C.I.T. $8,994.00 0 Mayor and Council Communication - April 16, 2012 Finance - Payment of Claims Page 5 of 6 Check Amt Invoice Comment Paid Chk# 030899 4/16/2012 MINNESOTA COPY SYSTEMS E 101-42000-404 Repair/Maint - Machinery/Equip $60.00 87521 FD copier leaselusage Total MINNESOTA COPY SYSTEMS $60.00 Paid Chk# 030900 4/16/2012 MONTICELLO ANIMAL CONTROL E 101-42700-309 Animal Control Contract $108.00 627 Animal Control Service Total MONTICELLO ANIMAL CONTROL $108.00 Paid Chk# 030901 4/16/2012 NAPA AUTO PARTS E 101-45100-404 Repair/Maint - Machinery/Equip $207.38 689325 PD class 1 LED light NAPA heavy duty 30Qt E 101-43100-404 Repair/Maint - Machinery/Equip $6.46 815556 PW whl bolt-whl nut Total NAPA AUTO PARTS $213.84 Paid Chk# 030902 4/16/2012 NEXTERA COMMUNICATIONS E 601-49450-321 Telephone $27.34 94666- UD phone service E 101-41940-321 Telephone $546.92 94666- CH phone service E 101-42000-321 Telephone $63.81 94666- FD phone service E 101-43100-321 Telephone $63.81 94666- PW phone service E 101-42400-321 Telephone $182.31 94666- BD phone service E 602-49400-321 Telephone $27.34 94666- UD phone service Total NEXTERA COMMUNICATIONS $911.53 Paid Chk# 030903 4/16/2012 NORTHERN SAFETY CO., INC. E 101-43100-215 Shop Supplies $118.60 P326938501015 PW bl ns univ hvy wt pads 17"x19", pr ns mechanics quick fit glv, tap measure E 101-43100-215 Shop Supplies $27.40 P326938501023 PW northern sfty 1st aid kit 25 Total NORTHERN SAFETY CO., INC. $146.00 Paid Chk# 030904 4/16/2012 REDS PORTABLE TOILETS E 101-45100-415 Other Equipment Rentals $192.38 12828 PD rental of portable bills -winter season Total REDS PORTABLE TOILETS $192.38 Paid Chk# 030905 4/16/2012 SOGARD, JAMES CONTRACTING LLC R 602-00000-99999 UNALLOCATED UTILITY $314.11 00-2500-03-2 Resident requested refund of CR Total SOGARD, JAMES CONTRACTING $314.11 Paid Chk# 030906 4/16/2012 SUN PRESS & NEWSPAPERS E 468-49000-300 Professional Srvs (GENERAL) $237.30 1094575 1-94 Improvement Hearing E 101-41100-351 Legal Notices Publishing $54.85 1099890 Pub Hearing (Parkside PUD) E 101-41100-351 Legal Notices Publishing $54.85 1099891 Pub Heaning (Neighbor's Eatery) Total SUN PRESS & NEWSPAPERS $347.00 Paid Chk# 030907 4/16/2012 T-MOBILE - 828941579 E 101-41300-321 Telephone $64.37 828941579-0412 Admin mobil phone service E 101-41500-321 Telephone $64.37 828941579-0412 Finance mobil phone service E 101-42000-321 Telephone $136.70 828941579-0412 FD mobil phone service Total T-MOBILE - 828941579 $265.44 Paid Chk# 030908 4/16/2012 T-MOBILE - ACCOUNT 828939188 E 101-43100-323 Cell Phones $58.90 828939188-0412 PW cell phone E 101-45100-323 Cell Phones $58.91 828939188-0412 PD cell phone E 101-42400-323 Cell Phones $56.30 828939188-0412 BD cell phone E 602-49400-323 Cell Phones $58.91 828939188-0412 UD cell phone E 601-49450-323 Cell Phones $58.90 828939188-0412 UD cell phone Total T-MOBILE - ACCOUNT 828939188 $291.92 Paid Chk# 030909 4/16/2012 WASTE MANAGEMENT E 101-43100-384 Refuse/Garbage Disposal $122.73 6172144-1593-8 PW March 2012 refuse sery E 601-49450-384 Refuse/Garbage Disposal $76.05 6172144-1593-8 UD April 2012 refuse sery E 101-43100-384 Refuse/Garbage Disposal $78.85 6172144-1593-8 PW April 2012 refuse sery E 601-49450-384 Refuse/Garbage Disposal $117.92 6172144-1593-8 UD March 2012 refuse sery Total WASTE MANAGEMENT $395.55 Paid Chk# 030910 4/16/2012 WEST SUBURBAN OFFICIALS ASSN E 810-00000-300 Professional Srvs (GENERAL) $1,284.00 52 Arena Official Association sery Total WEST SUBURBAN OFFICIALS $1,284.00 ra Mayor and Council Communication — April 16, 2012 Finance — Payment of Claims Paid Chk# 030911 4/16/2012 XCEL ENERGY E 601-49450-381 E 601-49450-381 E 601-49450-381 E 101-45100-381 E 101-41940-381 E 101-45100-381 E 101-43160-381 E 101-41940-381 E 101-42000-381 E 101-43100-381 E 101-43160-381 E 601-49450-381 E 101-41940-381 E 101-43160-381 E 601-49450-381 E 101-43160-381 E 101-41940-381 E 601-49450-381 E 101-43160-381 E 101-43160-381 E 601-49450-381 E 101-45100-381 E 101-41940-381 E 101-41940-381 E 101-41940-381 E 101-41940-381 E 101-43160-381 E 101-43160-381 E 101-43160-381 Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Electric Utilities Total XCEL ENERGY Check Amt Invoice Comment $48.46 320188467-0412 $3,880.12 320188467-0412 $70.17 320188467-0412 $16.27 320188467-0412 $58.54 320188467-0412 $80.70 320188467-0412 $40.51 320188467-0412 $57.68 320188467-0412 $415.36 320188467-0412 $350.04 320188467-0412 $37.79 320188467-0412 $41.61 320188467-0412 $1,158.65 320188467-0412 $119.83 320188467-0412 $47.45 320188467-0412 $49.46 320188467-0412 $24.71 320188467-0412 $349.67 320188467-0412 $109.49 320188467-0412 $37.68 320188467-0412 $43.76 320188467-0412 $90.39 320188467-0412 $23.30 320188467-0412 $49.74 320188467-0412 $18.45 320188467-0412 $17.67 320188467-0412 $94.95 320188467-0412 $4.61 320385526-0412 $5,611.85 320399446-0412 $12,948.91 10100 Premier Bank $141,197.73 Fund Summary 10100 Premier Bank 101 GENERAL FUND $84,636.72 468 CSAH 19 RAMPS/I 94 Project $29,066.80 601 SEWER FUND $6,899.02 602 WATER FUND $629.25 604 STORM WATER $1,920.00 605 Recycling Fund $6,372.45 810 STMA ARENA $11,673.49 $141,197.73 Page 6 of 6 UD 5900 Cty Rd 18 swr UD sewer plant UD lift station PD Central Park Shelter C 6002 Main Av parking lot PD ballfield/rink PW 5700 LaBeaux signal C 5964 Main Av FD 11350 57th St PW facility 63rd St PW 11060 61 st St UD 4940 Kaiser swr CH 5959 Main Av C 5975 Main Av UD Lyman lift station PW 5050 LaBeaux Ights C auto protect Ight UD 60th st lift station PW 5300 LaBeaux Ights PW 37 signal UD Kyler lift station PD picnic shelter C add'I facilitity chgs C auto protect Ight C auto protect Ight C auto protect Ight PW 5050 LaBeaux fights PW 10820 Kantar Ctr Street lighting 11 A&crtvill£ Mayor and Council Communication Small Town UWng. gig My Ufa. April 12, 2012 SUBJECT: Consent - Albertville Friendly City Days Committee Street Closing and Park Hours RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider passing the following: MOTION TO: approve the Friendly City Day's Committee street closing, modified Central Park hours and other activities request identified on the April 1, 2012 FCD Committee letter as on file in the office of the City Clerk. BACKGROUND: Friendly City Days is June 4th through June 11`1i. This annual event request has been approved in past years and these accommodations make for a great event. The City has had few complaints, and the ones received were generally address satisfactorily. It's a good thing! FINANCIAL CONSIDERATIONS: No Financial Costs LEGAL ISSUES: No legal issues. Submitted by: Larry Kruse Department/Responsible Person: Larry Kruse, City Administrator M:\Public Data\Requests for Council Actions (RCA)\2012\04 16 2012 Friendly City Days Street Closing, Park Hours request RCA.doc Meeting Date April 16, 2012 12 Mbendlle Fflendht GUY lolls P.O. Box 162 �m Mbwtvilla, MN 55301 April 1, 2012 City of Albertville P.O. Box 9 Albertville, MN 55301 City Council, The Albertville Friendly City Days committee is requesting permission to close down the following list of streets on the days listed during Friendly City Days. Street Date Time Activity 58th Street (Main Avenue to Lander Avenue) June 4-11 All Day Carnival Lander Avenue (58th Street to Mark Barthel's Driveway) June 4-11 All Day Carnival Main Avenue (57th Street to 59th Street ) June 8 6:00 pm-2:30 am Friday Activities Lachman Avenue (57'h Street to 60's Street) June 8 7:00-10:30 pm Fireworks Lander Avenue (57th Street to 58th Street) June 9 All Day Saturday Activities Lachman Avenue, Lamont Avenue, 57* Street June 9 10:00-10:30 am Kiddie Parade Main Avenue (57th Street to 59th Street ) June 9 12:00 pm-2:30 am Saturday Activities Main Avenue (50th Street to 60th Street) June 10 1:00 - 4:00 pm Parade 59th Street (Barthel Industrial Drive to Main Street) June 10 1:00 - 4:00 pm Parade Barthel Industrial Drive (51st Street to 59th Street) June 10 1:00 - 4:00 pm Parade 51 st Street (Barthel Industrial Drive to Main Street) June 10 1:00 - 4:00 pm Parade 60th Street (CSAH 37 to Main Avenue) June 10 1:00 - 4:00 pm Parade w For your information the committee has submitted applications to Wright County Highway Department for closing CSAH18 (50 Street) on June 10m. We have also requested assistance from the Wright County Sherif s office for security and traffic disbursement for the entire weekend. The committee is also requesting permission to extend the hours in the city park from Thursday, June 7th to 10:00 p.m.: Friday June 8th and Saturday June 10th to 1:30 am the next morning for the Carnival, Softball tournament, and Live Bands. Sincerely, Albertville Friendly City Days Committee 13 1bcrtvi j jc Mayor and Council Communication Smoll Town UWnB. Big Gty Ufs. April 11, 2012 SUBJECT: CONSENT CITY CLERK — 2 ONE -DAY 3.2 % MALT LIQUOR LICENSE RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion to approve the 2 One -day 3.2% Malt Liquor License that has been submitted by C. L.Gentile (DBA; Geez Sports Bar & Grill) for a fundraiser that will be held on Saturday, May 19 and Sunday, May 20 from 8:00 a.m. to 10:00 p.m. within Central -City Park. BACKGROUND: This is the 4`h Annual `Tommy B Kick for a Cure' fundraiser that is a kickball tournament in honor of a former resident, Tom Barthel, who lost his battle to brain cancer. C.L. Gentile, DBA: Geez Sports Bar & Grill has been sponsoring this event with the option to sell 3.2% Malt Liquor during the event with proceeds going towards a cure for cancer. The Council has approved the licenses in prior years. KEY ISSUES: • This is the 4`h and 5th One -day 3.2% Malt Liquor License(s) that have been submitted by C.L.Gentile (DBA; Geez Sports Bar & Grill) for the 2012 calendar year. • C.L.Gentile (DBA; Geez Sports Bar & Grill) has a current Off -sale Liquor License that allows him to sell liquor off -site with City Council approval on public property. • C.L.Gentile (DBA; Geez Sports Bar & Grill) has submitted current proof of Liquor Liability Insurance with the City of Albertville and the State of Minnesota Alcohol and Gambling Division. FINANCIAL CONSIDERATIONS: There is no financial revenue collected from the applicant for the gambling permit. LEGAL CONSIDERATIONS: The Mayor and City Council have the authority to review and direct staff to take action regarding all liquor licenses and gambling permit applications received by the City of Albertville. Submitted by: Larry R. Kruse, City Administrator Department/Responsible Person: Administration/Larry R. Kruse, City Administrator/Clerk Attachments: none M:\Public Data\Requests for Council Actions (RCA)\2012\04 16 2012 Consent Clerk 1-Day 3.2% Malt Liq Lic (Kick for Cure) RCA.doc 14 1-1 �lbcrtvillc Mayor and Council Communication Small Town UWng. Uiy C3W Ufa. April 11, 2012 SUBJECT: CONSENT CITY CLERK — ALBERTVILLE LIONS/FIRE DEPARTMENT OFF -SITE GAMBLING PERMIT RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion to approve the Albertville Lions Off -site Gambling LG230 Application to conduct a meat raffle in conjunction with the Hog Roast on Saturday, April 28`" that will take place at the St. Albert Parish Center located within the Albertville city limits, which a signed copy of the gambling permit will be kept on file in the office of the City Clerk. BACKGROUND: The Albertville Lions conducts meat raffles throughout the Albertville city limits at various establishments with approval from the State of Minnesota Gambling Division. KEY ISSUES: • This is the first Minnesota Off -site Lawful Gambling Permit LG230 application that has been submitted by the Albertville Lions for the 2012 calendar year. • Council has the option to either approve or deny any Minnesota Lawful Gambling Application that has been submitted to the City of Albertville. FINANCIAL CONSIDERATIONS: There is no financial revenue collected from the applicant for the gambling permit. LEGAL CONSIDERATIONS: The Mayor and City Council review and approve applications for Gambling Permits for events held within the Albertville city limits. It is the City's policy to review and approve gambling permit application for the selling of Pull -tab's, Tipboards, Paddlewheels, and Raffles and conducting Bingo Activity at establishments within the Albertville city limits. Submitted by: Larry R. Kruse, City Administrator Department/Responsible Person: Administration/Larry R. Kruse, City Administrator/Clerk Attachments: none M:\Public Data\Requests for Council Actions (RCA)\2012104 16 2012 Consent Clerk Albertville Lions -Fire Dept Off -site Gambling Permit RCA.doc 15 A,lbertAlle Mayor and Council Communication Sall To.. Udng. 0.2 My Uh. April 11, 2012 SUBJECT: CONSENT CITY CLERK — STMA YOUTH HOCKEY ASSOCIATION PULL -TAB BOOTH AT 152 CLUB RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion to approve Resolution No. 2012-022 entitled a Resolution Approving a New Gambling License for the STMA Youth Hockey Association at the 152 Club located at 5794 Main Avenue NE, Albertville, Mn, which the Minnesota Lawful Gambling LG214 Premises Permit Application will allow the STMA Youth Hockey Association to sell pull -tabs at the 152 Club located at 5794 Main Avenue NE within the Albertville city limits, which a signed copy of the gambling permit will be kept on file in the office of the City Clerk. BACKGROUND: The Albertville Lions have received City Council approval to sell pull -tabs at various establishments throughout Albertville that included the 152 Club located at 5794 Main Avenue NE within the Albertville city limits. The Albertville Lions permit will expire soon and are no longer interested in operating the pull -tabs booth at the 152 Club; therefore, the transition will be smooth allowing the STMA Youth Hockey Association to take over the location contingent upon City Council and the State of Minnesota Gambling Division approval. KEY ISSUES: • This is the first Minnesota LG214 Premises Permit Application for Lawful Gambling application that has been submitted by the STMA Youth Hockey Association for the 2012 calendar year and going forward. • Council has the option to either approve or deny any Minnesota Lawful Gambling Application that has been submitted to the City of Albertville. FINANCIAL CONSIDERATIONS: There is no financial revenue collected from the applicant for the gambling permit. LEGAL CONSIDERATIONS: The Mayor and City Council review and approve applications for Gambling Permits for events held within the Albertville city limits. It is the City's policy to review and approve gambling permit application for the selling of Pull -tab's, Tipboards, Paddlewheels, and Raffles and conducting Bingo Activity at establishments within the Albertville city limits. Submitted by: Larry R. Kruse, City Administrator Department/Responsible Person: Administration/Larry R. Kruse, City Administrator/Clerk Attachments: Resolution No. 2012-022 M:\Public Data\Requests for Council Actions (RCA)\2012\04 16 2012 Consent Clerk STMA Youth Hockey Association pull -tabs at 152 Club RCA.doc 16 CITY OF ALBERTVILLE RESOLUTION NO.2012-022 A RESOLUTION APPROVING A NEW GAMBLING LICENSE FOR THE STMA YOUTH HOCKEY ASSOCIATION AT THE 152 CLUB LOCATED AT 5794 MAIN AVENUE NE, ALBERTVILLE, MN WHEREAS, the STMA Youth Hockey Association have made application with the Minnesota Charitable Gambling Control Board for a new Minnesota LG214 Lawful Gambling Permit Application for its gambling license at the 152 Club located at 5794 Main Avenue NE, Albertville, Minnesota; and WHEREAS, the STMA Youth Hockey Association has submitted said application to the City Clerk for presentation and consideration to the City Council of the City of Albertville, which said application was reviewed by the City Council at a public meeting conducted April 16, 2012. