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2021-06-21 City Council Agenda Packet A,lbertville City of Albertville Council Agenda Small Wing.Big City We. Monday, June 21, 2021 City Council Chambers 7pm 6:15 pm — Council Workshop for STMA School District Finance Presentation Due to COVID-19, the City Council will meet using a hybrid system of in-person and virtual electronic format. Those who wish to join the meeting via Zoom,please use the link below: Zoom Link: hgps://zoom.us/j/98170241546?pwd=VHpiWU9WUlIscnNkZFhFek56WHNTZzO9 Zoom Meeting ID: 9817024 1546 Passcode: 437176 Zoom Audio Number: 1-301-715-8592 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 Pages 3. Recognitions — Presentations -Introductions 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. Items pulled will be approved by a separate motion. A. Approve the June 7, 2021,regular City Council Meeting minutes as presented. 4-7 B. Authorize the Monday, June 21, 2021, payment of claims as presented, except bills 8 specifically pulled which are passed by separate motion. The claims listing has been provided to City Council as a separate document and is available for public view at City Hall upon request. C. Adopt Resolution No. 2021-028 authorizing the City of Albertville to apply for the Grant 9-10 Funds for Coronavirus Local Fiscal Recovery Fund established under the American Rescue Plan Act. D. Approve a Two-Day Temporary 3.2%Malt Liquor License for the Church of St. Albert's 11 Annual Parish Festival on Saturday, September 18, 2021, from 5 pm to 11 pm and Sunday, September 19, 2021, from 10 am to 5 pm. E. Approve a Lawful Gambling Exempt Permit Application for the Church of St. Albert's 12-14 annual Parish Festival that will be held on September 18 and 19, 2021, at the St. Albert Parish Center. 7. Public Hearing -None City of Albertville City Council Agenda Monday, June 21, 2021 Page 2 of 3 8. Wright County Sheriffs Office—Updates, reports, etc. 9. Department Business A. City Council 1. Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc) B. Building 1. Lawn Maintenance Policy Discussion 15-16 C. City Clerk 1. Major Temporary Outdoor Music Permit for Residential Property 17-19 2. Special Event Permit Application for the Church of St.Albert Annual St.Albert 20-21 Parish Festival (Motion to approve a Special Event Permit Application for the Church of St.Albert located at 11400 57`h Street NE for their annual St. Albert Parish Festival on September 18, 2021 from 5 to 11 pm and September 19, 2021 from 10 am to 5 pm) D. Finance 1. Purchase of a Card Access System for City Hall 22 (Motion to authorize the purchase and installation of a card access system for the Albertville City Hall for a total purchase amount not-to-exceed$11,000 includes the hardware installation, software program, software license and 100 key cards.) 2. Tort Liability Insurance Renewal 23-25 (Motion to not waive the City's monetary limits on tort liability established by Minnesota Statues, Section 466.04.) E. Fire-None F. Planning and Zoning 1. Regulations for Neighborhood Park Use 26-28 (Motion to adopt Ordinance No. 2021-08 amending the Albertville City Code, Title 8, Chapter 3, Section 8-3-2 Regulations for all City Parks in the City of Albertville.) 2. The Preserve at Albertville—Amend Zoning Map, Creation of PUD Zoning 29-78 District, Preliminary Plat and Building Plan Review (Motion to adopt Resolution No. 2021-029 approving the request of Integrate Properties for a zoning map amendment, zoning text amendment,preliminary plat and PUD development stage site and building plans for the project entitled Preserve at Albertville.) 3. Cemetery Structure Setbacks 79-83 (Motion to adopt Ordinance No. 2021-09 amending the Albertville Zoning Chapter 4850, P/I Public/Institutional Zoning District related to setbacks applicable to Cemeteries) City of Albertville City Council Agenda Monday, June 21, 2021 Page 3 of 3 F. Planning and Zoning -Continued 4. Thrift Store and Secondhand Store Regulations 84-91 (Motion to adopt Ordinance No. 2021-10 amending the Albertville Zoning Code relating to the definition and regulation ofThri Stores/Secondhand Stores within the City's Commercial Zoning Districts.) G. Public Works/Engineering—None H. Legal-None L Administration -None 10. Announcements and/or Upcoming Meetings June 26 Joint Powers Water Board, 6 pm Parks Committee, 7 pm July 6 City Council, MEETING CANCELLED July 12 STMA Arena Board, 6 pm July 13 Planning Commission, 7 pm July 19 Council Budget Workshop, 6 pm July 19 City Council, 7 pm July 26 Joint Powers Water Board, 6 pm Parks Committee, 7 pm August 2 Council Budget Workshop, 6 pm August 2 City Council, 7 pm 11. Adjournment Nbcrtville ALBERTVILLE CITY COUNCIL DRAFT REGULAR MEETING MINUTES ,Tune 7,2021 —7 pm Council Chambers Albertville City Hall 1. Call to Order Acting Mayor Olson called the meeting to order at 7:02 pm. 2. Pledge of Allegiance— Roll Call Present: Acting Mayor Olson, Councilmembers Hendrickson, Hudson and Zagorski Absent: Mayor Hendrickson Staff Present: City Administrator-PWD Nafstad, Finance Director Lannes and City Clerk Luedke. 3. Recognitions—Presentations—Introductions -None 4. Public Forum There was no one present for the public forum. 5. Amendments to the Agenda MOTION made by Councilmember Hudson, seconded by Councilmember Cocking to approve the June 7, 2021, agenda as submitted. Ayes: Cocking, Hudson, Olson and Zagorski.Nays: None. Absent: Hendrickson. The motion 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. Items pulled will be approved by a separate motion. A. Approve the May 17, 2021, regular City Council Meeting minutes as presented. B. Authorize the Monday, June 7, 2021, payment of claims as presented, except bills specifically pulled which are passed by separate motion. The claims listing has been provided to City Council as a separate document and is available for public view at City Hall upon request. C. Approve a Community Festival Permit for Neighbors Eatery and Saloon for June 10 to June 13, 2021. D. Approve a Special Event Permit for The Hen and The Hog located at 5262 Kyler Avenue NE, Suite #111 for their Albertville Friendly City Days event to be held on June 11, 2021 from 3 pm to 10 pm and June 12, 2021 from 11 am to 10 pm. E. Approve an On-Sale Temporary Liquor License for Humble and Kind, an Alzheimer's Foundation for June 11 and June 12, 2021 for the Hen and The Hog's Friendly City Days event located at 5262 Kyler Avenue NE, Suite 4111. F. Authorize the Hiring of Tomas Stubbe and True Vang for the positions of Reserve Firefighter with the Albertville Fire Department. Agenda Page 4 City Council Meeting Draft Minutes Page 2 Regular Meeting of June 7,2021 6. Consent Agenda -continued MOTION made by Councilmember Hudson, seconded by Councilmember Zagorski to approve the June 7, 2021, Consent Agenda as presented. Ayes: Cocking, Hudson, Olson and Zagorski. Nays: None. Absent: Hendrickson. The motion carried. 7. Planning and Zoning -None 8. Wright County Sheriff's Office—Updates,reports, etc. There were no updates from the Wright County Sheriff's Office. 9. Department Business A. City Council 1. Committee Updates (STMA Ice Arena,Planning, JPWB,Parks, Fire Board, FYCC) Councilmember Cocking provided an update from the STMA Steering Committee meeting which included information on the proposed school referendum. City Administrator Nafstad furnished additional information on the proposed levy amounts. Councilmember Cocking answered questions from the other Councilmembers. Acting Mayor Olson said that the Parks Committee meeting was canceled this month and added that FYCC had received a grant from United Way which was recently accepted by the board. 2. Consider Cancellation of July 6 City Council meeting There was Council discussion regarding the regularly scheduled July 6 City Council meeting. City Administrator Nafstad answered questions for Council regarding the proposed meeting cancellation. MOTION made by Councilmember Cocking, seconded by Councilmember Zagorski to cancel the regularly scheduled City Council meeting of July 6, 2021. Ayes: Cocking, Hudson, Olson and Zagorski.Nays: None. Absent: Hendrickson. The motion carried. B. Building—None C. City Clerk 1. Set Preliminary 2021 Budget Workshops City Administrator Nafstad said City staff would like to set the 2021 budget workshops to discuss the 2022 preliminary budget. There was Council discussion regarding the proposed budget workshop dates and the consensus was to set the workshops for July 19, August 2 and August 16, 2021 beginning at 6 pm. MOTION made by Councilmember Hudson, seconded by Councilmember Cocking to set workshops for July 19, August 2 and August 16, 2021 at 6 pm to discuss the 2022 preliminary budget if needed. Ayes: Cocking, Hudson, Olson and Zagorski. Nays: None. Absent: Hendrickson. The motion carried. 2. Set Council Workshop for STMA School District Finance Presentation City Administrator Nafstad suggested that the Council set a workshop for June 21 at 6:15 pm for the STMA School District to present the proposed school referendum. Agenda Page 5 City Council Meeting Draft Minutes Page 3 Regular Meeting of June 7,2021 2. Set Council Workshop for STMA School District Presentation -continued There was Council discussion regarding the STMA School District presentation and the consensus was to set the workshop for June 21 at 6:15 pm before the next regularly scheduled Council meeting. MOTION made by Councilmember Cocking, seconded by Councilmember Zagorski to set a Council Workshops for June 21, 2021 at 6:15 pm to discuss the possible school referendum.Ayes: Cocking, Hudson, Olson and Zagorski. Nays: None. Absent: Hendrickson. The motion carried. 3. Special Event Permit Application for Fehn Companies 50"Anniversary Party City Clerk Luedke presented the staff report which included details on Fehn's special event and answered questions from Council. City Administrator Nafstad answered questions from Council regarding the proposed road closure. There was Council discussion the special event permit application for Fehn Companies and the proposed road closure. MOTION made by Councilmember Zagorski, seconded by Councilmember Hudson to approve a Special Event Permit for Fehn Companies located at 5050 Barthel Industrial Drive for their 50th Anniversary Party to be held on June 10, 2021 from 3 pm to 7 pm. Ayes: Cocking, Hudson, Olson and Zagorski. Nays: None. Absent: Hendrickson. The motion carried. D. Finance 1. Purchase a New Fire Alarm System for the Public Works Building Finance Director Lannes presented the staff report which included background information on the current system and answered questions from Council. MOTION made by Councilmember Cocking, seconded by Councilmember Zagorski to authorize the purchase and installation of a new fire alarm system for the Albertville Public Works Building for a total purchase amount not to exceed$8,466.95. Ayes: Cocking, Hudson, Olson and Zagorski. Nays: None. Absent: Hendrickson. The motion carried. E. Fire—None F. Planning and Zoning -None G. Public Works/Engineering—None H. Legal—None I. Administration 1. Local Road Improvement Grant Award Discussion/Update City Administrator Nafstad said the City had applied for a local road improvement grant for the Barthel Industrial Drive project and was awarded $740,000. He said that the project would mostly likely begin in 2022. Mr. Nafstad said that a grant agreement will be necessary and it would be submitted to the Council for their approval at a later City Council meeting. He added that in 2022 the City would have two road improvement projects and answered questions for Council. Agenda Page 6 City Council Meeting Draft Minutes Page 4 Regular Meeting of June 7,2021 2. City Administrator's Update City Administrator Nafstad provided an update on the new City website and the construction schedule for the new skate park. He reminded the Council of the Albertville Friendly City Days social hour which was scheduled for June 10 at 5:30 pm. Announcements and/or Upcoming Meetings June 8 Planning Commission, 7 pm June 9-13 Albertville Friendly City Days June 14 STMA Arena Board, 6 pm June 21 City Council, 7 pm June 28 Joint Powers Water Board, 6 pm Parks Committee, 7 pm 10. Adjournment MOTION made by Councilmember Cocking, second by Councilmember Hudson to adjourn the meeting at 7:33 pm. Ayes: Cocking, Hudson, Olson and Zagorski. Nays: None. Absent: Hendrickson. The motion carried. Respectfully submitted, Kristine A. Luedke, City Clerk Agenda Page 7 �lbcrtviljc Mayor and Council Request for Action I f June 21, 2021 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 21, 2021, 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 determines to dispute the billing. Responsible Person: Tina Lannes, Finance Director Submitted through: Adam Nafstad, City Administrator-PWD Attachment: List of Claims (under separate cover) Agenda Page 8 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2021-028 A RESOLUTION TO AUTHORIZE THE CITY OF ALBERTVILLE TO APPLY FOR THE GRANT FUNDS FOR CORONAVIRUS LOCAL FISCAL RECOVERY FUND ESTABLISHED UNDER THE AMERICAN RESCUE PLAN ACT WHEREAS, since the first case of coronavirus disease 2019 (COVID-19)was discovered in the United States in January 2020, the disease has infected over 32 million and killed over 575,000 Americans ("Pandemic"). The disease has impacted every part of life: as social distancing became a necessity, businesses closed, schools transitioned to remote education, travel was sharply reduced, and millions of Americans lost their jobs; and WHEREAS, as a result of the Pandemic, cities have been called on to respond to the needs of their communities through the prevention, treatment, and vaccination of COVID-19; and WHEREAS, city revenues, businesses and nonprofits in the City have faced economic impacts due to the Pandemic; and WHEREAS, Congress adopted the American Rescue Plan Act in March 2021 ("ARPA") which included $65 billion in recovery funds for cities across the country; and WHEREAS,ARPA funds are intended to provide support to state, local, and tribal governments in responding to the impact of COVID-19 and in their efforts to contain COVID-19 in their communities, residents, and businesses; and WHEREAS,the United States Department of Treasury has adopted guidances regarding the use of ARPA funds; and WHEREAS, the City,in response to the Pandemic,has had expenditures and anticipates future expenditures consistent with the Department of Treasury's ARPA guidance; and WHEREAS,the State of Minnesota will distribute ARPA funds to the City because its population is less than 50,000. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Albertville, Wright County, Minnesota as follows: 1. The City intends to collect its share of ARPA funds from the State of Minnesota to use in a manner consistent with the Department of Treasury's guidance. 