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2019-06-03 City Council Agenda Packet
lbcrtvijje Small living. flfg life. City of Albertville Council Agenda Monday, June 3, 2019 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. 1. Call to Order 2. Pledge of Allegiance — Roll Call 3. Recognitions — Presentations — Introductions A. Albertville Royalty B. Albert Barthel Recognition C. Scherer Brothers/Border States Electric Recognition 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 May 20, 2019 regular City Council meeting minutes as presented (pgs 4- 11) B. Authorize the Monday, June 3, 2019 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 12) C. Approve the closure of Main Avenue NE south of railroad tracks to 581h Street NE, 58th Street NE to Lander Avenue NE, and Lander Avenue NE to 57th Street (pg 13) 7. Public Hearings — None 8. Department Business A. City Council P:ACity Council\Council Agendas\2019 Agenda Packets\2019-06-03 City Council Agenda.docx Meeting Date: June 3, 2019 Agenda Page 1 City of Albertville Council Agenda Monday, June 3, 2019 Page 2 of 3 1). Committee Updates (STMA Ice Arena, Planning, JPRV, Parks, Fire Board, FYCC, etc.) A. Planning/Zoning 1). Stangler Property Rezoning, located at 6737 LaBeaux Ave NE, from B2A to PUD (pgs 14-44) (Motion to approve Ordinance 2019-XXAmending the Official Zoning Map of the City of Albertville, Relating to the Stangler Property Located At 6737 Labeaux Avenue in the City of Albertville.) B. Public Works/Engineering 1). Swimming Pool Fences (pgs 45) 2). Driveway and Sanitary Sewer Assessments (pgs 46) (Motion to Authorized staff to enter into a Special Assessment Agreement with the property owners of 10271 Karston Avenue NE for repairs to utility services and driveway improvements for an amount not to exceed $9,500.) 3). Request by Jack Brandes to Construct A Driveway Over Sewer and Water Services at 11588 Laketowne View NE (pgs 47-59) Motion to approve the request to allow Lot 3, Block 7 to be developed with the garage on the east side of the lot and allolving the water and sewer services to be under the driveway based on OR Motion to deny the request to allow Lot 3, Block 7 be developed with the garage on the east side of the lot and the water and sewer services under the driveway based on a finding that the request is not consistent with the approved development plans for the lot and is inconsistent with city policy and practice. C. Fire 1). Purchase of 8 Sets of Fire Turnout Gear (pgs 60-61) (Motion to authorize the purchase of 8 sets of turnout gear for the Fire Department.) D. City Clerk 1). Cancellation of July 1, 2019 City Council Meeting (Motion to the cancel the regularly scheduled City Council meeting ofJuly 1, 2019.) E. Finance — None F. Building — None G. Legal —None P:ACity Council\Council Agendas\2019 Agenda Packets\2019-06-03 City Council Agenda.docx Meeting Date: June 3, 2019 Agenda Page 2 City of Albertville Council Agenda Monday, June 3, 2019 Page 3 of 3 H. Administration 1). City Administrator's Update — Verbal Update 9. Announcements and/or Upcoming Meetings June 5-9 Albertville Friendly City Days June 7 Social Hour, 5:00 p.m., Depot June 10 STMA Arena Board, 6:00 p.m. June I I Planning Commission, TBD June 17 City Council, 7:00 p.m. June 24 Joint Powers Water Board, 6:00 p.m. Parks Committee/Centennial Planning, 7:00 p.m. July 1 City Council, TBD July 4 City Offices Closed, Independence Day July 8 STMA Ice Arena Board, 6:00 p.m. July 9 Planning Commission, 7:00 p.m. July 15 City Council, 7:00 p.m July 17 Fire Advisory Committee, 6:00 p.m. July 22 Joint Powers Water Board, 6:00 p.m. Parks Committee/Centennial Planning, 7:00 p.m. JUN Su M Tu W Th F Sa 1 2 cc 3 4 AF D 5 AF D AF D AF D 8 c 9 Ice 10 0F19 2 13 14 15 16 cc 17 18 20 21 22 23 PK24 JP 25 26 27 28 29 30 10. Adjournment JULY Su M Tu W Th F Sa 1 CC 2 3 "4 5 6 7 Ice 8 Pc9 10 F1111 12 13 14 cc 15 16 18 19 20 21 PK22JP 23 24 25 26 27 28 29 30 31 P:ACity Council\Council Agendas\2019 Agenda Packets\2019-06-03 City Council Agenda.docx Meeting Date: June 3, 2019 Agenda Page 3 Nbcrtville Sn-N Town Wag. Big CRy IBt. ALBERTVILLE CITY COUNCIL Monday, May 20, 2019 DRAFT MINUTES ALBERTVILLE CITY HALL 1. CALL TO ORDER - PLEDGE OF ALLEGIANCE Acting Mayor Vetsch called the meeting to order at 7:01p.m. 2. ROLL CALL Present: Acting Mayor Vetsch and Councilmembers Cocking and Olson Absent: Mayor Hendrickson and Councilmember Rebecca Halling 7:00 PM Staff Present: City Administrator-PWD Adam Nafstad, City Attorney Mike Couri, City Planner Alan Brixius, Water/Wastewater Supervisor John Middendorf and City Clerk Kimberly Hodena Others Present: Wright County Commissioner Michael Potter, Lauryn White, Steve Hinkemeyer 3. RECOGNITIONS — PRESENTATIONS — INTRODUCTIONS A. Wright County Board Update Commissioner Potter provided an update on the new government center building. He explained the differences between building a new facility rather than repairing the current government center. Potter mentioned that there seems to be some false information circling and he clarified what had been budgeted for and what had not been. He stated that there is talk of a reverse referendum. He stated a new government center will allow for a proper data backup system, an emergency management center, an alternative dispatch center and will meet ADA requirements. If repairs were to occur at the current government center, it would require a parking ramp in the heart of downtown Buffalo. Vetsch inquired if bids have already been received and Potter replied they have not, but the county board has a fair understanding and idea of what costs would be. He stated this would be the last major building constructed for decades. 4. PUBLIC FORUM Steve Hinkemeyer, 5367 Lambert Avenue NE, was present to discuss his frustrations with Curbside Waste. He stated they entered into a contract three years ago and now decided to switch service providers. When he called Curbside, he was informed that his contract automatically renews each year. His complaint was the fee that was needed to cancel early, the poor customer service and the Page 1 Agenda Page 4 fact that he was not informed or sent a letter disclosing the auto renewal. He wanted to make the Council aware of not only of his frustrations, but others as well. He asked that the Council consider requiring contractors to inform any customers of auto renewals. Vetsch and Cocking both thanked Hinkemeyer for sharing his experience and informing the Council. 5. AMENDMENTS TO THE AGENDA There were no amendments to the agenda. Motioned by Cocking seconded by Olson, to approve the Agenda as presented. Ayes: Vetsch, Cocking, and Olson. Nays: None. Absent: Hendrickson and Halting. MOTIONDECLARED 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 April 15, 2019 regular City Council meeting minutes as presented B. Approve the April 15, 2019 Local Board of Appeals and Equalization meeting minutes as presented C. Approve the April 29, 2019 Joint Governance meeting minutes as presented D. Approve the April 29, 2019 City Council workshop meeting minutes as presented E. Authorize the Monday, May 6, 2019 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 F. Authorize the Monday, May 20, 2019 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 G. (Removed) H. (Removed) L Approve the Church of St. Albert Lawful Gambling Exempt Permit Application for the annual Parish Festival that will be held on September 15, 2019 at the St. Albert Parish Center J. Adopt Resolution 2019-023 approving an Off -Site Gambling Permit for the STMA Youth Hockey Association for Albertville Friendly City Days on June 8, 2019 Olson removed Items G and H from the Consent Agenda and placed as Items D2 and D3 under City Clerk. Motioned by Cocking, seconded by Olson, to approve the Consent Agenda as amended. Ayes: Vetsch, Cocking and Olson. Nays: None. Absent. Hendrickson and Halling. MOTION DECLARED CARRIED. City Council Meeting Minutes Page 2 Regular Meeting of May 20, 2019 Agenda Page 5 7. PUBLIC HEARINGS — None 8. DEPARTMENT BUSINESS A. City Council 1). Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc.) STMA Ice Arena Board Cocking updated the Council on options for addressing a hot water heater or RO water for the old sheet of ice. He indicated that it was originally included in the bid, but was subsequently taken out by the school. He indicated there was not a willingness to use the water heater in the new ice sheet for both sheets. He stated the Arena Board did not approve removal of that item and now there will be additional costs to the entities to figure out a solution. He felt that the solution be done correctly at the onset. B. Planning/Zoning 1). Planner's Update Brixius reported that staff has received a request to rezone the property located at 6737 LaBeaux Avenue NE to a PUD/B2A. He stated there are a number of outstanding issues on the site including lack of fire suppression, illegal outdoor storage, and non -permitted uses that need correction. He stated there was an original light industrial use on the site, but the property was rezoned B2A when the Shoppes at Town Lakes developed. The property owner wishes to bring a new tenant into the building that would be a cabinet finishing company that has a low intensity industrial use. Staff recommends rezoning to PUD/ 132A to create a specific zoning district for the property. A current tenant is also pursuing a CUP for minor auto repair to become compliant with the zoning. However, the application is incomplete at this time. Brixius reported the Heuring Meadows high density residential concept was presented to the Planning Commission. The commission agreed this type of housing is lacking in Albertville, but requested a traffic study be completed, the developer outlines the type of amenities that will be available, and more information be provided on management and tenant vetting. Brixius informed the Council that Federated Coop is looking to add an additional 10,000 gallon tank that would hold diesel fuel. Staff recommends that a fire study be completed to address mitigation of risks due to the flammable nature of the tank contents. St. Albert Church is looking to potentially expand the church and will be meeting with staff to discuss. Brixius stated there was some interest in the Lenz property (NE corner of Barthel Industrial Drive and 50th Street) by a developer. 2). Northeast Albertville Trails Brixius reviewed the current trail plan. The plan was created in 2011 due to receipt of grant funds and identified trails types and design standards. The plan was also adopted as part of the City's Comprehensive Plan. Nafstad felt they were making good progress on the plan by including City Council Meeting Minutes Page 3 Regular Meeting of May 20, 2019 Agenda Page 6 sidewalk and trail improvements into city street improvement projects. Nafstad stated he has received requests for system improvements and better connections over by Villa Bar & Grill/former Heidi's site and for a pedestrian bridge over the freeway. C. Public Works/Engineering 1). Fire Hydrant Maintenance Policy Nafstad reported that a toddler received a fiberglass burn from rubbing one of the hydrant flags. The proposed policy documents the current practice for inspection and maintenance. Cocking suggested a minor amendment that hydrant flags are replaced as needed. He did not feel that all flags needed to be replaced for the amount quoted to staff. Motioned by Vetsch, seconded by Olson, to approve the Fire Hydrant Maintenance Policy as amended. Ayes: Vetsch, Cocking and Olson. Nays: None. Absent. Hendrickson and Halling. MOTIONDECLARED CARRIED. 