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2009-03-02 CC Packet.10 A,1bcrtvijj!E SamsT uvhnj� ft MY Uto. City of Albertville Council Agenda MARCH 2, 2009 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. Advertised public hearings are scheduled as such so that the public is afforded an opportunity to speak. Citizens wishing to address the Mayor and Council regarding specific agenda items, other than public hearings should indicate so and will be afforded an opportunity during the discussion of said item, Council willing and time permitting. Citizens wishing to speak on matters not listed on the agenda (or items on the agenda that did not include an opportunity to speak) are always afforded the opportunity to do so under the heading "Citizens Addressing the Council", usually scheduled at the beginning and end of the agenda. Presentations are limited to five (5) minutes. In any case, citizens are asked to complete a `Request to Speak Card'. 1. PLEDGE OF ALLEGIANCE 2. CALL TO ORDER — ROLL CALL 3. RECOGNITIONS — PRESENTATIONS — INTRODUCTIONS A. Proclamation — Proclaiming March 8, 2009 to March 14, 2009 as Girl Scout Week (pg. 1) 4. MINUTES A. Approve Tuesday, February 17, 2009 regular City Council minutes (pgs. 3-14) 5. CITIZENS OPEN FORUM — (time reserved 5 minutes) 6. SNOWMOBILE CONCERNS — ISSUES — PROBLEMS 7. AMENDMENTS TO AGENDA 8. 0 CONSENT AGENDA All items with an asterisk () are considered to be routine by the City Staff and will be enacted by one motion. There will be no separate discussion of these items unless a Council member so requests. In such event, the item will be removed from the General Order of Business and considered in its normal sequence on the agenda. Items 9.E.1. Finance — Semi-monthly Payment of Claims (bills) (pgs. 15-20) 9.11.1. Planning — Ordinance Amendment (Variance -Votes) (pgs. 25-27) 9.11.2. Planning — Two Ordinance Amendments (Stormwater) (pgs. 29-47) 9.11. Legal — Set Public Hearing — Albert Villas 6th Assessment (pgs. 49-50) 9.K.1. Administration — Compensation for Board -Commission members (pg. 55) City of Albertville Council Agenda March 2, 2009 Page 2 of 4 9. DEPARTMENT BUSINESS A. Fire Department B. Public Works Department C. Utilities Department (WWTP) D. Building Department E. Finance Department 1). 0 Authorize the Monday, March 2, 2009 Payment of Claims (bills) for check numbers 026750 to 026777 as presented except the bills specifically pulled, which are passed by separate motion (pgs. 15-20) 2). Accept the Finance Director's Report dated February 19, 2009 (pgs.21-23) F. City Clerk G. City Council 1). Oral Update on the Joint Powers Water Board meeting (John Vetsch and or Ron Klecker) H. Planning and Zoning 1). 0 Approve Ordinance No. 2009-005 entitled an Ordinance amending Section 500.2 (Procedures) of the Albertville Zoning Ordinance (Appendix A) of the 2005 Albertville Municipal City Code relating to the number of Council votes needed to grant a variance as presented, which a final copy will be printed and signed; the signed copy will be scanned; the electronic scanned version will be kept on file in the office of the City Clerk and serve as the official record (pgs. 25-27) 2). Approve Ordinance No. 2009-007 entitled an Ordinance Amending Section 200.2 (Definitions); Section 1000.9 (Drainage Plans); and Section 5000.4 (General Standards) of the Albertville Zoning Ordinance (Appendix A) of the 2005 Albertville Municipal City Code Relating to Stormwater Regulations as presented, which a final copy will be printed and signed; the signed copy will be scanned; the electronic scanned version will be kept on file in the office of the City Clerk and serve as the official record; AND Approve Ordinance No. 2009- 009 entitled Ordinance Amending Section 11-1-3 (Definitions); Section 11-6-2 (Preliminary Plat); Section 11-7-5 (Lots); Section 11-7-10 (Drainage System); Section 11-7-12 (Erosion and Sediment Control); Section 11-8-6 (Drainage); and Section 11-9-1 (Improvements Required) of the Albertville Subdivision Regulations (Title 11) of the 2005 Albertville Municipal City Code Relating to Stormwater Regulations as presented, which a final copy will be printed and signed; the signed copy will be scanned; the electronic scanned version will be kept on file in the office of the City Clerk and serve as the official record (pgs. 29-47) M:\Public Data\City Council\Council Packet information\2009\03-02-09\03 02 2009 1-A Agenda.doc Meeting Date: March 2, 2009 City of Albertville Council Agenda March 2, 2009 Page 3 of 4 3). City Planner's Oral Update (pgs. I. Engineering J. Legal 1). 0 Set Monday, April 6, 2009 at 7:00 p.m. or soon thereafter to hold an Assessment Hearing to consider Special Assessments in the amount of approximately $45,000 against the undeveloped lots in Albert Villas 61h Addition for the cost of completing punch list items that will be held at the Albertville City Hall, 5959 Main Avenue NE, Albertville, Minnesota (pgs. 49-50) 2). Approve Ordinance No. 2009-008 entitled an Ordinance Requiring Correction of Fire Code Violations Prior to Issuance of a Liquor License as presented, which a final copy will be printed and signed; the signed copy will be scanned; the electronic scanned version will be kept on file in the office of the City Clerk and serve as the official record (pgs. 51-53) K. Administration 1). 0 Direct staff to establish a uniform compensation for all standing boards - commissions - committees on a base rate per meeting attended effective immediately (pgs. 2). Accept the City Administrator's Written Report dated February 26, 2009 (pg. 56) 10. CITIZENS OPEN FORUM - (continued if necessary) 11. ANNOUNCEMENTS and or UPCOMING MEETINGS March 2009 8 2:00 a.m. Daylight Savings Begins (Sunday) 9 6:00 p.m. STMA Ice Arena Board meeting 10 7:00 p.m. Planning and Zoning Commission meeting 16 7:00 p.m. City Council meeting 23 6:00 p.m. Joint Powers Water Board meeting 30 7:00 p.m. Cities of Albertville & St. Michael and STMA School Board Joint Workshop (STMA School Board Room) April 2009 E 5:30 p.m. 2009 Local Board of Appeals and Adjustments 7:00 p.m. 13 6:00 p.m. 13 7:00 p.m. 14 7:00 p.m. 20 7:00 p.m. 27 6:00 p.m. 27 7:00 p.m. City Council meeting STMA Ice Arena Board meeting Family -Youth Community Cooperative (FYCC) Planning and Zoning Commission meeting City Council meeting Joint Powers Water Board meeting Committee of the Whole Workshop (tentative) M:\Public Data\City Council\Council Packet information\2009\03-02-09\03 02 2009 1-A Agenda.doc Meeting Date: March 2, 2009 City of Albertville Council Agenda March 2, 2009 May 2009 4 7:00 p.m. City Council meeting 11 6:00 p.m. STMA Ice Arena Board meeting 12 7:00 p.m. Planning and Zoning Commission meeting 16 7:00 a.m. Annual jt. Spring Cleanup Day 18 7:00 p.m. City Council meeting 25 all day Memorial Day observed — City Offices closed 26 6:00 p.m. Joint Powers Water Board meeting 12. COUNCIL WORKSHOP Page 4 of 4 A. Discuss Ordinance No. 2009-006 OPTION TWO entitled an Ordinance amending Section 1000.4 (Accessory Buildings, Uses and Equipment) and Section 200.2 (Definitions) of the Albertville Zoning Ordinance (Appendix A) of the 2005 Albertville Municipal City Code relating to accessory building regulations as presented, which a final copy will be printed and signed; the signed copy will be scanned; the electronic scanned version will be kept on file in the office of the City Clerk and serve as the official record (pgs. 57-68) B. Discussion of Vacant Property Registration within Albertville — Bldg Official C. Discussion and update on Municipal State Aid (MSA) — Engineer 13. ADJOURNMENT M:\Public Data\City Council\Council Packet information\2009\03-02-09\03 02 2009 1-A Agenda.doc Meeting Date: March 2, 2009 .0 jV ION WHEREAS, on March 12, 1912, Juliette Gordon Low gathered 18 girls to register and organize the first troop of American Girl Guides that was later renamed Girl Scouts and was chartered by the US Congress on March 16, 1950; and WHEREAS, in developing the Girl Scout movement in the United States, Juliette brought girls of all backgrounds into the out-of-doors, giving them the opportunity to develop self- reliance and resourcefulness; and WHEREAS, in the 96 years since Juliette Low gathered. the original 18 girls and began the American Girl Scouts, Girl Scouting has grown to 3.7 million members with 2.7 million girl members and 928,00o adult members working primarily as volunteers; and WHEREAS, Girl Scouts is the largest educational organization for girls in the world and has influenced the more than 50 million girls, women and men who have belonged to it; and. WHEREAS, through the years, Girl Scouting has sho«-n remarkable resilience in meeting the changing needs of girls awhile remaining faithful to our founder's vision of a safe and supportive environment in which girls can learn and have fun in an informal setting and. develop the courage, confidence, and character to become leaders today as well as tomorrow; and WHEREAS, through its membership in the World Association of Girl Guides and Girl Scouts (WAGGGS), Girl Scouts of the USA is part of a worldwide family of 10 million girls and adults in 145 countries; and WHEREAS, Girl Scouts in the Albertville -St. Michael area have provided. many services to the community including coat drive, food shelf/crisis shelter donations, school volunteers, and special event helpers; and WHEREAS, Girl Scouting is viewed as valuable program that builds girls of courage, confidence, and character, who make the world a better place in the City of Albertville as well as nationally and around. the world. NOW THEREFORE, I, Mayor Ron Klecker, on behalf of the Albertville City Council and citizens do proclaim the week of March 8 — 14, 20og as GIRL SCOUT WEEK in Albertville, Minnesota. Ron Klecker, Mayor Bridget Miller, City Clerk 1 bcrtvi)l �le Mayor and Council Communication S-M'r�U.Lmj.ftowur. February 19, 2009 SUBJECT: CITY COUNCIL MINUTES RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion to approve the Tuesday, February 17, 2009 regular City Council minutes as presented, which a final copy will be printed and signed; the signed copy will be scanned; the electronic scanned version will be kept on file in the office of the City Clerk and serve as the official record. BACKGROUND: Council has an individual attend the regular City Council meetings who serves as the Recording Secretary to take minutes documenting any action taken or motions made during the meeting. Following the meeting, the Recording Secretary prepares a typed form of the motions made during the meeting and presents them for Council to review and amend as necessary. KEY ISSUES: • Approve the minutes that have been prepared by the Recording Secretary as presented in the Council packet. POLICY/PRACTICES CONSIDERATIONS: It is at the discretion of the Mayor and Council whether the City Council minutes that have been prepared and submitted should be amended. FINANCIAL CONSIDERATIONS: There are no financial considerations as it relates to approval of the City Council minutes. LEGAL ISSUES: In accordance with Council practices, the Mayor, Council, and staff members have the ability to amend minutes, which requires a consensus of the City Council. Respectfully submitted, <�L Larry R. se City Administrator Department/Responsible Person: Administration/Bridget Miller, City Clerk Attachments: February 17, 2009 regular Council minutes M:\Public Data\Requests for Council Actions (RCA)\2009\03 02 2009 4-A City Council minutes.doc Agenda Item No. 4. Meeting Date March 2, 2009 Nbertville -raum ALBERTVILLE CITY COUNCIL FEBRUARY 17, 2009 (Tuesday) MINUTES ALBERTVILLE CITY HALL PLEDGE OF ALLEGIANCE — CALL TO ORDER Mayor Klecker called the Albertville City Council Pledge of Allegiance. ROLL CALL PRESENT: Mayor Ron Klecker, Count John Vetsch, City Attorney Mike Couri, Administrator Larry Kruse, Finance Dire ABSENT: none OGNITIONS 74RES There were no recognitions 7:00 PM at 7:00 p Jn followed by the Tom Fay, Dan Wagner, Larry Sorensen, and ity Engineer'Adam Nafstad, City Wines,,, and City; Clerk Bridget Miller. to be made during the meeting. is anyone in the audience that wanted to discuss an item with the the agenda. There was no one present that had any concerns or ,gular agenda. Mayor Klecker added an item under City Council to discuss the meeting held earlier today with the Guardian Angels. Klecker opened it up to the Council and staff inquiring if they have any amendments to the agenda. City Attorney Couri wanted item 8.J.2. Approve AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT, TOWNE LAKES 6TRADDITION be removed. Hearing no other comments Klecker asked for a motion to approve the agenda as amended. M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 02-17-09 B-drafts.doc Agenda Item NA.A. Meeting Date March 2, 2009 El City of Albertville City Council Minutes February 17, 2009 Page 2 of 11 MOTION BY Council member Fay, seconded by Council member Sorensen to approve the Tuesday, February 17, 2009 regular Albertville City Council agenda as amended. Motion carried unanimously. MINUTES February 2, 2009 regular City Council minutes Mayor Klecker looked to the Council to see if there were any regular City Council minutes. Hearing no comments to amen regular City Council minutes, Klecker entertained a motion X in the Council packet. MOTION BY Council member Wagner, seconded by,Coun Monday, February 2, 2009 regular City Council minutes*I signed; then the signed copy will be scanned and the electrQ file in the office of the City Clerk that wild serve as the offici unanimously. CONSENT AGENDA CONSENT AGED All items with an asteri enacted by one motion member or clitj - "40e of Busine..s and fisidi. raised the & any of the i s from the F concern with 1t 8.E.1. A for check number426679 passed by separate rl�s� q..,, the February 2, 2009 ay..., February 2, 2009 e inutes as submitted !ember Fay to apprve the exited, which will -be printed and scanned version will be kept on Motion carried R) are &onsidered to be routine in nature by the City Staff and will be w� 6 rto separate djiscussion of these items unless a Council ;ts * Ire such event, -the, tem will be removed from the General Order in rt ` Z'rmal sequence on the agenda. �ment ether the Council members or staff wanted to pull brary 17 2009 Consent Agenda. Council member Fay had a ithcirize the Tuesday, February 17, 2009 Payment of Claims (bills) to 26737 as presented except the bills specifically pulled, which are Klecker acknowledged`fhat item 8.E.1. will be pulled from the Consent Agenda and again wanted to know if there were any other items. Hearing no comments the following motion was made. MOTION BY Council member Sorensen, seconded by Council member Wagner to approve the Tuesday, February 17, 2009 Consent Agenda pulling 8.E.1. Authorize the Tuesday, February 17, 2009 Payment of Claims (bills) for check numbers 026679 to 026737 as presented except the bills specifically pulled, which are passed by separate motion, which the items will be removed M:\Public Data\City Council\Council Minutes\2009 Minutes\DraRs\M 02-17-09 B-drafts.doc Agenda Item NA.A. Meeting Date March 2, 2009 5 City of Albertville City Council Minutes February 17, 2009 Page 3 of 11 from the General Order of Business and considered in its normal sequence on the agenda and will require a separate motion. Motion carried unanimously. DEPARTMENT BUSINESS FIRE DEPARTMENT — no comments ;ept the ich was d in its iimously. 