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Albertville hereby approves the application for a new gambling license for the STMA Youth Hockey Association at the 152 Club located within the Albertville city limits. Adopted by the City Council of the City of Albertville this 16th day of April 2012. Mark Meehan, Mayor Larry Kruse, City Administrator/Clerk 17 A�Ibcrtvillcif PLANNING & ZONING COMMISSION Tuesday, April 10, 2012 7:00 PM 1. CALL TO ORDER - ROLL CALL — ADOPT AGENDA 2. MINUTES February 15, 2012 Planning and Zoning Meeting (pages 1-3) 3. PUBLIC HEARINGS None 4. OTHER BUSINESS a. Parkside Commercial/New Horizon Church PUD amendment to change the minimum floor space for an assembly use from 1,500 square feet to 2,500 square feet for property located 10904 57th Street (pages 4-19) b. Neighbor's Eatery conditional use permit for outdoor dining and off -site parking for property located at 5772 Main Avenue (pages 20-34) 5. ADJOURNMENT "A quorum of Council members may be present." A�Ibc tvi e Small Town Living. Big City life. UNAPPROVED PLANNING and ZONING COMMISSION MINUTES February 15, 2012 CALL TO ORDER Chair Kocon called the meeting to order at 7:02 p.m. ROLL CALL Commissioners Kocon, Lindberg, Olson, Totman, and Edgren were present. Council representative Dan Wagner was absent. Staff members present: City Planner Al Brixius, and Zoning Administrator/Building Official Jon Sutherland. APPROVAL OF AGENDA: The agenda was approved as submitted. APPROVAL OF MINUTES: October 11, 2011 Totman moved, second by Lindberg to approve the October 11, 2011 meeting minutes with the correction that Dale Edgren was in attendance and was not absent. Motion carried unanimously. PUBLIC HEARINGS: None. REPORT FROM STAFF: City Planner Al Brixius introduced a Visioning Study and Goal Setting Report that was authorized by the City Council to undertake. Brixius added a 3 page handout to the packet as follows; TABLE 1- POPULATION, HOUSEHOLD, HOUSEHOLD SIZE. TABLE 3 — AGE CHARACTERISTICS 1990, 2000, 2010. TABLE 4 - MEDIAN AGE 1990, 2000, 2010. Housing Units by Type 2000 — 2010. Brixius introduced and reviewed the background and history behind the Visioning Study. In December 2011, the City Council approved the undertaking of a community visioning study intended to identify the issues and opportunities that city will face with regard to land use, transportation, utilities, and community services over the next 20-30 years. The Vision Study was identified as a tool to for the City Council to identify and prioritize future land use, development ambitions and community investments for the City. The Council will 19 City of Albertville Planning & Zoning Commission Minutes February 14, 2012 Page 2 of 3 collectively define the City's vision for the next 20-30 years, providing direction to staff with regard to community priorities, policies, and goals. Brixius reviewed his report and the maps, handouts, graphics, the history of the subdivisions in the City, and discussed the amazing population growth over the last 20 years. He posed the questions - What do we want to do with the remaining land? How should we look at future growth, and uses for the land. Brixius stated we should be proactive for industrial growth if we want to have a balanced community. F. Kocon questioned Brixius as to why the industrial development has lagged behind the city's residential and commercial growth. Brixius responded by saying that many issues effect industrial growth. Based on the conversation with the property owners in northwestern Albertville the lack of the C.R. 19 interchange has reduced the viability of the land in this area of the community for industrial and commercial growth. The southwest industrial park it may be the lack of large industrial lots. The city's lots along 52nd street range in size from 2 to 3 acres. This may deter development interests. Economic Development is very competitive among cities as such the Albertville will need to define its program for economic development marketing and potential incentives. Brixius discussed the social profile and the changes from the 1990's to the 2010 stating there has been a slight reduction in the work force. He discussed life cycle housing and that as we mature we should consider more live cycle housing and that with the visioning process we will discuss more about the housing types and programs due to the cycle. Brixius commented that a vacancy rate about 5% is normal. Sutherland commented that foreclosures affect the vacancy rate and questioned if the 5% included foreclosures. Brixius responded that the statistics are based on the census, the visioning process will ask questions and seek input and this issue will be evaluated with the process. Brixius reviewed the zoning and discussed the larger undeveloped properties in the city and explained various access and development issues that impact them such as ingress, egress, adjacent uses, street layouts and future connections. He noted the visioning would include seeking input from neighboring communities and understanding the adjacent zoning, uses, connections and transportation issues. Brixius identified the steps in the Visioning Process and explained the planning commission and the City Council's roles in the Visioning Process. The Council has approved the work program as noted in the staff report. Brixius noted the Planning Commission will be an integral part to this visioning process. Brixius reviewed the inventory process and stated the inventory will give the Council and the Planning Commission a snapshot of existing conditions within the City providing a base of information by which future plans can be made. It will provide a basis for identifying community 2 KK City of Albertville Planning & Zoning Commission Minutes February 14, 2012 Page 3 of 3 issues and opportunities. The inventory will be gathered using existing City map information and the 2010 Census. Brixius discussed the Tactics Interview process; NAC will conduct 30-45 minute interviews with City staff members Property Owners, and the City Council and Planning Commission to identify community issues and opportunities. NAC will prepare an Issues and Opportunity Summary and Issues Map. This summary will identify both majority and minority opinions on each topic issue. This information will be shared with each interview participant. Brixius reviewed Workshops and Goal Setting. NAC will conduct a workshop with the Council, Commission and staff to review the Issues and Opportunities Summary to identify the most pressing concerns and goals for the City and rank them in priority order. The workshop group will also be asked for ideas to implement the identified goals. The community priorities will be added to the Issues Summary Report. NAC will work with staff to prepare a summary of the next steps for implementing the community goals. The City Council will be asked to review the final document and formally adopt the document as the foundation for future decisions. The process gives everyone a voice, both individually and collectively, in defining the future vision for Albertville Brixius inquired about scheduling times for appointments for interviews, it was determined that commissioners should contact Bridget Miller, and or Jon Sutherland for scheduling interviews. OTHER BUSINESS None ADJOURN Totman moved, second by Olson to adjourn the meeting at 7:36 p.m. Motion carried unanimously. Jon Sutherland Recording Secretary 21 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 753.231.2561 planners@nacplanning.com PLANNING REPORT TO: Larry Kruse FROM: Alan Brixius / Richard Hoffman DATE: April 4, 2012 RE: Albertville - Parkside Commercial Center PUD Amendment FILE NO: 163.06 —12.01 BACKGROUND On September 2, 2008 an amendment to the Albertville zoning map was made (Ordinance No. 2008-08) which created a PUD District for Parkside Commercial Center. The PUD regulations allow for assembly uses with a maximum of 1,500 square feet of floor space. Since then, New Horizon Church has occupied, by lease, a section of this lot under the PUD's regulations for assembly uses (2008-08, Section 2, subheading 7). New Horizon Church, who currently leases a space of Lot 2, Block 1 of Parkside Commercial Center, is requesting a lease renewal of three years or 36 months, contingent upon an amendment to the current PUD regulations limiting floor space to 1,500 square feet for assembly uses within the PUD. Ordinance amendment No. 2008- 08, passed in September of 2008 for the Parkside Commercial Center, states in subheading 7 of Section 2 that assembly uses are limited to 1,500 square feet of floor space. The church seeks to amend this to 2,500 square feet of floor space. The increased floor space has been identified to be for increased administrative office space and space for civic -minded non -profits for which they plan to provide space. Attached for Reference: Exhibit A - Site Location Exhibit B - Letter of Interest Dated March 14, 2012 Exhibit C - Site Plan Detail Exhibit D - PUD Ordinance Amendment (2008-08) Exhibit E - PUD Ordinance Amendment (2012-_) Iv 22 ISSUES ANALYSIS Original Approval. Parkside Commercial was originally approved in 2000 as a three building office condominium. Due to the site's proximity to residential neighborhoods to the west and south and its single point of access onto 57th Street, the City limited the range of land uses through a PUD to low intensity office, retail and service uses. In 2008, New Horizon Church sought a location within Albertville for its start up church. They approached Parkside to lease a portion of the vacant 10904 57th Avenue building. The previously approved PUD did not allow assembly land uses. The introduction of this use raised the following concerns: Assembly uses have activities and traffic issues that were more intense than the previous approved PUD uses for the site. This use would be out of character and potentially incompatible with surrounding land uses. 2. Traffic concerns were raised due to the potential of a growing congregation and the limited access offered by the site design. 3. The City had concerns that with a growing congregation, New Horizon Church would expand within the building and take over the site. This would be contrary to the original PUD intent. To accommodate New Horizon but protect the City's interest, the City approved Ordinance 2008-08, zoning the Parkside Commercial site to PUD District and accommodating assembly uses on a limited scale (1,500 square feet) with additional conditions (see Exhibit D). Parkside Commercial and New Horizon are now requesting an adjustment to the minimum floor area from 1,500 square feet to 2,500 square feet. Floor Space Limit. The initial reason for the regulations limiting the maximum floor space for assembly uses to 1,500 square feet was to ensure that churches and other assembly uses did not fill up the entire commercial building, changing the intended character of the site. However this is not a concern any further as the building has multiple tenants (veterinary clinic, chiropractor, insurance office). The church would expand into the remaining vacant space, bringing the building to full occupancy. Operation History. The City has not experienced any issues or complaints regarding New Horizon Church at this location. If this amendment is approved, the church would enter into a three year lease. Parking. The site has shown to have ample existing parking and the result of this amendment is not shown to affect parking demands significantly enough to result in a parking shortage. Building Modification. All site modifications as a result of this amendment are interior and no exterior building changes are being approved in result to this amendment. 5 23 Therefore this is a non issue. Therefore, the church's expansion is seen as a positive step in the Parkside Commercial Center's expansion into the other developable lots. CONCLUSION/RECOMMENDATION Based on the preceding review, our office recommends approval of the PUD amendment to allow up to 2,500 square feet of floor space for assembly uses within the PUD per Exhibit E ordinance standards. c: Jon Sutherland Mike Couri Adam Nafstad Merlin Bird Properties LLC 58 South 10th Avenue Waite Park, MN 56387 3 24 Wright County, MN Obleacon TM Parcel ID 101114CE Alternate ID n/a Owner Address n/a Sec/Twp/Rng n/a Class n/a Property Address Acreage n/a District n/a Brief Tax Description n/a (Note: Not to be used on legal documents) Last Data Upload: 4/4/2012 8:11:44 AM Date Created: 4/4/2012 ��developed by The Schneider Corporation Schneider www.schneidercorp.com 7 EXHIBIT A 25 GRANITE CT�TY REAL. ESTATE S93 - It 0-r-" AVENLj3 SOLJOM4 =-Oa -d003 VVAI'rj� MN 56387 FAX: (320) 253-0006 March 14, 2012 RE: Parkside Commercial Center, application for amendment to the PUD "Description of the request, and rationale explaining why the request should be approved" The New Horizon Church located at 10904 57"' Street NE in Albertville seeks approval to expand it's facility within the Parkside Commercial Center development. They have increased space requirements, mostly to accommodate the growth in staffing and sub- tenants to provide ministry and social support programs for the Albertville community. As part of their expansion, they propose to expand their assembly, or "multi -purpose" room to approximately 1,850 square feet. Current zoning limitations at the Parkside Commercial Center limit "assembly", or congregation rooms to 1,500 square feet maximum. Therefore, the applicant seeks a change to the PUD zoning limitation from 1,500 square feet for congregation rooms to 2,500 square feet. The request should be approved to allow New Horizon Church to continue providing its services to the citizens Albertville and not force them to relocate to another building or community. The applicant expects no adverse problems or conditions at Parkside resulting from this request. If the request is approved, the applicant expects New Horizon to succeed in the Parkside development while providing needed services and benefit to the community. Merlin Bird Properties, LLC Jim Pflepsen, Partner E:3 EXHIBIT B 26 140.W,yW MIND W:)13WW0J e� � 9 � < � 3alS�idd �f } ; € ' all .N ro n�rn+,.rm+ro i+r..n ww ir'.ei r M 27 I Td W89T:L8 ME SE W. CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO.2008-008 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ALBERTVILLE, RELATING TO THE PROPERTY AT PARKSIDE COMMERCIAL CENTER, LOCATED WEST OF HIGHWAY 19 AND NORTH OF 57Tn STREET NORTHEAST THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNEOSTA ORDAINS: SECTION 1. The Albertville Zoning Map shall be amended, relating to property legally described as: Lot 2, Block 1, Parkside Commercial Center SECTION 2. The lot shall be rezoned from B-2A, Special Business District to Planned Unit Development (PUD) District, in order to expand the permitted uses on the site, and subject to the following conditions: 1. All site developments shall be consistent with approved plans for Parkside Commercial Center dated March 15, 2005 and the conditions of City Council approval for said development dated May 16, 2005. 