2). Barthel House Nafstad reported he received two quotes to demolish the house located 11458 58th Street NE. The garage and the driveway will remain and Public Works will provide the backfill material. Cocking would like the Fire Department to use the home as a practice burn. Nafstad stated the department would like to use the house for some type of fire practice, but not a burn. Olson asked what the garage will be used for and Nafstad replied it would be used to store Public Works equipment. Motioned by Vetsch, seconded by Olson, to approve demolition by Rachel Contracting in the amount of $22, 780. Ayes: Vetsch and Olson. Nays: Cocking. Absent: Hendrickson and Halting. MOTIONED DECLARED CARRIED. Cocking stated he voted nay to express his original objection to the overall project and the associated added costs with it and delay in road improvements. 3). CSAH 19 Update Nafstad reported bids were opened for the CSAH 19/70th Street Improvements and came in 37-40% higher than anticipated. Wright County rejected the bids and will bid the project again in the fall. Nafstad stated only two bids were received and the market is hard right now as contractors are too busy to add projects. He added that the cost of bituminous has increased and concrete will likely be an option when the project is re -bid. Cocking clarified that the assessment agreement with the outlet mall will now be on hold. 4). Albertville WWTP and Discharge Improvements Nafstad reported two reasonable bids came in for the project and LaTour was the low bid. Bolten & Menk are recommended to provide engineering construction services. Motioned by Cocking, seconded by Olson, to Approve Resolution No. 2019-024 entitled A Resolution Approving Plans and Specifications Accepting Low Bid for Construction of the Albertville WWTP and Discharge Improvements, Contingent on MPCA Approvals. Ayes: Vetsch, Cocking and Olson. Nays: Nay. Absent. Hendrickson and Halting. MOTIONDECLARED CARRIED. City Council Meeting Minutes Page 4 Regular Meeting of May 20, 2019 Agenda Page 7 Motioned by Cocking, seconded by Olson, to Approve construction services proposal by Bolton & Menk, Inc. for an estimated amount of $348,336. Ayes: Vetsch, Cocking and Olson. Nays: Nay. Absent: Hendrickson and Halling. MOTION DECLARED CARRIED. 5). Wastewater Discharge Project Olson inquired about financing and Nafstad stated the project will cash flow. Olson inquired if there will be a problem starting the project before the sale of the bonds in September. Nafstad replied they have already incurred some costs but the grant money received can assist with those over the summer. Cocking stated there is also the likelihood there will be more funding for wastewater improvements as well. Nafstad clarified the resolutions have been reviewed by the city's bond counsel and the resolutions are required in order to receive reimbursement on costs incurred before for the bond sale. Motioned by Olson, seconded by Vetsch, to Approve Resolution 2019-025 entitled, declaring the of intent of the City of Albertville to reimburse certain expenditures from the proceeds of bonds to be issued by the City. Ayes: Vetsch, Cocking and Olson. Nays: None. Absent: Hendrickson and Halling. MOTIONDECLARED CARRIED. Motioned by Olson, seconded by Cocking, to Approve Resolution 2019-026 committing City funds related to special appropriations grant, through the planned issuance of general obligation sewer revenue bonds, series 2019A. Ayes: Vetsch, Cocking and Olson. Nays: None. Absent: Hendrickson and Halting. MOTION DECLARED CARRIED. 6). Minor Drainage Projects Review Nafstad reported there are several drainage issues that he wanted to make Council aware of. There is a property along Lander Avenue and 56th Street that is the low point in the neighborhood. They know the condition exists but this winter was more difficult and Public Works had to clear ice to reduce flooding. There is a fix, but it is approximately $104,000. Cocking inquired if the low point could be filled and Nafstad replied that would just increase the area of the flooding that occurs. Cocking inquired if there is liability to the city if the fix is not done and Couri stated there could be. Nafstad stated another drainage issue exists in the curbline of properties on the south side of 54 '/z Street NE. Sump discharge lines discharge to the street and there is only one catch basin at the east end of the block. The continuous discharge from the sump pumps is has been problematic for the adjacent property owners. Nafstad estimate the fix to be about $45,000 Vetsch felt these issues should have been dealt with when the areas were developed and inquired why they weren't caught at the time. D. City Clerk 1). Stay in the Fight and Farrell's Memorial Day Special Event Hodena reported that Stay in the Fight is a nonprofit that supports military service members. They are holding a special event that will involve music, food trucks, and a walk. They are asking to waive the food truck license fee as their food trucks will only be in Albertville for one day. The food truck vendors don't foresee operating throughout the year. Hodena explained the $75 fee is the City Council Meeting Minutes Page 5 Regular Meeting of May 20, 2019 Agenda Page 8 annual fee for the calendar year. Cocking inquired what is involved in reviewing the license and Hodena stated the point of the license is to ensure food trucks have the appropriate license from the MN Department of Health and have been inspected. Cocking stated he would entertain reducing the fee but not entirely waiving it. He suggested amending the fee schedule to allow a one or two day event fee and an annual fee. Council recommended $25 per food truck for the event. Motioned by Cocking, seconded by Olson, to set Food Unit license fee to $25 per food truck for the Stay in the Fight and Farrell's Memorial Day Event on May 27, 2019. Ayes: Vetsch, Cocking and Olson. Nays: None. Absent: Hendrickson and Hulling. MOTIONDECLARED CARRIED. 2). Approve an Intoxicating Temporary On -Sale Liquor License for the Knights of Columbus Council #4174 and the Foxtails Snowmobile Club for June 7-9, 2019 for the 2019 Friendly City Days festival for a flat fee of $100 per organization for the event Olson stated he pulled this item and the next item because one license has a reduce rate while the other does not. Hodena explained that for Friendly City Days, the organizations serving alcohol have always asked for a prorated rate. She explained the cost is $100 per day per group and full price would be $300-$400 per group during the festival. Olson stated that he just wants to be consistent and felt it is worth the conversation. However, he is fine approving the licenses as recommended. Motioned by Olson, seconded by Cocking, to Approve an Intoxicating Temporary On -Sale Liquor License for the Knights of Columbus Council #4174 and the Foxtails Snowmobile Club for June 7-9, 2019 for the 2019 Friendly City Days festival for a flat fee of $100 per organization for the event. Ayes: Vetsch, Cocking and Olson. Nays: None. Absent: Hendrickson and Halling. MOTIONDECLARED CARRIED. 1). Approve an Intoxicating Temporary On -Sale Liquor License for the American Legion Post 567, DBA Liberty Restaurant Bar, for June 1, 2019 for a fundraising benefit for the Dehn family Motioned by Olson, seconded by Cocking, to Approve an Intoxicating Temporary On -Sale Liquor License for the American Legion Post 567, DBA Liberty Restaurant Bar, for June 1, 2019 for a fundraising benefit for the Dehn family. Ayes: Vetsch, Cocking and Olson. Nays: None. Absent: Hendrickson and Halting. MOTION DECLARED CARRIED. B. Fire 1). Fire Equipment Update Olson reported that they visited the plant where the new fire trucks were being built in Pierce for a mid -build review. He stated how impressive the operation is and how the trucks are definitely well made and by hand. He expects the trucks to be completed within 30 days and the trucks will be delivered to Apple Valley to have the rest of the equipment installed. Cocking stated they should be fully detailed and ready by mid -July. Olson stated what a great job the Fire Department did on the specs for the trucks. City Council Meeting Minutes Page 6 Regular Meeting of May 20, 2019 Agenda Page 9 C. Legal 1). Aptive Environmental, LLC Stand Down Agreement Couri reported that recently a number of individuals from Aptive Environmental applied and received solicitor's permits from the City. Shortly thereafter, the city received correspondence from Aptive's Legal Department requesting the city not enforce the solicitation hours of 9:00 a.m. to 4:00 p.m. Aptive feels this is a violation of the First and Fourteenth Amendments. If the city enforces the curfew, Aptive indicated they will resort to litigation. Couri explained that recent court cases at the State and Federal levels have not ruled in favor of local ordinances and invalidated certain curfews. He stated it has been found to violate freedom of speech. Couri reported he has contacted Aptive and they have agreed to a stand down agreement. He also recommends changing the ordinance to avoid any future litigation. He stated that when the courts have invalidated local ordinances, they have also ruled that municipality pay lawyer fees which could be quite expensive. He recommends the ordinance amendment to allow soliciting until 9:00 p.m. as sunset varies throughout the year. He also stated cities cannot be selective who gets licensed and must apply licensing to all applicants evenly. Motioned by Cocking, seconded by Vetsch, to Approve the Stand Down Agreement between Aptive Environmental, LLC and City of Albertville. Ayes: Vetsch, Cocking and Olson. Nays: None. Absent. Hendrickson and Halling. MOTIONDECLARED CARRIED. D. Finance -None E. Building — None F. Administration 1). City Administrator's Update Nafstad stated the annual social hour during Friendly City Days has been set for Friday, June 7 at ;00 p.m. at the depot. Nafstad stated that 601h Street NE is in poor repair and he would like to have it paved as part of this year's street improvement project. Motioned by Olson, seconded by Cocking, to approve the change order to resurface 60`h Street NE as part of the 2019 Street Improvements. Ayes: Vetsch, Cocking and Olson. Nays: None. Absent. Hendrickson and Halting. MOTION DECLARED CARRIED. 