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2018-10-01 City Council Agenda Packet City of Albertville Council Agenda Monday, October 1, 2018 City Council Chambers 7:00 p.m. 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. P:\City Council\Council Agendas\2018 Agenda Packets\2018-10-01 City Council Agenda.docx Meeting Date: October 1, 2018 1. Call to Order 2. Pledge of Allegiance – Roll Call 3. Recognitions – Presentations – Introductions A. STMA Youth Soccer 4. Public 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 September 17, 2018 regular City Council meeting minutes as presented (pgs 4-10) B. Authorize the Monday, October 1, 2018 payment of claims as presented, except bills specifically pulled which are passed by separate motion. The claims listing has been provided to City Council as a separate document and is available for public view at City Hall upon request (pg 11) 7. Public Hearings – None 8. Department Business A. City Council 1). Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc.) Agenda Page 1 City of Albertville Council Agenda Monday, October 1, 2018 Page 2 of 3 P:\City Council\Council Agendas\2018 Agenda Packets\2018-10-01 City Council Agenda.docx Meeting Date: March 6, 2017 B. Planning/Zoning 1). Samaritan Hill Lutheran Church Conditional Use Permit (pgs 12-24) (Motion to Adopt Resolution Number 2018-031 approving the Conditional Use Permit to amend the Shoppes of Towne Lakes to allow Samaritan’s Hill Lutheran Church the B-2A District at 6826 Laketowne Place NE.) 2). Outdoor Storage of Recreational Vehicles (pgs 25-31) C. Fire – None D. Finance – None E. City Clerk – None F. Public Works/Engineering – None G. Building – None H. Legal – None I. Administration 1). Ice Arena Maintenance and Shift Supervisor Employment Offer - Verbal 2). City Administrator’s Update (pgs 32-33) 9. Announcements and/or Upcoming Meetings October 4 Fire Business Meeting, 8:00 p.m. October 8 STMA Ice Arena Board, 6:00 p.m. October 9 Planning Commission, 7:00 p.m. October 15 Depot Dedication, 6:00 p.m. City Council, 7:00 p.m. October 22 Joint Powers Water Board, 6:00 p.m. Parks Committee, 7:00 p.m. October Joint Governance Meeting, TBD November 5 City Council, 7:00 p.m. November 12 City Offices Closed, Veterans Day (observed) November 13 STMA Ice Arena Bvoard, 6:00 p.m. Planning Commission, 7:00 p.m. November 19 City Council, 7:00 p.m. November 24/25 City Offices/Public Works Closed, Thanksgiving November 26 Joint Powers Water Board, 6:00 p.m. Parks Committee, 7:00 p.m. Agenda Page 2 City of Albertville Council Agenda Monday, October 1, 2018 Page 3 of 3 P:\City Council\Council Agendas\2018 Agenda Packets\2018-10-01 City Council Agenda.docx Meeting Date: March 6, 2017 OCTOBER NOVEMBER Su M Tu W Th F Sa Su M Tu W Th F Sa CC 1 2 3 FB4 5 6 1 2 3 7 Ice 8 PC9 10 11 12 13 4 CC 5 6 7 8 9 10 14 CC 15 16 17 18 19 20 11 H 12 PC13ICE 14 15 16 17 21 JP22PK 23 24 25 26 27 18 CC 19 20 21 H 22 H 23 24 28 JM 29 30 31 25 JP 26 27 28 29 30 10. Adjournment Agenda Page 3 Page 1 ALBERTVILLE CITY COUNCIL Monday, September 17, 2018 DRAFT MINUTES ALBERTVILLE CITY HALL 7:00 PM 1. CALL TO ORDER - PLEDGE OF ALLEGIANCE Acting Mayor Vetsch called the meeting to order at 7:00 p.m. 2. ROLL CALL Present: Acting Mayor Vetsch and Council members Cocking, Hudson, and Olson Absent: Mayor Hendrickson Staff Present: City Administrator-PWD Adam Nafstad, City Attorney Mike Couri, and Fire Chief Eric Bullen Others Present: Commissioner Michael Potter 3. RECOGNITIONS – PRESENTATIONS – INTRODUCTIONS A. Update from Wright County Commissioner Potter Commissioner Potter reported that the new Justice Center is under construction and they expect it to open in 2020. There has also been discussion of a new administration building, as the current building was originally built in 1959. He also gave the numbers to either fix the building or build brand new. He stated that the County will also be constructing a new shooting range which will comply with FBI specifications. The new range will allow the Sheriff’s Office to work and train closely with the MN FBI agents. It will also serve as the Emergency Operations Center . Potter reported that the tax base in Wright County has hit all-time record high. The sales tax increase has already brought in over $5 million for transportation improvements. He also reported the increase to Wright County’s levy is approximately 17.13% as of right now and they worked hard to get it down to that. Potter reported that the Sheriff’s Office is now fully staffed, as that has been an issue in past years. B. Albertville Royal Court Alyssa Gallagher, Albertville Royalty Committee member, was present at the meeting. Junior Commodores Hunter Schultz and Noah Mesna, Junior Misses Faith Funk and Mia Lindenfelser, and Princess Stella Leuer, and Miss Albertville Grace Braegelman introduced themselves and stated their Agenda Page 4DRAFT City Council Meeting Minutes Page 2 Regular Meeting of September 17, 2018 favorite event they have attended so far. Gallagher stated they are very proud of Haley Rogers, the previous Miss Albertville, who was just crowned 2019 Aquatennial Queen of the Lakes. Rogers attended over 400 events as Miss Albertville and she will represent Albertville well. Gallagher stated that this is a huge accomplishment and Rogers will travel around the state representing the Albertville community. She invited Council to attend a Homecoming event for Rogers on October 7. 4. PUBLIC FORUM There was no one present for the forum. 5. AMENDMENTS TO THE AGENDA Nafstad added Westwind Park Equipment Installation as Item C2. Motioned by Olson, seconded by Cocking, to approve the Agenda as amended. Ayes: Vetsch, Cocking, Hudson, and Olson. Nays: None. Absent: Hendrickson. MOTION DECLARED CARRIED. 