2. The following landscape improvements shall be completed in accordance with the approved Landscape Plan prior to the issuance of any new occupancy permit for the existing building: a) All dead plantings shall be replaced over the entire site. b) The lawn around building no.10904 57th Street NE shall be free of invasive weeds. c) The construction debris located south of the existing building shall be cleaned up and removed from the site. d) Applicant shall 'install the full double row of coniferous trees for the full length of the western property line per the approved Landscape Plan. e) The area surrounding the trash enclosure shall be graded and finished with either a retaining wall, landscaping, and/or a maintainable landscaped ground cover to a finished condition. f) Applicant shall install four deciduous trees along 57'h Street NE per the approved Landscape Plan. M.Tublic DaIMOrdinances12008 Ordinances\O 2008.008 (Parkside Commercial Center-Final).doc 11 EXHIBIT D 29 City of Albertville County of Wright Ordinance No. 2008-008 Page 2 g) The undeveloped areas of the site shall be reseeded and maintained to control weeds. h) The trash enclosure shall be repaired. 3. The permitted uses allowed by this rezoning to Planned Unit Development (PUD) District are in addition to the original permitted uses (Exhibit A). 4. The Animal Veterinary Clinics shall be allowed in all three buildings (no. 10904, no. 10900, and no. 11004) and shall read as followings: Animal veterinary clinics (small animal) (with no overnight care) (no pet boarding), as regulated by chapter 2300 of this ordinance. 5. The Government and Public -Related Office Uses shall be allowed in all three buildings (no. 10904, no.10900, and no. 11004). 6. The Service Business Uses (on -site services only) shall be allowed in all three buildings (no. 10904, no.10900, and no. 11004) and shall be limited to the approved '(and excluded) list of on -site service businesses, attached as Exhibit B. 7. Assembly Uses shall be subject to an Administrative Permit obtained prior to occupancy for Buildings no. 10904 and no.10900, provided the following conditions are met: a. Leasehold occupancy only; b. Assembly use shall be accessory to a permitted office use; c. Assembly use floor area not to exceed 1,500 square feet for the entire Parkside Commercial PUD, located at Lot 2, Block 1, Parkside Commercial Center; d. No outdoor activities allowed; and e. The assembly use shall not conflict with or result in a parking shortage within the PUD site per Albertville's parking requirements. 8. A definition ofAssembly Use shall be added to the PUD agreement: Assembly Use: An accessory use to an office business where people come together, congregate or meet for the purpose of training, conducting business, education, or counseling. 9. The PUD zoning shall become effective after: a. The Common Interest Community (CIC) declaration, by-laws, and related association documents shall be revised as needed and shall be subject to the review and approval of the City. b. The Developer's Agreement shall be revised as needed and shall be subject to the review and approval of the City. MAPublic DaIMOrdinances12008 Ordinances\O 2008-008 (Parkside Commercial Center-Final),doc M, EXHIBIT D 30 City of Albertville County of Wright Ordinance No. 2008-008 Page 3 This amendment shall be in full force and effective immediately following its passage and publication. Approved by the Albertville City Council this 2"d day of September 2008. Encls: Exhibit A — Original List of Approved Uses Exhibit B —List of Approved and Excluded Service Businesses Ron Klecker, Mayor l j Bridget MilleV, City Clerk M-Tublic Data\Ordinances12008 Ordinances%O 2008-008 (Parkside Commercial Center-Final).doc 13 31 Exhibit A PARKSIDE COMMERCIAL CENTER ALBERTVILLE, MN APPROVED USES GENERAL OFFICE. including the following: Insurance Agency Travel Agency Accounting / Bookkeeping firms Management companies Bank/Cmdit Union / Depository institutions Financial Planner Investment Banker Loan production office Appraisal Finn Title Insurance Company Mortgage Loan Company Small loan company Realty Company/ Agency Real Estate development office Architectural firm Engineering firm Laboratory / Research offices Telemarketing Collection Agency MEDICAL USE, including the following: I i ric�,�nce QC0 j- 00 $ General practice physician Dental -practice Medical specialty use Eye care offices/ with associated retail products - Orthodontist Chiropractic Piychiitric / Family Counseling Hearing aid examination with asme. retail products Other medical or dental related use as may be approved by City PERSONAL SERVICE USE, including the following Hair & beauty salon (no nails only) Student Learning Center Physical Therapy Physical Fitness (limited to 2,000 st max.) Occupational Therapy K%Publie Dau'City Council\Counell AgendaMODS Agendu%A 06.06.0$ paeketdoe 167 14 EXHIBIT D 32 PARKSIDE COMMERCIAL CENTER APPROVED LIST OF SERVICE BUSINESSES Copy/printing services Event planning Photographic studio Appliance or electronic repair Tailor shop Travel agency or bureau Advertising consultants or agency Personnel/Staffing service Bail Bonds Construction management offices Business consultants Computer/networking consultants Payroll services Credit counseling offices Electrology/Skin care services Transportation logistical services Home inspection service Private investigation service ,Equipment leasing service Massage therapy Tax preparation service Video tape / DVD duplication transfer service Service Business EXCLUDED from approved uses: Laundromat Dry cleaners Funeral home / mortuary Banquet Hall Conference center Prosthetic device fabrication Tatoo / body piercing establishment Tanning salon ©rA tha►hce aco$ -Oce ech; 6 , + !3 15 EXHIBIT D 33 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO.2012- AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ALBERTVILLE, RELATING TO THE PROPERTY AT PARKSIDE COMMERCIAL CENTER, LOCATED WEST OF HIGHWAY 19 AND NORTH OF 57" STREET NORTHEAST THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNEOSTA ORDAINS: SECTION 1. The Albertville Zoning Map shall be amended, relating to property legally described as: Lot 2, Block 1, Parkside Commercial Center SECTION 2. The lot shall be rezoned from B-2A, Special Business District, to PUD, Planned Unit Development District, in order to expand the permitted uses on the site, and subject to the following conditions: 1. All site developments shall be consistent with approved plans for Parkside Commercial Center dated March 15, 2005 and the conditions of City Council approval for said development dated May 16, 2005. 2. The following landscape improvements shall be completed in accordance with the approved Landscape Plan prior to the issuance of any new occupancy permit for the existing building: a. All dead plantings shall be replaced over the entire site. b. The lawn around building #10904 57th Street NE shall be free of invasive weeds. c. The construction debris located south of the existing building shall be cleaned up and removed from the site. d. Applicant shall install the full double row of coniferous trees for the full length of the western property line per the approved Landscape Plan. e. The area surrounding the trash enclosure shall be graded and finished with either a retaining wall, landscaping, and/or a maintainable landscaped ground cover to a finished condition. f. Applicant shall install four deciduous trees along 571h Street NE per the approved Landscape Plan. g. The undeveloped areas of the site shall be reseeded and maintained to control weeds. h. The trash enclosure shall be repaired. 3. The permitted uses allowed by this rezoning to PUD, Planned Unit Development, are in addition to the original permitted uses (Exhibit A). 16 EXHIBIT E CM City of Albertville County of Wright Ordinance No. 2012- Page 2 4. The Animal Veterinary Clinics shall be allowed in all three buildings (#10904, #10900, and #11004) and shall read as followings: Animal veterinary clinics (small animal) (with no overnight care) (no pet boarding), as regulated by chapter 2300 of this ordinance. 5. The Government and Public -Related Office Uses shall be allowed in all three buildings (#10904, #10900, and #11004). 6. The Service Business Uses (on -site services only) shall be allowed in all three buildings (#10904, #10900, and # 11004) and shall be limited to the approved (and excluded) list of on -site service businesses, attached as Exhibit B. 7. Assembly Uses shall be subject to an Administrative Permit obtained prior to occupancy for Buildings #10904 and #10900, provided the following conditions are met: a. Leasehold occupancy only; b. Assembly use shall be accessory to a permitted office use; c. Assembly use floor area not to exceed 4-,500 2,500 square feet for the entire Parkside Commercial PUD, located at Lot 2, Block 1, Parkside Commercial Center; d. No outdoor activities allowed; and e. The assembly use shall not conflict with or result in a parking shortage within the PUD site per Albertville's parking requirements. 8. A definition of Assembly Use shall be added to the PUD agreement: Assembly Use: An accessory use to an office business where people come together, congregate or meet for the purpose of training, conducting business, education, or counseling. 9. The PUD zoning shall become effective after: a. The Common Interest Community (CIC) declaration, by-laws, and related association documents shall be revised as needed and shall be subject to the review and approval of the City. b. The Developer's Agreement shall be revised as needed and shall be subject to the review and approval of the City. This amendment shall be in full force and effective immediately following its passage and publication. Approved by the Albertville City Council this day of April 2012. Mark Meehan, Mayor Larry Kruse, City Clerk Encls: Exhibit A — Original List of Approved Uses, Exhibit B — List of Approved and Excluded Service Businesses 17 EXHIBIT E 35 Exbiblt fl PARIKSIDE COMMERCIAL CENTER ALHEItTVILLE, MN APPROVED USES GENERAL OFFICE, including tide following: Insurance Agency Tmvel Agency Accounting / Hookkeoplag firms Management companies Eanic/Cmat Union / Depository institutions Finanoltd Planner Investment Hanker Loan production office Appraisal Firm , Title Insurance Company Mortgage Loah Company Small loan company Realty Company/ Agency Real Piptate development office Adohitaotwol fain Engineering Orin Laboratory / Researoh offices Telemarketing Colteeiion Agency MEDICAL USE, including the fbllovvipg, General practice physician Dental -practice Medical specialty use Eye care offices/ with associated retell products - Orthodontist Chiropr'elctic Psychiatric % Family Counseling Heating old examination with awe. retail products Other medical or dental related use as may be approved by City • PERSONAE. SERVICE USE, Inclufts the following Hair & h¢auty onion (no nalia only) Student Loaming Center Physical Therapy Physical Fitness (limited to 2,000 s,f, max,) Occupational Therapy M:VYL#jl a D&a'Clty CoundflCounall Ali ndu@COS A{enduV106.96ASptck&d0 167 18 EXHIBIT E F,Kh; b;+ a PARKSIDE COMMERCIAL CENTER APPROVED LIST OF SERVICE BUSINESSES Copy/printing services Event planning Photographic studio Appliance or electronic repair Tailor shop Travel agency or bureau Advertising consultants or agency Personnel/Staffing service Bail Bonds Construction management offices Business consultants Computer/networking consultants Payroll services Credit counseling offices Electrology/Skin care services Transportation logistical services Home inspection service Private investigation service .Equipment leasing service Massage therapy Tax preparation service Video tape / DVD duplication transfer service Service Business EXCLUDBD from approved uses; Laundromat Dry cleaners Funeral home / mortuary Banquet Hall Conference center Prosthetic device fabrication Tatoo / body piercing establishment Tanning salon 19 EXHIBIT E 37 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com PLANNING REPORT TO: Larry Kruse FROM: Bob Kirmis / Alan Brixius DATE: April 4, 2012 RE: Albertville - Neighbor's Eatery and Saloon Conditional Use Permit FILE: 163.06 - 12.02 BACKGROUND Neighbor's Eatery and Saloon has requested approval of a conditional use permit to allow accessory outdoor dining at their restaurant located north of 57th Street and east of Main Avenue (5772 Main Avenue). The subject site is zoned B-4, General Business which allows accessory outdoor dining by conditional use permit. The outdoor dining area is proposed to be located on the south side of the building and measures 824 square feet in area. The dining area is to be enclosed by a wrought iron fence and is intended to accommodate four tables. Each table is proposed to have four seats. In conjunction with the conditional use permit request for accessory outdoor dining, the applicant has also requested approval of a conditional use permit to allow off -site parking. Such request is intended to accommodate increased off-street parking demands. Attached for reference: Exhibit A - Site Location Exhibit B - Site Plan Exhibit C - Building Elevation Exhibit D - Site Plan Detail - Patio Exhibit E - Site Plan Detail - Trash Handling Area ISSUES AND ANALYSIS Zoning. The subject site is zoned B-4, General Business. The B-4 District lists "outdoor dining facilities" as a conditional use in the district. CUP Evaluation Criteria. Section 400.2.E of the City Code establishes a list of general criteria which must be considered for all conditional use permit requests. In this regard, the Planning Commission and City Council must consider the possible adverse effects of the proposed conditional use. Their judgment must be based upon the following factors: The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. 