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2014-08-18 CC Agenda Packet City of Albertville Council Agenda Monday, August 18, 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\2014-08-18 CC Agenda.doc Meeting Date: August 18, 2014 1. Call to Order 2. Pledge of Allegiance – Roll Call 3. Recognitions – Presentations – Introductions A. Albertville Royal Court 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 August 4, 2014 budget workshop City Council meeting minutes as presented (pgs 4-6) B. Approve the August 4, 2014 regular City Council meeting minutes as presented (pgs 7- 10) C. Authorize the Monday, August 18, 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 (pg 11) D. Waive the City’s monetary limits on tort liability and purchase additional coverage up to the $1,000,000 per occurrence and in aggregate (pg 12) E. Approve Resolution No. 2014-021 Amending the annual retirement benefit for the Albertville Fire Department effective January 1, 2015 (pg 13) 7. Public Hearings 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, August 18, 2014 Page 2 of 3 M:\Public Data\City Council\Council Agendas\2014 Agendas\2014-08-18 CC Agenda.doc Meeting Date: August 18, 2014 B. Finance 1). Purchase of Community Room Tables (pg 14) (Motion to approve the purchase of replacement rectangle tables for the Community Room in the amount of $4,700 from S&T.) C. Planning/Zoning 1). Omann Brothers Paving, Inc. Conditional Use Permit for Outdoor Storage at 6551 LaBeaux Avenue NE (pgs 15-28) (Motion to approve Resolution No. 2014-022 approving the Omann Brothers Paving Conditional Use Permit (CUP) for outdoor storage for property located at 6551 LaBeaux Avenue NE in Albertville, MN.) 2). Fence Height Variance for 5223 53rd Circle NE (pgs 29-40) (Motion to approve Resolution No. 2014-023 approving a variance to allow a 10 (ten) foot high residential boundary fence for property located at 5233 53rd Circle NE in Albertville, MN.) 3). Federated Co-ops Inc. Planned Unit Development Amendment (pgs 41-52) (Motion to approve Resolution No. 2014-024 approving the Federated Co-ops Inc. application for a Planned Unit Development (PUD) amendment to allow a 5,000 square foot warehouse and expanded outdoor storage at 11229 60th Street NE in Albertville, MN.) D. City Clerk – None E. Public Works/Engineering – None F. Building – None G. Legal – None H. Administration – None 9. Announcements and/or Upcoming Meetings August 25 Joint Powers Water Board, 6:30 p.m. September 1 Labor Day, City Offices Closed September 2 City Council, 7:00 p.m. September 8 STMA Ice Arena Board, 6:00 p.m. September 9 Planning Commission, 7:00 p.m. September 15 City Council, 7:00 p.m. September 22 Joint Powers Water Board, 6:30 p.m. Parks Committee, 8:00 p.m. September 29 Joint Meeting, TBD Agenda Page 2 City of Albertville Council Agenda Monday, August 18, 2014 Page 3 of 3 M:\Public Data\City Council\Council Agendas\2014 Agendas\2014-08-18 CC Agenda.doc Meeting Date: August 18, 2014 AUGUST SEPTEMBER Su M Tu W Th F Sa Su M Tu W Th F Sa 1 2 H 1 CC 2 3 4 5 6 3 CC 4 5 6 7 8 9 7 Ice 8 PC 9 10 11 12 13 10 Ice 11 PC 12 13 14 15 16 14 CC 15 16 17 18 19 20 17 CC 18 19 20 21 22 23 21 JP22PK 23 24 25 26 27 24 JP25 26 27 28 29 30 28 JM 29 30 31 10. Adjournment Agenda Page 3 Page 1 a. CITY COUNCIL WORKSHOP CITY HALL - COUNCIL CHAMBERS Monday, August 4, 2014 DRAFT MINUTES 1. CALL TO ORDER The meeting was called to order at 6:17 p.m. Present: Mayor Hendrickson and Council members Olson, Sorensen, Wagner, and Vetsch Others Present: City Administrator-PWD Adam Nafstad, Finance Director Tina Lannes, City Clerk Kimberly Olson, Fire Chief Tate Mills, and Public Works Supervisor Tim Guimont 2. LONG TERM CIP PRESENTATION BY ABDO Andrew Berg and Kevin Knopik from Abdo, Eick, & Meyers, LLP were present at the meeting. Knopik reviewed the assumptions they used for the CIP such as no growth in the City, general fund balance of 40%, and conservative revenue and expense increases. They showed a comparison of tax capacity rates. Knopick reviewed the cost of the upcoming levy on homeowners based on home values. Sorensen stated that those were not static numbers as it depends on the real estate market; some homes would see less of an impact and some a higher impact. Lannes stated the chart was intended to give an estimated average amount. Knopik reviewed outstanding bonds and that they assumed no future bonds to be issued. Lannes stated they conducted a review of the outstanding bonds and have created a solid repayment plan. Berg briefly reviewed the enterprise funds. Nafstad stated that a utility rate study was recommended in the future. 3. FIRE RELIEF PENSION PRESENTATION BY ASSOCIATION Brad Lawinger and Eric Bolan from the Fire Relief Association were present at the meeting. Bolan explained how the Fire Relief pension works and how members are defined as eligible, not eligible, and vested. He stated their vesting percentage is currently 143.87% and the State vesting percentage was at 101% (the State operates as if the members are drawing pensions). Bolan explained that the higher the relief’s vesting percentage is, the more it means they are not giving back to the members and suggested they get to about 120%. Lawinger explained when the association meets and Bolan stated the association recommended attending a quarterly Council meeting to keep the Council informed of the Fire Relief status. Agenda Page 4 City Council Meeting Minutes Page 2 Workshop Meeting of August 4, 2014 Nafstad stated the Association had done a comparison study of Fire Relief Association pensions of similar sized and nearby communities and the study did show the Albertville Fire Relief Association to be under the current market. The Association is asking for $2,400 per year of service for all members based on their years of service as active Fire Department members. Lannes described how the City sets funds aside if the pension fund falls below 80% and the City is required to fund it. She stated the Association’s request would have no impact on the budget and she is comfortable with the amount the Association is asking for. Nafstad inquired when the last time the pension amount was increased and Lannes replied that it was in 2008. Vetsch stated he was concerned with public perception, especially as they discussed other needs throughout the City. Hendrickson stated that she was in favor of the increase and asked if any Council members were opposed to a formal resolution coming to the next Council meeting on the consent agenda approving the increase. None stated they were opposed. Council directed staff to draft the resolution. 