026679 e motion 191.42. vehicle it low - the MOTION BY Council member Fay, seconded by Mayor Klecker to authorize the Tuesday, February 17, 2009 Payment of Claims (bills) for check numbers 026679 to 026737 as presented except the bills specifically pulled, which are passed by separate motion; except the bills specifically pulled, which if pulled from the Consent Agenda will require a separate discussion from the Consent Agenda. The checks will be signed by the authorized personnel and scanned M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 02-17-09 B-drafts.doc Agenda Item NA.A. Meeting Date March 2, 2009 0 City of Albertville City Council Minutes February 17, 2009 Page 4 of 11 with supporting documents; the electronically scanned version will be kept on file in the office of the Finance Director that will serve as the City's official record. Motion carried unanimously. CITY CLERK Approve a One -Day 3.2% Malt Liquor License applications submitted by Mark Gardener, President of the St. Michael Lions for a Community Dinner Fund Raisilo be held at St. Albert Parish Center on Tuesday, March 3 from 5: 00 p. m. to 9: 00 p. m. ; z MOTION BY Council member Sorensen, seconded by Councafmember, Wagner to approve a One -Day 3.2% Malt Liquor License applications submitted b ,Mark Gardener, President of the St. Michael Lions for a Community Dinner Fund Raiser to �h�ld at St. Alert Parish Center on Tuesday, March 3 from 5:00 p.m. to 9:00 p.m. that was bn the Consent Agenda which was not pulled requiring it to be removed from the General Order of Business and considered in its normal sequence on the agenda and will require a separate motloz{. Motion carried nanimously, Monday, March 30, 2009 has been set f©r a joint workshop wit#,tie Cities of Albertville and St. Michael and the STMA School Board gocataort to be determined) let staff know of any agenda topics to be discussed (previous topics discussed ;Ruction to STMA �ffigh School Tour, Hockey Debt, Road Updates, Hockey Arena Feasabalzty Study, ST School District Wards, Bicycles on Walking Paths, and Closing with Albertville on Laid for Pond) �g a, . City Clerk Miller brought to the 0uncil's attention that the next joint workshop with the Cities of Albertville — St. Michael and thi TMA Scho"oard is Monday, March 30, 2009. Miller wanted to open the discuandthoughts of the Council as to what items they may want to see on the Aeenda_., � .,:,.,_ Counc; Member Vetsch wted tip dzcuss„the property where the new STMA High School is located 9 V;etsch was curt to rese the potential of Albertville having the opportunity to maybe d i e of sludge frdw the wastewater treatment plant. Council memb C 4gner war d to bring up the topic of the new Library, which was due to an article in the Cror N ws noting that St. Michael was obtaining a Grant. Wagner was still interested in finding hdv many Albertville residents have a Library card and or use the Library. Another topic Wagner would like to bring up was the continued discussion on the STMA Ice Arena. City Clerk Miller noted the topics and would pass them on to the STMA School Board to be placed on the upcoming agenda. M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 02-17-09 B-drafts.doc Agenda Item NA.A. Meeting Date March 2, 2009 City of Albertville City Council Minutes February 17, 2009 Page 5ofII CITY COUNCIL Oral Update on the STMA Ice Arena Board meeting (Tom Fay and/or Dan Wagner) Council member Wagner commented that there was a recent event at the STMA Ice Arena, which caused concern with emergency situations and maximum capacity load. The hockey arena was packed that brought up the question as to what the current capacity bevel of the building was. The Albertville Fire Chief Mills was contacted to research what the pilpdcity load of the facility was to ensure the safety of the public attending these events. It was,Wagner's understanding that Fire Chief Mills was working on capacity signage for the Wagner then added that the parking concern appears to be rQrkng better The pedestrian signage that was installed is also working. Sorensen commented that the parked vehicles close tQ the intersection of 60th StreetNE & Lachman Ave. NE makes it difficult to travel to or from You can't see if there is oncoming cars or such.��, Nafstad reiterated that staff has reviewed the perking and potential traffic flow. The corridor is currently dark, but with the future development of L aBeaux Station additional lighting will help illuminate the corridor or streets. Mayor Klecker informed the Council that he attended the same event that Wagner did and confirmed that the building was parked. Two weeks later, Klecker attended another event where it was the same situalionL Klecker did it was standing room only, which made it difficult at times to move around. Iheker w;s pleased to see }t is being well utilized. Council anc t ff ,lr a sed the c.0% scenarios associated with the expansion. It was noted that another nancial Advise" ttended the, STMA Ice Arena meeting that were trying to calculate out hOW t ,fund the proje* t sl'Albertvitfegaff reminded the Board that there is a Financial Advisor + d to assist with"the. proce to ensure that the entire financial package is in place. �0"1 Oral Update on tze ? anning<:and Zoning Commission meeting (Dan Wagner) Council member Wag4bTfreported that the Planning and Zoning Commission members reviewed the Accessory Buildings at the February 10, 2009. Wagner stated that staff would be preparing a couple of options for the Council to approve. It was the Commission's concern to allow for the extra buildings to store the junk, instead of leaving it scattered throughout the yard. Council should see this amendment regarding Accessory Buildings at the next meeting. M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 02-17-09 B-drafts.doc Agenda Item NA.A. Meeting Date March 2, 2009 N. City of Albertville City Council Minutes February 17, 2009 Page 6 of 11 Wagner noted there was discussion on ordinance amendments to clean up the City Code, which will better reflect the Mn State Statutes. One dealt with the Stormwater regulations. These will also be presented to Council at the next regular meeting. Oral Update on the Guardian Angels meeting (Ron Klecker and/or Finance Director Lannes) Mayor Klecker informed the Council that Guardian Angels met with staff, today regarding the current status of where the development is at. There were some misunderstandings between the Guardian Angels and the land owners, which are basically being re�oJved. Guardian Angels reported that they are committed to Albertville, but due to the eponornlc times that is holding them back. Guardian Angels members have looked at various sites throhout Albertville. Klecker reported the Guardian Angels are looking at scab back on the land costs and not on the site and building of the development. City Attorney Couri added that the cost was the biggest possible TIF. Couri informed the Council that the Leuer question to the Council was "How active or involved doe development?" Couri was hesitant in haying the City get Following the discussion and conversation; assist as much as a City can help the Guardi PLANNING AND ZONING;'- no comments e was discussion of a the favorable site. Couri's want to be with the ved in the land transaction. of the Co*il was they would like to Accept tl Assistant City tganeer''rogress Report dated February 3, 2009 Assistantt,tty Engineer Na'MA"d reported that Albertville Marketplace has recently submitted an application fd e Convenien Store/Gas Station. Council shall see the application come through in the � `couple oflonths. As far as Emma Krumbees Restaurant, they are still anticipating opens ring, , 09. Nafstad brought up the�lunicipal State Aid (MSA) for the streets. Nafstad noted that staff is reviewing the streets thought Albertville, which includes 60th Street NE. Staff noted that street scopes could be discussed at a future workshop. M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 02-17-09 B-drafts.doc Agenda Item NA.A. Meeting Date March 2, 2009 City of Albertville City Council Minutes February 17, 2009 Page 7 of 11 LEGAL Approve City of Albertville Ordinance No. 2009-004 entitled an Ordinance Amending Section 5- 3-3 of the 2005 Albertville Municipal City Code Regarding Removal of Weeds by City, which a final copy will be printed and signed; the signed copy will be scanned; the electronic scanned version will be kept on file in the office of the City Clerk and serve as the official record City Attorney Couri noted that staff is bringing the City Code up -to -daft ,with current practices. According to the Code, staff may receive a call informing the city that the eighbors grass is rather long. The City would send out a notice to the property owner encouraging them to mow the grass. Currently, the City would send only one notice versus `send i g numerous one throughout the year. Amending the City Code would allow staff to send ` notice for the entire lawn maintenance season. Couri pointed out that with the horeclosure, the bank owners would much rather pay the City to have them move versus there contracting with a--`—dor to complete the task. Mayor Klecker asked the Council is they had any queE Ordinance No. 2009-004. Upon hearing no additional approve Ordinance No. 2009-004. MOTION BY Council member Wagner, Albertville Ordinance No. 2009-004 ent Albertville Municipal City Code Regarding R be printed and signed; the�fgng: dopy will be kept on file in the office of the Cif Clerk and unanimously. ITEM W AGREED NO AC Accept City TowNEL,4Xs 6TH TAKEN of W is the with the , Klecker asked for a motion to nber Sorensen to City of Brig Section 5-3-3 of the 2005 City, which a final copy will do scanned version will be as the official record. Motion carried To PLANNED UNIT DEVELOPMENT Report dated February 2, 2009 City Attorney Couri bA ght up the Hoey billboard sign that is located on the Knechtl property. The City had been assisting with the relocation of the sign, which has interestingly taken a turn. There does not appear to be anything documented that the City must assist with the relocation of the sign; however, the lease has expired. According to the State Statutes, the interpretation reads `if the City acquires land with a sign, the City needs to assist with relocation. Couri concluded with the fact that staff continues to work on the relocation of the billboard sign. M:\Public Data\City Council\Council Minutes\2009 Minutes0rafts\M 02-17-09 B-drafts.doc Agenda Item NA.A. Meeting Date March 2, 2009 10 City of Albertville City Council Minutes February 17, 2009 Page 8ofII ADMINISTRATION Forgive CJ's Laundry (M & JProperties, LLC property owner) utility bill by $2, 748.58 for Albertville's portion of the water bill and $11,993.93 for Albertville's sewer bill for a total of $14, 742.51 resulting from a meter reading error in the City's billing system dating back to discussion held in 2007 City Administrator Kruse brought Council member Sorensen up-to-dateon the CJ's Laundry outstanding utility bill, which was an error in calculating the bill. It has been ongoing for a number of years. The City recently installed a radio read unit, whi kxeflected or corrected the water usage. The City temporarily put off taking additional action on the situation. Council member Wagner is willing to forgive CJ's Laundry for the outstanding utility bill and move on. Council member Fay stated he could go eithef' way, but would lean towards forgiving the bill so the City can move on. Sorensen being new,,and not knowing more details ofthe background would be willing to forgive the bill. Vetsch was nod,yeady to forgive, he would like additional ne otiations to retrieve some of the outstandm fund: Mayor or Klecker'a reed with g g y g Vetsch, but would possibly consider forgiving the bill. After hearing from each member of the MOTION BY Council member Wagner, Laundry (M & J Properl portion of the water bill resulting from a meter,, 2007. Mayor Klecker 4 Vetsch voted nay. Moti Direct stto disconti publish a monthly ne who rm' to be on an City Admini discontinuing bul° the newsletter via property owner),; 13.93 for Albert bf n the City's ,l �>riber Sorensen, following motion was made: Council member Sorensen to forgive CJ's y bill; by $2,748.58 for Albertville's 's sewer bill for a total of $14,742.51 g system dating back to discussion held in xner, and Fay voted aye. Council member �r%raxn and mailing of the newsletter and to instead go to on MK06s web -site and electronic dispersion (email) to those r ented that because of economic times staff is recommending lccl mailing of the City Newsletter. Instead the city would publish web -site. Mayor Klecker informed the Council that during his campaigning last October there were a number of residents that said they read his Bio in the City's Newsletter. Klecker was in favor of cutting back on the number of issues. Other Council members agreed with Klecker and that the City's Newsletter was a useful tool for the City to get information out to the residents. Cutting back to a quarterly newsletter and do supplemental issues via the Website. M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 02-17-09 B-drafts.doc Agenda Item NA.A. Meeting Date March 2, 2009 11 City of Albertville City Council Minutes February 17, 2009 Page 9 of 11 MOTION BY Council member Sorensen, seconded by Council member Fay to direct staff to print and mail a quarterly newsletter and publish supplemental newsletters on the City's web - site. Motion carried unanimously. Accept the City Administrator's Written Report dated February 12, 2009 City Administrator Kruse asked the Council if they had any q written report. Council accepted the City Administrator's Written Report CITIZENS OPEN FORUM — no comments MIN Mayor Klecker asked the Council to review thupcoming me Council came to the consensus to re -schedule the Fbuary 23 the regular City Council meeting. ANNOUNCEMENTS an", UPCOMING MEETINGS with his February 12, 2009. calendar of events. to March 2 following February 29 16 all days Presidents' Day ob ed — City Offices closed 17 7 00 p m City Cou> m eting (TUESDAY) ,l►nt Powers water Board meeting 23 7.0i%p Cogiittee of the Whole Workshop (tentative) ch 2009? 