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2014-10-20 CC Agenda Packet City of Albertville Council Agenda Monday, October 20, 2014 City Council Chambers 7:00 PM PUBLIC COMMENTS -The City of Albertville welcomes and encourages public input on issues listed on the agenda or of general community interest. Citizens wishing to address the Council regarding specific agenda items, other than public hearings are invited to do so under Public Forum and are asked to fill out a “Request to Speak Card”. Presentations are limited to five (5) minutes. M:\Public Data\City Council\Council Agendas\2014 Agendas\2014-10-20 CC Agenda.doc Meeting Date: October 20, 2014 1. Call to Order 2. Pledge of Allegiance – Roll Call 3. Recognitions/Presentations/Introductions - None 4. Public Forum – (time reserved 5 minutes) 5. Amendments to the Agenda 6. Consent Agenda All items under the Consent Agenda are considered to be routine by the City staff and will be enacted by one motion. In the event an item is pulled it will be discussed in the order it is listed on the Consent agenda following the approval of the remaining Consent items. These items will be approved by a separate motion. A. Approve the October 6, 2014 regular City Council meeting minutes as presented (pgs 4-10) B. Authorize the Monday, October 20, 2014 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 (pg11 ) C. Approve payment in the amount of $271,148.53 to Kuechle Underground as Partial Payment #1 for the 54th Street NE and Barthel Industrial Drive NE Project D. Approve payment in the amount of $4,750 to Eureka Construction as Partial Payment #12 for I-94 WB-CD Improvements 7. Public Hearings - None 8. Department Business A. City Council 1). Committee Updates (STMA Arena, Planning, JPWB, Parks, Fire Board, etc.) Agenda Page 1 City of Albertville Council Agenda Monday, October 20, 2014 Page 2 of 3 M:\Public Data\City Council\Council Agendas\2014 Agendas\2014-10-20 CC Agenda.doc Meeting Date: October 20, 2014 B. Planning/Zoning 1). Billboard Ordinance Amendment (pgs 12-36) (Motion to adopt Ordinance No. 2014-06 amending Chapter 7, Sign Regulations of the Albertville City Code pertaining to Section 10-7-2 Definitions of adjacent area and Section 10-7-6 Advertising Devices.) 2). Brewery Ordinance & Licensing Amendments (pgs 37-51) (Motion to adopt Ordinance No. 2014-07amending Albertville City Code Chapter 1 Alcoholic Beverages, Section 4-1-4 to identify brewpubs as candidates for the existing on-sale intoxicating liquor license and to provide on-sale/off-sale malt liquor licenses for breweries and brewpubs, and Section 4-1-11 to provide specific licensing conditions for the on-sale/off-sale of malt liquor by breweries and brewpubs) (Motion to adopt Ordinance No. 2014-08 amending Zoning Ordinance Chapter 0200 Rules and Definitions to define brewery terms, Chapter 2900 Breweries in order to provide standards for conditional brewery uses in commercial districts, and Chapter 4300 B-2 Limited Business District, Chapter 4350 B2-A Special Business District, Chapter 4400 B-3 Highway Commercial District, Chapter 4500 B-4 General Business District, and Chapter 4501 B-W Business Warehousing District to provide breweries with taprooms as a conditional use. ) C. City Clerk 1). John Hardy’s BBQ Liquor License Application (pgs 52-66) (Motion to approve a New Liquor License Application for Wine and 3.2% Malt Liquor by John Hardy’s BBQ, located at 6730 Laketowne Place NE, contingent upon receipt of the following: • $75.00 fee for background checks • Successful completion/results of background checks • Proof of Liquor Liability Insurance/Workers Compensation • Pro-rated liquor license fee ($70.00 for license period Dec. 15, 2014 – Apr. 14, 2015 OR $52.50 for license period Jan. 15, 2015-Apr. 14, 2015) • Completion of MN AGED required forms) D. Finance - None E. Public Works / Engineering - None F. Building - None G. Legal - None Agenda Page 2 City of Albertville Council Agenda Monday, October 20, 2014 Page 3 of 3 M:\Public Data\City Council\Council Agendas\2014 Agendas\2014-10-20 CC Agenda.doc Meeting Date: October 20, 2014 H. Administration 1). City Administrator’s Update (pgs 67-68) 9. Announcements and/or Upcoming Meetings October 27 Joint Powers Water Board, 6:30 p.m. October 29 Engel Haus Grand Opening, 1:00-4:00 p.m. November 3 City Council, 7:00 p.m. November 4 General Election, 7:00 a.m. – 8:00 p.m. November TBD Planning Commission, 7:00 p.m. November 10 Canvass Board, 5:45 p.m. STMA Ice Arena Board, 6:00 p.m. November 11 Veterans Day, City Offices Closed November 17 City Council, 7:00 p.m. November 24 Joint Powers Water Board, 6:30 p.m. Parks Committee, 8:00 p.m. November 27 Thanksgiving Day, City Offices Closed November 28 Day After Thanksgiving, City Offices Closed OCTOBER NOVEMBER Su M Tu W Th F Sa Su M Tu W Th F Sa 1 2 3 4 1 5 CC 6 7 8 9 10 11 2 CC 3 4 5 6 7 8 12 Ice 13 PC 14 15 16 17 18 9 Ice10CC H 11 PC12 13 14 15 19 CC 20 21 22 23 24 25 16 CC 17 18 19 20 21 22 26 JP27 28 29 30 31 23 JP24PK 25 26 H 27 H28 29 30 10. Adjournment Agenda Page 3 Page 1 ALBERTVILLE CITY COUNCIL Monday, October 6, 2014 DRAFT MINUTES ALBERTVILLE CITY HALL 7:00 PM 1. CALL TO ORDER - PLEDGE OF ALLEGIANCE Mayor Hendrickson called the meeting to order at 7:02 p.m. 2. ROLL CALL Present: Mayor Hendrickson and Council members Olson, Sorensen, Vetsch, and Wagner Others Present: City Administrator-PWD Adam Nafstad, City Planner Alan Brixius, City Attorney Mike Couri, City Clerk Kimberly Olson, Nick Rogosienski, Scott Pierson, Pat Adamski, Ron Gobliasch, Jeff Edelman, Jason Warehime, Dana Berg, Josh Opiola, Jay Eull, Dennis Miedema, Richard Kolles, Jerry Baron, Joe Holtz, Tama Holtz, and Tom DeQuattro 3. RECOGNITIONS-PRESENTIONS-INTRODUCTIONS - None 4. PUBLIC FORUM There was no present for the forum. 5. APPROVAL OF THE AGENDA Hendrickson moved Item D2 STMA Youth Hockey Association Gambling Permit to immediately after the Consent Agenda. Sorensen added City Newsletter as Item H2 under Administrator. Motioned by Vetsch, seconded by Hendrickson, to approve the Agenda as amended. Ayes: Hendrickson, Olson, Sorensen, Vetsch, and Wagner. Nays: None. Absent: None. MOTION DECLARED CARRIED. 6. CONSENT AGENDA All items under the Consent Agenda are considered to be routine by the City staff and will be enacted by one motion. In the event an item is pulled, it will be discussed in the order it is listed on Agenda Page 4 City Council Meeting Minutes Page 2 Regular Meeting of October 6, 2014 the Consent Agenda following the approval of the remaining Consent items. These items will be approved by a separate motion. A. Approve the September 15, 2014 regular City Council meeting minutes as presented B. Authorize the Monday, October 6, 2014 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. Adopt Resolution No. 2014-031 entitled a Resolution Awarding the Sale of $655,000 General Obligation Improvement Bond, Series 2014A; Fixing Its Form and Specifications; Directing Its Execution and Delivery; and Providing for Its Payment D. Adopt Resolution 2014-032 increasing the debt service levy for G.O. Bond 2008B E. Accept the municipal improvements and to reduce Letter of Credit No. 163905277 held as security for the Guardian Angels development to no less than $31,200, conditioned on any outstanding balances owed to the City being paid in full F. Approve Resolution 2014-033 appointing additional Official Election Judges for the 2014 General Election Motioned by Olson, seconded by Sorensen, to approve the Consent Agenda as presented. Ayes: Hendrickson, Olson, Sorensen, Vetsch, and Wagner. Nays: None. Absent: None. MOTION DECLARED CARRIED. D2). STMA Youth Hockey Association Application for Gambling Premises Permit for Willy McCoys, located at 5651 LaCentre Avenue NE Dana Berg and Josh Opiola, STMA Youth Hockey Association Gambling Managers, explained they were approached by Willy McCoys, 5651 LaCentre Avenue NE, to take over the gambling operations at the restaurant. They stated they discussed it at a Board meeting and felt they would be able to successfully oversee another gambling premises permit. Berg stated that the gambling is currently being conducted by the Albertville Lions at the restaurant. Hendrickson stated that individual council members have had some opportunity to talk to members of both the Albertville Lions and the STMA Youth Hockey Association before the meeting and would like to give each group the opportunity to speak as well as the owner of Willy McCoys. However, this is the first time the Council has been able to discuss this item as a whole and will discuss after the groups have spoken. Jay Eull, Albertville Lions, reported how their proceeds have been dispersed within the community and stated that without the proceeds from gambling at Willy McCoys, their charitable donations would drastically be reduced from that of what they are currently able to provide the community. Eull stated the Lions had willingly given up one of the Lions premises to the STMA Youth Hockey Association a few years ago when STMA YHA was first interested in Agenda Page 5 City Council Meeting Minutes Page 3 Regular Meeting of October 6, 2014 a gambling premises permit to fund a second sheet of ice. He stated that right now each organization has two establishments at which they hold gambling. He asked the Council to consider not allowing one organization to have a monopoly on the number of gambling premises permits. Tom DeQuattro, Willy McCoys owner, stated that it was a business decision on his part to ask the STMA YHA to take over the gambling at the premises. He stated that he has had problems with the Lions gambling operation since they opened for business. He stated that customers have asked for specific games and the Lions have not provided them. He stated this was purely a business decision and wanted it on the record that he was the one that approached the STMA YHA. The Lions stated they had not been aware that there had been issues until about two months ago when it was brought up at a monthly meeting. The Lions asked for another chance to make things right and reiterated that without the proceeds from Willy McCoys, there will be a great impact on how they can give back to the community. DeQuattro stated the issues are too far gone now and as a business owner would like to see a change in the organization operating gambling in his restaurant. The Lions stated they may have lost sight of Willy McCoys as a customer, but want a chance to make that up. Wagner asked what the City Council must legally do regarding the application by the STMA YHA. Attorney Couri explained that the City is required to approve any gambling permit at the local level before the State can issue a gambling premises permit, so the City would either have to approve or deny the application that has been submitted. However, the City is not required to make that decision tonight. Wagner inquired whether the business owner had no other recourse and Couri replied that legally a permit cannot be issued without the City’s approval. Sorensen inquired what the STMA YHA’s proceeds have been used for recently. Opiola replied the majority of the proceeds from the previous year have gone to opening and operating the hockey dry land facility. Joe Holtz, Neighbor’s Saloon and Eatery owner, stated that he has had the opportunity to work with both groups. He stated that both organizations are good to work with. He spoke about the importance of getting youth active in sports and how it can build community. Sorensen stated that he liked how each organization currently has 50% of the establishments that have gambling and that seems fair. Wagner inquired of DeQuattro if his request was based on demographics, if he was trying to bring in a different crowd. DeQuattro replied it was not and again was purely a business decision. DeQuattro stated he did not want any hard feelings in the community and would be willing to give the Lions a second chance. He stated however, that if in a few months Agenda Page 6 City Council Meeting Minutes Page 4 Regular Meeting of October 6, 2014 there have been no changes, he would ask the Council again to approve the STMA YHA gambling premises permit. He thanked Council for their time. The Lions thanked DeQuattro. 