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2017-02-21 CC Agenda Packet City of Albertville Council Agenda TUESDAY, February 21, 2017 City Council Chambers 7:00 p.m. PUBLIC COMMENTS -The City of Albertville welcomes and encourages public input on issues listed on the agenda or of general community interest. Citizens wishing to address the Council regarding specific agenda items, other than public hearings are invited to do so under Public Forum and are asked to fill out a “Request to Speak Card”. Presentations are limited to five (5) minutes. M:\Public Data\City Council\Council Agendas\2017 Agenda Packets\2017-02-21 CC Agenda.docx Meeting Date: February 21, 2017 1. Call to Order 2. Pledge of Allegiance – Roll Call 3. Recognitions – Presentations – Introductions 4. Public Forum – (time reserved 5 minutes) 5. Amendments to the Agenda 6. Consent Agenda All items under the Consent Agenda are considered to be routine by the City staff and will be enacted by one motion. In the event an item is pulled, it will be discussed in the order it is listed on the Consent agenda following the approval of the remaining Consent items. These items will be approved by a separate motion. A. Approve the February 6, 2017 regular City Council meeting minutes as presented (pgs 3-8) B. Authorize the Tuesday, February 21, 2017 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 9) 7. Public Hearings 1). Franklin Outdoor Advertising Billboard Variance (pgs 10-25) • Open the public hearing. • Close the public hearing. • Motion to Adopt Resolution No. 2017-005 Approving a Setback and Sign Height Variance for Franklin Outdoor Advertising Billboard Located at 11438 County Road 37 NE within the City of Albertville. 8. Department Business A. City Council 1). Committee Updates Recent Meetings: STMA Ice Arena Board, Feb. 13 Planning Commission, Feb. 14 Agenda Page 1 City of Albertville Council Agenda TUESDAY, February 21, 2017 Page 2 of 2 M:\Public Data\City Council\Council Agendas\2017 Agenda Packets\2017-02-21 CC Agenda.docx Meeting Date: February 21, 2017 B. Fire 1). Fire Update (pgs 26-28) C. Planning/Zoning - None D. Finance – None E. City Clerk – None F. Public Works/Engineering – None G. Building – None H. Legal – None I. Administration - None 9. Announcements and/or Upcoming Meetings February 27 Joint Powers Water Board, 6:00 p.m. Parks Committee, 8:00 p.m. March 6 City Council, 7:00 p.m. March 13 STMA Ice Arena Board, 6:00 p.m. March 14 Planning Commission, 7:00 p.m. March 20 City Council, 7:00 p.m. March 27 Joint Powers Water Board, 6:00 p.m. Parks Committee, 8:00 p.m. FEBRUARY MARCH Su M Tu W Th F Sa Su M Tu W Th F Sa 1 2 3 4 1 2 3 4 5 CC 6 ED 7 8 9 10 11 5 CC 6 7 8 9 10 11 12 Ice 13 PC 14 15 16 17 18 12 Ice 13 PC 14 15 16 17 18 19 H 20 CC 21 22 23 24 25 19 CC 20 21 22 23 24 25 26 JP27PK 28 26 JP27PK 28 29 30 31 10. Adjournment Agenda Page 2 Page 1 ALBERTVILLE CITY COUNCIL Monday, February 6, 2017 DRAFT MINUTES ALBERTVILLE CITY HALL 7:00 PM 1. CALL TO ORDER - PLEDGE OF ALLEGIANCE Mayor Hendrickson called the meeting to order at 7:00 p.m. 2. ROLL CALL Present: Mayor Hendrickson and Council members Hudson, Olson, and Vetsch Absent: Council member Cocking Staff Present: City Administrator-PWD Adam Nafstad, City Attorney Mike Couri, City Planner Al Brixius, Fire Chief Eric Bullen, Deputy Fire Chief Jeff Davis, Assistant Fire Chief Tate Mills, Finance Director Tina Lannes, Water/Wastewater Supervisor John Middendorf, City Clerk Kimberly Olson, Firefighter Tim Trainor, Firefighter Jake Kreutner, Firefighter Matt Weber, Firefighter Eric Sovis, Firefighter Bob Marquette, and Firefighter Steve Long Others Present: Eric Lucero, LeRoy Berning, Aaron Kalahar, Sarah Hansen, Caleb Gregoire 3. AMENDMENTS TO THE AGENDA Hendrickson amended the agenda to add Representative Lucero as Item 4b. Motioned by Vetsch, seconded by Hudson, to approve the Agenda as amended. Ayes: Hendrickson, Hudson, Olson, and Vetsch. Nays: None. Absent: Cocking. MOTIOIN DECLARED CARRIED. 4. RECOGNITIONS – PRESENTATIONS – INTRODUCTIONS A. Fire Service Awards Bullen presented the following service awards: Paul Heinen Above and Beyond: Firefighter Tim Trainor Top Caller: Firefighter Jake Kreutner (3rd consecutive year) 15 Service Years: Deputy Chief Jeff Davis and Captain Ron Peterson 20 Service Years: Assistant Chief Tate Mills 35 Service Years: Firefighter Albert Barthel Special Recognition: Firefighter Bill Valerius, 27 Service Years Agenda Page 3 City Council Meeting Minutes Page 2 Regular Meeting of February 6, 2017 Retirements: Firefighter Matt Weber, 12+ Service Years Firefighter Eric Sovis, 14+ Service Years Firefighter Bob Marquette, 18+ Service Years Firefighter Steve Long, 20+ Service Years Hendrickson thanked the Fire Department for their service. B. Legislative Preview – Eric Lucero Representative Lucero provided the Council a legislative preview of the session. He highlighted the following items he has contributed to and/or bills he has authored: • Healthcare reform – repeal prohibition of for-profit healthcare providers • HF 231, Corridors of Commerce funding • HF 385, Dedicated three lane expansion to Albertville • HF 181, Equity funding for bottom 20% of schools • Needed tax cuts to avoid surplus • HF 656 – Health insurance premiums to be tax deductible • HF 458, Audit services to be reimbursed costs incurred due to the MN