The URL can be used to link to this page

2015-03-02 CC Agenda Packet City of Albertville Council Agenda Monday, March 2, 2015 City Council Chambers 7:00 PM PUBLIC COMMENTS -The City of Albertville welcomes and encourages public input on issues listed on the agenda or of general community interest. Citizens wishing to address the Council regarding specific agenda items, other than public hearings are invited to do so under Public Forum and are asked to fill out a “Request to Speak Card”. Presentations are limited to five (5) minutes. M:\Public Data\City Council\Council Agendas\2015 Agendas\2015-03-02 CC Agenda.doc Meeting Date: March 2, 2015 1. Call to Order 2. Pledge of Allegiance – Roll Call 3. Recognitions – Presentations - Introductions 4. Public Forum – (time reserved 5 minutes) 5. Amendments to the Agenda 6. Consent Agenda All items under the Consent Agenda are considered to be routine by the City staff and will be enacted by one motion. In the event an item is pulled, it will be discussed in the order it is listed on the Consent agenda following the approval of the remaining Consent items. These items will be approved by a separate motion. A. Approve the February 17, 2015 regular City Council meeting minutes as presented (pgs 4-8) B. Authorize the Monday, March 2, 2015 payment of claims as presented, except bills specifically pulled which are passed by separate motion. The claims listing has been provided to City Council as a separate document and is available for public view at City Hall upon request (pg 9) 7. Public Hearings – None 8. Department Business A. Planning/Zoning 1). Rezoning Application from Westbridge Community Church/Leuer- Munstertieger Properties, Inc. to Rezone Outlot A, Heuring Meadows, from B-2, Limited Business District to P/I, Public Institutional District (pgs 10- 39) (Motion to: • Approve the requested rezoning through the adoption of Resolution No. 2015-006 and Ordinance No. 2015-02 OR • Deny the requested rezoning through the adoption of Resolution No. 2015- 006) Agenda Page 1 City of Albertville Council Agenda Monday, March 2, 2015 Page 2 of 3 M:\Public Data\City Council\Council Agendas\2015 Agendas\2015-03-02 CC Agenda.doc Meeting Date: March 2, 2015 2). Nelson Billboard Height Variance Request (pgs 40-65) (Motion to: • Deny the request for the billboard height variance through the adoption of Resolution No. 2015-007 OR • Approve the request for the billboard height variance through the adoption of Resolution No. 2015-007) B. City Council 1). Committee Updates (STMA Arena, Planning, JPWB, Parks, Fire Board, etc.) C. Finance 1). 4th Quarter Report – Un-audited (pgs 66-67) – No Action Required D. Legal 1). City Attorney Report (pgs 68-69) – No Action Required E. City Clerk 1). Set Workshop for 2015 Goal Setting and Priorities – Motion Needed (Previously scheduled for 6:00 p.m. prior to this meeting, but was cancelled) F. Public Works/Engineering – None G. Building – None H. Administration 1). Full-Time Fire Chief/Fire Marshal/Emergency Manager Position (pgs 70-71) 2). City Administrator’s Update (pgs 72-73) 9. Announcements and/or Upcoming Meetings March 9 STMA Ice Arena Board, 6:00 p.m. March 10 Planning Commission, 7:00 p.m. March 16 City Council, 7:00 p.m. March 23 Joint Powers Water Board, 6:30 p.m. Parks Committee, 8:00 p.m. March 30 Joint Governance Meeting, 6:00 p.m. April 6 City Council, 7:00 p.m. April 13 STMA Ice Arena Board, 6:00 p.m. April 14 Planning Commission, 7:00 p.m. April 20 City Council, 7:00 p.m. April 27 Joint Powers Water Board, 6:30 p.m. Agenda Page 2 City of Albertville Council Agenda Monday, March 2, 2015 Page 3 of 3 M:\Public Data\City Council\Council Agendas\2015 Agendas\2015-03-02 CC Agenda.doc Meeting Date: March 2, 2015 MARCH Su M Tu W Th F Sa 1 CC 2 3 4 5 6 7 8 Ice 9 PC10 11 12 13 14 15 CC 16 17 18 19 20 21 22 JP23PK 24 25 26 27 28 29 JM 30 31 APRIL Su M Tu W Th F Sa 1 2 3 4 5 CC 6 7 8 9 10 11 12 Ice 13 PC14 15 16 17 18 19 CC 20LBAE 21 22 23 24 25 26 JP 27 28 29 30 10. Adjournment Agenda Page 3 Page 1 ALBERTVILLE CITY COUNCIL TUESDAY, February 17, 2015 DRAFT MINUTES ALBERTVILLE CITY HALL 7:00 PM 1. CALL TO ORDER – PLEDGE OF ALLEGIANCE Mayor Hendrickson called the meeting to order at 7:04 p.m. 2. ROLL CALL Present: Mayor Hendrickson and Council members Hudson and Sorensen Absent: Council members Olson and Vetsch Others Present: City Administrator-PWD Adam Nafstad, City Attorney Mike Couri, City Planner Al Brixius, City Clerk Kimberly Olson, and Pastor Jeremiah Curran 3. RECOGNITIONS – PRESENTATIONS – INTRODUCTIONS – None 4. PUBLIC FORUM – (time reserved 5 minutes) Jeremiah Curran, 851 Kayla Lane in Hanover, introduced himself to the Council. He stated he is the pastor of Westbridge Community Church and they have a rezoning application that was heard at a public hearing of the Planning Commission. He indicated the item is slated to be before Council at the next meeting, but was available this evening should the Council have any questions. 5. AMENDMENTS TO THE AGENDA Motioned by Sorensen, seconded by Hendrickson, to approve the Agenda as presented. Ayes: Hendrickson, Hudson, and Sorensen. Nays: None. Absent: Olson and Vetsch. MOTION DECLARED CARRIED. 6. CONSENT AGENDA All items under the Consent Agenda are considered to be routine by the City staff and will be enacted by one motion. In the event an item is pulled, it will be discussed in the order it is listed on the Consent agenda following the approval of the remaining Consent items. These items will be approved by a separate motion. A. Approve the February 2, 2015 regular City Council meeting minutes as presented Agenda Page 4 City Council Meeting Minutes Page 2 Regular Meeting of February 17, 2015 B. Authorize the Tuesday, February 17, 2015 payment of claims as presented, except bills specifically pulled which are passed by separate motion. The claims listing has been provided to City Council as a separate document and is available for public view at City Hall upon request Motioned by Hudson, seconded by Sorensen, to approve the Consent Agenda as presented. Ayes: Hendrickson, Hudson, and Sorensen. Nays: None. Absent: Olson and Vetsch. MOTION DECLARED CARRIED. 7. PUBLIC HEARINGS – None 8. DEPARTMENT BUSINESS A. City Council 1). Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, etc.) Fire Board Sorensen reported they have selected two finalists for a second interview. That interview group will include two members of the Fire Department and will interview in two groups of four for each candidate. Hendrickson inquired if the finalists were going to attend a meet and greet with the whole Fire Department. Nafstad stated the committee instead asked for members that were interested in participating in the interview process and two indicated they would like to participate. Sorensen stated that after the second interview, they hope to have a finalist. Nafstad inquired at what Council meeting in March the offer of employment should be approved. Hendrickson stated that the second meeting in March would be a long time for a candidate to wait and would prefer to see it at the first meeting in March. Sorensen agreed. Hendrickson stated that she is confident in the process that has been used and Hudson stated he also felt it was a trustworthy process. STMA Ice Arena Board Hudson reported the Board heard a feasibility study from the Minnesota Amateur Sports Commission (MASC). He stated they do pro bono work for organizations in Minnesota. MASC determined there was demand for a second sheet of ice and that operations could operate in the black. The Board authorized a phase two of the study to determine how a second sheet of ice could be funded. Hudson reported the Board discussed the budget for 2015 and there is a projected operations deficit. Planning Commission Hudson reported the Commission voted 3-0 to recommend approval of the rezoning for Westbridge Community Church. He stated there were many present at the meeting in support of the rezoning. He also reported that the Commission recommended denial of the Nelson billboard variance. Brixius clarified it was a 2-1 vote for recommending denial. Brixius also stated that ultimately the Council will make the final decision for both applications. Agenda Page 5 City Council Meeting Minutes Page 3 Regular Meeting of February 17, 2015 Brixius stated the Commission also recommended approval of amending variance criteria to meet Minnesota State Statures. Brixius stated that he will bring forward findings and resolutions for both approval and denial at the next Council meeting for the Westbridge Community Church rezoning and Nelson billboard variance requests. B. Planning/Zoning 1). Variance Review Criteria Brixius reported that Minnesota State Statutes have changed the criteria for variances and the ordinance before Council will match the new State Statutes. The new language moves away from proving physical hardship to proving non-economic practical difficulties. The need for the variance cannot be created by the property owner and the request for the variance must be reasonable. He reported they kept previous language that requires the applicant to prove the need for a variance. The Planning Commission recommended approval of the ordinance. Motioned by Hendrickson, seconded by Hudson, to adopt Ordinance 2015-01 Amending Appendix A, Zoning Ordinance of the Albertville City Code, Related to Changes to Chapter 500, Section 500.1 Variance Review Criteria. Ayes: Hendrickson, Hudson, and Sorensen. Nays: None. Absent: Olson and Sorensen. MOTION DECLARED CARRIED. C. Legal 1). Sale of Prairie Run Lots Couri reported the City acquired 17 lots from the State that went tax forfeit. There are two standard cul-de-sac lots the City now owns and staff is proposing to sell those lots with sealed bids. Staff has received several calls from interested parties that are interested in the lots. The minimum bid would be $35,000 to maximize proceeds to the City. If the City pursues a sealed bid process, the City will be required to take the high bid received or reject all bids. Couri explained the history of the special assessments on the properties. He also explained there are also litigation costs that the City incurred during trial with the previous developer. Motioned by Hendrickson, seconded by Hudson, to advertise for bids for the sale of Lots 35 and 37, Block 2, Prairie Run consistent with the proposed advertisement. Ayes: Hendrickson, Hudson, and Sorensen. Nays: None. Absent: Olson and Vetsch. MOTION DECLARED CARRIED. D. Finance – None E. City Clerk – None F. Public Works/Engineering – None G. Building – None Agenda Page 6 City Council Meeting Minutes Page 4 Regular Meeting of February 17, 2015 H. Administration 1). City Administrator’s Update Nafstad stated he recently met with representatives from STMA Youth Hockey and MASC to discuss next steps. MASC will move forward with looking for financing solutions to fund a second sheet of ice at the arena. Nafstad stated that the City was approached by Shop St. Michael to discuss the possibility of changing it to Shop STMA to include Albertville businesses. This would not be a function of the City. Hendrickson stated that if it does happen, she would like it advertised on the City’s website. Nafstad stated staff opened bids for the 57th Street NE improvement project and bids came in at figures similar to last year. Sorensen inquired about the scheduled workshop prior to the next City Council meeting. Brixius stated the meeting will be to set 2015 priorities and reaffirm goals and policies for the community for the next ten years. Sorensen inquired of Pastor Curran on the timing of when the church building would be constructed. Curran reported that it depends on the financing for Westbridge Community Church. Brixius stated that there are additional costs and items to consider such as traffic access, preliminary and final plat, and site and building plan review. Couri added that they may need to do a traffic study/analysis when the property is platted. Sorensen inquired about current taxes that are paid yearly on the property. Couri replied the City’s portion is approximately $4,000. Sorensen would like to see Planning Commission minutes included in the City Council agenda packets. Nafstad reported they have received FEMA funds. Nafstad reported that he and Mayor Hendrickson attended Transportation Day at the Capital. They attended several meetings and that resulted in the opportunity to testify in front of the House Transportation Committee in support of Corridors for Commerce funding opportunities. Sorensen inquired about the status of the added Public Works position. Nafstad replied staff is working on the job description and will be tailoring the description largely for parks. The position will be advertised in the coming months with a start date targeted for July. Agenda Page 7 City Council Meeting Minutes Page 5 Regular Meeting of February 17, 2015 9. ANNOUNCEMENTS AND/OR UPCOMING MEETINGS February 23 Joint Powers Water Board, 6:30 p.m. Parks Committee, 8:00 p.m. March 2 City Council, 7:00 p.m. March 9 STMA Ice Arena Board, 6:00 p.m. March 10 Planning Commission, 7:00 p.m. March 16 City Council, 7:00 p.m. March 23 Joint Powers Water Board, 6:30 p.m. Parks Committee, 8:00 p.m. March 30 Joint Governance Meeting, 6:00 p.m., St. Michael City Center FEBRUARY MARCH Su M Tu W Th F Sa Su M Tu W Th F Sa 1 CC 2 3 4 5 6 7 1 CC 2 3 4 5 6 7 8 Ice 9 PC 10 11 12 13 14 8 Ice 9 PC10 11 12 13 14 15 H 16 CC 17 18 19 20 21 15 CC 16 17 18 19 20 21 22 JP23PK 24 25 26 27 28 22 JP23PK 24 25 26 27 28 29 JM 30 31 10. ADJOURNMENT Motioned by Sorensen, seconded by Hendrickson, to adjourn the meeting at 8:07 p.m. Ayes: Hendrickson, Hudson, and Sorensen. Nays: None. Absent: Olson and Vetsch. MOTION DECLARED CARRIED. Respectfully submitted, ___________________________________ Kimberly A. Olson, City Clerk Agenda Page 8 Mayor and Council Request for Action M:\Public Data\City Council\Council Packet information\2015\030215\2015-03-02 Finance Bills Report (RCA).doc Meeting Date: March 2, 2015 February 26, 2015 SUBJECT: CONSENT - FINANCE – PAYMENT OF BILLS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: Authorize the Monday, March 2, 2015 payment of the claims as presented except the bills specifically pulled, which are passed by separate motion. The claims listing has been provided to Council as a separate document. The claims listing is available for public viewing at City Hall upon request. BACKGROUND: The City processes claims on a semi-monthly basis. The bills are approved through their respective departments and administration and passed onto the City Council for approval. KEY ISSUES: • Account codes starting with 810 are STMA Arena Expenses/Vendors (bolded) and key issues will be presented in the claims listing document. POLICY/PRACTICES CONSIDERATIONS: It is the City’s policy to review and approve payables on a semi-monthly basis. FINANCIAL CONSIDERATIONS: City staff has reviewed and recommends approval of payments presented. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve all bills pursuant to Minnesota State Law, which requires all bills to be paid in a timely manner, generally within 30 days unless one party determines to dispute the billing. Responsible Person: Tina Lannes, Finance Director Submitted through: Adam Nafstad, City Administrator-PWD Attachment: List of Claims (under separate cover) Agenda Page 9 Mayor and Council Request for Action M:\Public Data\City Council\Council Packet information\2015\030215\2015-03-02 Westbridge Church Rezoning RCA.docx Meeting Date: March 2, 2015 February 26, 2015 SUBJECT: PLANNING - REZONING APPLICATION FROM WESTBRIDGE COMMUNITY CHURCH/LEUER-MUNSTERTIEGER PROPERTIES, INC. TO REZONE OUTLOT A, HEURING MEADOWS, FROM B-2, LIMITED BUSINESS DISTRICT TO P/I, PUBLIC INSTITUTIONAL DISTRICT RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: • Approve the requested rezoning through the adoption of Resolution No. 2015-006 and Ordinance No. 2015-02 OR • Deny the requested rezoning through the adoption of Resolution No. 2015-006 BACKGROUND: Westbridge Community Church and Leuer-Munstertieger Properties, Inc. have submitted an application requesting that Outlot A, Heuring Meadows, be rezoned from B-2, Limited Business to P/I, Public Institutional District to allow the site to be developed as a church. Westbridge Community Church is proposing an initial development of an approximately 17,600 square-foot church with a seating capacity of 600 people. They are also proposing a 204 stall parking lot. On February 10, 2015, the Albertville Planning Commission met and held a public hearing to consider this request. After considering the February 5, 2015 planning report, the applicant’s presentation, and public testimony, the Planning Commission closed the public hearing and recommended that the City Council approve the rezoning of Outlot A, Heuring Meadows, from B-2, Limited Business District to P/I, Public Institutional District. KEY ISSUES: 1. Outlot A, Heuring Meadows, is 11.5 acres in total area. This outlot was created in 2001. 2. The site is guided by the Albertville Comprehensive Plan for commercial use and zoned B-2, Limited Business District. The land use for the site was originally established in 1998 and was reaffirmed with the 2012 Albertville Vision Study. 3. Review of the rezoning request against the City’s Vision Study reveals that the land use change is contrary to the City’s long range land use plan and the stated goals and policies of the Comprehensive Plan. Agenda Page 10 Mayor and Council Request for Action – March 2, 2015 Rezoning for Westbridge Community Church/Leuer-Munstertieger Properties Page 2 of 3 M:\Public Data\City Council\Council Packet information\2015\030215\2015-03-02 Westbridge Church Rezoning RCA.docx Meeting Date: March 2, 2015 4. The B-2 Zoning District does not permit large assembly land uses or churches. As such, the change in zoning to P/I District is needed to allow for church development. 5. The proposed church use will have characteristics similar to the B-2 commercial uses except for the large assembly activities. 6. The proposed rezoning, if approved, will isolate a single B-2 zoned lot at its northwest corner. 7. The proposed use was presented as a concept plan. The proposed use will need to file for the following development applications: a. Subdivision, Preliminary Plat, and Final Plat. This application will require the church to address the provision of access to County Road 19 and access to the adjoining property to the north, utility extension, and development fees. b. Site and Building Plan Review. The application must address site plans, grading, drainage, stormwater treatment, etc. 8. The site as a church use will remove the property from property taxes. a. The City currently receives approximately $4,000 in annual taxes in current agricultural use. b. Developed as commercial, the 11.5 acre site has the future potential to generate approximately $416,000 in total taxes. The City’s share would be 32% or $133,216. c. Developed as commercial, the 11.5 acre site would generate $8,200 per acre of park dedication. The City does not have a park dedication for public or institutional uses. 9. The applicant has outlined that churches provide economic benefits to the communities where they are located in the following manner: a. Churches are a major attractor to a community, drawing people to the community for church services and activities. This attraction produces spin off business to local retailers and restaurants. b. The church provides social services within the community and larger area. The pastor cited that the services may be valued as high as $160,000 annually. 10. The City Attorney has provided an opinion that a contract service agreement in lieu of taxes is unenforceable. Agenda Page 11 Mayor and Council Request for Action – March 2, 2015 Rezoning for Westbridge Community Church/Leuer-Munstertieger Properties Page 3 of 3 M:\Public Data\City Council\Council Packet information\2015\030215\2015-03-02 Westbridge Church Rezoning RCA.docx Meeting Date: March 2, 2015 11. The site has utility capacity to serve the proposed church. The extension of utilities into the site shall be the responsibility of the church. 12. The adjoining streets have the capacity to accommodate the change of use. The introduction of a large assembly use may accelerate the need for the installation of a traffic signal at 53rd Street and County Road 19. POLICY/PRACTICES CONSIDERATIONS: The decision to change zoning is a policy decision of the City Council. The City may change land use and zoning at its discretion. The Planning Commission, with a 3-0 vote, recommended the change in zoning for Outlot A, Heuring Meadows, from B-2, Limited Business District to P/I, Public Institutional District. Resolutions outlining findings for both approval and denial are provided for Council consideration. FINANCIAL CONSIDERATIONS: The financial implications of the zoning change are outlined in the key issues section of this RCA. LEGAL CONSIDERATIONS: Outside of the Twin Cities Metropolitan Area, zoning is the dominant document. The City Council may change the zoning without a change to the Comprehensive Plan. Responsible Person/Department: Alan Brixius, City Planner Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: February 5, 2015 Planning Report February 10, 2015 Draft Planning Commission Minutes Resolution No. 2015-006 Approving Rezoning and Ordinance No. 2015-02 Resolution No. 2015-006 Denying Rezoning Agenda Page 12 4 PLANNING REPORT TO: Adam Nafstad FROM: Alan Brixius DATE: February 5, 2015 RE: Albertville – Westbridge Community Church Zoning Map Amendment FILE NO: 163.06 – 15.01 BACKGROUND The Westbridge Community Church, along with Leuer Munsterteiger Properties Inc., have requested a zoning map amendment to rezone Outlot A of Heuring Meadows from B-2, Limited Business District to P/I, Public Institutional District to allow the development of a church on this site. This outlot is located at the northwest corner of County Road 19 and 53rd Street North. Exhibit A shows a concept plan illustrating a church approximately 17,600 square feet in area with an auditorium seating capacity of 600 seats. The concept plan shows access to a 204 stall parking lot from both County Road 19 and 53rd Street North. Attached for reference: Exhibit A: Westbridge Concept Plan Exhibit B: Site Survey Exhibit C: 1998 Proposed Land Use Plan Exhibit D: 1998 Zoning Map Exhibit E: 2012 Proposed Land Use Plan ISSUES AND ANALYSIS Zoning Amendment Criteria. Section 300.1.F of the Albertville Zoning Ordinance outlines the following review criteria that the Planning Commission and City Council shall use in evaluating any proposed zoning map amendment. Agenda Page 13 5 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. In 1998, the Albertville City Council adopted amendments to its Proposed Land Use Plan and zoning map, creating a 500 foot deep commercial zoning along both sides of County Road 19, from the Cottages of Albertville south to 50th Street (Exhibits C and D). In taking these actions, the City Council made the following findings: a. Single family residential homes along County Road 19 were not seen as the highest and best use along this major street. b. The commercial zoning will provide opportunities for increased commercial development opportunities within the City. c. County Road 19 has the capacity to accommodate traffic generated by commercial development. In 2012, the City undertook the 2030 Vision Study for the City to re-evaluate the Comprehensive Plan goals and policies for the City. As part of the 2030 Vision Study, the City re-examined the proposed land use patterns for the City and an updated Proposed Land Use Plan (Exhibit E). This current land use map guides the subject site for commercial land uses. The following 2030 Vision Study goals and policies apply to the requested changes in zoning: Pace of Growth: Goal 1: Manage growth that provides quality development and does not fiscally burden the City. Policy 4: Maintain its current planned commercial and industrial land use patterns and zoning. Commercial: Goal 1: The City will continue to promote commercial development by the City taking advantage of its access to Interstate 94 and the growing population of Albertville and its adjoining communities. Policy 1: The City will promote commercial development within locations of the City’s commercial areas as guided in the Albertville Proposed Land Use Plan. Agenda Page 14 6 Policy 2: The City should be patient with infill commercial development to insure proper access, quality site design, and quality architecture. Maintaining high design and construction standards related to architecture, site design, and landscaping was recommended. Economic Development: Goal 1: The Vision Committee identified commercial and industrial growth as a priority for the community. The City will become more aggressive in its economic development promotion efforts. Policy 1: The City shall define its land use goals for commercial and industrial areas as related to: a. Location, land supply, variable lot sizes. b. Access. c. Zoning – types of use, site design, architectural quality. d. Utility availability and capacity. Finance: Goal 1: Maintain Albertville as a financially sound, self-sustaining community. Policy 7: The City will promote new growth consistent with its adopted Land Use Plan to expand its employment base and to grow its commercial and industrial tax base. The requested change in zoning from B-2 to P/I District is contrary to the City’s Proposed Land Use Plan and the goals and policies of the 2030 Vision Study. The current guided commercial pattern has existed since 1998 and has been established to take advantage of the City’s proximity and access to I-94 and County Road 19, a major transportation route. In 2012 with the adoption of the 2030 Vision Study, the City Council recognized that Albertville has a limited amount of vacant land. The goals and policies are protective of the City’s commercial and industrial land use patterns as a means of taking advantage of the City’s geographic advantage within the County, as a means of growing its tax base, providing local employment opportunities, and providing commercial services to the residents of Albertville and adjoining cities. 