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2003-01-21 CC Packet,-,ANNED ALBERTVILLE CITY COUNCIL AGENDA January 21, 2003 7:00 PM 1. CALL TO ORDER — ROLL CALL — ADOPT AGENDA 2. MINUTES (a) January 6, 2003, City Council Meeting 3. CITIZEN FORUM - (10 Minute Limit) 4. (a) Approve payment of claims Check #'s 17428—17460) (b) Approve reduction in Letter of Credit for Cedar Creek South 4`h Addition to $5,000 5. SPECIAL ORDER (a) STMA Youth Hockey Association (Lynn Jurrens, President, and Doug Foster, Vice President) (b) Lt.. Dan Anselment, Wright County Sheriff s Office 6. DEPARTMENT BUSINESS a. Fire Department • None b.. r- (1) WWTF Report C. d. (1) CUP — Smackdown's Bar & Grill (1) Hydrology Study (2) Barthel Industrial Park (3) Public Works Facility — Budget (4) Capital Improvements Budget (5) CSAH 19 update — Trail issues (6) Accept EAW (Towne Lakes Phase II) draft for review City Council Agenda January 21, 2003 Page 2 of 2 None (1) Carpet Country Request (2) Off Premise Signage Report 7. ADJOURNMENT T N ALBERTVILLE CITY COUNCIL January 6, 2003 Albertville City Hall 7:00 PM PRESENT: Mayor Don Peterson, Councilmembers LeRoy Berning, Tim Sweeney, Tom Fay, and John Vetsch, City Engineer Pete Carlson, City Attorney Mike Couri, and City Administrator Linda Goeb Mayor Peterson called the regular meeting of the Albertville City Council to order. The agenda was amended as follows: • Add Item 5f(6) —Off premise signage Vetsch made a motion to approve the agenda as amended. Berning seconded the motion. All voted aye. Berning made a motion to approve the minutes of the December 16, 2002, regular meeting as presented. Sweeney seconded the motion. All voted aye. Mayor Peterson asked if anyone wished to address the Council under Citizen Forum. Dick Borrell, State Representative from this area, introduced himself to the Council. Borrell will be on the Tax Committee that will be reviewing the LGA payments to cities. He asked the Council to contact him with questions or concerns. Sandy Greninger, FYCC, updated the Council on the ice rink. There have been nearly 400 skaters and the ice is very good. There are ten attendants who alternate supervising the warming house and manning the concession stand. There have been a few instances of disruptive behavior, but the situations have been handled. The Council asked City Attorney Couri to look into whether the City could notify disruptive patrons not to frequent the ice rink. Councilmember Berning asked that check #'s 17395, 17397 and 17409 be removed from the Consent Agenda. Fay made a motion to approve the Consent Agenda as follows: • Approve payment of claims (Check #'s 17393 —17 394, Check #17396, and Check 9'sl7398 - 17409) • Approve 3.2 Non -Intoxicating Malt Liquor License for St. Michael Parish School at St. Albert's Parish Center on Saturday, April 12, 2003, from 5:00 PM to 1:00 AM Sweeney seconded the motion. All voted aye. Sweeney made a motion to accept the Public Works/Parks Maintenance Report as presented. Berning seconded the motion. All voted aye. City Engineer reviewed briefly the environment document for the Albertville Business Park. The document must be published for a 30 day comment period in the Environmental Quality Bulletin. The comments are then reviewed. Some of the areas that the document Albertville City Council Minutes January 6, 2003 Page 2 of 3 addresses are wetland issues, air and water quality issues, and traffic generation potential. Publication of the document does not grant approval for the proposed development as proposed. Sweeney made a motion to authorizing the publication for the EAW for the Darkenwald project (Albertville Business Park). Fay seconded the motion. All voted aye. City Attorney Couri reviewed the draft purchase agreement for a portion of Outlet E, Northwest Commercial Park. The agreement is for Callan's Furniture to purchase 235' running feet on 67`h for $351,112 and give them the right of first refusal on the balance of Outlot E. Tim Callan explained to the Council that he intends to build a building for his furniture store with additional lease space. Callan finds the B-2A zoning too restrictive in its permitted uses. He has no problem with the building standards required in the B-2A zone, but he is requesting the property be rezoned to allow B-4 uses. He also requested that closing is set for April 1, 2003. Councilmember Sweeney questioned the need for another furniture store in Albertville Vetsch made a motion to approve the purchase agreement with Callan's Furniture, but requested staff to continue to work on the zoning issues. Beming seconded the motion. Vetsch, Berning, Peterson and Fay voted aye. Sweeney voted no. The motion carried. Court presented the purchase agreement with Carpet Country for the sale of Lot 1, Block 2, Northwest Commercial Park. Sale price is $411,642. Dave Commers, owner of Carpet Country is asking for two contingencies. He wants the sale contingent on the City having enough fill for his site and contingent on the fill material is suitable. Couri explained that there should be no problem with that contingency on the suitability of the fill, but he does not recommend a contingency on amount of fill available. The council agreed to amend the purchase agreement to include the contingency that the fill is suitable but the amount of fill used is based on a site plan approved by the city. Vetsch made a motion to approve the purchase agreement with Carpet Country as amended. Beming seconded the motion. All voted aye. The Council reviewed ORDINANCE 2003-1 (AN ORDINANCE REQUIRING CONSTRUCTION SITES TO BE FREE OF DEBRIS). The ordinance requires all construction sites to be free of debris at all times. Section 1, Paragraph A was amended