Auditor’s law suit against three counties He mentioned his upcoming town hall meetings around the area and thanked the Council for their time. Nafstad clarified that Senator Kiffmeyer is carrying the companion bill to HF 385 in the Senate. C. Central Park Depot LeRoy Berning, Albertville Lions Club, was present to provide Council an update of what the Lions would like to do in regards to design of the proposed depot. He stated they would like to keep the look as close to the original depot as possible and have received input from both the Parks Committee and the Lions Club. He stated the depot would have a meeting group space and a curtained, raised area for music performances. He reported they will use as many maintenance free materials in the construction as possible. The building will also include handicap accessible bathrooms, limited concession area, and possibly a water fountain. Storage inside would accommodate only the tables and chairs. Berning showed drawings of the proposed building. Nafstad reported that the city would bring water and sewer to the site in spring/summer of 2017 and the goal is to have the project complete by the 2019 centennial. He stated that staff is working on other elements of the project such as the Master Park Plan and that will come back to Council later at a future meeting. Berning stated that the Lions are not looking to own or insure the building and it would be dedicated to the City. Nafstad anticipates seeing public requests for usage of the building and they will need to come up with a policy. Vetsch stated that since the building will be a City-owned building, it will require maintenance and staff time and he wants to make sure that both staff and Council are okay with those responsibilities. Olson inquired if technology would be installed at the building, such as Wi- Fi, and Lannes replied that could be done. Berning stated they are looking at in-floor heat and it Agenda Page 4 City Council Meeting Minutes Page 3 Regular Meeting of February 6, 2017 would most likely need Wi-Fi to regulate the heat in the building prior to use. Olson also suggested that the City could assist with security costs. Nafstad inquired of the City Attorney about bid requirements for the project. Lannes stated they will have to look at how the funds between the Lions and the City are established and it will depend on that. 5. PUBLIC FORUM – (time reserved 5 minutes) There was no one present for the forum. 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 January 17, 2017 regular City Council meeting minutes as presented B. Authorize the Monday, February 6, 2017 payment of claims as presented, except bills specifically pulled which are passed by separate motion. The claims listing has been provided to City Council as a separate document and is available for public view at City Hall upon request C. Approve the annual permit renewal for Consumption and Display of liquor for the City Hall building, located at 5959 Main Avenue NE, for the period of April 1, 2017 through March 31, 2018 Motioned by Vetsch, seconded by Hudson, to approve the Consent Agenda as presented. Ayes: Hendrickson, Hudson, Olson, and Vetsch. Nays: None. Absent: Cocking. MOTION DECLARED CARRIED. 7. PUBLIC HEARINGS – None 8. DEPARTMENT BUSINESS A. City Council 1). Committee Updates Personnel Committee Nafstad suggested the committee meet prior to the next meeting to determine a recommendation to the City Council for Planning Commission appointments. Hudson would like the Council to forward their scoring or comments to the Personnel Committee members prior to their meeting for their consideration. Parks Committee Hendrickson stated that she would like to attend the February 27, 2017 Parks Committee meeting and Nafstad replied that would be fine and would not create a quorum. Agenda Page 5 City Council Meeting Minutes Page 4 Regular Meeting of February 6, 2017 B. Public Works/Engineering 1). Upgrade Meter Reading Equipment Middendorf reported the City has 2,500 meter readers and the equipment is becoming outdated. Nafstad also reported that the current equipment is not serviceable and there are really no other options for the department at this time. Motioned by Olson, seconded by Hudson, to approve purchase of one MRX920 Mobile Data Collector and accessories for the amount of $7,500 and Toughbook in the amount of $1,800. Ayes: Hendrickson, Hudson, Olson, and Vetsch. Nays: None. Absent: Cocking. MOTION DECLARED CARRIED. C. Fire 1). Fire Department Update Bullen updated the Council that three reserve firefighters have been hired and sworn in and they will begin the Elk River Fire Academy next week. He stated that although with the hiring, they are still at 30 members of the 33 maximum limit and he would like to advertise the hiring process again. Bullen reported the fire inspection program was started after the first of the year and they have already completed 80 inspections at the Albertville Premium Outlet Mall. He also provided statistics for the 2016 year. He stated the department responded to 153 calls in Albertville (55.4%) and 105 calls in Otsego (38.0%) with the remainder being fire mutual aid calls. Members attended 2,733 hours of training and volunteered 1,666 hours of time for an average of 59 hours of volunteering per member. Hudson inquired if the department is required to post the hiring process