7. PUBLIC HEARING – None 8. Department Business A. Planning/Zoning 1). Billboard Update Brixius stated staff will be bringing a draft sign ordinance amendment to the next Planning Commission meeting and then onto the next City Council meeting. Brixius stated that they are looking at amending two areas of the definition of the term “adjacent”. The amendments are: parcels must abut I-94 and be limited to a strip of land no more than four hundred(400) feet in width measured from the midpoint of the center median between opposing traffic lanes on I-94 and extending out either sides of I-94. Staff also included a provision that would require the billboard applicant to provide a written acknowledgment waiving rights to claim damages resulting from future improvements to I-94 that may impact the visibility of the sign. Brixius also stated staff is looking at some language regarding architectural standards on the billboard supports to enhance the overall look of the billboards. Brixius also reported the applicant who asked for these amendments to the sign ordinance has offered the City use of the billboard for announcements. Couri stated that he would foresee this used for public service announcements and they must remember that the majority of people seeing the sign are traveling through Albertville. He suggested they draw up a contract regarding City use of the sign prior to or at the time of approval. Brixius stated he was looking for feedback from the Council and to see if they recommend any changes to the proposed ordinance amendments. Council did not have any changes before it goes to the Planning Commission. B. City Council 1). Committee Updates (STMA Arena, Planning, JPWB, Parks, Fire Board, etc.) Parks Committee Sorensen reported the Hunters Pass HOA had asked the City to take over maintenance of the park. He stated they will need to put a sign up identifying the park since there is currently not one there and stated if the Council wished to change the name, now would be a good time. He believed it to be a good idea to keep the name of the addition in the park name. Agenda Page 7 City Council Meeting Minutes Page 5 Regular Meeting of October 6, 2014 Sorensen reported the Lions will have the caboose delivered to Central Park towards the end of October. 2). Appointment of City Council member to Beyond the Yellow Ribbon Campaign Committee Nafstad reported the Yellow Ribbon Campaign needed someone from City leadership to attend the Steering Committee meetings. He stated they could assign a roaming appointment to the committee of several Council members. Hendrickson and Olson were interested in attending, but not sure if their calendars would allow them to attend the meeting. Vetsch stated he would be willing to attend the meeting. Cedergren stated the meeting will be held on Monday, October 13 at 6:30 p.m. at the FYCC building. C. Finance – None D. City Clerk 1). City Center Smartphone Mobile App Nick Rogosienski, CITYCENTER, was present at the meeting. He presented the idea of a Smartphone App based solely on Albertville. It would be designed around the City of Albertville’s brand and would include city-wide communications to all users, notification of City events, all-inclusive Community calendars including City, school, and non-profit events, e-notification of City issues and service requests, identification and advertisement of nearby local businesses, school alerts, an electronic new resident kit, and GPS location-based communications. The app would be created using custom design and branding for the City of Albertville and the app would be free of charge for users. City Center would solicit local businesses to enter into advertising agreements for a fee. Rogosienski stated CITYCENTER would like Albertville to be the pilot city for their app and in return would design the app at no charge as long as the City signed a contract to promote the app and be willing to talk to other cities about the City’s experience with the app. Nafstad stated that this could be a way the City could help to promote local businesses as they often receive requests from businesses to include advertisements in City publications. He stated that the service request/notifications could generate a lot more work for staff, so they will have to look at that carefully. Sorensen inquired how much staff time would be involved. Nafstad stated staff would be involved in designing the initial setup as well as responding and/or distributing those service requests. Rogosienski stated that once they have businesses on board, they will assign a community manager to maintain the app. Motioned by Sorensen, seconded by Hendrickson, to approve the contract with CITYCENTER subject to the City Attorney’s review and minor changes. Ayes: Hendrickson, Olson, Sorensen, Vetsch, and Wagner. Nays: None. Absent: None. MOTION DECLARED CARRIED. Agenda Page 8 City Council Meeting Minutes Page 6 Regular Meeting of October 6, 2014 2). Set Date to Canvass November 4, 2014 Election Results Motioned by Hendrickson, seconded by Sorensen, to set a meeting date for Monday, November 10, 2014 at 5:45 p.m. at City Hall, Council Chambers to canvass the results of the November 4, 2014 General Election. Ayes: Hendrickson, Olson, Sorensen, Vetsch, and Wagner. Nays: None. Absent: None. MOTION DECLARED CARRIED. 3). Set Truth in Taxation Hearing Meeting for Monday, December 1, 2014 at 6:00 p.m. at City Hall, Council Chambers Motioned by Sorensen, seconded by Olson, to set the date of Monday, December 1, 2014 at 6:00 p.m. for the Truth-in-Taxation hearing. Ayes: Hendrickson, Olson, Sorensen, Vetsch, and Wagner. Nays: None. Absent: None. MOTION DECLARED CARRIED. E. Public Works/Engineering – None F. Building – None G. Legal – None H. Administration 1). City Administrator’s Update Nafstad reported that he and Clerk Olson attended the first Board meeting at the new Engel Haus development and received a tour of the facility. President/CEO Dan Dixon presented them with an angel figurine to express their thanks for working with them to bring the facility into a realization. Nafstad reported that Arvig Network Services is looking for a small site to lease at the Public Works property to build a utility hut. Council had no issues and directed staff to draft a lease. Nafstad reported that work on County Road 37 and 19 will start on October 14. The work will disturb the loop detector and timers and may cause some congestion. Vetsch inquired if they will be using concrete to make the repairs and Nafstad replied the County will not due to expense. Nafstad stated staff has a Fire Board meeting on October 15 and will present a draft Fire Chief job description. 2). City Newsletter Sorensen asked Nafstad to share what he had found out regarding publishing candidate information/biographies in the newsletter. Nafstad replied that League of Agenda Page 9 City Council Meeting Minutes Page 7 Regular Meeting of October 6, 2014 MN Cities had researched the topic and was of the opinion that inclusion of candidate information in city publications to be a type of in-kind donation and did not recommend doing so. 9. Announcements and/or Upcoming Meetings October 13 STMA Ice Arena Hockey Board, 6:30 p.m. October 14 Planning Commission, 7:00 p.m. October 20 City Council, 7:00 p.m. October 27 Joint Powers Water Board, 6:30 p.m. November 3 City Council, 7:00 p.m. November 4 General Election, 7:00 a.m. – 8:00 p.m. November TBD Planning Commission, 7:00 p.m. November 10 Canvass Board, 5:45 p.m. STMA Ice Arena Board, 6:00 p.m. November 11 Veterans Day, City Offices Closed November 17 City Council, 7:00 p.m. November 24 Joint Powers Water Board, 6:30 p.m. Parks Committee, 8:00 p.m. November 27 Thanksgiving Day, City Offices Closed November 28 Day After Thanksgiving, City Offices Closed 10. ADJOURNMENT Motioned by Vetsch, seconded by Sorensen, to adjourn the meeting at 9:26 p.m. Ayes: Hendrickson, Olson, Sorensen, Vetsch, and Wagner. Nays: None. Absent: None. MOTION DECLARED CARRIED. Respectfully submitted, ___________________________________ Kimberly A. Olson, City Clerk Agenda Page 10 Mayor and Council Request for Action M:\Public Data\City Council\Council Packet information\2014\102014\2014-10-20 Finance Bills Report (RCA).doc Meeting Date: October 20, 2014 October 16, 2014 SUBJECT: CONSENT - FINANCE – PAYMENT OF BILLS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Authorize the Monday, October 20, 2014 payment of the claims as presented except the bills specifically pulled, which are passed by separate motion. The claims listing has been provided to Council as a separate document. The claims listing is available for public viewing at City Hall upon request. BACKGROUND: The City processes claims on a semi-monthly basis. The bills are approved through their respective departments and administration and passed onto the City Council for approval. KEY ISSUES: • Account codes starting with 810 are STMA Arena Expenses/Vendors (bolded) and key issues will be presented in the claims listing document. POLICY/PRACTICES CONSIDERATIONS: It is the City’s policy to review and approve payables on a semi-monthly basis. FINANCIAL CONSIDERATIONS: City staff has reviewed and recommends approval of payments presented. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve all bills pursuant to Minnesota State Law, which requires all bills to be paid in a timely manner, generally within 30 days unless one party determines to dispute the billing. Responsible Person: Tina Lannes, Finance Director Submitted through: Adam Nafstad, City Administrator-PWD Attachment: List of Claims (under separate cover) Agenda Page 11 M:\Public Data\City Council\Council Packet information\2014\102014\2014-10-20 Nelson Billboard Permit Appeal RCA.doc Meeting Date: October 20, 2014 Mayor and Council Request for Action _____________________________________________________________________________ October 14, 2014 SUBJECT: PLANNING DEPARTMENT – BILLBOARD ORDINANCE AMENDMENT RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following motions: MOTION TO: Adopt Ordinance No. 2014-06 amending Chapter 7, Sign Regulations of the Albertville City Code pertaining to Section 10-7-2 Definitions of adjacent area and Section 10-7- 6 Advertising Devices. BACKGROUND: In June 2014, City staff met with Sheila DeVine of Warnert Commercial Real Estate LLC to discuss options for the construction of a billboard on Block 1, Lot 1, Field Plaza 2nd Addition (the lot west of Space Aliens). Staff made the determination that the site does not currently qualify as a billboard site under Albertville’s Sign Ordinance. On July 21, 2014, the City received a permanent sign permit application to construct a dynamic billboard on Block 1, Lot 1, Field Plaza 2nd Addition. After a phone discussion with the applicant, City staff issued an August 7, 2014 letter denying the sign permit finding that the site is not eligible for a billboard. On August 22, 2014, the City received a request for Council appeal of the sign permit denial. The City Council, upon hearing of the appeal on September 15, 2014, directed City staff to re- examine the Albertville Sign Code pertaining to billboards and effectuate an ordinance change to accommodate this billboard request. In encouraging the ordinance change, the Council noted the following findings: 1. The City’s Comprehensive Plan promotes the improvements to CSAH 19 and Interstate 94 to provide for a full interchange. The City has secured right-of-way to facilitate these improvements. The subject site will qualify as a billboard site when these improvements are in place. 2. Through the Sign Code performance standards, the City may only have three eligible billboard sites remaining in the City. 3. The construction of dynamic billboards will provide opportunities to promote community businesses and community events. City staff drafted a report addressing an amendment to the Albertville Sign Code to accommodate the billboard request, and presented the report and a draft ordinance amendment for consideration by the Planning Commission. On October 14th, 2014 the Planning Commission held a public hearing to consider the draft ordinance. After considering the staff report and public testimony, they closed the public hearing and made a recommendation to the City Council to approve the draft ordinance as attached. Agenda Page 12 M:\Public Data\City Council\Council Packet information\2014\102014\2014-10-20 Nelson Billboard Permit Appeal RCA.doc Meeting Date: October 20, 2014 The ordinance amendment addresses City Code Title 10 Building and Development Regulations, Chapter 7 Sign Regulations, Sections 10-7-2 Definitions and 10-7-6.A.1 Advertising Devices: Section 10-7-2 Definitions is being amended in order to revise the definition of “adjacent area” to include the site subject to the appeal within the adjacent area definition, which would allow the parcel to host a billboard sign. The amendment defines “adjacent area” as parcels directly abutting either the Interstate 94 right-of-way or City-owned right-of-way, and limited to a strip of land 400 feet in width measured from the midpoint of the center median on Interstate 94. The 400 foot width is inclusive of all the existing billboard signs. Section 10-7-6.A.1 Advertising Devices is being amended to: 1) Repeal the previous adjacent area width reference in favor of the new adjacent area definition. 2) Establish a waiver of damages requirement for billboards constructed prior to planned Interstate 94 road and interchange improvements, with the understanding that once constructed road improvements may impact billboard sight lines. 3) Require an enhanced architectural treatment of billboard supports in order to enhance the overall appearance of billboards in the community. Enhanced architectural treatments may consist of natural or synthetic materials that have the appearance of stone, brick, or stucco, and must cover 80% of the exterior face on all sides of the structure. POLICY/PRACTICES CONSIDERATIONS: None. FINANCIAL CONSIDERATIONS: None. LEGAL CONSIDERATIONS: In accordance with Council procedures, the Mayor and City Council has the authority to approve or deny ordinance amendments. Submitted Through: Adam Nafstad, City Administrator-PWD Responsible Person/Department: Alan Brixius, City Planner Attachments: Ordinance No. 2014-06 Planning report dated October 8, 2014 Agenda Page 13 Page 1 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA DRAFT 10/15/14 ORDINANCE NO. 2014-06 AN ORDINANCE AMENDING CHAPTER 7, SIGN REGULATIONS OF THE ALBERTVILLE CITY CODE PERTAINING TO SECTION 10-7-2 DEFINITIONS OF ADJACENT AREA AND SECTION 10-7-6 ADVERTISING DEVICES THE CITY COUNCIL OF THE CITY OF ALBERTVILLE ORDAINS: SECTION 1. Chapter 7, Section 10-7-2 Definitions of the Albertville Sign Code is hereby amended to read as follows: Adjacent Area: For the purpose of Section 10-7-6 of this Ordinance, adjacent area shall be defined as a strip of land that is immediately adjacent and parallel to Interstate 94 through Albertville and meets both of the following criteria: 1. The adjacent area shall only include land parcels or lots that directly abut the Interstate 94 right-of-way, or City-owned right-of-way intended for future interstate access improvements, otherwise known as CSAH 19/Interstate 94 and CSAH 37/Interstate 94 interchange improvements. Parcels acquired solely for drainage and utility or ponding purposes shall not be considered an adjacent area. Parcels that do not directly abut the aforementioned rights-of-way are not within the adjacent area. 2. The adjacent area shall be limited to a strip of land four hundred feet (400’) in width measured from the midpoint of the center median between the opposing traffic lanes of Interstate 94 and extending out either sides of Interstate 94 (see graphic below). SECTION 2. Chapter 7, Section10-7-6.A.1 Advertising Devices is hereby amended to read as follows: Deleted: A strip of land one hundred feet (100’) in width immediately adjacent to and along and parallel to the right-of-way, except for off-ramps, takeoff ditches, or similar areas where the area shall be measured form the prolongation of the normal right- of-way. Agenda Page 14 City of Albertville County of Wright Ordinance No. 2014 - 06 Advertising Devices Page 2 Page 2 10-7-6: ADVERTISING DEVICES: A. General Standards: Advertising devices shall comply with the standards in this subsection: 1. Advertising devices shall only be allowed within the adjacent area, as defined in Section10-7-2 of this Chapter. SECTION 3. Chapter 7, Section 10-7-6.A. General Standards is hereby amended to add the following language: 10. Advertising devices shall have the vertical support structure of the sign (such as pole) concealed with architectural embellishments consisting of natural stone, brick, masonry panels, stucco, or synthetic material that has the appearance of natural stone, brick or stucco over eighty (80) percent of the exterior face on all sides of the structure. 11. No sign permit to erect an advertising device on parcels or lots that are abutting City-owned right-of-way intended for future interstate access improvements, shall be issued unless an acknowledgement and waiver of future damages is first signed by the applicant and all property owners and submitted to the City. Said acknowledgement and waiver shall be in the form approved by the City Attorney, and shall acknowledge that future construction of CSAH 19/Interstate 94 and CSAH 37/Interstate 94 interchange improvements may impact the visibility of the proposed device/sign. The acknowledgement and waiver shall require the applicant and property owners to hold the City harmless and waive all damage claims arising as a result of such improvements, including, but not limited to, claims arising from the obstruction of the view of any advertising device installed on the permitted property pursuant to a sign permit issued by the City. Said acknowledgement and waiver shall not apply to damages resulting from the physical occupation of the applicant’s real property by the City. Said acknowledgement and waiver shall be submitted to the City with the application for a sign permit. Failure to submit such acknowledgement and waiver shall result in a denial of the requested sign permit or the refusal of the City to process the application due to its incomplete status. Deleted: one hundred feet (100’) Deleted: , on either side of Interstate 94, according to this subsection. Agenda Page 15 City of Albertville County of Wright Ordinance No. 2014 - 06 Advertising Devices Page 3 Page 3 THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY FOLLOWING ITS PASSAGE AND PUBLICATION. Approved by the Albertville City Council this ____ day of ___________ 2014. __________________________ Jillian Hendrickson, Mayor Attest: ___________________________ Kimberly A. Olson, City Clerk Agenda Page 16 5 PLANNING REPORT TO: Adam Nafstad FROM: Alan Brixius DATE: October 8, 2014 RE: Albertville – Nelson Billboard Permit Appeal FILE NO: 163.06 – 14.05 BACKGROUND In June 2014, City staff met with Sheila DeVine of Warnert Commercial Real Estate LLC to discuss options for the construction of a billboard on Block 1, Lot 1, Field Plaza 2nd Addition (the lot west of Space Aliens). In that meeting, we discussed whether this site qualified as a billboard site under Albertville’s Sign Ordinance. The discussion resulted in a follow up email dated June 23, 2014 (Exhibit C) that outlines staff findings that the site does not meet City Code standards. On July 21, 2014, the City received a permanent sign permit application to construct a dynamic billboard on Block 1, Lot 1, Field Plaza 2nd Addition. After a phone discussion with the applicant, City staff issued an August 7, 2014 letter denying the sign permit finding that the site is not eligible for a billboard (Exhibit D). On August 22, 2014, the City received a request for Council appeal of the sign permit denial (Exhibit E). The City Council, upon hearing of the appeal on September 15, 2014, directed City staff to re-examine the Albertville Sign Code pertaining to billboards and effectuate an ordinance change to accommodate this billboard request. In encouraging the ordinance change, the Council noted the following findings: 1. The City’s Comprehensive Plan promotes the improvements to CSAH 19 and Interstate 94 to provide for a full interchange. The City has secured right-of-way to facilitate these improvements. The subject site will qualify as a billboard site when these improvements are in place. 