2. The proposed use is or will be compatible with present and future land uses of the area. The Heuring Meadows final plat was approved in 2001. The plat design and the creation of Outlot A are reflective of the 1998 Proposed Land Use Plan for commercial development along County Road 19. The adjoining single family Agenda Page 15 7 homes are oriented to the west with rear yards abutting Outlot A. The grading plan provided a landscaped berm to separate the residential and future commercial land uses. The introduction of the P/I zoning would remove 11.5 acres of land from future commercial development. The zoning change will also isolate a B-2 zoned lot located on the northeast corner of Outlot A, between residential zoning to the north and the proposed public institutional property to the south. The future redevelopment of this parcel was anticipated to occur in conjunction with development of Outlot A. With the change in zoning, this site redevelopment will be isolated and must stand on its own. The City must recognize that the proposed change of zoning of Outlot A will impact the development potential of the remaining B-2 zoned site with regard to use and site design. The current B-2, Limited Business District recognizes the site’s proximity to the residential neighborhood. The purpose of the B-2, Limited Business District is as follows: 4300.1: PURPOSE: The purpose of the B-2 limited business district is to provide for low intensity, retail or service outlets. The uses allowed in this district are to provide goods and services on a limited community market scale and located in areas which are well served by collector or arterial streets at the edge of residential districts. The range and intensity of commercial uses are limited reflecting the intended purpose of the zoning district. Past B-2 commercial development exists south of the subject site along Kyler Avenue. These uses include office, Shoppes at Prairie Run, veterinary clinic, and the medical clinic. The current zoning district, in addition to the City’s zoning performance standards, will create compatible land use patterns. Other churches in Albertville have located at the periphery of residential neighborhoods at locations of adjoining major collector streets. The concept plan provides an illustration of the proposed church on the site. The site plan shows a 17,500 square foot building with a 204 stall parking lot on the 11.5 acre site. The majority of the site remains undeveloped. In discussion with the applicant, this represents a first phase development and the site is desirable in that it provides area for growth. Churches offer more than a place of worship and in this regard, a church may include schools, day care, early child development programs, night services, and youth programs that expand church programs and activities beyond weekend services. These expanded uses have the characteristics similar to commercial land uses regarding hours of operation and use intensity. The exception is that the B-2 District does not allow large assembly uses such as theaters, conference Agenda Page 16 8 centers, or banquet halls where large events may occur or may concentrate traffic leaving a site after large assembly events. In considering land use compatibility criteria, the City must consider the change of land use and its impact on both the adjoining residential neighborhoods as well as on the remaining commercially zoned properties. This consideration must not be limited to the submitted concept plan, but must consider future growth of the church, potential of expanded church uses (i.e., school, day care, etc.), as well as the potential for outdoor uses. 3. The proposed use conforms with all performance standards contained herein. The applicant has submitted a concept plan that illustrates building placement, proposed access, and parking. The plan shows that the building meets the P/I District setbacks. If the zoning amendment is approved, the church will be required to meet all Albertville Zoning and Subdivision Ordinance requirements. The following development applications will be required to process the development of this site: a. Subdivision (Preliminary and Final Plat). The subject site exists as Outlot A, Heuring Meadows Addition. The City Subdivision Ordinance prohibits the issuance of a building permit to an outlot. This must be replatted into a lot and block description. The subdivision will need to address shared access from County Road 19 for both Outlot A and the existing lot to the northeast to secure two points of access for both lots. The City and property owner will need to negotiate the provision of either an easement or platting of a street. b. Site and Building Plan Review. The change in zoning will allow the church as a permitted use. However, this use will be subject to a site and building plan review by the Planning Commission and City Council. 4. The proposed use will not tend to or actually depreciate the area in which it is proposed. The introduction of the church to Outlot A is not anticipated to negatively impact the single family homes to the west. The change in zoning will impact the remaining B-2 zoned lot located at the northeast corner of Outlot A. All past planning anticipated that the existing lot would be redeveloped in conjunction with the development of Outlot A, creating cohesive commercial land use patterns where commercial properties would benefit from proximity to one Agenda Page 17 9 another through accumulative attraction and business interchange. With the change of zoning, the lot at the northeast corner of Outlot A becomes an isolated commercial property. The change in zoning from B-2 to P/I will also impact the Albertville City tax base. Churches are tax exempt properties that do not pay local property taxes. The change in zoning would remove 11.5 acres of commercially zoned land from the tax base. For comparison, the Shoppes at Prairie Run is a B-2 zoned property south of the subject site. This shopping center sits on 1.36 acres, has a 2014 total estimated market value of $1,117.400, and generates $49,284 in total annual property taxes. The Shoppes at Prairie Run generates approximately $37,200 of total property tax per acre. Applying this per acre tax generation to the 11.5 acre subject site, we can estimate that it could generate approximately $416,300 in total annual property taxes when fully developed. The total property taxes are shared between the County, School District, and the City. The City’s share of the total property taxes is approximately 32% of total taxes ($416,300 X 32% = $133,216). The applicant has offered to pay a service cost to offset the loss of property taxes. They have utilized service agreements in the Cities of Blaine and Lake Elmo. In discussions with the City Attorney, he does not believe that the City can require the church to waive their tax exemption seeing that other churches in the community do not pay taxes or costs of services. Even with a signed agreement, if the church refused to pay for services, the City Attorney believes that the agreement would likely be unenforceable for lack of consideration, particularly in light of the fact that state law specifically exempts religious properties from paying real estate taxes which fund these services. Because such service agreements are likely unenforceable, the City Attorney recommends that such a service agreement not be considered as a factor in the decision to rezone this property. In contacting Blaine and Lake Elmo city staff, their service agreements pay only for public works and public safety costs. In Blaine, their agreement is for the Minnesota School of Business, which is located in an industrial zoning district. Their service agreement is for $13,000 per year. This agreement was offered by the school and was accepted by the City. The City acknowledged that the service costs are less than the property tax amounts. 5. The proposed use can be accommodated with existing public services and will not overburden the City’s service capacity. Agenda Page 18 10 The City has planned and developed utility and street infrastructure to accommodate commercial development on the subject site. The change in land use will not overburden the City’s service capacity. 6. Traffic generation by the proposed use is within the capabilities of streets serving the property. The site is served by County Road 19 and 53rd Street. Both streets have the capacity to accommodate traffic. Access from County Road 19 will require County permits. Cross easements and/or a street may be needed to insure two points of access to both Outlot A and the lot at the northeast corner of Outlot A. This access issue would be addressed with the replatting of Outlot A. CONCLUSION AND RECOMMENDATION The Albertville 2030 Vision Study and Proposed Land Use Plan are very protective of its existing commercial and industrial land use patterns. The commercial land use patterns have been established to take advantage of the City’s proximity to major transportation corridors and its access to the interstate. The patterns provide for a uniform pattern of development. Additionally, the City has made economic development a priority goal, to expand its commercial and industrial tax base, to reduce tax burdens on residential properties, expand local employment opportunities, and provide a variety of commercial services to both Albertville residents and residents of adjoining communities. In review of the application to amend the zoning for Outlot A of Heuring Meadows, we offer the following findings and recommend denial of the zoning amendment: 1. The requested zoning change is contrary to the Albertville 2030 Vision Study Proposed Land Use Plan and the goals and policies of said plan. 2. The proposed zoning change would disrupt the continuity of the commercial zoning pattern along County Road 19 and isolate a B-2 zoned parcel. In isolating this single commercial parcel, the zoning would negatively impact the future redevelopment of this parcel. 3. The City would lose a commercial site and tax base from its development. The proposed service agreement would not generate revenue equal to projected taxes and would not represent a legally enforceable agreement. 4. The change of zoning would establish a precedent for similar zoning amendment requests of commercially zoned properties. Agenda Page 19 11 5. The City has other vacant land not zoned commercial that may be considered without the negative impacts outlined in this report. If the City is favorable to the change of zoning, the City should amend its 2030 Vision Study and outline conditions and findings by which this change in land use is acceptable. c: Kim Olson Sue Schwalbe Paul Heins Mike Couri Leuer Munsterteiger Properties Inc. (via email) Westbridge Community Church (via email) Agenda Page 20 EXHIBIT A1212Agenda Page 21 EXHIBIT B1313Agenda Page 22 EXHIBIT C1414Agenda Page 23 EXHIBIT D 15 15 Agenda Page 24 -04,000 8,0002,000FeetSources: Northwest Associated Consultants, DNR, Wright County, City of Albertville.Note: For planning purposes only. January 18, 2010.City of AlbertvilleProposed Land Use PlanProposed Land Use PlanAgriculture/RuralLow Density ResidentialMedium Density ResidentialHigh Density ResidentialCommercialBusiness ParkIndustrialPublic/Semi-PublicPark/Open SpaceGolf CourseparcelsAlbertville City LimitsWaterMUDLAKESCHOOLLAKESWAMPLAKEEXHIBIT E 16 16 Agenda Page 25 UNAPPROVED PLANNING AND ZONING COMMISSION MINUTES TUESDAY, FEBRUARY 10, 2015 1. CALL TO ORDER / ROLL CALL / ADOPT AGENDA Chair Klecker called the meeting to order at 7:00 p.m. Present: Acting Chair Ron Klecker, Commissioner Jeremy Dominick, and Commissioner Mark Barthel and City Council Representative Walter Hudson. Absent: Commissioners Natalya Lindberg and Dale Edberg Staff members present: Alan Brixius and Sue Schwalbe Others Present/Public: Jacob Steen, 8300 Norman Center, Bloomington, Minnesota Steve Nelson, 7656 128th Street, Apple Valley, Minnesota Tim Demery, 6448 82nd Street NE, Monticello, MN 55362 Jeremiah and Chein Curran, 851 Kayla Lane, Hanover, MN 55341 Jason and Jenny Becker, 6733 East Oak Drive, Monticello, MN 55362 Jeremy and Pargi Martin, 5680 Iffert Avenue NE, St. Michael Jason and Amanda Richardson, 486 Fourth Street NE, St. Michael Greg Vetsch, 350 Creekside Drive, St. Michael Juston Dahmen, 11199 69th Street NE, Albertville Adam L’Herault, 7534 Lander Avenue NE, Otsego, MN 55301 Duale and Jan Capps, 11631 55th Street NE Albertville J. Dawn and J. Bremmer, 13947 55th Street NE, St. Michael Lance Burda, 12455 60th Street NE, Albertville Chad Bennett, 565 Sycamore Circle NW, St. Michael Jared Grove, 6572 Mason Avenue NE, Otsego Stat Puseth, 13399 Hynes Road, Rogers Samantha and Andrew Grimsle, 111 Rambling Creek Drive, SE. St. Michael Marcia and Dexter Phillips, 4883 Kassel Avenue NE, Albertville Melissa Harrison, 5462 Kalland Avenue NE, Albertville Amanda Conrad, 18689 Traverse Lane, Big Lake, MN 55309 Dominick moved, second by Klecker, to approve the agenda as submitted. Motion carried unanimously. DRAFTAgenda Page 26 City of Albertville Planning and Zoning Commission Minutes February 10, 2015 Page 2 2. APPROVAL OF MINUTES Dominick moved, second by Barthel, to table approval of the minutes of the October 14, 2014 Planning Commission Minutes. Motion carried unanimously. 3. APPOINTMENT OF OFFICERS Barthel moved, second Hudson, to nominate Ron Klecker as Planning Commission Chair and Jeremy Dominick Planning Commission Vice-Chair. Motion carried unanimously. 