or if the previous applicants can be contacted. Couri stated there is no requirement to post, but the City must comply with Veterans Preference Points and that would be easier to do if the position is posted. Hudson recommended informing the previous applicants of the posting. D. City Clerk 1). Set Local Board of Appeals and Equalization Meeting Date and Time Clerk Olson stated the City must set their annual Local Board of Appeals and Equalization Meeting. Motioned by Vetsch, seconded by Olson, to the Albertville Local Board of Appeals and Equalization Meeting for April 17, 2017 at 6:30 p.m. Ayes: Hendrickson, Hudson, Olson, and Vetsch. Nays: None. Absent: Cocking. MOTION DECLARED CARRIED. E. Legal 1). City Attorney Report There were no questions for the attorney. F. Finance – None G. Building – None H. Planning/Zoning – None Agenda Page 6 City Council Meeting Minutes Page 5 Regular Meeting of February 6, 2017 I. Administration 1). Plan Set Scanning Quote Nafstad reported that the City is currently up to date on the Electronic Document Management System for smaller sized records. However, the large plan sets, mostly building plans, were not scanned as the City did not have a large scale scanner. There is a large amount of plan sets to be scanned and staff is recommending a vendor take them on a flatbed truck to scan at the vendor facility. He stated that even though the City has recently purchased a scanner that can do periodic large plan set scanning, there are simply too many large plan sets to do in house and it is more cost effective to send them to a vendor. Motioned by Hendrickson, seconded by Olson, to approve the proposed quote for Cities Digital to digitize plan sets for an estimated $8,000. Ayes: Hendrickson, Hudson, Olson, and Vetsch. Nays: None. Absent: Cocking. MOTION DECLARED CARRIED. 2). City Administrator’s Update Nafstad provided an update on the 2017 CSAH 19 and 57th Street NE Signal Improvements. He stated that SRF is making changes to the location of the median. Olson clarified with that change the electric transformer will not be moved and could be potential cost savings. Nafstad stated the real cost will be making all legs of the intersection ADA compliant. Nafstad reported that staff is planning a neighborhood meeting regarding the 2017 Street Improvements Project. They are aiming for a February 28 open house for the affected neighbors and they will be sending out a mailing next week. Olson inquired about driveway replacement and what happens if half or more of a driveway needs to be replaced; specifically if the homeowner would like to pay for the remaining part to be replaced in order to have a fully replaced and matching driveway. Nafstad stated they can work with the Contractor to find solutions for residents that would like to pursue that option. Nafstad reported that they are looking at possibility extending sewer to the Omann Brothers property. Nafstad reported the Council has been invited to a tour of the Law Enforcement Center on February 22, 2017 from 6:30 – 9:00 p.m. He stated that LGN is looking at dates for the Washington D.C. trip, the National League of Cities Conference is in mid-March and to please let him know if any members are interested in attending. Olson replied he may be interested. The Fire Department party is on February 11 and will be posted in case of a quorum. Transportation Day at the Capital is on February 16. Nafstad asked Clerk Olson to report on a daycare request received by the City. Clerk Olson reported the request was for an in-home day care for 33 children and Albertville’s zoning only allows for up to 14 children in homes. Anything above that is considered a commercial daycare. Staff drafted a letter to the MN Dept. of Human Services that the request is not in line with City zoning. Brixius further identified the site is a middle townhome unit and would be lacking in reasonable space, parking, and recreational opportunities for that many children. However, he did Agenda Page 7 City Council Meeting Minutes Page 6 Regular Meeting of February 6, 2017 state that if the applicant did not agree with the findings in the letter, the applicant could appeal to the City Council. 9. ANNOUNCEMENTS AND/OR UPCOMING MEETINGS February 7 STMA Capital Bond Referendum Election, 7:00 a.m.-8:00 p.m. STMA Middle School West February 13 STMA Ice Arena Board, 6:00 p.m. February 14 Planning Commission, 7:00 p.m. February 20 City Offices Closed, Presidents’ Day February 21 City Council, 7:00 p.m. February 27 Joint Powers Water Board, 6:00 p.m. Parks Committee, 8:00 p.m. March 6 City Council, 7:00p.m. March 13 STMA Ice Arena Board, 6:00 p.m. March 14 Planning Commission, 7:00 p.m. March 20 City Council, 7:00 p.m. March 27 Joint Powers Water Board, 6:00 p.m. Parks Committee, 8:00 p.m. 10. ADJOURNMENT Motioned by Hudson, seconded by Olson, to adjourn the meeting at 8:54p.m. Ayes: Hendrickson, Hudson, Olson, and Vetsch. Nays: None. Absent: Cocking. MOTION DECLARED CARRIED. Respectfully submitted, ___________________________________ Kimberly A. Olson, City Clerk Agenda Page 8 Mayor and Council Request for Action M:\Public Data\City Council\Council Packet Information\2017\022117\2017-02-21 Finance Bills Report (RCA).docx Meeting Date: February21, 2017 February 16, 2017 SUBJECT: CONSENT - FINANCE – PAYMENT OF BILLS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Authorize