to add "including secured cover or lid". The building inspector may refuse to inspect any property which has uncontained construction debris. Beming made a motion to adopt ORDINANCE 2003-1 (AN ORDINANCE REQUIRING CONSTRUCTION SITES TO BE FREE OF DEBRIS), as amended. Sweeney seconded the motion. All voted aye. The City has received a complaint regarding the fire department. Some of the issues raised are technical issues on procedures, OSHA guidelines, and good practices insulating city Albertville City Council Minutes January 6, 2003 Page 3 of 3 from liability. The LMC recommended Warren Jorgenson, of the Fire, EMS & Safety Center to do a review of the Fire Department technical issues make recommendations to the City. Court has spoken to Jorgenson. He is knowledgeable, independent, and has done similar type of work in other cities. There is no charge for Jorgenson's services. Jorgenson estimates a three month time line for his review. Vetsch made a motion to contact Jorgenson and have him proceed with the technical review of the Fire Department. Berning seconded the motion. All voted aye. The Council agreed to meet jointly with the I.S.D. 885 School Board and the City of St. Michael from 7:00 — 7:30 PM on Monday, February 3rd. The regularly scheduled Council meeting will be postponed until 8:00 PM. City Administrator Goeb and the department will interview candidates for the position of building permit secretary and assistant water and wastewater position and will make a recommendation to the Council. The Council reviewed the request from Michelle Ertl for stop sign on 57`h Street and Kalland Avenue. Sweeney suggested that Ertl contact the Sheriff's Department and ask for extra patrols in the area. The Council will have more speed limit signs placed along this stretch of street and will check into ordering advisory speed signs. Linda will contact DeWayne Muschik of Precise Metalcraft, Inc, to discuss the potential relocation of his business to Albertville. The Council discussed and revised the appointments for 2003. Beming made a motion to adopt RESOLUTION #2003-1 titled A RESOLUTION MAKING APPOINTMENTS TO CERTAIN OFFICES AND POSITIONS WITHIN THE CITY OF ALBERTVILLE FOR THTE YEAR 2003. Fay seconded the motion. All voted aye. Beming made a motion to approve payment of Check #'s 17395, 17397 and 17409. Sweeney seconded the motion. All voted aye. Beming made a motion to adjourn at 9:40 PM. Vetsch seconded the motion. All voted aye. Don Peterson, Mayor Linda Goeb, City Administrator CITY OF ALBERTVILLE /%20 *Check Detail Register© January 2003 Check Amt Invoice Comment 10100 Pramktt Bank Paid Chk# 017428 1/152003 ARAMARK UNIFORM SERVICES E 601.49450-417 Uniform Rentals $67.30 0141-03 Uniform Sery - Sewage Dept E 101-43100417 Uniform Rentals $67.29 0131-03 Uniform Sery - PIN Dept E 60249400417 Uniform Rentals $67.30 0131.03 Uniform Sery - Water Dept E 10145100417 Uniform Rentals $67.30 0131-M Uniform Sery - Parks Dept Total ARAMARK UNIFORM SERVICES $269.19 Paid Chklf 017429 1/152003 S & B MASONRY E 10141940361 General Liability Ins $2,120.50 03JAN3 Repair - Dugout - tomado E 101-45100361 General LiabilityIns $2,120.50 03JAN3 Repair- Dugout -tornado Total B & B MASONRY $4,241.00 Paid Chk# 017430 1/1&MM SANYON DATA SYSTEMS E 101-41300570 Office Equip and Furnishings $1,056.06 DOW9823 2003 Software Support Contract E 10141400570 Office Equip and Furnishings $1,056.06 00009M 2003 Software Support Contract Total BANYON DATA SYSTEMS $2,112.12 Paid Chk# 017431 1N SQ003 BARBAROSSA & SONS, INC E 45449450310 Other Professional Services $16,175.27 Payment No. 3 Total BARBAROSSA & SONS, INC $16,175.27 Paid Chk# 017432 1/15=3 CENTER POINT ENERGY E 10145100-W3 Gas t101i0es $181.34 0131-03 Gas U01kbs-Park Shelter E 101.43100383 Gas U80ties $394.96 0131-03 Gas Ublifiea-PW Garage E 10142000383 Gas Utilities $653.63 0131-03 Gas UtOif es -Fire Dept E 10141940-M Gas U0lities $141.93 0131-03 Gas Utliif es -City Hall Total CENTER POINT ENERGY $1,371.86 Paid 17433 1/1&IW3 CHOUINARD OFFICE PRODUCTS E 10141400-200 Office Supplies (GENERAL) $84.29 525M Tax Forms Total CHOUINARD OFFICE PRODUCTS $84.29 Paid Chk# 017434 1 15=3 DAVIES WATER EQUIPMENT CO. E 002-49400-250 Meters for Resale $651.84 3153579 Meters for Re -sale E W249400-250 Meters for Resale ($11.33) UC20297 Motors for Resale Total DAVIES WATER EQUIPMENT 00. $640.51 Paid Chk# 017436 1/152003 DEHMER FIRE PROTECTION E 10142000-200 Office Supplies (GENERAL) $381.66 10172 Fire Dept (seals/hydro feet to Total DEHMER FIRE PROTECTION $381.56 Paid Chk# 017436 111 SQ003 DJ'S TOTAL HOME CARE CENTER E 101.42000-200 Office Supples (GENERAL) $45.26 0131-03 Fire Dept Supplies Total DJ'S TOTAL HOME CARE CENTER $45.26 Paid Chk# 017437 1/152003 FEDERATED CO-OPS, INC. E 10143100401 Repair/Maint - Unpaved $8.60 F07789 Bar Line Total FEDERATED CO-OPS, INC. $8.60 Paid Chkffi 017438 1/1&2003 GOPHER STATE ONE -CALL E WI49450-209 Locates $37.20 2120105 Locates - Sewer Dept Total GOPHER STATE ONE -CALL $37.20 Paid Chk# 017439 1/15/2003 KENNEDY & GRAVEN E 45649000.304 Legal Fees $708.75 AL141-0035 Competitive Franchise Total KENNEDY & GRAVEN $708.76 Paid Chko 017440 1/152003 LANO EQUIPMENT CITY OF ALBERTVILLE 01/1610311:03 AM Page 2 *Check Detail Register© January 2003 Check And: Invoice Comment E10143100404 Repair/Makd-Machinery/Equip $653.80 54455 Repair Aternatrkontroller Total LAND EQUIPMENT $653.80 Paid Chk# 017"1 1/152003 LATOUR CONSTRUCTION, INC. E 46349000310 Other Professional Services $109,762.09 Payment No. 7 2002 NW Commercial Total LATOUR CONSTRUCTION, INC. $109,762.09 Paid Chid 017442 1/15=W LEAGUE OF MINNESOTA CITIES E 101<1400-200 Office Supplies (GENERAL) $75.41 2003 Directory 2003 Directories Total LEAGUE OF MINNESOTA CITIES $75.41 Paid Chid 017443 1/152003 MIDWEST ANALYTICAL SERVICES E 80149450.218 Testing Expenses $116.00 128810 Testing Expense (CBOD-5) E WI49450.218 Testing Expenses $116.00 128851 Testing Expense (CBOD-5) E 80149450-218 TeaBng Expenses $156.00 128878 Testing Expense (CSOD-5) Total MIDWEST ANALYTICAL SERVICES $388.00 Paid Chid 017444 1/15=3 MINNESOTA MUNICIPAL UTILITIES E 602-49400-M Professional Srvs (GENERAL) $220.00 21232 2003 Water Member Dues E 10143100.433 Dues and Subscriptions $52.50 21525 2003 drug & Alcohol Testing Total MINNESOTA MUNICIPAL UTILITIES $272.50 Paid Chk# 017445 1/152003 MJB CUSTOM HOMES G 101-228M Landscaping Escrow $3,000.00 420471 Escrow 2 - Sod and 2 Trees Total MJB CUSTOM HOMES $3,000.00 Paid Chk# 017446 1/15=W MONTICELLO ANIMAL CONTROL E 10142700309 Animal Control Contract $38.00 343 Animal Control -Shay Animal Total MONTICELLO ANIMAL CONTROL $38.00 Paid Chk# 017447 1/15/2003 MOON MOTORS E 10142000404 RepaiNMaint- Machinery/Equip $94.64 4139597 Repair motor on pump Total MOON MOTORS $94.54 Paid Chk# 017448 1/152W3 N. A. C. E 1014306 1910Planning Fees $462.45 12334 Outdoor StoragelDisplay E 10141910-3W Planning Fees $528.00 12334 General Planning Services E 10141910-M Planning Fees $25.50 12334 Auto Rental Ord E 101419I GZW Planning Fees $484.35 12334 Zoning Map Amendment E 10141910-306 Planning Fees $17.00 12335 Dons Bus Garag E 10141910-306 Planning Fees $29.75 12335 Smackdown E 462490DO-306 Planning Fees $85.50 12335 Albertville Comm.BMg E 462490003W Planning Fees $1,062.00 12335 Albertville Crossings E 46249000-M Planning Fees $W9.08 12335 Especially for Children E 462490003W Planning Fees $95.00 12336 Heimbach Office/Albertville Cr E 45249000-306 Planning Fees $750.87 12335 JMJ Outlets E 45649000306 Planning Fees $510.80 12335 Towne Lakes PUD E 45349000-%W Planning Fees $122.25 12335 Koliville 2nd E 4534900"W Planning Fees $14.95 12335 KolMlla Cart of Completion E 10141910306 Planning Fees $625.00 12336 General SennceNmtg Total N. A. C. $5,373.10 Paid k# 01744 1/1 3 NORTHERN TRAFFIC SUPPLY, INC. E 10143100.226 Sign Repair Materials $94.79 22-6453 Street Name Signs Total NORTHERN TRAFFIC SUPPLY, INC. $94.79 Paid Chk# 017450 1/152003 POSTMASTER E 60249400-M Postage $71.00 2003 Rental Permit No. 2 Fee E IOI41400413 Office Equipment Rental $66.00 2003 Rental Rental Post Office Box CITY OF ALBERTVILLE 01/1SM311:03 AM Pape 3 *Check Detail Register© January 2003 Check Amt Invoice Comment E 601-49450J22 Postage $71.00 2003 Rental Permit No. 2 Fee Total POSTMASTER $208.00 Peal Chki 017451 1/15/2003 RODEN, KEVIN E 10142000.200 Office Supplies (GENERAL) $37.53 2004 Fire Dept Supplies Total RODEN, KEVIN $37.53 Paid Chk9 017452 1/15/2003 ROGERS RADIATOR E 10143I M404 Repak/Maint - Machinery/Equip $338.33 15700 Repair GM TmddMach Total ROGERS RADIATOR $338.33 Paid Chk0 017453 1/15/2003 S.E.H. E 46349000.303 Engineering Fees $444.88 95374 NW Comm Part Plat 2 E 45649000.303 Enpkreedni; Fees $1,126.95 95404 Towne Lakes 2nd E 10141700303 Engineering Fees $60.35 96405 toe Arena Lot E 10141700-M Engineering Fees $1.919.19 95406 Marketing Materials E 44A49000-303 Engineering Fees $19,102.58 95407 CASH 19 Upgrade E 43849000-303 Engineering Fees $829.53 95408 CC So. 5th E 453-49000303 Engineering Fees $1,394.86 95409 KOINille 2nd E 10141700303 Engineering Fees $1.000.00 95410 Lot Surveys E 463490DO303 Engineering Fees $3,773.75 95411 Darkenwald Comm E 46349000.303 Engineering Fees $4,500.00 95412 NOWest Comm Park E 45049000.303 Engineering Fees $708.94 95413 A V 4th E 45449450303 Engineering Fees $1,590.00 96414 Savitski Lift Station E 45749000.303 Engineering Fees $337.63 95415 Heuring Meadows E 450-49000.303 Engineering Fees $430.43 95416 A V 3d E 438-490OD303 Engineering Fees $60.35 95417 C C S. 6th E 452-49000-303 Engineering Fees $1,877.50 95418 Outlets Phase 3 E 45649OW303 Engineering Fees $1,530.10 96419 Towne Lakes 3 E 10141700303 Engineering Fees $5,306.32 95420 General Services E 44749OW303 Engineering Fees $350.00 95445 57th & CR 19 Traffic Signal E 43849000303 Engineering Fees $245.96 95W CC 7th Add E 101417003W Engineering Fees $2,589.27 96677 PIN Facility Space E 46049000-M Engineering Fees $6W.80 95848 Dec. RPR Biddinp/Const Total S. E. H. $49,935.41 Paid /1 003 SAFETY TRAIN E 10143100433 Dues and Subscriptions $750.00 2003 Members 2003 Safety Training Total SAFETY TRAIN $750.00 Paid Chki 017455 1/15/2003 STEFFENS BROS. MEATS, INC. E 10141100-200 Office Supplies (GENERAL) $400.00 12-17-02 Gift Certificates Total STEFFENS BROS. MEATS, INC. $400.00 Paid h 1 1/1 003 U.S. BANK E 35647000-611 Bond Interest $54,108.12 OOA02-01-03 Interest-2000A Bond E 3W 47000.801 Debt Sry Bond Principal $335.000.00 OOA02-01-03 Principal-2000A Bond E 32447000-601 Debt Sry Bond Principal $20,000.00 93A02-01-03 Prindpal•1993A Bon E 32447000-611 Bond Interest $2.195.00 93A02-01-03 Interest-1993A Bond E 35347000-601 Debt Sry Bond Principal $30,000.00 OBA02-01-03 Prinicipal-1996A GO Bond E 3534700"11 Bond Interest $4,335.00 95A02-01-03 Interest-1996A GO Bond E 35647000-601 Debt Sry Bond Principal t380,000.00 99A02-01-03 Principal-1999A Bond E 35547000-611 Bond Interest $23.427.50 99A02-01-03 Interest-1999A Bond E 354 47000-611 Bond Interest $22.337.50 PF Lease Interset-Public: Facility Rev E 35447000601 Debt Sry Bond Principal $30,000.00 PF Lease Rev Principal -Public Facility Rev Total U. S. BANK $901,403.12 Paid Chk# 017457 1/15/2003 U. S. POSTMASTER E 10142000-200 Office Supplies (GENERAL) $28.00 2003 Rental Rental Post Office Box 56 CITY OF ALBERTVILLE 01116/0311:03 AM Pape 4 *Check Detail Register© January 2003 Check Amt Invoice Comment Total U. S. POSTMASTER $28.00 Paid Chk# 017458 1/15R003 UNLIMITED ELECTRIC E 101-43160.381 Elechic U811tles $181.69 5708 Repair Lights Total UNLIMITED ELECTRIC $181.69 Paid Chid 017459 1/15/2003 WASTE MANAGEMENT E 101-41940-384 Reftme/Gaftipe Disposal $290.38 0467861-1593 Refuse Waste Hauler Total WASTE MANAGEMENT $290.38 Paid Chk# 017460 1/1WW3 XCEL ENERGY E 10141940.381 Electric Utilities $20.27 0131-03 Electrio-LaBeaux Perk-r►Ride E 00149450-381 Electric UtNtbs $1,879.39 0131-03 ElectrbSewage Plant -Mae E 50149450.381 Electric Utilities $181.29 0131-03 Ebchio-60th St4Jft Station E WI49450-381 Electric Utwes 585.21 0131-03 Ebctrio-52rxl SM.I t Station E60149450-381 ElectricUtNtlss $21.39 0131-03 Electdo4Cn.Rd.1&4AStatb E 60149450.381 Electric Utilities $16.37 0131-M Electrio-Kaiser - Lit Station E 10143160381 Electric Utilities $3,802.52 0131.03 Electric -Street Lighting E 10145100381 Electric Ut90bs $14.85 0131-03 Elechio-Main Ave -Parking Lot E 10145100.381 Electric UlOities $173.64 0131.03 Eb&Ao688r Skafi g/Rink E 101-45100-381 Electric Utilities $22.80 0131.03 Electric-51st St-P.Shelter E 10142000-381 Electric Utilities $280.59 0131-03 Electrio-Fire Dept E 10143160-381 Electric Utilities $23.60 0131-03 Ebchic-CR 19 & 37 Trafnc E 10141940-381 Electric Utilities $3.14 0131-03 ElecMc-CPSiren E 101-43100-381 Electric UfflUes $141.82 0131-03 EbcWoM Garage E 10141940.381 Electric Utilities $232.20 0131-03 Ebdrio-CBy, Hall E 101-45100-381 Electric Utilities $7.40 0131-03 Ebctrfo-58th St-P.She ter Total XCEL ENERGY $8,886.48 10100 PremlerBank $1,106,286.78 Fund Summary 10100 Premier Bank 101 GENERAL FUND $32,360.86 3241993A GO REFAMP $22,196.00 3631996A GO TIF BOND $34.335.00 3541999 LEASE/REVENUE $52,337.50 355 ISM GO IMPROVEMENT $403,427.50 356 2000 G.O. SEWER REVENUE $389,108.12 438 CEDAR CREEK N & S $1,135.84 447 57TH ST IMPROVEMENT $350.00 448 CSAH 19 IMPROVEMENT $19.102.68 450 ALBERT VILLAS $1,139.37 452 TRAFFIC LIGHT $2,628.37 463 KOLLEVILLE ESTATES $1,532.08 454 SW LIFT STATION $17,765.27 456 TOWNE LAKES $3,876.60 457 HEURING MEADOWS $337.63 4602000 WWTF EXPANSION $656.80 462 COBURNS $1,801.58 463 NW COMMERCIAL PARK $118,480.72 601 SEWER FUND $2,727.15 602 WATER FUND SM.81 $1,105,286.78 =SEN MEMO d 1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302-1717 320.229.4300 800.572.0617 320.229.4301 FAX TO: Linda Goeb City Administrator Albertville, Minnesota FROM: Peter J. Carlson, P.E. City Engineer DATE: January 3, 2003 RE: Letter of Credit Reduction Cedar Creek South 4th Addition Albertville, Minnesota SEH No. A-ALBEV0011.00 14 All the construction work for Cedar Creek South 4 h Addition is complete. Our office has inspected the improvements and found them to be in compliance with City standards. City policy is to maintain 5 percent in the letter of credit in the second year following completion of the work. Therefore, I recommend the letter of credit be reduced to $5,000. mdh c: Mike Couri, City Attorney Don Jensen, Pilot Land Development w:\a@e =] neonrmeraedilra..—"IOM.doc Short E11WHenhid= Inc. • Your Trusted Resource Equal Opparlurdly Employer DerevDlr, mi. aaav■ (612)497-3384 Fax: (612) 497-3210 �rxx**,e+essaxxa*x�e,es�e+e*,e,ex,c*,e,ra***s+e**a*:**,e,exssx,es�e**mesa*s�e,�s*�e* THIS FORM MUST BE TURNED INTO CITY HALL BY 4:30 PM THE MEDNESDAY BEFORE THE SCHEDULED CITY COUNCIL MEETING. *s*sss*ssss***ssssssssssssssssssssssssssssssssssssssssssssssssss REQUEST TO BE SCHEDULED ON AGENDA ALBERTVILLE CITY COUNCIL MEETING DATE OF MEETING: c a-r„ Z, , z-oo3 NAME: Do, — da A +l p — V P L , r, v\I r r I V . — P re--S Je� DEPARTMENT/ADDRESS: BUSINESS TO BE ADDRESSED BY CITY COUNCIL: �0 Go V�Pi 1�1 l D �Y��rc�GQuce, �I.�Y Sc►VeS. A- 5i �o r T4�5 ACTION REQUESTED OF bCOUNCIL: SIGNED: DATE: d3 4bto) CITY OF ALBERTVILLE MEMORANDUM TO: Mayor and City Council FROM: John Middendorf, Wastewater Department DATE: January 17, 2003 SUBJECT: Wastewater Treatment Facility Report The Wastewater Treatment Plant continues to work well. Ice is accumulating on the oxidation ditch. I will continue to have this problem throughout the winter months. January is the month I do the yearly maintenance on equipment, so I have been busy doing equipment maintenance. We haven't received many applications for the Water and Wastewater opening. I have talked to the Water Environment Technologies Instructor at the St. Cloud Technical College. He gave me a list of recent graduates. I will be calling them to see why they are not applying and asking them to apply. JM:bmm M:\bridgen\My DocvmentsTobhc Works Reports\2003 Reports\W WTF Report 01-03.doc *5775 Wayzata Boulevard, Suite 555, St. Louis ParK, ivirvlephone:952.595.9636 Facsimile:952.595.9837 planners@nacplanning.com PLANNING REPORT TO: Albertville Planning Commission Linda Goeb, City Administrator FROM: John Glomski / Alan Brixius DATE: November 7, 2002 RE: Albertville - Gary Vetsch Conditional Use Permit and Variance request FILE NO: 163.06 - 02.26 BACKGROUND The applicant, Mr. Gary Vetsch, is requesting a conditional use permit (CUP) in order to allow an accessory residential use on the second floor of an existing commercial use (Smack Down's Bar and Grill). The applicant's property is located at 5772 main avenue north east and is zoned B-4, General Business District. The applicants building is an existing non -conforming structure in that it does not meet the following performance standards as described in City Code; 1) 20' Rear yard setback 2) 20' Side yard setback when abutting a residential use 3) Surface treatment for off street parking 4) Parking stall deficiency 5) Location and screening of dumpster 6) Curb cut location The site abuts a single family Residential property to the east and the proposed building addition will further reduce the existing setback from this Residential property. A non -conforming use or