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 Tuesday, September 4, 2018 regular City Council meeting minutes as presented B. Authorize the Monday, September 17, 2018 payment of claims as presented, except bills specifically pulled which are passed by separate motion. The claims listing has been provided to City Council as a separate document and is available for public view at City Hall upon request C. Approve an Off-Sale 3.2% Malt Liquor License for Northern Tier Retail, LLC for the premises located at 11044 61st Street NE contingent upon receipt of complete application materials, successful results of background checks, and compliance with all building and fire codes Motioned by Olson, seconded by Cocking, to approve the Consent Agenda as presented. Ayes: Vetsch, Cocking, Hudson and Olson. Nays: None. Absent: Hendrickson. MOTION DECLARED CARRIED. 7. Public Hearings 1). Karston Cove 5th Addition Drainage and Utility Easement Vacation Couri reported that all easements were previously vacated except those in the Karston Cove 1st Addition plat. These easements are now outdated as variations have occurred to the wetlands over the years. Vetsch opened the public hearing. Agenda Page 5DRAFT City Council Meeting Minutes Page 3 Regular Meeting of September 17, 2018 Potter had concerns about platting land as an outlot; specifically that if an outlot is not developed, often times it goes tax forfeit and costs the county money to deal with it. Couri explained that deadlines were written in the development agreement for the developer to come forward with plans and that is how they would address any future such scenarios. Motioned by Cocking, seconded by Hudson, to close the public hearing. Ayes: Vetsch, Cocking, Hudson, and Olson. Nays: None. Absent: Hendrickson. MOTION DECLARED CARRIED. Motioned by Cocking, seconded by Hudson, to Approve Resolution 2018-027 Vacating Drainage and Utility Easements Within Karston Cove 4th Addition in the City of Albertville. Ayes: Vetsch, Cocking, Hudson, and Olson. Nays: None. Absent: Hendrickson. MOTION DECLARED CARRIED. 8. Department Business A. City Council 1). Committee Updates Hudson reported that the board had discussed possible changes to the advertising budget. Specifically, if it should move to a percentage of sales rather than a flat amount. Cocking inquired if there were concerns from the STMA Youth Hockey Association that is responsible for the advertising sales and Hudson replied they seemed to be satisfied. Vetsch felt the dynamics may change once the second sheet is in operation. B. Planning/Zoning 1). Conditional Use Permit for Second Accessory Structure Exceeding 150 Square Feet for Troy Crank, 4924 Kassel Ave NE Brixius reported the request for a secondary accessory structure exceeds two different size limits that apply in the R1-A zoning district. This would require a conditional use permit (CUP). Brixius stated that the lot in question is rather large and there are no neighbors to the east. He reported the Planning Commission held a public hearing and ultimately recommended approval. Cocking inquired if other lots in the neighborhood are similar in size. Brixius reported they are and approval could prompt more requests for similar accessory structures. Olson inquired what would happen if the CUP was approved, but it violated the covenants of the development. Couri responded the city had removed language in the code that stated any application would not be approved if it violated covenants. This was done as the covenants aren’t put in place by the city, but by the homeowners association (HOA) and it would be other property owner's responsibility to enforce. Olson felt the lot size is sufficient and the location of the second building is decent. Motioned by Olson, seconded by Hudson, to adopt Resolution Number 2018-028 approving the Conditional Use Permit for Troy Crank with conditions. Ayes: Vetsch, Cocking, Hudson, and Olson. Nays: None. Absent: Hendrickson. MOTION DECLARED CARRIED. Agenda Page 6DRAFT City Council Meeting Minutes Page 4 Regular Meeting of September 17, 2018 C. Public Works/Engineering 1). Westwind Park Gazebo - Verbal Motioned by Cocking, seconded by Olson, to approve contract for construction of a gazebo for Westwind Park not to exceed $20,000. Ayes: Vetsch, Cocking, Hudson, and Vetsch. Nays: None. Absent: Hendrickson. MOTION DECLARED CARRIED. 2). Westwind Park Equipment Installation Nafstad reported that the playground has been purchased and now needs to be installed at Westwind Park. He stated the installation would be too much to do in house, so he received a quote for $32,750 for the installation. He believes installation could begin the week of October 8. Motioned by Hudson, seconded by Olson to approve the installation of play equipment at Westwind Park for an amount not to exceed $32, 750. Ayes: Vetsch, Cocking, Hudson, and Olson. Nays: None. Absent: Hendrickson. MOTION DECLARED CARRIED. D. Finance 1). 