2. Through the Sign Code performance standards, the City may only have three eligible billboard sites remaining in the City. Agenda Page 17 6 3. The construction of dynamic billboards will provide opportunities to promote community businesses and community events. Attached for reference: Exhibit A: Billboard Analysis Map Exhibit B: Site Location Map Exhibit C: Email Correspondence from Sheila DeVine Exhibit D: Denial Letter, August 7, 2014 Exhibit E: Appeal Letter, August 22, 2014 Exhibit F: Draft Ordinance, October 8, 2014 Exhibit G: Applicant Letter, September 18, 2014 ISSUES AND ANALYSIS Section 10-7-6 of the Albertville Sign Ordinance governs advertising devices (billboards). Provision 10-7-6.A.1 states: “Advertising devices shall only be allowed within one hundred feet (100') ("adjacent area" as defined in section 10-7-2 of this chapter) on either side of Interstate Highway 94, according to the provisions of this subsection.” Section 10-7-2, Definitions defines adjacent area as follows: “ADJACENT AREA: A strip of land one hundred feet (100') in width immediately adjacent to and along and parallel to the right of way, except for off ramps, takeoff ditches or similar areas where the area shall be measured from the prolongation of the normal right of way.” As stated in the City’s letter of denial, City staff made the following findings for denial: 1. The site in question is not immediately adjacent to the Interstate right-of-way. The site is separated from the Interstate by property owned by the City of Albertville. Without this adjacency, the site will not be eligible for a billboard. 2. A second issue exists relating to setbacks. Section 10-7-6 requires advertising devices to meet the minimum setback of the base zoning district. The site is zoned B-3 which requires a 20 foot rear yard setback. The City-owned property to the north has a depth of 88 feet. Even if the property were considered immediately adjacent to the Interstate right-of-way, the 88 foot depth of the City property and the 20 foot setback required on the property places the proposed sign more than 100 feet from the Interstate right-of-way outside of the defined adjacent area. Agenda Page 18 7 The applicant’s appeal suggests that approval of the sign should be granted on the following grounds: 1. The ordinance does not make reference to the adjacency requirement and the adjacent areas by definition may include multiple tiers of lots provided they are within 100 feet of the Interstate right-of-way. 2. The City-owned right-of-way that lies between the applicant’s lot and the Interstate 94 right-of-way is intended to be used as Interstate right-of-way with the development of Phase 2 of the Interchange improvements and should be considered part of the Interstate 94 right-of-way. The applicant cites Section 100.3 of the Zoning Code relating to the Comprehensive Plan as the basis for requiring the City to approve the appeal and issue the sign permit as below: “100.3: RELATION TO COMPREHENSIVE MUNICIPAL PLAN: It is the policy of the city that the enforcement, amendment, and administration of this ordinance be accomplished with due consideration of the recommendations contained in the city comprehensive plan as developed and amended from time to time by the planning commission and city council of the city. The council recognizes the city comprehensive plan as the policy to regulate land use and development in accordance with the policies and purpose herein set forth. (Ord. 1988-12, 12-19-1988)” NEW ORDINANCE LANGUAGE Exhibit F is the proposed draft ordinance for Planning Commission and City Council consideration. The proposed changes affect Section 10-7-2, Definitions and Section 10-7-6, Advertising Devices. Section 10-7-2, Definitions. In revising the definition of adjacent area, staff is working to achieve the following objectives: 1. The new definition includes the site subject to the appeal within the adjacent area definition. This site is currently separated from the existing freeway right-of-way by City-owned right-of-way. While the City-owned right-of-way is intended to facilitate future improvements to the CSAH 19/Interstate 94 access, it currently has the existing site lying outside of the adjacent area and not eligible for a billboard until the Interstate 94 improvements are completed. 2. The definition clearly eliminates properties that do not physically abut the Interstate or City-owned rights-of-way for Interstate access improvements from the adjacent area. These properties are not eligible for billboards. Agenda Page 19 8 3. The definition also requires the entire billboard to be located within 400 feet of the midpoint of the center median of the two opposing traffic lanes. This measuring point, as illustrated below, provides a constant point of measurement. The 400 foot width is inclusive of all the existing billboard signs. The changes to the definition of adjacent area is intended to add clarity for the application of the billboard regulations. The impact of the changes include the subject site as an eligible billboard site. Based on this ordinance change and current sign standards, the City may have three eligible sites available in the City (see Exhibit A). Section 10-7-6, Advertising Devices. The changes to the advertising devices section of the Albertville Sign Code include: 1. Repeal of the previous 100 foot adjacent area width reference in favor of the new adjacent area definition. 2. Acknowledgement and waiver of damages resulting from future improvements to the CSAH 19/Interstate 94 bridge, ramps and traffic lanes. The City has approved conceptual plans for the CSAH 19/Interstate 94 ramps and C-D Road, however, final construction plans are not complete. In allowing the construction of a sign at this site, the applicant risks some obstruction sight lines to a billboard from future improvements to CSAH 19/Interstate 94. In allowing the billboard to be installed prior to Interstate improvements, the City will require the waiver of potential damages. 3. The City, in accommodating billboards, wishes to enhance their overall appearance. In this regard, the final amendment requires an enhanced architectural treatment of the billboard supports. Agenda Page 20 9 CONCLUSION AND RECOMMENDATION The attached Albertville Sign Code amendment provides a clear definition of adjacent area and establishes performance standards to improve billboard appearance. Based on these factors, staff is recommending approval of the Sign Code amendment. With this approval of the Sign Code amendment, Mr. Nelson may proceed with the billboard permit for the property at Block 1, Lot 1, Field Plaza 2nd Addition with the submission of plans that demonstrate: 1. Location of the billboard entirely within the defined adjacent area and meets the zoning district setbacks. 2. The support structure meets the established architectural standards. 3. The applicant provide the written acknowledgement and waiver of damages from future CSAH 19/Interstate 94 access improvements. The applicant has also offered free community advertising on the new sign (see Exhibit G). The applicant’s attorney will present a user agreement to the City Council. c: Kim Olson Sue Schwalbe Paul Heins Mike Couri Stephen Nelson Patrick Cole, Larkin Hoffman Agenda Page 21 Z 0 1,000 2,000 3,000 4,000500Feet Albertville Billboard Study A B C D E F G H I J K ML N O P Q R S T U V W X Y AA BB / Prolongation of the normal ROW Adjacent Area: A strip of land 100 ft in width immediately adjacent to and along and parallel to the right of way, except for off ramps, takeoff ditches of similar areas where the area shall be measuredfrom the prolongation of the normal right of way. Source: Wright County, DNR, & Northwest Associated Consultants. Date: October 2, 2014.Note: For planning purposes only. 400 ft. buffer from center median Questionable 1,000 ft spacing City Limits Parcels 1,000 ft spacing EXHIBIT A10Agenda Page 22 Wright County, MN Date Created: 9/9/2014 Parcel ID 101R Sec/Twp/Rng n/a Property Address Alternate ID n/a Class n/a Acreage n/a Owner Address n/a District n/a Brief Tax Description n/a (Note: Not to be used on legal documents) Last Data Upload: 9/9/2014 7:45:38 AM 451 ft Overview Legend Roads CSAHCL CTYCL MUNICL PRIVATECL TWPCL City/Township Limits c t Parcels EXHIBIT B 11Agenda Page 23 From: Sheila DeVine [mailto:sdevine@warnert.com] Sent: Thursday, July 03, 2014 10:23 AM To: Alan Brixius Subject: RE: Space Aliens Second lot - Billboard Good morning Al, Can you tell me when you think the right of way might finally be developed? Of course, the owners are asking me as well as the other prospect I have. If they put their business on this site… when will the road come through… as they will want to take it into consideration for their building and what it will do to their business once it is constructed and in use. Crystal ball question, I know. Just looking for your personal opinion…. SHEILA L. DE VINE WARNERT COMMERCIAL REAL ESTATE, LLC 320.492.3230 Cell www.warnertcommercial.com PEOPLE DOING BUSINESS WITH PEOPLE From: Alan Brixius [mailto:abrixius@nacplanning.com] Sent: Monday, June 23, 2014 11:39 AM To: sdevine@warnert.com Cc: anafstad@ci.albertville.mn.us; mike@couriruppe.com; sschwalbe@ci.albertville.mn.us; kolson@ci.alb ertville.mn.us Subject: Space Aliens Second lot - Billboard Sheila: I tried to phone you last week regarding this matter but was unsuccessful. A few weeks ago we met and discussed the possibility of locating a billboard on the second Space Alien Lot, in researching this location we find that it meets the 1000 foot setback between the billboards on the south side of the interstate. However, the site fails to meet the Adjacent Area definition of the Albertville Sign Ordinance, that requires any billboard to fall in a strip of land 100 feet in width immediately adjacent to and along and parallel to the Interstate right of way. Currently there is city street right of way that separates the Space Alien lot from the interstate. While this right of way will eventually be dedicated as Interstate Right of Way when the County Road 19 ramp is installed, until this happens the site in question is not eligible for a billboard. City Staff asked the council if they would grant any exception for the Space Alien site or if the City would allow the bill board on the City owned right of way. The council was not receptive to either of these options due to the following concerns. 1. The Council is not inclined to place the billboard on City right of way and take away this future opportunity from the private property owner. 