4. BUDGET DISCUSSION Lannes reviewed the budget history since 2008. She stated that to maintain services as they currently are, the levy increase would be approximately 3.19 percent. She explained the Debt Service Levy increase was 5.30% and the General Levy increase was 2.38, making the total levy 3.19% Lannes reviewed the increases and decreases in both the revenues and expenses. Staff has identified several unfunded items for Council to review such as: Public Works full-time employee, full-time Fire Chief, increase street maintenance funding, add funds for replacement fire capital, increase trails capital, and increase general capital reserves. Council discussed both the full-time Public Works and Fire Chief positions and possibly staggering one or both of them to happen midyear to reduce the impact on the budget. Nafstad reported the Fire membership will be discussing the Fire Chief position at their next meeting on Thursday. Council agreed they needed to wait to see if the majority of the Fire membership are in favor of the full-time Fire Chief position. Lannes also mentioned another unfunded item would be a change in Council salary and stated that she needed to inform them if they wish to have a change, it must be done prior to the November election. Council agreed they did not want to increase their salaries. Lannes also mentioned there are no levy limits this year. Olson stated that all the items are justified but all cannot be funded at one time and simply is too much of a percentage increase. Nafstad stated they need to begin funding these items or will need to bond for such items. Vetsch stated this is just the City portion of the taxes and the other entities will most likely have increases and he wants to make sure Albertville is a place businesses and citizens wish reside in. Agenda Page 5 City Council Meeting Minutes Page 3 Workshop Meeting of August 4, 2014 Lannes explained that to add one of the larger unfunded items and keep the levy increase at 3%, they would need to cut capital and staff cannot make that recommendation. She asked for each member’s top three unfunded items they would like to see included and the top percentage each member is willing to increase the levy. Council gave a variety of the items to fund and the range to increase the levy was from 3.4% to 6.0% among the members. Council discussed certain items that could be reduced or no longer provided, such as the City newsletter. Sorensen inquired about the recycling fund and if it could be used to have an additional clean-up day. Lannes replied it certainly is an option or they could use it when they renew the contract in 2015 to reduce the recycling cost to residents. Nafstad stated they will come to the next workshop with a base budget and several different options for the unfunded items. 5. ADJOURNMENT Motioned by Vetsch, seconded by Sorensen, to adjourn the meeting at 9:07 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 6 Page 1 ALBERTVILLE CITY COUNCIL August 4, 2014 DRAFT MINUTES ALBERTVILLE CITY HALL 7:00 PM 1. CALL TO ORDER - PLEDGE OF ALLEGIANCE Mayor Hendrickson called the meeting to order at 7:07 p.m. 2. ROLL CALL Present: Mayor Hendrickson and Council members Olson, Sorensen, Vetsch, and Wagner Others Present: City Administrator-PWD Adam Nafstad, City Attorney Mike Couri, City Planner Alan Brixius, City Clerk Kimberly Olson, Finance Director Tina Lannes, Fire Chief Tate Mills, and Public Works Supervisor Tim Guimont 3. RECOGNITIONS-PRESENTIONS-INTRODUCTIONS A. Mike Leuer/Ralph Munsterteiger This item was removed from the agenda. 4. PUBLIC FORUM There was no one present to speak. 5. APPROVAL OF THE AGENDA Motioned by Wagner, seconded by Olson, to approve the Agenda. 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 the Consent Agenda following the approval of the remaining Consent items. These items will be approved by a separate motion. A. Approve the July 21, 2014 regular City Council meeting minutes as presented Agenda Page 7 City Council Meeting Minutes Page 2 Regular Meeting of August 4, 2014 B. Approve the July 21, 2014 City Council Closed Meeting minutes as presented C. Authorize the Monday, August 4, 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 D. Reduce Letter of Credit No. 2220 held as security for the Hunters Pass 2nd development to no less than $60,787, conditioned on any outstanding balances owed to the City being paid in full Motioned by Sorensen, seconded by Olson, to approve the Consent Agenda as presented. Ayes: Hendrickson, Olson, Sorensen, Vetsch, and Wagner. Nays: None. Absent: None. MOTION DECLARED CARRIED. 7. PUBLIC HEARING - None 8. DEPARTMENT BUSINESS A. City Council 1). Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, etc.) FYCC Olson reported FYCC is working on their annual budget and there are no significant increases. Joint Powers Water Board Hendrickson and Vetsch reported the Board will take over maintenance of antenna contracts on the water towers whereas they previously contracted for that service. Hendrickson reported that water consumption is up and it appears residents are watering their lawns. Parks Committee Sorensen reported the Committee met in July and they discussed maintaining current bituminous trails versus adding new trails. The new swing for Winter Park has been installed. The holiday tree has been planted in Central Park. Mulch has been laid at the playgrounds. Guimont stated they would lay a rock path from the boardwalk on 57th Street NE to Central Park. Vetsch stated the Lions have suggested reconfiguring the Central Park entrance due to the caboose and depot the Lions will be providing. Brixius stated that details are still to come and they are not planning to change the Central Park Master Plan at this time. Agenda Page 8 City Council Meeting Minutes Page 3 Regular Meeting of August 4, 2014 B. Finance 1). 2014 Mid-Year Certification of Uncollected Utility Bills Motioned by Vetsch, seconded by Hendrickson, to approve Resolution 2014-019 entitled a Resolution Certifying the 2014 Mid-Year Uncollected Utility Bills to Wright County for Collection with Real Estate Taxes. Ayes: Hendrickson, Olson, Sorensen, Vetsch, and Wagner. Nays: None. Absent: None. MOTION DECLARED CARRIED. C. City Clerk - None D. Public Works/Engineering - None E. Planning/Zoning - None F. Building - None G. Legal 1). Special Assessment of Hunters Pass 2nd Addition Park Dedication Fees Couri stated the resolution allows the City to collect park dedication fees on 11 of the 12 Hunters Pass 2nd Addition lots no later than December 2015. One property has already paid the $3,300 park dedication fee when the owner applied for a building permit. Couri stated that as building permits are applied for in 2014, the owner will be required to pay the City the park dedication amount due on the lot. For those lots where the special assessment is paid in 2014, the City will inform the County of such payment and the special assessment will be removed from the County’s records. For those lots with unpaid special assessments remaining after December 31, 2014, the County will collect the $3,300 special assessment with the 2015 property tax payments and the City will no longer collect the park dedication fee on the lots with the building permit application. Per the terms of the City’s previous approval of this arrangement, the assessment bears no interest. This arrangement has been memorialized into the developer’s agreement. Motioned by Sorensen, seconded by Olson, to adopt Resolution No. 2014-020 Adopting Assessments for Park Dedication Fees on Hunters Pass 2nd Addition Lots. Ayes: Hendrickson, Olson, Sorensen, Vetsch, and Wagner. Nays: None. Absent: None. MOTION DECLARED CARRIED. 