2019 Preliminary Budget Lannes reported the levy was increased to a 2.99% increase as directed by the Council at the previous meeting. She also reported that she received the tax capacity number from the county and it went down for residential properties. Motioned by Cocking, seconded by Hudson, to Adopt Resolution 2018-029 setting the 2018 Tax Levy Collectible in 2019. Ayes: Vetsch, Cocking, Hudson, and Olson. Nays: None. Absent: Hendrickson. MOTION DECLARED CARRIED. Motioned by Hudson, seconded by Olson, to Adopt Resolution 2018-030 setting the 2019 Preliminary Budget. Ayes: Vetsch, Cocking, Hudson, and Vetsch. Nays: None. Absent: Hendrickson. MOTION DECLARED CARRIED. E. Fire 1). Fire Capital Apparatus Purchase Agreement Nafstad stated there is a proposal to purchase a pumper and a ladder truck through HGAC. He stated the total cost would be approximately $1.7 million before discounts are applied. There is $37,000 multi-unit discount and trade in value of the current engine and ladder trucks is $190,000. It would be one year before delivery of the vehicles, but the contract must be signed by September 30, 2018 in order to receive the discounts. Olson inquired about the number of years of payback there would be and Nafstad stated that Council will need to decide before 2020 and they can discuss during the 2020 budget discussions next year. Motioned by Cocking, seconded by Olson, to Authorize the City of Albertville to enter into an HGAC Purchase Agreement with Macqueen Emergency Group for a Pierce Impel Pumper and a Pierce Impel 110’ Ascendant, conditioned on contract review by City Attorney. Ayes: Vetsch, Cocking, Hudson, and Olson. Nays: None. Absent: Hendrickson. MOTION DECLARED CARRIED. Agenda Page 7DRAFT City Council Meeting Minutes Page 5 Regular Meeting of September 17, 2018 F. City Clerk – None G. Building – None H. Legal - None I. Administration 1). Administrative Assistant Employment Offer Nafstad reported that this position was formerly a permanent part-time position. The job description was amended to provide back up support to the Building Department and other office tasks. The position will now be full-time. Staff held interviews and recommends Amy Jones be hired for the position. Motioned by Cocking, seconded by Vetsch, to Appoint Amy Jones to the full-time positon of Administrative Assistant, Building Department, at a starting wage of $18.55 per hour with a one- step increase upon passing the probationary period performance review. Ayes: Vetsch, Cocking, Hudson, and Olson. Nays: None. Absent: Hendrickson. MOTION DECLARED CARRIED. 2). Purchase Agreement for Barthel Property Nafstad reported they have come to an agreement with the Barthels' to purchase their property for use as additional park land for Central Park. The offer is for $175,000 and the house appraised at a higher valuation than originally anticipated. Cocking stated he struggles to see that this would be the best utilization of tax dollars and an appropriate expenditure of public funds. He felt the city’s primary role is to provide essential services. Olson agreed and really would like to see the agreement go hand in hand with a purchase agreement for the other land (dance studio) needed to realign 58th Street NE. Couri replied that the Barthel agreement is contingent upon that. Nafstad reported that it would be a fall closing within 60 days of signing the agreement. Cocking inquired about the timing of the other improvement elements to Central Park. Nafstad stated that 58th Street NE would not occur in 2019. The Council questioned if the purchase was priority for the Parks Committee. Brixius replied that the committee did identify it as the first step to all Central Park improvements. Hudson stated that he is not sold that this is the right use of funds. Vetsch stated that the role of the Parks Committee is to improve parks within the city. Hudson felt is a subjective value and is not the same as providing water or fire aid. Cocking inquired if they should table the item to the next meeting when the mayor is present, as it appears it could be a tie vote this evening and he knows the mayor feels strongly about this topic. Motioned by Cocking to table the item. Agenda Page 8DRAFT City Council Meeting Minutes Page 6 Regular Meeting of September 17, 2018 Vetsch would like to vote, so they don’t waste the Barthels' time. Olson inquired about park dedication funds and Lannes reported that the funds are earmarked already. Vetsch inquired about the excess capital from last year and Lannes replied that it could be transferred out of the general fund. Nafstad also reported that the auditor’s expect excess revenue this year as well. Hudson felt the purchase is a question not of fair market price but whether this is right window of opportunity. Brixius stated that it is fact that Central Park has become a major event center. The Albertville Lions events and concerts draw hundreds, if not thousands of visitors. He stated there is a master plan for the park the same as there is a plan to improve the city’s transportation infrastructure network. Olson could see valid points on both sides. Hudson stated that there is no identified specific use for the land. Couri offered an example of what the city did when acquiring land for the new city hall. He reported that at the time the city bought the land, he felt it may not have been a good idea and was too much money. However, looking back now, it was a smart decision because if the city hadn’t acquired the land, the new building would never have been built. It changed his view and it is a lot harder to look back and wish the land had been purchased back when there was an opportunity. Cocking stated that if this is a time sensitive issue, he would consider his vote to a yes. Hudson agreed. Cocking withdrew his motion to table the item. Motioned by Hudson, seconded by Olson, to approve purchase agreement for Mark and Diane Barthels’ property. Ayes: Vetsch, Cocking, Hudson, and Olson. Nays: None. Absent: Hendrickson. MOTION DECLARED CARRIED. 