the Tuesday, February 21, 2017 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 9 Mayor and Council Request for Action M:\Public Data\City Council\Council Packet Information\2017\022117\Franklin Billboard - RCA.docx Meeting Date: February 21, 2017 February 21, 2017 SUBJECT: PLANNING - FRANKLIN OUTDOOR ADVERTISING BILLBOARD VARIANCE. RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: MOTION TO: Motion to Adopt Resolution No. 2017-005 Approving a Setback and Sign Height Variance for Franklin Outdoor Advertising Billboard Located at 11438 County Road 37 NE within the City of Albertville. BACKGROUND: Currently, Franklin Outdoor Advertising owns a legal conforming billboard on property located at 6045 Large Avenue (PID 101500364301) (see Exhibit A). Franklin Outdoor Advertising is proposing to remove this billboard with the intention of relocating it to the west at 11438 County Road 37 NE (PID 101014003060). The proposed new site presents a unique triangular configuration that presents some practical difficulties in the placement and visibility of a billboard. To address these issues, Franklin Outdoor Advertising is requesting variances from the Sign Code required setbacks and height. KEY ISSUES: Setbacks. Billboards shall comply with minimum principal building setback requirements of the applicable zoning district. The site is zoned B-3, Highway Commercial District, which has the following setbacks: Required Proposed Front Yard (South) 35 feet 2 feet Rear Yard (North) 20 feet 2 feet Side Yard (East/West) 20 feet 160/190 feet Sign Height. The maximum height of any billboard shall be 30 feet from the ground. The applicant has requested a sign height of 35 feet as a means of preserving the future usable portions of the site and provide sign visibility. Variance Criteria. In evaluating the following criteria, staff presents findings that both support and argue against the variance. A. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Ordinance. The sign visibility is obscured by the Don’s Auto Body building and interferes with future development potential of this lot. Agenda Page 10 Mayor and Council Request for Action – February 21, 2017 Franklin Outdoor Advertising Billboard Variance Page 2 of 3 M:\Public Data\City Council\Council Packet Information\2017\022117\Franklin Billboard - RCA.docx Meeting Date: February 21, 2017 In pursuing a sign location to the west and the setback variance, the proposed sign preserves the limited buildable use of the property for future use and gives the site some reasonable use of the property in the interim. B. The plight of the property owner is due to circumstances unique to the property and not created by the property owner. The practical difficulty in locating the site is due to the unique physical configuration of the site. C. The variance will not alter the essential character of the locality. Staff finds that granting of the requested variance will not alter the essential character of the locality. Additional variance findings include: 1. The variance will not impair an adequate supply of light or air to adjacent property. Comment: This site offers a somewhat isolated location. This site with the taller billboard will not impair the passage of light or air to adjoining properties. 2. The variance will not unreasonably increase traffic congestion on public streets. Comment: The sign will not add significant traffic to adjoining streets. 3. The variance will not diminish property values. Comment: The site is zoned B-3, Highway Commercial. Billboards are permitted uses. 4. The variance will not violate the intent and purpose of the Comprehensive Plan. Comment: The Albertville Vision Study promotes economic development, infill of commercial properties, and maintaining its current commercial land use patterns. 5. Literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance, or deny the applicant the ability to put the property in question to a reasonable use. Comment: With the removal of the billboard at 6045 Large Avenue, the proposed site becomes an eligible billboard site related to zoning and spacing. 6. Granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district. Agenda Page 11 Mayor and Council Request for Action – February 21, 2017 Franklin Outdoor Advertising Billboard Variance Page 3 of 3 M:\Public Data\City Council\Council Packet Information\2017\022117\Franklin Billboard - RCA.docx Meeting Date: February 21, 2017 Comment: The subject site is unique in its size, its triangular configuration, and its eligibility for a billboard. The Planning Commission met on February 14, 2017 to review this application. Upon review of the application and the February 9, 2017 planning report the recommend approval subject to the conditions outlined in the planning report. The City Council will conduct a public hearing on this application due to a publication miscue. POLICY CONSIDERATIONS: In accordance with State Law, public notice was published and a public hearing held on February 14, 2017 by the Planning Commission for the Variance Request Application. The Commission recommended that the City Council approve the resolution. FINANCIAL CONSIDERATIONS: The applicant shall be responsible for all costs associated with the Variance Request. There are no significant financial issues related to the Variance Request. LEGAL