7:00 p.m. City Council meeting :00 a.m. aylight Savings Begins (Sunday) 9 t0 p m ` STMA Ice Arena Board meeting 10 7 �t ` Planning and Zoning Commission meeting 16 7:00```n. City Council meeting 23 6:0Wp.m. Joint Powers Water Board meeting 30 7:00 p.m. Cities of Albertville & St. Michael and STMA School Board Joint Workshop (tentative) M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 02-17-09 B-drafts.doc Agenda Item NA.A. Meeting Date March 2, 2009 12 City of Albertville City Council Minutes February 17, 2009 Page 10 of 11 April 2009 6 5:30 p.m. 6 7:00 p.m. 13 6:00 p.m. 13 7:00 p.m. 14 7:00 p.m. 20 7:00 p.m. 27 6:00 p.m. 27 7:00 p.m. May 2009 4 7:00 p.m. 11 6:00 p.m. 12 7:00 p.m. 1.6 7:00 a.m. 18 7:00 p.m. 25 all day 26 6:00 p.m. 26 7:00 p.m. 2009 Local Board of Appeals and Adjustments City Council meeting STMA Ice Arena Board meeting Family -Youth Community Cooperative (FYCC) Planning and Zoning Commission meeting City Council meeting Joint Powers Water Board meeting Committee of the Whole Workshop:(ttative) City Council meeting STMA Ice Arena Board rice Planning and Zoning Comm Annual jt. Spring Cleanup D City Council meeting Memorial Day obser�ec C Joint Powers Water Boars Commiftee..of the Whole WoI, ion filces closed ng (TUESDAY) lop (tentative) MOTION BY Counciltber W,aner, seconded by Council member Vetsch to close the regular die regular City il meetgo into a Closed Session to discuss the Hennen Constructlb Co. vs. Contra Property Developers Company, a Minnesota corporation; Alliance Baia corporation, 1d City of Albertville, a Minnesota municipal corporation litigation. Mot`i� ,j-arried unanimously. Al RECONVENE THE REGULAR CITY COUNCIL MEETING AND TAKE ANY ACTION ON CLOSED MEETG IF NECESSARY MOTION BY Council member Vetsch, seconded by Council member Fay to reconvene the regular the regular City Council meeting. Motion carried unanimously. No additional action was necessary. M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 02-17-09 B-drafts.doc Agenda Item NA..f-i . Meeting Date March 2, 2009 13 City of Albertville City Council Minutes February 17, 2009 Page 11 of 11 ADJOURNMENT MOTION BY Council member Fay, seconded by Council member Sorensen to adjourn the Tuesday, February 17, 2009 regular City Council meeting at 9:11 p.m. Motion carried unanimously. Bridget Miller, City Cler64dt,3ag M:\Public Data\City Council\Council Minutes\2009 Minutes\Drafts\M 02-17-09 B-drafts.doc secretary) Agenda Item NA.A. Meeting Date March 2, 2009 14 NIbertville Mayor and Council Communication Smd 7ovrer Lk*.Q. ft ON Life. February 24, 2009 SUBJECT: 0 FINANCE DEPARTMENT — PAYMENT OF BILLS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion authorizing the Monday, March 2, 2009 payment of the claims that includes check numbers 026750 to 026777 as presented except the bills specifically pulled, which are passed by separate motion. BACKGROUND: The City process's claims on a semi-monthly basis. The bills are approved through their respective departments and administration and passed onto the City Council for final approval. KEY ISSUES: Check No. 026769 Premier Rinks, Inc. — Premier Rinks was audited by the State of Minnesota Sales Tax Division and it was found that they did not charge sales tax on our purchases in which we are required to pay. This pays the sales tax on the park equipment we purchased from Premier Rinks, Inc. PRACTICES/POLICY CONSIDERATIONS: It is the City's policy to review and approve payables on a semi-monthly basis. FINANCIAL CONSIDERATIONS: City staff has reviewed and verified the invoices 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 disputes the billing. Respectfully submitted, Larry R. se City Administrator Department/Responsible Person: Finance/Tina Lannes, Finance Director Attachments: Check Register Detail M:\Public Data\Requests for Council Actions (RCA)\2009\03 02 2009 8-E Finance Bills Report (RCA).doc Agenda Item No. 7. E.1. Meeting Date March 2, 2009 10100 Premier Bank Paid Chk# 026750 3/2/2009 AFLAC G 101-21710 Other Deducations Albertvillc Small Town living. 019 City Ufa. Check Detail Register March 2, 2009 Total AFLAC Paid Chk# 026751 3/2/2009 ALLEY COMPANIES INC E 101-42000-200 Office Supplies (GENERAL) Total ALLEY COMPANIES INC Check Amt Invoice Comment $16.16 745990 AFLAC Insurance Prem $16.16 $120.35 5862 FD roll towels $120.35 Paid Chk# ,026752 3/2/2009 BCA E 101-41940-361 General Liability Ins $4.00 Background Check Phil Morris Total BCA $4.00 Paid Chk# 026753 3/2/2009 CARQUEST E 101-42000-404 Repair/Maint - Machinery/Equip $67.73 72178 FD oil E 101-43100-404 Repair/Maint - Machinery/Equip $32.72 72227 PW oil seal E 101-43100-215 Shop Supplies $9.37 72516 PW shop E 101-43100-404 Repair/Maint - Machinery/Equip $16.31 72536 fuel line hose- PW E 101-43100-404 Repair/Maint - Machinery/Equip $7.43 72550 PW oil filter Total CARQUEST $133.56 Paid Chk# 026754 3/2/2009 DHL EXPRESS INC E 101-41400-322 Postage $24.59 2330311 Pegboard systems Total DHL EXPRESS INC $24.59 Paid Chk# 026755 3/2/2009 DOCUMENT DESTRUCTION SERVICE E 101-41400-300 Professional Srvs (GENERAL) $30.00 134734 Document destruction Total DOCUMENT DESTRUCTION SERVICE $30.00 Paid Chk# 026756 3/2/2009 EGGEN'S DIRECT SERVICE, INC. E 101-45100-212 Motor Fuels $9.99 143749 Fuel E 601-49450-212 Motor Fuels $37.50 143755 Fuel E 101-43100-212 Motor Fuels $46.81 143767 fuel E 101-43100-212 Motor Fuels $20.01 143892 fuel E 601-49450-212 Motor Fuels $50.00 143898 Fuel E 601-49450-212 Motor Fuels $35.79 143899 Fuel E 101-43100-212 Motor Fuels $73.78 143911 fuel E 101-43100-212 Motor Fuels $74.00 143912 fuel E 101-43100-212 Motor Fuels $92.90 143913' fuel E 601-49450-212 Motor Fuels $32.45 143915 Fuel E 101-43100-212 Motor Fuels $22.90 143932 Fuel E 101-43100-212 Motor Fuels $19.00 143934 fuel E 602-49400-212 Motor Fuels $47.00 143937 Fuel E 101-43100-212 Motor Fuels $20.00 143949 fuel E 101-43100-212 Motor Fuels $29.75 143978 fuel Total EGGEN'S DIRECT SERVICE, INC. $611.88 Paid Chk# 026757 3/2/2009 ELECTRIC PUMP, INC. E 601-49450-404 Repair/Maint -Mach i nery/Equ ip $182.90 38094 WWTP Relay start Total ELECTRIC PUMP, INC. $182.90 M:\Public Data\City Council\Council Packet information\2009\03-02-09\03 02 2009 8-E-1 Payment Posted Batch.doc Agenda Item No. 9.E.1.. Meeting Date March 2, 2009 17 Mayor and Council. Communication — February 25, 2009 Finance — Payment of Claims Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 026758 3/2/2009 EMBARQ - TX 2 E 101-42000-321 Telephone $38.86 4971340 E 101-42000-321 Telephone $73.38 497-7474 Total EMBARQ - TX 2 $112.24 Paid Chk# 026759 3/2/2009 GOPHER STATE ONE -CALL E 602-49400-209 Locates $93.57 9010279 Locates - Water Dept E 601-49450-209 Locates $93.58 9010279 Locates - Sewer Dept Total GOPHER STATE ONE -CALL $187,15 Paid Chk# 026760 3/2/2009 MINNESOTA COPY SYSTEMS E 101-41400-413 Office Equipment Rental $115.90 24788 Copier Maintenance Agreement E 101-41400-413 Office Equipment Rental $23.53 24789 Copier Maintenance Agreement Total MINNESOTA COPY SYSTEMS $139.43 Paid Chk# 026761 3/2/2009 MINNESOTA DEPT OF LABOR & INDU E 101-42400-208 Training and Instruction $50.00 JS Energy Code Seminar Total MINNESOTA DEPT OF LABOR & INDU $50.00 Paid Chk# 026762 3/2/2009 MN DEPT. OF TRADE/ECON. DEV. E 203-00000-310 Other Professional Services $594.04 031509 Fraser loan pymt Total MN DEPT. OF TRADE/ECON. DEV. $594.04 Paid Chk# 026763 3/2/2009 MN FIRE SER. CERT. BD E 101-42000-208 Training and Instruction $100.00 FD Recertification (5) Total MN FIRE SER. CERT. BD $100.00 Paid Chk# 026764 3/2/2009 NORTHERN TOOL & EQUIPMENT E 601-49450-210 Operating Supplies (GENERAL) $24.99 191280681 Rubber dolly E 101-43100-215 Shop Supplies $166.32 191280681 pliers, tail light Total NORTHERN TOOL & EQUIPMENT $191.31 Paid Chk# 026765 3/2/2009 NORTHLAND FIRE & SECURITY E 101-41940-405 Repair/Maint - Buildings $255.60 75826 Total NORTHLAND FIRE & SECURITY $255.60 Paid Chk# 026766 3/2/2009 ON SITE SANITATION INC E 101-45100-415 Other Equipment Rentals $63.90 356528 Total ON SITE SANITATION INC $63.90 Paid Chk# 026767 3/2/2009 PITNEY BOWES - POSTAGE E 101-41400-322 Postage $518.99 Total PITNEY BOWES - POSTAGE $518.99 Paid Chk# 026768 3/2/2009 PRECISION AUTO REPAIR E 101-42000-404 Repair/Maint-Mach inerylEquip $41.70 225220 Total PRECISION AUTO REPAIR $41.70 Paid Chk# 026769 3/2/2009 PREMIER RNKS, INC E 101-45100-588 C/O -Park Mach/Equip $280.86 1312 E 101-45100-588 C/O -Park Mach/Equip $72.89 1313 E 101-45100-588 C/O -Park Mach/Equip $65.42 1314 E 101-45100-588 C/O -Park Mach/Equip $71.45 1315 Total PREMIER RNKS, INC $490.62 City hall annual alarm testing Rental -Portable Bathrooms Postage Brake -tail - Ladder #1 Sales tax on park equip sales tax on Park equip Sales tax on Park equip Sales tax on park equip M:\Public Data\City Council\Council Packet information\2009\03-02-09\03 02 2009 8-E-1 Payment Posted Batch.doc Page 2 of 4 Agenda Item No. 9.E. I . Meeting Date March 2, 2009 Mayor and Council Communication - February 25, 2009 Finance - Payment of Claims Page 3 of 4 Check Amt Invoice Comment 10100 Premier Bank Paid Chk# 026770 3/2/2009 SENTRY SYSTEMS, INC. E 101-43100-405 Repair/Maint - Buildings $30.11 593780 fire alarm monitoring PW E 101-41100-399 Miscellaneous $1.95 593780 fire alarm monitoring PW E 101-42000-405 Repair/Maint - Buildings $4.21 593780 fire alarm monitoring FD E 101-42000-405 Repair/Maint Buildings $29.23 593780 fire alarm monitoring FD Total SENTRY SYSTEMS, INC. $65.50 Paid Chk# 026771 3/2/2009 TRI STATE PUMP & CONTROL INC E 601-49450-210 Operating Supplies (GENERAL) $171.70 28691 acid proof edges/washer - WWTP Total TRI STATE PUMP & CONTROL INC $171.70 Paid Chk# 026772 3/2/2009 USABLE LIFE E 101-42400-130 Employer Paid Ins (GENERAL) $22.35 Emp Life Ins E 101-41500-131 Employer Paid Health $35.53 Emp Stdis Ins E 101-41500-131 Employer Paid Health $4.95 Emp Life Ins E 101-41300-131 Employer Paid Health $14.10 Emp Life Ins E 601-49450-130 Employer Paid Ins (GENERAL) $9.00 Emp Life Ins E 602-49400-130 Employer Paid Ins (GENERAL) $9.00 Emp Life Ins E 101-42400-130 Employer Paid Ins (GENERAL) $67.96 Emp Stdis Ins E 601-49450-130 Employer Paid Ins (GENERAL) $33.82 Emp Stdis Ins E 101-43100-130 Employer Paid Ins (GENERAL) $49.19 Emp Stdis Ins E 101-41400-131 Employer Paid Health $22.81 Emp Stdis Ins E 602-49400-130 Employer Paid Ins (GENERAL) $33.80 Emp Stdis Ins E 101-45100-130 Employer Paid Ins (GENERAL) $19.55 Emp Stdis Ins E 101-43100-130 Employer Paid Ins (GENERAL) $9.00 Emp Life Ins G 101-21710 Other Deducations $7.50 Emp Life Ins E 101-41400-131 Employer Paid Health $6.60 Emp Life Ins E 101-45100-130 Employer Paid Ins (GENERAL) $5.40 Emp Life Ins E 101-41300-131 Employer Paid Health $54.29 Emp Stdis Ins Total USABLE LIFE $404.85 Paid Chk# 026773 3/2/2009 WATER LABORATORIES INC E 601-49450-218 Testing Expenses $613.00 624 Testing Expense (CBOD-5) Total WATER LABORATORIES INC $613.00 Paid Chk# 026774 3/2/2009 WRIGHT COUNTY FIRE CHIEF ASSOC E 101-42000-433 Dues and Subscriptions $150.00 FD 2009 Membership dues Total WRIGHT COUNTY FIRE CHIEF ASSOC $150.00 Paid Chk# 026775 3/2/2009 WRIGHT COUNTY HIGHWAY DEPT. E 101-43100-221 Ice Removal $2,118.54 7001 Salt Total WRIGHT COUNTY HIGHWAY DEPT. $2,118.54 Paid Chk# 026776 3/2/2009 WRIGHT-HENNEPIN COOPERATIVE E 601-49450-381 Electric Utilities $126.77 Lift Stations E 101-43160-381 Electric Utilities $405.95 Street Lights E 101-45100-381 Electric Utilities $201.28 Park Lights Total WRIGHT-HENNEPIN COOPERATIVE $734.00 M:\Public Data\City Council\Council Packet information\2009\03-02-09\03 02 2009 8-E-1 Payment Posted Batch.doc Agenda Item No. 7.E.1.. Meeting Date March 2, 2009 19 Mayor and Council Communication — February 25, 2009 Finance — Payment of Claims Page 4 of 4 10100 Premier Bank Paid Chk# 026777 3/2/2009 XCEL ENERGY E 601-49450-381 Electric Utilities E 101-43100-381 Electric Utilities E 601-49450-381 Electric Utilities E 101-42000-381 Electric Utilities E 101-45100-381 Electric Utilities E 101-43160-381 Electric Utilities E 101-41940-381 Electric Utilities E 101-45100-381 Electric Utilities E 101-41940-381 Electric Utilities E 101-41940-381 Electric Utilities E 101-45100-381 Electric Utilities E 101-43160-381 Electric Utilities E 601-49450-381 Electric Utilities E 101-43160-381 Electric Utilities E 101-41940-381 Electric Utilities E 101-45100-381 Electric Utilities E 101-43160-381 Electric Utilities E 101-43160-381 Electric Utilities Total XCEL ENERGY 10100 Premier Bank Fund Summary 101 GENERAL FUND 203 REVOLVING LOAN 601 SEWER FUND 602 WATER FUND Check Amt Invoice Comment $48.30 184743926 $362.20 185253168 $37.52 185253168 $381.05 185253168 $380.99 185253168 $229.53 185253168 $133.18 185253168 $104.20 185253168 $94.31 185253168 $36.35 185253168 $9.24 185253168 $32.91 185253168 $4,754.86 185253168 $25.94 259148143 $24.91 259148300 $3.71 259148739 $32.78 259244195 $1,231.45 259319686 $7,923.43 $16, 049.44 10100 Premier Bank $9,019.85 $594.04 $6,252.18 $183.37 $16, 049.44 5900 Cty Rd 18 - unit sewer 11822 63rd unit sewer 11350 57th Picnic Shelter Unit Signals Auto Protect light Skating rink 5964 Main 6002 Main Park Shelter Unit signal Sewer plant/lift station 11830 51 st Street 5998 Labeaux 5799 Lander SM gen Street Lighting M:\Public Data\City Council\Council Packet information\2009\03-02-09\03 02 2009 8-E-1 Payment Posted Batch.doc Agenda Item No. 9. E' . I. . Meeting Date March 2, 2009 20 A.1bertvi ll£ S-N Iowa wk a. ft 43W ► r- Mayor and Council Communication . SUBJECT: FINANCE DEPARTMENT REPORT February 19, 2009 RECOMMENDATION: This space on the agenda is reserved for the City Council to consider the Finance Department Accounts Receivable Report, Capital Projects Report and other Financial Matters. BACKGROUND: Space is reserved on the Council agenda to accommodate the Mayor and Council to review and ask questions about the Monthly Finance Reports. 4TH QUARTER BUDGET TO ACTUAL Fourth (4th) Quarter 2008 un-audited General Fund Summary of Revenues and Expenditures. Both Revenues and expenditures should be at 100%. Revenues are at 94.1% and Expenses are at 82.8%. 