3). Easement Purchase Agreement for Wastewater Treatment Plant Discharge Line to Mississippi River Nafstad stated that this agreement is for an additional strip of land needed for the discharge pipe and is contingent upon Riverwood signing their purchase agreement and receiving the appropriate approvals from the City of Otsego. Motioned Olson, seconded by Cocking, to Approve Purchase Agreement with Stewart A. Turnquist for an easement for the Wastewater Treatment Plant discharge line to the Mississippi River. Ayes: Vetsch, Cocking, Hudson, and Olson. Nays: None. Absent: Hendrickson. MOTION DECLARED CARRIED. Agenda Page 9DRAFT City Council Meeting Minutes Page 7 Regular Meeting of September 17, 2018 4). City Administrator’s Update Nafstad reported that they will be conducting interviews for the Ice Arena Maintenance and Shift Supervisor position. Absentee voting will begin at the end of the week. An open house will be held tomorrow on the CSAH 37 improvements west of CSAH 19 scheduled for 2019. Nafstad reported there will be a dedication ceremony for the deport before the October 15 meeting. There is also a groundbreaking for I-94 improvements at the Albertville Premium Outlet Mall on October 12. Vetsch would like to see the city present something to previous Miss Albertville Haley Rogers . 9. Announcements and/or Upcoming Meetings September 24 Joint Powers Water Board, 6:00 p.m. Parks Committee, 7:00 p.m. October 1 City Council, 7:00 p.m. October 8 STMA Ice Arena Board, 6:00 p.m. October 9 Planning Commission, 7:00 p.m. October 15 City Council, 7:00 p.m. October 22 Joint Powers Water Board, 6:00 p.m. Parks Committee, 7:00 p.m. October 29 Joint Governance Meeting, TBD 10. ADJOURNMENT Motioned by Cocking, seconded by Hudson, to adjourn the meeting at 9:43 p.m. Ayes: Vetsch, Cocking, Hudson and Olson. Nays: None. Absent: Hendrickson. MOTION DECLARED CARRIED. Respectfully submitted, ___________________________________ Kimberly A. Hodena, City Clerk Agenda Page 10DRAFT Mayor and Council Request for Action P:\City Council\Council Packet Information\2018\100118\2018-10-01 Finance Bills Report (RCA).docx Meeting Date: October 1, 2018 September 27, 2018 SUBJECT: CONSENT - FINANCE – PAYMENT OF BILLS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Authorize the Monday, October, 1, 2018 payment of the claims as presented except the bills specifically pulled, which are passed by separate motion. The claims listing has been provided to Council as a separate document. The claims listing is available for public viewing at City Hall upon request. 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) and key issues will be presented in the claims listing document. 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. Responsible Person: Tina Lannes, Finance Director Submitted through: Adam Nafstad, City Administrator-PWD Attachment: List of Claims (under separate cover) Agenda Page 11 Mayor and Council Request for Action P:\City Council\Council Packet Information\2018\100118\Albertville - Samaritans Hill - RCA.docx Meeting Date: October 1, 2018 September 27, 2018 SUBJECT: PLANNING - CONDITIONAL USE PERMIT FOR AMENDING THE PUD TO ALLOW SAMARITAN’S HILL LUTHERAN CHURCH THE B-2A DISTRICT AT 6826 LAKETOWNE PLACE RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: MOTION TO: Adopt Resolution Number 2018-031 approving the Conditional Use Permit to amend the Shoppes of Towne Lakes to allow Samaritan’s Hill Lutheran Church the B-2A District at 6826 Laketowne Place NE. BACKGROUND: Samaritan’s Hill Lutheran Church is proposing to move into 6826 Laketowne Place, which is block 001 of the Shoppes at Towne Lakes 2nd Addition, a PUD. The site is partially developed, and the existing building shell encompasses approximately 5,000 square feet. The site is zoned B-2A Special District and was granted a PUD/CUP in November 2005 with Shoppes of Towne Lakes 2nd Addition Final Plat approval in March 2006. The applicant is proposing construction to the existing building, with primarily interior improvements. The interior improvements will divide the building, as illustrated by the floor plan, in the following fashion: a worship area (2,450 sq ft), Ken’s Closet/storage (102 sq ft), a storage closet (170 sq ft), open space for Sunday School/post-service fellowship (1,331 sq ft), restrooms (279 sq ft), and four offices (600 sq ft). The Church will include a Worship Area, Sunday School/post-service fellowship area, a lightly used clothing donation charity (Ken’s Closet), a space for Mothers of Pre-Schoolers programming, and an office for family and marriage counseling. KEY ISSUES: Within the B-2A District a religious use is not specifically listed as an allowed use. However, under the Religious Land Use and Institutionalized Persons Act (RLUIPA), religious and institutional uses cannot be discriminated against in a commercial zoning districts that allows other commercial assembly land uses. Within the B-2A zoning district, commercial assembly uses such as theaters and conference centers are permitted, as such the proposed church use will be treated in a like manner. • The building placement meets the setback requirements of the district. • The application provides opportunity to bring new attention to this area of the City and reinvestment and complete needed maintenance to the site. Putting a use in this building shell will give this underutilized site attention for site improvements, aesthetics and on-going maintenance. Agenda Page 12 Mayor and Council Request for Action – (October 1, 2018) Samaritan’s Hill Lutheran Church – 6826 Laketowne Place NE Page 2 of 2 P:\City Council\Council Packet Information\2018\100118\Albertville - Samaritans Hill - RCA.docx Meeting Date: October 1, 2018 • As stated above, the applicant is proposing minimal construction to the existing building, with primarily interior improvements. The worship area can seat 75 to 125 people. If the congregation grows, the applicant will add service time. • Beyond the church site, street repair improvements need to be completed within the balance of the Shoppes of Towne Lakes 2nd Addition lots to ensure safe access to the site. This includes street repair outside of the lot and repairs to a stormwater culvert. Additionally, the property owner of the balance of Shoppes of Towne Lakes must install “No Overnight” parking signs to all developed parking lots in the PUD. • The site