2). City Attorney’s Update Council had no questions on the Attorney’s report. H. Administration 1). City Administrator’s Update Agenda Page 9 City Council Meeting Minutes Page 4 Regular Meeting of August 4, 2014 Nafstad reported the former Sunoco site now has new signs up for SA and Taco John’s and also has a billboard on I-94. Nafstad reported the upcoming Planning Commission meeting has four public hearings. Nafstad reported that he is meeting with Old Castle Glass regarding water shutoffs relating to the 54th Street NE and Barthel Industrial Drive NE drainage improvements. They will be discussing options that will impact Old Castle Glass the least. Nafstad reminded the Council of the Bean Bag Tournament Challenge against St. Michael on Friday, August 8 at 6:00 p.m. 9. Announcements and/or Upcoming Meetings August 11 STMA Ice Arena Board, 6:00 p.m. August 12 Primary Election, 7:00 a.m. – 8:00 p.m. Planning Commission, 7:00 p.m. August 18 Budget Workshop, 6:15 p.m. City Council, 7:00 p.m. August 25 Joint Powers Water Board, 6:30 p.m. September 1 Labor Day, City Offices Closed September 2 City Council, 7:00 p.m. September 8 STMA Ice Arena Board, 6:00 p.m. September 9 Planning Commission, 7:00 p.m. September 15 City Council, 7:00 p.m. September 22 Joint Powers Water Board, 6:30 p.m. Parks Committee, 8:00 p.m. September 29 Joint Meeting (TBD – 5th Monday) 10. ADJOURNMENT Motioned by Sorensen, seconded by Olson, to adjourn the meeting at 7:28 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\081814\2014-08-18 Finance Bills Report (RCA).doc Meeting Date: August 18, 2014 August 13, 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, August 18, 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 Mayor and Council Request for Action M:\Public Data\City Council\Council Packet information\2014\081814\08 18 2014 tort liability (RCA).doc Meeting Date: August 18, 2014 August 11, 2014 SUBJECT: FINANCE DEPARTMENT – TORT LIABILITY INSURANCE RENEWAL RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Waive the City’s monetary limits on tort liability and purchase additional coverage up to the $1,000,000 per occurrence and in aggregate. BACKGROUND: The City has in past years waived our monetary limits on tort liability and purchased additional coverage up to the $1,000,000 per occurrence and in aggregate. The League of Minnesota Cities Insurance Trust (LMCIT) requires and the SECTION I: LIABILITY COVERAGE WAIVER FORM states, “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, 2014 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 an 10/1/2014 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 10/1/2014 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 approval waving the tort liability to the extent of the limits of liability coverage obtained from LMCIT as in the past. The additional coverage increases our annual insurance premium an estimated $550. 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, Administrator -PWD Agenda Page 12 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2014-021 A RESOLUTION AMENDING THE ANNUAL RETIREMENT BENEFIT FOR THE ALBERTVILLE VOLUNTEER FIRE DEPARTMENT EFFECTIVE JANUARY 1, 2015 WHEREAS, the City Council of the City of Albertville is desirous of increasing the annual retirement benefit for the Albertville Fire Department effective January 1, 2015, and; WHEREAS, the City Council is committed to contribute $2,400 as the 2015 municipal contribution to the Albertville Fire Relief Association. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Albertville hereby establishes the retirement benefit of the Albertville Fire Relief Association at $2,400 per year of service for all members based on their years of service as active Fire Department members. Adopted by the Albertville City Council this 18th day of August, 2014. ___________________________ Jillian Hendrickson, Mayor ATTEST: ___________________________ Kimberly A. Olson, City Clerk Agenda Page 13 Mayor and Council Request for Action M:\Public Data\City Council\Council Packet information\2014\081814\2014-08-18 Replacement Table RCA.doc Meeting Date: August 18, 2014 August 14, 2014 SUBJECT: FINANCE – PURCHASE OF COMMUNITY ROOM TABLES RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve the purchase of replacement rectangle tables for the Community Room in the amount of $4,700 from S&T. BACKGROUND: Tables and chairs for community meeting rooms were originally purchased when the City Hall was built in 2007. Since that time, a number of tables have been damaged by either regular wear and tear or by outside rental groups. The City currently has an inadequate supply of tables for both the upstairs room and the Full Community Room. As such, the City is nearly unable to set up and provide tables for many of the City’s largest renters. These renters (approximately 8-10 businesses) are local to Albertville and generally hold 2-3 large events per calendar year. Currently, the City only has 18 rectangle tables for use in the Full Community Room which accommodates approximately 72 participants. Rentals from these businesses often need to accommodate 100 plus participants. Staff has researched the cost of replacement tables and was able to find a vendor willing to sell the tables at a considerably reduced price. The entire inventory would need to be replaced because the current tables are discontinued. KEY ISSUES: • City Hall is a prime meeting location for many local government groups and associations such as GFOA (Government Finance Officers Association), WCEDP (Wright County Economic Development Partnership), CRRS (Crow River Regional Safety Group), MCFOA (Municipal Clerks and Finance Officers Association), and MMUA (Minnesota Municipal Utilities Association). • The original tables purchased in 2007 have been discontinued. POLICY/PRACTICES CONSIDERATIONS: The Mayor and City Council have the authority to approve capital purchases. FINANCIAL CONSIDERATIONS: There are currently funds in Capital Reserve to purchase the tables. The cost per table is estimated at $184.84 for an estimated grand total of $4,621 for 25 tables. Responsible Person - Department: Tina Lannes, Finance Director Submitted Through: Adam Nafstad, City Administrator-PWD Agenda Page 14 Mayor and Council Request for Action M:\Public Data\City Council\Council Packet information\2014\081814\2014-08-18 Omann Brothers RCA.docx Meeting Date: August 18, 2014 August 14, 2014 SUBJECT: PLANNING - OMANN BROTHERS PAVING, INC. CONDITIONAL USE PERMIT FOR OUTDOOR STORAGE AT 6551 LABEAUX AVENUE NE RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve Resolution No. 2014-022 approving the Omann Brothers Paving Conditional Use Permit (CUP) for outdoor storage for property located at 6551 LaBeaux Avenue in Albertville, MN. BACKGROUND: Omann Brothers Paving, Inc. has requested a Conditional Use Permit for outdoor storage at their property at 6551 LaBeaux Avenue (County Road 19). Their site is zoned I-1, which allows outdoor storage by Conditional Use Permit. The CUP application was reviewed on August 12, 2014 by the Planning Commission. They recommended approval with the conditions outlined in the attached resolution. KEY ISSUES: • The site is zoned I-1 which allows outdoor storage by Conditional Use Permit. • The site is surrounded by commercial zoning and as such, the fencing and screening of the storage area is required. • The storage area conditions of approval shall apply to the entire storage area and not just to the new addition. POLICY/PRACTICES CONSIDERATIONS: The outdoor storage is a conditional use in the I-1 Zoning District. The Planning Commission finds that it meets the CUP criteria for approval with the conditions outlined in the attached resolution. FINANCIAL CONSIDERATIONS: None. LEGAL CONSIDERATIONS: The application has followed the process and procedures of the Albertville Zoning Ordinance. Responsible Person/Department: Alan Brixius, City Planner Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: Resolution No. 2014-022 Planning Report dated August 6, 2014 with Attachments Agenda Page 15 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2014-022 RESOLUTION APPROVING A CONDITIONAL USE PERMIT (FOR ACCESSORY OUTDOOR STORAGE) FOR OMANN BROTHERS PAVING, INC. LOCATED AT 6551 LABEAUX AVENUE NE WITHIN THE CITY OF ALBERTVILLE WHEREAS, Omann Brothers Paving, Inc. has submitted application for Conditional Use Permit for the property legally described as follows; and Parcel# 101500351406 (North Parcel): Sect-35 Twp-121 Range-024 UNPLATTED LAND ALBERTVILLE1 S330FT OF E660FT OF S1/2 OF NE1/4 Parcel # 101500351401 (South Parcel): Sect-35 Twp-121 Range-024 