CONSIDERATIONS: In accordance with Council procedures, the Mayor and Council have the authority to issue the variance, and approve the site plan and building plan which requires a majority vote of the City Council and becomes effective upon publication. Department/Responsible Person: Planning, Alan Brixius Submitted Through: Planning, Alan Brixius Attachments: Resolution No. 2017-005 Planning Report dated February 9, 2017 Agenda Page 12 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2017-005 RESOLUTION APPROVING A SETBACK AND SIGN HEIGHT VARIANCE FOR FRANKLIN OUTDOOR ADVERTISING BILLBOARD LOCATED AT 11438 COUNTY ROAD 37 NE WITHIN THE CITY OF ALBERTVILLE WHEREAS, Franklin Outdoor Advertising has submitted an application for a setback sign height variance for a billboard at property located at 11438 County Road 37 NE with Parcel Identification number 101014003060; and WHEREAS, City Staff has reviewed submitted plans and prepared a planning report dated February 9, 2017; and WHEREAS, the Albertville Planning and Zoning Commission met on February 14, 2017, to consider the application for a setback variance; and upon considering the application materials, the February 9, 2017 planning report, the Planning Commission recommended that the City Council approve the variance on a vote of 4 to 0 based on the following findings and with conditions outlined in the planning report; FINDINGS 1. The site is zoned B-3, Highway Commercial District and both commercial building development and billboards are an allowed use within this district. The variances allow for the reasonable use of the property. 2. The site meets the spacing standards of the Albertville Sign Code to be eligible for the construction of a new billboard. 3. The requested height variance is necessary to allow the site to accommodate the approved billboard. The preservation of the site for a future building is consistent with Albertville’s 2012 Vision Study goals and policies 4. The City finds that the site has the following practical difficulties unique to the site that complicates the reasonable use of the site that were not created by the property owner: a. The billboard location meets the required B-3 setbacks and proposed sign location will not interfere with the current operation and future use of the lot. b. The lot size and triangular configuration is a physical practical difficulty not created by the property owner that complicates the location of the billboard. 5. The variance will not change the essential character of the area due to the site’s isolated location and the billboard’s separation from other billboards. Agenda Page 13 City of Albertville Meeting of February 21, 2017 Resolution No. 2017-005 Page 2 6. The requested variance will not impact traffic congestion, public safety, or diminish property values. 7. The variance is needed to overcome practical difficulties with the site and will not confer special privileges denied other eligible billboard sites having similar practical difficulties. 8. The variances are necessary for reasonable use of the property. WHEREAS, the Albertville City Council held a public hearing on February 21, 2017 to consider the Franklin Outdoor Advertising’s variance application, the materials including a site plan; the planning report dated February 9, 2017; 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 setback and sign height variance for a billboard to be located at 11438 County Road 37 NE per the plans received by the city dated January 23, 2017 based on the foregoing variance findings and subject to the following conditions: 1. The existing Franklin Outdoor Advertising billboard at 6045 Large Avenue shall be removed prior to construction of the new billboard. 2. The billboard design shall comply with all Albertville Sign Code standards not covered by the variances. This will require the vertical pole to be concealed with architectural embellishments consisting of stone, brick, masonry panels, or synthetic panels that replicate stone, brick or stucco. Said embellishments shall cover a minimum of 80% of the exterior faces on all sides of the support structure. 3. The applicant shall submit plans to receive a sign permit and building permit for the billboard. Adopted by the Albertville City Council this 21st day of February. _____________________________ Jillian Hendrickson, Mayor ATTEST: ___________________________________ Kimberly A. Olson, City Clerk Agenda Page 14 5 PLANNING REPORT TO: Adam Nafstad FROM: Alan Brixius DATE: February 9, 2017 RE: Albertville – Franklin Outdoor Advertising Billboard Variances: Setbacks and Height FILE NO: 163.06 – 17.01 BACKGROUND Currently, Franklin Outdoor Advertising owns a legal conforming billboard on property located at 6045 Large Avenue (PID 101500364301) (see Exhibit A). Franklin Outdoor Advertising is proposing to remove this billboard with the intention of relocating it to the west at 11438 County Road 37 NE (PID 101014003060). The proposed new site presents a unique triangular configuration that presents some practical difficulties in the placement and visibility of a billboard. To address these issues, Franklin Outdoor Advertising is requesting variances from the Sign Code required setbacks and height. Attached for reference: Exhibit A: Albertville Billboard Study Exhibit B: Applicant Letter Exhibit C: Site Plan Setback Comparison Exhibit