offers adequate parking for the proposed Church size and operations. The applicant will be required to install a second lift on pavement over the parking lot and stripe the lot to meet the city standards. POLICY CONSIDERATIONS: The site plan and building plan were reviewed by the Planning Commission at their regularly scheduled meeting on September 11, 2018. The Commission recommended that the City Council approve the Conditional Use Permit to amend the PUD. FINANCIAL CONSIDERATIONS: There are no financial issues related to the site and building plan. The applicant shall be responsible for all costs associated with any enforcement related to the site and building plans. LEGAL CONSIDERATIONS: In accordance with Council procedures, the Mayor and Council have the authority to approve the site and building plans, which requires a majority vote of the City Council. Responsible Person/Department: Alan Brixius, City Planner Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: Resolution 2018-2018-031 (handout at meeting) Planning Report dated July 3, 2018 Floor Plan Agenda Page 13 MEMORANDUM TO: Adam Nafstad FROM: Maureen Hoffman / Alan Brixius DATE: July 3, 2018 RE: Albertville – Samaritan’s Hill Lutheran Church FILE NO: 163.06 – 18.09 BACKGROUND Samaritan’s Hill Lutheran Church is proposing to move into 6826 Laketowne Place, which is block 001 of the Shoppes at Towne Lakes 2nd Addition, a PUD. The site is partially developed, and the existing building encompasses approximately 5,000 square feet. The site is zoned B-2A Special District and was granted a PUD/CUP in November 2005 with Shoppes of Towne Lakes 2nd Addition Final Plat approval in March 2006. This plat was partially developed at the time, but never completed. This building site and the balance of the vacant lots have fallen into unmanaged conditions. This application provides opportunity to bring new attention to this area of the City. Within the B-2A District a religious use is not specifically listed as an allowed use. However, under the Religious Land Use and Institutionalized Persons Act 2000 (RLUIPA); religious and institutional uses cannot be discriminated against in a commercial zoning district that allows other commercial assembly land uses. As such the proposed Church is an allowed use in the B-2A district. The applicant is proposing minimal construction to the existing building, with primarily interior improvements. The interior improvements will divide the building, as illustrated by the floor plan, in the following fashion: a worship area (2,450 sq ft), Ken’s Closet/storage (102 sq ft), a storage closet (170 sq ft), open space for Sunday School/post-service fellowship (1,331 sq ft), restrooms (279 sq ft), and four offices (600 sq ft). The Church will include a Worship Area, Sunday School/post-service fellowship area, a lightly used clothing donation charity (Ken’s Closet), a space for Mothers of Pre-schoolers programming, and an office for family and marriage counseling. The worship area will seat 75 to 125 people. If the congregation grows, the applicant will add service times. Agenda Page 14 2 For the applicant to receive approval for the conditional use for amending the PUD to allow this occupancy the application must be processed through the Planning Commission and approved by the City Council. Attached for reference: Exhibit A: Original site plan Exhibit B: Aerial photo of site Exhibit C: Applicant narrative Exhibit D: Floor plan Exhibit E: Photographs of landscaping Exhibit F: Photographs of necessary street repair ISSUES AND ANALYSIS Zoning. The site is zoned B-2A District with a conditional use PUD overlay. Changes from the original PUD requires a CUP/PUD amendment. The B-2A District allows commercial uses such as theaters, conference centers, and alike. Under RLUIPA, religious institutions shall be treated in the same measure. The proposed Church will be treated as an allowed use. Lot Requirements and Setbacks. The religious institution must meet the minimum lot size and setback requirements of the respective B-2A District. B-2A District Required Setbacks (front) 35 feet Setbacks (side – north)* 10 feet Setbacks (side – south)* 10 feet Setbacks (rear) 20 feet Comment: The existing building was created as part of the PUD and meets all required lot size and setbacks. Parking. The Albertville Zoning Code requires at least one space for each four seats in the main assembly hall. The original PUD allows shared parking with the entire Shoppes of Towne Lakes development. (Parcels: 101099001050, 101099001060, 101099001030) Comment: The applicant has stated the worship area will seat from 75 to 125 people. The applicant is still receiving bids for the parking lot striping and second wear course coating. The original site plan shows the site has 72 stalls, two of which are handicap accessible. This exceeds the maximum requirements outlined in the City Code. Parking Stalls Maximum Required 35 Agenda Page 15 3 The parking lot pavement has deteriorated and requires a second coarse coating. The applicant shall address the parking lot wear with a second coarse and submit a parking plan outlining the striping to be completed for the lot to obtain approval. Loading. There will be off-street loading space. The conditional PUD may mitigate this requirement. Comment: The applicant has stated the church will contain Ken’s Closet, a place where families that have clothing needs are able to come and select needed items for free of charge. The service will be limited to clothing and shoes, no furniture, electronics, tools, etc. will be accepted. Ken’s Closet will operate via social media, with the inventory posted online. The applicant stated that those who have the need will come to the site to pick up the items, or the items will be delivered. The