2008 Council Update GENERAL FUND 31010 32100 32110 32120 32150 32210 32240 33401 33422 33620 34000 34101 34001 34050 34103 34106 34107 34302 34780 34950 35000 36210 M:\Public Data\City Council\Council Packet information\2009\03-02-09\03 02 2009 Finance Report.doc Agenda Item No. 9.E.2. Meeting Date March 2, 2009 21 General Fund Revenue: 2008 2008 Actual % of Budget 12/31/2008 Budget Current Ad Valorem Taxes 2,144,172 2,101,083 98.0% Business Licenses &Permits 35,000 67,753 193.6% Liquor Licenses 25,000 30,190 120.8% 3.2 Liquor Licenses 150 100 66.7% Sign Permits 2,400 3,075 128.1% Building Permits 300,000 283,391 94.5% Animal Licenses 700 370 52.9% Local Government Aid - - 0.0% Mayor and Council Communication - February 19, 2008 Finance Director - Monthly Report Page 2 of 3 General Fund Expenditures 2008 2008 Actual % of Budget 12/31/2008 Budget 41100 Council 46,344 52,782 113.9% 41300 Administrator 127,960 130,319 101.8% 41400 City Clerk 136,003 127,509 93.8% 41410 Elections 9,000 5,736 63.7% 41500 Financial Administration 113,465 117,007 103.1 % 41550 City Assessor 35,000 31,973 91.4% 41600 Ci orney 35,400 38,359 108.4% 41700 City Engineer 65,000 47,212 72.6% 41800 Economic Development 8,500 11,890 139.9% 41910 Planning & Zoning 34,934 35,392 101.3% 41940 City Hall 116,700 137,745 118.0% 42000 Fire Department 432,753 210,546 48.7% 42110 Police 474,000 474,336 1.00.1% 42400 Building Inspection 417,931 396,103 94.8% 42700 Animal Control 3,500 4,016 114.7% 43100 Public Works- Streets 485,145 489,090 100.8% 43160 Street Lighting 75,000 69,015 92.0% 43200 Recycling 46,500 53,594 115.3% 45000 Culture &Recreation 40,927 39,216 95.8% 45100 Parks & Recreation 192,317 163,132 84.8% Capital Reserves/I-94 400,000 95,406 23.9% Total Expenditures $ 3,296,378 $ 2,730,377 82.8% VARIANCES Revenue: o Business licenses are over 100% due to franchise fee from Charter o County Grants for Recycling run on average a quarter behind, we should receive fourth quarter payment in March 2009 o MSA monies under State Aid. Grants o Building permit revenue down due to different type of permit activity o Charges for service $10,000 is from the bus accident o Other Revenues is over 100% due to refunds, rebates, insurance claim monies and copies for attorneys CSAH 19 o Fine and Forfeits are over 50% due to gas spill I-94 Expenses: o Economic Development - Property Taxes Due o City Council, Administrator, Finance Administration and City Hall are over budget due to increase in insurance costs, and City Hall building_repairs (mainly A/C, Heat and Elevator) N M:\Public Data\City Council\Council Packet information\2009\03-02-09\03 02 2009 Finance Report.doc Agenda Item No. 9.E.2. Meeting Date March 2, 2009 Mayor and Council Communication — February 19, 2008 Finance Director — Monthly Report Page 3 of 3 KEY ISSUES: • Gold Key and Edina Development outstanding bills may not be collectable POLICY CONSIDERATIONS: The Mayor and Council review monthly financial reports. FINANCIAL CONSIDERATIONS: There are no financial considerations at this time. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to review and direct staff to take action regarding all financial matters. Respectfully submitted, !LarryR. se City Administrator Department/Responsible Person: Finance/Tina Lannes, Finance Director Attachments: none M:\Public Data\City Council\Council Packet information\2009\03-02-09\03 02 2009 Finance Report.doc Agenda Item No. 9.E.2. Meeting Date March 2, 2009 A.1bertvi ne Mayor and Council Communication r UAW ft loco ur_ February 16, 2009 SUBJECT: 0 PLANNING - ZONING ORDINANCE AMENDMENT — VARIANCE PROCESSING RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion approve Ordinance Number 2009-005 entitled an Ordinance amending Section 500.2 (Procedures) of the Albertville Zoning Ordinance (Appendix A) of the 2005 Albertville Municipal City Code relating to the number of Council votes needed to grant a variance as presented, which a final copy will be printed and signed; the signed copy will be scanned; the electronic scanned version will be kept on file in the office of the City Clerk and serve as the official record. BACKGROUND: Staff recently discovered that the current language in the Zoning Ordinance is incorrect in regards to the number of Council votes needed to grant a variance request. Currently, the Zoning Ordinance states that a variance (minor or major) shall be granted by a four -fifths (4/5) vote of the council. According to Minnesota Statutes, however, a majority vote of the council is required in order to grant a variance request. The Planninand Zoning Commission held a public hearing and recommended approval at their February l Ot meeting of the Ordinance Amendment that revises the number of Council votes needed to grant a variance from a four -fifths vote to a majority vote. Staff recommends that the Council approve the enclosed Ordinance Amendment. It should be noted that the current language in regards to granting a conditional use permit and a zoning amendment (text or map) is also incorrect; however, this was not discovered until after the public hearing notice was printed. Therefore, the conditional use permit and zoning amendment language shall be brought forth to the next Planning and Zoning Commission meeting. KEY ISSUES: • Current language in the Zoning Ordinance is incorrect in regards to the number of Council votes needed to grant a variance request. • Zoning Ordinance states that a variance (minor or major) shall be granted by a four - fifths (4/5) vote of the council. • According to Minnesota Statutes, a majority vote of the council is required in order to grant a variance request. • Staff recommends that the Council approve the Ordinance Amendment, which revises the number of Council votes needed to grant a variance from a four -fifths vote to a majority vote. M:\Public Data\Requests for Council Actions (RCA)\2009\03 02 2009 Planning RCA (Ordinance Variance Votes).doc Agenda Item No. 9..H. L Meeting Date March 2, 2009 Mayor and Council Communication — February 16, 2009 Planning — Zoning Ordinance Amendment — Variance Processing Page 2 of 2 POLICY CONSIDERATIONS: In accordance with State Law, public notice was published and a public hearing held by the Planning Commission for the amendment to the Zoning Ordinance. They recommended the City Council amend this section of the code. FINANCIAL CONSIDERATIONS: There are no significant financial issues related to these amendments. LEGAL CONSIDERATIONS: In accordance with Council procedures, the Mayor and Council have the authority to amend Ordinances, which requires a majority vote of the City Council and becomes effective upon publication. Respectfully submitted, f C(I Larry R. se City Administrator Department/Responsible Person: Planning/City Planner Alan Brixius Attachments: Ordinance No. 2009-005 M:\Public Data\Requests for Council Actions (RCA)\2009\03 02 2009 Planning RCA (Ordinance Variance Votes).doc Agenda Item No. 9...l..l...d. . Meeting Date March 2, 2009 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO.2009-005 AN ORDINANCE AMENDING SECTION 500.2 (PROCEDURES) OF THE ALBERTVILLE ZONING ORDINANCE (APPENDIX A) OF THE 2005 ALBERTVILLE MUNICIPAL CITY CODE RELATING TO THE NUMBER OF COUNCIL VOTES NEEDED TO GRANT A VARIANCE THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS: SECTION 1. Section 500.2 (PROCEDURES) of Chapter 500 (Administration -Variances), relating to the number of votes needed to grant a variance, is hereby amended as follows: A. Minor Variances: 3. Processing: g. A variance of this ordinance shall be granted by a f fifths ( 4"majority vote of the council. B. Major Variances: 2. Processing: 1. A variance of this ordinance shall be g1qqted by a fur- fifths ("majority vote of the council. THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY FOLLOWING ITS PASSAGE AND PUBLICATION. Approved by the Albertville City Council this 2nd day of March 2009. Ron Klecker, Mayor Bridget Miller, City Clerk M:\Public Data\Ordinances\2009 Ordinances\DRAFTS\O 2009-005 (Variance Votes).doc Agenda Item NoAHJ. Meeting Date March 2, 2009 27 NIbertvillerS-wMayor and Council Communication �sue.., ,�. � aw ur.. February 16, 2009 SUBJECT: 0 PLANNING - ZONING ORDINANCE AMENDMENT AND SUBDIVISION ORDINANCE AMENDMENT — STORMWATER REGULATIONS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motions: Motion approve Ordinance Number 2009-007 entitled an Ordinance Amending Section 200.2 (Definitions); Section 1000.9 (Drainage Plans); and Section 5000.4 (General Standards) of the Albertville Zoning Ordinance (Appendix A) of the 2005 Albertville Municipal City Code Relating to Stormwater Regulations as presented, which a final copy will be printed and signed; the signed copy will be scanned; the electronic scanned version will be kept on file in the office of the City Clerk and serve as the official record. Motion approve Ordinance Number 2009-009 entitled Ordinance Amending Section 11-1-3 (Definitions); Section 11-6-2(Preliminary Plat); Section 11-7-5 (Lots); Section 11-7-10 (Drainage System); Section 11-7-12 (Erosion and Sediment Control); Section 11-8-6 (Drainage); and Section 11-9-1 (Improvements Required) of the Albertville Subdivision Regulations (Title 11) of the 2005 Albertville Municipal City Code Relating to Stormwater Regulations as presented, which a final copy will be printed and signed; the signed copy will be scanned; the electronic scanned version will be kept on file in the office of the City Clerk and serve as the official record. BACKGROUND: In conjunction with the preparation of the City's Stormwater Management Plan, the Assistant City Engineer has reviewed the various ordinances that pertain to stormwater regulations in the 2005 Albertville Municipal City Code. In that review, the Assistant City Engineer has discovered needed revisions to various portions of the City Code, including the Zoning Ordinance and Subdivision Ordinance. Staff has prepared two Ordinances to address the amendments needed — one for the Zoning Ordinance (Appendix A of the City Code) and one for the Subdivision Regulations (Title 11 of the City Code). A public hearing was held by the Planning and Zoning Commission on Tuesday, February 10, 2009 for the zoning amendments. The following items are being addressed in the Zoning Ordinance amendment: • Adding definitions of stormwater-related terms to Section 200.2 (Definitions). • Revising structure elevation requirements in relation to drainage plans in Section 1000.9 (Drainage Plans). M:\Public Data\Requests for Council Actions (RCA)\2009\03 02 2009 Planning RCA (Ordinance Stormwater Regs).doc Agenda Item No. 9.H.2. Meeting Date March 2, 2009 Mayor and Council Communication — February 16, 2009 Planning — Zoning Ord. & Subdivision Ord. Amendments — Stormwater Regs. Page 2 of 3 • Revising structure elevation requirements in relation to lands within and/or abutting a wetland in Section 5000.4 (General Standards). A public hearing is not required for the amendments to the Subdivision Ordinance, but the following items were brought before the Planning and Zoning Commission for their review: • Adding definitions of storm water -related terms to Section 11-1-3 (Definitions). • Adding and revising requirements for a drainage plan and storm water pollution prevention plan in Section 11-6-2 (Preliminary Plat). • Revising structure elevation requirements for lots abutting a water body in Section I1-7-5 (Lots). • Adding requirements for drainage system designs in Section 11-7-10 (Drainage System). • Revising and adding requirements for storm water pollution prevention plans in Section 11-7-12 (Erosion and Sediment Control). • Revising and adding regulations for drainage system installation and construction in Section 11-8-6 (Drainage). • Revising the regulations for drainage facilities and systems in Section 11-9-1 (Improvements Required). The Planning and Zoning Commission recommended approval of the proposed amendments to the City Council. KEY ISSUES: • The City Engineer has reviewed the various ordinances pertaining to storm water regulations in the City Code and has discovered revisions needed to various portions .of the City Code, including the Zoning Ordinance and Subdivision Ordinance. • Staff has prepared two Ordinances to address the amendments needed — one for the Zoning Ordinance (Appendix A of the City Code) and one for the Subdivision Regulations (Title 11 of the City Code). • The Planning and Zoning Commission held a public hearing for the Zoning Ordinance, as necessary. • The Planning and Zoning Commission, along with staff, recommend approval of the proposed amendments to both the Zoning and Subdivision Ordinance. POLICY/PRACTICES CONSIDERATIONS: In accordance with State Law, public notice was published and a public hearing held by the Planning Commission for the amendments to the Zoning Ordinance. They recommended the City Council amend this section of the code. FINANCIAL CONSIDERATIONS: There are no significant financial issues related to these amendments. M:\Public Data\Requests for Council Actions (RCA)\2009\03 02 2009 Planning RCA (Ordinance Stormwater Regs).doc Agenda Item No. 9.H..2. Meeting Date March 2, 2009 Mayor and Council Communication — February 16, 2009 Planning — Zoning Ord. & Subdivision Ord. Amendments — Stormwater Regs. Page 3 of 3 LEGAL CONSIDERATIONS: In accordance with Council procedures, the Mayor and Council have the authority to amend Ordinances, which requires a majority vote of the City Council and becomes effective upon publication. Respectfully submitted, Larry R. se City Administrator Department/Responsible Person: Planning/City Planner Alan Brixius Attachments: Ordinance No. 2009-007 and Ordinance No. 2009-009 M:\Public Data\Requests for Council Actions (RCA)\2009\03 02 2009 Planning RCA (Ordinance Stormwater Regs).doc Agenda Item No. 9.H.2. Meeting Date March 2, 2009 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 2009-007 AN ORDINANCE AMENDING SECTION 11-1-3 (DEFINITIONS); SECTION 11-6-2(PRELIMINARY PLAT); SECTION 11-7-5 (LOTS); SECTION 11-7-10 (DRAINAGE SYSTEM); SECTION 11-7-12 (EROSION AND SEDIMENT CONTROL); SECTION 11-8-6 (DRAINAGE); AND SECTION 11-9-1 (IMPROVEMENTS REQUIRED) OF THE ALBERTVILLE SUBDIVISION REGULATIONS (TITLE 11) OF THE 2005 ALBERTVILLE MUNICIPAL CITY CODE RELATING TO STORM WATER REGULATIONS THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS: SECTION 1. Section 11-1-3 (DEFINITIONS) of Chapter 1 (General Subdivision Provisions), relating to the definitions of storm water management terms, is hereby amended by adding the definitions for the following terms: 1,1-1-3: DEFINITIONS BWSR: EMERGENCY OVERFLOW: FLOODPLAIN: HIGH WATER LEVEL HWL : MINNESOTA POLLUTION CONTROL AGENCY (MPCA): The Minnesota Board of Water and Soil Resources. A water flow path that is designed to safely remove excess water in case a pond or waterbody becomes higher than expected. The area adjacent to a waterbody that is inundated by a 100-year flood_ The highest water level achieved in a water body predicted by the 100-year critical storm event. The state organization responsible for the NPDES/SDS permitting system. NORMAL WATER For a reservoir with a fixed overflow, the NWL is lowest crest level LEVEL (NWL) of that overflow. For a reservoir whose outflow is controlled wholly or pgtA by movable gates, siphons or other means it is the maximum level to which water may rise under normal operating conditions, exclusive of any provision for flood storage. For a closed depression wetland, it is the maximum level to which the water may rise under normal precipitation conditions exclusive of M:\Pubfic Data\Ordinances\2009 Ordinances\DRAFTS\O 2009-007 (Subd Ord Stormwater).doe Agenda Item No. i..H.2. Meeting Date March 2, 2009 33 City of Albertville County of Wright Ordinance No. 2009 -007 Page 2 of 11 any provision for flood storage. NPDES/SDS: National Pollutant Discharge Elimination System/ State Disposal System. This permitting system is managed by the Minnesota Pollution control Agency (MPCA). NURP: The Nationwide Urban Runoff Program developed by the Environmental Protection Agency to treat stormwater runoff from urban development. ORDINARY HIGH The Minnesota DNR jurisdictional boundary of public waters and WATER LEVEL (OHWL wetlands that is depicted by an elevation delineatingthe he highest OR OHW): water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonlypoint where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs and flowage, the ordinary high water level is the operating elevation of the normal summer