D: Site Plan Exhibit E: Sign Elevation ISSUES AND ANALYSIS Albertville currently has 29 billboards within the community, most of which are legal non- conforming based on the 1,000 foot spacing standard that the City now applies. This leaves a limited number of locations for new billboards (see Exhibit A). Agenda Page 15 6 With the removal of Billboard S on Exhibit A, the proposed site becomes eligible for a new billboard providing over 1,000 feet of separation between the new Nelson billboard behind Space Aliens and Billboard V on Exhibit A. The proposed site (PID 101104003060) is a .55 acre triangular lot owned by George and Theresa Berning. The triangular configuration and limited lot area of the site complicates its future development as an independent lot separate from the property to the east. The applicant illustrates in Exhibit B a billboard placement that meets the required setbacks, however at this location, visibility is obstructed and the sign will become an obstacle for any future use of the property. VARIANCE CRITERIA Section 10-7-7.A of the Albertville Sign Code regulates billboards. The applicant will comply with each of the billboard standards but is requesting a variance from the following setbacks: Setbacks. Billboards shall comply with minimum principal building setback requirements of the applicable zoning district. The site is zoned B-3, Highway Commercial District which has the following setbacks: Required Proposed Front Yard (South) 35 feet 2 feet Rear Yard (North) 20 feet 2 feet Side Yard (East/West) 20 feet 160/190 feet Sign Height. The maximum height of any billboard shall be 30 feet from the ground. The applicant has requested a reduced setback and additional sign height (35 feet) as a means of preserving the future usable portions of the site and provide sign visibility. In 2011, the State changed regulations for the consideration of a variance. In evaluating the following criteria, we present findings that both support and argue against the variance. The Planning Commission and City Council will weight this analysis and make a final decision on the application. A. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Ordinance. The applicant’s site plan illustrates a billboard that complies with the district setbacks. At this location, the sign visibility is obscured by the Don’s Auto Body building and gas canopy. This location also interferes with future development potential of the limited buildable area of this lot. In pursuing a sign location to the west and the setback variance, the proposed sign preserves the limited buildable use of the property for future use and gives the site some reasonable use of the property in the interim. This is consistent with the following findings: Agenda Page 16 7 1. The site is guided for commercial land use and is zoned B-3, Highway Commercial District. Both commercial land uses and billboards are permitted within the zoning district. 2. The Albertville 2012 Vision Study guides this site for commercial land use. The plan policies specifically promote commercial development in locations guided for commercial land use. The Vision Study also stipulates that the City will maintain its current planned commercial and industrial land use pattern. With regard to these policies and the Albertville Comprehensive Plan, the preservation of the lot for additional future commercial development is consistent with City goals. 3. With the removal of the Franklin Outdoor Advertising billboard from 6045 Large Avenue, the proposed site meets the 1,000 foot spacing requirements between billboards on the same side of the freeway, making this a billboard eligible site. 4. The additional five foot sign height is needed to provide visual clearance of the site over existing and future buildings along County Road 37 NE. B. The plight of the property owner is due to circumstances unique to the property and not created by the property owner. The practical difficulty in locating the site is due to the unique physical configuration of the site. This physical configuration limits the buildable area of the property. The requested variance places the sign in a reasonable location that will allow some future additional use of the property. This physical condition was not created by the property owner, rather it is a result of the County Road 37 alignment. C. The variance will not alter the essential character of the locality. Staff finds that granting of the requested variance will not alter the essential character of the locality with the following findings: 1. The site is zoned B-3, Highway Commercial District which by ordinance is a site eligible for a billboard. 2. This is a relocation of an existing billboard, not a new construction. With the removal of the existing Franklin billboard at 6045 Large Avenue, this site meets the 1,000 foot spacing requirement between billboards on the same side of the freeway. 3. The variance requests for setbacks and height are to place the billboard in a manner that is the least disruptive to the site and preserving future use of the property. Agenda Page 17 8 4. The reduced setback to the freeway is in character with the setback with Don’s Auto Body and auto parts store, which have 12 feet and 0 feet, respectively. 