structure is not allowed to be expanded unless the nonconformity is lessened. The applicants request results in the need for a variance to the two setback requirements. The remaining non -conformities should be brought into conformance via conditions of the conditional use permit as described in this report. The Planning Commission and City Council will make the decision whether or not the improvements required by the conditional use permit are sufficient in lessening the nonconformity and allowing for the needed variances. The applicants request was discussed during the October 8, 2002 Planning and Zoning Commission meeting, however without a quorum there was no action taken on the issue. Attached for Reference: Exhibit A: Site Survey Exhibit B: Rear Building Elevation Exhibit C: Side Building Elevation Exhibit D: Site Pictures Exhibit E: Possible Parking Layout ISSUES ANALYSIS Conditional Use Permit: A residential use is allowed in a combined structure in the B- 4 district, provided that: 1) When combined with a non-residential use, the uses are separated on independent floors of the structure. Finding: The proposed residential use will be located on a separate floor with a separate enclosed entrance via a stairs at the rear of the building. 2) The provisions of Section 400.2(e) of this Chapter are considered and satisfactorily met. (1) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. Finding: The location of the applicants property is on the border of the B-4 commercial district and the R-1, single family district, in the older central business district of Albertville. The applicants proposal is consistent with the goals and policies of the comprehensive plan in that it is a redevelopment of the central business district. The following are a list of goals and policies of the comprehensive plan that relate to this proposal; Maintain and improve the commercial, retail service focal points for the community. Promote redevelopment efforts to acquire and redevelop substandard and/or non -conforming buildings and properties in conformance with the established district plans. Promote redevelopment of older businesses. Protect and preserve existing neighborhoods. (2) The proposed use is or will be compatible with present and future uses of the area. Finding: The site abuts a residential use with only a fence as a buffer separating the uses, raising some issues in regards to compatibility. Private reinvestment in the property along with adherence to conditions of the conditional use permit, such as garbage enclosure, paving of lot, location of curb cut, and proper hooding of lighting, may alleviate some negative compatibility issues. If the Planning Commission chooses to approve this project, these conditions need to be made in order to address this issue of compatibility. (3) The proposed use conforms with all performance standards contained herein. Finding: The proposed use will be located on the second floor of an existing non -conforming structure. The site is non -conforming in relation to setbacks, parking, trash enclosures, and curb cut location. The requested variances will bring the building closer to the adjoining residential use. If approved, Staff is suggesting a number of site improvements to reduce the site non -conformities and address issues of compatibility. The Planning Commission should determine if the improvements will justify the reduction in setbacks. (4) The proposed use will not tend to or actually depreciate the area in which it is proposed. Finding: Through private reinvestment that will bring this non -conforming site into closer compliance with City Code, this project may revitalize and improve the surrounding area. (5) The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. Finding: The proposed use will not overburden the City's service capacity. (6) Traffic generated by the proposed use is within capabilities of streets serving the property. Finding: This is a single apartment use and thus shouldn't have much if any affect on increased traffic. Variance: The applicants building is a nonconforming structure and site in that it doesn't meet several of the performance standards required by ordinance. The applicant will need a variance to solve the setback issues while the conditions of the CUP will attempt to resolve the remaining issues. Setback Issues: rear yard required: 20' rear yard provided: 17' side yard required: 20' when abutting residential side yard provided: 14.4' side yard after expansion: 9' Finding: This request will expand the non -conformity in that the new entrance will encroach further into the side yard setback and to the adjoining residential property. Staff is suggesting a number of conditions and site improvement to reduce the non- conformity. The Planning Commission should determine if the improvements will justify the reduced setbacks and request for variance. The Zoning Ordinance, Section 500, sets out specific criteria for the review of variance requests. Essentially, the property owner seeking the variance must show that the variance is necessary to allow reasonable use of the property, and that there is hardship in meeting the basic zoning regulations that is peculiar to the land, structure or building involved. Finding: Section 500.1(c)(2)a.3. states that special conditions and circumstances causing undue hardship shall not be a result of lot size or building location when the lot qualifies as a buildable parcel. Consequently, there isn't a clear cut hardship in this particular case. However, it should be noted that the ordinance, in Section 900.2(i), does allow for a non -conforming use of a structure of land to be changed to lessen that non -conformity of use. It is possible that with