pool. PERMITTEE: The person or political subdivision in whose name a permit is issued pursuant to this ordinance. PUBLIC WATERS: Waters as defined in Minnesota Statutes section 103G.005 subdivision 15. PUBLIC WATERS Public Waters Wetlands as defined in Minnesota Statutes section WETLAND: 103G.005, subd. 15a. SIMPLIFIED Methodology for assessing water elevations of landlocked basins. HYDROLOGIC YIELD METHOD (SITYM) STORM WATER A joint storm water and erosion and sediment control plan that is a POLLUTION CONTROL document containing the requirements of section 11-7-12 of this title PREVENTION PLAN that, when implemented, will decrease soil erosion on a parcel of S( WPPP): land and off -site nonpoint pollution and sediment damages. BEST MANAGEMENT Erosion and sediment control and water quality management PRACTICES (BMPs): practices that are the most effective and practicable means of controlling, preventing, and minimizing degradation of surface water, including construction phasing, minimizing the length of time soil areas are exposed, prohibitions, and other management practices published by state or designated areawide planning agencies. (Examples of BMPs can be found in the current versions of the State M:\Public Data\Ordinances\2009 Ordinances\DRAFTS\O 2009-007 (Subd Ord Stormwater).doc Agenda Item No. 9 .H.2. Meeting Date March 2, 2009 34 City of Albertville County of Wright Ordinance No. 2009 -007 Page 3 of 11 of Minnesota Stormwater Manual, the Minnesota pPollution eControl aAgency's "Pr-ateeti g W. to f Quality I Urban A fees" an the same ageney's "Storm -Water And Wetlands: Planning And Evaluation Guidelines For Addressing Potential Impacts Of Urban Storm -Water And Snow -Melt Runoff On Wetlands", the United States eE_nvironmental pProtection aAgency's, "Storm Water Management For Construction Activities: Developing Pollution Prevention Plans And Best Management Practices", (as a reference for BMPs) and the Minnesota dDepartment of tTransportation's "Erosion Control Design Manual".) UNIT LOTS: Lots created from the subdivision of single-family attached dwellings having different minimum lot size requirements —than the conventional base lot within the zoning district. WATERBODY All surface waters water basins watercourses and wetlands as defined in this ordinance. WETLAND The Minnesota Wetland Conservation Act of 1991, as may be CONSERVATION ACT amended. WCA : SECTION 2. Section 11-6-2 (PRELIMINARY PLAT) of Chapter 6 (Plat and Data Requirements), relating to drainage plans and SWPPPs for preliminary plats, is hereby amended as follows: 11-6-2: PRELIMINARY PLAT C. Proposed Design Features: 13. Provisions for surface water ponding, drainage and flood control. Drainage plans shall include a delineation of all ponds, infiltration facilities, ditches, public waters and wetlands located on and adjacent to the site, including the normal water level (NWL), the 100-year high water level (HWL), and the ordinary water level (OHW). 14. A storm water pollution een1rel prevention plan shall be submitted for review and approved by the city engineer in the following cases: Subdivision applications for projects containing five-(5) one 1 or more acres of land. Said plan shall conform to the requirements of section 11-7-12 of this title. SECTION 3. Section 11-7-5 (LOTS) of Chapter 7 (Design Standards), relating to structure elevations on lots abutting a waterbody, is hereby amended as follows: M:\Public Data\Ordinances\2009 Ordinances\DRAFTS\O 2009-007 (Subd Ord Stormwater).doc Agenda Item No. 9. l.1..2. Meeting Date March 2, 2009 35 City of Albertville County of Wright Ordinance No. 2009 -007 Page 4 of 11 11-7-5: LOTS G. Drainagecourses, Ponding Areas, Channels: Lots abutting a drainagecourse, ponding area, drainageway, or channel shall have additional depth and width, as required under the provisions of the city zoning ordinance to assure building sites that are not subject to flooding. Lots abutting a pond waterbody or watercourse shall contain adequate lot area which is capable of accommodating a structure elevations meeting, the criteria in subsection 1000.91) of the city zoning ordinance. with its t,,west opening (-Mn w of door-) no less than two feet (2') above the highest knwA% water level, er- no less than two feet (2') above the 100 year- 1400d level, or- two feet (2') above the emer-geney ever-flo elevation, whiehever- is greater-. in determining the high water- levels, sU seetien 1000.9D SECTION 4. Section 11-7-10 (DRAINAGE SYSTEM) of Chapter 7 (Design Standards), relating to the design of drainage systems, is hereby amended as follows: 11-7-10: DRAINAGE SYSTEM B. Drainage system utilities shall be eenstfueted designed in accordance with standards established by the city in the "City's standard detail plates" or as otherwise specified by the city engineer. (2005 Code) C. Rate Control: The applicant shall install or construct or pav the citv fees for all storm water management facilities necessary to manage increased runoff, so that the 2-year (2.7"), 10-year (4.1"), and 100-year (5.9") storm peak discharge rates existing before the proposed development shall not be increased. Also, accelerated channel erosion shall not occur as a result of the proposed land disturbing or development activity. An applicant may also make an in kind or a monetary contribution to the development and maintenance of community storm water management facilities designed to serve multiple land disturbing and development activities undertaken by one or more persons, including the applicant. 1. All property within the county ditch no. 9 watershed shall not drain or discharge more than one-half (I/2) of the predevelopment rate of runoff. D. Volume Control: Development and redevelopment that creates one acre or more of impervious surface and increases runoff volumes above existing conditions for the 2- year, 24-hour storm event (not including snow melt events) shall incorporate runoff volume control practices into the design. The design shall explicitly address the use of BMPs to limit the loss of pervious area, and limit runoff volume increases from M:\Public Data\Ordinances\2009 Ordinances\DRAFTS\O 2009-007 (Subd Ord Stormwater).doc Agenda Item No. 9.H..2. Meeting Date March 2, 2009 36 City of Albertville County of Wright Ordinance No. 2009 -007 Page 5 of I 1 impervious areas to the extent feasible considering site -specific conditions. At a minimum, volume control practices shall comply with the following: 1. Limit the proposed runoff volume to the existing runoff volume for a 2-year, 24-hour storm. 2. When using infiltration for volume control infiltration volumes and facility sizes shall be calculated using the appropriate hydrological soil groo classification and saturated infiltration rate from the table below, and shall be capable of infiltrating the required volume within seventy-two (72) hours. Site -specific infiltration or hydraulic conductivity measurements completed by a licensed soil scientist or geotechnical engineer may be used in place of the values in the followingtable: able: Hydrologic Soil Group Infiltration Rate Soil Texture A_ 0.30 inches/hour Sand, loam sand, or sand loam B 0.15 inches/hour Silt loam or loam C 0.07 inches/hour Sandy clay loam 3. Infiltration areas will be limited to the horizontal areas subject to prolonged wetting_ 4. The bottom area of treatment ponds shall not be accepted as part of an infiltration practice; however, properly designed slopes and safety shelves may be accepted. 5. Before infiltrating runoff, pretreatment shall be required for gravel and paved surface lot runoff that will enter the infiltration system. The pretreatment shall be designed to protect the infiltration system from clogging and to protect groundwater quality. Pretreatment options may include, but are not limited to oil/grease separation sedimentation, biofiltration, filtration, swales or filter strips. To minimize potential groundwater impacts it is desirable to infiltrate the cleanest runoff. To achieve this a design may propose greater infiltration of runoff from low pollutant sources such as roofs, and less from higher pollution source areas such as parking 1, ots. 6. Infiltration systems shall be designed to bypass higher flows without incurring damage from erosion or loss of topsoils. 7. Infiltration areas shall be fenced or otherwise protected from compaction and/or disturbance before and during all land disturbing activities. 8. Constructed infiltration practices, such as infiltration ponds and trenches are discouraged in favor of other appropriate volume control practices. Constructed infiltration practices shall not be used in the following situations: a. For runoff from f ieliniz and vehicle maintenance areas and industrial areas with exposed significant materials, b. In areas with less than three (3) feet of vertical separation from the bottom of the infiltration system to the elevation of seasonal high groundwater or top of bedrock c. For areas with runoff from industrial, commercial and institutional parking lots and roads where there is less than three (3) feet of separation from the bottom of the infiltration system to the elevation of seasonal high groundwater. M!\Public Data\Ordinances\2009 Ordinances\DRAFTS\O 2009-007 (Subd Ord Stormwater).doc Agenda Item No. 9.H.2. Meeting Date March 2, 2009 37 City of Albertville County of Wright Ordinance No. 2009 -007 Page 6 of 11 d. In areas with Type D soils, unless adequate underdrains are provided. 9. Constructed infiltration facilities in areas of medium or high groundwater susceptibility; within four hundred (400) feet of a community water system or within one hundred (100) feet of a private well shall have acceptable pretreatment of runoff 10. Infiltration facilities to be maintained by the City shall be located in outlots dedicated to the City. E. All calculations and hydrologic models/information used in determining_ peak flows shall be submitted along with the stormwater pollution prevention plan A delineation of all ponds, infiltration facilities, ditches public waters and wetlands located on and adjacent to the site, including the normal water level (NWL) the 100- e�gh water level (HWL), and the ordinary water level (OHW). F. The applicant shall consider reducing the need for storm water management facilities b incorporating the use of natural topography and land cover such as natural swales and depressions as they exist before development to the degree that they can accommodate the additional flow of water without compromising the integrity or quality of the wetland or pond. G. Minimum Design Standards For Storm Water Wet Detention Facilities: The storm water wet detention facilities shall conform to the most current technology as reflected in the current version of the Minnesota Stormwater Manual and the current requirements found in the MPCA's NPDES permit for storm water associated with construction activities. H. Protection For Natural Wetlands: Wetlands must not be drained or filled wholly or partially, unless replaced by either restoring or creating wetland areas of at least equal public value pursuant to the wetland conservation act'. I. Models/Methodologies/Computations: Hvdroloaic models and design methodologies used for determining runoff characteristics and analyzing storm water management structures shall be approved by the cites engineer Plans specifications and computations for storm water management facilities submitted for review shall be signed by a registered professional engineer. J. Show or define access routes for maintenance purposes to all ponding areas (must be maximum of 8% grade 2% cross slope and 10' wide) Paving or pavers on the access routes is required with a design load to able support maintenance vehicles K. An emergency overflow, sufficient to convey the incoming flow from a 100-year storm event, shall be included with the design and construction of all ponding facilities. M:\Public Data\Ordinances\2009 Ordinances\DRAFTS\O 2009-007 (Subd Ord Stormwater).doc Agenda Item No. 9.H.2. Meeting Date March 2, 2009 IN City of Albertville County of Wright Ordinance No. 2009 -007 Page 7ofII SECTION 5. Section 11-7-12 (EROSION AND SEDIMENT CONTROL) of Chapter 7 (Design Standards), relating to Storm Water Pollution Prevention Plans, is hereby amended as follows: 11-7-12: EROSION AND SEDIMENT CONTROL A. Storm Water Pollution Eentrel Prevention Plan: A storm water pollution eeel prevention plan shall be submitted for review and approval by the city engineer fer subdivision applications for projects eai#a ing five (5 disturbing one (1) acres or more of land. The storm water pollution ee akprevention plan shall include: 4. A site construction plan that includes the proposed land disturbing activities, soil stockpiles, erosion and sediment control plan, construction schedule, and the maintenance and inspection of the storm water pollution eentrel prevention measures. B. Minimum Storm Water Pollution Control Prevention Plan r-Requirements: The following minimum control measures are required where bare soil is exposed. Due to the diversity of individual construction sites, each site will be individually evaluated. Where additional control measures are needed, they will be specified at the discretion of the city engineer. 4. Control runoff as follows: a. Stabilize inactive disturbed areas with sod or seed with mulch; and b. Construct temporary or permanent sedimentation basins. -Sedimentation basins must ° area - draining to the basin, three foot (3'' minimiam aep.