4. Announcements and/or Upcoming Meetings May 17 Explore Your Parks Night May 27 City Offices Closed, Memorial Day May 28 Parks Committee, 6:00 p.m. — Depot (location change) June 3 City Council, 7:00 p.m. Jun 5-9 Friendly City Days June 10 STMA Ice Arena Board, 6:00 p.m. June 11 Planning Commission, 7:00 p.m. City Council Meeting Minutes Page 7 Regular Meeting of May 20, 2019 Agenda Page 10 June 17 City Council, 7:00 p.m. June 24 Joint Powers Water Board, 6:00 p.m. Parks Committee, 7:00 p.m. 10. ADJOURNMENT Motioned by Vetsch, seconded by Olson, to adjourn the meeting at 9:43 p.m. Ayes: Vetsch, Cocking, and Olson. Nays: None. Absent. Hendrickson and Halling. MOTIONDECLARED CARRIED. Respectfully submitted, Kimberly A. Hodena, City Clerk City Council Meeting Minutes Page 8 Regular Meeting of May 20, 2019 Agenda Page 11 �1bertviljc Mayor and Council Request for Action May 30, 2019 SUBJECT: CONSENT - FINANCE— PAYMENT OF BILLS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Authorize the Monday, June 3, 2019 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 ExpensesNendors (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 deten-nines to dispute the billing. Responsible Person: Tina Lannes, Finance Director Submitted through: Adam Nafstad, City Administrator-PWD Attachment: List of Claims (under separate cover) P:ACity Council\Council Packet Information\2019\060319\2019-06-03 Finance Bills Report (RCA).docx Meeting Date: June 3, 2019 12 FAMILY YOUTH COMMUNITY CONNECTIONS May 15, 2019 City of Albertville P.O. Box 9 Albertville MN 55301 City Council, We see Open Streets STMA as the perfect chance to promote healthy living, local businesses and civic pride in St. Michael and Albertville. On September 7, 2019 from 10:00 a.m. to 2:00 p.m. we will create safe, car -free streets so that residents of all ages can walk, bike, participate in activities, and get to know one another. Family Youth Community Connections (FYCC) is requesting permission to close down the following streets: • Main Ave. NE south of the railroad tracks to 58t' St. NE • 58t' St. NE to Lander Ave. NE. • Lander Ave. NE to 57t' street NE We would like to request this closure from 7:00 a.m. to 3:00 p.m. on Saturday to allow set up and clean up time. Contact has been made with the following businesses that will be affected by this closure St. Albert's Parish, Kay Marie Dance Studio, 152 Club, Geez, and Neighbors. FYCC has contacted the Wright County Sheriff's Department and they will be on site for security as we expect a couple thousand people to attend the event along with fifty plus vendors. Thank you for your consideration and we look forward to another successful event. Sandra A. Greninger FYCC Director Family Youth Community Connections 5975 Main Ave. NE Albertville MN 55301 Phone: 763.496.6820 Fax: 763.497.3210 Website: www.myfycc.com Email: Sreninger@ci.albertville.mn.us Agenda Page 13 NORTHWEST ASSOCIATED CONSULTANTS, IRC, 4150 Olen Memorial Higr.vvay, Ste. 320, Vahz�y, MN 55422 Telephone: 763.957.1100 Website: www.nacplanning.com PLANNING REPORT TO: Adam Nafstad FROM: Al Brixius / Ryan Saltis DATE: May 9, 2019 RE: Stangler Property Rezoning from B-2A to PUD FILE NO: PROPERTY ADDRESS: 6737 LaBeaux Ave PID: 101500351402 and101500351404 BACKGROUND Mr. Randy Stangler has submitted an application to rezone his property located at 6737 LaBeaux Avenue from B-2A, Special Business District to a PUD / B-2A. The property exists in a nonconforming condition and has present problems related to tenant mix, land use, site conditions and building code issues due to the age and condition of the building. The current B-2A Special Business District limits the available uses for building. The change of zoning is an effort to redefine the use of the site and to clean up a number of conditions and site violations.. When this property was brought into the city it contained an industrial use. The original zoning was 1-1 up to 1996. The light Industrial zoning was reflective of the historic use of the building.. This zoning changed to B-3, Highway Commercial in 1996. With the development of the Shoppes at Towne Lakes east of CR 19; the commercially guided properties north of 1-94 were then rezoned to the B-2A district in 2002. The former zoning districts of 1-1 and B- 3 for the property had lesser performance standards and a broader range of permitted uses than the current B-2A, Special Business District. The introduction of tenants into the building has been troublesome do to the lack of fire suppression within the building, illegal outdoor storage, non -permitted uses and undefined parking and loading areas.(see Exhibit A code enforcement email). The property owner of wishes to bring PS Deck Inc. as a tenant into the site. They are a small cabinet finishing company, with limited number of employees and low intensity industrial use. As an Agenda Page 14 industrial use they are not permitted to be in a B-2A district. As outlined in Exhibit A, staff has outlined an option of for rezoning the site from a B-2A to a PUD / B-2A to create a zoning district specific to this property. Through the PUD/ B-2A the city may expand the allowed uses for the property to include the current B-2A district uses but could also be expanded to include limited light industrial uses / warehousing with conditions to insure their compatibility with future commercial development and to clean up current conditions on the site.. In the past, the city has conducted similar zoning change (Federated Coop and Particle Control) recognizing their historical uses and allowing some flexibility in their continued use. Attached for reference: Exhibit A Code Enforcement Email Exhibit B: Site Aerial Photo 2005 Exhibit C: Site Aerial Photo 2018 Exhibit D: Concept Site Plans Exhibit E: PS Deck emails and paint booth specifications. Exhibit F: Draft PUD / B-2A Zoning Amendment ANALYSIS In considering a change in zoning the following criteria (Section 300.1.F) are applicable Rezoning to a PUD district would provide standards that are specific to the property and would encompass the following items: 1. 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. Comment: The Albertville comprehensive plan guides this site for commercial land use consistent with the current B-2A zoning. The proposed PUD / B-2A zoning change will preserve the commercial land use intent but would expand the list of conditional uses to include some light industrial uses with performance standards to ensure that theses uses would not negatively impact surrounding properties and will fit within the context of future commercial development. The PS Deck business is a low intensity industrial use, with limited number of employees. They have provided information regarding their paint booth that demonstrates that it will not emit nuisance odor or emissions. This business would provide services to both individual consumers as well as larger companies. The applicant has also requested consideration for allowing some outdoor storage as an interim use permit as a means of regulating this use with performance standards that address, location, size, fencing, surfacing, and screening of outdoor storage associated with the tenant business. 2 Agenda Page 15 The PUD/ B-2A zoning change will preserve the long range land use intent of the city, but would provide opportunities for some compatible light industrial uses. In exchange for the change in allowed uses the site will also be required to make upgrades in current site conditions to improve the site appearance and function. 2. The proposed use is or will be compatible with present and future land uses of the area. Comment: The retention of the B-2A uses is consistent with the long-range plans for the city. The introduction of some light industrial uses will be by conditional use permit with performance standards to improve the site and insure compatibility with existing and future land uses. 3. The proposed use conforms with all performance standards contained herein. Comment: The applicant has submitted a concept plan that illustrated the intended use and design of the lot. In review of the site plan and proposed zoning changes Conditional use permits we recommend the following conditions. A. All tenant changes shall still meet all building and fire Codes for the prescribed uses. If the zoning change is approved the building will be occupied by PS Deck a cabinet finishing company and Rigs to Rods. Both of these businesses will need Conditional use approval with this zoning change and must receive separate Certificate of Occupancy permit after a building inspection and demonstrated compliance with the Building and fire code. B. The B-2A zoning district will remain the basis for the base zoning standards for lot area and width, setbacks and other performance standards. C. Utilities: The site is currently be served by an on -site well and septic system. Municipal sewer and water are available in 67t" Street, this site wasn't required to connect to City utilities at the time of their installation because they had a functioning private utilities. There is a deferred assessment on this property that is due with its connection to City utilities. The connection to City Utilities and provision of a fire sprinkler system will remedy many of the building occupancy issues. This will trigger the payment of the deferred assessment for the water connection and WAC Charges. The Septic system may continue to exist if it is functioning and up to code. An inspection by Wright County should be conducted to determine if sanitary sewer should be extended to the building at the same time as City water. It must be noted that a septic system inspection is mandatory at point of property sale by the County. If the private system is not to code it will be required to be replaced. With the availability of City Sewer, the city will require a utility connection and will not approve a new private system. D. On -site Parking: Parking, on the current sited undefined and is occurring in location not permitted by City Code (grassed areas, adjoining property and within the city street right of ways). Exhibit B, a 2005 aerial photos some defined paved parking along the building. 3 Agenda Page 16 The site plan proposes to replicate the 2005 parking pattern. In review of the site plan it is apparent that the parking lot needs to be improved to define the parking boundaries and stripe the stalls. In review of the site plan and PUD /B-2A zoning changes we recommend the following conditions related to parking and on -site traffic circulation. i) The site plan 26 parking stalls along the south side of the building on existing pavement. The number of parking stall required for the site will be determined based on the tenant composition of the building and the standards of the city code. ii) The site plan show approximately 40 feet of pavement along the south side of the building. This is insufficient to accommodate 90 degree parking stalls and an adequate drive lane to avoid cars leaving the pavement. A minimum pavement dimension a single loaded 90 degree parking area is 44 feet. A greater may be appropriate to allow smooth traffic movement to the overhead doors and access to the future outdoor storage area without interfering with the parking stalls. A 50 dimension is suggests. The expansion of the paved parking area is required as condition of conditional use approvals. iii) The site plan show additional parking on the east side of the building. This is new and does not exist today. All new parking beyond the paved area south of the building shall be designed and approved to meet all City's parking performance standards including dimensions, pavement, continuous concrete curbing, striping, lighting and landscaping. In this regard, the action on this zoning change and CUP consideration does approve the eastern parking lot. A detailed parking lot layout is need for this area of the site. iv) The Driveway access to this property comes from 67t" street crossing a separate parcel from the building. This configuration requires the property owner to pursue one of two options. 1. Combine the lot through and administrative subdivision or 2. Provide a cross access easement over the southern lot in favor of the northern lot with the building. With the expansion of the pavement along the south side of the building we recommend that the drive access between 67t" Street and the paved parking lot also be paved. v) All other areas beyond the approved paved driveway access and the paved parking lot be grassed or landscaped to further define the parking areas. Parking beyond the approved paved parking stalls shall be prohibited. Applicant shall provide a landscape plan that established a schedule for landscaping and/ or establishment beyond the paved parking areas. E. Outdoor Storage. Outdoor storage is not allowed in the B-2A district and is illegal under the current zoning. Illegal outdoor storage has occurred with some of the tenant changes within the building and has required City enforcement to have the site be cleaned up. The owner wishes to make some accommodation for future outdoor storage in a more controlled manner. The proposed PUD / B-2A draft zoning amendment would allow outdoor storage on the site with the following conditions. Planning commission and council will need to determine if outdoor storage is appropriate within the proposed PUD /B-2A zoning amendment. M Agenda Page 17 1. Outdoor storage will be allowed as an interim use permit. With an expiration date assigned with the site's redevelopment. 