2. The Council is not willing to waive the Adjacent Area provision, not knowing what the future plans for the County 19 ramp may be with regard to ramp location or bridge height. We are concerned that the future ramp design / bridge design may interfere with the billboard location, sight lines or other operation features that may result in conflicts between the city and EXHIBIT C12Agenda Page 24 the sign owner. We do not want to deal with claims of damages or takings when the ramp is constructed. Sheila, in summary, this site may be eligible for billboard in the future once the right of way is dedicated and the ramp is constructed. However, it does not meet code requirements now. Please call me if you have any further question on this matter. Alan Brixius, AICP Northwest Associated Consultants, Inc. 4800 Olson Memorial Hwy, Suite 202 Golden Valley, MN 55422 Phone: 763-231-2555 Fax: 763-231-2561 abrixius@nacplanning.com EXHIBIT C13Agenda Page 25 August 7, 2014 Mr. Stephen Nelson 7656 128th Street W. Apple Valley, MN. 55124 Re: Billboard request for 11200 60th Street NE. Job No: 163.05 General Dear Mr. Nelson; The City of Albertville has received your application for a billboard to be constructed at property located at 11200 60th Street NE. in Albertville. Unfortunately upon review of your application against the Albertville Sign Code we find that the site does not qualify as a billboard site, based on the following findings. Section 10-7-6 Advertising Devices states: “Advertising devices shall only be allowed within one hundred feet (100’) (“adjacent area as defined in section 10-7-2 of this chapter) on either side of Interstate Highway 94, according to the provisions of this subsection. And Section10-7-2 Definitions: Defines Adjacent Area as follows: Adjacent Area: A strip of land one hundred feet (100’) in width immediately adjacent to and along and parallel to the right of way except for off ramps, takeoff ditches or similar areas where the area shall be measured for the prolongation of the normal right of way. The site in question is not immediately adjacent to the interstate right of way. The site is separated from the Interstate by property owned by the City Albertville. Without this adjacency the site will not be eligible for a billboard. A second issue that exists relates to setbacks. Section 10-7-6 requires advertising devices to meet the minimum setback of the base zoning district. The Site is zoned B-3 which requires a 20 foot rear yard setback. The city owned property to the north has a depth of 88 feet. Even if your property were considered immediately adjacent to the interstate right of way, the 88 foot depth of the city property and the 20 foot setback required on your property places your proposed sign more than 100 feet from the Interstate right of way. EXHIBIT D14Agenda Page 26 2 Due to the aforementioned conditions, we must deny your sign and building permit application for 11200 60th Street in Albertville. Per our phone conversation, this is an administrative denial and you may pursue an appeal of this decision to the Albertville City Council per Chapter 600 of the Albertville Zoning Code. You can find both the city code and development applications forms at the city of Albertville’s website www.ci.albertville.mn.us If you have any further questions regarding this permit or the appeal application or process please contact me at your convenience. Albertville City Planner, Alan Brixius, AICP EXHIBIT D15Agenda Page 27 EXHIBIT E16Agenda Page 28 EXHIBIT E17Agenda Page 29 EXHIBIT E18Agenda Page 30 EXHIBIT E19Agenda Page 31 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA DRAFT 10/8/14 ORDINANCE NO. 2014-_____ AN ORDINANCE AMENDING CHAPTER 7, SIGN REGULATIONS OF THE ALBERTVILLE CITY CODE PERTAINING TO SECTION 10-7-2 DEFINITIONS OF ADJACENT AREA AND SECTION 10-7-6 ADVERTISING DEVICES THE CITY COUNCIL OF THE CITY OF ALBERTVILLE ORDAINS: SECTION 1. Chapter 7, Section 10-7-2 Definitions of the Albertville Sign Code is hereby amended to read as follows: Adjacent Area: A strip of land one hundred feet (100’) in width immediately adjacent to and along and parallel to the right-of-way, except for off-ramps, takeoff ditches, or similar areas where the area shall be measured form the prolongation of the normal right-of-way. For the purpose of Section 10-7-6 of this Ordinance, adjacent area shall be defined as a strip of land that is immediately adjacent and parallel to Interstate 94 through Albertville and meets both of the following criteria: 1. The adjacent area shall only include land parcels or lots that directly abut the Interstate 94 right-of-way, or City-owned right-of-way intended for future interstate access improvements, otherwise known as CSAH 19/Interstate 94 and CSAH 37/Interstate 94 interchange improvements. Parcels acquired solely for drainage and utility or ponding purposes shall not be considered an adjacent area. Parcels that do not directly abut the aforementioned rights-of-way are not within the adjacent area. 2. The adjacent area shall be limited to a strip of land four hundred feet (400’) in width measured from the midpoint of the center median between the opposing traffic lanes of Interstate 94 and extending out either sides of Interstate 94 (see graphic below). EXHIBIT F20Agenda Page 32 SECTION 2. Chapter 7, Section10-7-6.A.1 Advertising Devices is hereby amended to read as follows: 10-7-6: ADVERTISING DEVICES: A. General Standards: Advertising devices shall comply with the standards in this subsection: 1. Advertising devices shall only be allowed within one hundred feet (100’) the adjacent area, as defined in Section10-7-2 of this Chapter. , on either side of Interstate 94, according to this subsection. SECTION 3. Chapter 7, Section 10-7-6.A. General Standards is hereby amended to add the following language: 10. Advertising devices shall have the vertical support structure of the sign (such as pole) concealed with architectural embellishments consisting of natural stone, brick, masonry panels, or stucco over eighty (80) percent of the exterior face on all sides of the structure. 11. No sign permit to erect an advertising device on parcels or lots that are abutting City-owned right-of-way intended for future interstate access improvements, shall be issued unless an acknowledgement and waiver of future damages is first signed by the applicant and all property owners and submitted to the City. Said acknowledgement and waiver shall be in the form approved by the City Attorney, and shall acknowledge that future construction of CSAH 19/Interstate 94 and CSAH 37/Interstate 94 interchange improvements may impact the visibility of the proposed device/sign. The acknowledgement and waiver shall require the applicant and property owners to hold the City harmless and waive all damage claims arising as a result of such improvements, including, but not limited to, claims arising from the obstruction of the view of any advertising device installed on the permitted property pursuant to a sign permit issued by the City. Said acknowledgement and waiver shall not apply to damages resulting from the physical occupation of the applicant’s real property by the City. Said acknowledgement and waiver shall be submitted to the City with the application for a sign permit. Failure to submit such acknowledgement and waiver shall result in a denial of the requested sign permit or the refusal of the City to process the application due to its incomplete status. EXHIBIT F21Agenda Page 33 THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY FOLLOWING ITS PASSAGE AND PUBLICATION. Approved by the Albertville City Council this ____ day of ___________ 2014. __________________________ Jillian Hendrickson, Mayor Attest: ___________________________ Kimberly A. Olson, City Clerk EXHIBIT F22Agenda Page 34 EXHIBIT G23Agenda Page 35 EXHIBIT G24Agenda Page 36 M:\Public Data\City Council\Council Packet information\2014\102014\2014-10-20 Brewers Taprooms Amendment RCA.doc Meeting Date: October 20, 2014 Mayor and Council Request for Action _____________________________________________________________________________ October 14, 2014 SUBJECT: PLANNING DEPARTMENT – BREWERY ORDINANCE & LICENSING AMENDMENTS RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following motions: MOTION TO: Adopt Ordinance No. 2014-07amending Albertville City Code Chapter 1 Alcoholic Beverages, Section 4-1-4 to identify brewpubs as candidates for the existing on-sale intoxicating liquor license and to provide on-sale/off-sale malt liquor licenses for breweries and brewpubs, and Section 4-1-11 to provide specific licensing conditions for the on-sale/off-sale of malt liquor by breweries and brewpubs. MOTION TO: Adopt Ordinance No. 2014-08 amending Zoning Ordinance Chapter 0200 Rules and Definitions to define brewery terms, Chapter 2900 Breweries in order to provide standards for conditional brewery uses in commercial districts, and Chapter 4300 B-2 Limited Business District, Chapter 4350 B2-A Special Business District, Chapter 4400 B-3 Highway Commercial District, Chapter 4500 B-4 General Business District, and Chapter 4501 B-W Business Warehousing District to provide breweries with taprooms as a conditional use. BACKGROUND: On August 12, 2014 the Planning Commission held a public hearing and discussed the topic of permitting breweries in the community. At that time the Planning Commission made a determination that breweries with taprooms should be permitted in commercial zoning districts in the community given that certain performance and licensing standards can be met by the brewery business. The Planning Commission continued the public hearing on breweries to the October 14, 2014 meeting to allow additional public input on the topic. The attached draft ordinance amendments address the Planning Commission’s suggestions from both the August and October meetings. The first ordinance amendment amends City Code Chapter 1 Alcoholic Beverages to: 1. Identify brewpubs as candidates for the existing on-sale liquor license. 2. Provide a “Brewery Taproom License” authorizing the on-sale of malt liquor produced by a brewer at the brewery location. 3. Provide a “Brewery/Brewpub License for Off-Sale of Malt Liquor” authorizing off-sale of malt liquor produced by a brewer from the brewery location. 4. Define requirements for the “Brewery Taproom License.” 5. Define requirements for the “Brewery/Brewpub License for Off-Sale of Malt Liquor.” Agenda Page 37 M:\Public Data\City Council\Council Packet information\2014\102014\2014-10-20 Brewers Taprooms Amendment RCA.doc Meeting Date: October 20, 2014 The second ordinance amendment amends Zoning Ordinance to: 1. Provide definitions for breweries, brewpubs and taprooms. 2. Create Chapter 2900 Breweries with Taprooms/Brewpubs providing minimum requirements for the establishment of a brewery in commercial districts. 3. Amend B-2 Limited Business District, B2-A Special Business District, B-3 Highway Commercial District, B-4 General Business District, and B-W Business-Warehousing District to identify breweries with taprooms and brewpubs as conditional uses, subject to the requirements of City Code Chapter 1 and Zoning Ordinance Chapter 2900. POLICY/PRACTICES CONSIDERATIONS: None. FINANCIAL CONSIDERATIONS: The City will need to establish licensing fees for the Brewery Taproom License and the Brewery/Brewpub License for Off-Sale of Malt Liquor. LEGAL CONSIDERATIONS: In accordance with Council procedures, the Mayor and City Council has the authority to approve or deny ordinance amendments. Submitted Through: Adam Nafstad, City Administrator- PWD Responsible Person/Department: Alan Brixius, City Planner Attachments: Ordinance No. 2014-07 Ordinance No. 2014-08 Agenda Page 38 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 2014-07 AN ORDINANCE AMENDING ALBERTVILLE CITY CODE CHAPTER 1 ALCOHOLIC BEVERAGES, SECTION 4-1-4 TO IDENTIFY BREWPUBS AS CANDIDATES FOR THE EXISTING ON-SALE INTOXICATING LIQUOR LICENSE AND TO PROVIDE ON-SALE/OFF-SALE MALT LIQUOR LICENSES FOR BREWERIES AND BREWPUBS, AND SECTION 4-1-11 TO PROVIDE SPECIFIC LICENSING CONDITIONS FOR THE ON-SALE/OFF-SALE OF MALT LIQUOR BY BREWERIES AND BREWPUBS, WITHIN THE CITY OF ALBERTVILLE THE CITY COUNCIL OF THE CITY OF ALBERTVILLE ORDAINS: Section 1. Chapter 1 Alcoholic Beverages, Section 4-1-4 Classification of Licenses, is hereby amended to read as follows: A. Intoxicating Liquor On-Sale Licenses: On-sale intoxicating liquor licenses may be issued only to hotels, clubs, restaurants, brewpubs (licensed under Minn. Stat. 340A.301, Subd. 1.