2. The proposed is or will be compatible with present and future uses of the area. 3. The proposed use conforms to all performance standards contained herein. 4. The proposed use will not tend to or actually depreciate the area in which it is proposed. 5. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. 6. Traffic generated by the proposed use is within capabilities of streets serving the property. The subject site is guided for commercial use. In this regard, the proposed restaurant - related use is considered to be generally consistent with and complementary to uses in this area. As a condition of CUP approval (for both the accessory outdoor dining and off -site parking requests), all applicable performance standards set forth in the Zoning Ordinance, including screening requirements must be satisfied. These conditions will be subject to detailed review and analysis in the following sections of this report. Accessory Outdoor Dining CUP. Section 4500.4 of the City Code establishes a specific set of conditions that must be satisfied for accessory outdoor dining facilities located within B-4 Zoning Districts. The following is a listing of each condition followed by Staff comment: A. The applicant shall be required to submit a site plan and other pertinent information demonstrating the number, location and type of all tables, refuse receptacles, and wait stations. Comment. The applicant has submitted a site plan which illustrates the location of tables and refuse receptacles. The site plan shows four tables with four seats at each table. If approved, the CUP will limit the outdoor dining capacity to that depicted on the site plan. In addition to the submitted site plan, the applicant should also provide a lot survey which depicts building and property lines. B. Access to the dining area shall be provided only via the principal building if the dining area is a full service restaurant or tavern, including table waiting 21 39 service. All exit gates shall be marked "Exit Only" and shall meet all building code requirements. Comment. Access to the outdoor dining area is proposed to occur through the restaurant. Specifically, access is proposed through a door located at the northeast corner of the building. Recognizing that a residential use exists approximately 15 feet to the east, it is recommended that the door be self -closing. An "exit gate" is proposed on the west side of the outdoor dining area, facing Main Avenue. As a condition of CUP approval, it is recommended that the gate be marked as "exit only" with no exterior latch to allow access from Main Avenue. C. The size of the dining area is restricted to seventy five percent (75%) of the gross area of the current building, and shall maintain the lot requirements of the district. Comment. The footprint of the proposed outdoor dining area (824 square feet) overlays approximately 20 percent of the gross floor area of the restaurant building (4,200 square feet). Thus, this requirement has been satisfied. D. The dining area is screened from view from adjacent residential uses. Comment. The subject site is bordered by a commercial use on the north, an institutional use to the west and single family residential uses to the south and east. Thus, it is important that ample screening be provided south and east of the outdoor ding area. To the east, the dining area is adequately screened via an adjacent garage (located upon the residential parcel) and a six foot high fence. To the south, impacts are expected to be less as the dining area lies approximately 100 feet from the residential property. To minimize impacts from the dining area, off-street parking area and to visually enhance the site however, a row of Lilacs (10) is proposed along the south property line. In recognition of the required 30 foot visibility triangle at the Main Avenue / 57th Street intersection, lower -lying Day Lilies are proposed. The proposed plantings are considered acceptable. One concern which does exist relates to the deck area located at the southeast corner of the building. While the deck aligns with the adjacent garage to the east (a positive feature), it lies only 9 feet from the adjacent residential property. To minimize impacts associated with smoking and interior bar noise it is recommended that a vertical fence or wall be constructed on the east side of the deck. Such fence or wall should match the height of the adjacent restaurant doorway. 22 AM, E. All lighting shall be hooded at ninety degrees (900) and directed away from adjacent properties. No luminaries shall extend beyond the ninety degree (90°) cutoff. Comment. It has not been indicated whether or not any exterior lighting is proposed. If proposed, lighting locations should be identified on the site plan and details should be provided regarding fixture type. All lighting must be hooded at 90 degrees and luminaries must not extend beyond the 90 degree cutoff. F. No outdoor dining shall be allowed on the public sidewalk. Comment. Outdoor dining is to be confined to the proposed outdoor dining area as illustrated on the submitted site plan. Outdoor dining is not proposed to be nor will be allowed to occur upon the Main Avenue sidewalk. G. The dining area is surfaced with concrete bituminous or decorative pavers or may consist of a deck with wood or other flooring material that provides a clean, attractive, and functional surface. Comment. The outdoor dining area is to be surfaced in concrete. H. A minimum width of thirty six inches (36") shall be provided within aisles of the outdoor dining area. Comment. According to the submitted patio detail, a six foot wide aisle is proposed on the south side of the dining area tables. Thus, this requirement has been satisfied. L Off street parking shall be adequate for both indoor and outdoor seating areas. Comment. In conjunction with the accessory outdoor dining CUP request, the applicant has also requested approval of a conditional use permit to allow off -site parking. Such additional parking is needed to accommodate increased parking demand generated by the outdoor dining activities. Details related to the off -site parking request will be addressed in a latter section of this report. To be noted is that the applicant is proposing to surface the restaurant's existing gravel parking lot in asphalt with a perimeter curb. Such improvement will rectify an existing legal nonconforming condition and is considered positive. All parking stall and drive aisle widths have been found to meet the minimum requirements of the Ordinance. In regard to off-street parking, the City Engineer has recommended the following: Parking lot elevations and elevations of adjacent Main Avenue and 57th Street be identified. 23 4t 2. In lieu of curbing on the west side of the parking lot, wrought iron fencing similar to that proposed around the outdoor dining area should be installed. It is believed such fencing will eliminate pedestrian movement conflicts in the area. 3. The applicant provide a detail of the parking lot's catch basin. 4. The applicant demonstrate compliance with American Disability Act requirements. J. Refuse containers are provided for self-service outdoor dining areas. Such containers shall be placed in a manner which does not disrupt pedestrian circulation, and must be designed to prevent spillage and blowing litter. Comment. Two refuse containers are proposed to be located on the east side of the outdoor dining area, within a fenced enclosure. It does not appear however, that such containers are to be self-service and directly serve to outdoor dining area. As a condition of CUP approval, a detail of the proposed enclosure should be provided. Additionally, a self-service refuse container should be provided within the outdoor dining area. K. Property owners shall pick up litter within one hundred feet (1009 of the patio area. Comment. This requirement will be made a condition of CUP approval. L. Live outdoor music performance shall meet the requirements of Section 5-5- 3 of the City Code. Comment. No live music is proposed in conjunction with the outdoor dining activities. The prohibition of such activities will be made a condition of CUP approval. M. No electronically amplified outdoor music, intercom, audio speakers, or other such noise generating devices shall be allowed in the outdoor sales area. Comment. No noise generating devices are proposed to be located within the outdoor dining area. The prohibition of such devices will be made a condition of CUP approval. N. No outdoor bar, cooking facility, food preparation or holding area shall be established. Comment. No food preparation activities are proposed within the outdoor dining area. The prohibition of such activities will be made a condition of CUP approval. 24 VA O. The City Council may limit the hours of operation. Comment. In recognition of the adjacent residential uses, it is recommended that use of the outdoor dining area be limited to daytime hours. In this regard, it is recommended that outdoor dining activities be allowed only between the hours of 9:00 am and 9:00 pm. Off -Site Parking CUP. Section 1200.11 of the City Code establishes a specific set of conditions that must be satisfied for off -site parking. The following is a listing of each condition followed by Staff comment: A. Any off site parking which is used to meet the requirements of this ordinance shall be a conditional use as regulated by chapter 400 of this ordinance and shall be subject to the conditions listed in this section. Comment. The submitted restaurant site plan illustrates 17 off-street parking stalls. According to the Zoning Ordinance, restaurant uses must provide at least one space for each 40 square feet of gross floor area of dining and bar area and one space for each 80 square feet of kitchen area. While the subject site's existing off-street parking supply does not meet the current supply requirement of the Ordinance, it is considered a legal nonconforming condition. Any expansion of the use however, may only be allowed in conformance with Ordinance requirements. In this regard, additional parking must be provided to accommodate the expanded dining area space. To address this issue, the property owner has reached an agreement with St. Albert Catholic Church to the west to accommodate overflow parking. To be noted is that the term of the agreement is for one year but may be renewed by joint agreement. B. Off site parking shall be developed and maintained in compliance with all requirements and standards of this Ordinance. Comment. No modifications to the St. Albert Church parking lot are proposed. C. The parking lot is to be used only for the parking of passenger automobiles of employees, customers or guests of the person or firm controlling and operating the lot, said person to be responsible for its maintenance. Comment. The church parking lot is intended to be used only by the church and as overflow parking for the restaurant. The church will be responsible for the maintenance of the parking lot. D. The parking lot is not to be used for sales, repair work or servicing of any kind. 25 43 Comment. The church parking lot is not to be used by the restaurant for anything other than parking. Any sales activities which occur in the lot would be associated which church operations. E. Reasonable access from off site parking facilities to the use being served shall be provided. Comment. The church parking lot lies directly west of the restaurant. In this regard, the parking lot can be reasonably accessed by restaurant patrons. F. Except as provided below, the site used for meeting the off site parking requirements of this ordinance shall be under the same ownership as the principal use being served or under public ownership. Comment. The parking lot to be used to supplement of parking needs of the restaurant is owned by St. Albert Catholic Church, a semi-public entity. G. Off site parking for multiple -family dwellings shall not be located more than one hundred feet (100) from any normally used entrance of the principal use served. Comment. Not applicable. H. No advertising sign or material is to be located on the property where the parking lot is located. Comment. As a condition of CUP approval, the applicant will not be allowed to advertise upon the church parcel. L All parking is to be kept back of the building setback line by barriers unless otherwise specifically authorized by the council. Comment. It does not appear that the existing church parking lot is "kept back" of the church setback line. No changes to the church parking lot are proposed. J. Except as provided below, off site parking for nonresidential uses shall not be located more than three hundred feet (300 j from the main public entrance of the principal use being served. Comment. It is estimated that the church parking lot lies approximately 70 feet from the restaurant's main entrance. Thus, this requirement has been satisfied. K. Any use which depends upon off site parking to meet the requirements of this ordinance shall maintain ownership and parking utilization of the off site location until such time as on site parking is provided or a site in closer proximity to the principal use is acquired and developed for parking. 26 Comment. The proposed accessory outdoor dining activities are considered acceptable only so long as supplemental or expanded parking is provided. Should the parking lease with the church be terminated, it is recommended that the outdoor dining activities cease. L. Compliance with off street parking requirements provided through leased off site parking may be approved by the council, subject to the following conditions: 1. The lease shall specify the total number and location of parking spaces under contract, and this number, when added to any on site parking required, must be equal to the total number of parking spaces required. 2. The lease shall document and specify easements related to the properties in question and the parking areas. 