2. Outdoor storage shall not be allowed in the front yard (east side of the building) shall be setback 35 feet from the south lot line and setback 10 feet from the west and north lot lines. 3. Outdoor storage will be fenced around the entire storage area. No storage shall occur outside of the approved storage area. 4. Within this PUD we will require the outdoor storage area to be screened (landscaping or screen fence) from the public street and adjoining properties. 5. Outdoor storage areas will be surfaced with asphalt, concrete, or crushed rock (granite) to control dust or mud surfaces. 6. The site plan will be required to illustrate paved access and egress to the outdoor storage area that does not interfere with the required parking. 4. The proposed use will not tend to or actually depreciate the area in which it is proposed. Comment: The current condition of the property is detrimental to the surrounding lots. Due to the age of the building and site, it is difficult to determine what elements of the site are legal non -conforming and protected and what is illegal. Through the change of zoning the PUD /B-2A district will allow some additional uses for the property with conditions that will improve the appearance and function of the site. In this regard, the application of the proposed PUD / B-2A will improve on existing conditions. 5. The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. Comment: City utilities both sewer and water are available to the site in 67th street. These utilities have the capacity to accommodate the proposed zoning change. 6. Traffic generation by the proposed use is within the capabilities of streets serving the property. Comment: 67th Street is design as a commercial collector street capable of accommodating the proposed land uses identified in the proposed PUD / B-2A zoning change. The introduction of the PS deck business will likely generate less traffic than the previous tenants, with a limited staff and limited direct customer contact. 5 Agenda Page 18 PS Deck Inc. PS Deck Inc is a new finishing and painting company, which applies paint and finishes to cabinets and furniture. The currently have a staff of 6 people. The wish to occupy 6000 sq. ft. of the Stangler building initially with growth plans to occupy the entire building. The application of paint and or finishes will be conducted with a Col -Met paint booth. The specifications of the paint booth are provided. Concerns have been expressed related to the potential of exhaust of vapor or odors to the adjoining properties. According to the PS Deck the spray booth is designed with exhaust filters and paint overspray arrestors to capture overspray vapors and odors before air is exhausted from the shop. The spray booth is designed not to generate fumes or odors to adjoining properties. RECOMMENDATION Any change in zoning or land use is a policy decision of the planning commission and ultimately the city council. The site at 6737 LeBeaux Avenue is a problem site. In this regard the proposed PUD / B-2A zoning change attempts to provide the property owner with some zoning flexibility in uses in exchange for some site improvements that will improve the site appearance and function. Staff recommend that the site, 6737 LaBeaux Avenue, be rezoned from B-2A to a PUD/ B-2A This will allow the proposed building to have a variety of uses that are unique to the PUD with performance standard to improve the site If the planning commission and council agree with the staff recommendations on zoning we would also recommend that the PUD / B-2A zoning and a CUP for PS Deck for a light industrial use also be approved with the following conditions. 1. All future tenant changes shall meet all building and fire code requirements for their building occupancy classification prior to occupancy.. 2. The site shall abide by all B-2A zoning restrictions 3. Rigs to Rods must pursue and have a conditional use permit and certificate of occupancy approved to remain in the building. 4. The applicant shall demonstrate adequate utility services for the proposed uses. If the private systems do not meet code then connection to city utilities will be required. 5. The parking shall be consistent the submitted site plan with the following conditions a. The number of required parking stalls shall be determined by the tenant mix and use of floor space. b. The pavement on the south side of the building shall be expanded to 50 feet to provide adequate space for parking stalls and a drive lane that allow traffic movement without encroaching on the unpaved surfaces. The paved parking area shall be dimensioned and striped per city code. Disability parking shall be designated and striped according. Agenda Page 19 c. The driveway between the paved parking lot and 67th street shall be paved. d. the parking area on the east side of the building shall be designed and constructed in full compliance with city code. Without construction details at this time this parking area is not approved with this development application. e. All areas beyond the approved paved parking areas shall be grassed and landscaped to define the boundaries of the approved parking area. Applicant shall provide a landscape plan that establishes a schedule for establishment of these turfed areas. f. The applicant either combines the lots or establishes a cross access easement across the southern lot in favor of the northern lot. This easement must be recorded with the county. 6. Outdoor storage as shown on the site plan is not approved with application. Consideration of the outdoor storage shall be under a separate future conditional use permit that is accompanied with plan details the response to the performance standards for this use. 7. PS Deck shall pursue and obtain any necessary building and fire code approvals and a certificate of occupancy. CC. Randy Stangler Brad Johnson 7 Agenda Page 20 -I UI 1. -j Ll Ll -.� 'J I MILL bi m 1 is 15003L 1.1 D2 AdeVita Page Alan Brixius From: Alan Brixius Sent: Tuesday, April 09, 2019 11:48 Alin To: randystangler@aol.com Cc: anafstada@d.albertvilie.mn.us; pheins@ci.st-michael.mn.us; Maeghan Becker(mbecker@aci.albertville.mn.us); kolsona@ci.albertville.mn.us; miker@couriruppe.com;jhildebrandt@ci.st-michael.mn.us Subject: 6737 Labeaux Avenue Randy, this email is to document our discussion of April 4, 2019, pertaining to the zoning and land use at your property at 6737 Lebeaux Avenue N, in Albertville. Current Conditions: 1. Your site is zoned B-2A Special Business District which allow abroad array of commercial uses. 2. The following land uses are either not allowed or exist in non -compliant manner a. Rigs to Rods. Minor Auto Repair defined as follows is allowed by Conditional Use permit in the B-2A district. The City has no record of a CUP approval or a Certificate of Occupancy for this tenant. AUTOMOBILE REPAIR. MINOR: Minor repairs; incidental body and fender work, painting and upholstering, replacement of parts and motor services to passenger automobiles and trucks not exceeding twelve thousand (12,000) pounds' gross weight, but not including any operation specified under the definition of '"automobile repair, major" in this section. b. U- Haul Moving truck and trailers: The B-2A zoning district allows limited outdoor display of merchandise for sale or rent as an accessory use to a business. The U-Haul businesses exceeds 10% of the floor area of Rigs to Rods and does not meet the other performance standards or this use. c. Outdoor Storage is not an allowed use in the B-2A zoning district as such the all the items west of the building and the display items beyond the 10% allowance is illegal, d. The parking lot is not paved or physically defined on your site as such vehicles are parked and stored on your site without regard to setbacks and surfacing. Aerial photos reveal parking / storage trespassing on the adjoining lot to the west. e. The Cabinet finishing Business is an industrial use which is not allowed in the B-2A zoning district. f. Signs on trucks parked east of the building do not represent a legal sign. The building is not connected to Municipal water or sever. This presents problems fire protection and services for potential tenant businesses. The city has raised the need for fire sprinkler system for changes in building occupancies, this will remain an issue for all future uses. ALL NEW TENANTS MUST MEET BUILIDNG AND FIRE CODES. Randy; due to the age, and condition of your property and building, every tenant change has become a challenge, with its need to comply with both the zoning regulations and building codes. This has frustrated you, your potential tenants and City Staff. Per our discussion last Thursday, the following is an option to make the management of your building easier in the future. Any zoning change and site plan approval will require planning commission action and City approval. If you choose to pursue the zoning change we would discuss it with the city council to get some reaction as to whether they are amendable to the change and what conditions will be needed. REZONING; You may pursue a change in zoning from B-2A to PUD, This would create a zoning district specific to your property. The RUD zoning district would encompass the following items. EXHIBIT A Agenda Page 23 1. The allowed uses would include the current B-2A district uses but could be expanded to include some light industrial uses ( cabinet finishing shop etc.) We could consider allow some outdoor storage as a conditional use permit with performance standards to address, location, size, fencing, surfacing, and screening. Through the expanded range of uses we will have fewer issues related to tenant changes. 2. All tenant changes shall still meet all building and fire Codes. Sewer and water are available in 671h Street. The connection to City Utilities and provision of a fire sprinkler system will remedy many of the building occupancy issues. This would cost you the cost of sewer service connection, Connection fees, and SAC /WAC. The parking lot needs to be improved to include curbing, paving and striping. The current site conditions has not defined parking areas or stalls as such vehicles are parked on the grass, in required setbacks, and adjoining properties. These issues must be corrected. 