5. The billboard pole location meets the B-3 setback – the sign face needs the setback variance. In this case with the sign height variance, the sign will have 19 feet of vertical clearance with both north and south lot lines. Additional variance findings include: 1. The variance will not impair an adequate supply of light or air to adjacent property. Comment: This site offers a somewhat isolated location. This site with the taller billboard will not impair the passage of light or air to adjoining properties. 2. The variance will not unreasonably increase traffic congestion on public streets. Comment: The sign will not add significant traffic to adjoining streets. Future commercial development was always anticipated for the lot. Local and County roads serving this site have the capacity to accommodate a commercial development of this size. 3. The variance will not diminish property values. Comment: The site is zoned B-3, Highway Commercial. Billboards are permitted uses. The location of the site and sign will not result in significant impacts on the adjacent properties. 4. The variance will not violate the intent and purpose of the Comprehensive Plan. Comment: The Albertville Vision Study promotes economic development, infill of commercial properties, and maintaining its current commercial land use patterns. In this respect, preserving the site for future commercial development would be consistent with Albertville’s Comprehensive Plan policies. 5. Literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance, or deny the applicant the ability to put the property in question to a reasonable use. Comment: With the removal of the billboard at 6045 Large Avenue, the proposed site becomes an eligible billboard site related to zoning and spacing. Variances to setback and height are due to practical physical difficulties unique specifically to this lot. Under similar circumstances, the City will evaluate future variance requests on their merit and in accordance with City variance criteria. Agenda Page 18 9 6. Granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district. Comment: The subject site is unique in its size, its triangular configuration, and its eligibility for a billboard. In this respect, other properties will not be faced with the same opportunities or practical difficulties. The approval of the variance, if found to be reasonable, would not confer the applicant with special privileges. CONCLUSION Based on the preceding evaluation and findings, staff recommends approval of the variance request allowing a two foot setback from the north and south property lines for a billboard on parcel PID 101014003060 and a billboard height not to exceed 35 feet with the following findings: 1. The site is zoned B-3, Highway Commercial District and both commercial building development and billboards are an allowed use within this district. 2. The site meets the spacing standards of the Albertville Sign Code to be eligible for the construction of a new billboard. 3. The requested height variance is necessary to allow the site to accommodate the approved billboard. The preservation of the site for a future building is consistent with Albertville’s 2012 Vision Study goals and policies including: a. Maintain its current planned commercial and industrial land use patterns and zoning. b. Promote commercial development by the City to take advantage of its access to I-94 and the growing population of Albertville and adjoining communities. c. Be patient with infill development to ensure proper access, quality site design, and quality architecture. 4. The City finds that the site has the following practical difficulties unique to the site that complicates the reasonable use of the site that were not created by the property owner: a. The billboard location meets the required B-3 setbacks and proposed sign location will not interfere with the current operation and future use of the lot. b. The lot size and triangular configuration is a physical practical difficulty not created by the property owner that complicates the location of the billboard. 5. The variance will not change the essential character of the area due to the site’s isolated location and the billboard’s separation from other billboards. Agenda Page 19 10 6. The requested variance will not impact traffic congestion, public safety, or diminish property values. 7. The variance is needed to overcome practical difficulties with the site and will not confer special privileges denied other eligible billboard sites having similar practical difficulties. 8. The variances are necessary for reasonable use of the property. Variance approval shall be with the following conditions: A. The existing Franklin Outdoor Advertising billboard at 6045 Large Avenue shall be removed prior to construction of the new billboard. B. The billboard design shall comply with all Albertville Sign Code standards not covered by the variances. This will require the vertical pole to be concealed with architectural embellishments consisting of stone, brick, masonry panels, or synthetic panels that replicate stone, brick or stucco. Said embellishments shall cover a minimum of 80% of the exterior faces on all sides of the support structure. C. The applicant shall submit plans to receive a sign permit and building permit for the billboard. c: Maeghan Becker Paul Heins Mike Couri Keith Franklin (kfranklin@franklinoutdoor.com) Steve Anderson (sanderson@franklinoutdoor.com) Agenda