2. City staff, together with the Mayor and the City Attorney are hereby authorized to take any actions necessary to receive the City's share of ARPA funds from the State of Minnesota for expenses incurred because of the Pandemic. Agenda Page 9 City of Albertville Meeting of June 21,2021 Resolution No.2021-028 Page 2 3. City staff, together with the Mayor and the City Attorney are hereby authorized to make recommendations to the City Council for future expenditures that may be reimbursed with ARPA funds. Adopted by the City Council of the City of Albertville on this 21st day of June 2021. Jillian Hendrickson, Mayor ATTEST: Kristine A. Luedke, City Clerk Agenda Page 10 S"'"T°W"LA.g.Big City u". Mayor and Council Request for Action June 21, 2021 SUBJECT: CONSENT—CITY CLERK—CHURCH OF ST.ALBERT PARISH FESTIVAL TEMPORARY LIQUOR LICENSE RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following: MOTION TO: Approve a Two-Day Temporary 3.2%Malt Liquor License for the Church of St. Albert's Annual Parish Festival on Saturday, September 18, 2021, from 5 pm to 11 pm and Sunday, September 19, 2021, from 10 am to 5 pm. BACKGROUND: The Church of St. Albert is requesting a Two-Day Temporary 3.2%Malt Liquor License for their annual Parish Festival. The beer sales for Saturday, September 18 will be held inside the Parish Center and on Sunday, September 19 it will be outside under a tent and ID will be required. KEY ISSUES: • The Church of St. Albert has submitted the correct application and fee for a two-day temporary 3.2% malt liquor license. • Sale of the 3.2% malt liquor will occur on the grounds of the Parish Center. • For beer sales, the Church will use adult volunteers to ID anyone under the age of 40. • The Church has submited the required certificate of liquor liability insurance. • This is an annual event for the Church and Parish Center. FINANCIAL CONSIDERATIONS: There is minimal financial revenue collected from the applicant for the liquor license. LEGAL CONSIDERATIONS: The Mayor and City Council have the authority to review and approve or deny any liquor license. Responsible Person/Title: Kris Luedke, City Clerk Submitted through: Adam Nafstad, City Administrator-PWD Attachments: • Temp. 3.2%Malt Liquor License Application is on file in the City Clerk's office and is available upon request. Agenda Page 11 bert s�,�mi e��.,n IJyingfl1g C.vi1ley 1 Mayor and Council Request for Action , Ilh. June 21, 2021 SUBJECT: CONSENT-CITY CLERK-CHURCH OF ST.ALBERT LAWFUL GAMBLING PERMIT RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve the Church of St. Albert Lawful Gambling Exempt Permit Application for the annual Parish Festival that will be held on September 18 and 9, 2021, at the St. Albert Parish Center. BACKGROUND: The Church of St. Albert has submitted a Lawful Gambling Permit for their Parish Festival in the fall. The Church of St. Albert is a non-profit,religious organization that holds fund-raising events throughout the year. Their application for lawful gambling will allow them to conduct bingo, raffles,paddlewheels,pull tabs, and tip boards at the festival. The Parish Festival will be held on September 18 and 19, 2021 at the St. Albert Parish Center, located at 11458 57th Street NE. KEY ISSUES: • The Church of St. Albert is a qualifying non-profit organization. • The Parish Festival is an annual fund-raising event for the church. • The Minnesota Gambling Control Board ultimately issues this type of license, but requires City approval prior to issuing the license. FINANCIAL CONSIDERATIONS: There is no financial revenue collected from the applicant for the gambling permit. LEGAL CONSIDERATIONS: It is the City's policy to review and approve or deny gambling permit applications for gambling activity within the City. Responsible Person/Department: Kris Luedke, City Clerk Submitted through: Adam Nafstad, City Administrator-PWD Attachment: • Application for Lawful Gambling Permit Agenda Page 12 MINNESOTA LAWFUL GAMBLING 11/17 LG220 Application for Exempt Permit Page 1 of 2 An exempt permit may be issued to a nonprofit Application Fee (non-refundable) organization that: Applications are processed in the order received. If the application • conducts lawful gambling on five or fewer days, and is postmarked or received 30 days or more before the event,the awards less than $50,000 in prizes during a calendar year. application fee is $100; otherwise the fee is $150. If total raffle prize value for the calendar year will be Due to the high volume of exempt applications, payment of $1,500 or less, contact the Licensing Specialist assigned to additional fees prior to 30 days before your event will not expedite your county by calling 651-539-1900. service, nor are telephone requests for expedited service accepted. ORGANIZATION INFORMATION Organization Previous Gambling Name: Church of St. Albert Permit Number: X-00752-20-015 Minnesota Tax ID Federal Employer ID Number, if any: 9270004 Number(FEIN), if any: 41-0850708 Mailing Address: 11400 57th Street NE - PO Box 127 City: Albertville State: MN Zip: 55301 County: Wright Name of Chief Executive Officer (CEO): Father Joseph Zabinski CEO Daytime Phone:763-497-2474_ CEO Email: _ (permit will be emailed to this email address unless otherwise indicated below) Email permit to (if other than the CEO): rfay@churchofstalbert.org_ NONPROFIT STATUS Type of Nonprofit Organization (check one): = Fraternal =✓ Religious Veterans Other Nonprofit Organization Attach a copy of one of the following showing proof of nonprofit status: (DO NOT attach a sales tax exempt status or federal employer ID number, as they are not proof of nonprofit status.) See The Official Catholic Directory ❑ A current calendar year Certificate of Good Standing Don't have a copy? Obtain this certificate from: MN Secretary of State, Business Services Division Secretary of State website,phone numbers: 60 Empire Drive, Suite 100 www.sos.state.mn.us St. Paul, MN 55103 651-296-2803, or toll free 1-877-551-6767 ❑ IRS income tax exemption (501(c)) letter in your organization's name Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS toll free at 1-877-829-5500. IRS- Affiliate of national, statewide, or international parent nonprofit organization (charter)❑ If your organization falls under a parent organization, attach copies of both,of the following: 1. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling; and 2. the charter or letter from your parent organization recognizing your organization as a subordinate. GAMBLING PREMISES INFORMATION Name of premises where the gambling event will be conducted (for raffles, list the site where the drawing will take place): St. Albert Parish Center Physical Address (do not use P.O. box): 11458 57th Street NE Check one: �✓ City: Albertville Zip: 55301 _ _ _ County: Wright ❑Township: Zip: _ County: Date(s) of activity (for raffles, indicate the date of the drawing): September 19, 2021 Check each type of gambling activity that your organization will conduct: Bingo FV I Paddlewheels M Pull-Tabs ED Tipboards Raffle Gambling equipment for bingo paper, bingo boards, raffle boards, paddlewheels, pull-tabs, and tipboards must be obtained from a distributor licensed by the Minnesota Gambling Control Board. EXCEPTION: Bingo hard cards and bingo ball selection devices may be borrowed from another organization aut i bingo. To find a licensed distributor, go to www.mn.govlgcb and click on Distributors under the s a is sees tab, or call 651-539-1900. 11/17 LG220 Application for Exempt Permit Page 2 of 2 LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT (required before submitting application to the Minnesota Gambling Control Board) CITY APPROVAL COUNTY APPROVAL for a gambling premises for a gambling premises located within city limits located in a township The application is acknowledged with no waiting period, he application is acknowledged with no waiting period. The application is acknowledged with a 30-day waiting he application is acknowledged with a 30-day waiting period, and allows the Board to issue a permit after 30 days period, and allows the Board to issue a permit after (60 days for a 1st class city). 30 days. The application is denied. Dhe application is denied. Print City Name: Print County Name: Signature of City Personnel: Signature of County Personnel: Title: Date. Title: Date: TOWNSHIP (if required by the county) On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township The city or county must sign before limits. (A township has no statutory authority to approve or submitting application to the deny an application, per Minn. Statutes, section 349.213.) Gambling Control Board. Print Township Name: Signature of Township Officer: Title: Date: CHIEF EXECUTIVE OFFICER'S SIGNATURE (required) The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the financial report will be completed and returned to the Board within 30 days of the event date. Chief Executive Officer's Signature: . Date: (Signature mu a CE(5s signatur ;designee may not sign) Print Name: Father Joseph Zabinski REQUIREMENTS MAIL APPLICATION AND ATTACHMENTS Complete a separate application for: Mail application with: • all gambling conducted on two or more consecutive days; or a copy of your proof of nonprofit status; and • all gambling conducted on one day. application fee (non-refundable). If the application is Only one application is required if one or more raffle drawings are postmarked or received 30 days or more before the event, conducted on the same day. the application fee is $100; otherwise the fee is $150. Financial report to be completed within 30 days after the Make check payable to State of Minnesota. gambling activity is done: To: Minnesota Gambling Control Board A financial report form will be mailed with your permit. Complete 1711 West County Road B, Suite 300 South and return the financial report form to the Gambling Control Roseville, MN 55113 Board. Questions? Your organization must keep all exempt records and reports for Call the Licensing Section of the Gambling Control Board at 3-1/2 years (Minn. Statutes, section 349.166, subd. 2(f)). 651-539-1900. Data privacy notice: The information requested application. Your organization's name and ment of Public Safety;Attorney General; on this form(and any attachments)will be used address will be public information when received Commissioners of Administration, Minnesota by the Gambling Control Board(Board)to by the Board. All other information provided will Management&Budget,and Revenue; Legislative determine your organization's qualifications to be private data about your organization until the Auditor,national and international gambling be involved in lawful gambling activities in Board issues the permit. When the Board issues regulatory agencies; anyone pursuant to court Minnesota. Your organization has the right to the permit, all information provided will become order; other individuals and agencies specifically refuse to supply the information; however, if public. If the Board does not issue a permit,all authorized by state or federal law to have access your organization refuses to supply this information provided remains private,with the to the information; individuals and agencies for information,the Board may not be able to exception of your organization's name and which law or legal order authorizes a new use or determine your organization's qualifications and, address which will remain public. Private data sharing of information after this notice was as a consequence,may refuse to issue a permit. about your organization are available to Board given; and anyone with your written consent. If your organization supplies the information members, Board staff whose work requires requested,the Board will be able to process the access to the information; Minnesota's Depart- This form will be made available in al ernative f mat(i. . large print, braille) upon request. An equal opportunity employer �lbcrtvillc Mayor and Council Communication June 21, 2021 SUBJECT: BUILDING DEPARTMENT—LAWN MAINTENANCE POLICY DISCUSSION DUSCUSSION: This item has been added to the agenda to discuss the City's current policy regarding weeds, tall grass, and general lawn maintenance, and to discuss whether changes to the current policy or practice are needed. BACKGROUND: The Albertville City Code section 5-3-1 requires all property owners to maintain their lawn to a height of 12" or less. If the City is notified of a non-compliant property, a site inspection is completed to verify the height of the lawn. If the lawn is non-complaint, a one-time weed elimination notice letter is mailed to the owner and they are given five days from the date of the letter to address or complete the maintenance. After the five days, another site inspection is completed by City staff. If the property is still non-compliant, City staff puts the property on their schedule to be mowed and cleaned up by city crews. The property owner is charged for staff time and equipment use per the City fee schedule. Only one letter/notice is mailed out per season. If a property that has received a notice becomes non-compliant again within the same season, a site inspection is conducted to verify non-compliance,the City schedules and completed the maintenance, and again charges the property owner. Below is the number of weed letters issued per year as of June 2021. Year 1 2017 2018 2019 2020 2021 (as of 6/2/2021) Weed Letters Issued 1 54 70 46 109 51 KEY ISSUES: • Albertville's City Code requires all lawn/weeds to be mowed that are greater than 12 inches. • Property owners receive a weed elimination notice only once a season, after the one notice if it is non-complaint again, their property is mowed and they are fined throughout the season. • Many property owners take advantage of our current fees. • The City receives many complaints regarding dandelions and weeds; however, the code does not address weeds unless they are more than 12" in height. POLICY/PRACTICES CONSIDERATIONS: The City Council can amend the City Code regarding the weed elimination in the City of Albertville. FINANCIAL CONSIDERATIONS: The fee schedule for weed elimination is as follows: Mowing/weed $150.00 fee + $50.00/hour per man hours and$50.00/hour per piece of elimination equipment 1-hour minimum or full cost of contract work+tax Agenda Page 15 Mayor and Council Communication—June 21, 2021 Weed Elimination Discussion Page 2 of 2 Department/Responsible Person: Maeghan Becker, Building Department& Tim Guimont, Public Works Department Submitted Through: Adam Nafstad, City Administrator-PWD Agenda Page 16 �lbcrtvillc Small Town Wag.iNg City Lft. Mayor and Council Communication June 21, 2021 SUBJECT: CITY CLERK-TEMPORARY OUTDOOR MUSIC PERMIT FOR RESIDENTIAL PROPERTY RECOMMENDATION: Mr. Justin Anderson of 10541 61st Place NE is seeking an outdoor music permit, which is prohibited by City Code 5-5-3 as it is in a residential area. If the City Council desires to approve the permit,it is recommended the Council consider amending the ordinance to specify which residential properties, if not all, may be issued a temporary outdoor music permit. BACKGROUND: The City received a temporary outdoor music application from Mr. Justin Anderson for his property located at 10541 615t Place NE for July 1 Oth from 6 to 10 pm. Because his property is located in a residential zoning district, City staff notified Mr. Anderson that an outdoor musical performance would not allowed on his property due to permit requirements in the Albertville City Code. City staff has also informed other Albertville residents that have inquired into obtaining an outdoor music permit for their residential property that the Albertville City Code regulations would not allowed for one. According to City Code Section 5-5-3 Outdoor Musical Performances, a major live outdoor music permit may be issued for a music event being held at an event venue or other commercial property specifically to provide live or recorded amplified music entertainment to a large assembly of persons. The following criteria shall apply to issuance of a live major outdoor musical performance permit: 1. Any person, organization, and/or entity shall be limited to a maximum of 2 major permits per year. No commercial property shall host more than 3 major events in a calendar year. 2. The permit applicant must pay a permit fee as set by the City Council by ordinance and provide information and/or a plan(s)that demonstrates that the site event will comply with the performance standards of this code. 3. The permit applicant must demonstrate that there will be adequate sanitary facilities for the event. 4. The permit applicant must demonstrate that there will be adequate security and fencing to control access to the event at the location of the outdoor musical performance. 5. The permit applicant must have sufficient off-street parking. The music event shall not occupy required parking for the principal use of the site. 6. The major outdoor musical performance must not interfere with other commercial and governmental activities or with the quiet enjoyment of residential property. 7. The stage, performers, speakers and amplifiers are located 300 feet from any residence located in a residential zoning district. 8. The stage, speakers, and amplifiers are arranged in a design and manner that does not directly broadcast music at or toward a residence within 300 feet of the stage. 9. Major outdoor music events shall be allowed between May 15th and October 15th and the live outdoor musical performance shall only occur on the dates and during the hours designated by the City Council. 10. Major outdoor music events shall not perform beyond 12 midnight. Agenda Page 17 Mayor and Council Communication—June 21, 2021 Temporary Outdoor Music Event Page 2 of 2 11. The volume of the outdoor musical performance must be reasonable. The permit holder shall comply with all requests of the Sheriff's Department to reduce volumes to mitigate nuisance complaints. 