4. If you wish to have outdoor storage or areas to display merchandise, it will have to be included in the PUD district. We will required you to submit a site and building plan that shows the location, size and details of the outdoor storage area, the required parking, building loading /delivery areas and any proposed product display areas. Once these are approved by the City the site must limited these uses to the approved locations. The issues with the property are two fold, zoning which governs the land use and site conditions and Building / fire codes which governs building construction and safety. The aforementioned suggestions attempt to lay a course to address both code issues. The current site conditions are in disarray, and you will be receiving a notice to clean up the site through code enforcement. In our meeting your indicated that your lease prohibits the outdoor storage which will remedy many of the issues that exist if you enforce the terms of your lease. The aforementioned zoning option is available to you to make future property management less problematic. However, this option will require you to invest in the property in pursuing the zoning change, preparing and receiving approval of the site and building plans and implementing the required parking and utility improvements. If a zoning change is not pursued then we will continue to face tenant change out problems, The Cabinet finishing shop will not be allowed under the current 13-2A zoning. With any future tenant questions, please contact Meaghan at city hall who will forward your inquiry to both Paul Heins and me so you get one response addressing both zoning and building code in the future. Taking your inquiries to different staff people will only result in continued confusion. please contact me with any questions, or to tell me whether you are going to pursue this option or not. In developing a site plan the following zoning standards will be applied. Parking lot setbacks and standards: Setbacks: Front yard (east) 20 feet Side yard (north) 5 feet Side yard (South) 5 feet Rear yard (West) 10 feet Your site has sufficient area to meet all these setbacks. Parking Lot Dimension requirements for 90 degree parking: Stall width 9 feet Stall Depth 20 feet Agenda Page 24 Drive Aisle Width: 24 feet You appear to have 100+ feet south of your building to provide a double loaded 90 degree parking lot (64 feet) and meet required parking Number of parking stalls; 12,000 sq. ft. x .9 = 10,800 sq. ft. j 200 = 54 parking stalls Your site has the land area and dimension to provide the space for 54 parking stalls. A double loaded parking lot would require 27 stalls along both sides of the drive aisle. 54 parking stalls will require the provision of 2 disability parking stalls, which must be included in the parking lot layout. Parking lot details: Parking lot must be defined with a continuous concrete curb to define the edge of the parking lot and control storm water drainage. Parking lot must have a paved bituminous surface. Parking lots must be striped to designate the required properly dimensioned parking stalls. Parking lot perimeters will require landscaping screening. Loading areas: The parking lot design must accommodate the truck deliveries to the site and provide access to any overhead doors or delivery areas. The range of uses you want to include in the PUD will influence the size of trucks that are likely to serve the site. Outdoor storage: Currently your leases prohibit outdoor storage. Since this use in not allowed in the B-2A district and is illegal under the current zoning. We ask you to enforce your lease and clean up your site. If you wish to make some accommodation for future outdoor storage is will need to be included in your request for a zoning change to PUD and we will include the following conditions. 1. Outdoor storage will be allowed as an interim use permit. With an expiration date assigned with the site's redevelopment. 2. Outdoor storage shall not be allowed in the front yard (east side of the building) shall be setback 35 feet from the south lot line and setback 10 feet from the west .and north lot lines. 3. Outdoor storage will be fenced around the entire storage area. No storage shall occur outside of the approved storage area. 4. Within this PUD we will required the outdoor storage area to be screened ( landscaping or screen fence) from the public street and adjoining properties. 5. Outdoor storage areas will be surfaced with asphalt, concrete, or crushed rock (granite) to control dust or mud surfaces. 6. The site plan will be required to illustrate access and egress to the outdoor storage area that does not interfere with the required parking. Grading and drainage: Agenda Page 25 With hard surfaces for the parking, loading and outdoor storage area the City will require a grading and drainage plan for the site. Agenda Plage 26 0,,, BeaconT"' Wright County, MN Overview Legend Roads C SAHCL — CTYCL — MUNICL — PRIVATECL — TWPCL Highways Interstate — State Hwy US Hwy City/Township LEmits n o n t ©❑ Parcels Parcel ID 101079000010 Alternate ID nla Owner Address nla Secffwp/Rng 02-120.024 Class 101-AGRICULTURAL Property Address Acreage 11.79 District 0102 CITY OF ALBERTVILLE 885 Brief Tax Description Sett-02Twp-120Range-024HEURING MEADOWS 11.79ACOUTLOTA (Note: Not to be used on legal documents) Cate created:5J9Y2419 Last Data Uploaded: 51912019 2:26:56AM Developed by�-j Schneider GEOSPATIAI. Agenda Page 27 EXHIBIT B T , Beacon"Wright County, MN Overview Legend Roads --• CSAHCL — CTYCL — MUNICL — PRIVATECL — TWPCL Highways Interstate State Hwy — US Hwy City/Township Limits ❑ c ❑ t Parcels Parcel ID 101079000010 Alternate ID n/a Owner Address n/a Sec/fwp/Rng 02-120.024 Class 101-AGRICULTURAL PropertyAdd ress Acreage 11.79 District 0102 CITY OF ALBERTVILLE 885 Brief Tax Description Sect-02Twp-120 Range-024 HEURING MEADOWS 11.79 AC OUTLOTA (Note: Not to be used on legal documents) Date created! 5N/2019 Last Data Uploaded: 519/20193,26:56AM Developed by(,,. Schneider )) GEOSPATtAL EXHIBIT C Agenda Page 28 4-1 to Ageop Page 21 64 r6 JN* EXHIBIT D Alan Brixius From: Amy Johnson <amy.cupola@gmail.com, Sent: Monday, May 06, 201912:59 PM To: Alan Brixius Subject: Re: 6737 Labeaux Ave NE Follow Up Flag: Follow up Flag Status: Flagged Hi Alan, hope all is going well...The spray booth that has been designed for our company will not generate fumes or odors to surrounding properties. Booths use exhaust filters or paint overspray arrestors to decrease emissions from the shop by capturing the oversprayed coating mist and particles before that air is exhausted from the shop into the environment .... Based on the spraybooth designed by the professionals at Col -Met the overspray and virtually all contaminating vapor and odor will be eliminated. This information can also be seen on the graphs that we provided to you by Col -Met themselves .... A representative at Col -Met would be more than happy to talk with anyone that has questions about the booth specifications and performance.... Keep in mind we finish/spray wood products for a living..... we are not an automotive finisher Here is an email for Tony at Col -Met amorenogeolmetsb.com or call 888-452-6684...... our booth reference code is CEFS-57859-RP 1B-10-10-20 Let me know if you need anything else .... Have a great day On Tue, Apr 30, 2019 at 11:07 AM Alan Brixius <abrixius@a,nacplanning.com> wrote: Amy, can you tell me if the spray booth will generate fumes and odors to the surrounding properties? From: Amy Johnson [mailto:amy.cupala0)gma1com] Sent: Tuesday, April 23, 2019 7:54 AM To: Alan Brixius; ,pauls@psdecinc.com; Brad Johnson; karljohnson2003(&gmail .com; Jamie Johanson Subject: 5737 l.abeaux Ave NE Good Morning Alan, we are a new prefxnishing and painting company and have a staff of 6. We know the market and can see the potential in the industry. Our plan is to grow and take on the additional 6,000 square feet in this building. We attached the plans for the spray booth and make-up air unit that we would like to install. Thank you for all of your help EXHIBIT E Agenda Page 30 L�MET d Finishing Solutions April 11, 2019 Sherwin Williams Christopher Mazza CEFS-57859-RP Cross Draft Booth Col -Met Engineered Finishing Solutions is pleased to offer the following proposal for your consideration. (1) IB model 16-10-10-12-00 Interior working dimensions of: 10'-0" wide X 10'-0" tall X 12'-0" long. Approximate overall dimensions of: 10'-4" wide X 1 U-2" tall X 15'-2" long. Industry Leading 5-Year Warranty The quality and workmanship of Cal -Met spray booths allows us to be the only Spray Booth Manufacturer to offer a Five (5) Year Warranty provided the customer utilizes our Cal -Met high-performance RP "W- Series" exhaust filters. These filters have been designed, tested and approved to provide superior paint particle separation while restricting the least amount of air flow in accordance with ASHRAE 52.1. Col -Met AMU's are included in this warranty if purchased with the spray booth. Please Note (*). The utilization of spray booth exhaust filters other than the Col -Met RP W-Series filters will reduce the Col -Met spray booth and AMU warranty period to one (1) year. Temperature and huinidity-control led systems do not quality for the 5-year warranty. Please contact your local distributor or Col -Met if you have any questions regarding this program. Cal -Met reserves the right to deny warranty claims if proper booth maintenance is not performed. This warranty is for parts only. Labor is not included. This warranty is not transferrable. Equipment registration is required at time ofoider. Scope: Air is drawn in through the open face at the front of the spray booth. This air flows through the booth's working area, into the exhaust plenum at the rear of the booth and then flows out to the atmosphere via the exhaust stacks. This booth is provided complete, with all necessary hardware to meet the applicable national requirements established by OSHA and the NFPAfor paint booth construction. Panol5.; Panels are fabricated from 18-gauge quality galvanized steel, flanged and precision punched on 6" centers for maximum rigidity. Panels are fastened together with 5116" bolts and are to be sealed with the provided caulk following assembly. A total of (4) light fixtures will be provided for illumingllion: Lighting is provided by 40' long, 4-tube, 32 watts, T-8, fluorescent type fixtures. Fixtures are Inside Access rated for Class I Div. II Groups A, B, C, and D Class II Div, II Groups F & G. All fixtures are ETL listed and approved for their intended use and placement. Fixtures are supplied with dual ballasts to accept either 120V or 277V power. Ballasts carry a 5-year limited warranty. Upgrade Benefits of LED Lighis(Contact CEFS Sales Rep for more information] • Efficiency - LED lighting consumes up to 50% less power than our standard fluorescent 32W T8 lamps, providing you with a dramatic decrease in power costs. • Longevity - LEDs have a lifespan of up to 60,000 hours, considering an 8-hour shift, five days a week, the LED light will last over 25 years before needing replacement, lowering maintenance costs and long-term operating casts. • Safety - Improved safety is one of the most important benefits of LED lights. Reducing the potential for safety risks such as burns and fires, they generate virtually no heat therefore are cool to the touch even if left on for hours. Agenda Page 31 CL—Md Finishing Solutions CEFS-57859-RP Filtration: • Exhaust Filters: Col-Met's RP W-Series Ultra Efficiency filters have a custom designed layering system to increase the overall efficiency of the booth. Filters are lab tested with over a 99.8% particulate removal efficiency. A filter holding grid is provided for each filter cell. Every new spray booth is provided with one set of filters. • A Dwyer Mark II manometer will be provided with the unit to monitor the filter resistance and thereby offer a visual indicator of the filter's life and efficiency. Air Solenoid Valve: 1 /2" 120V solenoid valve will be provided with this booth. (1) - 30"3 0 HP Exhaust_fan_rated _for 10,000 CFM @ 0.5" Static PMssWre Total CFM exhausted: 10,000 CFM. A tubeaxial type duct fan specifically designed and constructed for use in paint spray booths and similar applications