(d).), and exclusive liquor stores, and shall permit on-sale of liquor only. I. Brewery Taproom License: A brewery taproom license authorizes on-sale of malt liquor produced by the brewer for consumption on the premises of or adjacent to one brewery location owned by the brewer. This license may be issued to the holder of a brewer’s license under Minnesota Statute 340A.301, subd.6, clauses (c), (i), and (j). J. Brewery/Brewpub License for Off-Sale of Malt Liquor: A brewer’s off-sale license authorizes off-sale of malt liquor at a brewer’s licensed premises, which has been produced and packaged by the brewer. This license may be issued to brewers licensed under Minnesota Statute 340A.301 Subd.6, clause (c), (d), (i), or (j). Section 2. Chapter 1 Alcoholic Beverages, Section 4-1-11 Conditions of Licenses, is hereby amended to read as follows: L. Brewery Taproom License: 1) A brewer may hold only one (1) brewer taproom license, and may not have an ownership interest in a brewpub licensed under MN Statute 340A.301, subd.6, clause (d). Agenda Page 39 City of Albertville County of Wright Ordinance No. 2014 - 07 Breweries License Page 2 2) If the brewer holds a wholesale license, the brewer may not distribute more than twenty thousand (20,000) barrels or manufacture more than twenty-five thousand (25,000) barrels of its own brand of malt liquor annually. If an off-sale malt liquor license is also attained, the brewer may not manufacture more than twenty thousand (20,000) barrels annually. 3) The on-sale of malt liquor may only be sold Monday through Saturday, unless a Sunday sales license is attained, and during the hours that “on-sale” of liquor may be made. 4) A brewery must demonstrate compliance with all zoning ordinance standards pertaining to breweries with accessory taprooms. 5) All other provisions of this chapter shall be applicable to such licenses and licensees unless inconsistent with the provisions of this section. 6) Nothing in this section shall preclude the holder of a brewer taproom license from also holding a license to operate a restaurant at the taproom location. M. Brewery/Brewpub License for Off-Sale of Malt Liquor: 1) The amount of malt liquor sold at off sale may not exceed five hundred (500) barrels annually. 2) Off-sale of malt liquor shall be limited to the legal hours for off-sale at exclusive liquor stores in Albertville, and the malt liquor sold off-sale must be removed from the premises before the applicable off-sale closing time at exclusive liquor stores. 3) The malt liquor must be packaged in sixty-four (64) ounce containers known as growlers or in seven hundred fifty (750) milliliter bottles, and must have the following packaging requirements: a. Growlers must bear a twist-type closure, cork, stopper or plug. b. At time of sale, paper or plastic adhesive band, strip or sleeve shall be applied to the container and extend over the top of the closure, forming a seal. c. The band, strip or sleeve must bear the name and address of the brewer, and the must be identified as malt liquor, contain the name of the malt liquor, and bear the name and address of the brewer selling the malt liquor, and shall be considered intoxicating liquor unless labeled otherwise. 4) The brewer seeking the off-sale license shall not brew more than twenty thousand (20,000) barrels of its own brands of malt liquor annually. Agenda Page 40 City of Albertville County of Wright Ordinance No. 2014 - 07 Breweries License Page 3 5) A brewpub’s production of malt liquor for retail sales at on-or off-sale shall not exceed three thousand five hundred (3,500) barrels annually. 6) A brewer may only have one off-sale license. THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY FOLLOWING ITS PASSAGE AND PUBLICATION Approved by the Albertville City Council this 20th day of October, 2014. _________________________ Jillian Hendrickson, Mayor ATTEST: _________________________ Kimberly A. Olson, City Clerk Agenda Page 41 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 2014-08 AN ORDINANCE AMENDING CHAPTER 0200 RULES AND DEFINITIONS TO DEFINE BREWERY TERMS; AN ORDINANCE DEFINING CHAPTER 2900 BREWERIES WITHIN THE ALBERTVILLE ZONING ORDINANCE IN ORDER TO PROVIDE STANDARDS FOR CONDITIONAL BREWERY USES IN COMMERCIAL DISTRICTS; AND AN ORDINANCE AMENDING ALBERTVILLE ZONING ORDINANCE CHAPTER 4300, B-2 LIMITED BUSINESS DISTRICT, CHAPTER 4350 B-2A, SPECIAL BUSINESS DISTRICT, CHAPTER 4400, B-3 HIGHWAY COMMERCIAL DISTRICT, CHAPTER 4500, B-4 GENERAL BUSINESS DISTRICT, AND CHAPTER 4501, B-W BUSINESS WAREHOUSING DISTRICT TO PROVIDE BREWERIES WITH TAPROOMS AS A CONDITIONAL USE IN THE CITY OF ALBERTVILLE THE CITY COUNCIL OF THE CITY OF ALBERTVILLE ORDAINS: Section 1. Chapter 0200 Rules and Definitions, Section 200.2 Definitions, of the Albertville Zoning Ordinance, is hereby amended to read as follows: BREWERY: A business which manufactures, processes and warehouses malt liquor for wholesale distribution, or directly sells beer product for on-site consumption on the brewery premises or for off-site consumption as growlers. BREWPUB: A brewer that holds one or more retail on-sale licenses, and who manufacturers fewer than 3,500 barrels of malt liquor in a year at one license premises, the entire production of which is solely for consumption on tap on the brewery site, or for off-sale from the brewery in the form of growlers. TAPROOM: A room that is ancillary to the production of beer at a production brewery where the public can purchase and /or consume only the beer produced on site. Section 2. The Albertville Zoning Ordinance, is hereby amended to read as follows: Chapter 2900 BREWERIES WITH TAPROOMS/BREWPUBS 2900.1: Purpose 2900.2: Declaration of Conditions 2900.3: Requirements; General Provisions Agenda Page 42 City of Albertville County of Wright Ordinance No. 2014 - 08 Commercial Breweries Page 2 2900.1: PURPOSE: The regulation of breweries in this ordinance is to establish standards and procedures by which breweries can be conducted within the city without jeopardizing the health, safety and general welfare of residents and/or the surrounding neighborhood. This chapter establishes the city's minimum requirements for the establishment of a brewery in a commercial district. 2900.2: DECLARATION OF CONDITIONS: The planning commission may recommend and the council may impose such conditions on the granting of a brewery conditional use permit as may be necessary to carry out the purpose and provisions of this chapter. 2900.3: REQUIREMENTS; GENERAL PROVISIONS: Breweries shall be allowed as a conditional use in the B-2, B-2A, B-3, B-4, ad B-W zoning districts, subject to the following criteria: A. The owner of the brewery qualifies for and receives a State of Minnesota brewer license and a malt liquor wholesale license (if wholesale of malt liquor is an intended activity) from the State of Minnesota, according to Minn. Statutes Section 340A.301. B. An accessory taproom for the on-sale of beer produced on the brewery site shall require a Brewery Taproom License from the City of Albertville, according to City Code Ch. 1 Alcoholic Beverages. C. On-site sale of beer in the form of growlers shall require a Brewery/Brewpub License for Off-Sale of Malt Liquor, according to City Code Ch. 1 Alcoholic Beverages. D. The brewery must adhere to the following production limits: 1. A brewery with just a taproom license: Total production of malt liquor may not exceed twenty-five thousand (25,000) barrels annually and distribution may not exceed twenty thousand (20,000) barrels annually. 2. A brewery with a license for off-sale of malt liquor: Total production may not exceed twenty thousand (20,000) barrels annually, and liquor sold off-sale may not exceed five hundred (500) barrels. 3. A brewpub: Total retail sales at on-or-off sale may not exceed three thousand five hundred (3,500) barrels per year, and liquor sold off-sale may not exceed five hundred (500) barrels. Agenda Page 43 City of Albertville County of Wright Ordinance No. 2014 - 08 Commercial Breweries Page 3 4. The brewer shall annually submit production reports with the request to renew a brewer taproom or off-sale malt liquor license. E. The brewery facility provides adequate space for off-street loading and unloading of all trucks greater than twenty-two (22) feet in length. In the absence of off-street loading, the City may impose limits on deliveries or shipments using the public right of ways, including regulating the number of trucks per day and the hours that deliveries are permitted. F. Loading docks shall be located and designed so they are screened from adjoining public streets or adjoining residential zoning. G. No outdoor storage is permitted on the site, with the exception that waste handling (refuse and/or recycling) may occur in an enclosure that is fully screened from adjoining streets and residential zoning. H. No odors from the business may be perceptible beyond the property line. Section 3. Chapter 4300 B-2 Limited Business District, Section 4300.4 Conditional Uses, of the Albertville Zoning Ordinance, is hereby amended to read as follows: The following are conditional uses in a B-2 district, subject to additional requirements set forth in this ordinance: (Requires a conditional use permit as regulated by chapter 400 of this ordinance.) Breweries with taprooms/brewpubs. Breweries are subject to the licensing provisions of title 4, chapter 1 of the city code, and the performance standards for such uses provided in chapter 2900 of this ordinance. Section 4. Chapter 4350 B-2A Special Business District, Section 4350.4 Conditional Uses, of the Albertville Zoning Ordinance, is hereby amended to read as follows: The following are conditional uses in a B-2A district, subject to additional requirements set forth in this ordinance: (Requires a conditional use permit as regulated by chapter 400 of this ordinance.) Breweries with taprooms/brewpubs. Breweries are subject to the licensing provisions of title 4, chapter 1 of the city code, and the performance standards for such uses provided in chapter 2900 of this ordinance. Section 5. Chapter 4400 B-3 Highway Commercial District, Section 4400.4 Conditional Uses, of the Albertville Zoning Ordinance, is hereby amended to read as follows: Agenda Page 44 City of Albertville County of Wright Ordinance No. 2014 - 08 Commercial Breweries Page 4 The following are conditional uses in a B-3 district, subject to additional requirements set forth in this ordinance: (Requires a conditional use permit as regulated by chapter 400 of this ordinance.) Breweries