the granting of the variance and adherence to the recommended conditions and site improvements that the outcome will be a lessening of the non -conformity and an overall improvement to the area. Parking Issues: The use is currently deficient in parking in that it provides approximately 15 off street stalls when the ordinance requires between 50 and 70 for this particular use. (Staff does not have the floor plan of the building, thus was unable to figure out the exact amount, which is based on sq. footage of dining/bar and kitchen) The ordinance does allow for a use to be deficient by up to 50% of the required parking with a joint parking CUP. In addition the existing parking does not have any curbing, pavement, or striping per ordinance requirement. Finding: It has been noted by city staff that the lack of parking has been an issue for the Smack Down Bar, particularly during peak hours and weekends when parking tends to spill across the street to the St. Albert Parish Centers parking lot. As a result debris is often left behind. Staff has review possible parking layouts and as shown in (Exhibit E) came up with a possible layout providing 17 stalls, a location for the trash enclosure, and elimination of the curb cut on the south east corner of the parcel. Although the applicant will not be able to meet the 50% requirement, a joint parking agreement between the applicant and St. Albert Parish Center should be a condition of the CUP so the applicant can take some responsibility for the maintenance and clean up of the parking lot they are currently using. A paving plan needs to be approved by the city engineer and the parking lot should be paved and striped in accordance with City Code, Section 1200.4. Screening and Landscaping: The Ordinance, Section 1000.7, requires that a business abutting a property zoned for residential use provide screening along the boundary of the residential property. Finding: The residential parcel to the east of the applicants property has provided a fence, however the applicant has not provided for any screening or landscaping along the boundary. There may not be room to provide additional screening as required in Section 1000.7 of the ordinance, however, by limiting glare from existing and additional lighting and enclosing the stairwell, the encroachment should have a minimal effect and may improve the overall appearance of the structure. Glare: The Ordinance, Section 1000.10, requires that any lighting used to illuminate an off-street parking area, sign or other structure, shall be arranged as to deflect light away from any adjoining residential zone or from the public streets. The source of lights shall be hooded or controlled in some manner so as not to light adjacent property. Finding: As a condition of the CUP, any lighting added to the entrance to the new use as well as all existing lighting should be hooded so as not deflect light into the adjoining residential property, subject to review of the City Planner. Location and Screening of Dumpster: The Ordinance, Section 1000.15, requires dumpsters to be located in the rear or side yard and screened from neighboring properties. Finding: The applicant currently has his dumpsters unscreened and located in the parking lot. As a condition of the CUP, the dumpsters should be enclosed and screened from view as described in Section 1000.15(b) of the Ordinance. Enclosure plan subject to review of the City Planner. Curb Cut Location: City Ordinance, Section 1200.4(9), states that except with special approval from the zoning administrator, curb cut openings shall be a minimum of five feet from the side yard property line in all districts. Finding: The applicant currently has a curb cut on the south east corner of the lot that splits the lots line, partially on the neighboring property. As a condition of the CUP, the curb cut should be removed or located in a position further west that meets the requirements of city code. A paving plan should be approved by the city engineer. RECOMMENDATION This was a very difficult application to review. The Planning Commission has two alternatives. One option would be to deny the request for variance based on the finding that the requirement for showing hardship has not been met, thus eliminating the need for a conditional use permit. The second option would be for the Planning Commission to approve the variance and conditional use permit based on the finding that the suggested site improvements and conditions will lessen the non -conformity of the site and improve the overall area. Staff is supportive of both alternatives with alternative two being subject to the conditions outlined below. 1) Parking lot is to be paved and striped in accordance with City Code Section 1200.4. A paving plan is to be submitted and approved by City Staff prior to paving. Curbing and landscaping is to be included as illustrated in Exhibit E. 2) Curb cut at south east corner of the parcel is to be removed. 3) A joint parking agreement with St. Albert Parish Center allowing continued use of their parking lot should be signed and submitted to city staff, suitable to the review and approval of the City Attorney. 4) Dumpster should be enclosed and screened from view in accordance with City Code Section 1000.15(b), subject to City Planner review and approval. 5) Any lighting added to the entrance to the residential use as well as all existing lighting should be arranged as to deflect light away from adjoining residential areas as described in Section 1000.10 of the City Ordinance, subject to City Planner review and approval. 6) Rear entry/exit from bar should be used for handicap accessibility or emergency exit only and not for normal everyday use. 7) Building code concerns are met and approved by the building code official. 