is provided for exhaust. A precision balanced, fabricated, aluminum non -sparking fan blade moves the air through the fan. Bearings are mounted in rubber isolators for smooth operation. The motor, drive, and bearings are isolated from the exhaust air stream. The bearings are sized with a minimum average life, per AFBMA, in excess of 200,000 hours when operating at the maximum RPM of the fan size. Code Compliance: All Col -Met booths are designed to meet or exceed the requirements and recommendations of the National Fire Protection Association (NFPA), Standard Number 33, as well as the Occupational Health and Safety Administration (OSHA) CFR 29.1910,107 covering the operation and construction of spray booths. Enough exhaust ductwork for a typical 18' flat roof (estimated) installation terminating at B` above the roof line is quoted for estimation purposes. duct support by others. Actual ductwork requirements will be dictated by field conditions including but not limited to verified roof height, roof pitch, obstructions and local code restrictions. Thank you for the opportunity to quote your needs. We realize that in some cases slight equipment revisions may be required. Therefore as part of this proposal Col -Met has allowed for up to (2) Customer driven revisions during the approval process; additional revisions will be subject to possible engineering fees as well as any equipment changes that may impact the cost. Approval drawings {if required) will be available up to 2 weeks after receipt of down payment, Ship dates are established once final receipt of signed approval. Prices quoted are F.O.B. point of manufacture. All Cal -Met terms and conditions apply. Agenda Page 32 COL —MET Engineered Finishing Solutions CEFS-57859-RP Qty. Part # Description. per each @ extension @ End User End User Price Price 1 ID-10-10-12-00 ©pen Front Industrial Booth $6,425.00 $6,425,00 10'-0"x i 0'-0"x 12'-0" 36 W512020 W-Series 20" X 20" Ultra $0.00 $0.00 Efficiency (1-set included wJ booth) 1 CT-118-10000-VRH Dump AMU Unit $15,950.00 $15,950.00 1 AMU Discharge Duct Straight Duct, 3-Way Diffuser $812.00 $812.00 Package Head Total $23,1$7.00 `Filters included with booth may be subject to change in approval process ITRI Ar7"iiMifiH�-C i 1 PCW Powder Coating White $980.00 $980.00 1 LED-UPGR LED Lighting Upgrade $812.00 $812.00 Exhaust Duct 1 AS-30-KIT Auto Shutter, 18ga 30" Dia. $349.00 $349.00 4 PP-30 Plain Pipe, 18ga 30" Dia. $325.00 $1,300-00 1 ARV-30 Automatic Roof Vent, 18ga 30" Dia, $270.00 $270.00 1 90EL-30 Duct Elbow, 18ga 30" Dia., 90 Deg. $255.00 $255.00 1 FRF-30 Fiat Roof Flange, i 8ga 30" Dia. $230.00 $230.00 1 PPD-30 Plain Pipe wl Clean Out Door, 18ga 30" Dia. $113.00 $113.00 1 GWKIT-6FT Guy Wire Kit 6' $90.00 $90.00 1 CNK-30 Connection Ring, 30", (Powder Coated) $52.00 $52..00 1 1 SC-30 Storm Collar, 18ga 30" Dia. $48.00 $48.00 Note: When you have a straight run of duct over 21' in length, Col -Met suggests using Spiral Pipe. For pricing on Spiral Pipe upgrade„ please contact a Cal -Met Engineered Finishing Solutions sales representative. Dump AMU: (1) - One Air Make-up Unit (AMU), Model: CT-118-10000-VRH, Vertical orientation, mounted Outdoor, on the Floor with a burner configured for Natural Gas. The AMU will provide 10,000 Agenda Page 33 Ci OL-MET eered Finishing Solutions C EFS-57859-R P CFM of heated air replacement to the booth. The AMU is capable of providing discharge air with 100OF temperature rise in spray mode. The CT Series AMU is equipped with a custom control package, designed specifically for the finishing industry. Additional Features: - ETL Listed to ANSI Z83.25 - CSA 3.19 - Automatic Booth Pressure Balancing - Motorized Auto Gas Control - Low Sound Level Forward Curve Fan Discharge Shutoff Damper with Automatic Actuator - Profile Dampers for Burner Optimization - Variable Frequency Drives (VFD) to Control Exhaust and Intake Fans - Programmable Logic Controls (PLC) - Digital Control Module with Alarm History and Technical Information - Digital Magnehelic Display for Booth Pressure Approved Combustion Components Provide for a Safe Working Environment - 2 In. Cleanable Intake Filters" Col -Met offers a one-time additional 10% discount on our RP W-Series Exhaust Filters if they are purchased and shipped with the spray booth order. Other booth supplies added to this order can ship with the spray booth, saving freight costs to ship supplies only. 1 W512020-050 W-Series 201'x20` Ultra Efficiency (Case of 50) Regular Price: $76.86 $50.00 $50.00 1 3041 36" X 300' Booth Floor Paper (Kraft) $34.00 $34.00 1 3042 42" X 300' Booth Floor Paper (Kraft) $44.00 $44.00 1 3043 60" X 300' Booth Floor Paper (Kraft) $62.00 $62.00 1 3044 72" X 300' Booth Floor Paper (Kraft) $66.00 $66.00 1 MSC-105 Lamps/Bulbs, T8 Fixture 5000K, 2850 Lumens CRI82 (30 lamps per case) $195.00 $195.00 1 LT-1100-09 Spare T8 Front Access Light Fixture $315.00 $315.00 4 Agenda Page 34 COL- 1�' Engineered Finishing Solutions CEFS-57859-RP EXCLUSIONS: Any Federal, State, or City taxes imposed, directly or indirectly, by any present or future law on the sale or use of the proposed equipment and or material described in or required under the agreement between the parties, are the sole responsibility of the purchaser apart and separate from the agreed purchase price. • Equipment is not designed with any seismic or wind load calculations, unless specifically noted in this proposal. • Permits: (Approvals, certificates, licenses, bonds and taxes) Purchaser at its own expense shall procure any all construction and or use permits and licenses required in connection with the installation and use of proposed equipment and shall indemnify and hold Col -Met harmless from all civil and or criminal liability for failure to procure same and any and all violations, assessments, penalties, or damages relating thereto. • Site modifications (floor clearing, cleaning, sealing or leveling as well as any building reinforcement or structural changes) • Any and all installation services. (Even on pre -assembled ovens some field erection of exhaust fans, possible air seal fans, etc. are required) (Most ovens require some field wiring and exhaust stack installation) • Removal, relocation, rerouting and/or reconnection and testing of displaced utilities (i.e. Gas lines, electrical lines, water lines, paint lines, sprinkler system lines, compressed air lines, etc.) • Any and all fire detection or suppression equipment required by code authorities. • Freight costs including packing, crating, shipment, unloading, etc. Due to the volatility of the steel markets, we reserve the right to add a steel surcharge at the time of order. UNLESS SPECIFICALLY CONTRACTED TO PROVIDE • Electrical, Gas, Compressed Air, Water and Sewer services to attachment points on Col -Met supplied equipment. Supply of exhaust duct components unless specifically mentioned in the body of this proposal (Ductwork can be quoted as an option if provided with accurate required length and configuration requirements) • Weatherproof storage and security of equipment at job site. • Cutting, sealing, or framing of roof, for any and all required penetrations. Unloading of equipment from freight lines. • Touch-up painting of equipment. • Supply of additional gas regulator(s), which may be required to assure proper gas pressure to attachment point on Col -Met supplied equipment. • Supply of additional motor disconnects, which might be required by local authorities or unique installation circumstances. • Supply of additional safety related equipment not specifically mentioned in the body of this proposal. PROPOSED ADDITION TO PROPOSAL Proposal is valid for 45 days from the date of proposal. After 45 days, all pricing will be reassessed for validity. Any changes from the terms of this proposal must be in writing; Col -Met Engineered Finishing Solutions does not recognize any oral changes, additions or deletions from or to this original proposal. Any oral changes must be submitted to the company in writing, and approval by an officer of the company before such changes become a part of this proposal. Inside Sales Col -Met Engineered Finishing Solutions Agenda Page 35 CITY OF ALBERTVILLE WRIGHT COUNTY, MINNESOTA ORDINANCE NO.2019- AN ORDINANCE AMENDING TREE OFFICIAL ZONING MAP OF TIIE CITY OF ALBERTVILLE, RELATING TO THE STANGLER PROPERTY LOCATED AT 6737 LABEAUX AVENUE IN THE CITY OF ALBERTVILLE THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS: SECTION 1. The Albertville Zoning Map shall be amended, relating to property legally described as: 5tangler Property, PID 4 101500351402 and 10 15003 51404, Wright County, Minnesota SECTION 2. The lots shall be rezoned from B-2A, Special Business District to PUD, Planned Unit Development/B-2A, Special Business District in order for the City to define the range of appropriate land uses and development performance standards unique to the property, subject to the following conditions: Within the approved PUDIB-2A, permitted land uses shall be limited to the following: All permitted uses allowed within the B-2A .Zoning District. Any change of use from existing conditions shall be processed through the appropriate development applications called for by the Albertville Zoning Ordinance. 2. Within the approved PUDIB-2A, permitted accessory uses shall be limited to the following: a. All permitted accessory uses allowed within the B-2A Zoning District. Any change of use from existing conditions shall be processed through the appropriate development applications called for by the Albertville Zoning Ordinance. 3. Within the approved PUDIB-2A , permitted conditional uses shall be limited to the following: a. All permitted conditional uses allowed within the B-2A Zoning District. Any change of use from existing conditions shall be processed through the appropriate development applications called for by the Albertville Zoning Ordinance. Agenda Page 36 EXHIBIT F City of Albertville County of Wright Ordinance No. 2019-OOX b. Light Manufacturing or assembly of a wide variety of products, that will not produce exterior noise, glare, fumes, obnoxious products, byproducts or wastes or creates other objectional impact to the surrounding properties or street right of ways. 1) Required parking for the use shall be of a paved surface. 2) On site loading and delivery shall meet the conditions of section 3) All trash and or recycling equipment shall be located within a trash enclosure or within the building. 4) Proposed industries shall demonstrate that they will not produce exterior noise, glare, fumes, obnoxious products, byproducts or wastes or creates other objectional impacts or nuisances on the adjoining properties or the environment. 4. Outdoor Storage Areas as an Interim Use Permit provided that: a. The outdoor storage area shall meet all of the performance standards of section 1000.7 of City Code. b. The outdoor storage area meets fighting standards set forth in Section 1000.15 B.S. of City Code. 5. Prohibited Uses include all those set forth in Section 4350.5 of the 13-2A Zoning District. 6. The minimum lot and setbacks of Section 4350.8 of the B-2A Zoning District shall apply. 8. The maximum building height shall follow the regulations in Section 4350.7 of the 13-2A Zoning District. 9. Any and all permitted, conditional, and accessory uses allowed within the 13-2A Zoning District shall meet the special landscaping requirements of Section 4350.8 of the Albertville Zoning Ordinance. 10. Any and all permitted., conditional, and accessory uses allowed within the B-2A Zoning District shall meet the architectural standards of Section 43350.9 of the Albertville Zoning Ordinance. 