4. PUBLIC HEARINGS a. Public Hearing to consider a request by Westbridge Community Church for a zoning map amendment to rezone Outlot A of Heuring Meadows, located at the northwest corner of County Road 19 and 53rd Street NE, from B-2, Limited Business District to P/I, Pubic Institutional District to allow the development of a church. Alan Brixius presented the planning report dated February 5, 2015 to the Planning Commission for their consideration. Section 300.1.F of the Albertville zoning ordinance outlines the review criteria for evaluating a change to the City’s zoning map. Following these criteria Mr. Brixius offered the following analysis: 1. The site is guided for commercial land use in the Albertville long range land use map. This land use was originally established for the site in 1998. More recently this land use guidance was reaffirmed with the adoption of the 2012 Vision Study. Review of the requested zoning change finds that it is contrary to the City’s long range land use plan and the stated goals and polices of the 2012 Vision Study. 2. The current B-2 limited business zoning is to provide for low intensity retail and service outlet that may be compatible with adjoining residential neighborhoods. This district does not allow for large assembly land uses, as such the rezoning is required to allow a church. A church will have similar use characteristics as commercial during the week; however, large assembly activities go beyond the current B-2 district. The change in zoning will interrupt the proposed land use pattern planned along C.R. 19 and will isolate a single B-2 zoned parcel between the church site and townhomes to the north. 3. The proposed use must conform to all performance standards of the Albertville development codes. Mr. Brixius noted that the rezoning was only a first step. The site exists as an outlot and must be subdivided/ platted before a building permit may be issued. Through the subdivision process the City and applicant must determine how the site will access C.R. 19 and whether this DRAFTAgenda Page 27 City of Albertville Planning and Zoning Commission Minutes February 10, 2015 Page 3 will be a share access with the site to the north. The institutional use would also require a site and building plan review through the Planning Commission and City Council. 4. The change in zoning cannot tend to depreciate the area where it is proposed. With regard to this item, Mr. Brixius offered the following comments: a. The church would have no negative impact on the adjoining residential properties to the west. b. The church will isolate a single B-2 lot to the north. The City has planned to have all the B-2 properties in this area be developed in a cohesive pattern, with shared access as a means of promoting accumulative customer attraction and business interchange between businesses. The change in zoning will impact the use, design, and value of this remaining B-2 lot. c. The change of use will remove 11.5 acres of commercial zoned land for the property taxes. Mr. Brixius compared this site with Shoppes at Prairie Run, another B-2 site that generates approximately $37,000 per acre annually in property tax. Using this figure, Mr. Brixius estimated that the subject 11.5 acre site could annually generate $416,000 in total property taxes when fully developed. The City’s share would be approximately 32% or $133,000. The balance of this amount would go to the County and School District. d. The applicant has offered a service agreement to compensate the city for services in lieu of taxes. The City Attorney has given an opinion that these service agreements are not enforceable. State law exempts religious properties for paying real estate taxes which fund these services. 5. Mr. Brixius indicated that the in-place utilities have the capacity to accommodate either the planned commercial use or the proposed church. 6. Mr.Brixius indicated that the adjoining streets have been designed for commercial development on the subject site. They will have the capacity to accommodate a church. The introduction of any large assembly land use at this time may expedite the need for a traffic signal at 53rd Street NE and C.R. 19. At the conclusion of the Mr. Brixius’ presentation, he indicated that the staff recommendation is to deny the rezoning request based on the findings outlined in the February 5, 2015 Planning report. Commissioner Dominick questioned the access and easements. Chair Klecker questioned the ownership of the street within the subject site if shared access from C.R. 19 were constructed. Brixius responded the streets could be private easements or public right-of-way. Chair Klecker indicated the City has other properties for a church and does not agree with the result in loss of the commercial property and is concerned with traffic flow. Chair Klecker opened the Public Hearing at 7:40 p.m. DRAFTAgenda Page 28 City of Albertville Planning and Zoning Commission Minutes February 10, 2015 Page 4 Jerimiah Curran, Pastor of Westbridge Community Church, gave a basic history of the Church and addressed staff’s findings as follows: 1. Pastor Curran challenged the consistency with the comprehensive plan stating that the rezoning application provides a process to reexamine the land use and zoning. This process allows the City to reconsider its guided land use. 2. Pastor Curran stated that the church would have land use characteristic similar to commercial uses and would be a compatible neighbor with the adjoining residential neighborhood. He indicated that the church would share in the cost of intersection signalization if traffic volumes warranted a new traffic signal at 53rd Street NE and C.R. 19. 3. If the rezoning is approved, the church will follow the development application process for subdivision and site and building plan approval. The church development will comply with the City’ development regulations. 4. Pastor Curran acknowledged the loss to property tax revenues. He explained that the church will provide economic benefit to the community. He stated that churches provide social services to the community and surrounding areas not otherwise offered. These social services may have a value as high as $160,000 annually. He also stated that the church is a major attraction to a community, attracting people on a regular basis to the community. These people will patronize local retailers, service providers, and restaurants. 5. The church will not overburden local utilities, services, or streets. If a traffic signal is needed at 53rd Street NE and C.R, 19 the church would share in the cost. Commissioner Barthel questioned the applicant if they had met with staff to discuss options and Curran indicated they had met with staff. Tim Demry, Monticello, addressed the Commission stating this would be a great use for bringing non- residents into Albertville to use gas stations, restaurants, etc. Jarod Grove of Otsego, addressed the Commission also stating this would be a good use for the property. Melissa Hanson, Albertville resident for 13 years, stated she is not a member of Westbridge Church but is an abutting neighbor of the property and believes this would be a good use of the property as it has sat dormant for years. Dexter Phillips, Albertville, stated this property would be finally put to use. Chair Klecker closed the Public Hearing at 8:45 p.m. City Council Representative Hudson stated he believes this is what he would like Albertville to be and this property has been vacant for too long. He also stating Westbridge Community Church needs might change in 20 years and relocate. DRAFTAgenda Page 29 City of Albertville Planning and Zoning Commission Minutes February 10, 2015 Page 5 Commissioner Dominick concurs with Hudson stating this property has been vacant too long. Commissioner Barthel believes this property should be considered prime real estate and is okay with this use. Dominick moved, second by Klecker, to recommend approval of the request of Westbridge Community Church for a zoning map amendment to rezone Outlot A of Heuring Meadows, located at the northwest corner of County Road 19 and 53rd Street NE, from B-2, Limited Business District to P/I, Public Institutional District to allow the development of a church. Motion carried unanimously. City Council Representative Hudson excused himself from the meeting. b. Public Hearing to Consider a request by Stephen H Nelson Land Company for a variance from the City’s maximum 30 foot billboard height standard. The applicant is requesting a 40 foot high billboard. Alan Brixius presented the planning report dated January 27, 2015 to the Planning Commission for their consideration. Mr. Brixius stated that there are arguments both for and against granting the variance. He offered the following analysis based on variance review criteria: The variance offers reasonable use of the property not permitted by the zoning ordinance. Pros: 1. The site is zoned B-3 Highway Commercial District. This district allows both commercial uses and the billboards as a permitted use. 2. The site qualifies as a billboard site based on the City’s spacing and setback performance standards 3. The additional sign height will preserve the potential of the site for development of a commercial building. 4. This site is 18.5 feet below the freeway elevation immediately north of the site. Cons: 1. The variance is not a reasonable use of the site in that the billboard was approved for the site at a 30-foot height. This height was acceptable and the applicant provided acknowledgement of future freeway improvement and a waiver of damages that may result if improvements would impair sight lines to the sign. DRAFTAgenda Page 30 City of Albertville Planning and Zoning Commission Minutes February 10, 2015 Page 6 The plight of the property owner is due to circumstances unique to the property and not created by the property owner. Pros: 1. The site is very small in area and is further complicated by the easements and setbacks that reduce the buildable area of the lot to just 26% of the total lot area. The additional sign height will allow for the combination of a commercial building and sign on the same site. 2. The City’s Comprehensive Plan, goals, and policies promote the preservation of the City’s commercial guided land. The combination of uses through the variance would allow additional future commercial development on this property. Cons: 1. Without a timetable for site development, there is no assurance that the variance will allow future development of the site. 2. The practical difficulty is a plight created by the property owner with his desires to develop the site with both a building and a billboard. Absent this combination, the height variance is not required. 3. Absent the variance, the site may still be utilized for commercial development or billboard or a combination of both and the impaired sight lines to a 30-foot tall sign is a condition created by the property owner. Variance will not change the essential character of the locality; Pros: 1. The site meets the 1000-foot spacing standards for a new billboard. 2. The Knechtl billboard located north across the freeway to this site was granted a variance for a 40 foot high billboard to overcome the elevation differential between the site and freeway. Cons: 1. The proposed 40-foot billboard will be located in closer proximity to the future C-D road and freeway ramp than other billboards. Variance will not impair light or air to adjacent property. Mr. Brixius indicated that due to the location of the site and the proposed sign variance would not negatively impair light or air to adjacent properties. DRAFTAgenda Page 31 City of Albertville Planning and Zoning Commission Minutes February 10, 2015 Page 7 Variance will not diminish property values. Mr. Brixius indicated that the site location is somewhat isolated and the sign variance will not significantly impact adjoining properties. The preservation of the site for future commercial development would contribute to the City’s future tax base. Absent the variance approval. the City Code would deny the property owner reasonable use of the property. Mr. Brixius stated the site without the variance can be reasonably used as either a billboard site as reflected in the approval of a previous sign permit or the site can be reasonably developed with a commercial building as reflected with the approval of the original subdivision and the submission of the original site concept plan. It is the combination of uses that creates the need for the variance. The City must determine if the combination of uses on this site is reasonable. Granting this variance will not convey special privilege to this property owner that would be denied to other properties in the same district. Mr. Brixius indicated that this site is unique in size, location, elevation below the freeway, and billboard eligibility so that approval of the variance will confer special privileges to the applicant. Mr. Brixius concludee his presentation citing that the Planning Commission has two options on this application. Their decision should weigh the presented analysis and should be supported by the findings for either approval or denial. Chair Klecker opened the public hearing at 8:40 p.m. Jacob Steen addressed the Planning Commission requesting the variance be granted for the retail use of the property. He is currently working with a developer and the development requires the variance. Steen also stated the sign would donate five hours per month for the City of Albertville for community messages. Commissioner Barthel stated he has spoken with residents and they do not want a taller sign. Chair Klecker stated that a 30-foot high sign was approved and the applicant should apply for a 40-foot high sign when the building will be constructed. Dominick moved to recommend approval to the City Council to approve a variance is reasonable and meets the criteria for variance. 