UNPLATTED LAND ALBERTVILLE1 S330FT OF E660FT OF S1/2 OF NE1/4 WHEREAS, City st aff has reviewed the submitted plans and prepared a planning report dated August 6, 2014 prepared by Northwest Associated Consultants, Inc; and WHEREAS, the Albertville Planning Commission met and held a public hearing on August 12, 2014 to consider the Conditional Use Permit for Omann Brothers Paving, Inc. to allow an expansion of their outdoor storage area located upon their property; and WHEREAS, upon review of staff reports and public hearing testimony, the Planning Commission closed the public hearing and recommended that the City Council approve the Conditional Use Permit for Omann Brothers Paving, Inc. with the findings and conditions outlined in the August 6, 2014 planning report as amended; and WHEREAS, the Albertville City Council met on August 18, 2014 to consider the application for a Conditional Use Permit for Omann Brothers Paving, Inc; and WHEREAS, the Albertville City Council received the application, staff review documents, and the Planning Commission recommendation and agrees with the findings and recommendations of the Planning Commission. NOW, THEREFORE BE IT RESOLVED, that the City Council of Albertville, Minnesota hereby approves the Conditional Use Permit based on the plans attached to the planning report dated August 6, 2014 and subject to the following Findings of Fact and Decision: Agenda Page 16 City of Albertville Resolution No. 2014-022 Page 2 Findings of Fact: Based on review of the evidence received, the City Council now makes the following finding of fact and decision: A. The planning report dated August 6, 2014 prepared by Northwest Associated Consultants, Inc. is incorporated herein. B. 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. C. The proposed is or will be compatible with present and future uses of the area. D. The proposed use conforms to all performance standards contained herein. E. The proposed use will not tend to or actually depreciate the area in which it is proposed. F. The proposed use can be accommodated with existing public services and will not overburden the City’s service capacity. G. Traffic generated by the proposed use is within capabilities of streets serving the property. Decision: Based on the foregoing information, applicable ordinances and findings of fact, the City Council hereby APPROVES the Conditional Use Permit based on the plans provided in the August 6, 2014 planning report and information received to date, subject to the following conditions: 1. The following conditions of approval shall be applied to the entire storage area on the larger 7.5 acre site (both properties under the ownership of the applicant). 2. Gravel surfacing of the outdoor storage area shall be allowed provided such surfacing material is properly maintained to avoid the creation and transfer of dust or mud onto abutting rights-of-way and other properties. 3. Outdoor storage materials shall be limited to construction vehicles, machines and equipment accessory to the principal use of the site. The outside storage area shall be kept organized and free of debris at all times. 4. The following landscaping-related conditions shall be satisfied: a. To ensure an effective visual screen, trees placed around the entire periphery of the proposed outside storage area shall be staggered and spaced 25 feet on center or closer. b. All areas not planted with trees or shrubs shall be seeded or sodded with grass. Agenda Page 17 City of Albertville Resolution No. 2014-022 Page 3 c. A landscape guarantee for 2 (two) years shall be provided for all proposed site plantings. 5. Chain-link fencing (6 (six) feet in height) vinyl slats shall be woven into the chain link fence to provide additional screening around the perimeter of the entire outside storage area (existing and proposed). City staff may waive the requirement of slats within the fence with the submission of a detail landscape plan that fully screens the entire (both old and new) outdoor storage areas from surrounding properties and the County Road 19 right-of-way. 6. With the exception of vehicles and machinery, the storage of materials and/or equipment shall not exceed the height of the screen fence. No stacking of items may occur that exceed the height of the site screening. 7. Subject to the City Engineer’s comments and recommendations in regard to site grading and drainage activities. Adopted by the Albertville City Council this 18th day of August 2014. _______________________________ Jillian Hendrickson, Mayor Attest: ___________________________ Kimberly A. Olson, City Clerk Agenda Page 18 4 PLANNING REPORT TO: Adam Nafstad FROM: Alan Brixius DATE: August 6, 2014 RE: Albertville - Omann Brothers Paving Outside Storage CUP FILE: 163.06 - 14.03 BACKGROUND Omann Brothers Paving Inc. has submitted an application for a conditional use permit to allow an expansion of their outside storage area upon their 7.5 acre property located west of County Road 19 and north of Interstate I-94. Specifically, the expanded outdoor storage area is proposed to be located upon a recently acquired 2.5 acre parcel which abuts the north side of the Omann Brothers Paving site. Like the existing outdoor storage area, the expanded storage area is intended to be used to store materials and equipment related to the principal use. Also, like the existing storage area, the expanded storage area is proposed to be surfaced in gravel. The subject site is zoned I-1, Limited Industrial within which accessory outdoor storage is listed as a permitted conditional use. Thus, the processing of a conditional use permit is necessary to accommodate the proposed site activity. Attached for reference: Exhibit A: Certificate of Survey Exhibit B: Site / Landscape Plan Exhibit C: Grading Plan Exhibit D: Stormwater and Pollution Prevention Plan Exhibit E: Details ISSUES AND ANALYSIS Previous Approvals. In 1995, the City approved site and building plans for the Omann Brothers Paving facility. This approval included an office and maintenance building associated with the asphalt, earth moving, and constriction contracting operations. As Agenda Page 19 5 part of such approval, a conditional use permit was also processed to allow the outside storage of equipment and machinery on the west one-half of the property. The CUP was approved subject to various conditions intended to ensure compatibility with surrounding uses. Property Acquisition. The 2.5 acre site upon which the expanded outdoor storage activities are proposed was recently acquired by the applicant. Although the site abuts the primary Omann Brothers parcel, it holds a separate legal description. While staff does not feel it is necessary to legally combine the two parcels, it should be understood that the use of the 2.5 acre parcel for outdoor storage shall only be allowed as an accessory to the principal use. Access to the 2.5 acre parcel is provided via existing access easement from the east. Conditional Use Permit Evaluation Criteria. Applications for conditional use permit are subject to a specific set of evaluation criteria as outlined in Section 400.2.F of the Zoning Ordinance. The following is a listing of the criteria: 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. 2. The proposed use is or will be compatible with present and future uses of the area. 3. The proposed use conforms with all performance standards contained herein. 4. The proposed use will not tend to or actually depreciate the area in which it is proposed. 5. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. 