3. The lease instrument shall legally bind all parties to the lease and provide for amendment or cancellation only upon written approval from the city. 4. The lease agreement shall incorporate a release of liability for the city and from any provisions that are deemed necessary to ensure compliance with the intent of this ordinance, as recommended by the city attorney. Comment. The lease agreement provided to the City as part of the CUP application simply states that the Neighbor's Eatery and Saloon may utilize the east parking lot on the church property for patron overflow parking. The acceptability of the lease agreement should be subject to comment and recommendation by the City Attorney. M. Any such other conditions as may be deemed necessary by the city council to protect the welfare and character of the nearby land uses. Comment. If the lease agreement expires, the outdoor dining will become a illegal nonconforming use. As such, the tables and chairs must be removed and the outdoor dining activities must stop. CONCLUSION / RECOMMENDATION Based upon staff review of the application, our office recommends the following: A. Approval of the conditional use permit to allow accessory outdoor dining upon the subject property subject to the following conditions: 27 45 1. The City approve the off -site parking conditional use permit. Should the lease for off -site parking be terminated, outdoor dining activities shall cease and related tables and chairs shall be removed. 2. The applicant provide a lot survey which depicts building and property lines. 3. Capacity of the outdoor dining area shall be limited to four tables with four chairs at each table as illustrated on the site plan. 4. Access to the outdoor dining area shall only occur through the restaurant. 5. Parking lot elevations and elevations of adjacent Main Avenue and 57tn Street be identified. 6. In lieu of curbing on the west side of the parking lot, wrought iron fencing similar to that proposed around the outdoor dining area be installed. 7. The applicant provide a detail of the parking lot's catch basin. 8. The applicant demonstrate compliance with American Disability Act requirements. 9. The door located at the northeast corner of the building (which provides access to the outdoor dining area) shall be self -closing. 10. A detail drawing of the proposed trash enclosure shall be provided. Such plan shall be subject to City approval. 11. The gate located at the west side of the outdoor dining area, facing Main Avenue, shall be marked as "exit only" with no exterior latch to allow access from Main Avenue. 12. The property owner shall pick up litter within one hundred feet (100') of the outdoor dining area. 13. A vertical fence or wall be constructed on the east side of the deck located at the southeast corner of the building. Such fence or wall shall match the height of the adjacent restaurant doorway. 14. If proposed, lighting locations shall be identified on the site plan and details shall be provided regarding fixture type. All lighting shall be hooded at 90 degrees and luminaries shall not extend beyond the 90 degree cutoff. 15. Outdoor dining shall be confined to the proposed outdoor dining area as illustrated on the submitted site plan. 28 r. 16. A self-service refuse container shall be provided within the outdoor dining area. 17. No live music or electronically amplified noise generating devices shall be allowed within the outdoor dining area. 18. No food preparation activities shall be allowed within the outdoor dining area. 19. Outdoor dining activities shall be allowed only between the hours of 9:00 am and 9:00 pm. 20. Comments of other City staff. B. Approval of the conditional use permit to allow off -site parking (for the restaurant use) subject to the following conditions: 1. The City approve the accessory outdoor dining conditional use permit. 2. Should the lease for off -site parking be terminated, outdoor dining activities shall cease and related tables and chairs shall be removed. 3. No restaurant advertising shall be allowed upon the church parcel. 4. The acceptability of the lease agreement between the church and the restaurant shall be subject to comment and recommendation by the City Attorney. 5. Comments of other City staff. pc: Mike Couri Jon Sutherland Adam Nafstad Holtz and Holtz LLC 13254 Jackson Street Becker, MN 55308 we, 47 Wright County, MN Obleacon TM Date Created: 4/4/2012 Parcel ID 101013001041 Alternate ID n/a Owner Address n/a Sec/Twp/Rng 1-120-24 Class 233 - COMM LAND & BLDGS Property Address 5772 MAIN AVE NE Acreage n/a ALBERTVILLE District n/a Brief Tax Description Sect-01 Twp-120 Range-024 EULL'S ADDN Block-001 W89.53FT OF LTS 3,4,&5 BLK1 EX N 3.50FT (Note: Not to be used on legal documents) Last Data Upload: 4/4/2012 8:11:44 AM !Elr developed by The Schneider Corporation Swww.schneidercorp.com 30 EXHIBIT A �kni~t ,4owwpo Qf r�rtr�r�l O 's-51-11-1 Ave •"1� T�y.yn . 'ZOhl� _ 1�- I X -� aa+n5c1�1va GCa•r, 49 I • IN3 32 EXHIBIT C 50 =E>ooq'. -GU(zop Lrl E _ , ++c 7 rT'. !aPA WAI►Ic, \ GlPfZIN .�fIN O , CiJRP� IzP'•n_INb rS/ fa2 W/ .411 MAX. OQG<J. �/ tit 'ti .}.:.l fr;•�yl: •;!Ki(�' �:?:':'. - �r`: ��:.,'. .L,^;��.:'- ��ti;:'��; ��,.:'I,. �_, •'� .,�•• �;r� .e�.{ stir;, �f:d ;'r):C• 1;+f.`!•::`� ':��.��•� '��.F �.:�::;;',% l0.7�;�0:%,^ %•fl ' •.1.d ;... %"',�^, .�.�. .�. .,: - ..• ,,,:,/= fir•,:„r' o l� , ,1 GYP PLAN 33 EXHIBIT D ,Lg5lXO Qi od FIX'& tr o 14 Icn-Lndiz -*-a 0 Now- /I%A -L6 ep j - -1 o,>-9 52 CITY OF ALBERTVILLE WRIGHT COUNTY, IVIINNESOTA RESOLUTION NO.2012-021 RESOLUTION APPROVING A CONDITIONAL USE PERMIT (FOR ACCESSORY OUTDOOR DINING AND OFF -SITE PARKING) FOR NEIGHBOR'S EATERY AND SALOON LOCATED AT 5772 MAIN AVENUE WITHIN THE CITY OF ALBERTVILLE WHEREAS, Neighbor's Eatery and Saloon has submitted application for conditional use permit for the property legally described as follows; and Lots, 3, 4 and 5, Block 1, Eull's Addition, City of Albertville, Wright County, Minnesota WHEREAS, City staff has reviewed the submitted plans and prepared a planning report dated April 4, 2012 prepared by Northwest Associated Consultants; and WHEREAS, the Albertville Planning and Zoning Commission met on April 10, 2012 to consider the conditional use permit for Neighbor's Eatery and Saloon; and WHEREAS, upon review of staff reports and public hearing testimony, the Planning and Zoning Commission recommended that the City Council approve the conditional use permit for Neighbor's Eatery and Saloon in Albertville, Minnesota with the findings and conditions outlined in the April 4, 2012 planning report; and WHEREAS, the Albertville City Council met on April 16, 2012 and held a public hearing to consider the application for a conditional use permit for Neighbor's Eatery and Saloon; and WHEREAS, The Albertville City Council received the application, staff review documents, the Planning and Zoning Commission recommendation, and public hearing testimony and agrees with the findings and recommendations of the Planning and Zoning Commission. NOW, THEREFORE BE IT RESOLVED, that the City Council of Albertville, Minnesota hereby approves the conditional use permit based on the plan set dated March 15, 2012 subject to the Findings of Fact and Decision below: Findings of Fact: Based on review of the evidence received, the City Council now makes the following finding of fact and decision: A. The site is legally described as Lots, 3, 4 and 5, Block 1, Eull's Addition, City of Albertville, Wright County, Minnesota 53 B. The planning report dated April 4, 2012 prepared by Northwest Associated Consultants, Inc. is incorporated herein. C. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. D. The proposed is or will be compatible with present and future uses of the area. E. The proposed use conforms to all performance standards contained herein. F. The proposed use will not tend to or actually depreciate the area in which it is proposed. G. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. H. Traffic generated by the proposed use is within capabilities of streets serving the property. Decision: Based on the foregoing information and applicable ordinances, the City Council hereby approves the following based on the most current plans provided in the April 4, 2012 planning report and information received to date, subject to the following conditions: A. Approval of a conditional use permit to allow accessory outdoor dining upon the subject property subject to the following conditions: 1. The City approve the off -site parking conditional use permit. Should the lease for off -site parking be terminated, outdoor dining activities shall cease and related tables and chairs shall be removed. 2. The applicant provide a lot survey which depicts building and property lines. 3. Capacity of the outdoor dining area shall be limited to four tables with four chairs at each table as illustrated on the site plan. I. Access to the outdoor doling area shall only occur through the restaurant. 5. Parking lot elevations and elevations of adjacent Main Avenue and 57t` Street be identified. 6. In lieu of curbing on the west side of the parking lot, wrought iron fencing similar to that proposed around the outdoor dining area be installed. 7. The applicant provide a detail of the parking lot's catch basin. 8. The applicant demonstrate compliance with American Disability Act requirements. 2 54 9. The door located at the northeast corner of the building (which provides access to the outdoor dining area) shall be self -closing. 10. A detail drawing of the proposed trash enclosure shall be provided. Such plan shall be subject to City approval. 11. The gate located at the west side of the outdoor dining area, facing Main Avenue, shall be marked as "exit only" with no exterior latch to allow access from Main Avenue. 12. The property owner shall pick up litter within one hundred feet (100') of the outdoor dining area. 13. A vertical fence or wall be constructed on the east side of the deck located at the southeast corner of the building. Such fence or wall shall match the height of the adjacent restaurant doorway. 14. If proposed, lighting locations shall be identified on the site plan and details shall be provided regarding fixture type. All lighting shall be hooded at 90 degrees and luminaries shall not extend beyond the 90 degree cutoff. 15.Outdoor dining shall be confined to the proposed outdoor dining area as illustrated on the submitted site plan. 16. A self-service refuse container shall be provided within the outdoor dining area. 17. No live music or electronically amplified noise generating devices shall be allowed within the outdoor dining area. 18. No food preparation activities shall be allowed within the outdoor dining area. 19. Outdoor dining activities shall be allowed only between the hours of 9:00 am and 9:00 pm. B. Approval of a conditional use permit to allow off -site parking (for the restaurant use) subject to the following conditions: 1. The City approve the accessory outdoor dining conditional use permit. 2. Should the lease for off -site parking be terminated, outdoor dining activities shall cease and related tables and chairs shall be removed. 3. No restaurant advertising shall be allowed upon the church parcel. 4. The acceptability of the lease agreement between the church and the restaurant shall be subject to comment and recommendation by the City Attorney. 3 55 Adopted by the Albertville City Council this day of 2012. Attest: I0 Larry Kruse, City Clerk City of Albertville m. Mark Meehan, Mayor 4 56 j4\Ibcrtvi11e Mayor and Council Communication Smell Town Uving. Big Oty Ufa. April 5, 2012 Building Department Activity Report March, 2012 We had 30 permits issued in March for a construction value of $520,390.58 which is outlined in the attached permit log. Year to date valuation is $841,874.58. We have had numerous inquiries regarding decks and fences as the spring construction season begins. Vacant properties; Work with vacant property inspections continues as we seek to have the owners or lending institutions complete the registration and inspection process, maintain the property and gain compliance with the code and ordinance. Many foreclosures tend to have maintenance or code compliance issues. Rental housing inspections; This is the busiest time of the year for processing rental licenses and conducting rental inspections, some foreclosures are purchased by investors and then turned into rentals, and our work with this ordinance continues to maintain and improve the properties. Zoning Enforcement; We continue to work to resolve sign, nuisance ordinance issues. People are getting out and about and working on the annual spring cleanup! Jon Sutherland, Building Official/Zoning Administrator Enclosures: Permit Log Feb. 2012 MAPublic Data\City Council\Council Packet information\2012\04 16 2012\Bldg Report March 2012.doc OVA 2012 Albertville Permit Log Number Issued CompL Rec'd Type of Work Address on Permit Builder/Owner Valuation Fee Paid 2012-045 03/01/12 03/01/12 02/29/12 Windows 10549 64th Way NE Ultimate Exteriors $7,000.00 $151.00 2012-046 03/01/12 03/01/12 02/07/12 Reroof 5898 Lachman Avenue NE Ebert Construction $174,400.00 $2,573.64 2012-047 03/01/12 02/21/12 02/08/12 Sign, Permanent 5772 Main Avenue NE Color Sign Systems $12,000.00 $371.06 2012-048 03/05/12 03/05/12 03/05/12 Reroof & Reside 10205 52nd Street NE All Around Property $11,600.00 $265.75 2012-049 03/06/12 03/05/12 03/05/12 Sign, Temporary 5772 Main Avenue NE Neighbors Eatery $0.00 $50.00 2012-050 03-05-01 03/05/12 03/05/12 Commercial Water 6197 Kalenda Court NE Finken Water $4,280.00 $120.50 2012-051 03/05/12 03/05/12 03/05/12 Furnace 10554 61st Street NE Shaip Heating $900.00 $30.00 2012-052 03/07/12 03/06/12 03/05/12 Basement Finish 11601 East Laketowne Mega Homes $7,500.00 $276.71 2012-053 03/08/12 03/07/12 02/18/12 Tenant Remodel 6415 Labeaux Simon Retail $200,000.00 $2,833.64 2012-054 03/08/12 03/07/12 03/07/12 Sign, Temporary 5262 Kyler Avenue NE DTs Family Pizza $0.00 $25.00 2012-055' 03/12/12 03/13/12 03/13/12 Water Conditioner 10226 49th Street NE Culligan $500.00 $30.00 2012-056 03/13/12 03/13/12 03/13/12 Sign Temp 11095 61st Street NE Westside Liquors $0.00 $50.00 2012-057 03/13/12 01/26/12 01/17/12 Commercial Additi 5262 Kyler Avenue NE Snap Fitness $6,950.00 $774.88 2012-058 03/15/12 03/06/12 03/05/12 Commercial Boiler 6155 Kalenda Court B&D Plumbing $4,100.00 $120.50 2012-059 03/16/12 03/16/12 03/16/121 Waxer Heater 5686 Lander Avenue NE Baxter Mechanical $500.00 $30.00 2012-060 03/15/12 03/15/12 03/15/12 Patio Door 11800 55th Street NE installation Masters $1,106.58 $68.15 2012-061 03/15/12 03/15/12 03/15/12 Basement Insulatioi 10205 52nd Street NE Asset Management Resto $1,241.00 $51.65 2012-062 03/19/12 03/19/12 03/19/12 Reside 6076 Kahler Drive NE NSW Exteriors $8,105.00 $181.50 2012-063 03/19/12 03/15/12 03/15/12 1 Wheel Chair Rampl 10589 50th Court NE Ramps R Us $2,500.00 $89.55 2012-064 103/20/121 03/19/12 03/19/12 Water Softner 1628i 64th Way NE Roto Rooter $800.00 $30.00 u, CO MAPublic Data\Building DepartmentTermit Logs12012\2012 Permit Log Page 5 of 15 2012 Albertville Permit Log Number Issued Compl. Reed Type of Work Address on Permit Builder/Owner Valuation Fee Paid 2012-065 . 