>� be constructed in accordance with aeoepted-design speeif ea4e sNURP criteria or the Minnesota Stormwater Manual. Sedimentation basins must be maintained regularly, including sediment removal, to maintain a three foot (3') depth. Basin discharge rates must also be controlled to prevent erosion in the discharge channel. The applicant is required to obtain a national pollutant discharge elimination system/state disposal system (NPDES/SDS) construction storm water permit from the MPCAA finneseta pefltAien ntr-e 7. Where a project's ultimate development replaces surface vegetation with one or more acres of cumulative impervious surface, and all runoff has not been accounted for in the city's existing storm water management plan or practice, the runoff shall be discharged to a wet sedimentation basin prior to entering waters of the state. Work shall conform with the current version of the Minnesota Stormwater Manual pellutien--eentfel agenEy "Weteeting Water n, a4ity i Urban Areas", and the current requirements found in the MPCA's NPDES permits for storm water associated with construction activities. M:\Public Data\Ordinances\2009 Ordinances\DRAFTS\O 2009-007 (Subd Ord Stormwater).doc Agenda Item No. 9.H.2. Meeting Date March 2, 2009 39 City of Albertville County of Wright Ordinance No. 2009 -007 Page 8ofII 10. Sediment control measures shall be properly installed by the develepe and maintained by the before construction activity begins. Such structures may be adjusted during dry weather to accommodate short term activities, such as those that require very large vehicles. As soon as this activity is finished or before rainfall, the erosion and sediment control structures must be returned to the —a functioning configuration specified by the ei:'<r 11. The developer and/or builde rpermittee shall be responsible to ensure that erosion and sediment control measures are properly installed and maintained. In cases where the erosion and sediment control measures fail to conform with the approved plan, construction stop orders may be issued by the city until said measures are corrected to the satisfaction of the city. 13. All storm drain inlets shall be protected during construction until control measures are in place with either silt fence or an equivalent barrier that meets accepted design criteria, standards and specifications contained in the latest version of the Minnesota Stormwater Manual pallu4ien eep,4fel ageney's publieation,"P -atee ing Water- Qual y 1 14. All new4y installed and r-ehabilita4ed eateh basins shall be pr-evided with sump area fefeellee-iing eear-se grained material. A structure with a three (3) foot sump for collecting coarse grained material shall be provided with new storm sewer systems The sump catch basin or manhole shall be located within the street and iust prior to discharge into a waterbody. Such basins shall be cleaned when they are half filled with material 16. If a storm water management plan involves directing some or all runoff from the site, the applicant shall obtain from adjacent property owners any necessary easements or other property interests concerning flowage of water. 17. Stormwater pollution prevention measures shall be consistent with approved BMPs and shall be sufficient to retain construction -generated sediment on the site 18. Stormwater pollution controls shall be installed on all down gradient Derimeters before commencing the land disturbing activity, and shall not be removed without City approval. Upon City acceptance of turf establishment and other such permanent erosion control measures, the owner shall remove all silt fence and other temporary erosion control measures. 19. If the activity is taking place on a site where the soils are currently disturbed (e.a. a tilled agricultural site that is being developed) areas that will not be disturbed as part of the development and areas that will not be disturbed according to the time frames and slopes specified in the NPDES/SDS permit shall be seeded with temporary or permanent cover before commencing the proposed land disturbing activity. M:\Public Data\Ordinances\2009 Ordinances\DRAFTS\O 2009-007 (Subd Ord Stormwater).doe Agenda Item No. 9.H.2. Meeting Date March 2, 2009 Ef City of Albertville County of Wright Ordinance No. 2009 -007 Page 9of11 20. Slopes greater than 4:1 shall have erosion control blanket installed immediately after finished grading. FA M a — •RU n F.%TW.AV— M:\Public Data\Ordinances\2009 Ordinances\DRAFTS\O 2009-007 (Subd Ord Stormwater).doc Agenda Item No. 7.H.2. Meeting Date March 2, 2009 41 City of Albertville County of Wright Ordinance No. 2009 -007 Page 10 of 11 SECTION 6. Section 11-8-6 (DRAINAGE) of Chapter 8 (Construction Standards), relating to drainage, is hereby amended as follows: 11-8-6: DRAINAGE: A. All surface and underground drainage systems shall be installed to adequately remove all natural drainage that accumulates on the developed property. All such systems shall provide a permanent solution for the removal of drainage water. All rfepei4y west e ('/-2) of the predevelepmeft fate of runeff. (Amended Ord. 1988 8, 9 8 1988) B. Drainage systems and facilities shall be constructed in accordance with standards established by the city in the City's standard detail plates" or as otherwise specified by the cily engineer. (2005 Code) SECTION 7. Section 11-9-1 (IMPROVEMENTS REQUIRED) of Chapter 9 (Improvement Requirements), relating to drainage, is hereby amended as follows: G. Drainage Facilities and Systems: Such facilities and systems and e me shall be installed as- A414-as to adequately provide for the drainage of surface waters and storm water pollution control, and a staf systembe ea flood protection. U LVllll sewer- V YPer Drainageway and/or ponding_easements or land dedications may be required when such easements or land is needed, in the public interest, for purposes of floodplain management, proper drainage, prevention of erosion, pedestrian access to water bodies, or other public purpose. All surfaee-water- -drainage must-be--appfeved by the WT-i& CeufAy soil and , atef e »tier distr' (Amended Ord. 1988-8, 9-8-1988; amd. by 2005 Code) THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY FOLLOWING ITS PASSAGE AND PUBLICATION. M:\Public Data\Ordinances\2009 Ordinances\DRAFTS\O 2009-007 (Subd Ord Stormwater).doe Agenda Item No. 9...i 7..2. Meeting Date March 2, 2009 FIN City of Albertville County of Wright Ordinance No. 2009 -007 Page 11 of 11 Approved by the Albertville City Council this 2nd day of March 2009. Ron Klecker, Mayor Bridget Miller, City Clerk M:\Public Data\Ordinances\2009 Ordinances\DRAFTS\O 2009-007 (Subd Ord Stormwater).doe Agenda Item No.9.1 i..2. Meeting Date March 2, 2009 43 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 2009-009 AN ORDINANCE AMENDING SECTION 200.2 (DEFINITIONS); SECTION 1000.9 (DRAINAGE PLANS); AND SECTION 5000.4 (GENERAL STANDARDS) OF THE ALBERTVILLE ZONING ORDINANCE (APPENDIX A) OF THE 2005 ALBERTVILLE MUNICIPAL CITY CODE RELATING TO STORM WATER REGULATIONS THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS: SECTION 1. Section 200.2 (Definitions), relating to definitions of storm water management terms, is hereby amended by adding definitions for the following terms: EMERGENCY OVERFLOW A water flow path that is designed to safely remove EOF : excess water in case a pond or waterbody becomes higher than expected. HIGH WATER LEVEL The highest water level achieved in a water body HWL : predicted by the 100-year critical storm event. NORMAL WATER LEVEL For a reservoir with a fixed overflow, the NWL is (NWL) lowest crest level of that overflow. For a reservoir whose outflow is controlled wholly or partly by movable gates, siphons or other means, it is the maximum level to which water may rise under normal operating conditions, exclusive of any provision for flood storage. For a closed depression wetland, it is the maximum level to which the water may rise under normal precipitation conditions exclusive of any provision for flood storage. ORDINARY HIGH WATER The Minnesota DNR jurisdictional boundary of public LEVEL OHWL or OHW): waters and wetlands that is depicted by an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. For reserves and flowage, the ordinary gh water level is the operating elevation of the normal summer pool. SIMPLIFIED HYDROLOGIC Methodology for assessing water elevations of M:\Public Data\Ordinances\2009 Ordinances\DRAFTS\O 2009-009 (Zoning - Stormwater).doc Agenda Item No. 9.H.2. Meeting Date March 2, 2009 45 City of Albertville County of Wright Ordinance No. 2009-009B Page 2 of 3 YIELD METHOD (SITYM): landlocked basins. SECTION 2. Section 1000.9.D., relating to structure elevation regulations pertaining to drainage plans, is hereby amended as follows: 1000.9: DRAINAGE PLANS: - - - -� 2 ... . .:. •WE WWV .. ... . ... . . ... aw D. Structure Elevations. No structures except docks and retaining walls shall be constructed below the following minimum elevations: 1. For structure adiacent to ponds, wetlands, ditches. and other water bodies: All low opening elevations shall be at least two (2) feet above the 100-year flood level (HWL), All low floor elevations shall be at least one (1) foot above the normal water level (NWL); All low openings shall be at least two (2) feet above the emergencv overflow EOF . 2. For public waters and public water wetlands (DNR protected water bodies) follow the criteria in subsection 4905.22 of this ordinance for setting structure elevations. 3. In the case of a land -locked basin, the low floor and low opening elevation shall be at least one (1) and three (3) feet, respectively, above the surveyed basin overflow; or one (1) and three (3) feet, respectively, above the high water level of the basin as determined from an estimate using the SITYM, or two 100-year 24-hour back-to-back storm events whichever produces the higher peak water elevations, under full build -out conditions for the contributing watershed. SECTION 3. Section 5000.4, relating to structure elevation regulations pertaining to lands within and/or abutting a wetland, is hereby amended as follows: 5000.4: GENERAL STANDARDS: The following standards apply to all lands within and/or abutting a wetland: M:\Public Data\Ordmances\2009 Ordinances\DRAFTS\O 2009-009 (Zoning - Stormwater).doc Agenda Item No. 9..[.7..2. Meeting Date March 2, 2009 :■ City of Albertville County of Wright Ordinance No. 2009-009B Page 3 of 3 A.(3') above the 100 year- flood elevation E)-r- duee 4900, " Structure elevations shall meet the criteria in subsection 1000.91) and subsection 4905.22 of the city zoning oning ordinance. THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY FOLLOWING ITS PASSAGE AND PUBLICATION. Approved by the Albertville City Council this 2nd day of March 2009. Ron Klecker, Mayor Bridget Miller, City Clerk M:\Public Data\Ordinances\2009 Ordinances\DRAFTS\O 2009-009 (Zoning - Stormwater).doc Agenda Item NoA.i7..2. Meeting Date March 2, 2009 47 �lbcrtvillc Mayor and Council Communication February 2, 2009 SUBJECT: LEGAL — SET ASSESSMENT HEARING DATE FOR ALBERT VILLAS 6TH ADDITION PUNCH LIST ITEMS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motions: Motion: set Monday, April 6, 2009 at 7:00 p.m. or soon thereafter to hold an Assessment Hearing to consider Special Assessments in the amount of approximately $45,000 against the undeveloped lots in Albert Villas 6th Addition for the cost of completing punch list items that will be held at the Albertville City Hall, 5959 Main Avenue NE, Albertville, Minnesota. BACKGROUND: On November 31, 2005, Edina Development Corporation filed for Chapter 11 bankruptcy phrotection. At the time, it had not completed all of its obligations under the Albert Villas 6t Addition Developer's Agreement, leaving approximately $45,000 in punch list items (cracked curb and sidewalk, unplanted landscape trees, etc.) unfinished. The bankruptcy effectively discharged Edina Development from its remaining obligations under the Developer's Agreement, although the lots in the development remain bound by the terms of the Developer's Agreement. The City was secured by a letter of credit from Lakeland Construction Finance, LLC, a financing company that financed many developments in the Twin Cities area, including Albert Villas 6th Addition. That letter of credit expired in August 2008; before the City filed a claim on it (we missed the deadline by a few days). Even had the City claimed on the letter of credit, the City would not have been paid as Lakeland is insolvent and now under receivership in Hennepin County Court, with no creditors now being paid at this time. At least one other city in Wright County claimed on a Lakeland letter of credit prior to August, 2008, and has not been paid. Couri, MacArthur and Ruppe is aware of at four cities that have claimed on Lakelands letters of credit, with none of them being paid. From what we can tell, Lakeland has more than $40 million in obligations due that it has defaulted on. With no letter of credit to back the work to be done, Staff is recommending that the City special assess the vacant lots in the 6th Addition for the cost of the punch list items. The Developer's Agreement gives the City the power to special assess the developer's property in the event the letter of credit is insufficient to cover the developer's default. There are thirty two vacant lots in Albert Villas 6th Addition. Each lot would be special assessed approximately $1,406.25 per lot. KEY ISSUES: • The City will incur approximately $45,000 to complete the punch list items for Albert Villas 6th Addition. M:\Public Data\Requests for Council Actions (RCA)\2009\03 02 2009 Legal RCA (AV 6th Assess set date).doc Agenda Item No. 9.J.1, . Meeting Date March 2, 2009 Mayor and Council Communication — February 2, 2009 Legal — Set Assessment Hearing — Albert Villas 6th Add. Page 2 of 2 0 There is no letter of credit to draw on to reimburse the City for these expenses. •. 32 vacant lots would each be special assessed approximately $1,406.25. • Bids will need to be received to determine the exact amount to be assessed. POLICY CONSIDERATIONS: The Developer's Agreement allows the special assessment of Developer's lots, but is silent as to which lots (i.e. all or some) should be special assessed. Staff is recommending special assessing the vacant lots as those are the lots the typically would remain in the Developer's ownership at this stage of the development, and thus best fits the intent of the Developer's Agreement. FINANCIAL CONSIDERATIONS: If the City chooses not to special assess these costs; the City would need to find $45,000 from the general fund or some other fund. There is no other way to recover these costs other than via special assessment. LEGAL CONSIDERATIONS: The Developer's Agreement authorizes the special assessment of the properties in the plat if the letter of credit is insufficient to cover the Developer's obligations. The Developer's Agreement does not require that all properties in the plat be special assessed. It is my belief that, in the absence of a provision to the contrary, the City can special assess the vacant lots only for the costs to complete the Developer's obligations. Respectfully submitted, 4LayZfflsei City Administrator Department/Responsible Person: Legal/Mike Couri, City Attorney Attachments: None. M:\Public Data\Requests for Council Actions (RCA)\2009\03 02 2009 Legal RCA (AV 6th Assess set date).doc Agenda Item No. 9.J. I . Meeting Date March 2, 2009 �bertAIIIE Mayor and Council Communication Smug T« Living. 