with taprooms/brewpubs. Breweries are subject to the licensing provisions of title 4, chapter 1 of the city code, and the performance standards for such uses provided in chapter 2900 of this ordinance. Section 6. Chapter 4500 B-4 General Business District, Section 4500.4 Conditional Uses, of the Albertville Zoning Ordinance, is hereby amended to read as follows: The following are conditional uses in a B-4 district, subject to additional requirements set forth in this ordinance: (Requires a conditional use permit as regulated by chapter 400 of this ordinance.) Breweries with taprooms/brewpubs. Breweries are subject to the licensing provisions of title 4, chapter 1 of the city code, and the performance standards for such uses provided in chapter 2900 of this ordinance. Section 7. Chapter 4501 B-W Business-Warehousing District, Section 4501.4 Conditional Uses, of the Albertville Zoning Ordinance, is hereby amended to read as follows: The following are conditional uses in a B-W district, subject to additional requirements set forth in this ordinance: (Requires a conditional use permit as regulated by chapter 400 of this ordinance.) Breweries with taprooms/brewpubs. Breweries are subject to the licensing provisions of title 4, chapter 1 of the city code, and the performance standards for such uses provided in chapter 2900 of this ordinance. THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY FOLLOWING ITS PASSAGE AND PUBLICATION Approved by the Albertville City Council this 20th ay of October, 2014. _________________________ Jillian Hendrickson, Mayor ATTEST: _________________________ Kimberly A. Olson, City Clerk Agenda Page 45 1 MEMORANDUM TO: Adam Nafstad FROM: Alan Brixius/Michelle Barness DATE: August 7, 2014 / Revised October 8, 2014 RE: Albertville – Brewer Taproom Ordinance FILE NO: 163.05 – 14.09 BACKGROUND On August 12, 2014 the Planning Commission held a public hearing and discussed the topic of permitting breweries in the community. The Planning Commission continued the public hearing to allow additional public input. The attached draft ordinance includes the Planning Commission’s suggestions from the August meeting. A memorandum introducing types of brewery uses, brewery licensing, and brewery land use issues was provided for consideration at that time. The Planning Commission made a determination that breweries with taprooms should be permitted in commercial zoning districts in the community, given certain performance and licensing standards can be met by the brewery business. City ordinance will need to be amended to: 1) Create a taproom on-sale license for breweries, 2) Create an off-sale growler license for breweries, 3) Allow breweries with taprooms in commercial districts, and 4) Create performance criteria for taprooms in commercial districts. This memorandum summarizes current ordinance regulating the on- and off-sale of alcohol in the community, and provides an overview of proposed ordinance amendments to permit breweries with taprooms. ISSUES ANALYSIS State Licensing Requirements for Brewers. The State of Minnesota has different licensing requirements for different brewery operations. A brewer can pursue licensing for the wholesale of malt liquor, for the on-sale of malt liquor in a taproom at the brewery location, and to be able to off-sale malt liquor in growlers from the brewery location. The following are license requirements for these uses: Agenda Page 46 2 State of Minnesota licensing: 1) Small brewer license (for brewers listed under MN Statute 340A.301 Subd 6, clause (c), (i) or (j)). 2) Malt beverage wholesale license (if wholesale is intended). Local municipality licensing: 1) Taproom license for on‐sale of malt liquor produced at the brewery (the City fills out a certification form to the State indicating that the license has been granted). 2) Small brewer off‐sale license for the sale of growlers (the application is to be forwarded to the state for review & follow‐up). Current Liquor Licensing and Regulation in Albertville. Malt liquor is typically defined as intoxicating liquor. Currently, the City only issues Intoxicating Liquor On- Sale Licenses to hotels, clubs, restaurants, and exclusive liquor stores, and Intoxicating Liquor Off-Sale Licenses are issued only to exclusive liquor stores. In addition, the City may issue Sunday On-Sale Intoxicating Liquor Licenses to any hotel, restaurant, or club which has facilities for serving at least thirty (30) guests at one time and which has an on-sale license; this is to permit on-sale intoxicating liquor sales on Sunday in conjunction with the serving of food. Intoxicating liquor licenses are required to adhere to general regulations of City Code Title 4, Chapter 1 Alcoholic Beverages pertaining to license processing, fees, eligibility, business operations, conditions and restrictions. Specific requirements are provided for music, entertainment, and outdoor sales associated with the on-sale of intoxicating liquor. In the past, the City has only granted on-sale liquor licenses to businesses that are also providing food service, and has required that a certain percentage of business come from the sale of food. The State of Minnesota does not require food sales in a brewery taproom, but does not prohibit a brewery from attaining a restaurant license to sell food in association with the sale of beer. As the current on-sale and off-sale intoxicating liquor licenses are not issued to breweries, and the requirement for food sale is integral to current liquor licensing, staff recommends the creation of new on- and off-sale malt liquor licensing specific to breweries with taprooms in the community. Many other communities have taken this approach to be able to specify criteria for malt liquor licensing as required by the State, and to differentiate operation and licensing requirements for this unique land use. Ordinance Amendments to Permit Breweries with Taprooms. Title 4, Chapter 1 Alcoholic Beverages, Section 4-1-4 Classification of Licenses: To permit breweries with taprooms in the community, Chapter 1 Alcoholic Beverages will need to be amended to provide the following under Section 4-1-4 Classification of Licenses: Agenda Page 47 3 1) A Brewery Taproom License, authorizing on-sale of malt liquor produced by the brewer for consumption on the premises of or adjacent to one brewery location owned by the brewer. This license may be issued to the holder of a brewer’s license under Minnesota Statute 340A.301, subd.6, clauses (c), (i), and (j). 2) A Brewery License for Off-Sale of Malt Liquor, authorizing off-sale of malt liquor at a brewer’s licensed premises, which has been produced and packaged by the brewer. This license may be issued to brewers licensed under Minnesota Statute 340A.301 Subd.6, clause (c), (i), (j), or (d). The City should make a determination as to whether the current Sunday on-sale intoxicating liquor license should be amended to allow breweries to attain the license. As described, breweries are not required by the State to have a restaurant in association with on-sale of malt liquor, but may hold a restaurant license with other on- or off-sale liquor licenses if desired. If a brewer’s taproom decides against holding a restaurant license, and the City would like to provide the option for them to conduct Sunday on-sales, a new Sunday on-sale license specific to Brewer’s taprooms may need to be provided. Title 4, Chapter 1 Alcoholic Beverages, Section 4-1-11 Conditions of License: In addition, Section 4-1-11 Conditions of License should be amended to provide specific criteria for a Brewery Taproom License, a Brewery License for the Off-Sale of Malt Liquor, or a Brewery Sunday On-Sale License. Criteria are drawn from liquor licensing regulations provided in State Statutes 340A.301, or respond to the need for licensees to adhere to general liquor licensing standards provided in Chapter 1 Alcoholic Beverages, or to land use requirements within the Zoning Ordinance (which will be addressed further). Brewery Taproom License: • A brewer may hold only one (1) brewer taproom license, and may not have an ownership interest in a brewery licensed under MN Statute 340A.301, subd.6, clause (d). • If the brewer also holds a wholesale license, the brewer may not distribute more than 20,000 barrels or manufacture more than 25,000 barrels of its own brand of malt liquor annually. • The on-sale of malt liquor may only be sold Monday through Saturday, unless a Sunday sales license is attained, and during the hours that “on-sale” of liquor may be made. • A brewery must demonstrate compliance with all zoning ordinance standards pertaining to breweries with accessory taprooms. Agenda Page 48 4 • All other provisions of this chapter shall be applicable to such licenses and licensees unless inconsistent with the provisions of this section. • Nothing in this section shall preclude the holder of a brewer taproom license from also holding a license to operate a restaurant at the taproom location. A Brewery License for Off-Sale of Malt Liquor: • The amount of malt liquor sold at off sale may not exceed 500 barrels annually. • Off-sale of malt liquor shall be limited to the legal hours for off-sale at exclusive liquor stores in the jurisdiction in which the brewer is located, and the malt liquor sold off-sale must be removed from the premises before the applicable off-sale closing time at exclusive liquor stores. • The malt liquor must be packaged in 64 ounce containers known as growlers and may have the following packaging requirements: o Growlers must bear a twist-type closure, cork, stopper or plug. o At time of sale, paper or plastic adhesive band, strip or sleeve shall be applied to the container and extend over the top of the closure, forming a seal. o The band, strip or sleeve must bear the name and address of the brewer, and the must be identified as malt liquor, contain the name of the malt liquor, and bear the name and address of the brewer selling the malt liquor, and shall be considered intoxicating liquor unless labeled otherwise. • The brewer seeking the license may not brew more than 20,000 barrels of its own brands of malt liquor annually. • A brewer may only have one off-sale license. Appendix A, Zoning Ordinance: Ch. 0200 Rules and Definitions: The definitions section of the ordinance will need to be amended to provide definitions for common brewery terms, including brewery, brewpub, and taprooms. The following are recommended definitions: BREWERY: A business which manufactures, processes and warehouses malt liquor for wholesale distribution, or directly sells beer product for on-site consumption on the brewery premises or for off-site consumption as growlers. BREWPUB: A brewer that holds one or more retail on-sale licenses, and who manufacturers fewer than 3,500 barrels of malt liquor in a year at one license premises, Agenda Page 49 5 the entire production of which is solely for consumption on tap on the brewery site, or for off-sale from the brewery in the form of growlers. TAPROOM: A room that is ancillary to the production of beer at a production brewery where the public can purchase and /or consume only the beer produced on site. Ch. 4300 B-2 Limited Business District, Ch. 4350 B-2A Special Business District , Ch. 4400 B-3 Highway Commercial District, Ch. 4500 B-4 General Business District, and Ch. 4501 B-W Business Warehousing District: The Planning Commission made a determination that breweries with taprooms could be a conditional use in all commercial districts. Therefore, the B-2, B-2A, B-3, B-4, and B- W Districts will need to be amended to list breweries as a conditional use. Ch. 2900 Reserved: In addition, Chapter 2900 (currently reserved) should be added to the Zoning Ordinance to list specific standards for allowing breweries as conditional uses in commercial districts. Conditional use standards for breweries should address the following land use issues: 1) The provision of adequate space for brewing, packaging, and warehousing large quantities of malt liquor on the brewery site. A cap on the scale of production may also be considered, to manage the amount of space required for manufacturing operations. Minnesota State Statute limits production to 250,000 barrels for brewer taprooms, to 25,000 barrels for brewers with new wholesale licenses, and to 20,000 barrels annually for breweries applying for licenses to sell off-sale growlers. 