03/21/12 03/21/12 03/20/12 Sign, Temporary 5794 Main Avenue NE 152 Club $0.00 $25.00 2012-066 03/22/12 03/19/12 03/21/12 Fence 5930 Kalland Avenue NE Harris, Tracy $2,500.00 $25.00 2012-067 03/22/12 03/22/12 03/22/12 Reroof 5671 Kalland Petr Brutskiy $5,000.00 $130.00 2012-068 03/26/12 03/26/12 03/26/12 Kitchen Remodel 5091 Jason Avenue NE Heudng, Ken $12,000.00 $371.06 2012-069 1 03/26/12 03/26/12 03/26/12 Reroof & Reside 4954 Kagan Avenue NE Personal Pride $18,000.00 $318.75 2012-070 03/26/12 03/26/12 03/26/12 Basement Finish 10417 62nd Street Vantage Heating and Coolif $31,000.00 $803.38 2012-071 03/27/12 03/27/12 03/27/12 Mechanical 5262 Kyler Avenue NE Snap Fitness $1,500.00 $95.63 2012-072 03/27/12 03/27/12 03/27/12 Sign, Permanent 11095 61st Street NE Westside Liquors $150.00 $41.75 2012-073 03/27/12 03/27/12 03/27/12 Sign, Temporary 11095 61 st Street NE Westside Liquors $0.00 $25.00 2012-074 03/28/12 03/28/12 03/28/12 Fence 6203 Karmen Avenue NE Northland Fence $6,158.00 $25.00 TOTAL $520,390.58 $99984.10 YEAR TO DATE $841,874.58 $25,274.39 FEBRUARY PERAHT 30 YEAR TO DATE 73 Lrl Lo MAPublic Data\Building DepartmentTermit Logs\2012\2012 Permit Log Page .6 of 15 A,lbertville Small Town Uvina. ela atu Ufa. 5959 Main Avenue NE, Albertville, MN 55301 (763) 497-3384 Date: April 16, 2012 To: City Administrator/City Council From: Timothy Guimont Re: Monthly Report STREETS We did a large crack sealing project this year and completed it about a month early. Spring street sweeping has also been completed. We will begin patching as soon as we can get asphalt. PARKS We will have completed a third mowing by this meeting, this is a first for us. Soccer and ball practices have started and we will have had our first softball tournament on April 14a' . Things are already busy in the parks. As a reminder we have our Explore Your Parks Night on May 18a' from 6:00 to 8:00 pm.The Mayor has volunteered to be at Villas Park. If there is anyone else that would like a location let me know. bertvi ll A,1e Mayor and Council Communication Small Town Uving. gig My Ufs April 12, 2012 SUBJECT: Fraser Steel Tax Increment Financing District RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider passing the following: MOTION TO: authorize staff to work with Northland Securities on an hourly bases to identify Tax Increment Financing incentives for Fraser Steel's 25,000 square foot plant expansion with the City fronting eligible TIF consulting costs not to exceed $10,000.00. BACKGROUND: In June of 2007, the City approved a Tax Increment Financing Plan to assist Fraser Steel in a 25,000 square foot building expansion as per the attached TIF 13 Document. Fraser then purchased a newly developed industrial lot adjoining their current site. Following adoption of the TIF plan, Fraser Steel put the project on hold when the United States economy slowed and entered a severe recession. On February 28, 2012, the City hosted a meeting of the Industrial Park owners who said very positive things about the recovering economy and some seemed poised to expand. On Wednesday, April 12, 2012, Baxter Stevenson Manager of Fraser Steel called to confirm their interest to continue with the previously planned project. Staff would like to work with a TIF consultant to identify an incentive that will enable them to proceed. This could include decertifying the current TIF district, as the TIF benefits lost in interceding years may be gone. By decertifying and creating a new TIF project, Fraser may then capture the full nine year benefit of the economic development district. Without TIF assistance, it is doubtful the project can proceed. FINANCIAL CONSIDERATIONS: The estimated cost to process the TIF district should not exceed $10,000 and this is an eligible TIF expense. Should the City invest in this TIF plan and the project not proceed, then the cost of this work would be borne by the City. LEGAL ISSUES: The City Council has the authority to contract with consultants to identify TIF options. Department/Responsible Person: Larry Kruse, City Administrator M:\Public Data\Requests for Council Actions (RCA)\2012\04 16 2012 Fraser Steel Tax Increment Financing District RCA.doc Meeting Date April 16, 2012 61 Economic Development Plan for TIF District No. 13 -Fraser City of Albertville TIF Plan Date: May 18, 2007 Adoption Date: June 18, 2007 62 SECTION 1 THE DEVELOPMENT PROGRAM A. Modifications to the Development Proeram Development District No. 1 was first approved in April,1981 and has been modified subsequently. Current modifications to the Development Program include budget revisions to coincide with the Finance Plan relating to Economic Development Tax Increment Financing (M District No. 13 — Fraser Steel. Proposed development within Municipal Development District No. 1 will be consistent with the goals, objectives and plans expressed by the Development Program. The current project relates to plans by Fraser Building Limited Partnership to expand their existing manufacturing facility in Albertville. Certain costs associated with the proposed project are to be paid in part with tax increment funds. The City of Albertville has now determined that, in order to address the changing development needs throughout the community, it is in the public interest to provide for additional expenditures and development within Development District No. 1. This modified Development Program is intended to restate and expand on the original program and all prior amendments hereto, which are incorporated herein by reference. Nothing in this modification is intended to supersede or alter the activities described in the original Development Program. The current project is consistent with the established "Statement of Objectives" documented by Subsection 1.4 of the Development Program. The public improvement costs and development plans_ for Development District No. 1 have been described in detail by each Tax Increment Financing Plan authorized by the City of Albertville, which are incorporated herein by reference. The City of Albertville now anticipates additional public costs to be financed in part with tax increments expected to be generated by new development within Economic Development Tax Increment Financing (TIF)District No. 13. Estimated costs and related data for such efforts are set forth in the TIF Plan for TIF District No. 13. The TIF Plan for TIF District No. 13 accompanies these modifications to the Development Program. The City of Albertville may acquire any parcels located within the Tax Increment Financing District or in Development District No. l as may be necessary to carry out the goals and objectives of the Development Program. B. Development District No.1 The current boundaries of Development District No. I are represented by map and identified as Exhibit No. 1. Modifications to the Development Program do not expand the current geographic designation of Development District No. 1. TIF District No. 13 is located within the current boundaries of Development District No. 1. Within Development District No. 1, the City of Albertville has previously established TIF District Nos. 1 through 12, inclusive. 63 SECTION II TAX INCREMENT FINANCING PLAN FOR DISTRICT NO. 13 A. Fold The City, staff and consultants have prepared the following information to expedite and create Economic Development Tax Increment Financing (TIF) District No.13 — Fraser Steel (the "Tax Increment District"). The Tax Increment District lies within Development District No. 1 which was duly created in April,1981 with subsequent modifications. The objectives of the City for the improvement of the Project Area are set forth in the modified Development Program for Development District No. 1. The Development Program for the project is also identified within the modified Development District No. 1 Plan. Proposed development within the Tax Increment District and Development District No. I will be consistent with the goals, objectives and plans expressed by the modified Development Project and Development Program for Development District No. 1. The current project within the Tax Increment District relates to plans by Fraser Building Limited Partnership to expand their existing manufacturing facility in Albertville. B. Use of Tax Increment Pursuant to Section 469.176, Subd. 4, of the Tax Increment Act, all revenues derived from the Tax Increment District shall be used in accordance with the tax increment financing plan. The revenues shall be used for the following purposes: 1. to pay the principal of and interest on bonds used to finance a project; 2. to finance or otherwise pay the capital and administration costs of the Development District pursuant to the Development District Act; 3. to pay for project. costs as identified in the budget; and 4. to finance or otherwise pay for other purposes as provided in Section 469.176, Subd. 4, of the TIF Act. These revenues shall not be -used to circumvent any levy limits. C. Excess Tax Increments Pursuant to Section 469.176, Subd. 2, of the Tax Increment Financing (TIF) Act, the City shall use the excess increments only to do one or more of the following: 1. prepay any outstanding bonds; 2 2. discharge the pledge of tax increment therefor; 3. pay into an escrow amount dedicated to the payment of such bonds; or 4. return the excess amount to the County Auditor for redistribution. The City of Albertville expects to spend all tax increment received and in accordance with the TIF Plan and consequently no excess tax increments are anticipated. D. Limitation of increment Pursuant to the Tax Increment Financing (TIF) Act: 1. The proposed TIF District is an "economic development district" as defined by Section 469.174, Subd. 12 of the TIF Act because the proposed tax increment assistance will discourage commerce, industry and manufacturing from moving their operations from the City; will result in increased employment within the State; and will result in the preservation and enhancement of the tax base of the State. The existing manufacturing facility owned•by Fraser Building Limited Partnership along with the planned building expansion of approximately 25,000 square feet are and will be used for the manufacturing, storage and distribution of tangible personal property and related industrial activities pursuant to the threshold requirements of the TIF Act. 2. The tax increment pledged to the payment of bonds and interest thereon may be discharged and the TIF District may be terminated if sufficient funds have been irrevocably deposited in the debt service fund or other escrow held in trust for all outstanding bonds to provide for the payment of the bonds at maturity or redemption date. 3. If, after four (4) years from the date of certification of the original net tax capacity value of the TIF District pursuant to Section 469.177 of the TIF Act, no demolition, rehabilitation or renovation of property or other site preparation, including improvement of a street adjacent to a parcel but not installation of an underground utility service, has been commenced on a parcel located within the TIF District by the City or by the owner of the parcel in accordance with the tax increment financing Plan, no additional tax increment may be taken from that parcel, and the original net tax capacity value of that parcel shall be excluded from the original net tax capacity value of the TIF District. If the City or the owner of the parcel subsequently commences demolition, rehabilitation or renovation or other site preparation on that parcel, including improvement of a street adjacent to that parcel, in accordance with the tax increment financing plan, the Authority shall certify to the County Auditor that the activity has commenced; and the County Auditor shall certify the net tax capacity value thereof as most recently certified by the Commissioner of Revenue and add it to the original net tax capacity value of the TIF District. For purposes of this subdivision, "parcel' means a tract or plat of land established as a single unit for purposes of assessment. 4. At least eighty percent (80%) of the revenue derived from tax increments paid by properties in the TIF District will be expended on "Activities" in each TIF District or 65 to pay bonds, to the extent that the proceeds of the bonds were used to finance "Activities" in the TIF District or to pay, or secure payment of debt service on credit enhanced bonds. Not more than twenty percent (20%) of the revenue derived from tax increment paid by properties in the TIF District will be expended, through a development fund or otherwise, on ",Activities" outside of the TIF District, except to pay, or secure payment of, debt service on credit enhanced bonds. All administrative expenses are considered to be expended outside of the TIF District. 5. Pursuant to Section 469.1763, Subd. 3 of the TIF Act, revenues derived from tax increments will be considered as expended within the TIF District only if. (a) before or within five (5) years after certification of the TIF District, the revenues are actually paid to a "Third Party" with respect to the "Activity"; (b) bonds, the proceeds of which must -be used to finance the "Activity", are issued and sold to a "Third Party" before or within five (5) years after certification, the revenues are spent to repay the bonds, and proceeds of the bonds either are, on the date of issuance, reasonably expected to be spent before the end of the later of (i) the five-year period, -or (ii) a reasonably temporary period within the meaning of the use of that term under section 149 (c) (1) of the Internal Revenue Code, or are deposited in a reasonably required reserve or replacement fund; (c) binding contracts with a "Third Party" are entered into for performance of the "Activity" before or within five years after certification of the TIF District and the revenues are spent under the contractual obligation; or (d) cost with respect to the "Activity" are paid before or within five (5) years after. certification of the TIF District and the revenues are spent to reimburse a party for payment of the costs, including interest on unreimbursed costs. For the purpose of this Subsection, bonds include subsequent refunding bonds if the original refunded bonds meet the requirements of the clause (b) above. 6. Beginning with the sixth year following certifcation of TIF District, seventy-five percent (75%) of the revenues derived from tax increments paid by properties in the TIF District that remain after permitted expenditures will be used only to pay outstanding bonds; contracts, as defined in clauses 5(c) and 5(d); or certain enhanced bonds. When the outstanding bonds have been defeased and when sufficient money has been set aside to pay contractual obligations, the TIF District will be decertified and the pledge of tax increment discharged. 