09 atv urn. February 17, 2009 SUBJECT: LEGAL — AMENDMENT TO LIQUOR ORDINANCE REQUIRING CORRECTION OF FIRE CODE VIOLATIONS PRIOR TO ISSUANCE OF LIQUOR LICENSE RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion: approve Ordinance No. 2009-008 entitled an Ordinance Requiring Correction of Fire Code Violations Prior to Issuance of a Liquor License as presented, which a final copy will be printed and signed; the signed copy will be scanned; the electronic scanned version will be kept on file in the office of the City Clerk and serve as the official record. BACKGROUND: The City Fire Chief and Building Official have inspected a number of the City's commercial buildings in an attempt to ascertain their compliance with the City's fire code and to work with the building owners to have the buildings brought up to the current fire code. In particular, the Fire Chief is concerned that at least one of the businesses holding an On -Sale Liquor License has been very slow to correct serious life -safety violations, even after repeated inspections and citations. Given the fact that some members of the public in an on -sale business are likely to be impaired due to alcohol consumption, the correction of basic safety issues such as a main exit door that opens inward instead of outward (as required by the fire code) poses a very real safety threat to the public. After discussing this issue, City staff concluded that the City has the authority to revoke a liquor license or deny the renewal of a liquor license if the licensed premises is not brought into compliance with the City's fire code. The proposed ordinance amendment grants the City Council this authority if the license holder fails to correct violations that endanger the lives of others after 60 days notice. KEY ISSUES: The proposed amendment requires the license holder to allow the City on the premises to inspect the property and requires that fire code violations be corrected within 60 days of citation by the City. The proposed amendment gives the City Council the authority to, but does not force the Council to, revoke an existing liquor license or refuse to renew a liquor license if fire code violations which endanger the lives of those on the premises are not corrected within 60 days. The Council would retain the discretion to decide if a fire code violation was serious enough to warrant revocation or denial of a renewal request. POLICY/PRACTICES CONSIDERATIONS: Adoption of this ordinance amendment will likely result in quicker and more complete compliance with the City's fire code, at least in M:\Public Data\Requests for Council Actions (RCA)\2009\03 02 2009 Legal RCA (Ord Fire Code amend).doc Agenda Item No. 9.12. Meeting Date March 2, 2009 Mayor and Council Communication — February 17, 2009 Legal — Ordinance Amendment -Fire Code Page 2 of 2 establishments that have a liquor license. Since compliance with the fire code is already required by City ordinance, the City is not imposing new requirements upon the license holders, but simply providing for stronger enforcement of the ordinances previously adopted. FINANCIAL CONSIDERATIONS: Adoption of this ordinance will likely result in less staff time dedicated to repeat inspections for fire code compliance. However, in the event the City ever moves to revoke a liquor license because of fire code violations, the City will likely incur administrative hearing costs (Judge's fees and attorney's fees) which may be substantial. LEGAL CONSIDERATIONS: The City has broad enforcement authority in regard to liquor issues and has the authority to enact the proposed ordinance. If the City were to revoke an existing liquor license, the City would likely send the issue to the Office of Administrative Hearings for a hearing before an administrative law judge. This would cost the City both attorney's fees and the hearing officer's fees, both of which would be substantial. Respectfully submitted, Larry R. use City Administrator Department/Responsible Person: Legal/Mike Couri, City Attorney Attachments: Ordinance No. 2009-008 M:\Public Data\Requests for Council Actions (RCA)\2009\03 02 2009 Legal RCA (Ord Fire Code amend).doc Agenda Item No. 9.12. Meeting Date March 2, 2009 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO.2009-008 AN ORDINANCE REQUIRING CORRECTION OF FIRE CODE VIOLATIONS PRIOR TO ISSUANCE OF A LIQUOR LICENSE The City Council of the City of Albertville, Minnesota hereby ordains: Section 4-1-10 of the Albertville City Code is hereby amended to add subdivision B.3., as follows: 4-1-10: INELIGIBILITY FOR LICENSE: B. Places Ineligible: 1. Generally: No license shall be issued for any place or any business ineligible for such a license under state law. 2. Delinquent Taxes And Charges: No license shall be granted for operation on any premises on which taxes, assessments, charges, fees, fines, or other financial claims of the city are delinquent. (Ord. 2006-03, 2-21-2006) 3. Fire Code Violations: No license shall be issued or renewed for any premises with existing fire code violations that endanger the lives of those on the premises including employees and patrons. 2. Section 4-1-11 of the Albertville City Code is hereby amended to add subdivision F, as follows: 4-1-11: CONDITIONS OF LICENSE: Every license is subject to the following conditions and all other provisions of this chapter and of any other applicable ordinance, state law, or regulation: F. Fire Code Violations. a. Every licensee shall allow City officials to inspect the premises for fire code violations. If the licensee refuses to allow such inspection the City Council may refuse to issue or renew a license. M:\Public Data\Ordinances\2009 Ordinances\DRAFTS\O 2009-008 (Fire Code-Liq Lic Require).doc Agenda Item No. 9.12. Meeting Date March 2, 2009 53 b. Every licensee shall, within 60 days after the City has given notice remedy any fire code violations which endanger the lives of those on the premises including patrons and employees. If the licensee fails to remedy such violations, the City Council may refuse to issue or renew a license. Passed by the council this day of , 2009. Ron Klecker, Mayor ATTEST: Bridget Miller, City Clerk M:\Public Data\Ordinances\2009 Ordinances\DRAFTS\O 2009-008 (Fire Code-Liq Lie Require).doc Agenda Item No. 7.12. Meeting Date March 2, 2009 54 Nbertville s-0 7- wrw. ft aaa, Ur.. Mayor and Council Communication February 19, 2009 SUBJECT: 0 ADMINISTRATION — PLANNING AND ZONING COMMISSION MEMBERS RECOMMENDATION: It is respectfully requested the Mayor and Council consider the following motion: Motion direct staff to establish a uniform compensation for all standing boards - commissions - committees on a base rate per meeting attended effective immediately. BACKGROUND: The City pays the Planning and Zoning Commission members $40.00 per month per diem for serving as a member on the commission. In 2008, there were a total of six (6) meetings. The City has budgeted $2,400 to compensate the Planning Commission members for their time, which includes paying for months when there is no activity. With the economic times and recent losses in the City's property equalization aid, staff recommends paying members for attending their regular meetings. The City pays the Parks & Recreation Committee members on a per meeting attended basis. KEY ISSUES: • Continue to pay the Planning and Zoning Commission members whether there is a meeting or not. • Change the City's Practices to compensate the Planning and Zoning Commission members for attending their regular meetings. • Be consistent with the Parks & Recreation Committee, which is paid for attending meetings. POLICY/PRACTICES CONSIDERATIONS: Under Title 2; Chapter 2; Section 7: EXPENDITURES: of the 2005 Albertville Municipal City Code it reads: Expenditures of the commission shall be within amounts appropriated by the city council for the purpose. (Ord. 20, 5-24-1973) FINANCIAL CONSIDERATIONS: The City could potentially save $1,200 by converting to paying the Planning and Zoning Commission members for attending their regular meetings. LEGAL CONSIDERATIONS: The City Council has the discretion on how much to compensate the Planning and Zoning Commission for serving as a member. Respectfully Submitted Larry ese City Administrator Department/Responsible Person: Larry Kruse, City Administrator Attachments: None M:\Public Data\Requests for Council Actions (RCA)\2009\03 02 09 Admin RCA (Planning Comm Pay).doc Agenda Item No..7.KA. Meeting Date February 17, 2009 A�Ibcrtvfllc snmM Tourn Wrw. ft at, ML MEMORANDUM Date: February 26, 2009 To: City Council From: Larry R. Kruse, City Administrator Re: General Update FYCC FUNDING Superintendent Ziegler; City Administrator Derus and I have been meeting to identify a plan to manage the Park, Recreation and Community Programming with the assumption that Federal Funding will end in June. There is nothing formal to report at this time other than we are exploring options including having Community Education involved to the City's handling those duties on our own. I-94 PROJECT The contract with the Tinklenberg Group has been signed and we will continue to seek Federal Funding for the west -bound portion of the I-94 Project. We are evaluating options on the best time to go to Washington. We received three responses to our Request for Proposals to complete final design and will report back to the Council at the March 16th Council meeting. ALBERT VILLAS POND LITAGATION Mediation is schedule for Tuesday, March 3, 2009. Due to a conflict, LeRoy Beming who has been representing the Council will not be able to attend. Mayor Klecker and Acting Mayor Fay attended a strategy meeting with both Mr. Berning and attorney Jason Kuboushek in preparation for the mediation session. Mayor Klecker and Council member Fay will report back to the Council at the March 16th Council meeting. ARENA FEASIBILITY REPORT We continue to work with ARY to complete the Arena Feasibility Study. At the last meeting several options were presented to scale the project back. Our primary focus right now is to work with the Ballard King and Associates to refine the financial feasibility report. M:\Public Data\City Administrator\2009\Reports to Council\03-02-2009 City Admin Report.doc Agenda Item No. 9..K.2. Meeting Date March 2, 2009 56 b£r"tVlll£ UIw SMayor and Council Communication md Tovex Uriq,. Big C3ty� February 16, 2009 SUBJECT: WORKSHOP -ZONING ORDINANCE AMENDMENT — ACCESSORY BUILDING REGULATIONS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following motion: Motion discuss Ordinance Number 2009-006 OPTION TWO entitled an Ordinance amending Section 1000.4 (Accessory Buildings, Uses and Equipment) and Section 200.2 (Definitions) of the Albertville Zoning Ordinance (Appendix A) of the 2005 Albertville Municipal City Code relating to accessory building regulations as presented, which a final copy will be printed and signed; the signed copy will be scanned; the electronic scanned version will be kept on file in the office of the City Clerk and serve as the official record. BACKGROUND: A recent violation of the accessory structure zoning regulations prompted staff to review and re-examine the current regulations for accessory buildings. Staff has brought this issue before the Planning and Zoning Commission and the City Council for their direction. Overall, the Planning and Zoning Commission wished to grant greater flexibility in the standards than the City Council. Staff prepared three Ordinance options attempting to reflect the comments and concerns received from the Planning Commission and City Council. These were presented to the Planning and Zoning Commission at their February 1 Oth meeting, and the Commission recommended approval of Option Two. At this time, staff is presenting Option One and Option Two to the City Council — Option One presents little or no change to the current Ordinance, and Option Two represents the Planning Commission's recommendations. Option 1 & Option 2: Option One and Option Two both incorporate basic formatting changes that staff felt was needed in order to make the ordinance easier to use and more understanding (i.e., sections divided into Setbacks, Number, Size, etc.). They also offer the following changes: • Increase the minimum size of an attached or detached garage from 480 square feet to 530 square feet; • Allow for a third accessory building as long as it meets the definition of an outdoor living space and all three buildings fall within the maximum area of 1,150 square feet; • Add the definition of an outdoor living space; • Add a specific provision that the exterior finish and color of an accessory building must be the same as the principal building; • Add specific standards and criteria for commercial accessory uses; and M:\Public Data\Requests for Council Actions (RCA)\2009\03 02 2009 Planning RCA (Access Bldg Ordinance).doc Agenda Item No. 1 2.A. Meeting Date March 2, 2009 Mayor and Council Communication —February 16, 2009 Planning — Zoning Ordinance Amendment — Accessory Building Regulations Page 2 of 3 Establish a total square footage cap for all accessory buildings and garages at 1,150 square feet. OPTION 1: Option One recognizes that the current regulations have been in place since the late 1980s and have worked effectively for the majority of residential properties within the City. The current ordinance promotes a larger garage and a smaller storage shed. The intent of the regulations is to avoid having the rear yard of residential lots overwhelmed by accessory buildings. Under this ordinance, the City has a number of ordinance violations with the number and size of accessory buildings. As discussed in December, the current ordinance seldom provided the property owner full access to the total 1,150 square foot floor space limit. No change in the distribution of accessory building floor space is proposed in Option One. Exceptions to the distribution or size of accessory buildings are allowed by conditional use permit. OPTION 2: In Option Two, we attempted to relax the ordinance to provide more opportunity for a larger second accessory building and differentiate standards for larger lots. The following is outlined in Option Two: • Increase the minimum size of a second accessory building (detached) from 150 to 240 square feet, when accompanied by an attached garage on the same lot. • Greater flexibility to larger parcels and removes the CUP flexibility for smaller, urban lots: o Remove the CUP provision that allows for a larger second detached accessory building on parcels less than one acre in size or to have a combined total floor area of an accessory detached building and/or attached garage to exceed 1,150 square feet on urban lots. o Add Administrative Permit provision for parcels one acre or greater in size to pursue the following: 1. a second detached accessory building larger than 240 square feet; 2. an attached or detached garage exceeding 1,000 square feet in size; and/or 3. a combined total floor area of an accessory detached building and/or attached garage exceeding 1,150 square feet, as long as the following requirements are met: a. any accessory building does not exceed the size of the dwelling; b. any accessory building is screened from any adjacent residential property; c. any accessory building is constructed of the same or similar design and material as the principal building; and (4) commercial and home occupation uses are prohibited. • Protection of specialized PUD neighborhoods that contain important viewsheds: M:\Public Data\Requests for Council Actions (RCA)\2009\03 02 2009 Planning RCA (Access Bldg Ordinance).doc Agenda Item No. 1.2.A. Meeting Date March 2, 2009 Mayor and Council Communication —February 16, 2009 Planning — Zoning Ordinance Amendment — Accessory Building Regulations Page 3 of 3 o Accessory building standards shall not supersede design standards or covenants that have been established as part of an approved residential PUD. KEY ISSUES: • A recent violation of the accessory structure zoning regulations prompted staff to review and re-examine the current regulations. • Overall, the Planning and Zoning Commission wished to grant greater flexibility in the standards than the City Council. • Staff prepared three Options that reflected the comments and concerns of the Planning and Zoning Commission and City Council. • The Planning and Zoning Commission recommended approval of Option Two. • Staff is presenting Option One and Option Two to the City Council at this time. • Staff is recommending approval of Option Two. POLICY/PRACTICES CONSIDERATIONS: In accordance with State Law, public notice was published and a public hearing held by the Planning Commission. They recommended the City Council amend this section of the code by recommending Option Two. FINANCIAL CONSIDERATIONS: There are no significant financial issues related to this amendment. LEGAL CONSIDERATIONS: In accordance with Council procedures, the Mayor and Council have the authority to amend Ordinances, which requires a majority vote of the City Council and becomes effective upon publication. Respectfully submitted, Larry Kruse City Administrator Department/Responsible Person: Planning/City Planner Alan Brixius Attachments: Ordinance No. 2009-006 Option Two M:\Public Data\Requests for Council Actions (RCA)\2009\03 02 2009 Planning RCA (Access Bldg Ordinance).doc Agenda Item No. 12.A. Meeting Date March 2, 2009 o CITY OF ALBERTVILLE 0 I COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO.2009 - AN ORDINANCE AMENDING SECTION 1000.4 (ACCESSORY BUILDINGS, USES AND EQUIPMENT) AND SECTION 200.2 (DEFINITIONS) OF THE ALBERTVILLE ZONING ORDINAINCE (APPENDIX A) OF THE 2005 ALBERTVILLE MUNICIPAL CITY CODE RELATING TO ACCESSORY BUILDING REGULATIONS. THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS: SECTION 1. Section 1000.4 is hereby repealed in its entirety and replaced with the following: 1000.4: ACCESSORY BUILDINGS, USES AND EQUIPMENT: A. Farm Operations Exempt: Farm operations are exempt from the requirements of this section. B. Single -Family Accessory Uses: 1. Setbacks: a. Front Yard: No accessory use building structure or equipment shall be allowed within a required front yard except by conditional use permit b. Side Yard: As required by zoning district. c. Rear Yard (includes side yard within rear yard): Allowed to encroach into the required setback, but not less than ten (10) feet.