12. Failure to abide by these standards or the receipt of nuisance complaints may be grounds for denial of future major outdoor music permits for the property. KEY ISSUES: • The applicant's property is located within a residential zoning area and would not meet all of the requirements for a major live outdoor music permit. • The event would not be held at an event venue or other commercial property. • The stage, performers, speakers and amplifiers may be located within 300 feet of other residences. • The applicant requested that his temporary outdoor music permit application be submitted to the City Council. • The applicant is located on a large lot that would likely provide for sufficient off-street parking. • The anticipated number of people attending the outdoor event is 100. POLICY/PRACTICES CONSIDERATIONS: The Mayor and City Council have the authority to approve or deny any temporary outdoor music permit. Responsible Person/Department: Kris Luedke, City Clerk Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: • Temporary Outdoor Music Application on file in the City Clerk's office. • Music Site Plan prepared by Applicant Agenda Page 18 Yn v/ CD m (0 CD C 1 Q �r �lbcrtvillc Mayor and Council Request for Action June 21, 2021 SUBJECT: CITY CLERK—SPECIAL EVENT PERMIT APPLICATION FOR THE CHURCH OF ST.ALBERT PARISH FESTIVAL RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve a Special Event Permit Application for the Church of St. Albert located at 11400 57th Street NE for their annual St. Albert Parish Festival on September 18, 2021 from 5 pm to 11 pm and September 19, 2021 from 10 am to 5 pm. BACKGROUND: St. Albert's Parish submitted a special event permit application for their church festival to be held on Saturday, September 18 and Sunday, September 19 in their church parking lot, lawn,parish center and parish center parking lot. The Festival will feature kid games, food trucks, bingo, racetrack pull tabs, a beer tent and in line silent auction. The Parish has also applied for a 3.2 malt liquor license for their two-day event. KEY ISSUES: • The event will be held in the church parking lot, lawn, parish center and parish center parking lot located at 11400 57th Street and 11458 57th Street NE on September 18 , 2021 from 5 pm to 11 pm and September 19, 2021 from 10 am to 5 pm. • The Church of St. Albert was applied for a 3.2 malt liquor permit for beer service during the 2 day event. • The Church is planning to contact mobile food units for their event. The mobile food units will need to apply with for a temporary mobile food unit license through the City. • The Church is requesting the closure of Lander Ave NE from 57th street to the roundabout in Central park during the event to utilize the road for the mobile food units and also for safety reasons. Closing Lander Avenue will require close coordination with the Dance Studio and Central Park as Lander Avenue provides the only exit for both. • The Church will be renting port-a-potties for this year's event. • Outdoor special events shall only occur between April 1 to November 1 of each year. POLICY/PRACTICES CONSIDERATIONS: Special events permits are subject to the approval of the City Council. LEGAL CONSIDERATIONS: The applicant shall comply with the regulations for a special event permit. Department/Responsible Person: Kris Luedke, City Clerk Submitted Through:Adam Nafstad, City Administrator-PWD Attachments: • The special event permit application is on file in the City Clerk's Office and is available upon request. • St. Alberts Parish Festival Outline Agenda Page 20 St. Alberts Parish Festival outline Who: St. Albert's Parishioners and open to the public When: Saturday September 18th at 5pm with an end time at 11pm and Sunday September 19th with a start time at 10am and ending at 5pm. There may be minimal setup and tear down outside those windows. What: Church Festival fundraiser and fellowship for not only parishioners of St. Alberts, but will be open to the public for anyone to join in. We will have kids' games including a children's inflatable on St. Alberts property outdoors, food trucks, Bingo, indoor raffles, cake walk, race track pull tabs, beer tent, craft corner, photo booth and online silent auction. This will all take place on Sunday. On Saturday the 18th, our plan is to have an outdoor family movie night in the church parking lot across from the Parish Center following a grill out of hot dogs and hamburgers that will be a Free-will donation. Inside the Parish Center we plan on having a card playing party such as 500 where we will have light snacks, beer for purchase and concessions of candy, soda and popcorn for both the family movie night participants and the inside card players. Where: St. Alberts church Parking lot, lawn, Parish Center and Parish Center parking lot. We may want to utilize the road between the church parking lot and the Parish Center for Food trucks if we are able to close down that road from 57th St. to the roundabout by the Albertville Lions Park. The food trucks I've contacted have said they have their permits that they need to be operational. All food sales will be purchased directly through the food truck vendor. Our plan is to have 5 total trucks, 3 main dish type of trucks and 2 dessert options. Ice cream truck won't be mobile, they'll be stationary like all the other trucks. We may utilize Sun Tents over the Bingo area, beer area and kids' games. These would likely all be located on Parish grounds and not on any public road. We have had Bingo on the road between the Parish center and the Church Parking lot when the city let us close down the road, but the plan is not to use that road for any events other than maybe Food Trucks. Beer sales for Saturday night would be inside the Parish Center. Sunday would be outside under a tent. ID will be required. We may also hire a craft beer sampling company that would be in charge of sales, otherwise our beer sales will be adult volunteers who will ID anyone under 40. Signage would just include yard signs of sponsors, banner with event name and perhaps electronic sign trailers advertising for the event. Everything would be on church grounds with the exception of the electronic signs and we will get approval from the City if we use those anywhere outside of Church Grounds ahead of time. Solid Waste we will have port-a-potties this year since we are expecting it to be more outdoors than indoors. In the past we have only had one but this year we may rent 3-4 both on parish parking lot on main street and in church parking lot. Agenda Page 21 lbertvill e Mayor and Council Request for Action June 21, 2021 SUBJECT: FINANCE -PURCHASE OF A CARD ACCESS SYSTEM FOR CITY HALL RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following: MOTION TO: Authorize the purchase and installation of a card access system for the Albertville City Hall for a total purchase amount not-to-exceed $11,000 (includes hardware, install, software program, software license and 100 key cards). BACKGROUND INFORMATION: The Albertville City Hall was constructed in 2007 and a card access system was installed. The card access system has recently had some hardware malfunctions resulting in the sporadic inability to make new key cards, change key cards and schedule when the doors are locked/unlocked. While examining the hardware issues, it has been determined the system needs to be replaced. Additionally, in 2020 the City upgraded their Microsoft server licenses and software from 2008 to 2019. With the card access system, the City was unable to upgrade the server it resides on to 2019 because the card access software was not compatible. With the purchase of the new card access system, the City will be able to complete the server upgrade. KEY ISSUES: • Malfunctioning hardware in the card access system at the City Hall has caused unreliable key cards, the inability to add key cards, and automatic door control issues. • The existing hardware at the City Hall is 14-years old. Normal service life for card access system hardware is 10-15 years. • Replacement of the entire card access system, at one time,is the only option at this time as technicians are unable to determine which part of the system hardware is failing intermittently. POLICY CONSIDERATIONS: It is City policy for the Council to review and approve all capital purchases and investments. FINANCIAL CONSIDERATIONS: The card access system purchase will be funded through general fund reserves. LEGAL CONSIDERATIONS: The City has the authority to purchase equipment under the State of Minnesota contract or by quotes. Responsible Person/Department: Tina Lannes, Finance Director Submitted Through: Adam Nafstad, City Administrator-PWD Attchments: • Quote and pricing on file and available upon request. Agenda Page 22 �lbcrtviljc Mayor and Council Request for Action I f June 21, 2021 SUBJECT: FINANCE-TORT LIABILITY INSURANCE RENEWAL RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Not waive the City's monetary limits on tort liability established by Minnesota Statues, Section 466.04. BACKGROUND: The City decided not to waive the monetary limits the past few years. Waiving the monetary limits increases exposure and raises the premium on an average of 3%. The League of Minnesota Cities Insurance Trust(LMCIT) requires "Cities obtaining liability coverage from the League of Minnesota Cities Insurance Trust must decide whether or not to waive the statutory tort limits to the extent of the coverage purchased. This decision must be made by the City Council. Cities purchasing coverage must complete and return this form to LMCIT before the effective date of the coverage." The City Council must make a decision to waive or not waive the statutory limits prior to the October 1, 2021 expiration/renewal date per LMCIT requirements in order for coverage to continue beyond that date. Upon submission of this "signed and dated" Waiver Form, the LMCIT will issue an Extension of Coverage Binder effective with a October 1, 2021 effective date. It usually takes more than thirty (30) days for the LMCIT to process a renewal application. The Extension of Coverage Binder assures the City of coverage beyond the October 1, 2021 renewal date. POLICY/PRACTICES CONSIDERATIONS: It is the City's policy to review and approve tort liability options annually. FINANCIAL CONSIDERATIONS: City staff has reviewed and recommends not waiving the tort liability. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to contract for insurance coverage including waiving the statutory tort liability limit. Responsible Person/Department: Tina Lannes, Finance Director Submitted Through: Adam Nafstad, City Administrator-PWD Attachment: • Liability Coverage—Waiver Form Agenda Page 23 0 LAGUE LMC MEN N ESOTA CITIES LIABILITY COVERAGE — WAIVER FORM Members who obtain liability coverage through the League of Minnesota Cities Insurance Trust (LMCIT) must complete and return this form to LMCIT before the member's effective date of coverage. Return completed form to your underwriter or email to pstech(almc.org. The decision to waive or not waive the statutory tort limits must be made annually by the member's governing body, in consultation with its attorney if necessary. Members who obtain liability coverage from LMCIT must decide whether to waive the statutory tort liability limits to the extent of the coverage purchased. The decision has the following effects: • If the member does not waive the statutory tort limits, an individual claimant could recover no more than $500,000 on any claim to which the statutory tort limits apply. The total all claimants could recover for a single occurrence to which the statutory tort limits apply would be limited to $1,500,000. These statutory tort limits would apply regardless of whether the member purchases the optional LMCIT excess liability coverage. • If the member waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could recover up to $2,000,000 for a single occurrence (under the waive option,the tort cap liability limits are only waived to the extent of the member's liability coverage limits, and the LMCIT per occurrence limit is $2,000,000). The total all claimants could recover for a single occurrence to which the statutory tort limits apply would also be limited to $2,000,000,regardless of the number of claimants. • If the member waives the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total all claimants could recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased,regardless of the number of claimants. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. LEAGUE OF MINNESOTA CITIES AgF5 \/Rag024✓enue West PH: (651) 281-1200 FX: (651) 281-1298 INSURANCE TRUST St. Paul, Minnesota SS103 TF: (800)925-1122 www.Imc.org LMCIT Member Name: Check one: The member DOES NOT WAIVE the monetary limits on municipal tort liability established by Minn. Stat. & 466.04. The member WAIVES the monetary limits on municipal tort liability established by Minn. Stat. 466.04,to the extent of the limits of the liability coverage obtained from LMCIT. Date of member's governing body meeting: Signature: Position: Agenda Pa� 25 �lbcrtvillc Small Town Wag.ffig ON Lft. Mayor and Council Request for Action June 21, 2021 SUBJECT: PLANNING AND ZONING—REGULATIONS FOR NEIGHBORHOOD PARK USE RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Adopt Ordinance No. 2021-08 amending the Albertville City Code, Title 8, Chapter 3, Section 8-3-2 Regulations for All City Parks in the City of Albertville. BACKGROUND: The City has experienced complaints regarding the use of City parks for business activities (sale promotions, tennis lessons, etc.), which have interfered with public access and the use of the neighborhood parks. Additionally,the city receives requests from groups such as lacrosse, rugby, cricket and others that would like to use fields that are not designed for that specific sport. These events/actions have resulted in City staff examining the City Code chapter regulations for the use and activities allowed in the City parks. KEY ISSUES: Title 8, Chapter 3 outlines the regulations pertaining to the use of the public parks in the City. The proposed Code amendment responses to the following issues. • The neighborhood parks are situated within the City's residential neighborhoods and are not designed (parking, activity areas,proximity to adjacent homes)to accommodate commercial uses or special events without impacting the park or adjoining properties. • The City has had complaints with regards to commercial tennis lessons monopolizing public tennis courts, not allowing for resident use. Additionally,the City receives requests to conduct business events, fundraisers, and private parties in neighborhood parks. • The proposed amendment repeals the current provision O that allows sales to occur in City parks with permission granted by the City Council. This current regulation will not allow private commercial activities to occur within any of the City neighborhood parks. • The new provision O prohibits commercial business activities, or special events in the neighborhood parks but allows special events/sales to occur in the Albertville Central/Lions Park with a special event permit when sponsored by a local non-profit organization. • Albertville Central/Lions Park is the exception to this restriction. Located in the center of the City,the park is equipped with parking, a park shelter, open space and separation from residential uses to allow for more intense uses and operations. (Friendly City Days, Farmer's Market, Sports Tournaments, etc.). In this light, this community park shall remain available for special events. • The proposed code amendment restricts the use of Central/Lions Park to special events sponsored by local non-profit organizations. The City has been approached by a non- local commercial concert booking agency asking to reserve the park for regular commercial concerts. City staff believes that this type of commercial booking, would Agenda Page 26 Mayor and Council Request for Action—June 21, 2021 Regulations for Neighborhood Park Use Page 2 of 2 reduce the park availability for residents and local non-profits to reserve and operate within the park. • The proposed code amendment attempts to further clarify that fields are to be used for the specific sports or use they were designed for. POLICY/PRACTICES CONSIDERATIONS: The Council is asked to review the draft ordinance and determine if the ordinance is appropriate and adequately addresses uses in the neighborhood parks in Albertville. LEGAL CONSIDERATIONS: The prohibition of private commercial uses and special events in neighborhood parks provides a clear explanation of uses. This may be posted at each of the parks to advise park users. Violators will be asked to leave the park or face fines and/or a misdemeanor charge. Department/Responsible Person: Alan Brixius, City Planner Submitted Through:Adam Nafstad, City Administrator-PWD Attachment: • Ordinance No. 2021-08 Draft Regulations For All Parks Code Amendment Agenda Page 27 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 2021-08 AN ORDINANCE AMENDING SECTION 8-3-2 OF THE ALBERTVILLE MUNICIPAL CITY CODE RELATING TO REGULATIONS FOR ALL PARKS The City Council of the City of Albertville,Minnesota hereby ordains: Section 1. The Albertville City Code Title 8, Chapter 3, Section 8-3-2, Regulations For All Parks is hereby amended repealing the strike out language and adding the following underlined language: Section 8-3-2, Regulations For All Parks 0- Sales Pefffiitsi Ne pefsen shall sell any af6ele whatevef, tiftless he shall ha-,�e a ple.