7. Pursuant to Minnesota Statutes, Section 469.175, Subd. ]a; the County Board may require the City to pay for all or part of the cost of county road improvements if the proposed development to be assisted by tax increment will, in the judgment of Wright County, substantially increase the use of county roads requiring construction of road improvements or other road costs and if the road improvements are not scheduled within the next five years under a capital improvement plan or within five years under another county plan. If the county elects to use increments to improve county roads, it must notify the City within forty-five (45) days of receipt of this TIF Plan. 4 8. Minnesota Statutes, Section 469.1771, provides that the State Auditor shall enforce the TIF Act and the City will accept certain administrative responsibilities. A list will be maintained by the City to document all building permits issued within the TIF District. 9. Applicable Definitions (a) "Activities" means acquisition of property; clearing of land, site preparation, soils correction, removal of hazardous waste or pollution, installation of utilities, construction of public or private improvements, and. other -similar activities, but only to the extent that tax increment revenues may be spent for such purpose under the law. (b) "Third Party" means an entity other than (1) the person receiving the benefit of assistance financed with tax increments, or.(2) City or other person substantially under the control of the City. (c) "Tax increment" includes taxes paid by captured net tax capacity, but excluding any excess taxes; includes sale or lease proceeds of property that has been purchased by the City with tax. increments; includes repayment of loans or other advances made by the City with tax increments; and includes interest or other investment earnings on or from tax increment. E. Limitation on Administrative Expenses Pursuant to Section 469.176, Subd. 3, of the Tax Increment Financing ("TIF") Act, no tax increment shall be used to pay any administrative expenses for the Tax Increment District which exceed ten percent (10%) of the total tax increment expenditures authorized by the tax increment financing plan or the total tax increment expenditures for the Tax Increment District, whichever is less. The City intends to retain the maximum allowable administrative reimbursementpermitted by the TIF Act. F. Parcels for Acaaisition 1. Any properties identified for acquisition will be acquired by the City only in order to accomplish one or more of the following: storm drainage improvements; provide land for needed public streets, utilities and facilities; and/or to construct public improvements or other related activities as may be required to accomplish the uses and objectives set forth in this Tax Increment Financing Plan. 2. The City currently owns property that they intend to sell to Fraser Building Limited Partnership that will be included within the Tax Increment District along with property that is presently owned by Fraser Building Limited Partnership. The City is Pot intending to acquire any additional property within the Tax Increment District. 5 67 G. Estimate of Costs Estimated costs associated within TIF District No. 13 are subject to change. The City Council retains the authority to modify the itemized budget as may be necessary to accomplish the development program. Project costs proposed for financing with the assistance of tax increment financing are estimated and generally include public improvements, infrastructure and soil correction activities that are required to accomplish the economic development program. Costs incurred to construct public improvements including sanitary sewer, water, streets and storm drainage, related appurtenances and engineering; site improvements including grading and soil corrections; financing costs; and administration are activities that will be financed with tax increment financing assistance. The preliminary estimate of project costs is summarized below: Infrastructure Improvements $ 156,800 Site/Soil Activities $ 78,600 Financing Costs $ 85,200 Administration 27,878 Total Project Costs $ 348,478 The City of Albertville may use other potential revenues to finance project costs including special assessment revenues, local funds (City and County), interest earnings and other sources which may be become available. However, the costs listed above represent the amounts expected to be paid with tax increments. Administrative costs are not expected to exceed ten percent (10%) of the lesser of tax increment expenses authorized by the tax increment financing plan or total tax increment expenditures. Administrative costs may include direct County Reimbursements, reporting costs, city staff time, and out-of-pocket expenses. The City reasonably expects that the project will be developed within Development District No. 1 in 2007. The City expects to expend all tax increments received from TIF District No. 13. Further budget details are available from the City of Albertville. The City has entered into a conditional "Agreement for Purchase and Sale" of property to Fraser Building Limited Partnership relating to this Tax Increment Financing Plan and program. H. Use of Tax Increments Tax increments generated in the Tax Increment Financing District will be paid by Wright County to the City of Albertville for its Tait Increment Fund for said District. The City will use the tax increment funds in accordance with the provisions of the Tax Increment Financing Plan not to exceed the total estimated project costs. The City retains the right to use tax increments as a source of revenue to pay for financing expenses relating to project costs. When all authorized expenses have been paid, or other arrangements for payment have been made, all further increments, if any, will be used pursuant to this Tax Increment Financing Plan, including repayment to the City for any financial participation in the current project. I. Sources of Revenue for Public Costs Tax increment financing is one source of revenue for financing public costs. The City may also use special assessments, user charges and other sources to finance project costs. J. Estimate of Tax Increment The estimate of tax increment and assumptions are set forth in the following sections of this Tax Increment Financing Plan: Sections K, L, and M. K. Original Net Tax Capacity Value Pursuant to Section 469.177, Subd. 1, of the Tax Increment Act, the Original Net Tax Capacity Value ("ONTC") for Tax Increment District No. 13 is estimated to be $33,120 on all taxable real property within the Tax Increment District, which is the assumed tax capacity as of January 2, 2007. Pursuant to Section 469.177, Subd. 1 and 2 of the Tax Increment Act, the County Auditor shall certify in each year the amount by which the original net tax capacity value has increased or decreased as a result of a change in tax exempt property within the Tax Increment District, reduction or enlargement of the Tax Increment District or changes in connection with previously issued building permits. In any year in which the current net tax capacity value of the Tax Increment District. declines below the ONTO, no net tax capacity will be captured and no tax increment will be payable to the City. The City of Albertville intends to capture 100% of the tax increments that are generated for a period of not more than eight (8) years from the date of first receipt assumed to begin in the year 2009. See "Section M" for further explanation. L. Current Net Tax Capacity Value The current net tax capacity value is the same as the original net tax capacity value estimated in Subsection K. M. Estimated Captured Net Tax Capacity Value/Increment Pursuant to Section 469.177, Subd. 1, 2 and 4 of the Tax Increment Financing Act and assuming that the proposed 25,000 square foot addition and related improvements are substantially complete by year-end 2007, the estimated captured net tax capacity value. in TIF District No. 13 as of January 2, 2008 (for 2009 collection)- is estimated below. This estimate assumes that new construction is 100•/o completed with value added to the.TIF District to generate the first increment payable in 2009. Future Estimated Market Value (2008/09) $ 3,293,500 Current Estimated Market Value (2007) $1,693,500 Estimated Captured Market Value (2008/09) $ 1,600,000 Future Estimated Tax Capacity (2008/09) $ 65,120 Current Estimated Tax Capacity (2007) $ 33,120 Estimated Captured Tax Capacity (2008/09) $ 32,000 Current (TIF') Tax Rate (2007) 107.195 % Projected Tax Increment (2008/09) $ 34,302 Future Estimated Market Value TIF District No. 13 is expected to include construction of a 25,000 square foot addition to an existing manufacturing facility owned by Fraser Building Limited Partnership located in the Barthel Industrial Park. Current construction cost estimates relating to the addition are estimated at $1,600,000. Certain improvements are also being contemplated for the existing manufacturing facility that will be located within TIF District No. 13. The final value will be determined based upon actual construction details and assessment practices of the Wright County Assessor. For purposes of the TIF District Plan, the initial future market value includes the current market value of property owned by Fraser Building Limited Partnership (PIN 101-022-002070) of $1,620,000 plus $1,600,000 of new market value resulting from the proposed expansion project plus an estimated market value of $73,500 for the property being sold by the City to Fraser Building Limited Partnership. Current Estimated Market Value It is assumed that TIF District No. 13 will be comprised of portions of three (3) parcels. The total estimated market value of PIN 101-022-002070 (Fraser) is $1,620,000. Two additional parcels presently owned by the City, PIN 10 1 -022-002090 (Lot 9) and PIN 101-022-002100 (Lot 10), will be subject to re -plat with parts of both possibly becoming part of TIF District No. 13. For purposes of the TIF Plan, it is assumed that the current estimated market value of those portions of the City -owned property that are to be included within TIF District No. 13 will be valued at $73,500; approximately $1.10 per square foot for 66,707 square feet of useable property. Future and Current Estimated Tax Capacity The current and future classification of the property within TIF District No. 13 assumes "Commercial" and is assigned a. tax rate of 1.5% for the first $150,000 of estimated market value and a rate of 2% for -all value in excess of $150,000. Orlainal Local Tax Rate/Increment/Cashflow The original local tax rate of 107.195% represents the effective rate for 2007. The City expects to use 100% of the captured n9t payable tax capacity and the resulting increments, beginning in the 2009 collection year. See Exhibit No. 3 for further details of the projected financing scenario that assumes a 9-year period and a 100% captured value as of January 2, 2008. The TIF Plan assumes that the City will not receive tax increment in 2008 resulting from inflationary increases or other factors that could generate payment of tax increment before the projected first year of increment in 2009. 09 The actual amount of tax increment revenue generated by the proposed development may vary each year depending upon a number of factors and potential legislative changes to the property tax system, including tax increment financing. N. Tax Increment Financing Account for the Tax Increment Financing District The tax increment received with respect to the Tax Increment Financing District shall be segregated by the City in a special account or accounts on its official books and records. O. Duration of the District Pursuant to the Tax Increment Act, the duration of the Tax Increment Financing ("TIF") District within Development District No. 1 of the City will be no more than eight (8) years after the date of receipt by the City of the first tax increment or the point at which. the Tax Increment Financing Plan has been satisfied. The projected date of receipt by the City ofthe firsttaxincrement is in 2009.- The City anticipates that the duration of the TIF District will be the maximum permitted by law which would permit collection through 2017 if the first increment is received in 2009. If the first increment is received in 2008 (due to inflation), the last year of collection will be 2016.. Exhibit No. 3 illustrates a 9-year term beginning in 2009 and ending in 2017. The City of Albertville and Fraser Building Limited Partnership each understand that the actual term and amount of tax increment may vary from the projection. P. Taxing Jurisdictions For purposes of this projection, it is anticipated that the net captured value of the parcels included in the Tax Increment Financing ("TIF") District will remain stable from year to year after project completion and that the impact of tax increment financing on the net tax capacity values of all taxing jurisdictions in which the TIF District is located in whole or in part would also remain stable from year-to-year. Based on this assumption, it is anticipated that tax increments will be captured annually. The estimate is based on the qualifications identified in this report and does not include the possible tax increment derived from any other future development, tax capacity changes or inflation factors. Assuming a TIF Tax Rate of 107.195 % and that the total Estimated Captured Net Tax Capacity Value of the TIF District on January 2, 2008 is $32,000, the following fiscal impact analysis has been prepared: 2007 Tax Rate 2007 Net Tax Capacity Wright County 30.71 % $ 123,154,690 City of Albertville 31.24 % $ 7,588,007 I.S D. # 885 45.25 % $ 20,094,991 Total 2007 Tax Rate 107.20 % I.S D. #885 comprised 42.209% of the 2007 TIF tax capacity rate, while Wright County comprised 28.647%. The City ofAlbertville made up 29.1440/c of the 0 71 cumulative tax capacity levy for the taxing jurisdictions affected by the Tax Increment District proposal. A TIF tax capacity rate of 107.195% has been utilized in this Tax Increment Financing Plan. If the new taxes estimated within the TIF District are captured for the duration of the District, taxes and values will experience no change until termination of the District. If the new taxes upon completion were not captured (assuming the project could be done without tax increment financing) and by applying the 2007 Tax Rate for each jurisdiction, taxes (2008/09) would be distributed as follows: Wright County $ 9,826 City ofAlbertville $ 9,997 I.S.D. # 885 $14,479 Total Tax Increment $ 34,302 The projected amount of captured tax capacity ($32,000) within the TIF District is a small amount compared against the total tax capacities of Wright County, the City of Albertville and I.S.D. # 885. Similarly, the projected amount of taxes to be generated within the TIF District is a modest amount compared to the overall taxes received annually by each taxing jurisdiction. The proposed project is not expected to significantly increase or decrease the demand for services provided by the City. Furthermore, the development project can be serviced by existing utility systems and. consequently no negative impacts to public infrastructure are expected. At this point, other than issuing debt payable from tax increment financing, the City does not plan to incur new debt payable from revenue sources other than tax increments or by sources generated as a result of development activities within the TIF District; however, the City reserves the right to do so. Total Estimated Tax Increment/9-Year Duration: $ 348,478 Total Estimated Tax Increments/9-Year Duration —Albertville: $ 101,560 Total Estimated Tax Increments/9-Year Duration — I.S.D. 9885: $147,089 Total Estimated Tax Increments/9-Year Duration — Wright County: $ 99,829 Beyond the information provided above and if requested to do so, the City will provide further information to Wright County and/or I.S.D. #885 officials relating to projected and anticipated fiscal and cost implications of the proposed development project. �. Annual DisclosureRequirements Pursuant to M.S. Section 469.175, Subd. 5, 6, and 6b, the City must undertake annual and ongoing financial reporting for all tax increment financing districts to the Office of the State Auditor, the County Board and County Auditor and the School Board. The City intends to comply with applicable reporting requirements for this TIF District. 