8) Any further conditions required by the city engineer. PC: Mike Couri Pete Carlson Gary Vetsch 11/01/2002 10:58 7634970774 JM : DOI.ICi.AS A. t10E wcH1TECT5 INC. FW NO. : -1634415469 jr-VfLt8 brAh "MooG.1.INQ► - i DOUGLAS A. rot ARCHITgCTt INOOAPOIIATtO 14424 Yale street Rik. River, Mlnneeote St330 _114t) 4t1-94ea -A,?i z PAGE 01 Dec. 06 2001 10:10AM Pl. J�jl/(LTVII..I.�� MN = 'fO�Up •101� 0722 -Now IWnP rl � - e* -ATE IL^N -I n mr 9, jo 1 . rewtlp. r•k.& EXHIBIT A u z F °N U . I I.. ---n $-i. � 5�s5 ry � I • - --i� i L�tt5 Ian � L X e �\ r r z �\ zfl L m � D W 0 W � I� W w x o EXHIBIT B ZTd Wd6£20 Z00Z 80 0TZ£L60M 'ON XdJ 3711(ud3vd Ac Aim WObd FROM : CITY OF ALBERTVILLE FAX NO. : 7634973210 Oct. 08 2002 02:38PM Pil yT EXHIBIT C __ � r�oUTH � L�yAT1 aN �2 1-21-02 CITY OF ALBERTVILLE City Council Findings of Fact & Decision Conditional Use Permit Variance Applicant's Name: Gary Vetsch Request: The applicant is requesting a conditional use permit (CUP) in order to allow an accessory residential use on the second floor of an existing commercial use (Smack Down's Bar and Grill). The applicant's building is an existing non -conforming structure in the B-4 District. The applicant is requesting a variance to the rear and side yard setback requirements. Planning Commission Public Hearing Date: November 12d', 2002 City Council Meeting Date: December 2nd, 2002; January 21,2003 Findings of Fact: Based on review of the application and evidence received, the City Council now makes the following finding of fact and decision: A. The Planning Report dated November 7, 2002 prepared by NAC is incorporated herein. B. Comments from the City Engineer are incorporated herein. C. The Planning Commission Recommendation for the application is incorporated herein. D. Expansion of the nonconforming structure, in connection with compliance of the required conditions of approval outlined herein, will lessen the non -conformity. E. The Conditional Use Permit is in substantial compliance with the Albertville Zoning Ordinance (with the conditions of approval outlined herein). F. The Variance is in substantial compliance with the Albertville Zoning Ordinance (with the conditions of approval outlined herein). Gary Vetsch/Smack Down's Bar and Grill Findings of Fact and Decision Decision: Based on the foregoing considerations and applicable ordinances, the Conditional Use Permit and Variance are approved based on the most current plans and information received to date, subject to the following conditions: 1. The accessory residential use must be an owner occupied unit. 2. The parking lot is to be paved and striped in accordance with City Code Section 1200.4. A paving plan is to be submitted and approved by City Staff prior to paving. Curbing and landscaping is to be included as illustrated in Exhibit E. 3. The curb cut at the southeast corner of the parcel is to be removed. 4. A joint parking agreement with St. Albert Parish Center allowing continued use of their parking lot should be signed and submitted to City staff, suitable to the review and approval of the City Attorney. 5. The dumpster is to be enclosed and screened form view in accordance with City Code Section 1000.15(b), subject to City Planner review and approval. 6. Any lighting added to the entrance of the residential use and all existing lighting should be modified to deflect light away from adjoining residential area as described in Section 1000.10 of the City Ordinance, subject o City Planner review and approval. 7. Rear entry/exit from bar is to be used for handicap accessibility or emergency exit, not for normal everyday use. 8. Building code concerns are addressed and satisfied via the Building Official. 9. With the parking lot paving plan, a site drainage plan should also be submitted that illustrates site drainage patterns and addresses site drainage along the shared eastern lot line. The drainage plan shall be subject to City Engineer review and approval. Adopted by the Albertville City Council this 2nd day of December 2002. Attest: By: Linda Goeb, City Administrator City of Albertville By: Scott Wallace, Mayor Gary Vetsch/Smack Down's Bar and Grill Findings of Fact and Decision CITY OF ALBERTVILLE City Council Findings of Fact & Decision Conditional Use Permit Variance Applicant's Name: Gary Vetsch Request: The applicant is requesting a conditional use permit (CUP) in order to allow an accessory residential use on the second floor of an existing commercial Use (Smack Down's Bar and Grill). The applicant's building is an existing non -conforming structure in the B-4 District. The applicant is requesting a variance to the rear and side yard setback requirements. Planning Commission Public Hearing Date: November 12, 2002 City Council Meeting Date: December 2nd, 2002 Findings of Fact: Based on review of the application and evidence received, the City Council now makes the following finding of fact and decision: A. The Planning Report dated November 7, 2002 prepared by NAC is incorporated herein. B. Comments from the City Engineer are incorporated herein. C. The Planning Commission Recommendation for the application is incorporated herein. D. The Variance is not in compliance with the required conditions for approval as described in Section 500 of the Albertville Zoning Ordinance. D1. The proposed project fails to show hardship and the extension of the structure into the side yard increases the nonconformity. Decision: Based on the foregoing considerations and applicable ordinances, the Conditional Use Permit and Variance are denied based on the most current plans and information received to date. Adopted by the Albertville City Council this 2"d day