-M..4" O. Private commercial business activities, special events and other activities defined in Title 4, Chapter 8, Section 4-8-1 of the Albertville City Code shall be prohibited in all City Parks except Albertville Central/Lions Park. Special events in Albertville Central/Lions Park shall be permitted for local non-profit civic organizations with an approved Outdoor Special Event permit in accordance with Title 4, Chapter 8 of the Albertville City Code. P. Games in Proper Areas: No person shall play any game of baseball, football, golf or other game therein, except in areas provided there-for, and designed for that specific sport or use. Section 2. This ordinance shall be effective upon its passage and publication. Adopted by the City Council of the City of Albertville on this 21st day of June, 2021. Jillian Hendrickson,Mayor ATTEST: Kristine A. Luedke, City Clerk Agenda Page 28 �lbcrtvillc Mayor and Council Request for Action June 21, 2021 SUBJECT: PLANNING AND ZONING—PRESERVE AT ALBERTVILLE—AMEND ZONING MAP, CREATION OF PUD ZONING DISTRICT, PRELIMINARY PLAT AND BUILDING PLAN REVIEW RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: adopt Resolution No. 2021-029 approving the request of Integrate Properties for a zoning map amendment, zoning text amendment, preliminary plat and PUD development stage site and building plans for the project entitled Preserve at Albertville. BACKGROUND: Integrate Properties LLC is pursuing a 70 lot single family development entitled Preserve at Albertville on a 40.39-acre site located along 50th Street between Main Avenue and County Road 19. The entire proposed development is intended to be under single ownership and management offering single family rental opportunities within Albertville. The subdivision proposes lots having a minimum lot width of 50 feet and minimum lot area of 6000 sq. ft. These lot dimension are smaller than the City's standard residential zoning district. To facilitate the development proposal the following development applications have been requested: 1. Zoning Map Amendment: Changing the zoning from R-1 Single Family Residential District to PUD Planned Unit Development. The PUD district is needed to allow flexibility in lot size and setbacks. 2. The creation of a PAA-PUD zoning district which will overlay the proposed subdivision and regulate land uses and performance standards within this PUD district. 3. PUD Development Stage site and building review. 4. Preliminary Plat. City Staff has reviewed the submitted applications and plan sets and prepared the June 1, 2021 planning report. KEY ISSUES: The Albertville Planning Commission met and held a public hearing on the Preserve at Albertville development applications on June 8, 2021, during the public hearing the following key issues were identified. • The Albertville Comprehensive Plan guides this site for low density residential use having a density range of 1 to 4 units per acre. The proposed subdivision has a net density of 3.27 units per acre of buildable land exclusive of wetlands. This proposed land use is consistent with the Albertville Comprehensive plan. Agenda Page 29 Mayor and Council Request for Action—June 21, 2021 Preserve at Albertville Applications Page 2 of 2 • The proposed development site is isolated from other land uses due wetlands and street corridors. These features provide physical separation from other neighborhoods allowing the change in lot size and density to occur in a manner compatible with surrounding land uses. • The PUD allows the City to establish zoning land use and performance standard specific to the subdivision which must be adhered to. Based on the small lot sizes, City staff review includes recommendations on prohibited uses and additional minimum performance standards. • The new development will not depreciate the area. • The subdivision will not overburden existing public services or utilities. • The subdivision is subject to the review of Wright County with regard to plat design and site access. The developer is responsible for any and all street improves required by the County or internal to the subdivision. A traffic study is being conducted which may offer additional recommended transportation improvements that must be addressed with the subdivision. • The Planning Report and Resolution outline needed changes and conditions recommended for the PUD and plat approval. POLICY/PRACTICES CONSIDERATIONS: In accordance with State law, a public hearing notice was published and the Albertville Planning Commission met on June 8, 2021 to conduct a public hearing on this development application. Upon hearing the staff report, taking public testimony, and considering the merits of the project, the Planning Commission recommended approval of the development requests, zoning map amendment, zoning text amendment preliminary plat and PUD development stage site and building plan. FINANCIAL CONSIDERATIONS: The approval of the subdivision will expand the local tax base and include payment of development fees associated the development of the site. LEGAL CONSIDERATIONS: In accordance with Council procedures, the Mayor and City Council have the authority to consider land use and zoning changes, and subdivisions. Department/Responsible Person: Alan Brixius, City Planner Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: • Resolution No. 2021-029 • Planning Report dated June 1, 2021 • Planning Report Exhibits Agenda Page 30 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2021-029 RESOLUTION APPROVING A REQUEST FOR A ZONING MAP AMENDMENT TO CHANGE ZONING FROM R-1 DISTRICT TO PUD DISTRICT,A PRELIMINARY PLAT AND A PUD DEVELOPMENT STAGE PLANS AND A PUD ZONING DISTRICT FOR A 70 LOT SINGLE FAMILY SUBDIVISION ENTITLED PRESERVE AT ALBERTVILLE ALONG 50 STREET NE.WITHIN THE CITY OF ALBERTVILLE WHEREAS,Integrate Properties LLC have filed an application and submitted plans pursuing a 70 lot single family lot subdivision and a PUD-Planned Unit Development zoning amendment to allow for flexibilities for lot widths, lot areas and setbacks smaller than the City's standard residential zoning districts. Said site is 40.39 acres,located along the north side of 50th Street between Main Avenue and County Road 19 ("Property"). This 70 lot single family development is intended to be under single ownership and single management offering single family rental options within the City of Albertville. To facilitate the development proposal, the following development applications have been requested: 1. Zoning Map Amendment: Changing the zoning from R-1 Single Family Residential District to PUD Planned Unit Development. The change in zoning is to allow for design flexibility in lot area,lot width and setback and to allow for private street,private playground/clubhouse. 2. Zoning Code Text Amendment: Creating the approved PAA-PUD zoning district. 3. PUD Development Stage site and building review. 4. Preliminary Plat. WHEREAS, City staff has reviewed the submitted plans dated May 18, 2021 and prepared a planning report dated June 1, 2021; and WHEREAS,the Albertville Planning Commission met and held a public hearing on June 8, 2021 to consider the application for the zoning map amendment, zoning text amendment, preliminary plat and PUD development stage site and building plan; and WHEREAS,upon considering the application materials, the June 1, 2021 Planning Report, and public testimony the Planning Commission closed the public hearing and recommended that the City Council approve the requested zoning map amendment, zoning text amendment, preliminary plat and PUD development stage site and building plans based on the following findings and the conditions outlined in the June 1, 2021 Planning Report. 1. The Albertville Comprehensive Plan guides this site for low density residential use having a density range of 1 to 4 units per acre. The proposed subdivision has a net density of 3.27 units per acre of buildable land exclusive of wetlands. This proposed land use is consistent with the Albertville Comprehensive Plan. Agenda Page 31 City of Albertville,MN Resolution No.2021-029 Meeting of June 21,2021 Page 2 2. The proposed development site is isolated from other land uses due wetlands and street corridors. These features provide physical separation from other neighborhoods allowing the change in lot size and density to occur in a manner compatible with surrounding land uses. 3. The PUD allows the City to establish zoning land use and performance standard specific to the subdivision which it must be adhered to. 4. The new development will not depreciate the area. 5. The subdivision will not overburden existing public services or utilities. 6. The subdivision is subject to the review of Wright County with regard to plat design and site access. The developer is responsible for any and all street improves required by the County or internal to the subdivision. WHEREAS,the Albertville City Council met on June 21, 2021 to consider the Preserve at Albertville development applications; and WHEREAS,the Albertville City Council has received the Preserve at Albertville application materials, preliminary plat and construction plans, staff review documents, the Planning Commission recommendation, and agrees with the findings and recommendation of the Planning Commission. NOW,THEREFORE BE IT RESOLVED,that the City Council of Albertville, Minnesota hereby approves the Integrate Properties request for a zoning map amendment to change the zoning from R-1 district to PUD district, the zoning text amendment creating the PAA-PUD zoning District, preliminary plat and the PUD development stage site and building plans for the subdivision entitled Preserve at Albertville dated May 18, 2021 based on the following conditions. PUD ZONING: The City approves the creation of the PAA-PUD zoning district which will overlay the entire Preserve at Albertville subdivision and will regulate the use and performance standard within this zoning district. Said zoning district shall include the following PUD conditions. 1. All lots shall be a minimum width of 50 feet in width and 120 feet in depth. 2. All lots shall have a minimum of 6,000 square feet in buildable lot area exclusive of wetlands,wetland buffer yards and storm water ponds. 3. All homes within the subdivision shall be subject to the following minimum setback requirements: Front Yard: 25 feet Side Yard(garage side): 5 feet Side Yard(house side): 5 feet Side Yard(along street): 20 feet Rear Yard (primary): 25 feet Agenda Page 32 City of Albertville,MN Resolution No.2021-029 Meeting of June 21,2021 Page 3 Rear Yard (along 50th Street): 50 feet Building Separation: 10 feet 4. All lots shall have a minimum of 25 feet of usable rear yard. 5. All buildings,patios, decks shall meet the required building setbacks of the PUD District. 6. The following shall be prohibited within the subdivision: a. Detached accessory buildings. b. Outdoor storage as regulated by Section 1000.15.A of the Albertville Zoning Ordinance. c. Fences. 7. Curb cuts shall not exceed 16 feet in width as measured at the street curb line. 8. The home design shall be limited to the models submitted as part of this PUD application with the following information to be provided and approved by the City. • Intended home finish materials shall be specified. • Minimum garage size shall 480 sq. ft. • The applicant shall address storm protection concerns (related to homes without basements)to the satisfaction of the City. 9. Detailed plans of the clubhouse are pool area shall be submitted subject to review and approval by the City prior to any construction on Lot 21 Block 2 of the Preserve at Albertville. 10. The sale of individual lots within the subdivision shall be prohibited unless the developer establishes a Common Interest Community(CIC)with rules and maintenance requirements which will be applied to each lot, the private street and the common areas of the plat. The CIC and all rules, bylaws and recording documents shall be subject to the review and approval of the City Attorney prior to their recording. A change to allow individual lot ownership shall be subject to PUD amendment processing (to ensure that issues related to outdoor storage, accessory structures etc. are addressed to the satisfaction of the City. 11. The applicant shall enter into a PUD development agreement with the City which outlines the conditions of development approval. 12. The PAA-PUD Zoning district shall be finalized and become effective with the approval of the PUD Final Stage and Final plat. The City approves the Preserve at Albertville Preliminary Plat and PUD Development Stage plans dated May 18, 2021 subject to the following conditions: 1. The City approves the rezoning of the subject site from R-1, Residential Single Family to PUD, Planned Unit Development district and all terms of PUD approval are satisfied. Agenda Page 33 City of Albertville,MN Resolution No.2021-029 Meeting of June 21,2021 Page 4 2. Subject to the plat and access review comments and recommendations of Wright County. 3. Applicant shall be responsible for any and all improvements to 50th Street required by the County or City. 4. Street improvement recommendations of the traffic study shall be implemented with this subdivision. 5. The private roadway shall be platted as an outlot and overlaid with drainage and utility easements. The street pavement width, street design and construction details shall meet City standards and shall be subject to review and approval by the City Engineer. 6. The following lots shall be increased to 6,000 square feet in size. It is understood that such modification may result in the loss of a lot or lots. Lot 15, Block 1 —5,997 square feet Lot 24, Block 1 —5,988 square feet Lot 25, Block 1 —5,997 square feet Lot 33, Block 1 —5,674 square feet Lot 34, Block 1 —5,838 square feet 7. Outlots E and F shall be combined with Outlot B to form a single outlot which overlays the wetland. 8. Outlot C and D shall be sold to the Water Treatment Site. 9. Applicant shall revise the plat to provide a new outlot along 53rd Street for the creation of anew single family R-1 lot. 10. Outlots A and revised Outlot B shall be conveyed to the City in fee title. 11. Sidewalks measuring 5 feet in width shall be provided in the following areas: a. Around the perimeter of proposed Block 2 (to provide a pedestrian access route to the centrally located clubhouse/pool area). b. On the east side of Lot 1, Block 1(to connect the subdivision to a possible future 50th street trail/sidewalk and provide a continuous pedestrian route to the middle school to the south). c. A pedestrian crossing over 50th Street, connecting the subdivision to the Middle School shall be designed and installed. The location and design of any crosswalk shall be reviewed and approved by the County. 12. The applicant shall pay a cash fee in lieu of a land dedication to satisfy the City's park dedication requirements. Park dedication fees shall be paid at the time of final plat processing. 13. A revised landscape plan shall be submitted for City approval that includes the following information: Agenda Page 34 City of Albertville,MN Resolution No.2021-029 Meeting of June 21,2021 Page 5 a. A landscaped buffer yard shall be provided in the rear yards of lots which abut 50th Street. Such buffer strip may consist of plantings, berms,uniform fencing or a combination thereof meeting the design standards of Section 1000.7 of the Albertville Zoning Code. The landscape plan shall be revised to show the proposed planting and design for approval by the City. The buffer yard landscaping shall be installed with the completion of subdivision grading and prior to issuance of any building permits for Lots 1-8 and 47- 50, Block 1. b. Detailed plans of the clubhouse/pool area shall include a landscape plan which shall be subject to City review and approval. 14. Issues related to wetlands will be subject to comment and recommendations of the City Engineer. Applicant shall design, locate and install wetland buffer demarcation posts that delineate the boundary between the lot lines and wetland buffers. Said demarcation design and locations shall be submitted to the City for approval prior to installation. 