10 72 R. Requirements for Agreements with the Developer Pursuant to Section 469.176, Subd. 5, of the Tax Increment Financing ("TIF") Act, no more than twenty-five percent (25%), by acreage, of the property to be acquired in the Tax Increment Financing District as set forth in the tax increment financing plan shall at any time be owned by the City as a result of acquisition with the proceeds of bonds issued pursuant to Section 469.178 to which tax increments from property acquired is pledged without the City having, prior to acquisition in excess of twenty-five percent (25%) of the acreage, concluded an agreement for the development or redevelopment of the property acquired and which provides recourse for the City should the development not be completed. Property may be acquired without a development agreement provided land acquisition is not funded by bonds secured by tax increments from the acquired property. ssment Agreements The City is permitted to enter into a written assessment agreement in recordable form with the Developer of property within the Tax Increment Financing District which establishes a minimum market value of the land and completed improvements for the duration of the District. T. Sources of Revenue/Bonded Indebtedness Public improvements, site/soil preparation, administration and other budgeted costs will be financed in whole or in part through the annual collection of tax increments. The City reserves the right to use other sources of revenue legally available to the City and the TIF Plan, including but not limited to special assessments, general property taxes, transportation state aids, land sale proceeds and other forms of public and private sector funding. The City may choose to authorize the financing of project costs with repayment coming from tax increment revenues. The principal amount of TIF obligations is not expected through any combination of bonds, notes or interfund loans (together, "TIF Obligations") to exceed $234,500, exclusive of interest and administration. This provision does not obligate the City to incur debt; it merely establishes the maximum principal amount of indebtedness that may be secured in whole'or in part by tax increments. U. Assumptions and Analvsis Certain assumptions have been made to anticipate future considerations relating to property tax legislation, the development schedule, project financing and costs. One or more of the assumptions may prove to be inaccurate and the City of Albertville retains the right to authorize changes as may be required to achieve the Development Program. V. Legal Descrintion/MawTarcel Number Legal Description: See Exhibit No. 2. The City is currently in the process of approving the re -plat of existing platted parcels into a single parcel that will comprise TIF District No. 13. The current legal descriptions are represented by this document. II 73 Existing Parcel Identification Numbers: PID 101-022-002070 (Fraser) and parts of PID 10 1 -022-002090 (City) and PID 101-022-002100 (City). A map/legal description of the TIF District is provided as Exhibit No. 2. W. Reasonable Expectations As required by the Tax Increment Financing Act, in establishing the Tax Increment Financing District the determination has been made that the anticipated development and improvements would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the TIF Plan. In reaching this conclusion; reliance has been placed upon representations made by the Developer to such effects and upon awareness by City Officials of the feasibility of developing the project site. See Section "Bb" (But -For Evaluation). X. Buildina Permits Issued A building permit is expected to be issued in 2007 for construction activities within the Tax Increment Financing District. Y. Notification of Prior Planned Improvements The City shall, after due and diligent search, accompany its request for certification to the County Auditor, or its notice of Tax Increment Financing ("TIF") District enlargement with a listing of all properties within the TIF District or area of enlargement for which building permits have been issued during the eighteen (18) months immediately preceding approval of the tax increment financing plan by the City pursuant to Section 469.175, Subdivision 3, of the TIF Act. The County Auditor shall increase the original net tax capacity value of the TIF District by the net tax capacity value of improvements for which a building permit was issued. Z. Summary The City of Albertville is establishing the Tax Increment Financing District to facilitate economic development. Aa. Business Subsidies To the extent applicable, the City of Albertville agrees to comply with M.S. Section 116J993 to 1161995, which states that a local unit of government granting financial assistance to business for economic development or job growth purposes, including tax increment financing, must establish business subsidy criteria and approve a business subsidy agreement with the business receiving the assistance. 12 74 Bb. But — For Evaluation The primary purpose of this TIF District is to promote economic development within the City and specifically within the newly developed industrial park. The City has identified a need for increased industrial facilities and employment growth in the community and has determined that the proposed development by Fraser Building Limited Partnership (the "Developer") will not occur as proposed without tax increment assistance based on an analysis of material submitted to the City by the Developer (on file at City Hall). The City therefore does not believe the proposed development is likely to occur without the assistance described in this TIF Plan. For purposes of the "but -£or" analysis, "site" means the property presently owned by Fraser Building Limited Partnership and land currently owned by the City, which together constitute the property on which the manufacturing addition to be assisted with tax increment will be located. Without the additional industrial land created by the City, the Developer would not be able or willing to increase the size of the manufacturing operation. To facilitate the proposed expansion -b the-Develo r-the Ei hasdesi ed and develo d r thatu- d t�l a -to- - - — - • .... Y Pe , ty� � l� ��rty.. �J the existing facility thereby providing the opportunity for Fraser Steel to grow and expand their existing operations. The City has determined that no other development is expected to occur on the site that would create a greater market value than the proposed expansion by the Developer, after adjusting for the tax increment assistance. Analysis of the site shows that continued and expanded industrial use results in a greater increase in market value than other possible land uses. Furthermore, given the location of the property and the property's zoning classification, housing or other commercial uses are not appropriate or likely for the site. The City finds that without the use of.tax increment financing, the proposed and preferred economic development project will not occur. A comparative analysis of estimated market values both with and without establishment of the TIF District and the use of tax increments has been performed as described above. If all of the development which is proposed to be assisted with tax increment were to occur in the District, the total increase in market value would be $1,600,000. The present value of tax increments from the District is estimated to be $224,632. For reasons described above, it is the Council's finding that development with greater market value then that projected by this project is not expected to occur in the foreseeable future without tax increment and other assistance; and that even if some development could occur, it would not be expected to create new market value of more than $1,375,368. (See Cashflow in Exhibit No. 3 and project plans in Exhibit No. 4). 13 75 1 ❑lltll a ��' 1414 ME �. • II►itiUlti i�� r, 5. r..r•�i!:low =r r['I�„ 4. k`a +ter. 'C ��F♦�i r r , r-v. ��li rr rIN � N:- imto ,."i moll HIM ��%tll(1�11i1��l�t� Ilt: ill�►�� t��rl.� d�ir� :i �►��;�t a Exhibit No. 2 Tax Increment Financing District No. 13 Lot 7, Block Two of the Barthel's Industrial Park, City of Albertville, Wright County, Minnesota and That part of Lot 10, Block 2, BARTHEL'S INDUSTRIAL PARK, according to the recorded plat thereof, Wright County, Minnesota, described as follows: Beginning at the northwest comer of said Lot 10, thence South 54 degrees 19 minutes 38 seconds East, a distance of 228.11 feet; thence South 33 degrees 38 minutes 37 seconds West, a distance of 268.75 feet; thence southwesterly a distance of 61.78 feet along a non -tangential curve concave to the northwest having a radius Of 190.00 feet, a central angle of 18 degrees 37 minutes 54 seconds, and the chord of said curve is 61.51 feet in length and bears South 42 degrees 04 minutes 21 seconds West; thence southwesterly a distance of 81.72 feet along a reverse curve concave to the southeast having a radius of 90.00 feet and a central angle of 52 degrees 01 minutes 32 seconds; thence South 00 degrees 38 minutes 14 seconds Bast, tangent to last described curve, a distance of 9.30 feet to the south line of said Lot 10; thence South 89 degrees 57 minutes 23 seconds West, along said south line of Lot 10, a distance of 26.78 feet; thence southwesterly a distance of 23.22 feet along a tangential curve concave to the southeast having a radius of 913.:65 feet and a central angle of 01 degrees 38 minutes 06 seconds; thence North 00 degrees 38 minutes 14 seconds West, a distance of 9.11 feet; thence northeasterly a distance of 127.12 feet along a tangential curve concave to the southeast having a radius of 140.00 feet and a central angle of 52 degrees 01 minutes 32 seconds; thence northeasterly a distance of 14.59 feet along a reverse curve concave to the northwest having a radius of 140.00 feet and a central angle of 05 degrees 58 minutes 19 seconds, to a point on the southeasterly extension of the southerly line of Lot 7, Block 2, BARTHEL'S INDUSTRIAL PARK, thence North 57 degrees 15 minutes 45 seconds West along said southeasterly extension, a distance of 173.20 feet to the southeast corner of said Lot 7; thence North 33 degrees 17 minutes 59 seconds East, along the easterly line of said Lot 7, a distance of 311.08 feet to the point of beginning. Containing 1.75 acres more or less. 77 Exhibit No. 3 TIF Cashflow Projection TIFPeriod Tax Year Gross TIF Administration Net TIF No TIF S'urplus/(De w t) Cumulative 77F 1 2009 $34;3f13 ,�2, 744 $31, 55&- - --$31-55 -0- �34� 3U2 2 2010 $35,331 $2,826 $32,505 $32,505 $0 $69,633 3 2011 $36,391 $2,911 $33,480 $33,480 $0 $106,024 4 2012. $37,483 $2,999 $34,484 $34,484 $0 $143,507 5 2013 $38,607 $3,089 $35,519 $35,519 $0 $182,114 6 2014 $39, 765 $3,181 $36, 584 $36, 584 $0 $221, 879 7 2015 $40, 958 $3, 277 $37, 682 $37, 682 $0 $262, 838 8 2016 $42,187 $3,375 $38,812 $38,812 $0 -$305,025 9 2017 S43.453 S3, 476 $ �E.91Z S39977 $0 93!d 478 Totals $348,478 $27,878 $320,599 $320,599 $348,478 Gross TIF is increased annually by three percent (3%). Administration equals eight percent (8%) of Gross TIF. Exhibit No. 4 Economic Development Project Plan 79 bcrtvi11 �1c Mayor and Council Communication Smell Town Ut**. gig Oty We. April 12, 2012 SUBJECT: Jennifer Weishar Memorial Bench RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider passing the following: MOTION TO: authorize PW Director/City Engineer Nafstad to develop one or two concepts for a memorial bench location in the Hunter's Lake neighborhood. BACKGROUND: Currently, the family and some Volunteer Fire Department members have been maintaining a small memorial at the site of the bus accident where Jessica Weishar died. The I-94 project may temporarily disturb the current site. One idea is to create a trail around the holding pond and a pad for a memorial bench overlooking Hunter's Lake. The pond will have a berm around the perimeter to accommodate future maintenance and the cost to upgrade this to a trail would be minimal. It is likely that the Fire Department would secure funds for a memorial bench overlooking the lake. This effort may compliment the idea of an off -road trail around this part of the Hunter's Lake. To proceed, the Council could ask PWD/City Engineer Adam Nafstad to work with staff and to come back with ideas or options. FINANCIAL CONSIDERATIONS: A modest amount of staff time would be used to develop simple concepts for Council discussion. LEGAL ISSUES: No legal issues. Submitted by: Larry Kruse Department/Responsible Person: Larry Kruse, City Administrator M:\Public Data\Requests for Council Actions (RCA)\2012\04 16 2012 Jessica Weishar Memorial RCA.doc Meeting Date April 16, 2012 81