applicant shall provide commentary on how donations will be handled to ensure after hours donations do not occur without a proper outdoor depository. The applicant shall provide commentary on the types of vehicles that will be making donations. Applicant shall designate a parking stall close to the main entrance to be used specifically for clothing donations drop-off and pick-up. Landscape Plan. A landscape plan for the PUD was approved in 2005. Landscape conditions have since deteriorated (Exhibit E). The applicant shall provide a narrative of maintenance that will be performed including: mulching, weeding, pruning, removal/replacement of dead shrubs, replanting shrubs, and re-establishing turf. Lighting. The photovoltaic plan for the PUD was previously approved. Any new lighting the applicant wishes to install must meet updated City Code. Trash Enclosure. The existing building has an approved outdoor trash enclosure location. The applicant has stated that there is currently no need for an outdoor trash enclosure. The trash will be stored inside the building and put out each week for residential pickup. The applicant shall notify the city when the outdoor garbage container is required. Basement. The building has a basement. It is unknown how the basement space will be utilized. To fully understand how the facility will be utilized we require a description of how the space will be employed. Mechanical Equipment. The applicant shall submit the location and screening plans for all outdoor mechanical equipment, ground mounted and or rooftop. Offsite Conditions. Beyond the church site, street repair improvements need to be completed within the balance of the Shoppes of Towne Lakes 2nd Addition lots to ensure safe access to the site. This includes street repair outside of the lot (Exhibit F) and repairs to a stormwater culvert. Additionally, the property owner of the balance of Shoppes of Towne Lakes must install “No Overnight” parking signs to all developed parking lots in the PUD. Agenda Page 16 4 CONCLUSION The proposed use is allowed under the Religious Land Use and Institutionalized Persons Act because the zoning district B-2A allows other commercial assembly. The building has been vacant, and the City would welcome the new use. However, beyond the church site improvements must be made to the roads of the balance of Shoppes at Towne Lakes to ensure safe access to the Church site. We offer the review comments and request additional information on the following from the applicant and property owner: 1. The owner of the balance of Shoppes at Towne Lakes will perform necessary street repair and maintenance on the stormwater culvert. Additionally, the owner shall install “No Overnight” parking signs on all developed lots in the PUD. 2. The site’s landscaping needs to be upgraded to current City standards including: weeding, mulching, re-establishment of turf, and pruning/replacement of shrubs. The applicant must provide a narrative on how and what maintenance will be performed. 3. A parking plan must include installing the second wear course of pavement, striping, stalls, striping of disability stalls, and a designated area for clothing drop- off and loading. It is required the applicant will address the parking deterioration with a second coarse paving. 4. The applicant will provide a narrative on how the Church will handle clothing drop- offs to ensure the outside area does not become unsightly. They will also include the anticipated type of vehicle that will be performing loading and unloading. 5. The building includes a basement. We would like a description of how the basement will be utilized by the applicant. 6. The applicant shall submit a plan of the location of ground mounted, and or, roof mounted mechanical equipment and include screening plans. CC. Stephen Upgren Paul Heins Maeghan Becker Kim Hodea Randy Lowe, Samaritan Hill Lutheran Church. Agenda Page 17 Agenda Page 18 Agenda Page 19 Agenda Page 20 Agenda Page 21 Agenda Page 22 Agenda Page 23 Agenda Page 24 Meeting Date: 10/1/2018 P:\City Council\Council Packet Information\2018\100118\Bus RCA - Word.doc Mayor and Council Communication September 25, 2018 SUBJECT: PLANNING – CONSIDER AN AMENDMENT TO ALBERTVILLE ZONING ORDINANCE SECTION 200, RULES AND DEFINITIONS AND SECTION 1000.15, OUTSIDE STORAGE, RESIDENTIAL, COMMERCIAL AND INDUSTRIAL USE RECOMMENDATION: It is respectfully requested that the Mayor and Council give direction to staff as to the following amendments to the city’s zoning code. BACKGROUND: Albertville City Code allows for residents to keep recreational vehicles in the front, side and rear yards of their residential properties. However, the city has received complaints regarding a property at 10626 Karston Ave, where the owner is converting a school bus for recreational use. The property owner has licensed the vehicle with the state as a recreational vehicle. In response to complaints regarding the storage of this vehicle in a residential district, the city is examining potential amendments to both its definitions of a recreational vehicle, and the requirements regarding their outdoor storage on private property. KEY ISSUES: • By amending the definitions of a recreational vehicle in the city’s zoning code, the city can have greater control over the types of vehicles which can be stored on private property. By removing manufactured homes and converted vehicles, the city may narrow the range of allowed recreational vehicles. However, in Minnesota State Statute 168.002, the state includes in its definition of recreational vehicles converted buses. • Within the definitions for recreational vehicles, no size limitations are placed on the recreational vehicles except for manufactured homes. There is no regulation on the size of stored recreational