15. Issues related to grading, drainage and utilities shall be subject to review and approval by the City Engineer. As part of such review, a specific determination shall be made that easements are appropriately depicted on the preliminary plat drawing. 16. Water service lines to individual houses shall be located outside of the driveway. 17. As a condition of final plat approval, the applicants will be required to enter into a development agreement/PUD agreement with the City and post all the necessary securities for plat development. Adopted by the City Council of the City of Albertville on this 21st day of June, 2021. Jillian Hendrickson,Mayor ATTEST: Kristine A. Luedke, City Clerk Agenda Page 35 NORTHWEST ASSOCIATED CONSULTANTS, INC . 4150 Olson Memorial Highway, Ste. 320, Golden Valley, MN Telephone: 763.957.1100 Website: www.nacplanning.com PLANNING REPORT TO: Adam Nafstad FROM: Alan Brixius DATE: June 1 , 2021 RE: Albertville - The Preserve at Albertville - PUD Rezoning & Preliminary Plat NAC FILE NO: 163.06 - 21.0`' BACKGROUND In October of 2021 , the Planning Commission and City Council reviewed a conceptual development plan submitted by Tom Gonyea and Watermark Properties which called for the creation of 70 lot, single family residential subdivision upon a 39-acre site located north of 501" Street NE and west of Main Avenue. The lots illustrated on the concept plan measured approximately 6,000 square feet in area and 50 feet in width. Such lot dimensions vary significantly from the minimum 12,500 square foot lot area and 90-foot lot width requirements imposed in the applicable, R-1 , Residential Single Family zoning district. In consideration of the concept plan, the Planning Commission and City Council expressed general support for the concept with some conditions. The City Council specifically voiced support for the following development features which would represent flexibilities from the strict provisions of the City's Zoning and Subdivision Ordinances: • The Single family lots and homes will be rental properties under the ownership and management of one company. • A maximum of 70 lots upon the site (accommodated via smaller lot sizes and narrower lot widths). • Minimum lot areas of 6,000 square feet. • Minimum lot widths of 50 feet. • Front yard setbacks of 25 feet • A private street Agenda Page 36 At this time, the applicants (Integrate Properties, LLC), have requested approval of the following: 1 . Rezoning of the subject property from zoned R-1 , Single Family Residential to PUD, Planned Unit Development (to accommodate various design flexibilities). 2. Preliminary Plat (The Preserve at Albertville) Attached for reference: Exhibit A: Applicant Narrative Exhibit B: Existing Conditions Exhibit C: Preliminary Plat Exhibit D: Site, Lighting and Signage Plan Exhibit E: Grading and Drainage Plan Exhibit F: Erosion and Sediment Control Plan Exhibit G: Sanitary Sewer and Water main Plan Exhibit H: Storm Sewer Plan Exhibit I: Landscape and Tree Replacement Plan Exhibit J: Wetland Mitigation Plan Exhibit K: Home Design Examples Exhibit L: Draft PAA/PUD Zoning Amendment ISSUES AND ANALYSIS Rezoning The applicants have requested a rezoning of the site from R-1, Residential Single Family to PUD, Planned Unit Development District as a means to accommodate a number of Ordinance flexibilities not available in the current R-1 zoning district. Through the PUD zoning, the City will define the various performance standards unique to the subject property. In considering any change of zoning, the following criteria, as provided in Section 300.1.E of the Zoning Ordinance, are applicable: 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 Visioning Study has designated the subject site for low density residential use with a density range of 1-4 units an acre. The proposed development includes 70 units on approximately 19 acres of developable land which results in a density of 3.27 units per acres. Such density is within the City's low density residential range and is consistent with the vision conveyed in the City's the Comprehensive Plan. Agenda`Page 37 In review of the Comprehensive Plan, the following goals and policies are considered relevant to the proposed development project: Goals: • Provide a variety of housing options to meet the life cycle needs of Albertville residents. • Manage growth that provides quality development and does not fiscally burden the community. Policies: • Adhere to the highest community design and construction standards for new construction and redevelopment projects. • Accompany medium and high-density development with adequate accessory amenities such as garages, parking, open space, landscaping, and recreational facilities to insure a safe, functional, and desirable living environment. • Infill development of existing platted residential lots with homes that share the same quality and value of adjoining homes. • The City will be patient with the development of the remaining larger undeveloped tracts of residentially zoned land. With a limited supply of residential zoned land, the City can wait for a preferred development. 2. The proposed use is or will be compatible with present and future land uses of the area. Comment: The subject site is isolated from surrounding uses via a wetland complex to the north and west, existing development to the east and limited property access to the south (along 501" Street). In this regard, it is not anticipated that the proposed land use will negatively impact surrounding uses. Zoning Use North R-1 , Residential Single Family Single-Family East R-1 , Residential Single Family Single-Family and Church and P/I, Public/Institutional West R-1, Residential Single Family Vacant, Single-Family and and P/I, Public/Institutional Water Plant South P/I, Public/Institutional County Road 18 and Middle School 3. The proposed use conforms with all performance standards contained herein. AgendAage 38 Comment: Via the PUD, specific performance standards will be established which apply specifically to the proposed subdivision. As part of PUD concept plan review, it was recommended that the following performance standards apply to the proposed subdivision: 1 . All lots shall be a minimum width of 50 feet in width and 120 feet in depth. 2. All lots shall have a minimum of 6,000 square feet in buildable lot area exclusive of wetlands, wetland buffer yards and storm water pond. 3. All lots shall have a minimum of 25 feet of usable rear yard. 4. All buildings, patios, decks shall meet the required building setbacks of the PUD District. 5. The following shall items be prohibited within the PUD zoning district exclusive to this subdivision: a. Detached accessory buildings. b. Outdoor storage as regulated by Section 1000.15.A of the Albertville Zoning Ordinance. C. Fences. 6. All homes shall be designed to meet the City's design standards for single- family homes (garage size increased to minimum 480 square feet). 7. Curb cuts shall not exceed 16 feet in width as measured at the street curb line. 8. The sale of individual lots within the subdivision shall be prohibited unless the Developer establishes a CIC Common Interest Community with rules and maintenance requirements which will be applied to each lot, the private street and the common areas of the plat. A change to allow individual lot ownership shall be subject to PUD amendment being processed (to ensure that issues related to outdoor storage, accessory structures, street maintenance, etc. are addressed to the satisfaction of the City. The CIC rules and bylaws shall be subject to the review and approval of the City Attorney prior to recording the CIC. 9. The applicant shall enter into a PUD development agreement which outlines the conditions of development approval and the PUD district zoning standards subject to the City Attorney's review and approval. A determination of compliance with many of the preceding standards (as may be applicable) will be addressed in the preliminary plat review section of this report. 4. The proposed use will not tend to or actually depreciate the area in which it is proposed. Agenda$age 39 Comment: The single-family use and related density proposed upon the subject property is consistent with the City's Comprehensive Plan. In this regard, the proposed use is considered compatible with surrounding uses and is not anticipated to depreciate area property values. Further, the PUD zoning will allow the City to impose various conditions to address potential adverse impacts. 5. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. Comment: The subject site has access to public utilities. In this regard, the proposed single family residential use will not overburden City utilities or services. 6. Traffic generation by the proposed use is within the capabilities of streets serving the property. Comment: The subject site will receive sole access via 501" Street (County Road 18). Such street is designated as a "major collector" street within the Wright County Transportation Plan. A traffic study is being conducted to identify the potential traffic impacts that this subdivision will have on adjacent streets and any needed street improvements required to mitigate traffic issues. The development will be responsible to any required on or off-site street improvements needed to accommodate this development. Preliminary Plat Access. The subject site is accessed via a single point along 501" Street NE (County Road 18). Such access point aligns with an existing access to the middle school to the south and is considered generally acceptable from a location standpoint. As a County road, the acceptability of the proposed access location and the need for related roadway improvements (turn lanes) shall be subject to review and approval by Wright County. Applicant shall be responsible for all required improvements of 50tn Street related to providing automobile and pedestrian access and egress for this subdivision. The City's Subdivision Ordinance stipulates that plats with more than 50 units on minor collector streets shall be required to provide a second street access into/out of the subdivision. Preserve at Albertville will have 70 single family lots, thus, a second access point is technically required within the proposed subdivision. Staff review of the subdivision reveals that the adjoining land uses and surrounding wetlands make the provision of a second access difficult. The City has required a traffic study to determine projected traffic volumes and traffic distribution generated by the plat. The traffic study will also identify any needed street design requirements need to make traffic flow efficient and effective. Street design and required improvement will be subject to the recommendations of the traffic study. AgendalPage 40 Streets. The preliminary plat illustrates a 60-foot-wide right-of-way dedication from the centerline of 50th Street. The needed street right-of-way dedication shall be dictated by Wright County with their review of the plat. . The lots within the subdivision are to be served by a private, internal loop street located within a 50-foot wide outlot. The plat must be revised to label the private street as an outlot. Within the outlot, a 28-foot-wide street (curb to curb width) is proposed. With the concept plan review the private street was seen as desirable to take the city out of street repair and snow plowing within this neighborhood. To insure long term private ownership, maintenance, repair and replacement of the street; the PUD agreement will tie ownership of the street to the applicant /ownership. If the lots are to be individually sold in the future the PUD agreement will require the creation of the CIC subdivision that will require common private ownership of the street and other common areas (club house, pool, play area, ponding, etc.) The proposed street will be required to be constructed to City construction standards. The plat traffic study will identify design elements for the plat access via 501" Street. The street design is subject to the review and approval of the City Engineer. Recognized the proposed lot widths within the subdivision (50 feet) coupled with 28- foot-wide streets will likely limit on-street parking opportunities and snow storage areas; City Staff is recommending the within this PUD zoning district, curb cuts will be limited to a maximum width of 16 feet. This will provide separation between curb cuts to afford boulevard area for snow storage and spaces for some on-street parking. Blocks. According to Section 11-7-4.A of the Subdivision Ordinance, blocks in residential subdivisions should not exceed 1,200 feet in length except when existing physical feature specific to the property (topography, wetlands)justify departure from the maximum block length. Proposed Block 1 within the subdivision measures approximately 2,900 feet in length which significantly exceeds the maximum block length requirement of the Ordinance. Considering the large wetland surrounding the parcel to the north and west and the land uses to the east block length and design are warranted. Lot Area. Consistent with the recommendation of the Planning Commission (and via the PUD Concept Plan review), minimum lot sizes of 6,000 square feet have been recommended within the subdivision. In review of the preliminary plat, the following lots do not meet such minimum lot size requirement: Lot 15, Block 1 — 5,997 square feet Lot 24, Block 1 — 5,988 square feet Lot 25, Block 1 — 5,997 square feet Lot 33, Block 1 — 5,674 square feet Lot 34, Block 1 — 5,838 square feet AgendAage 41 As a condition of preliminary plat approval, the preceding lots must be reconfigured to all meet or exceed the minimum 6,000 square foot area requirement. Lot Widths and Depths. Also, via the PUD, minimum lot widths of 50 feet and lot depths of 120 feet are recommended within the subdivision. All lots, measured at the 25-foot front yard setback have been found to meet or exceed to minimum 50-foot lot width requirement. All lots have also been found to meet or exceed 120 feet in depth. Appropriately, additional lot depths have been provided for lots which abut 50t" Street, a designated collector street. Such lot depths are a direct response to a Subdivision Ordinance requirement which states that lots which back onto major collector streets must provide additional lot depth to accommodate a landscaped buffer yard (to screen rear yards from collector street traffic). Setbacks. Via the PUD, it is recommended that the following minimum building setbacks apply to principal structures within the proposed subdivision: Front Yard: 25 feet Side Yard (garage side): 5 feet Side Yard (house side): 5 feet Side Yard (along street): 20 feet Rear Yard (primary): 25 feet Rear Yard (along 501" Street): 50 feet Building Separation: 10 feet Building pads illustrated on the preliminary plat site plan drawing (Exhibit D) demonstrate an ability to meet the aforementioned setback requirements. Due to the size of the lots these setbacks shall also apply to decks and patios. The applicant has provided floor plans showing 12' x 12' patio meeting the aforementioned setbacks. Outlots. A total of six outlots are illustrated on the preliminary plat. Outlot A in the center of the Block 2 will contain storm water ponding. Outlot B covers the wetland that surrounds the subdivision on the north and west. Outlots C and D, locate on the west edge of the plat are intend to be sold to the water treatment facility for future expansion of this utility. Outlot E and F, are lot remnants. Staff recommends that these outlots be combined with Outlot B or be added to the adjoining lots. The applicant will be platting another outlot in the extreme northwest corner of the plat with sufficient land area for a single family lot meeting the R-1 zoning along 53rd Street. The plat shall also be revised to label the private street an outlot. Drainage and utility easements shall be dedicated on the private Street outlot. Agenda7Page 42 Drainage and utility easement shall be placed over Outlots A and B. These outlots shall be dedicated to the City in fee title. Sidewalks. The submitted preliminary plat plan set does not illustrate any sidewalks. Recognizing that a common, recreational destination exists within the subdivision, it is recommended that 5-foot-wide sidewalks be provided in the following areas: 1 . Around the perimeter of proposed Block 2 (to provide a pedestrian access route to the centrally located clubhouse/pool area). 2. On the east side of Lot 1 , Block 1 (to connect the subdivision to a possible future 50t" street trail/sidewalk and provide a continuous pedestrian route to the middle school to the south). 