1. The site is zoned B-3, Highway Commercial District and both commercial building development and billboards are an allowed use within the district. 2. The site meets the spacing and setback standards of the Albertville Sign Code to be eligible for the construction of a new legally conformed billboard. DRAFTAgenda Page 32 City of Albertville Planning and Zoning Commission Minutes February 10, 2015 Page 8 3. The requested height variance is necessary to allow the site to accommodate both the approved billboard and a commercial building. The preservation of the site for a future building is consistent with the Albertville’s 2012 Vision Study goals and policies including: • Maintain its current planned commercial and industrial land use patterns and zoning • Promote commercial development by the City to take advantage of its access to I-94 and the growing population of Albertville and adjoining communities • Be patient with infill development to insure property access, quality site design, and quality architecture 4. The City finds that the site has the following practical difficulties unique to the site that complicates the reasonable use of the site that were not created by the property owner: • The site, due to setbacks and easements, only has 26% of the lot area as being buildable • The site is 18.5 feet below the freeway elevation • The site is one of the few locations within the City that meets the billboard spacing requirements that make it eligible for a new billboard 5. The variance will not change the essential character of the area due to the site’s isolated location and the billboard’s separation from other billboards. 6. The requested variance will not impact traffic congestion, public safety, or diminish property values. 7. The variance is needed to overcome practical difficulties with the site and will not confer special privileges denied other eligible billboard sites having similar practical difficulties. With no second, the motion failed. Barthel moved, second by Klecker to recommend to the City Council the variance criteria have not been met, and deny the variance with the following findings: 1. The variance is not a reasonable use of the site in that the billboard was approved for the site at a 30- foot height. This height was acceptable and the applicant provided acknowledgement of future freeway improvements and a waiver of damages that may result if improvements would impair sight lines to the sign. 2. Without a timetable for the site development, there is no assurance that the variance will allow future development of the site. 3. The practical difficulty is a plight created by the property owner with his desires to develop the site with both a building and a billboard. Absent this combination, the height variance is not required. 4. Absent the variance, the site may still be utilized for commercial development or billboard or a combination of both and the impaired sight lines to a 30 foot tall sign is a condition created by the property owner. Roll Call Vote: Chair Klecker: Aye Commissioner Barthel: Aye Commissioner Dominick: Nay DRAFTAgenda Page 33 City of Albertville Planning and Zoning Commission Minutes February 10, 2015 Page 9 c. Public Hearing to consider a zoning text amendment to Chapter 500, Section 500.1.B, Variance Review Criteria of the Albertville Zoning Code, making this section consistent with the Minnesota State Statutes 462.357, Subd. 6.2. Alan Brixius presented the planning report dated February 3, 2015 to the Planning Commission for their consideration. Chair Klecker opened the Public Hearing at 9:15 p.m. There were no comments Chair Klecker closed the Public Hearing at 9:15 p.m. Commissioner Barthel stated this is basically a house keeping issue. Dominick moved, second by Barthel, to recommend approval to the City Council to consider a zoning text amendment to Chapter 500, Section 500.1.B, Variance Review Criteria of the Albertville Zoning Code, making this section consistent with the Minnesota State Statutes 462.357, Subd. 6.2. Motion carried unanimously. 5. OTHER BUSINESS Mr. Brixius invited the planning commissioners to attend a joint city council and planning commission workshop at 6:00 p.m. on March 2, 2015 to participate in the 2015 goal setting. This workshop will review the 2012 Vision Study and outline community priorities for the next ten years. 6. ADJOURNMENT Barthel moved, second by Dominick to adjourn meeting at 9:30 p.m. Motion carried unanimously. Respectfully submitted, _____________________________ Sue Schwalbe, Recording Secretary DRAFTAgenda Page 34 Page 1 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2015-006 RESOLUTION APPROVING THE REQUEST OF WESTBRIDGE COMMUNITY CHURCH AND LEUER-MUNSTERTIEGER PROPERTIES, INC. TO REZONE OUTLOT A, HEURING MEADOWS, FROM B-2, LIMITED BUSINESS DISTRICT TO P/I, PUBLIC INSTUTITIONAL DISTRICT WHEREAS, Westbridge Community Church and Leuer Munstertieger Properties Inc. has submitted an application requesting a change in zoning from B-2, Limited Business District to P/I, Public Institutional District for land legally described as Outlot A, Heuring Meadows; and WHEREAS, the Albertville Planning Commission met on February 10, 2015 and held a public hearing to consider this requested zoning change; and WHEREAS, upon considering the February 5, 2015 planning report, presentation by the applicant, and public testimony, they closed the public hearing and recommended that the City Council approve the requested change of zoning with a 3-0 vote with the following findings: 1. No commercial development has occurred on the property since the land use plan was first established in 1998. The proposed development would bring a use to this vacant site. 2. The proposed use would be compatible with the residential neighborhood to the west. 3. The proposed church would contribute to the City’s economic growth by attracting people to the community, provision of services, and spin off business opportunities for nearby commercial areas. 4. The site will still have to undergo both subdivision and site and building review approvals by the City. Said plans must meet all City zoning and subdivision performance standards. 5. The site has utility capacity for a church. 6. The adjoining streets have capacity to accommodate traffic from the church. If a signal is needed at County Road 19 and 53rd Street NE, the church will need to contribute to its cost; and WHEREAS, the City Council has reviewed the planning report and the findings of the Planning Commission and agrees with the Planning Commission’s findings and recommendation. Agenda Page 35 City of Albertville Resolution No. 2015-006 Meeting of March 2, 2015 Page 2 NOW, THERFORE, BE IT RESOLVED that the City Council adopts the aforementioned findings of the Planning Commission and approves Ordinance No. 2015-_____ for the change of zoning from B-2, Limited Business District to P/I, Public Institutional District for land legally described as Outlot A, Heuring Meadows. Adopted by the City Council of the City of Albertville this 2nd day of March, 2015. Jillian Hendrickson, Mayor ATTEST: Kimberly A. Olson, City Clerk Agenda Page 36 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 2015-02 AN ORDINANCE AMENDING THE CITY OF ALBERTVILLE ZONING MAP THE CITY COUNCIL OF THE CITY OF ALBERTVILLE, MINNESOTA ORDAINS: SECTION 1. The Albertville Zoning Map is hereby amended changing the zoning for the property legally described as Outlot A, Heuring Meadows from B-2, Limited Business District to P/I, Public Institutional District. This amendment shall be in full force and effective immediately following its passage and publication. Adopted by the Albertville City Council this 2nd day of March, 2015. ___________________________________ Jillian Hendrickson, Mayor ATTEST: ______________________________ Kimberly A. Olson, City Clerk Agenda Page 37 Page 1 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2015-006 RESOLUTION DENYING THE REQUEST OF WESTBRIDGE COMMUNITY CHURCH AND LEUER-MUNSTERTIEGER PROPERTIES, INC. TO REZONE OUTLOT A, HEURING MEADOWS, FROM B-2, LIMITED BUSINESS DISTRICT TO P/I, PUBLIC INSTUTITIONAL DISTRICT WHEREAS, Westbridge Community Church and Leuer Munstertieger Properties Inc. has submitted an application requesting a change in zoning from B-2, Limited Business District to P/I, Public Institutional District for land legally described as Outlot A, Heuring Meadows; and WHEREAS, the Albertville Planning Commission met on February 10, 2015 and held a public hearing to consider this requested zoning change; and WHEREAS, upon considering the February 5, 2015 planning report, presentation by the applicant, and public testimony, they closed the public hearing and recommended that the City Council approve the requested change of zoning with a 3-0 vote with the following findings: 1. No commercial development has occurred on the property since the land use plan was first established in 1998. The proposed development would bring a use to this vacant site. 2. The proposed use would be compatible with the residential neighborhood to the west. 3. The proposed church would contribute to the City’s economic growth by attracting people to the community, provision of services, and spin off business opportunities for nearby commercial areas. 4. The site will still have to undergo both subdivision and site and building review approvals by the City. Said plans must meet all City zoning and subdivision performance standards. 5. The site has utility capacity for a church. 6. The adjoining streets have capacity to accommodate traffic from the church. If a signal is needed at County Road 19 and 53rd Street NE, the church will need to contribute to its cost; and WHEREAS, the City Council has reviewed the planning report and the findings of the Planning Commission and disagrees with the Planning Commission’s findings and recommendation; and Agenda Page 38 City of Albertville Resolution No. 2015-006 Meeting of March 2, 2015 Page 2 WHEREAS, upon review of the application, the City Council makes the following findings: 1. The requested zoning change is contrary to the Albertville proposed long range land use plan and the goals and policies of the 2012 Vision Study. 2. The proposed zoning change would disrupt the continuity of the commercial zoning pattern along County Road 19 and isolate a B-2 zoned parcel. In isolating this single commercial parcel, the zoning would negatively impact the future redevelopment of the parcel. 3. The City would lose a commercial site and tax base from its development. The proposed service agreement would not generate revenue equal to projected taxes and would not represent a legally enforceable agreement. 4. The change of zoning would establish a precedent for similar zoning amendment requests of commercial zoned properties. 5. The City has other vacant land not zoned commercial that may be considered without the negative impacts outlined in the February 5, 2015 planning report. NOW, THERFORE, BE IT RESOLVED that the City Council adopts the aforementioned findings of the City Council and denies the change of zoning from B-2, Limited Business District to P/I, Public Institutional District for land legally described as Outlot A, Heuring Meadows. Adopted by the City Council of the City of Albertville this 2nd day of March, 2015. Jillian Hendrickson, Mayor ATTEST: Kimberly A. Olson, City Clerk Agenda Page 39 Mayor and Council Request for Action M:\Public Data\City Council\Council Packet information\2015\030215\2015-03-02 Nelson Billboard RCA.docx Meeting Date: March 2, 2015 February 26, 2015 SUBJECT: PLANNING - NELSON BILLBOARD HEIGHT VARIANCE REQUEST RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTOIN TO: • Deny the request for the billboard height variance through the adoption of Resolution No. 2015-007 OR • Approve the request for the billboard height variance through the adoption of Resolution No. 2015-007 BACKGROUND: On January 9, 2015, Stephen H. Nelson Land Company submitted an application for a variance to allow for a 40-foot high billboard at property located at 11200 60th Street NE. This variance request follows a previous Sign Ordinance text amendment and an approved sign permit for a 30-foot high billboard for the site in question. The applicant is requesting the additional sign height in order to keep the small commercial site available for a future commercial building and to overcome the negative elevation difference between the site and Interstate 94. The Planning Commission met and held a public hearing on this application on February 10, 2015. After considering the January 27, 2015 planning report and public testimony, the Planning Commission recommended that the variance request be denied on a 2 to 1 vote. KEY ISSUES: 1. The site is guided and zoned commercial use. The B-3, Highway Commercial Zoning District allows both commercial uses and billboards. 