* d. Alley: Private garages having direct access onto an alley shall be set back twenty (20) feet from the alley lot line. *Exception: No such encroachment may occur on a required easement or in a required side yard setback abutting a street on a corner lot. 2. Size: a. Minimum Size: An attached or a detached fzara2e shall not be less than 530 square feet in floor area. b. Maximum Size: An attached or a detached garage shall not: 1) Exceed 1,000 square feet of floor area except by conditional use pen -nit; 2) Exceed the ground coverage of the dwelling, except by conditional use permit,• 3) Occupy more than 25% of the area of the rear yard; or 4) (Only for a detached building) Exceed 150 square feet in floor area when accompanied by an attached garage on the same lot except by conditional use permit. c. Cumulative Area: The total floor area of all accessory buildings and garages shall not exceed 1,150 square feet, except by conditional use permit. 61 City of Albertville County of Wright Ordinance No 2009- x_ (Accessory Structure Regulations) Page 2 of 4 06,00096 3. Number: a. No more than two (2) accessory storage buildings or garages shall be allowed on one (1) or more single family lot under common ownership. b. Exception: An exception for a third accessory building may be granted provided the following requirements are met: 1) Third accessory structure qualifies as an outdoor living space as defined in Section 200.2; and 2) The cumulative floor area of all three accessory structures does not exceed the maximum allowed floor area (1,150 square feet). C. Commercial Accessory l . Setbacks: All commercial accessory buildings shall meet the setbacks of the principal building. 2. Size: All commercial accessory buildings shall not exceed thirty percent (30%) of the gross floor space of the principal building. 3. Number: No more than one (1) accessory building shall be allowed on any commercially -zoned property, except by conditional use permit 4. Accessory buildings shall match the exterior finish of the principal building in color and materials. D: Multi -Family Agricultural & Industrial Accessory Uses: Except as otherwise noted all accessory buildings and uses for all principal uses (other than single-family detached dwellings) shall conform to the setback requirements specified for the respective zoning district in which they are located. E. Height Limits: Except as expressly allowed by conditional use permit accessory buildings shall comply with the following height limitations: 1. Zoning District Maximum Height A-1 16 feet A-2 16 feet R-1 16 feet R-IA 16 feet R-2 16 feet R-3 16 feet R-4 16 feet R-5 16 feet R-6 16 feet R-7 16 feet R-8 25 feet R-MH 15 feet B-2 35 feet B-2A 35 feet B-3 35 feet 62 City of Albertville County of Wright Ordinance No 2009- Page 3 of 4 (Accessory Structure Regulations) B-4 35 feet B-W 35 feet I-1 35 feet 1-2 35 feet P/I 35 feet OPTION 006 2. Accessory buildings, other than garages, shall be limited to ten (10) feet in height on all two-family, quadraminium or townhouse unit lots Building Type And Standards: 1. The same or similar quality exterior building material (meaning exterior finish and color) shall be used in the accessory building and in the principal building_ 2. All accessory buildings shall also be compatible with the principal building on the lot "Compatible" means that the exterior appearance of the accessory buildingis s not different from the principal building from an aesthetic and architectural standpoint as to cause: a. A difference to a degree to cause incongruity, as determined by the Citv Council: or b. A depreciation of neighborhood or adjacent property values Pole buildings, as defined in Section 200.2 of this Ordinance: a. Are prohibited in residential and commercial districts. b. Are permitted within_ the A-1 and A-2 Districts, onlv in association with agricultural operations. c. Are allowed in industrial districts as a conditional use; provided the following are met: 1) The structure involves an expansion of an existing pole building 2) The design and building material conform to the character of the area in which the structure is located; 3) There is documented need for this type of construction; and 4) The provisions of Subsection 400.2F of this Ordinance are considered and satisfactorily met. G. Noisy Uses and Equipment in Side Yards: No accessory uses or equipment such as air conditioning units or condensers which generate noise may be located in a side yard except for side yards abutting streets where equipment is fully screened from view. H. Conditional Use Permits: Application for a conditional use permit under this Section shall be regulated by Chapter 400 of this Ordinance. Such a conditional use permit may be granted; provided, the following are met: 1. There is a demonstrated need and potential for a continued use of the structure and the purpose stated; 2. The building has an evident reuse or function related to the principal use; 3. Accessory building shall be maintained in a manner that is compatible with the adiacent residential uses and does not present a hazard to public health, safety. and eneral welfare; and 63 City of Albertville 006 County of Wright SON Ordinance No 2009- x_ (Accessory Structure Regulations) O Page 4 of 4 PT 4. The provisions of Subsection 400.2E of this Ordinance shall be considered and a determination made that the proposed activities is in compliance with such criteria SECTION 2. Section 200.2 is hereby amended as follows: OUTDOOR LIVING Any detached accessory building utilized as a living space such as a SPACE: gazebo, screened porch, or play house. THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY FOLLOWING ITS PASSAGE AND PUBLICATION. Approved by the Albertville City Council this 2nd day of March 2009. Ron Klecker, Mayor Bridget Miller, City Clerk too CITY OF ALBERTVILLE ON COUNTY OF WRIGHT OPTISTATE OF MINNESOTA ORDINANCE NO.2009 - AN ORDINANCE AMENDING SECTION 1000.4 (ACCESSORY BUILDINGS, USES AND EQUIPMENT) AND SECTION 200.2 (DEFINITIONS) OF THE ALBERTVILLE ZONING ORDINAINCE (APPENDIX A) OF THE 2005 ALBERTVILLE MUNICIPAL CITY CODE RELATING TO ACCESSORY BUILDING REGULATIONS. THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS: SECTION 1. Section 1000.4 is hereby repealed in its entirety and replaced with the following: 1000.4: ACCESSORY BUILDINGS, USES AND EQUIPMENT: A. Farm Operations Exempt: Farm operations are exempt from the requirements of this secti �n _ B. Sintile-Family Accessory Uses: 1. Setbacks: a. Front Yard: No accessory use, building, structure, or equipment shall be allowed within a required front yard. b. Side Yard: As required by zoning district. c. Rear Yard (includes side yard within rear yard): Allowed to encroach into the required setback, but not less than ten (10) feet. d. No such encroachment may occur on a required easement or in a required side yard setback abutting a street on a corner lot. e. Alley: Private garages having direct access onto an alley shall be set back twenty (20) feet from the alley lot line. 2. Number: a. No more than two (2) accessory storage buildings or garages shall be allowed on one (1) or more single family lot under common ownership b. Exception: An exception for a third accessory building may be permitted, provided the following requirements are met: 1) Third accessory structure qualifies as an outdoor living space, as defined in Section 200.2; and 2) The cumulative floor area of all three accessory structures falls within the parameters of the floor area allowed (1,150 square. feet). 3. Size: a. Minimum Size: An attached or a detached garage shall not be less than 530 square feet in floor area. b. Maximum Size: An attached or a detached garage shall not: 65 City of Albertville County of Wright Ordinance No 2009- Page 2 of 4 (Accessory Structure Regulations) 1) Exceed 1,000 square feet of floor area, 2) Exceed the ground coverage of the dwelling; or orlo" too 3) Occupy more than 25% of the area of the rearward. 4) A second accessory building may be permitted provided it does not exceed 240 square feet in floor area, when accompanied by an attached or detached garage on the same lot. c. Cumulative Area: The total floor area allowed for all accessory buildings and garages shall not exceed 1,150 square feet. 4. Size Exception: An exception to the size requirements may be granted through an administrative permit, provided the following requirements are met: a. The parcel is one acre or greater in size, b. Any accessory building does not exceed the ground coverage of the dwelling, c. Any accessory building shall be screened from adjacent residential property; d. Any accessory building shall be constructed of the same or similar design and material as the principal building; and e. Commercial and home occupation uses are prohibited in any accessory building_ 5. Design Standards/Covenants: These accessory building performance standards are applicable for all single family lots in the City, provided however that these standards shall not be permitted where these design standards will supersede design standards or covenants that have been established as part of an approved residential planned unit development. Property owners shall demonstrate compliance with approved covenants/ design standards with the submission of a building permit for an accessory building_ C. Commercial Accessory Uses: 1. Setbacks: All commercial accessory buildinas shall meet the setbacks of the nrincinal building. 2. Size: All commercial accessory buildings shall not exceed thirty percent (30%) of the gross floor space of the principal building. 3. Number: No more than one (1) accessory building shall be allowed on any commercially -zoned property 4. Accessory buildings shall match the exterior finish of the principal building in color and materials. D. Multi -Family, Agricultural, & Industrial Accessory Uses: Except as otherwise noted all accessory buildings and uses for all Drincipal uses (other than single-family detached dwellings) shall conform to the setback requirements specified for the respective zoning district in which they are located. E. Height Limits: Except as expressly allowed by conditional use permit accessory buildings shall comply with the following height limitations: 1. Zoning District Maximum Height A-1 16 feet City of Albertville tooCounty of Wright Ordinance No 2009- x_ (Accessory Structure Regulations)OPTION Page 3 of 4 A-2 16 feet R-1 16 feet R-1 A 16 feet R-2 16 feet R-3 16 feet R-4 16 feet R-5 16 feet R-6 16 feet R-7 16 feet R-8 25 feet R-MH 15 feet B-2 35 feet B-2A 35 feet B-3 35 feet B-4 35 feet B-W 35 feet I-1 35 feet I-2 35 feet P/I 35 feet 2. Accessory buildings, other than garages shall be limited to ten (10) feet in height on all two-family, quadraminium, or townhouse unit lots. Building Type And Standards: 1. The same or similar quality exterior buildine material (meaniniz exterior finish and color) shall be used in the accessory building and in the principal buildin& 2. All accessory buildings shall also be compatible with the principal building on the lot. "Compatible" means that the exterior appearance of the accessory building is not different from the principal building from an aesthetic and architectural standpoint as to cause: a. A difference to a degree to cause inconeruity. as determined by the City Council: or b. A depreciation of neighborhood or adjacent property values. Pole buildings, as defined in Section 200.2 of this Ordinance: a. Are prohibited in residential and commercial districts. b. Are permitted within the A-1 and A-2 Districts. only in association with agricultural operations. c. Are allowed in industrial districts as a conditional use; provided the following are met: 1) The structure involves an expansion of an existing pole building; 2) The design and building material conform to the character of the area in which the structure is located; 3) There is documented need for this type of construction; and 4) The provisions of Subsection 400.2F of this Ordinance are considered and satisfactorily met. 67 City of Albertville �O County of Wright Ordinance No 2009- x_ (Accessory Structure Regulations)orlop Page 4 of 4 G. Noisy Uses and Equipment in Side Yards: No accessory uses or equipment such as air conditioning units or condensers, which generate noise may be located in a side yard except for side yards abutting streets where equipment is fully screened from view. SECTION 2. Section 200.2 is hereby amended as follows: OUTDOOR LIVING Any detached accessory building utilized as a living space such as a SPACE: gazebo, screened porch, or play house. THIS AMENDMENT SHALL BE IN FULL FORCE AND EFFECTIVE IMMEDIATELY FOLLOWING ITS PASSAGE AND PUBLICATION. Approved by the Albertville City Council this 2nd day of March 2009. Ron Klecker, Mayor Bridget Miller, City Clerk