3. A pedestrian crossing over 50t" Street, connecting the subdivision to the Middle School shall be design and installed. The location and design of any crosswalk shall be reviewed and approved by the County. Park Dedication. As shown on the submitted site plan, a clubhouse and swimming pool are proposed within Lot 21, Block 2. Recognizing that all lots within the subdivision are to be under private ownership (including the clubhouse/swimming pool parcel), it is assumed the clubhouse/pool area will be private in nature and not available to the general public. The City does not provide park dedication credits for private recreational facilities. As a result, the applicant will be required to pay a cash fee in lieu of a land dedication to satisfy the City's park dedication requirements. Park dedication fees are to be paid at the time of final plat processing. Clubhouse/Pool Area. As indicated on the submitted plan set, a clubhouse and pool area is proposed within Lot 21, Block 2. As a condition of PUD zoning approval, detailed plans of such features must be provided subject to City approval prior to any development of this lot. Landscaping. A landscape plan has been submitted for review (attached as Exhibit 1). The plan calls for a total of 71 over story trees which correspond to one tree per lot. Specific tree varieties include Common Hackberry, Skyline Honey locust, Kentucky Coffee tree, Patriot Elm, Autumn Blaze Red Maple, and Norther Red Oak. In review of the landscape plan, the following landscape plan revisions are required 1 . Subdivisions abutting a major collector street or arterial street shall provide a twenty foot landscaped buffer yard to screen the rear yards of the single family homes from the street. The landscape plan does not illustrate the required buffer yard. The landscape plan shall be revised to provide a buffer yard along the entire south edge of Block 1 meeting the following standards. The buffer yard design must be coordinated with the site grading to insure an effective screen. AgendAage 43 The revised landscape plan showing the buffer yard details must be submitted and approved prior to final plat or site grading. Design Standards: All plantings within designated buffer yards shall adhere to the following: a. Fencing and screening shall be consistent with Section 1000.7 of Albertville zoning code. b. Plant material centers shall not be located closer than three feet (3') from the fence line or property line. c. Landscape screening shall be planted in two (2) or more rows. Plantings shall be staggered in rows unless otherwise approved by the city council. d. Where massing of plants or screening is intended, plant spacing shall be specific to the species chosen to provide screening to a height of six feet (6) in compliance with this section. The "American Standard For Nursery Stock" published by the American Association Of Nurserymen shall be used as the reference for spacing guidelines as needed. e. Landscape materials, sizes, and spacing shall be consistent with Section 1000.7 of the Albertville zoning code. 2. Detailed site, building plans for the clubhouse/pool area shall include a landscape plan which will be subject to City review and approval. Wetlands. As shown on the preliminary plat drawing, approximately one-half of the subject site is devoted to a wetland. Such wetland isolates the development site from the properties to the north and west and influences the site design. Appropriately, both the wetland and wetland buffers are located within outlots and dedicated to the City (to a avoid disruption of these protected areas). Issues related to wetlands will be subject to comment and recommendation by the City Engineer. The applicant shall design wetland buffer demarcation posts to be installed at the rear lot lines of Block 1 defining the boundary between the lots and the wetland buffer. The design and the proposed locations of the wetland buffer demarcation posts shall be submitted to the City for approval. Grading, Drainage and Utilities. Issues related to grading, drainage and utilities should be subject to review and approval by the City Engineer. Water service lines to the individual houses shall be located outside of the driveways. As part of such review, a specific determination should be made that easements are appropriately depicted on the preliminary plat drawing. AgendAage 44 Home Design. As part of the PUD rezoning/preliminary plat submission, the applicant has provided conceptual home design examples of single-level and two-level homes, both of which measure 35 feet in width. According to the applicant, the single level homes will measure likely measure 60 feet in depth and the two-level plans will measure 50 to 55 feet in depth. The following is a summary of the provided home design examples (attached as Exhibit K): Total Floor Bedrooms Garage Area Area* Single-Level Option A 1,250 s.f. 2 418 s.f. Option B �_1,515 s.f. 2 442 s.f. Two-Level Option A 1,700 s.f. 4 410 s.f. Option B 2,000 s.f. 4 440 s.f. Option C 2,200 s.f. 4 430 s.f. *Approximate In review of the provided home design examples, the following comments are offered: 1 . Each of the provided design examples meets the City's minimum floor area requirement for single family homes. 2. Two design alternative floor plans have been provided for the single-level homes along with three front elevation alternatives. Three alternative floor plans have been provided for the two-level homes with two front elevation alternatives. 3. Exterior finish materials have not been specified. As a condition of PUD/preliminary plat approval, applicant shall provide information on the intended house exterior materials for City review and approval prior to final plat. 4. None of the design examples include basements. This raises some concerns related to interior building storage and storm protection. The applicant shall either design a storm shelter into the Clubhouse of a size to meet the needs of the neighborhood or they may design a storm room into the homes that are constructed without a basement. 5. Section 1000.4.B.2.a of the Albertville Zoning District requires a minimum garage size for a single-family home to be 530 sq. ft. (24' x 22'). None of the provided home design examples meet this minimum garage size requirement. The minimum garage size requirement is intended to ensure that ample storage will exist for vehicles, trash containers, recreational equipment, and other ancillary household items typical in a single-family home. In discussions with the applicant, staff is recommending PUD flexibility allowing minimum garage size of 480 sq. ft. the PUD district. This flexibility recognizes the recommended PUD district prohibitions outlined in this report. Agenda Page 45 6. The design examples illustrate outdoor decks and/or patios. The floor plans illustrate a 12' x12' patio for the house models that will meet the building setbacks. Accessory Outdoor Storage and Structures. Historically, the City has encountered problems enforcing its outside storage regulations on residential lots. The proposed smaller lot sizes present concerns for outside storage in that they do not provide area and/or locations to meet the City's outdoor storage requirements. This is less of a problem as rental properties and controlled under single ownership and management and restrictions in the lease agreements. However, if the lots are sold and become individually owned, similar issues/concerns are anticipated. Potential individual ownership also raises concerns related to detached accessory structures and fencing. Within the PUD zoning district, the City has the ability to establish performance standards specific to a neighborhood. The PUD District will allow for proposed smaller lots and reduced setbacks. In exchange for these design flexibilities, staff is recommending a prohibition of outdoor storage, detached accessory buildings, and fences within the Preserve at Albertville subdivision to be imposed as part of the PUD district. These prohibitions shall be included in the Preserve at Albertville lease contracts. If in the future the lots are sold individually the City will require that a Common Interest Community CIC be established prior to any lot sales. The CIC shall include the aforementioned prohibitions in their sale information and the rules and bylaws to make future residents aware of these rules and to assist in enforcing the subdivision rules related to the prohibition of outdoor storage, detached accessory buildings and fences. Storm Protection. All homes within the subdivision are to be slab-on-grade. With this in mind, the lack of basements presents a concern related to storm protection. As a condition of PUD/subdivision approval the applicant should address this issue to the satisfaction of the City. The options can include a single neighborhood storm shelter in the clubhouse or storm rooms constructed to FEMA design standards within each house. Development Agreement. As a condition of final plat approval, the applicants will be required to enter into a development agreement with the City and post all the necessary securities required by it. This issue should be subject to further comment by the City Attorney. RECOMMENDATION Based on the preceding review, the following is recommended: A. Approval of the rezoning of the subject site from R-1 , Residential Single Family to PUD, Planned Unit Development district subject to the following conditions: Agenda Page 46 1 . All lots shall be a minimum width of 50 feet in width and 120 feet in depth. 2. All lots shall have a minimum of 6,000 square feet in buildable lot area exclusive of wetlands, wetland buffer yards and storm water ponds. 3. All homes within the subdivision shall be subject to the following minimum setback requirements: Front Yard: 25 feet Side Yard (garage side): 5 feet Side Yard (house side): 5 feet Side Yard (along street): 20 feet Rear Yard (primary): 25 feet Rear Yard (along 501" Street): 50 feet Building Separation: 10 feet 4. All lots shall have a minimum of 25 feet of usable rear yard. 5. All buildings, patios, decks shall meet the required building setbacks of the PUD District. 6. The following shall be prohibited within the subdivision: a. Detached accessory buildings. b. Outdoor storage as regulated by Section 1000.15.A of the Albertville Zoning Ordinance. C. Fences. 7. Curb cuts shall not exceed 16 feet in width as measured at the street curb line. 8. The home design shall be limited to the model submitted as part of this PUD application with the following information to be provided and approved by the City. • Intended home finish materials shall be specified. • Minimum garage size shall 480 sq. ft. • The applicant shall address storm protection concerns (related to homes without basements) to the satisfaction of the City. 9. Detailed plans of the clubhouse are pool area shall be submitted subject to review and approval by the City prior to any construction on Lot 21 Block 2 of the Preserve at Albertville. 10. The sale of individual lots within the subdivision shall be prohibited unless the Developer establishes a Common Interest Community CIC with rules and maintenance requirements which will be applied to each lot, the private street and the common areas of the plat. The CIC and all rules, bylaws and recording documents shall be subject to the review and Agenda Page 47 approval of the City Attorney prior to their recording. A change to allow individual lot ownership shall be subject to PUD amendment processing (to ensure that issues related to outdoor storage, accessory structures etc. are addressed to the satisfaction of the City. 11. The applicant shall enter into a PUD development agreement with the City which outlines the conditions of development approval. 12. The applicant shall address storm protection concerns (related to homes without basements) to the satisfaction of the City. 13. Comments of other City Staff. B. Approval of the preliminary plat (The Preserve at Albertville) subject to the following conditions: 1 . The City approves the rezoning of the subject site from R-1, Residential Single Family to PUD, Planned Unit Development district and all terms of PUD approval are satisfied. 2. Subject to the plat and access review comments and recommendations of Wright County. 3. Applicant shall be responsible for any and all improvements to 501" Street required by the County or City. 4. Street improvement recommendation of the traffic study shall be implemented with this subdivision. 5. The private roadway shall be platted as an outlot and overlaid with drainage and utility easements. The street pavement width, street design and construction details shall meet city standards and shall be subject to review and approval by the City Engineer. 6. The following lots shall be increased to 6,000 square feet in size. It is understood that such modification may result in the loss of a lot or lots. Lot 15, Block 1 — 5,997 square feet Lot 24, Block 1 — 5,988 square feet Lot 25, Block 1 — 5,997 square feet Lot 33, Block 1 — 5,674 square feet Lot 34, Block 1 — 5,838 square feet 7. Outlots E and F shall be combined with Outlot B to form a single outlot which overlays the wetland. 8. Outlot C and D shall be sold to the Water Treatment Site. 9. Applicant shall revise the plat to provide a new outlot along 53rd Street for the creation of a new single family R-1 lot. Agenda Page 48 10. Outlots A and revised Outlot B shall be conveyed to the City in fee title. 11 . The plat shall be revised to label the private street as an outlot. 12. Sidewalks measuring 5 feet in width shall be provided in the following areas: a) Around the perimeter of proposed Block 2 (to provide a pedestrian access route to the centrally located clubhouse/pool area). b) On the east side of Lot 1 , Block 1(to connect the subdivision to a possible future 50t" street trail/sidewalk and provide a continuous pedestrian route to the middle school to the south). c) A pedestrian crossing over 501" Street, connecting the subdivision to the Middle School shall be designed and installed. The location and design of any crosswalk shall be reviewed and approved by the County 13. The applicant shall pay a cash fee in lieu of a land dedication to satisfy the City's park dedication requirements. Park dedication fees shall be paid at the time of final plat processing. 14. A revised landscape plan shall be submitted for City approval that includes the following information: a) A landscaped buffer yard shall be provided in the rear yards of lots which abut 50t" Street. Such buffer strip may consist of plantings, berms, uniform fencing or a combination thereof meeting the design standards of Section 1000.7 of the Albertville Zoning code. The landscape plan shall be revised to show the proposed planting and design for approval by the City. The buffer yard landscaping shall be installed with the completion of subdivision grading and prior to issuance of any building permits for Lots 1-8 and 47- 50, Block 1 . b) Detailed plans of the clubhouse/pool area shall include a landscape plan which shall be subject to City review and approval. 15. Issues related to wetlands will be subject to comment and recommendations of the City Engineer. Applicant shall design, locate and install wetland buffer demarcation posts that delineate the boundary between the lot lines and wetland buffers. Said demarcation design and locations shall be submitted to the City for approval prior to installation. 16. Issues related to grading, drainage and utilities shall be subject to review and approval by the City Engineer. As part of such review, a specific determination shall be made that easements are appropriately depicted on the preliminary plat drawing. 17. Water service lines to individual houses shall be located outside of the d riveway. d Agenda Page 49 18. As a condition of final plat approval, the applicants will be required to enter into a development agreement with the City and post all the necessary securities for plat development. 