2. With the recently approved sign ordinance amendment, the subject site is eligible for a billboard meeting the City’s spacing and setback standards. 3. The applicant has demonstrated that the site elevation is 18.5 feet below the Interstate 94 freeway elevation. Only the Knechtl site located immediately north of the subject site has a comparable grade differential. Agenda Page 40 Mayor and Council Request for Action – March 2, 2015 Nelson Billboard Height Variance Page 2 of 2 M:\Public Data\City Council\Council Packet information\2015\030215\2015-03-02 Nelson Billboard RCA.docx Meeting Date: March 2, 2015 4. The site has a limited buildable area due to setbacks and existing easements. This complicates the placement of both a building and billboard on the site. 5. The applicant has received approval for a 30-foot high billboard and submitted an acknowledgement and waiver for obstructed sight lines due to Interstate 94 or County Road 19 future improvements. 6. The attached January 27, 2015 planning report outlines and provides analysis of the key issues in relation to the variance review criteria. POLICY/PRACTICES CONSIDERATIONS: The January 27, 2015 planning report weighs both the argument in favor and opposed to the variance request. The Albertville Planning Commission voted 2 to 1 to recommend denial of the sign height variance with findings for denial outlined in the planning report. We have attached resolutions for both denial and approval for City Council consideration. FINANCIAL CONSIDERATIONS: None. LEGAL CONSIDERATIONS: The attached resolutions provide findings that are consistent with the City’s review criteria that will support the City Council decision. Department/Responsible Person: Alan Brixius, City Planner Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: January 27, 2015 Planning Report February 10, 2015 Draft Planning Commission Minutes (Attachment to Westbridge Community Church/Leuer-Munstertieger Rezoning RCA) Resolution No. 2015-007 Denying the Variance Request Resolution No. 2015-007 Approving the Variance Request Agenda Page 41 PLANNING REPORT TO: Adam Nafstad FROM: Alan Brixius DATE: January 27, 2015 RE: Albertville – Stephen Nelson Billboard Height Variance FILE NO: 163.06 – 14.07 BACKGROUND In October 2014, the City of Albertville amended its sign code to make the lot at 11200 60th Street an eligible site for a billboard. With this amendment, the City issued a sign permit in November 2014 for a billboard provided it meet the following conditions: 1. The plans are revised to illustrate a total sign height not to exceed 30 feet above grade. 2. Submission of plans that illustrate the proposed exterior materials for the sign support structure. The materials must comply with the code requirements and be approved by the City. 3. The operation of the electronic changeable advertising device shall abide by the terms of the Albertville Sign Code in terms of duration of message; prohibition of motion messages, special effects, and live video; and sign illumination. 4. City Attorney approval of the Acknowledgement and W aiver. The Acknowledgement and Waiver be recorded against the property title. 5. The applicant obtains a building permit from the City Building Official. In December 2014, the applicant appeared before the City Council and asked if the Council would be open to allowing a 40 foot tall sign. This taller sign is needed to allow the lot to accommodate a commercial building in addition to the billboard due to the lot size, setback requirements, and required parking. In Council discussion, they were open to considering a variance that would allow for future commercial building, however, concern was expressed with establishing precedent for billboard sign heights and uniform treatment of all billboard owners and property owners. Agenda Page 42 2 Stephen H. Nelson Land Company has made application for a major variance to allow a 40 foot high billboard at 11200 60th Street in Albertville. With this application, the applicant has submitted the following exhibits: Exhibit A: Site Location Exhibit B: Letter from Larkin Hoffman Exhibit C: Site Plan Without Billboard Exhibit D: Site Plan With Billboard Exhibit E: Cross Section View of Billboard Exhibit F: I-94 Elevation Profiles In 2011, the State changed regulations for the consideration of a variance. In evaluating the following criteria, we present findings that both support and argue against the variance. The Planning Commission and City Council will weigh this analysis and make a final decision on the application. A. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Ordinance. The applicant is requesting a taller sign to accommodate the future development of a commercial building under the billboard. The additional billboard height is intended to allow the future construction of a single story, 16 foot tall commercial building, maintain appropriate clearances between the building roof and the sign, and preserve sight lines. Pros: 1. The site is guided for commercial land use and is zoned B-3, Highway Commercial Zoning District. Both commercial land uses and billboards are permitted within the zoning district. 2. The Albertville 2012 Vision Study guides this site for commercial land use. The plan policies specifically promote commercial development in locations guided for commercial land use. The Vision Study also stipulates that the City will maintain its current planned commercial and industrial land use pattern. With regard to these policies and the Albertville Comprehensive Plan, the preservation of the lot for additional future commercial development is consistent with City goals. 3. The applicant has identified that the specific site sits lower than other billboard sites when compared to adjoining freeway elevations. Exhibit F illustrates that the site in question has a ground elevation of approximately 956 feet msl compared with freeway elevations due north of approximately 975 feet msl. This is a grade difference of -18.5 feet. Only the Knechtl billboard north of the freeway has a grade differential comparable to the Agenda Page 43 3 applicant’s site. The Knechtl property received a variance for a 40 foot billboard when the property owner was forced to relocate the billboard when the City acquired needed freeway right-of-way. The Knechtl variance allowed the property owner to retain the same top of sign elevation as previously existed prior to the right-of-way acquisition. The site elevation is specifically unique to the site and presents a practical difficulty for the billboard use. Cons: 1. The site was approved for a 30 foot billboard. The process included sign permit, an appeal, and finally a zoning text amendment. Through this entire process, the site elevation was not identified as an issue. As part of the approved sign permit, the applicant has also provided an acknowledgement of the future freeway improvement and a waiver of potential damage that may result from obstructed sight lines that result from future highway improvements. This past approval contradicts the applicant’s current claim that the site’s elevation is a practical difficulty. 2. The applicant is not proposing to construct the building at this time. The variance is being requested to preserve the future ability to develop under the billboard. There is no assurance that the site will ever be developed as illustrated in Exhibit E. The billboard may affect a site plan including influencing building size, available parking, and desirability of location. B. The plight of the property owner is due to circumstances unique to the property and not created by the property owner. Pros: 1. The applicant cites that limited buildable areas of the site due to setbacks and easements represent a practical difficulty that is unique to the site that complicates the construction of a commercial building along with the billboard. The applicant states that the circumstances were not created by the property owner. The variance to the sign height will allow for both uses providing proper clearance between the sign and building, offering unobstructed sight lines to the sign. The applicant has provided Exhibit C showing the original concept plan for the site and Exhibit D showing a concept showing both a building and billboard. Exhibit D illustrates that with the sign, the site can still accommodate a 3,200 square foot building meeting the B-3 District setbacks. The amount of parking is reduced from the original concept, however, a 3,200 square foot building is required to provide 14 parking stalls and the concept plan shows 16 useable stalls after the building is shifted west. This lot also has a shared parking easement over the Space Aliens parking lot to the east. Agenda Page 44 4 2. The applicant reiterates that the subject site is located 18.5 feet below the freeway elevation due north of the site. This is the second lowest billboard site within the City. The grade difference is a practical difficulty unique to the site. Cons: 1. The site (Lot 1, Block 1, Field Plaza Second Addition) was approved in 2005. As part of that approval, the property owner was required to submit a concept plan that demonstrated that the site could support a commercial building in conformance with City zoning regulations. Exhibit C is the concept plan for the site that shows a 3,200 square foot commercial building with parking. The original site plan did not anticipate the building sharing the site with the billboard. It is the introduction of the billboard to the site that creates the need for the variance. 2. The site elevation was not previously an issue when considering the original sign permit request. C. The variance will not alter the essential character of the locality. Pros: 1. The applicant identifies that Albertville currently has 28 billboards along a 2.5 mile stretch of I-94. The proposed use of the property for a billboard meets the City’s Sign Code related to billboard spacing, setbacks, and size. The additional 10 feet of height allowed by variance will not change the essential character of the site. The Knechtl billboard located directly north of the subject site has a 40 foot height. This 40 foot tall billboard does not dramatically distinguish itself as taller due to the lower site elevation. 2. This proposed billboard is spaced more than 1,000 feet from other billboards along the south side of I-94. The separation reduces the visual difference between the signs. Cons: 1. The immediate impression of the sign will not be great, however, with the future construction of the eastbound County Road 19/I-94 on-ramp and C- D Road, the City will have a four story sign in close proximity to the new freeway travel lanes. Agenda Page 45 5 Additional variance findings include: 1. The variance will not impair an adequate supply of light or air to adjacent property. Comment: This site offers a somewhat isolated location. This site with the taller billboard will not impair the passage of light or air to adjoining properties. 2. The variance will not unreasonably increase traffic congestion on public streets. Comment: The sign will not add significant traffic to adjoining streets. Future commercial development was always anticipated for the lot. Local and County roads serving this site have the capacity to accommodate a commercial development of this size. 3. The variance will not diminish property values. Comment: The site is zoned B-3, Highway Commercial. Both the commercial building and the billboard are permitted uses. The location of the site and sign will not result in significant impacts on the adjacent properties. A concern that should be discussed is that the billboard construction will precede the commercial building. The applicant does not have any time frame for the construction of the commercial building. The variance is intended to leave the development potential open. Some concern exists as to whether the existing sign may become an impediment to the construction of the building and other site improvements. Impediments may include working under the sign, avoiding the sign foundation, or having the building identity be overwhelmed by the sign. The concept plan (Exhibit D) shows a best case scenario, however, this development is not guaranteed. 4. The variance will not violate the intent and purpose of the Comprehensive Plan. Comment: The Albertville Vision Study promotes economic development, infill of commercial properties, and maintaining its current commercial land use patterns. In this respect, preserving the site for future commercial development would be consistent with Albertville’s Comprehensive Plan policies. 5. Literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same Agenda Page 46 6 district under the terms of this ordinance, or deny the applicant the ability to put the property in question to a reasonable use. Comment: The applicant claims that without the variance, the landowner would be deprived of the rights of other property owners in the B-3 District. The rights to have both a commercial building and billboard on the same lot. In considering this provision, the City must determine that the combination of uses are reasonable for a site of this size. In most other instances, billboards have been located on larger sites in a manner that does not interfere with building location or height. While this site is small, the plat was approved with a concept plan that demonstrated that it was buildable. It is the combination of uses that compromise the development potential of the site. The variance provisions some relief to allow the combination of uses. 6. Granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures or buildings in the same district. Comment: The subject site is unique in its size, elevation below freeway grade, and its eligibility for a billboard. In this respect, other properties will not be faced with the same opportunities or practical difficulties. In this respect, the approval of the variance, if found to be reasonable, would not confer the applicant with special privileges. CONCLUSION In review of this variance request, there are arguments on both sides of this issue. In this regard, the Planning Commission and City Council must weigh both sides of the issue to determine if the requested variance presents a reasonable use of the site, and that the need for the variance is generated by practical difficulties that are unique to the site that prevent full compliance with the code. If the Planning Commission and City Council agreed that the requested variance is reasonable and meets the criteria for variance, the application should be approved based on the following findings: 1. The site is zoned B-3, Highway Commercial District and both commercial building development and billboards are an allowed use within this district. 2. The site meets the spacing and setback standards of the Albertville Sign Code to be eligible for the construction of a new legally conforming billboard. Agenda Page 47 7 3. The requested height variance is necessary to allow the site to accommodate both the approved billboard and a commercial building. The preservation of the site for a future building is consistent with Albertville’s 2012 Vision Study goals and policies including: • Maintain its current planned commercial and industrial land use patterns and zoning. • Promote commercial development by the City to take advantage of its access to I-94 and the growing population of Albertville and adjoining communities. • Be patient with infill development to insure proper access, quality site design, and quality architecture. 4. The City finds that the site has the following practical difficulties unique to the site that complicates the reasonable use of the site that were not created by the property owner: a. The site, due to setbacks and easements, only has 26% of the lot area as being buildable. b. The site is 18.5 feet below the freeway elevation. c. The site is one of the few locations within the City that meets the billboard spacing requirements that make it eligible for a new billboard. 5. The variance will not change the essential character of the area due to the site’s isolated location and the billboard’s separation from other billboards. 6. The requested variance will not impact traffic congestion, public safety, or diminish property values. 7. The variance is needed to overcome practical difficulties with the site and will not confer special privileges denied other eligible billboard sites having similar practical difficulties. If the Planning Commission and City Council, upon considering the application, the submission information, and this report, believe that the variance criteria have not been met, then it may deny the variance with the following findings: 1. The variance is not a reasonable use of the site in that the billboard was approved for the site at a 30 foot height. This height was acceptable and the applicant provided acknowledgement of future freeway improvements and a waiver of damages that may result if improvements would impair sight lines to the sign. Agenda Page 48 8 2. Without a timetable for site development, there is no assurance that the variance will allow future development of the site. 3. The practical difficulty is a plight created by the property owner with his desires to develop the site with both a building and a billboard. Absent this combination, the height variance is not required. 4. Absent the variance, the site may still be utilized for commercial development or billboard or a combination of both and the impaired sight lines to a 30 foot tall sign is a condition created by the property owner. c: Kim Olson Sue Schwalbe Paul Heins Mike Couri Jake Steen (via email) Stephen H. Nelson Land Company, 7656 128th St W, Apple Valley, MN 55124 Agenda Page 49 Z 0 1,000 2,000 3,000 4,000500Feet Albertville Billboard Study A B C D E F G H I J K ML N O P Q R S T U V W X Y AA BB / Prolongation of the normal ROW Adjacent Area: A strip of land 100 ft in width immediately adjacent to and along and parallel to the right of way, except for off ramps, takeoff ditches of similar areas where the area shall be measuredfrom the prolongation of the normal right of way. Source: Wright County, DNR, & Northwest Associated Consultants. Date: October 2, 2014.Note: For planning purposes only. 400 ft. buffer from center median Questionable 1,000 ft spacing City Limits Parcels 1,000 ft spacing EXHIBIT AAgenda Page 50 EXHIBIT BAgenda Page 51 EXHIBIT BAgenda Page 52 EXHIBIT BAgenda Page 53 EXHIBIT BAgenda Page 54 EXHIBIT BAgenda Page 55 EXHIBIT CAgenda Page 56 EXHIBIT DAgenda Page 57 EXHIBIT EAgenda Page 58 EXHIBIT FAgenda Page 59 EXHIBIT FAgenda Page 60 Page 1 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2015-007 RESOLUTION DENYING THE REQUEST OF STEPHEN H. NELSON LAND COMPANY FOR A BILLBOARD HEIGHT VARIANCE FOR A 40-FOOT HIGH BILLBOARD AT 11200 60TH STREET NE IN ALBERTVILLE WHEREAS, Stephen H. Nelson Land Company has submitted an application for a major variance to allow a 40-foot high billboard at 11200 60th Street NE in Albertville; and WHEREAS, the Albertville Planning Commission met on February 10, 2015 and held a public hearing to consider this sign height variance request; and WHEREAS, upon considering the January 27, 2015 planning report, presentation by the applicant, and public testimony, they closed the Planning Commission public hearing and recommended that the City Council deny the requested variance with a 2 to 1 vote with the following findings: 1. The variance is not a reasonable use of the site in that the billboard was approved for the site at a 30-foot height. This height was acceptable and the applicant provided acknowledgement of future freeway improvements and a waiver of damages that may result if improvements would impair sight lines to the sign. 2. Without a timetable for site development, there is no assurance that the variance will allow future development of the site. 3. The practical difficulty is a plight created by the property owner with his desires to develop the site with both a building and a billboard. Absent this combination, the height variance is not required. 4. Absent the variance, the site may still be utilized for commercial development or billboard or a combination of both and the impaired sight lines to a 30-foot high sign is a condition created by the property owner; and WHEREAS, the City Council has reviewed the application, the January 27, 2015 planning report, and the findings of the Planning Commission, and agree with their findings and recommendation. NOW, THEREFORE, BE IT RESOLVED that the City Council adopts the Planning Commission findings and denies the requested sign height variance for a 40-foot high billboard at 11200 60th Street NE in Albertville. Agenda Page 61 City of Albertville Resolution No. 2015-______ Meeting of March 2, 2015 Page 2 Adopted by the City Council of the City of Albertville this 2nd day of March, 2015. Jillian Hendrickson, Mayor ATTEST: Kimberly A. Olson, City Clerk Agenda Page 62 Page 1 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2015-007 RESOLUTION APPROVING THE REQUEST OF STEPHEN H. NELSON LAND COMPANY FOR A BILLBOARD HEIGHT VARIANCE FOR A 40-FOOT HIGH BILLBOARD AT 11200 60TH STREET NE IN ALBERTVILLE WHEREAS, Stephen H. Nelson Land Company has submitted an application for a major variance to allow a 40-foot high billboard at 11200 60th Street NE in Albertville; and WHEREAS, the Albertville Planning Commission met on February 10, 2015 and held a public hearing to consider this sign height variance request; and WHEREAS, upon considering the January 27, 2015 planning report, presentation by the applicant, and public testimony, they closed the Planning Commission public hearing and recommended that the City Council deny the requested variance with a 2 to 1 vote with the following findings: 1. The variance is not a reasonable use of the site in that the billboard was approved for the site at a 30-foot height. This height was acceptable and the applicant provided acknowledgement of future freeway improvements and a waiver of damages that may result if improvements would impair sight lines to the sign. 2. Without a timetable for site development, there is no assurance that the variance will allow future development of the site. 3. The practical difficulty is a plight created by the property owner with his desires to develop the site with both a building and a billboard. Absent this combination, the height variance is not required. 4. Absent the variance, the site may still be utilized for commercial development or billboard or a combination of both and the impaired sight lines to a 30-foot high sign is a condition created by the property owner; and WHEREAS, the City Council has reviewed the application, the January 27, 2015 planning report, and the findings of the Planning Commission and disagrees with their findings and recommendation; and WHEREAS, upon review of the application, the City Council makes the following findings: 1. The site is zoned B-3, Highway Commercial District and both commercial building development and billboards are an allowed use within this district. Agenda Page 63 City of Albertville Resolution No. 2015-007 Meeting of March 2, 2015 Page 2 2. The site meets the spacing and setback standards of the Albertville Sign Code to be eligible for the construction of a new legally conforming billboard. 3. The requested height variance is necessary to allow the site to accommodate both the approved billboard and a commercial building. The preservation of the site for a future building is consistent with Albertville’s 2012 Vision Study goals and policies including: • Maintain its current planned commercial and industrial land use patterns and zoning • Promote commercial development by the City to take advantage of its access to Interstate 94 and the growing population of Albertville and adjoining communities • Be patient with infill development to insure proper access, quality site design, and quality architecture 4. The City finds that the site has the following practical difficulties unique to the site that complicates the reasonable use of the site that were not created by the property owner: a. The site, due to setbacks and easements, only has 26% of the lot area as being buildable. b. The site is 18.5 feet below the freeway elevation. c. The site is one of the few locations within the City that meets the billboard spacing requirements that make it eligible for a new billboard. 5. The variance will not change the essential character of the area due to the site’s isolated location and the billboard’s separation from other billboards. 6. The requested variance will not impact traffic congestion, public safety, or diminish property values. 7. The variance is needed to overcome practical difficulties with the site and will not confer special privileges denied other eligible billboard sites having similar practical difficulties. NOW, THEREFORE, BE IT RESOLVED that the City Council adopts the aforementioned City Council findings and approves the requested sign height variance for a 40- foot high billboard at 11200 60th Street NE in Albertville subject to the following condition: 1. The applicant must adhere to all of the agreed upon conditions of the previous sign permit for a billboard at this site with the exception of height. Agenda Page 64 City of Albertville Resolution No. 2015-007 Meeting of March 2, 2015 Page 3 Adopted by the City Council of the City of Albertville this 2nd day of March, 2015. Jillian Hendrickson, Mayor ATTEST: Kimberly A. Olson, City Clerk Agenda Page 65 Mayor and Council Communication M:\Public Data\City Council\Council Packet information\2015\030215\03 02 15 4th Quarter 2014 Budget to Actual RCA.doc Meeting Date: March 2, 2015 February 26, 2015 SUBJECT: FINANCE - 4TH QUARTER REPORT – UN-AUDITED INTRODUCTION: This space is reserved on the Council agenda for Mayor and Council review and discussion regarding monthly Finance reports. 4th QUARTER BUDGET TO ACTUAL: Below are the 4th Quarter 2014 un-audited General Fund Summary of Revenues and Expenditures. Revenues should be at 100% and expenditures should be at 100%. Revenues are at 104.0% and Expenses are at 79.2%. 