6. Traffic generated by the proposed use is within capabilities of streets serving the property. Assuming compliance with all recommended conditions of project approval, the proposed outside storage activities will be in compliance with the preceding evaluation criteria. Site Plan. The submitted site plan depicts improvements proposed upon the 2.5 acre parcel of land upon which the expanded outside storage activities are proposed. As a condition of CUP approval, it is recommended that a site plan which encompasses the entire 7.5 acre site (both properties under the ownership of the applicant) be provided. Agenda Page 20 6 Such plan will illustrate the functional relationship between all site components. Additionally, such a site plan will graphically document the various site features of the new conditional use permit (applicable to both parcels) for record-keeping purposes. Outside Storage Requirements. Section1000.15.B of the Zoning Ordinance establishes a specific set of conditions applicable to accessory outside storage activities. The following is a listing of the various conditions followed by a staff comment: 1. The area occupied is not within a required front or required side yard. Staff Comment: The proposed outside storage area will not occupy a required front or side yard. Rather, the rear yard which is presently devoted to outdoor storage activities will be expanded northward. 2. The storage area is totally fenced, fully screened and landscaped according to a plan approved by the Zoning Administrator, and a landscape guarantee, as determined by the Zoning Administrator, is provided. Staff Comment: According to the submitted site plan, an 8 foot high chain link fence is to enclose the north, east and west sides of the proposed outside storage area. The type and height of the proposed fence matches that which presently exists upon the subject site. To ensure screening, it is recommended that slats be provided in all chain link fencing (existing and proposed). The submitted landscape plan calls for the placement of 13 coniferous trees along the proposed periphery of the outside storage area. Such tree plantings are spaced approximately 50 feet apart. To ensure an effective visual screen, it is recommended that such trees be staggered and spaced 25 feet on center. 3. If abutting a residential district or use, screening and landscaping is provided according to a plan approved by the Zoning Administrator. Staff Comment: The subject site does not border any residential uses. 4. The storage area is grassed or surfaced with asphalt, concrete, or crushed rock (concrete or granite) to control dust. Should an area surfaced with anything other than hard surfacing prove to be unmaintainable, the City shall require that a hard surface be installed within three (3) months of formal written notice to the property owner. Staff Comment: Like the existing outside storage area, the expanded outside storage area is proposed to be surfaced in gravel. In regard to surfacing requirements, the existing CUP states that gravel is an acceptable surfacing material provided maintenance problems do not occur (resulting in the off-site Agenda Page 21 7 transport of mud). In regard to surfacing, it is recommended that the City retain the right to require asphalt surfacing should problems arise. 5. All lighting shall be hooded and so directed that the light source shall not be visible from the public right of way or from neighboring residences and shall be in compliance with section 1000.10 of this Chapter. Staff Comment: According to the submitted site plan, four light poles (shoe box- type fixtures) are to be provided within the proposed outdoor storage area. As a condition of CUP approval, all exterior lights must be arranged to deflect light or glare away from public streets or adjacent properties. Further, such light poles may not exceed the maximum 30 foot height requirement of the Ordinance. 6. The storage area does not encroach upon required public or employee parking space(s), required loading space, or snow storage area as required by this Ordinance. Staff Comment: While the proposed outdoor storage area will not encroach upon existing snow storage areas, it is unclear where additional snow removed from the new outdoor storage area will be stored. This issue should be addressed by the applicant. 7. A site plan documenting the location and grading of the storage operation shall be submitted and shall be subject to the approval of the City Engineer. Staff Comment: As required, a site grading plan has been submitted for review. Such plan shall be subject to comment and recommendation by the City Engineer. RECOMMENDATION The applicant is requesting a conditional use permit to allow an expanded outside storage area. Provided certain conditions are imposed to minimize potential impacts, staff believes the activity can compatibly exist upon the subject site. In this regard, staff recommends approval of the conditional use permit subject to the following conditions: 1. The following conditions of approval shall be applied to the entire storage area on the larger 7.5 acre site (both properties under the ownership of the applicant). 2. Gravel surfacing of the outdoor storage area shall be allowed provided such surfacing material is properly maintained to avoid the creation and transfer of dust or mud onto abutting rights-of-way and other properties. Agenda Page 22 8 3. Outdoor storage materials shall be limited to construction vehicles, machines and equipment accessory to the principal use of the site. The outside storage area shall be kept organized and free of debris at all times. 4. The following landscaping-related conditions shall be satisfied: a. To ensure an effective visual screen, trees placed around the entire periphery of the proposed outside storage area shall be staggered and spaced 25 feet on center. b. All areas not planted with trees or shrubs shall be seeded or sodded with grass. c. A landscape guarantee for two years shall be provided for all proposed site plantings. 5. Chain-link fencing (8 feet in height with slats) shall be provided around the perimeter of the entire outside storage area (existing and proposed). 6. With the exception of vehicles and machinery, the storage of materials and/or equipment shall not exceed the height of the screen fence. No stacking of items may occur that exceed the height of the site screening. 7. Subject to the City Engineer’s comments and recommendations in regard to site grading and drainage activities. c: Kim Olson Sue Schwalbe Paul Heins Mike Couri Omann Brothers Paving Inc. Agenda Page 23 9 Agenda Page 24 10 Agenda Page 25 11 Agenda Page 26 12 Agenda Page 27 13 Agenda Page 28 Mayor and Council Request for Action M:\Public Data\City Council\Council Packet information\2014\081814\2014-08-18 5233 53rd Circle RCA.docx Meeting Date: August 18, 2014 August 14, 2014 SUBJECT: PLANNING - FENCE HEIGHT VARIANCE FOR 5233 53RD CIRCLE NE RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve Resolution No. 2014-023 approving a variance to allow a 10 (ten) foot high residential boundary fence for property located at 5233 53rd Circle NE in Albertville, MN BACKGROUND: Mr. Nyles Gentz has filed application for a variance request for a 10 (ten) foot tall boundary line fence in an R-1, Single Family Zoning District. The fence is intended to screen the alleged lurid behavior of an adjoining neighbor. The Albertville Planning Commission held a public hearing on this application on August 12, 2014. After review of the August 7, 2014 planning report, taking public testimony, they closed the public hearing. The Planning Commission recommended Council approval with the findings and conditions outlined in the attached