vehicles in a residential district. The city can examine whether to put size limits for vehicles stored in residential districts. • Consistency should be established between the front, side, and rear yard storage requirements for which city officials should be reviewing the site for erosion prevention measures. Staff is recommending this review be conducted by the City Engineer. • Screening could be considered as a method of mitigating the aesthetic impact of these vehicles in side and rear yards, but current ordinance only allows for fences of 6’ or less in residential zoning districts. Council would need to define the appropriate level and design of screening for outdoor recreational vehicle storage purposes. • Requiring a paved or gravel parking pad in the rear yard should more than likely be optional. While effective at mitigating erosion, paved areas could impede reasonable use of the backyard. Agenda Page 25 Meeting Date: 10/1/2018 P:\City Council\Council Packet Information\2018\100118\Bus RCA - Word.doc Mayor and Council Communication– October 1, 2018 Outdoor Storage of Recreational Vehicles Page 2 of 2 POLICY/PRACTICES CONSIDERATIONS: The city has within its abilities, the ability to repeal or revise ordinance language to disallow converted buses and other uses such as manufactured homes and house cars. The question to be addressed: do converted buses present issues different from the storage of other large recreational vehicles, trailers, boats, within a residential district that justify them being excluded from the permitted outdoor storage ordinance? FINANCIAL CONSIDERATIONS: The cost of processing the ordinance amendments decided upon. LEGAL CONSIDERATIONS: The City Council may amend zoning ordinance in order to address land use issues in the City. Changing the definitions of what constitutes a recreational vehicle could bring this definition into conflict with the state’s definition of recreational vehicle used for licensing and registering vehicles. Responsible Person/Department: Alan Brixius, City Planner Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: Exhibit A: Recreational Vehicle Definitions Exhibit B: Revised Language and Recommendations Exhibit C: Standard RV Size Comparison CC: Mike Couri Agenda Page 26 Exhibit A Minnesota State Statute 168.002 Subd. 27. Recreational vehicle. (a) "Recreational vehicle" means travel trailers including those that telescope or fold down, chassis-mounted campers, motor homes, tent trailers, and converted buses that provide temporary human living quarters. (b) "Recreational vehicle" is a vehicle that: (1) is not used as the residence of the owner or occupant; (2) is used while engaged in recreational or vacation activities; and (3) is either self-propelled or towed on the highways incidental to the recreational or vacation activities. Definitions from Section 200.2 of Albertville Zoning Ordinance ORIGINAL RECREATIONAL VEHICLE: Includes, without limitation, the following, provided the same are operable and licensed (as required by the state) to the property owner or resident of the premises where stored: manufactured homes less than thirty five feet (35') in overall length, including those which telescope or fold down; chassis mounted campers, house cars, motor homes, tent trailers, slip-in campers (those mounted in a pickup truck or similar vehicle), converted buses, converted vans used primarily for recreational purposes; snowmobiles, boats/watercraft, all-terrain vehicles and any nonmotorized trailer that transports recreational vehicles such as boats and snowmobiles. A boat, snowmobile or other recreational vehicle, when stored or kept on a trailer, shall be considered one "recreational vehicle". A "recreational vehicle" does not include cars used for racing, off road use or demolition derby. REVISED RECREATIONAL VEHICLE: Includes, without limitation, the following, provided the same are operable and licensed (as required by the state) to the property owner or resident of the premises where stored: motor homes and travel trailers manufactured homes less than thirty five feet (35') in overall length, including those which telescope or fold down; chassis mounted campers, house cars, motor homes, tent trailers, slip-in campers (those mounted in a pickup truck or similar vehicle), converted buses, converted vans used primarily for recreational purposes; snowmobiles, boats/watercraft, all-terrain vehicles and any nonmotorized trailer that transports recreational vehicles such as boats and snowmobiles. A boat, snowmobile or other recreational vehicle, when stored or kept on a trailer, shall be considered one "recreational vehicle". A "recreational vehicle" does not include cars used for racing, off road use or demolition derby. Non-motorized utility trailers may be considered similar to other recreational vehicles in regards to outdoor storage standards, given their common Agenda Page 27 Exhibit A nature in the city. Agenda Page 28 Exhibit B 1000.15: OUTSIDE STORAGE, RESIDENTIAL, COMMERCIAL AND INDUSTRIAL USES: A. All outside storage of materials and equipment for residential uses (excluding farms) shall be stored within a building or fully screened so as not to be visible from adjoining properties, except for the following: … 2. Not more than two (2) recreational vehicles*, subject to the following conditions: * Here the city could also set a limit on the size of recreational vehicles allowed to be stored outdoors in recreational districts. A 12’ max on height would allow for most Class B and C motor homes, but not all Class A bus style motor homes and other converted buses. Length should not exceed 35’. a. Front yard storage: (1) All permitted recreational vehicle storage must be on a driveway or paved surface. (2) All permitted recreational vehicle storage must be set back at least fifteen feet (15') from the back of the curb and may not extend into any sidewalk area. (3) Permitted recreational vehicle storage shall not interfere with stormwater drainage or be located over an existing utility and may be subject to the review and approval of the zoning administrator.