19. Comments of other City Staff. cc. Maeghan Becker, Administrative Assistant Mike Couri, City Attorney Ian Peterson, Integrate Properties, LLC Tom Gonyea Kris Luedke Agenda Page 50 9n[Trafe 'ProPedies, t'YC May 26, 20.71 Mr. A[ Brixius Cite Planner 959 Main Avenue NF Albertville,MN 55301 Ern: Preserve At Affieriville— I1,UI)1 Preliminary Plat Follow Up Letter Dear Mr. Brimus, lrtte,grate Properties, LLC is excited to submit our I'Lu xed Unit Devrdoprmmt and Preliminary Plat Application for The Preserve At Albertville. I was fomerly with Watermark laquity Group,LLC during our Concept Plan submittal [ate fall 2020 and have since left Watermark and started Integrate Properties, L.LC_ The Preserve At Albertville gill be a 70 let single family community of for rent homes plus a Clubhouse, as we discussed in the Concept Plan stage. As requested a brief background art my personal histuty. As Director of Operations for Watermark I was responsible for the acquisition, entitlement, and development of the lard, home design and operations of the company. With great success here in tlic Twin Cities (said across the country in Denver, Dallas/Ft. Worth, Nashville, and Houston) with Watermark we completed Mills Creek in Map[e Grave, developed Bacon Ridge in Plymouth, Canvas at Woodbury and Canvas At Inver Grove Heights, Tkie Preserve At Albertville will have the same attention to detail [n the design of the community layout, architecture and amenities, Prior to Water-mark I invested five years in starting and running a home building cornpany for David Weekley Homes as the Division Fresider:t anti created a Top Ten Builder in the Twin Citics with over S50M in annual revenue. And prior to David Weekley Homes I was with Pulte Homes (Centex Hoc nes prior to the acquisition) as their Vice President of Land responsible for Land acquisition, entitlements and development here in the Twin Cities and as the Ccntrat Region Vice President. 1 am happy to discuss in further detail stay history and capabilities of land developirlent, home design; and opCratiOns. Attached are a few conceit plans we are working ion for the design of the homes at The Preserve At Albertville. We are working with our building partner Robert Thomas ]-homes as well as 13SR Design to e0sur,e we are designing the state of the art home for todays consumer along w1th design efficiencies as it relates to c:onstructability. The homes will all be 35-feet wide with a nta_ximurn depth of fill-feet. The one Level plan(s) will most likely be 60-feet deep and the two level plans will be 50- lu 55-feet declr; however,all of the building pads are designed to accommodate the largest home to allow flexibility in the placement of the homes. 1 would like to propose that the final design of the homes be a condition of the Firtal Plat by Staff and City Council as there were discussions during the Concept Plan stage regarding a desired minimum SFT for the garage space which we would like to he worked out during the Preliminary Plat in order Lo move forward with 117e final design of the homes. ]n:tegirate Properties is excited to present The Preserve At Albertville. Please let me know if you need any further infc�rrnatign. Sincerely, Ian. Pcterson President Imcgrate Properties,LLC -1 elepho-tc: (f 12) 328-5252. 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THE CITY COUNCIL OF THE CITY OF ALBERTVILLE ORDAINS: Section 1. The City Cauncil of Albertville amends the Albertville Code creating Chapter 3350 PAAJPUD District"Preserve at Albertville District" to read as follows. Chapter 3 3 54 PAAIPUD PRESERVE AT ALBERTVILLE PLANNED UNIT DEVELOPMENT DISTRICT 3350.1: PURPOSE: The purpose of the PAAj?UD district is to provide for single-family detached residential dwelling units and directly related complementary uses per approved PUD development plans and plat dated 05/18/2021 as amended per City approval resolution No. 3350.2: P> RNtITTED USES: The following are permirled uses in a P IPUD district: Single-family detached dwelling writs Neighborhood c€rnmon ownership clubhouse, goal, Private Park l playgroundl recreation facilities 3350.3: ACCESSORY USES: None 3350.4: CONDITIONAL USES- None 3350.5: INTERIM USES: None EXHIBIT L Agenda Page 75 46 3350.6. PROHIBITED USES: Detached accessory buildings. Fences except fences as part.of the buffer yard along 5 0'1' Street. Outdoor storage as addressed in Section 1000. 15 3350.7: LOT REQUIREMENTS AND SETBACKS: The following minimirn requirements shall be observed in Jie PAA/PUD district, subject Lo additional requirements, exceptions and modifications set forth in this ordinance. A. Lot area: Six thousand (6000) square feet. B. Lot Nvidth: 1, Interior: Fifty feet (50'). 2. Comer: Sixty-five feet (65'). C. Setbacks: All single family homes shall be located and oriented to the street in accordance with the approved Preserve at Albertville PUD Site plan dated 05/1812021 and meet The following setbacks. 1. Front yard: Not less than twenty-five feet (25). 2. Side yard: a. Interior lots: Not less than five feet(5') each. b- Comer lot:loot less than twenty feet (20') on the side yard abutting a street. 3. Rear yard: a. Interior lots: Twenty five feet (25'). h- Lots abutting 59LI1 Street: Fifty feet (50'.) 4. Patios and decks shall meet the minimum building setbacks. 3350.8.- MAXIMUM BUILDING HEIGHT: Thirty five feet(35). 3350.9: MAXIMUM 1,0T COVERAGE: No structure or combination of structuras or hard cover shall occupy more than fifty-fivc. percent(55%) of the lot area- 3350-10 HOUSE DESIGN: The houses within the PAA/PUD District shall be limited to the models submitted and approved as part of the Preserve at Albertville PUL) Development and Final Stage. Section 2. The City Council of Albertville hereby amends the Albertville Zoning map changing the zoning designation of the land legally described as follows from R-I Single Family residential district to "PAA[PUD Preserve at Albertville Planned Unit Development districC. Agenda Page 76 47 Legal Description See attached. THIS AMENDMENT SHALL BE Ili FULL FORCE AND EFFECTIVE Ii ME-DIRT LY FOLLOWING ITS PASSAGE AND PUBLICATION. Approved by the Alberhille City Council this 21 st day orJurie, 2021, Jillian Hendrickson, Mayor Iris Luedke, City Clerk Agenda Page 77 48 LEGAL QESCRIPP N The East 171}2 acres of Lha 8outhwwest Quarter of the Southwest Quarter and the East Malt of the Southwest Quarter lying south of Psyks Fourth Additlon,Psyk`s Second Addition and Psyk's Adctticn, according to the recorded plats thereof, all in Section 1, Township 128, Rage 24, Wright County, Minnesota, Except the following 11 describcd tracts of land: Psyk Third Addition, according to the recorded plat thereof. Psyks Fourth Addition, acr-ordfng to the recorded plat thereof. Psyks F th Addition,according to the recorded plat thereof. PWy s Sixth Addition. according to the recorded plat thereof_ Psyks Seventh Addition,anenrding to the recorded plat thereof. Gvrnn7encing at a point on the east line of the Southwest Quarter distant 70 rotas and 41 j2 feat South of the northeast corner of said Southwest Quarter;thence west at right angles 12 rods;thence south at right angles 10 rods; thence east at right angles 12 rods; thence north at right angles to the paint of beginning. The South 323 feet of the East 483.59 feet of the Southeast Quarter of the Southwast Quarter. The West 150 feet of the South 533 feat of the East 17 1f2 auras of the Southwest 0uarter of the Southwest Quarter. The East 200,00 feat of the Wsst 350M feet of the South 533.00 feet of the East 17112 acres of the Southwest Quarter of the Southwest Duarter of Seotion 1,Tovsrn,hip 120. Range 24,Wright County, Minnesota. That part of the Southwest Quarter of Section 1, Township 120, Range 24,bright County, Minnesota, describers as follows; beginning at the northwest corner of Lot 2, Do&2, Psyk Third Addition,according to the plat thereof on fife and &record in the offlce of the County Recorder,Wright County, fufinnusuta:thence N 89 degrees 89 minutes 11 Seconds W, plat bearing, along the westerly extension of the north line of said Lot 2, Black 2, a distanca of 45.50 font: thence South 0 degrees 20 minutes 49 seconri5 W along a line parallel with the west line of said Lot 2, Block 2, a distar-r-e of 143.06 feet to a paint on the westerly exte,nsian of the south line of Bald Lot 2, Block 2;thence South 89 degrees 01 minutes 18 seconds E along said westerly'extension,a cflstanca of 45,50 feet to the southwest corner of said Lot 2, Block 2;thence Nato 0 degrees 20 minutes 49 Seconds E along the west Ilne of sald Lot 2, Block 2, a distance of 148.56 foot to the point of beginning. That part of the Southwest Quarter of Suction 1,Towr.shlp 120, Ranga 24,Wdght County, Minnesota,described as fellows; Beginning gat the ncrthvvest corner of Lot 1, Block 2, Psyk Third Addition,according to the plat thereof on file and Est record in the Office of the County Fecorder,Wright County, Mlnnesoia;thence N 89 degrees 39 minuf©s 11 seconds W, plat tearing,along the westerly extension of-the north line of said Lot 1, Bieck 2,a distance of 46.50 feat; thence S 0 degrees 29 minutas 49seconds W along a line parallel wlth the west Una of s€ld Lot 1, Bloch 2, a distance of 144.00 feet to a polnt can the westerly extenslon of the south llne of safd Lot 1, 8104k 2;thenw S 83 degrees 39 minutes 11 seconds E alone said westerly extenslon,a distance of 45.50 feet to the southwest corner of said Lot 1, Black 2; thence N 0 degrees 20 minutes 49 seconds E along the west line of said Lot 1, Block 2, a distance of 144.00 feet to the point of beginning. Agenda Page 78 49 �lbcrtvillc Small Town Wag.ffig ON Lft. Mayor and Council Request for Action June 21, 2021 SUBJECT: PLANNING- CEMETERY STRUCTURE SETBACKS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: MOTION TO: Adopt Ordinance No. 2021-09 amending the Albertville Zoning Chapter 4850, P/I Public/Institutional Zoning District related to setbacks applicable to Cemeteries. BACKGROUND: St. Albert's Cemetery is proposing to install a columbarium within the cemetery to provide an alternative internment options to grave sites.A columbarium is a sepulchral vault structure with recesses in the walls to receive the ashes of the dead. The proposed location of the columbarium structures is along the west side of the cemetery approximately 12 feet from the west lot line. The Cemetery is zoned P/I Public/Institutional District which allows the cemeteries by conditional use permit(CUP). One of the performance standards for the Cemetery's CUP is: "The use meets the minimum setbacks requirements for principal structures." The P/I District requires the following principal structure setbacks. Front(north): 35 feet Side (east and west): 20 feet Rear(South): 25 feet The proposed location of the columbarium will not meet the aforementioned side yard setbacks. In staff discussion, we did not believe that the cemetery's request was suitable for a variance and are recommending a change in the setback standards specific to Cemeteries. The Albertville Planning Commission held a public hearing and reviewed the development application, staff reports and heard public testimony. At the close of the public hearing,the Planning Commission recommended that the City Council approve the amendment with conditions. KEY ISSUES: 1. The columbarium will economize on available land within the cemetery. The cemetery has a finite amount of land ( 3.3 acres). The introduction of the columbarium allows for more internment sites without consuming the same amount of land as a grave site. 2. The columbarium provides an affordable alternative to a grave site. 3. Structure Design: The proposed columbarium will be of concrete construction and be approximately 5.5 feet tall, 7.5 feet in length and 3 feet in depth. Each structure will provide 48 separate niches for internment. 4. The columbarium will be a very passive structure that will fit the landscape of the cemetery and will not create compatibility issues for adjoining properties. Agenda Page 79 Mayor and Council Request for Action—June 21, 2021 Cemetery Structure Setbacks Page 2 of 2 5. With the change in setbacks,the structures will fit the location and landscape of the cemetery. 6. The columbarium is a very passive structures with an attractive appearance that will not negatively impact adjoining properties. 7. St. Albert's Cemetery is the only cemetery in Albertville, the change in setback is exclusive to the Cemetery's Conditional Use Permit and will not have any impact on any other P/I district use. The amendment will only apply to cemetery accessory uses. POLICY/PRACTICES CONSIDERATIONS: In accordance with State Law, a public notice was published and a public hearing was held by the Planning Commission. The Planning Commission recommended the City Council approve this amendment to the City's ordinance language. LEGAL CONSIDERATIONS: In accordance with Council procedures,the Mayor and City Council have the authority to approve or deny these amendments. Department/Responsible Person: Alan Brixius, City Planner Submitted Through:Adam Nafstad, City Administrator-PWD Attachments: • Planning Report dated May 20, 2021 • Ordinance 2021-09 Agenda Page 80 ' NORTHWEST ASSOCIATED CONSULTANTS , INC. 4150 Olson Memorial Highway, Ste. 320, Golden Valley, MN 55422 Telephone: 763.231.2555 Website: www.nacplanning.com MEMORANDUM TO: Adam Nafstad — City of Albertville FROM: Alan Brixius DATE: May 20, 2021 RE: Zoning — Cemetery Setbacks. FILE NO: 163.05 — 21 .04 BACKGROUND: St. Albert's Cemetery is proposing to install Columbarium with the Cemetery to provide an alternative internment options to grave sites. A columbarium is a sepulchral vault structure with recesses in the walls to receive the ashes of the dead. The proposed location of the columbarium structures is along the west side of the cemetery approximately 12 feet from the west lot line. The Cemetery is zoned P/I Public / Institutional District which allows the cemeteries by conditional use permit. One of the performance standards for the cemetery CUP is: "The use meets the minimum setbacks requirements for principal structures." The P/I District requires the following principal structure setbacks. Front (north): 35 feet Side (east and west): 20 feet Rear (South): 25 feet The proposed location of the Columbarium will not meet the aforementioned side yard setbacks. In Staff discussion, we did not believe that the Cemeteries request was suitable for a variance and are recommending a changing the setback standard specific to Cemeteries. EXHIBITS: EXHIBIT A: Aerial Photo EXHIBIT B: Detail of the Columbarium Structure EXHIBIT C: Draft Ordinance Amendment. Agenda Page 81 ANALYSIS: St. Albert's Cemetery is the only cemetery in Albertville. The cemetery is located on 3.3 acre site located in northeast Albertville. Its location and design provide a degree of isolation from adjoining land uses. The zoning change reducing the setback for the accessory cemetery uses will not impact adjacent properties. The introduction of columbarium to St. Albertville Cemetery is intended to accomplish the following goals 1. Economize on available land. The Cemetery has a finite amount of land ( 3.3 acres) The introduction of the columbarium allow for a more internment sites without consuming the same amount of land as a grave site. 2. The columbarium provides an affordable alternative to a grave site. Structure Design: The proposed Columbarium will be of concrete construction and be approximately 5.5 feet tall, 7.5 feet in length and 3 feet in depth. Each structure will provide 48 separate niches for internment. The Columbarium will be a very passive structure that will fit the landscape of the cemetery and will not create compatibility issues for adjoining properties. RECOMMENDATION: In consideration of the request by St. Albert's Cemetery to introduce columbarium into the cemetery; we the following findings and recommendation. 1. The proposed structures are a good use of the available limited land with the cemetery. 2. The Structures fit the location and landscape of the cemetery. 3. The columbarium is very passive structures with an attractive appearance that will not negatively impact adjoining properties. 4. The reduced setback for the Columbarium structure will not impact adjoining land uses. Based on the finding above, Staff recommends approval of the attached zoning ordinance amendment reducing the setback for columbarium, headstones, grave markers and other cemetery accessory structures to a minimum of 10 feet from all property lines. 