resolution. KEY ISSUES: • The applicant is seeking the variance to screen his home, deck and yard from the alleged lurid behavior of an adjoining neighbor. • The home and lot elevations for both the applicant’s property and the neighboring lot are similar, resulting in an open line of sight between the properties. • The applicant has sought alternative relief through the Sheriff’s Department without success. POLICY/PRACTICES CONSIDERATIONS: The August 7, 2014 report outlined findings for considering the variance. The Planning Commission reviewed the report and agreed with the analysis and findings and recommended approval. If Council agrees with the findings, they may approve the variance request. LEGAL CONSIDERATIONS: The variance application has followed the full development application review process. The attached resolution outlined the Planning Commission findings and recommendation. Responsible Person/Department: Alan Brixius, Planning Department Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: Resolution No.2014-023 Planning Report Dated August 7, 2014 with Exhibits Agenda Page 29 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2014-023 RESOLUTION APPROVING A VARIANCE TO ALLOW A RESIDENTIAL FENCE GREATER THAN SIX FEET IN HEIGHT UPON PROPERTY LOCATED AT 5233 53RD CIRCLE NE WITHIN THE CITY OF ALBERTVILLE WHEREAS, Nyles Gentz has submitted an application for variance to allow a residential fence measuring 10 (ten) feet in height to be constructed upon his property legally described as follows: Lot 5, Block 2, Hardwood Pond 2nd Addition, Wright County, Minnesota; and WHEREAS, the City Code does not allow residential fences to exceed 6 (six) feet in height except by variance; and WHEREAS, City staff has reviewed submitted plans and prepared a planning report dated August 7, 2014; and WHEREAS, the Albertville Planning Commission met and held a public hearing on August 12, 2014, to consider the variance application of Mr. Gentz and recommended that the City Council approve the application; and WHEREAS, the Albertville City Council met on August 18, 2014 to consider the variance application; and WHEREAS, the Albertville City Council has received the Mr. Gentz’s application, staff review documents, and 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 variance to allow a residential fence measuring 10 (ten) feet in height to be constructed upon the subject property subject to the following Findings of Fact and Decision. Findings of Fact: Based on review of the evidence received, the City Council now makes the following finding of fact and decision: A. The planning report dated August 7, 2014 from Northwest Associated Consultants, Inc. is incorporated herein. B. In consideration of adjacent property activities, a variance for a fence measuring 10 (ten) feet in height upon the subject site is considered a reasonable use of the subject property. In that is screens the property from the adjoining property and protects the applicant’s private enjoyment of their home, deck and yard. Agenda Page 30 City of Albertville Resolution No. 2014-023 Page 2 C. Practical difficulties exist which are unique to the subject property. Due to the design and elevations of lots and blocks within the applicant’s subdivision, only the applicant’s property is visually exposed to neighboring site activities. D. The variance is not a result of actions by the applicant. The need for variance has been created by the neighboring property. The applicant has investigated other effort for relief from the neighbor’s behavior and found no remedies. E. The requested variance (10 (ten) foot visual screen) is the minimum variance needed to accomplish the intended purpose of the applicant. Decision: Based on the foregoing information, applicable ordinances, and findings of fact, the City Council hereby APPROVES the variance to allow a residential fence measuring 10 (ten) feet in height as provided in the August 7, 2014 planning report, subject to the following conditions: 1. The applicant locate property monuments and mark the corners of the property to show the location of the fence in relationship to the property lines on the lot to allow the Building Inspector to verify that the fence is entirely on the applicant’s property. 2. The applicant must provide engineered construction plans for the 10 (ten) foot tall fence showing footings, supports, and fence panel design along with an application for a fence permit for review and approval by the Building Inspector. 3. The placement and construction of the fence shall not interfere with or obstruct the site or block storm water drainage patterns along these shared property lines. 4. The fence shall not be a solid wall, rather each panel must provide a minimum of 5% open space for passage of air, light and storm water. Adopted by the Albertville City Council this 18th day of August 2014. ______________________________ Jillian Hendrickson, Mayor Attest: ___________________________ Kimberly A. Olson, City Clerk Agenda Page 31 22 PLANNING REPORT TO: Adam Nafstad FROM: Alan Brixius DATE: August 7, 2014 RE: Albertville – 5233 53rd Circle NE Fence Height Variance FILE: 163.06 – 14.04 BACKGROUND Nyles Gentz, owner of the single family home at 5233 53rd Circle NE, is requesting a variance from the City’s residential fence height of six feet to allow a 10 foot boundary line fence to be constructed along the entire length of his rear property line. The 10 foot tall fence is intended to provide visual relief from their neighbor to the west. Allegedly, the neighbor to the west chooses not to wear clothes within his house. He has occasionally exposed himself to the members of the Gentz family or their nanny while passing by his windows or when he lets his dogs out of the sliding glass door on his deck. The Gentz lot and home have similar elevations and as such, sight lines from the Gentz house windows, deck and yard are open to the adjoining property. The Gentz family have young children that have been exposed to their neighbor. They have contacted the Sheriff’s Department but have not received any relief because the neighbor stays within the confines of his house. The applicant has explored landscaping, however, this does not offer immediate resolution of the issue. Mr. Gentz has approached the City Council for suggestions for how to proceed and they indicated that a variance offers the option. Attached for reference: Exhibit A: Site Survey Exhibit B: Fence Examples Exhibit C: Proposed Fence Detail Exhibit D: Neighborhood Aerial Agenda Page 32 23 ISSUES AND ANALYSIS Fence Criteria. Section 1000.6 of the Albertville Zoning Ordinance establishes the following performance standards for residential fences: 1. All fences require a permit. 2. Boundary line fences must be located entirely on the property of the person constructing the fence. This will require the applicant to provide a site survey or locate the property corner monuments to allow the City Building Inspector to verify the fence location. 3. The fence must be constructed in a professional manner. Any fence over eight feet in height must be engineered to sustain wind loads. The construction drawings must include engineering footings and supports that can accommodate the additional height. 4. Boundary line fences cannot be solid walls. Boundary line fences shall be slatted to provide a minimum of 5% open areas throughout the fence panels to allow for the passage of air and drainage. 5. The proposed fence is a boundary line fence located in a rear yard drainage easement. The fence design and construction shall not interfere with neighborhood drainage patterns. The fence design must allow for the passage of stormwater. 