2) The transportation of malt liquor from a brewery location for sale at surrounding retail locations. This may result in an increase in truck traffic in the commercial area, which will need to be managed. If a brewery parcel is unable to provide off street loading, it would be reliant on loading on a public street or alley, in which case the City should consider creating a cap on the number of trucks that are allowed to use the public right of way for loading purposes each day. 3) Outdoor storage at the brewery site. 4) Odors associated with manufacturing of malt liquor on the brewery site. 5) The compatibility of the brewery site and buildings with surrounding commercial businesses. 6) Exterior lighting of the brewery site. 7) Music, entertainment, and or outdoor sales of product associated with a taproom. Agenda Page 50 6 CONCLUSION AND RECOMMENDATION The Planning Commission should discuss licensing and land use recommendations for allowing breweries in the community as raised in this report, and provide feedback on the attached draft ordinance amendments, which include: 1. An amendment to Title 4, Chapter 1 Alcoholic Beverages, Section 4-1-4 Classification of Licenses, to create a “Brewery Taproom License,” a “Brewery License for Off-Sale of Malt Liquor,” and to provide brewpubs as a candidate for the existing “Intoxicating Liquor On-Sale Licenses.” The Planning Commission should provide feedback on how to address the issue of Sunday on-sale intoxicating liquor licenses for breweries with taprooms that do not hold a restaurant license. 2. An amendment to Title 4, Chapter 1 Alcoholic Beverages, Section 4-1-11 Conditions of License, to create a list of criteria associated with both the taproom license, and the off-sale malt liquor license. 3. An amendment to Appendix A, Zoning Ordinance, Chapter 0200 to define breweries, taprooms, brewpubs, and growlers. 4. An amendment to Appendix A, Zoning Ordinance, Chapter 2900 to provide specific standards for allowing breweries with taprooms as conditional uses in commercial districts. 5. An amendment to Appendix A, Zoning Ordinance, Ch. 4300 B-2 Limited Business District, Ch. 4350 B-2A Special Business District , Ch. 4400 B-3 Highway Commercial District, Ch. 4500 B-4 General Business District, and Ch. 4501 B-W Business Warehousing District to allow breweries with taprooms as a conditional use, subject to the requirements of Title 4, Chapter 1 and Zoning Ordinance Chapter 1000 pertaining to the licensing and regulation of brewery uses. c: Kim Olson Sue Schwalbe Paul Heins Mike Couri Agenda Page 51 Mayor and Council Request for Action M:\Public Data\City Council\Council Packet information\2014\102014\2014-10-20 John Hardy's BBQ Liquor License.doc Meeting Date: October 20, 2014 October 16, 2014 SUBJECT: CITY CLERK – NEW LIQUOR LICENSE APPLICATION FOR WINE AND 3.2% MALT LIQUOR BY JOHN HARDY’S BBQ, LOCATED AT 6730 LAKETOWNE PLACE NE RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve a New Liquor License Application for Wine and 3.2% Malt Liquor by John Hardy’s BBQ, located at 6730 Laketowne Place NE, contingent upon receipt of the following: • $75.00 fee for background checks • Successful completion/results of background checks • Proof of Liquor Liability Insurance/Workers Compensation • Pro-rated liquor license fee ($70.00 for license period Dec. 15, 2014 – Apr. 14, 2015 OR $52.50 for license period Jan. 15, 2015-Apr. 14, 2015) BACKGROUND: The City has received application for a new liquor license for the former Perkins site, located at 6730 Laketowne Place NE. The applicant is David Hanson and he is requesting a Wine and 3.2% Malt Liquor License. KEY ISSUES: • The applicant is seeking approval of the liquor license contingent upon receipt of the following items in order for them to begin exterior renovations to the building site prior to adverse weather conditions for such renovations. • The outstanding items needed by the applicant are: o $75.00 fee for background checks o Successful completion/results of background checks o Proof of Liquor Liability Insurance/Workers Compensation o Pro-rated liquor license fee ($70.00 for license period Dec. 15, 2014 – Apr. 14, 2015 OR $52.50 for license period Jan. 15, 2015-Apr. 14, 2015) • Delay in approval of the license could delay opening of the restaurant until spring of 2015. • The applicant is current on taxes and special assessments. • There are no outstanding fines nor outstanding zoning or building issues/violations. • The applicant has completed the MN AGED required forms. POLICY/PRACTICES CONSIDERATIONS: The Mayor and City Council have the authority to either approve or deny an application for a liquor license. Approval of the liquor license is generally staff recommended if the applicant meets the criteria outlined in Title 4, Chapter 1 of the City Code. Agenda Page 52 Mayor and Council Request for Action – October 20, 2014 John Hardy’s BBQ Liquor License Page 2 of 2 M:\Public Data\City Council\Council Packet information\2014\102014\2014-10-20 John Hardy's BBQ Liquor License.doc Meeting Date: October 20, 2014 FINANCIAL CONSIDERATIONS: The fee for this liquor license is pro-rated due to a partial year license and is nominal. LEGAL CONSIDERATIONS: The application has yet to be reviewed by the City Attorney. Responsible Person/Department: Kimberly A. Olson, City Clerk Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: Liquor License Application for John Hardy’s BBQ Agenda Page 53 Agenda Page 54 Agenda Page 55 Agenda Page 56 Agenda Page 57 Agenda Page 58 Agenda Page 59 Agenda Page 60 Agenda Page 61 Agenda Page 62 Agenda Page 63 Agenda Page 64 Agenda Page 65 Agenda Page 66 City Administrator’s Update October 16, 2014 GENERAL ADMINISTRATION Planning Commission Vacancy: We are currently advertizing the position and have received two letters of interest to date. We will bring all letters of interest to Council at the first meeting in November. Fire Committee: At their recent meeting, the Chief presented the new ISO ratings. Albertville’s rating improved to that of a 4/10 community classification. The compete ISO report is on file and available to anyone interested. The Committee also finalized the job description for the Chief, which will be presented to the City Council in November, and discussed the selection process. Ice Arena: The dehumidification system is working well and the project is generally complete. At their recent meeting the Arena Board discussed summer ice, use of the facility by lacrosse, and the Knight to Remember Event. Ice will be removed in late March to accommodate Youth Hockey’s event and potentially use by lacrosse groups. The ice will be back on in time for summer camps (June) and potentially sooner. Engel Haus: Engel Haus will have a Grand Opening Celebration on Wednesday, October 29, 1:00-4:00 p.m. Activities will include ribbon cutting, tours, entertainment, and refreshments. Engel Haus still has openings and is taking applications. Candidate Financial Reporting: October 27 is the last day for candidates to file a financial report with the City Clerk reporting receipt or disbursement of $750 or more. No report is needed if less than $750 is received or dispersed. Council Videos: The first City Council meeting recording has been uploaded to YouTube and can be found at http://youtu.be/7FHx3CnX60M. Staff is working on embedding the video and future videos directly into the City’s website. Local Board of Appeals and Equalization Training: Training will be held at Stearns County Service Center, 3301 County Rd 138, in Waite Park on October 29 from 6:30 – 9:30 p.m. At least one member of the Council should attend this training as Council member Sorensen is the only trained member. The deadline for registration is Tuesday, October 21, 2014. Please let Kim or I know if you are able to attend. ENGINEERING/PUBLIC WORKS FEMA and Homeland Security Funding: Due to the extreme whether earlier this summer, Wright County received a Presidential Disaster Declaration. Staff is working with FEMA and HSME to determine if Albertville is eligible for funding through the Public Assistance Program and/or Hazard Mitigation Grant Program. Agenda Page 67 City Administrator’s Update Page 2 of 2 October 16, 2014 Hunters Park: The Hunters Pass HOA has requested that the City take over maintenance of the park and sidewalks within the development. Staff is reviewing the request and will prepare a resolution for Council consideration. CSAH 37 and 19 Intersection: The County began the work on October 15 and plans to have the pavement and striping compete by October 18. However, the traffic signal and the new detection system will not be complete until October 22. Prairie Run Lots: The purchase agreement has been executed and both parties are working to amend the association’s declaration. A closing date has yet to be set. Barthel Industrial Drive NE and 54th Street NE Drainage: The project is progressing. The work on storm sewer on 54th and in the backyards is underway and is expected be complete by the end of the week. Xcel has begun the electric relocation and pipe work east of Barthel will resume next week. The watermain lowering at 54th and Barthel is likely to occur the week of the 20th. All pipe work should be complete by October 30. I-94 Coalition: Governor Dayton announced that $1.4 million will be invested to complete the environmental and preliminary engineering on the 6-lanes between TH 241 and CSAH 19. The funding is part of the latest round of Corridors for Commerce projects. The Coalition was also very excited to learn that the Monticello Chamber of Commerce will be joining the Coalition’s membership. Below is the link to Governor’s announcement: http://mn.gov/governor/newsroom/pressreleasedetail.jsp?id=102-143927 Agenda Page 68