Page 20 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 A11EXHIBIT AAgenda Page 21 EXHIBIT B12EXHIBIT AAgenda Page 22 EXHIBIT C13EXHIBIT AAgenda Page 23 EXHIBIT D14EXHIBIT AAgenda Page 24 EXHIBIT E15EXHIBIT AAgenda Page 25 Mayor and Council Communication M:\Public Data\City Council\Council Packet Information\2017\022117\2017-02-21 Fire Update.doc Meeting Date: February 21, 2017 February 16, 2017 SUBJECT: FIRE DEPARTMENT UPDATE RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following update: Administration Update: • SOP Revision / Adoption • Reserve Firefighter Position o Posted until Thursday, March 9th • City of Otsego CERT Program Shared Services / Joint Powers Update: • Otsego City Council Workshop o Tuesday, March 7, 2017  All three Fire Departments • Response Times • Future Planning • Otsego Station Study Responsible Person/Title: Eric Bullen, Fire Chief Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: Proposed Procedural Points for a City of Otsego Citizens Emergency Response Team (CERT) Agenda Page 26 Mayor and Council Communication – February 21, 2017 Fire Update Page 2 of 3 M:\Public Data\City Council\Council Packet Information\2017\022117\2017-02-21 Fire Update.doc Meeting Date: February 21, 2017 PROPOSED PROCEDURAL POINTS FOR A CITY OF OTSEGO CITIZENS EMERGENCY RESPONSE TEAM (CERT) OBJECTIVE / DESCRIPTION The Community Emergency Response Team (CERT) is a group of citizen volunteers who are trained in disaster preparedness for large-scale disaster incidents that may impact their community, such as fire safety, light search and rescue, team organization and disaster medical operations. In addition, the CERT Team would also participate in Community preparedness communications in the form of information booths, websites and public speaking. The Team would also assist our Fire Departments at major fires with relief assistance (managing stations where firefighters take breaks). The CERT Team would also be available for any other tasks that city government would find appropriate. SECTION 1: AUTHORIZED STRENGTH A. The initial authorized strength of the Team will be 15 members, with the goal of maintaining at least 10 members. SECTION 2: SELECTION CRITERIA A. Members will be selected from the community that live or work no longer than 30 minutes from city hall. They need not be residents of Otsego B. Members will be appointed by the City Council after being interviewed, and recommended, by the Public Safety Commission, and will be selected as to their understanding of what CERT is. Only those that have a genuine interest in public service will be selected. Background investigations will be conducted on potential members in accordance with City Code Chapter 2, Section 8. SECTION 3: SEPERATION A. Members will be separated when they fail to maintain training. B. Members may be separated at any time for failure to adhere to acceptable standards of honesty and decency, as determined at the sole discretion of the City and including, but not limited to conviction of any felony or gross misdemeanor, or conviction of a misdemeanor which would reflect poorly on the City or which would impair the member’s ability to serve on the CERT Team, as determined by the City. C. Upon separation members will return all issued equipment to the City. D. The City Council will be responsible for approving the removal of members based upon the recommendation of the City Attorney, the Public Safety Commission, the Emergency Manager or the Team Captain. Agenda Page 27 Mayor and Council Communication – February 21, 2017 Fire Update Page 3 of 3 M:\Public Data\City Council\Council Packet Information\2017\022117\2017-02-21 Fire Update.doc Meeting Date: February 21, 2017 SECTION 4: RECRUITMENT A. Potential new members will be recruited through the city newsletter, website and local media. SECTION 5: TABLE OF ORGANIZATION A. The Emergency Manager, annually appointed by the City of Otsego, will be the director of the Team. B. The Emergency Manager may appoint personnel to oversee operations. C. The Team Captain will be appointed by the Emergency Manager. The Team Captain will conduct meetings and coordinate training. D. The Team Captain will appoint a recording Secretary. The Recording Secretary shall maintain meeting minutes and personnel records, consisting of name, contact information and training records. SECTION 6: ACTIVATION PROCEDURE A. Emergency activation of the Team will be authorized by: the Emergency Manager, the Wright County Sheriff’s Patrol Supervisor, the Albertville Fire Chief, the Elk River Fire Chief, the Rogers Fire Chief, or the Wright County Emergency Manager. B. The initial response area of the CERT Team will be the City of Otsego city limits. If a mutual aid request asking the Team to leave the service area is made, approval will be required by the City Council or the Emergency Manager. INFORMATION DESSEMINATION A. Members are to direct news media inquiries to the spokesperson designated by the City. B. All information that members may become aware of is to be kept strictly confidential. MEETINGS A. Meetings will be initially conducted quarterly, to include training. B. The Team Captain will conduct the meetings using Roberts Rules of Order. C. The meetings will be open to the public. D. Minutes of the meetings will be forwarded to the City Clerk within 5 days. Agenda Page 28