6. Rear yard fences are limited to a six foot height. Due to sight lines from both their yards and raised deck, the applicant is requesting a taller, 10 foot fence to screen his neighbor. Variance Criteria. This request is unusual in that the taller fence is being requested to screen a neighbor’s personal habits rather than a land use. In considering the variance, the Planning Commission and City Council must make the following findings: 1. Is the variance for a 10 foot tall fence at this location a reasonable use of the property? Comment: The applicant is seeking immediate relief from his neighbor’s personal habits. Alternative screening methods (i.e., landscaping) will not provide full immediate screening. The proposed fence height is intended to screen the adjoining property from both the yard and first floor of the home. 2. Practical difficulties unique to the property. Comment: The physical difficulties with this situation is that both homes sit at similar elevations with relatively flat yards. This results in clear lines of sight between the homes from both the rear yard and the first floor of the home and Agenda Page 33 24 deck. Due to the design of the lots and blocks within this neighborhood, only the Gentz property has visual exposure to the property in question. 3. Literal interpretation of the ordinance would deny the applicant of rights commonly enjoyed by other properties in the same district. Comment: According to testimony from Mr. Gentz, the neighbor’s offensive personal behavior interferes with his family’s quiet enjoyment of their home, deck and rear yard. He has children that he doesn’t want exposed to his neighbor. The 10 foot fence will provide screening that would allow his family to use their property without the intrusion by the neighbor. 4. The variance is not a result of actions by the applicant. Comment: This situation has been created by the neighboring property. The applicant has contacted the Sheriff’s Department and filed complaints, however, this has not provided any relief. 5. The variance requested is the minimum variance needed to accomplish the intended purpose of the applicant. Comment: The applicant initially approached staff and Council requesting a 12 foot fence. After analysis, the applicant has reduced the fence height sufficient to screen the yard, deck and first floor of the home. SUMMARY AND RECOMMENDATION The variance request is unusual in that it addresses a neighborhood conflict rather than a land use issue. The applicant has sought other avenues to remedy the situation and has found no relief. This variance application and fence construction will provide the applicant and his family immediate relief from a difficult situation. If the Planning Commission agrees with the analysis of this report and finds that the applicant meets the approval criteria, we would recommend approval of the variance to allow a 10 foot tall fence along the rear property line of 5233 53rd Circle NE with the following conditions: 1. The applicant locate property monuments and mark the corners of the property to show the location of the fence in relationship to the property lines on the lot to allow the Building Inspector to verify that the fence is entirely on the applicant’s property. 2. The applicant must provide engineered construction plans for the 10 foot tall fence showing footings, supports, and fence panel design along with an application for a fence permit for review and approval by the Building Inspector. Agenda Page 34 25 3. The placement and construction of the fence shall not interfere with or obstruct the site or block stormwater drainage patterns along these shared property lines. 4. The fence shall not be a solid wall, rather each panel must provide a minimum of 5% open space for passage of air, light and stormwater. c: Kim Olson Sue Schwalbe Paul Heins Mike Couri Nyles Gentz Agenda Page 35 EXHIBIT A26Agenda Page 36 EXHIBIT B 27Agenda Page 37 EXHIBIT B 28Agenda Page 38 EXHIBIT C29Agenda Page 39 EXHIBIT D 30Agenda Page 40 Mayor and Council Request for Action M:\Public Data\City Council\Council Packet information\2014\081814\2014-08-18 Federated Co-ops RCA.docx Meeting Date: August 18, 2014 August 14, 2014 SUBJECT: PLANNING - FEDERATED CO-OPS INC. PLANNED UNIT DEVELOPMENT AMENDMENT RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Approve Resolution No. 2014-024 approving the Federated Co-ops Inc. application for a Planned Unit Development (PUD) amendment to allow a 5,000 square foot warehouse and expanded outdoor storage at 11229 60th Street NE in Albertville, MN. BACKGROUND: In 2013, the City approved a PUD/B-3 zoning for the Federated Co-ops Inc. property at 11229 60th Street NE in Albertville. This change of zoning was undertaken to bring the current business and operation into conformity with City zoning in order to allow the business to grow in place. The 2013 site plan identified a future 5,000 square foot warehouse. Federated Co-ops Inc. is now seeking to construct the 5,000 square foot warehouse and expand their outdoor storage in the western portion of their site. They are seeking these approvals and flexibility from the B-3 architectural standards through the PUD amendment. This PUD application was reviewed by the Planning Commission on August 12, 2014. Upon closing the public hearing, they recommended approval of the PUD amendment with the conditions outlined in the attached resolution. KEY ISSUES: • The subject property is zoned PUD/B-3 District. The land uses are allowed within the zoning district. • The applicant is seeking flexibility from the exterior building standards of the B-3 District through PUD. • The building meets required setbacks. • The outdoor storage plans are incomplete and will require additional detail for staff approval. POLICY/PRACTICES CONSIDERATIONS: The PUD amendment is consistent with the 2013 original approvals. The new building will help grow this business in place. FINANCIAL CONSIDERATIONS: None. LEGAL CONSIDERATIONS: In establishing the 2013 PUD/B-3 District, the City established the zoning mechanisms to approve these building and site improvements. Agenda Page 41 Mayor and Council Request for Action – August 18, 2014 Planning - Federated Co-ops Planned Unit Development Amendment Page 2 of 2 M:\Public Data\City Council\Council Packet information\2014\081814\2014-08-18 Federated Co-ops RCA.docx Meeting Date: August 18, 2014 Responsible Person/Department: Alan Brixius, City Planner Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: Resolution No. 2014-024 Planning report Dated August 6, 2014 with Attachments Agenda Page 42 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2014-024 RESOLUTION APPROVING SITE AND BUILDING PLANS FOR THE FEDERATED CO-OPS PROPERTY LOCATED AT 11229 60TH AVENUE NE WITHIN THE CITY OF ALBERTVILLE WHEREAS, Federated Co-ops Inc. have submitted an application for a site and building plan review for a 5,000 square foot warehouse building upon property legally described as follows: Federated Co-ops Inc. Addition, Lot 1, Block 1 and Lot 1, Block 2, Wright County, Minnesota; and WHEREAS, City Staff has reviewed submitted plans and prepared a planning report dated August 6, 2014; and WHEREAS, the Albertville Planning Commission met and held a public hearing on August 12, 2014, to consider the site and building plans of Federated Co-ops Inc. and recommended that the City Council approve the plans; and WHEREAS, the Albertville City Council met on August 18, 2014 to consider the Federated Co-ops Inc. Site and Building Plan Review application; and WHEREAS, the Albertville City Council has received the Federated