* * For consistency, review and approval should come from the City Engineer in all cases of stormwater impacts of outdoor recreational vehicle storage. b. Side yard storage: (1) All permitted recreational vehicle storage must be on an area surfaced with asphalt, concrete or crushed rock with a border that prevents erosion. (2) All permitted recreational vehicle storage must be set back at least two feet (2') from the property line.* *Setbacks could be increased to be comparable with the setback requirements for accessory structures. This would mean that minimum setbacks would be 10’ which would better preserve space between properties and cause less sightline interference overall. Note though that this change would eliminate side yard storage of outdoor vehicles in between principal buildings and side lot lines in many cases. (3) Outdoor storage pads may be constructed within public utility and drainage easements provided that: (A) Permitted recreational vehicle or trailer storage shall not interfere with stormwater drainage or divert stormwater to neighboring properties. (B) No parking pad shall be located within a drainage or utility easement without written permission of the city engineer. Agenda Page 29 Exhibit B (C) Removal of a parking pad or a portion thereof for the purpose of utilizing an established drainage and utility easement shall be at the property owner's expense and will not be replaced by the city. (4) On a corner lot, all permitted recreational vehicle storage must be set back at least twenty feet (20') from the property line abutting a street right of way. c. Rear yard storage: (1) All permitted recreational vehicle storage must be set back at least five feet (5') from the rear lot line and five feet (5') from the side lot line(s) if not on a paved surface.* *Similar to with the side yard setback, setbacks could be increased to match the existing setback requirements for accessory structures, 10 feet. No difference in setback based upon whether or not a paver pad is present. (2) Permitted recreational vehicle storage shall not interfere with stormwater drainage or be located over an existing utility and may be subject to the review and approval of the zoning administrator.* *Review and approval to be conducted by the City Engineer Other Options • Screening could be made a requirement with either rear and/or side yard storage of recreational vehicles. The challenge would be that most of these vehicles are ten or more feet in height, which would exceed the maximum size fence allowed in residential districts. One possibility would be to require natural screening conditions such as landscaping materials and berms. Another consideration is to what percentage the screening mut be opaque. Staff would recommend a minimum of 80% opacity in order to best remove stored property from adjoining property’s and street’s sightlines. • Paved or gravel pads could create issues in rear yards, and it isn’t clear if a paved drive would be a required component of erosion control. These should remain optional in rear yards to preserve grassy recreation and utility space. Agenda Page 30 Exhibit C Agenda Page 31 City Administrator’s Update September 27, 2018 GENERAL ADMINISTRATION I-94 Funding: MnDOT selected the full St. Michael to Albertville Expansion Project as one of their Federal BUILD Grant candidates. If selected, this would provide additional funds to complete the added lanes between CR 19 and CR 37, as well as replacement of the CR 19 bridge. Ice Arena Shift Supervisor: An offer has been extended and this is included on the agenda. Absentee Voting: Absentee voting for the General Election began on September 21 and will be available through November 5. Voting is during City Hall hours and City Hall will also be open on Saturday, November 3, from 10:00 a.m. to 3:00 p.m. There is no excuse needed to vote by absentee ballot. CGI Video Tour: The custom videos documenting the Albertville community on our web page are being revamped. Staff has completed work on the script and shoot locations. The videographer is scheduled in late September/early October and staff anticipates edited and reviewed videos will be up by mid-November. ENGINEERING/PUBLIC WORKS Westwind Park Improvements: 70th Street (West of CSAH19): Staff from Albertville and Otsego are working with MnRoad to see if there is a possibility to partner on a project to improve the 1 mile segment of 70th between Kadler and CSAH 19. The concept includes the two cities building a half mile segment as an urban three lane road and MnRoad building a half mile segment as a rural two lane road using modern-day recycling processes and monitoring the performance of the segment. CSAH 37 (West of CR 19): The County is starting the preliminary design of the CSAH 37 improvements scheduled for 2019. A public open house was held on September 18. CSAH 19 and CSAH 38 (70th Street): We are working with the Mall to possibly extend the project further south to improve the signal and add turn lanes in and out of the Mall. Upcoming Events: September 26-27 - Federal Lobbying for BUILD grant October 12 – I-94 Coalition’s St. Michael to Albertville Groundbreaking Event, 10:00 to 11:00 am at the Albertville Premium Outlets East parking lot. Agenda Page 32 City Administrator’s Update Page 2 of 2 September 27, 2018 October 15 (tentative) – Dedication Event for Depot. To be held at 6:00 pm prior to regular city council meeting. Attachments: Agenda Page 33