of December 2002. Attest: By: Linda Goeb, City Administrator City of Albertville By: Scott Wallace, Mayor =SENMEMOf 4QO 1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 66302.1717 320.229.4300 800.572.0617 320.229.4301 FAX TO: Linda Goeb City Administrator Albertville, Minnesota FROM: Peter J. Carlson, P.E. City Engineer DATE: January 9, 2003 RE: Storm Water Management Mud and School Lake Albertville, Minnesota SEH No. P-ALBEV 0305.00 10 Attached the memo I presented to the council in September 2002 regarding a hydrology study and a storm water management plan. At the time, I recommended delaying proceeding with the study until we knew if the MPCA was going to require the City to prepare a Phase H storm water permit. This decision has been delayed until June 2003. Because of this delay, I am now recommending the City proceed with the hydrology study and storm water management plan. Please add this item to the next council agenda for discussion. The requested action would be to authorize the hydrology study and preparation of the storm water management plan. djg Enclosure c: Shannon Smith, SEH w:W A(805\—�Yh)dmIogYd1a I&C Shad Elliot) Hendudreon Inc. YcurTrusted Resauree Equal Opportunity EmdoYer A5E0MEMORANDUM 1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302.1717 320.229.4300 800.572.0617 320.229.4301 FAX TO: Mayor, Council Members City of Albertville FROM: Pete Carlson, P.E. City Engineer (SEH) DATE: August 28, 2002 RE: Storm Water Management Plan and Hydrologic Study SEH No. P-ALBEV0305.00 You may recall a recent letter from the Wright County Soil and Water Conservation District (SWCD) that identified a serious potential for future flooding problems in Albertville. The August 12, 2002, letter explains that future flooding could result from further development and redevelopment projects within the City without first having a better understanding of the downstream impacts and the capacity of the existing drainage systems. Another issue you have likely heard of is the National Pollutant Discharge Elimination System (NPDES) Phase II storm water permit requirements for "small" urban areas (primarily cities) that are intended to regulate storm water discharges from municipal separate storm sewer systems (MS4s). The regulations are mandated by the USEPA and administered in Minnesota by the Minnesota Pollution Control Agency (MPCA). The MPCA completed a Phase II permit for small MS4 cities and has published a list of cities that are subject to the regulations. Albertville is not on the original list published by MPCA. However, additional cities will be designated as Phase II cities in December 2002 and we anticipate that Albertville will be included at that time. The original Phase II cities have until March 10, 2003, to complete a Storm Water Pollution Prevention Program (SWPPP) and submit a Notice of Intent (NOI) for permit coverage. Cities designated in December will have an additional 18 months to comply with these requirements. A related, but not required, element of the Phase II SWPPP efforts is to collect and summarize the available water resources and storm water management data (land use, surface waters and hydrology, soils and geology, etc.) for the City. This effort is similar to background sections of a City's storm water management plan (SWMP). We recommend that these background sections, hydrologic study and Phase II SWPPP be combined into a single document to serve as the City's comprehensive SWMP. For your consideration, we have prepared the following fee estimates to complete these tasks for the City: Hydrologic Study (North Portion of City) $10,500 Prepare Background for SWMP $ 2,300 Phase II SWPPP and NOI (includes $3,000 software package) $21,500 Expenses (Mileage photographs reproductions) $ 1•700 Total $36,000 c: Shannon Smith, SEH, St. Cloud Ron Leaf, SEH, St. Paul Shad Died Hendrick= Inc. VeurTrusted Rest ume Equal opportunity Employer 440 C C O N f� a o a a r w w M» 6M9 V1 69 {q (A M e O 0�0 O O O Or ? O H b M r V1 N 00 6N9 W CCCC��1� ss{{WC p O N N P N W Vi N� cNn rNn cNv of Fn ca �' e I q O N O O� Ft ^— �ryyl U 69 N 69 69 fH Vf W :c O O PO O N N O T O P C O oOO Ooq 'tVyJII 7 m 06 a vVVVVV��yyy��f d�c o o�od eo ssr yy Q O N N M V9 O 69 m o F, H� a N O a 7 0] F q {yN U= o c m_ °' c p on o o m Z o 6$ ou S o o W U uy� •-oo'QFF N £Q Yx c v 5$•09 O•yF �$oo 0 q e d F[il Ftid til v]viw rn ZQQF [i][il .]{il . 0 a CARPET COUNTR 7500 Lakeland Avenue No. Brooklyn Park, MN 55428 - - (763) 425-714 FAx (763) 425-2864 rred to us by past customers." carpetcountoearthlink.net "9 out of 10 of our new customers are refe January 10, 2003 City Manager and City Council of Albertville 5975 Main Avenue Albertville, MN 55301 Dear Linda and Council Members, I am prepared to purchase the lot on the north side of the new street across from Slumberland Furniture. I had some misinformation about the availability of fill that is needed for that lot, but now I find the city doesn't have the necessary fill that I can have. I have a purchase agreement from the-city.attomey to purchase this lot for $411,642.00.1 have a bid from Dennis Fehn to bring this site to build able level for $129,000.00 of which $18,000.00 is for fill alone. My question is can you reduce the lot price by $18,000.00? This would give me the help I need to improve the lot for the $129,000.00. If you can make this concession, I will purchase this lot and would hope to begin construction in April of 2003. I thank you for your very kind consideration. I think this location would be a great site for our expansion plans. If this is acceptable I will send you a check for $10,000.00 as earnest money and arrange the balance with the bank in Albertville. Warm Regards, Dave Commers