11. All new tenants will have to provide enough parking for their specific land use and follow all off street parking requirements set forth in Chapter 1200 of City Code. 12. Tenants shall meet all applicable requirements of the Minnesota Pollution Control Agency and City Building and Fire Codes. Agenda Page 37 City of Albertville County of Wright Ordinance No. 2019-DOX 13. Exhaust fans are a nuisance and not allowed on site. THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY FOLLOWING ITS PASSAGE AND PUBLICATION. Approved by the Albertville City Council this 9 day of May, 2019. Jillian Hendrickson, Mayor Kim Hodea, City Clerk Agenda Page 38 PAINT ARRESTANCE FILTER TEST REPORT Spray Removal Efficiency & Paint Holding Capacity BASED ON 40 CFR PART 63 NATIONAL EMISSION STANDARD Tested for: COL -MET Filter Mfr.: COL -MET Filter Name: 5100 Series 9 Pads in series: 1 Paper: O V-S Report#./Test# R 832CM T 932 Report Date: January 27, 2019 Test Information FILTER DESCRIPTION: (20x20 } 6 Layers of honeycomb paper, 1 layer of heavy poly FAINT DESCRIPTION: High Solids Baking Enamel (S�W. #1 Permaclad 2400, red) PAINT SPRAY METHOD: Conventional Air Gun at 40 PSI SPRAY FEED RATE: 143 gr,Anin. 136 cc./min. AIR VELOCITY: 160 FPM Test Results INITIAL PRESSURE DROP of Clean Test Filter 0.03 in. water FINAL PRESSURE DROP of Loaded Test Filter 0.15 in. water WEIGHT GAIN on TEST FILTER & Test Frame Trough 3917 gram PAINT HOLDING CAPACITY of TEST FILTER 1758 grams = 3.9 lbs, PAINT RUN-OFF 2159 grams WEIGHT GAIN on FINAL FILTER 6.5 grams = PENETRATION AVERAGE REMOVAL EFFICIENCY of TEST FILTER 99.83 % Test Engineer: Jose Tizcareno Supervising Engineer: K. C. Kwok, Ph.D. 0.5 Clean Filter C 0.4 -- 0.3 _E E 2 0.2 0.1 a. o.n 0 50 100 150 200 250 300 Air Velocity (FPM) 0,5 Pressure Drop 0,4 c 0.3 0 0.2 U 0.1 0.0 0 1000 2000 3000 4000 5000 6000 Wt. Paint Fed (g.) 10 Penetration ,=' g t7 6 3 L 4 2 s 0 0 1000 2000 3000 4000 5000 6000 Wt. Paint Fed (S.) %Removal Efficiency 100 80 60 G 40 L CY °- 20 0 0 1000 2000 3000 4000 5000 6000 Wt. Paint Fed (g.) Tel.: (952) 918-9060 I -MS Tecnnologles, Inc. AgerWM Owdi'319 Bloomington, N55439 Fax: (952) 919-9061 - 0 k N > �w c,co=k==ef' L3o< W.�.:==_�.wp_ g �,6 •3-_`_�S�'��__ . W o cc �W cz i 01 .i-5 w a NV3 j0 d01 =W6 z-,O1 - - 0 a � m 0 tl'� 1LU W R ' m N o a N rn �IH-113H 9NSI80M ,0l o d-,01 m W c� z � o � 0N1N3d0 8V370 ,91/L 9—,6 $ ww wo��Za C o68� ¢ N agna m i v HE HN ❑o�z � so9�� w F'gg' [§2;z \� lot } / 2 to loci \§§§E & [( COP - (! )!)\£ �:0n \)\ § U L-u It � uk �k q w 2k�\k 'S � -cc �®�0 LLJ 0) ¢C4 It 0 #2q�Q q k\�oKb$\ \��Q«c n ■ � C) to b CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO.2019-04 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ALBERTVILLE, RELATING TO THE STANGLER PROPERTY LOCATED AT 6737 LABEAUX AVENUE IN THE CITY OF ALBERTVILLE The City Council of the City Of Albertville, Minnesota Ordains: SECTION 1. The Albertville Zoning Map shall be amended, relating to property legally described as: Stangler Property, PID # 101500351402 and 101500351404, Wright County, Minnesota SECTION 2. The lots shall be rezoned from B-2A, Special Business District to PUD, Planned Unit DevelopmentB-2A, Special Business District in order for the City to define the range of appropriate land uses and development performance standards unique to the property, subject to the following conditions: Within the approved PUDB-2A, the PUD is consistent to the site plan (Exhibit A) and shall follow the conditions set forth below: a. All future tenant changes shall meet all building and fire code requirements for their building occupancy classification prior to occupancy. b. The site shall abide by all B-2A zoning restrictions. c. Rigs to Rods must pursue and have a conditional use permit and certificate of occupancy approved to remain in the building. d. The applicant shall demonstrate adequate utility services for the proposed uses. If the private systems do not meet code, then connection to city utilities will be required. e. The parking shall be consistent to the submitted site plan with the following conditions: 1) The number of require parking stalls shall be determined by the tenant mix and use of floor space. 2) The- parking area shall be dimensioned and striped per city code. Disability parking shall be designated and striped accordingly. 3) The parking area on the east side of the building shall be designed and constructed in full compliance with city code. Without construction Agenda Page 42 City of Albertville Meeting of June 3, 2019 Ordinance No. 2019-04 Page 2 details at this time, this parking area is not approved with this development application. 4) All areas beyond the approved parking areas shall be grassed and landscaped to define the boundaries of the approved parking area. Applicant shall provide a landscape plan that establishes a schedule for establishment of these turfed areas. f. Outdoor storage as shown on the site plan is not approved with application. Consideration of the outdoor storage shall be under a separate future conditional use permit that is accompanied with plan details the response to the performance standards for this use. g. PS Deck shall pursue and obtain any necessary building and fire code approvals and a certificate of occupancy. 2. Within the approved PUD/B-2A, any future building expansions above and beyond the site plan must meet city code and follow the PUD/B-2A regulations. 3. Within the approved PUDB-2A, permitted land uses shall be limited to the following: a. All permitted uses allowed within the B-2A Zoning District. Any change of use from existing conditions shall be processed through the appropriate development applications called for by the Albertville Zoning Ordinance. 4. Within the approved PUDB-2A, permitted accessory uses shall be limited to the following: a. All permitted accessory uses allowed within the B-2A Zoning District. Any change of use from existing conditions shall be processed through the appropriate development applications called for by the Albertville Zoning Ordinance. 5. Within the approved PUDB-2A , permitted conditional uses shall be limited to the following: a. All permitted conditional uses allowed within the B-2A Zoning District. Any change of use from existing conditions shall be processed through the appropriate development applications called for by the Albertville Zoning Ordinance. b. Light Manufacturing or assembly of a wide variety of products, that will not produce exterior noise, glare, fumes, obnoxious products, byproducts or wastes or creates other objectional impact to the surrounding properties or street right of ways. 1) Required parking for the use shall be of a paved surface. 2) On site loading and delivery shall meet the conditions of chapter 1300 of the Albertville Zoning Code. 3) All trash and or recycling equipment shall be located within a trash enclosure or within the building. 4) Proposed industries shall demonstrate that they will not produce exterior noise, glare, fumes, obnoxious products, byproducts or wastes or creates other objectional impacts or nuisances on the adjoining properties or the environment. Agenda Page 43 City of Albertville Meeting of June 3, 2019 Ordinance No, 2019-04 Page 3 6. Outdoor Storage Areas as an Interim Use Permit provided that: a. The outdoor storage area shall meet all of the performance standards of section 1000.7 of Albertville Zoning Code. b. The outdoor storage area meets lighting standards set forth in Section 1000.15 B.5. of Albertville Zoning Code. 7. Prohibited Uses include all those set forth in Section 4350.5 of the B-2A Zoning District. 8. The minimum lot and setbacks of Section 4350.8 of the B-2A Zoning District shall apply. 9. The maximum building height shall follow the regulations in Section 4350.7 of the B-2A Zoning District. 10. Any and all permitted, conditional, and accessory uses allowed within the B-2A Zoning District shall meet the special landscaping requirements of Section 4350.8 of the Albertville Zoning Code. 11. Any and all permitted, conditional, and accessory uses allowed within the B-2A Zoning District shall meet the architectural standards of Section 4350.9 of the Albertville Zoning Code. 12. All new tenants will have to provide enough parking for their specific land use and follow all off street parking requirements set forth in Chapter 1200 of the Albertville Zoning Code. 13. Tenants shall meet all applicable requirements of the Minnesota Pollution Control Agency and City Building and Fire Codes. This amendment shall be in full force and effective immediately following its passage and publication. Approved by the Albertville City Council this 3rd day of June, 2019. ATTEST: Kimberly A. Hodena, City Clerk Jillian Hendrickson, Mayor Agenda Page 44 1bertville ft Mayor and Council Communication May 30, 2019 SUBJECT: PUBLIC WORKS - SWIMMING POOL FENCES RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following communication as an update on the resident request to install an in -ground swimming pool at their property at 7032 LaSalle Circle. No action is required. BACKGROUND INFORMATION: Craig and Jenny Koterba are proposing to install an in - ground swimming pool at their property at 7032 LaSalle Circle. Their rear yard is surrounded by a four foot boundary line fence and the proposed pool will have an Eclipse Safety cover which will prevent access to the pool when not in use. With the existing fence and proposed safety cover over the pool, they requested relief from the city requirement for a five foot fence around swimming pools. The city code notes; "All swimming pools for which a building permit is required shall be provided with safeguards to prevent children from gaining uncontrolled access. This can be accomplished with fencing or other enclosure, or any combination thereof, of sufficient density as to be impenetrable." Based on Staff s review of the request and measures to secure the pool, we find the Koterbas satisfy the zoning code requirements for securing access to the pool. The need for the 5 foot tall fence will be waived. KEY ISSUES: • The current zoning code requires a pool to be safeguarded to prevent uncontrolled access. The current zoning code allows a variety of means to prevent uncontrolled access. Fencing is one option. The combination of a four foot fence and the pool safety cover provide an impenetrable obstacle to access the pool. POLICY/PRACTICES CONSIDERATIONS: Based on the language of the current City Zoning Code, staff interprets the code to offer some flexibility in how pool access may be controlled. The means being pursued by the Koterbas meet code. FINANCIAL CONSIDERATIONS: The staff s code interpretation of the swimming pool code requirements avoids the need to replace or alter the existing fence which is a cost savings to the property owner. Submitted Through: Adam Nafstad, City Administrator-PWD On File: Koterba's email P:ACity Council\Council Packet Information\2019\060319\2019-06-03 Pool Fence Height.docx Meeting Date: June 3, 2019 45 Nbertville S-0Town ft�U.. Mayor and Council Request for Action May 29, 2019 SUBJECT: PUBLIC WORKS - DRIVEWAY AND SANITARY SEWER IMPROVEMENT ASSESSMENTS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Authorized staff to enter into a Special Assessment Agreement with the property owners of 10271 Karston Avenue NE for repairs to utility services and driveway improvements for an amount not to exceed $9,500. BACKGROUND: The property owners are located on the 2019 Street and Trail Improvements projects and desire to be included in the Driveway Improvement Program, where improvements made to a private driveway are financed by the city and paid back through a 5-year special assessment on the property. The property owners would also like to incorporate repairs to their sewer service located beneath the driveway. The estimated cost of both the utility related work and the driveway is $9,350. The contractors performing the work are Meiney's Diggers and Omann's Paving. KEY ISSUES: • The City has the statutory right to special assess improvements. • The City's Driveway Replacement Program requires Council approval for special assessment agreements exceeding $8,000. The special assessment agreement will be reviewed by the City Attorney. FINANCIAL CONSIDERATIONS: City staff has reviewed and recommends approval of the special assessment. The amount certified will be paid over a period of 5 years and bear interest at a rate of 6% per year. Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: (none) P:ACity Council\Council Packet Information\2019\060319\2019-06-03 Driveway & Sanitary Sewer Assessment.docx Meeting Date: June 3, 2019 46 �lb-ertvilliE Mayor and Council Communication May 30, 2019 SUBJECT: PUBLIC WORKS - REQUEST BY .TACK BRANDES TO CONSTRUCT A DRIVEWAY OVER SEWER AND WATER SERVICES AT 11588 LAKETOWNE VIEW NE - LOT 3, BLOCK 7 OF TOWNE LAKES RECOMMENDATION: City staff recommends the request be denied and offers the following possible actions: A. Motion to approve the request to allow Lot 3, Block 7 to be developed with the garage on the east side of the lot and allowing the water and sewer services to be under the driveway based on B. Motion to deny the request to allow Lot 3, Block 7 be developed with the garage on the east side of the lot and the water and sewer services under the driveway based on a finding that the request is not consistent with the approved development plans for the lot and is inconsistent with city policy and practice. BACKGROUND: Mr. Brandes' has submitted an application for a single family home permit at 11588 Laketowne View NE, which has subsequently been denied by the city given it is not consistent with the development plans for the lot and creates a conflict between the sewer and water services and the proposed driveway. The approved development plans call for the garage to be located on the west side of the lot. Mr. Brandes' request is to allow the garage to be constructed on the east side of the lot, as it better suits his home and window layout. This item was before the Council at the April 15, 2019 City Council meeting and failed for a lack of a motion to approve. Mr. Brandes has since requested to be placed on the agenda for Council to review this item again. Attached are materials Mr. Brandes has asked to be reviewed at the meeting. KEY ISSUES: Mr. Brandes is requesting a change from the approved Towne Lakes development plans. City staff does not believe approval would be in the best interest of the city or the property owner. The City works to limit conflicts between utilities and driveways, as repairs and replacement generally cause greater inconvenience and higher costs. POLICY/PRACTICES CONSIDERATIONS: Development plans, such as grading, drainage and utility plans are prepared, reviewed, and approved as part of the city's subdivision process. It is the city's practice to limit driveway and service set conflicts during preliminary plat review and approval. Once approved, generally, the plans are followed unless approved otherwise by the city. The city does allow driveways to be constructed over service sets when it is believed to be the best option, or only option, for the lot. Often, corner lots have services beneath the P:ACity Council\Council Packet Information\2019\060319\2019-06-03 Brandes Driveway.doex Meeting Date: June 3, 2019 47 Mayor and Council Request for Action — June 3, 2019 Brandes Driveway Request Page 2 of 2 driveway to maintain separation from intersecting streets. Likewise, lots on cul-de-sacs have service sets beneath driveways due to limited road frontage. FINANCIAL CONSIDERATIONS: The City is responsible for repair and maintenance of water services from the watermain to and including the curb stop. When a repair is needed for a service in a driveway, the City is responsible for the cost to patch or replace the driveway. Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: Letter and information from Mr. Brandes P:ACity Council\Council Packet Information\2019\060319\2019-06-03 Brandes Driveway.doex Meeting Date: June 3, 2019 48 Dear Albertville City Council, The building permit for my home will not be granted due to water shutoff in driveway with the explanation being "it's not allowed by the city." I cannot find a specific code or ordinance referencing this unlike other neighboring cities (see example below for City of Otsego). https://www.ci.otsego.mn.us/vertical/Sites/%7B5E9EA6DA-857D-4088-B396- 1EBOF2DBA26D%7D/uploads/Curb Stop Valve Risers within Driveways.adf 1. There are many instances of water/sewer shutoffs in driveways/sidewalks within the Towne Lakes neighborhood at the following addresses (few examples attached): 0 6712 Lakeview Circle (in driveway) 0 6622 E Laketowne Drive (in driveway) 0 6459 E Laketowne Drive (curb stop exposed within 12" of driveway) 0 6658 & 6644 Lamplight Drive (in concrete sidewalk and front step) 0 6472 W Laketowne Drive (in concrete sidewalk) 0 11607 E Laketowne Drive (in concrete sidewalk) 0 11611 Laketowne View NE (in concrete front step) The other issue that came up was that my driveway location (right side of lot) does not match the original development "master plan." 2. 1 have found at least 17 instances of driveway locations not matching the original "master plan" throughout Towne Lakes (few examples attached): o Lot 1 Block 6 Towne Lakes 1st Addition o Lot 4, 5, & 6 Block Towne Lakes 1st Addition o Lot 1 & 5 Block 8 Towne Lakes 1st Addition o Lot 2 & 7 Block 6 Towne Lakes 2nd Addition o Lot 5 & 7 Block 5 Towne Lakes 2nd Addition o Lot 4 Block 4 Towne Lakes 2nd Addition o Lot 8 Block 8 Towne Lakes 2nd Addition o Lot 2 Block 2 Towne Lakes 2nd Addition o Lot 1 & 5 Block 7 Towne Lakes 2nd Addition I have requested the city ordinance or codes as well as the explanations of why other homes have been allowed to go against the "master plan" numerous times. These have yet to be provided to me. If we were required to flip flop our home plan, the following would occur: • Remove the large tree in the boulevard (this was not brought up at the city council meeting but there is a tree planted. • Next door neighbor's hedges will be disrupted and most likely die due to proximity (landscaping is very important to the Towne Lakes neighborhood and association). • At least 2 different utilities would have to be moved including: a 2'x3' concrete box installed 10.5' on left side of property & fiberglass box installed 19' from left side of property (both which would be in my driveway). Still have no explanation on what the 2'x3' concrete box actually is. • Loss of natural sunlight in our home which the plan was specifically designed to maximize. • Personal loss of approximately $2,000.00 (redraw plans, new certificate of survey, remove and haul tree from boulevard). Agenda Page 49 Again, I ask the City Council to allow my home plans to stay as -is and grant my building permit. Otherwise, please provide the city code/ordinance to these water shutoffs and explanations for the other homes having shutoffs in driveways/sidewalks and reasoning for allowing the homes to deviate from the "master plan". Sincerely, Jack & Alison Brandes 320-260-1647 11588 Laketowne View NE Agenda Page 50 0 hl 31, 11'���!�IIIIII =1 C 0 fi `L ,rj c'rr &G�) f-t%'T • 1 i�' I/�Z���Cy�� � y �L � r , �• � ♦ r or _ �• •. - -, I jol It ' { � • f r � ��• '-. fad' ," {�.y_1..,,1 ' Ar j"� 1f • �' '; .14 y Fa ffz,-Ir -.( I i An in ■■ WE r�ww�w� 1 co d f4 IL co V C d a c SZ 1_ 0 �lb-ertvilliE Mayor and Council Request for Action June 3, 2019 SUBJECT: FIRE DEPARTMENT— PURCHASE OF 8 SETS OF TURNOUT GEAR RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following: MOTION TO: Authorize the purchase of 8 sets of turnout gear for the Fire Department. BACKGROUND: The Fire Department's turnout gear is part of a planned rotation of equipment and budgeted in the Fire Department's capital plan. On 4/l/2019, the Fire Department responded to a call for service where a vehicle had crashed into a garage, trapping the driver in the vehicle. Upon entering the garage, the vehicle hit a 5- gallon bucket of green paint, sending the paint all over the rescue scene. The 5 firefighters that worked to free the driver from the vehicle, had paint all over their turn -out gear when they exited the scene. The wet paint adhered to the exterior fibers of the turn -out gear and was not able to be washed off, either by hand or by using the gear washer/extractor. Of the 5 sets of damaged gear, 4 of the sets were less than 2-years old. The Fire Department submitted an insurance claim for $13,375 for the damaged gear with the City's insurer. After sending the turn -out gear to a third party cleaner, who condemned the damaged gear for use, the insurance claim was approved, and the City of Albertville received a reimbursement check for $10,875. Additionally, the Fire Department has been purchasing new turn -out gear for new firefighters after they pass their initial training and become paid -on -call firefighters. The turn -out gear is individually sized as required by NFPA guidelines and should have a lifespan of 10-years. There are currently three new members that meet this criterion, and the Fire Department is ready to order their new gear. The Fire Department is requesting Council approve the replacement of the 5 sets of damaged gear, and new gear for the three new firefighters. The cost for 8 sets of turnout gear is $21,400. The insurance claim reimbursement of $10,875 will be used towards the purchase. The remaining balance for the 8 sets of turnout gear ($10,525) will be funded as a planned purchase and will come from the Fire Department's capital budget. Staff is recommending approval of the purchase of 8 sets of turnout gear for the Fire Department. P:ACity Council\Council Packet Information\2019\060319\2019-06-03 Fire Turnout Gear RCA.docx Meeting Date: June 3, 2019 Agenda Page 60 Mayor and Council Request for Action — June 3, 2019 Purchase of Turnout Gear Page 2 of 2 KEY ISSUES: • The Fire Department Board of Officers has reviewed the purchase and is recommending Council action. • $10,875 of the purchase will be covered by reimbursement from an insurance claim. • The remaining $10,525 will come from the Fire Department's capital budget. • The equipment purchase will allow for replacement of previously damaged and now condemned gear. • The turnout gear is individually sized and should have a working life of 10-years. • The purchase of new turnout gear is a planned replacement and part of the capital plan of the Fire Department. POLICY CONSIDERATIONS: It is City policy for the Council to review and approve all capital purchases and investments. FINANCIAL CONSIDERATIONS: The cost associated with the turnout gear will be funded through a reimbursement from an insurance claim, with the remaining balance coming as a planned purchase and part of the Fire Department's capital budget. LEGAL CONSIDERATIONS: The City has the authority to purchase equipment under the State of Minnesota contract or by quotes. Responsible Person/Title: Eric Bullen, Fire Chief Submitted Through: Adam Nafstad, City Administrator-PWD P:ACity Council\Council Packet Information\2019\060319\2019-06-03 Fire Turnout Gear RCA.docx Meeting Date: June 3, 2019 61