2014 Council Update GENERAL FUND General Fund Revenue: 2014 2014 Actual % of Budget 12/31/2014 Budget 31010 Current Ad Valorem Taxes 2,397,983 2,372,979 99.0% 34113 Franchise Fee - Cable 65,000 72,768 112.0% 32100 Business Licenses & Permits 22,000 27,285 124.0% 32110 Liquor Licenses 29,150 29,208 100.2% 32120 3.2 Liquor Licenses 150 30 20.0% 32150 Sign Permits 1,500 1,260 84.0% 32210 Building Permits 55,000 105,716 192.2% 32240 Animal Licenses 400 840 210.0% 33405 Police Aid 28,000 31,603 112.9% 33406 Fire Aid 42,000 37,795 90.0% 33422 Other State Aid Grants 8,200 10,409 126.9% 34000 Charges for Services 2,000 6,553 327.6% 34101 Lease Payments - City Property - 1,440 0.0% 34001 Administration Fees 136,721 136,868 100.1% 34103 Zoning & Subdivision 1,500 1,200 80.0% Plan Check fee 25,000 51,837 207.3% 34105 Sale of Maps - - 0.0% 34107 Title Searches 1,000 3,325 332.5% 34302 Fire Protection Contract Charges 160,533 160,533 100.0% 34780 Park/City Hall Rental Fees 6,000 10,570 176.2% 34950 Other Revenues 9,000 30,222 335.8% 35000 Fines & Forfeits - - 0.0% 36210 Interest Earnings 25,000 53,188 212.8% Engineer/As builts 1,500 3,600 240.0% 34110 Arena Administration 11,616 11,687 100.6% Transfer I-94 Engineer 50,000 50,000 100.0% LGA 79,651 79,651 100.0% Electric Franchise Fee 115,000 115,262 100.2% Total Revenues $ 3,273,904 $ 3,405,828 104.0% Agenda Page 66 Mayor and Council Communication – March 2, 2015 FINANCE – 4th Quarter Report Page 2 of 2 M:\Public Data\City Council\Council Packet information\2015\030215\03 02 15 4th Quarter 2014 Budget to Actual RCA.doc Meeting Date: March 2, 2015 General Fund Expenditures 2014 2014 Actual % of Budget 12/31/2014 Budget 41100 Council 38,969 43,651 112.0% 41300 Combined Admin/Engineer/PWD 98,130 86,716 88.4% 41400 City Clerk 135,984 116,085 85.4% 41410 Elections 15,500 13,726 88.6% 41500 Financial Administration 177,839 173,691 97.7% 41550 City Assessor 29,355 28,491 97.1% 41600 City Attorney 40,000 24,548 61.4% 41700 City Engineer 20,000 4,753 23.8% 41800 Economic Development 28,000 72,021 257.2% 41910 Planning & Zoning 40,507 59,423 146.7% 41940 City Hall 135,605 155,174 114.4% 42000 Fire Department 316,187 300,965 95.2% 42110 Police 547,500 547,500 100.0% 42400 Building Inspection 154,184 141,946 92.1% 42700 Animal Control 4,080 5,859 143.6% 43100 Public Works - Streets 482,694 371,192 76.9% 41750 Professional services 30,000 19,036 63.5% 45000 Culture & Recreation 58,600 53,728 91.7% 45100 Parks & Recreation 211,126 215,562 102.1% Electric 115,000 80,622 Capital Reserves 568,614 60,141 10.6% 41000 Library 26,030 17,836 68.5% Total Expenditures $ 3,273,904 $ 2,592,664 79.2% VARIANCES: Revenue: • Building Permits – more new homes and permits in general than expected • Other Revenue – unexpected receipts of refunds, cleanup day proceeds, larger LMC dividend, rebates, reimbursements from soccer for their charter phone and cable services Expenses: • Council – payment for League of MN Cities dues paid 2014 and 2015 all this year • Economic Development – taxes on City parcels • City Hall – had more repairs then expected including HVAC repair, boiler repair, security and fire panel replacement backup batteries, exterior light repairs, charter phone, and cable for soccer Responsible Person/Department: Tina Lannes, Finance Director Submitted Through: Adam Nafstad, City Administrator-PWD Agenda Page 67 Page 1 of 2 Couri & Ruppe, P.L.L.P. Memo To: Adam Nafstad, City Administrator; Albertville City Council From: Mike Couri Date: February 26, 2015 Re: Attorney Report Below is an update of the projects our office has been working on for the City. • I-94 Ramp Easement. The State is asking the City to obtain I-94 ramp easement from Albertville Marketplace using a revised legal description as the State wants clearer language in the deed from the City to the State for the ramp easement. The easement area remains unchanged—the State simply wants its specific language used in the easement document. Adam and I will be working with Albertville Marketplace to obtain the proper language. • Prairie Run. Fieldstone has sent over revisions to the Prairie Run declarations, which I have reviewed and am modifying. I have spoken to both homeowners about these changes and am working through their concerns with Adam. We will likely formally adopt the changes to the declarations in early April at a meeting of the Association. We hope to close on three additional lots with Fieldstone sometime in late April. • Charter Cable. I have still not heard back from Charter Cable regarding proposed changes to their service to City buildings that runs counter to our franchise agreement. Charter has provided the City with cable boxes, but we will likely have a problem with these next fall unless we get this issue straightened out in the meantime. I will continue to periodically call Charter until I reach someone or get a return call. Agenda Page 68 Page 2 of 2 • Joint Fire Department Issues. I have forwarded the memo on the pros and cons of the Joint Fire Department to Adam. I would be glad to present these issues to the Council at a workshop meeting if the Council so desires. Agenda Page 69 Mayor and Council Communication M:\Public Data\City Council\Council Packet information\2015\030215\022515 Fire Chief Position RCA.doc Meeting Date: March 2, 2015 February 25, 2015 SUBJECT: FULL-TIME FIRE CHIEF/FIRE MARSHAL/EMERGENCY MANAGER POSITION - ERIC BULLEN RECOMMENDATION: It is respectfully requested that the Mayor and City Council accept the Fire Chief Selection Committee’s recommendation and adopt the following: MOTION TO: Direct staff to offer Eric Bullen the full-time positon of Fire Chief, Fire Marshal and Emergency Manager at a probationary salary of $82,160.72 with a one-step increase upon passing the probationary period performance review. The appointment to the position is conditioned on successful completion of background check and testing as described in the job description. BACKGROUND: In 2013, the Joint Fire Committee initiated discussions of a full-time fire chief position based on the recommendation of paid on-call Fire Chief Mills, the projected growth of the fire district, and maintenance of the Albertville/Otsego fire contract. In 2014, the Fire Department’s Board of Officers met to discuss the option of a full-time chief and solicited advice from the State Fire Marshal’s office. Upon consensus of the Board of Officers, the discussion of the Fire Chief position was held with the Membership and ultimately voted on and unanimously approved by the Firefighters. The job description was developed by members of the Department and approved by the City Council in November of 2014, at which time the City Council also directed staff to advertise the position. The position was advertised and 25 applications were received and reviewed. A selection committee consisting of two Council members from Albertville, one Council member from Otsego, the Albertville and Otsego administrators, and State Fire Marshal Bruce West were charged with application review and preliminary interviews. Eight applicants were selected for preliminary interviews, from which two were selected as finalists. On February 20, the same selection committee plus two Albertville Firefighters interviewed the finalists. Upon reviews of applications and interviews with select candidates, it is the recommendation of the Fire Chief Selection Committee that the position be offered to Eric Bullen. The committee was impressed with a number of the applicants; however, Mr. Bullen is believed to be the best fit for the position and the Department. Mr. Bullen exhibited many strengths needed for the position with key qualities including: • Over 12 years of firefighting experience with cities of Albertville (8+) and St. Michael (12+). • Almost 20 years of service as a Minneapolis Police Office with extensive responsibilities. • A vision and goals for the Department that preserve and improve public safety in our community. • A commitment to customer service and public outreach. Agenda Page 70 Mayor and Council Communication – March 2, 2015 Full-Time Fire Chief Position Page 2 of 2 M:\Public Data\City Council\Council Packet information\2015\030215\022515 Fire Chief Position RCA.doc Meeting Date: March 2, 2015 KEY ISSUES: • The Selection Committee recommended offering the position to Eric Bullen. • Eric is currently a Volunteer Firefighter with the Albertville Fire Department and St. Michael Fire Department. • Compensation is proposed to be $82,160.72; Eric will serve as a salaried employee. • Eric will accrue vacation and sick leave at the rate contained in the City’s personnel policy, beginning at 18 days of vacation per year, which corresponds to a 10-year Albertville employee. • A start date of April 1, 2015 is proposed. • Eric is working with the City of Minneapolis to transition out of his role as a K-9 Police Officer. Eric’s goal is to complete his 20 years of service, which will occur in September. Eric is working with the two cities to create an interim schedule that works for both. • As a Volunteer Albertville Firefighter, Eric has accumulated approximately 9 years of service credit with the Fire Relief Association. It is assumed this position will require Eric to take an indefinite leave of absence, essentially freezing his accumulated service credit. It is proposed that upon successful completion of the probationary period, the City and Relief Association negotiate a potential benefit. FINANCIAL CONSIDERATIONS: The pay range for the position is $76,294.40 to $86,320.11. It is proposed that the salary to be offered be $82,160.72, which is the mid-step of the scale. The position was included in the 2015 Budget and was budgeted for a full year. LEGAL ISSUES: The City Council has the authority to establish new positions, hire personnel, and offer the Fire Chief/Fire Marshal/Emergency Manager position to a qualified candidate. Submitted Through: Adam Nafstad, City Administrator -PWD Agenda Page 71 City Administrator’s Update February 26, 2015 GENERAL ADMINISTRATION Fire Department: On February 20, the selection committee interviewed the two finalists in a second interview. A recommendation for appointment will be on the agenda for Monday’s Council meeting. Parks Committee: The Parks Committee reviewed two letters of interest at their February 23 meeting. The vacancy posting closed on February 25 and the two candidates have been scheduled to meet with the Committee at the March 23 parks meeting. Police Coverage: We are working with Sheriff’s department to implement the additional four (4) hours of daily coverage. The added coverage will begin mid-year. Prairie Run Lots for Sale: The two City-owned cul-de-sac lots that are for sale have been advertised in the official newspaper, Wright County area newspapers, and the City website. Staff will be contacting interested parties in the coming week. Bids must be received by 5:00 p.m. on March 10 and will be opened at that time. Bids will come to Council at the March 16 meeting. FYCC: Programs and attendance remain strong. Sandy and Nicole are working to have a more scheduled calendar year of events and are working to identify the programs most beneficial to the mission of FYCC. Recently, it was reiterated that both cities are very dependent on FYCC to coordinate and schedule park and field activities. Albertville Crossing Feb Fest Event: Over 100 people gathered on Saturday to attend the event. The shopping center area had a pop-up park, campfires, face painting, and fire performances. A vacant space was used as a free yoga studio. Over 140 votes have been cast via Hoodstarter regarding what businesses people want to see come to Albertville and Hempel Properties has reached out to several of these companies to gauge their interest in leasing space at Albertville Crossing. 2014 Annual Audit: Staff is preparing for the annual audit of the City, STMA Ice Arena, and the Fire Relief Association. The process started end of 2014 and will be ongoing through March. It is expected that the annual audits be completed for all three entities no later than April 6. KDV will present to the City Council on April 20 and to the Arena Board on May 11. Joint Meeting: The next Joint Governance meeting will be at the St. Michael City Center on Monday, March 30 at 6:00 p.m. Tentative agenda items include updates on FYCC, Yellow Ribbon, school capacity, and legislative reports on education equity and transportation. Agenda Page 72 City Administrator’s Update Page 2 of 2 February 26, 2015 I-94 West Coalition: Unless desired otherwise, staff will renew the City’s membership in the Coalition. Albertville’s investment amount is $3,600. Other member cities include St. Michael, Otsego, Monticello, Rogers and Dayton. The County, two chambers of commerce, and many businesses also contribute to the Coalition. ENGINEERING/PUBLIC WORKS 57th Street NE/Church of St. Albert Improvement Project: A total of eight (8) bids were received ranging from $874,612 to $1,103,679, with Omann Brothers submitting the low bid. I am currently working on the cost break-down between the City and the Church of St. Albert’s and working with the church to finalize the cost-agreement. Public Works Committee: Tim and I will be setting a public works committee meeting to discuss 2015 equipment purchases/replacement and the new Public Works position. Ditch and Pond Cleaning: Public Works crews are working to clear trees and overgrowth in ditches and ponds. This work is typically done when time and weather permit. The focus recently has been in the Albert Villas neighborhood. UPCOMING EVENTS and ANNOUNCEMENTS • March 12 – Wright County Economic Development Partnership – State of the City Event, 11:30 a.m., St. Michael City Center. Please let us know if you are interested in attending • March 30 – Joint Governance Meeting, St. Michael City Center, 6:00 p.m. Attachments: (none) Agenda Page 73