Co-ops Inc. application, staff review documents, and 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 site and building plans of Federated Co-ops Inc. subject to the following Findings of Fact and Decision. Findings of Fact: Based on review of the evidence received, the City Council now makes the following finding of fact and decision: A. The planning report dated August 6, 2014 from Northwest Associated Consultants, Inc. is incorporated herein. B. The site is zoned PUD, Planned Unit Development District which allows both the existing agri-business use and retains the underlying B-3 District zoning to permit the ongoing use of the property while anticipating long-term commercial redevelopment consistent with the Comprehensive Plan. Agenda Page 43 City of Albertville Resolution No. 2014-024 Page 2 Decision: Based on the foregoing information, applicable ordinances and findings of fact, the City Council hereby APPROVES the site and building plans of Federated Co-ops Inc. (attached to the August 6, 2014 planning report) subject to the following conditions: 1. The applicant must secure a fence permit and provide a detail of the proposed fence and a site plan that illustrates the location of the new fence. The applicant must fence in all outdoor storage areas to define and secure this use of the site. If the fence is chain link, the City may require slats be included in the fence. The need for this will depend on the final screening plan for the storage area. 2. Prior to clear cutting and grading of the site, the applicant must illustrate the limits of the proposed outdoor storage area and demonstrate the following: a. Areas of tree preservation. The applicant is proposing to save some of the existing trees along the north property line to screen the storage area from 60th Street NE. They must illustrate the limits of tree removal and trees to be saved to demonstrate what screening will remain. If the tree cover is determined to be inadequate, slats woven into the chain link fence may be required. b. The site grading must show drainage patterns and where storm water will be collected, and treated. Site grading shall be reviewed and approved by the City Engineer. c. The applicant must install a ground cover over the outdoor storage area to control dust and mud. The surfacing material may be crushed rock or other material approved by the City Engineer. 3. Any new exterior lighting shall be 90 degree cutoff fixtures with the light source recessed into a hood or shield. This shall apply to either freestanding poles or building mounted lights. 4. The outdoor storage area shall only be used for the storage of equipment and/or materials related to the operation or services of the principal use of the property. Adopted by the Albertville City Council this 18th day of August 2014. _______________________________ Jillian Hendrickson, Mayor Attest: _______________________________ Kimberly A. Olson, City Clerk Agenda Page 44 14 PLANNING REPORT TO: Adam Nafstad FROM: Emily Shively/ Alan Brixius DATE: August 6, 2014 RE: Albertville – Site and Building Plan Review for Federated Co-ops Inc., 11229 60th Street NE FILE: 163.06 – 14.02 BACKGROUND Federated Co-ops is planning to construct a new 5,000 square foot warehouse building in the western portion of their property. The warehouse building location is indicated on the preliminary plat approved approximately one year ago. At that time, Federated acquired two parcels and the property was rezoned to PUD specifically approving the existing agri-business uses and retaining underlying B-3 District zoning to permit the ongoing use of the property while anticipating long-term commercial redevelopment consistent with the Albertville Comprehensive Plan. Attached for reference: Exhibit A: Site Plan Exhibit B: Proposed Siding Materials and Building Type ISSUES AND ANALYSIS Site and Building Plan Review. The proposed warehouse building will be 5,000 square feet and provide enclosed storage for business inventory. Setbacks. As part of the PUD approval, 10 foot setbacks from the east, south, and west property lines were established. The proposed warehouse building will meet the setback requirement and abut the 10 foot drainage and utility easement that runs along the south property line. Agenda Page 45 15 Building Type and Standards. The applicant is proposing a pole construction warehouse building. As the use of the property is agriculture-related, this is permitted. However, since the location of the property is adjacent to Central Park and is more visible than typical agricultural buildings, a higher quality exterior material is required. The applicant has proposed white horizontal steel lap siding that will match the color of the existing buildings on the site and have a more residential character than typical metal siding. Outdoor Storage. Existing items stored on site where the building will be located will be moved to the northwest corner of the parcel. The existing fence will be relocated to accommodate construction of the new building as well. The expanded outdoor storage is being requested as part of this PUD amendment. Approval of the new outdoor storage must meet City standards as outlined in the recommendations section of this report. SUMMARY AND RECOMMENDATION The proposed warehouse building was reviewed as part of the site and building plans accompanying the rezoning and preliminary plat review undertaken in July 2013. Federated Co-ops is now planning to construct the building consistent with the previously approved plans. We are recommending approval of the site and building plans for the construction of a 5,000 square foot warehouse building. Approval may be granted with the following conditions: 1. The applicant must secure a fence permit and provide a detail of the proposed fence and a site plan that illustrates the location of the new fence. The applicant must fence in all outdoor storage areas to define and secure this use of the site. If the fence is chain link, the City may require slats be included in the fence. The need for this will depend on the final screening plan for the storage area. 2. Prior to clear cutting and grading of the site, the applicant must illustrate the limits of the proposed outdoor storage area and demonstrate the following: a. Areas of tree preservation. The applicant is proposing to save some of the existing trees along the north property line to screen the storage area from 60th Street. They must illustrate the limits of tree removal and trees to be saved to demonstrate what screening will remain. If the tree cover is determined to be inadequate, slats woven into the chain link fence may be required. b. The site grading must show drainage patterns and where stormwater will be collected, and treated. Site grading shall be reviewed and approved by the City Engineer. Agenda Page 46 16 c. The applicant must install a ground cover over the outdoor storage area to control dust and mud. The surfacing material may be crushed rock or other material approved by the City Engineer. 3. Any new exterior lighting shall be 90 degree cutoff fixtures with the light source recessed into a hood or shield. This shall apply to either freestanding poles or building mounted lights. 4. The outdoor storage area shall only be used for the storage of equipment and/or materials related to the operation or services of the principal use of the property. c: Kim Olson Sue Schwalbe Paul Heins Mike Couri Federated Co-ops, 502 South 2nd Street, Princeton, MN 55371 Agenda Page 47 EXHIBIT A17Agenda Page 48 EXHIBIT B18 Agenda Page 49 EXHIBIT B19 Agenda Page 50 EXHIBIT B20 Agenda Page 51 EXHIBIT B21 Agenda Page 52