1 Agenda Page 82 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF NHNNESOTA ORDINANCE NO. 2021-09 AN ORDINANCE AMENDING THE ALBERTVILLE ZONING CHAPTER 4850,P/I PUBLIC/INSTITUTIONAL ZONING DISTRICT RELATED TO SETBACKS APPLICABLE TO CEMETERIES The City Council of the City of Albertville,Minnesota hereby ordains: Section 1. Chapter 4850 P/I Public/Institutional District, Section 4850.4 Conditional uses: Cemeteries or Memorial Garden of the Albertville City Code is hereby amended to repeal the strikeouts and add the following underlined text: D. All Cemetery buildings shall meet the minimum district setbacks for principal structures. Columbarium, head stones, grave markers and other accessory cemetery structures shall be setback a minimum of 10 feet from all lot lines. Section 2. This ordinance shall be effective upon its passage and publication. Adopted by the City Council of the City of Albertville on this 21s' day of June, 2021. Jillian Hendrickson, Mayor ATTEST: Kristine A. Luedke, City Clerk Agenda Page 83 �lbcrtvillc Small Town Wag.ffig ON Lft. Mayor and Council Request for Action June 21, 2021 SUBJECT: PLANNING AND ZONING—THRIFT STORE AND SECONDHAND STORE REGULATIONS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: MOTION TO: Adopt Ordinance No. 2021-10 amending the Albertville Zoning Code relating to the definition and regulation of Thrift Stores and Secondhand Store within the City's Commercial Zoning Districts. BACKGROUND: In December of 2020, the City of Albertville passed Ordinance No. 2020-07, an interim moratorium ordinance temporarily prohibiting new thrift stores in the City for 12 months. The moratorium ordinance provided an opportunity to conduct a study of thrift store locations, concentrations, and operational characteristics and determine the appropriate regulation of such uses within in the City. In response to the City's directive, a study was conducted examining the operations specific to thrift stores/secondhand stores, including the on-site in-take or drop-off of goods, the processing of goods, retailing, the warehousing of goods, the distribution to other facilities, and disposal or recycling of non-saleable goods. Further, the study examined thrift/secondhand stores'unique operations on-site planning, building design, and potential impacts on adjoining businesses. The study also offered options to address the land use concerns through appropriate zoning amendments. The Study dated March 3, 2021, was presented for discussion to the Planning Commission on March 9, 2021. At that meeting, the Planning Commission agreed that the operational characteristic of thrift/secondhand stores differed from other retailers in the receipt, process and disposable of unsalable goods which if unregulated can negatively impact the commercial areas and adjoining businesses. The Study was then presented to the City Council on April 5, 2021, the Council expressed concern for the operational characteristic of larger freestanding thrift/secondhand stores. The scale of these larger operations has industrial characteristics that may not be compatible within the City commercial zoning districts. City staff has prepared a draft ordinance to define and regulate thrift/secondhand stores within the City's commercial zoning district for review by the Planning Commission and City Council. The Albertville Planning Commission held a public hearing on June 8, 2021, and reviewed the draft zoning code amendment, staff reports and heard public testimony. At the close of the public hearing, the Planning Commission recommended that the City Council approve the zoning code amendments regulating thrift/secondhand stores in the Albertville's commercial zoning districts. Agenda Page 84 Mayor and Council Request for Action—June 21,2021 Thrift Store and Secondhand Store Regulations Page 2 of 2 KEY ISSUES: • The thrift/secondhand store definition encompasses a broad variety of businesses, including antique shops, consignment shops,pawnshops, collectibles, specialty thrift stores and general merchandise secondhand stores. This definition includes both for- profit and non-profit establishments. • Nationally,thrift stores are growing in number and popularity. The customer profile is expanding to include younger consumers and a broader range of income groups. • The receipt and processing merchandise and the disposable of unsaleable goods at the commercial site presents operational issues with outdoor storage, uncontrolled drop-off of goods, large disposal needs for unsaleable items. These user characteristic distinguish thrift/secondhand store from other retailers. These use characteristic can negatively impact surrounding businesses if not regulated • In recognizing the operational characteristics of thrift stores/secondhand stores; Cities have regulated these uses in different ways. Albertville specifically lists Pawnshops as a prohibited use in all business zoning districts. • Some Cities regulate thrift stores/secondhand stores through licensing. • Some Cities have adopted regulations the specifically address the operational issues related to thrift stores/secondhand stores. • Some Cities have addressed the issue by limiting the size of these uses within zoning districts. • The current Albertville Zoning Code does not distinguish thrift stores/secondhand stores from other retail uses which are permitted uses in all commercial zoning districts. • Albertville does not have zoning regulations specific to the establishment of thrift stores/ secondhand stores within the community. POLICY/PRACTICES CONSIDERATIONS: In accordance with State Law, a public notice was published and a public hearing held by the Planning Commission on June 8, 2021. Upon closing the public hearing and discussion,the Planning Commission recommended the City Council approve this amendment to the city's ordinance language. LEGAL CONSIDERATIONS: In accordance with Council procedures, the Mayor and City Council have the authority to approve or deny these amendments. Department/Responsible Person: Alan Brixius, City Planner Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: • Planning Report dated May 25, 2021 • Ordinance 2021-10 Agenda Page 85 a NORTHWEST ASSOCIATED CONSULTANTS , INC. 4150 Olson Memorial Highway, Ste. 320, Golden Valley, MN 55422 Telephone: 763.957.1100 Website: www.nacplanning.com MEMORANDUM: TO: Adam Nafstad FROM: Alan Brixius DATE: May 25, 2021 RE: Thrift Store / Secondhand Store Code Amendment FILE NO: 163.05 20.09 BACKGROUND In December of 2020, the City of Albertville passed Ordinance No. 2020-07, an interim moratorium ordinance temporarily prohibiting new thrift stores in the City for 12 months. The moratorium ordinance provided an opportunity to conduct a study of thrift store locations, concentrations, and operational characteristics and determine the appropriate regulation of such uses within in the City. In response to the City's directive, a study was conducted examining the operations specific to thrift stores / secondhand stores, including the on-site in-take or drop-off of goods, the processing of goods, retailing, the warehousing of goods, the distribution to other facilities, and disposal or recycling of non-saleable goods. Further, the study examined thrift /secondhand stores' unique operations on-site planning, building design, and potential impacts on adjoining businesses. This study will also offer options to address the land use concerns through appropriate zoning amendments. The Study dated March 3, 2021, was presented for discussion to the planning commission on March 9, 2021. At that meeting the planning commission agreed that the operational characteristic of Thrift / Secondhand stores differed from other retailers in the receipt, process and disposable of unsalable goods the which if unregulated can negatively impact the commercial areas and adjoining businesses. Agenda Page 86 The Study was then presented to the City Council on April 5, 2021 , the Council expressed concern for the operational characteristic of larger freestanding Thrift / Secondhand stores. The scale of these larger operations have industrial characteristics that may not be compatible within the City Commercial zoning districts. City Staff have prepared a draft ordinance to define and regulate Thrift / Secondhand Stores within the City's Commercial zoning district for review by the planning commission and council. EXHIBITS EXHIBIT A Thrift Store / Secondhand Store Ordinance Amendment. ANALYSIS The definition of a "thrift store" is far-reaching in that the resale of used items includes a broad range of businesses, including antique shops, collectible stores, consignment shops, pawnshops, charitable and for-profit thrift stores. Each of these businesses takes in used items at their place of business and may process the used items for resale. The Albertville Zoning Ordinance does not presently include a definition of the term "thrift store" "secondhand store", "antique store", or "consignment store." The Ordinance does, however, include definitions of a "pawn shop" and "pawnbroker." Within the current zoning ordinance these uses would be treated are "retail uses" permitted in each commercial zoning district without any special regulations. The Thrift Store study examined 23 thrift store locations and zoning codes of other communities for regulations specific to this use. The Thrift Store Study resulted in the following findings. 1 . The thrift store definition encompasses a broad variety of businesses, including antique shops, consignment shops, pawnshops, collectibles, specialty thrift stores, and general merchandise secondhand stores. This definition includes both for-profit and non-profit establishments. 2. Nationally, thrift stores are growing in number and popularity. The customer profile is expanding to include younger consumers and a broader range of income groups. 3. The receipt, processing and disposable of unsaleable goods at the commercial site presents operational issues with outdoor storage, uncontrolled drop-off of goods, large disposal needs of unsaleable items. These user characteristic distinguish thrift / secondhand store from other retailers. These use characteristic can negatively impact surrounding businesses if not regulated. Agenda age 87 4. In recognizing the operational characteristics of Thrift Stores/ Secondhand Stores; Cities have regulated these uses in different ways. • Some Cities regulate Thrift Stores / Secondhand stores through licensing. • Some Cities have adopted regulations the specific address the operational issues related to Thrift Stores/ Secondhand stores. • Some Cities have addressed the issue by limiting the size of these uses with the zoning district. 5. Albertville specifically lists Pawnshops as a prohibited use in all business zoning districts. The current Albertville Zoning Code does not distinguish Thrift stores / Secondhand Stores from other retail uses which are permitted uses in all commercial zoning districts. 6. Albertville does not have zoning regulations specific to the establishment of Thrift Stores / Secondhand Stores within the community. CONCLUSION In reviewing the Thrift Store Study, both the Planning Commission and the City Council agreed that Thrift / Secondhand Stores have operational characteristic that are different than general retailers with the receipt, processing and disposable of unsaleable goods on-site. The operational characteristics if unregulated can negatively impact the function and appearance of adjoining businesses and land uses. The City Council inquired as to the options for regulating these uses. The options presented included: 1 . Requiring a conditional use permit with specific conditions for these uses. 2. Prohibition of Thrift Stores / Secondhand Stores within the City. 3. Restricting the size of a Thrift Store / Secondhand Store within the zoning district. Upon considering the aforementioned options, the City Council directed staff to prepare a Code amendment following option 3. The Attached Code Amendment is offered for Planning Commission and Council consideration. The amendment defines Thrift Stores and Secondhand stores and allows them within the City's commercial zoning districts as a permitted use with a restricted size and provided all donations or receipt of goods, processing of goods occur within the building . If deemed acceptable by the Planning Commission, staff recommends approval of the proposed Zoning Code amendment. CC. Maeghan Becker Kris Luedke Mike Couri Agenda2Page 88 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 2021-10 AN ORDINANCE AMENDING THE ALBERTVILLE ZONING CODE RELATING TO THE DEFINITION AND REGULATION OF THRIFT STORES AND SECONDHAND STORES WITHIN THE CITY'S COMMERCIAL ZONING DISTRICTS The City Council of the City of Albertville, Minnesota hereby ordains: WHEREAS, the City finds that thrift/secondhand goods stores that receive goods and merchandise at the store location through donation or sales transaction from the general public, have industrial land use characteristics related to the receipt and storage of goods,processing of goods and disposal of unusable goods that are not compatible within the City's Commercial Zoning District without specific regulation; and WHEREAS, the City has studied this matter and outlined regulations that address the land use characteristics of thrift/secondhand stores for their locations in the City of Albertville. Section 1. Chapter 2, Section 200.2 definition of Commercial Use in the Albertville City Code is hereby amended to add the following definitions: Q. Secondhand Goods: Tangible personal property, previously owned, or used, by a person other than the dealer offering the item for sale, including electronic audio or video equipment, clothing, household items, firearms, power tools, computers, computer-related equipment,jewelry, coins, and precious metals. R. Secondhand Goods Dealer: Any person whose regular business includes selling or receiving secondhand goods, including auction house dealers, consignment house dealers, flea market dealers and antique dealers, but not including used car sales involving vehicles with titles requiring registration with the Minnesota Department of Motor Vehicles under Minnesota Statutes chapter 168, or boats required to be registered with the Department of Natural Resources. S. Thrift Store/Secondhand Store: A shop that sells secondhand goods often supplied by donations from individuals dropping off the items at the shop, as to benefit a charitable organization or for-profit company. Section 2. Chapter 4300 B-2 Limited Business District in the Albertville City Code is hereby amended as follows 4300.2 Permitted Uses Thrift Stores/Secondhand Dealers having a building floor area of 2500 sq. ft. or less with all receipt of goods,processing of goods and disposal of the unusable goods occurring with the principal building or tenant bay. Outdoor receipt of secondhand goods is prohibited. Agenda Page 89 City of Albertville,MN Ordinance No.2021-10 Meeting of June 21,2021 Page 2 4300.5 Prohibited Uses: Thrift Stores/Secondhand Dealers having a building floor area in excess of 2500 sq. ft. Section 3. Chapter 4350 B-2A Special Business District in the Albertville City Code is hereby amended as follows 4350.2 Permitted Uses Thrift Stores/Secondhand Dealers having a building floor area of 2500 sq. ft. or less with all receipt of goods, processing of goods and disposal of the unusable goods occurring with the principal building or tenant bay. Outdoor receipt of secondhand goods is prohibited. 4350.5 Prohibited Uses: Thrift Stores/Secondhand Dealers having a building floor area in excess of 2500 sq. ft. Section 4. Chapter 4400 B-3 Highway Commercial District in the Albertville City Code is hereby amended as follows 4400.2 Permitted Uses Thrift Stores/Secondhand Dealers having a building floor area of 2500 sq. ft. or less with all receipt of goods, processing of goods and disposal of the unusable goods occurring with the principal building or tenant bay. Outdoor receipt of secondhand goods is prohibited. 4400.5 Prohibited Uses: Thrift Stores Secondhand Dealers having a building floor area in excess of 2500 sq. ft. SECTION 5. Chapter 4500 B-4 General Business District in the Albertville City Code is hereby amended as follows 4500.2 Permitted Uses Thrift Stores/Secondhand Dealers having a building floor area of 2500 sq. ft. or less with all receipt of goods, processing of goods and disposal of the unusable goods occurring with the principal building or tenant bay. Outdoor receipt of secondhand goods is prohibited. 4500.5 Prohibited Uses: Thrift Stores/Secondhand Dealers having a building floor area in excess of 2500 sq. ft. SECTION 6. Chapter 4501 B-W Business-Warehousing District in the Albertville City Code is hereby amended as follows 4501.2 Permitted Uses Agenda Page 90 City of Albertville,MN Ordinance No.2021-10 Meeting of June 21,2021 Page 3 Thrift Stores/Secondhand Dealers having a building floor area of 2500 sq. ft. or less with all receipt of goods,processing of goods and disposal of the unusable goods occurring with the principal building or tenant bay. Outdoor receipt of secondhand goods is prohibited. 4501.5 Prohibited Uses: Thrift Stores / Secondhand Dealers having a building floor area in excess of 2500 sq. ft. Section 7. This ordinance shall be effective upon its passage and publication. Adopted by the City Council of the City of Albertville on this 21s' day of June, 2021. Jillian Hendrickson,Mayor ATTEST: Kristine A. Luedke, City Clerk Agenda Page 91