Planning and Zoning Minutes

June 10, 2008
Albertville City Hall 7:00 PM

CALL TO ORDER – ROLL CALL

Chair Leintz called the Albertville City Council meeting to order at 7:00 p.m.

PRESENT: Chair Sharon Leintz, Vice-chair Frank Kocon, Commission member Dale Edgren, Council liaison Dan Wagner, Assistant City Planner Carie Fuhrman, Zoning Administrator/
Building Official Jon Sutherland, and City Clerk Bridget Miller

ABSENT: Commission members Scott Dorenbush and Denise Prow

ADOPT AGENDA

Chair Leintz asked if there were any changes, additions, or deletions from the June 10, 2008 Planning and Zoning Commission agenda.

MOTION BY Commission member Kocon, seconded by Commission member Edgren to approve the agenda as presented and on file in the office of the City Clerk. Motion carried unanimously.

MINUTES

Chair Leintz asked if there were any changes, additions, or deletions on the Tuesday, March 11, 2008 regular Planning and Zoning Commission minutes and the Monday, March 31, 2008 joint City Council and Planning and Zoning Commission minutes.

MOTION BY Commission member Edgren, seconded by Commission member Kocon to approve the Tuesday, March 11, 2008 regular Planning and Zoning Commission minutes as presented and on file in the office of the City Clerk. Motion carried unanimously.

MOTION BY Commission member Kocon, seconded by Commission member Edgren to approve the Monday, March 31, 2008 joint City Council and Planning and Zoning Commission minutes as presented and on file in the office of the City Clerk. Motion carried unanimously.

PUBLIC HEARINGS

APPROVE THE PRELIMINARY AND FINAL PLAT FOR THE ALBERTVILLE RAILROAD EXCHANGE

Chair Leintz opened the public hearing at 7:03 p.m.

Assistant City Planner Fuhrman reported that the city has negotiated the purchase of excess railroad right-of-way from Burlington Northern SantaFe (BNSF) railroad. This right-of-way, located within the Downtown area of Albertville was purchased to facilitate additional investment in the Downtown area.

Furhman went on to explain that pending the purchase of the railroad right-of-way, the City opened the discussion with the Downtown businesses and property owners along 57th Street NE to determine their interest in acquiring land to expand their business and or residential lots. In November 2007, the City council and the local property owners agreed to a land trade and purchase of land based on the concept plan illustrated on the attached exhibit.

Furhman continued by stating with the City finally closing the land purchase with the railroad, the City is now pursuing a preliminary and final plat to formalize the division of land and complete the land sale to the various involved landowners.

Included in the land transactions, the commercial lots provide land area for the expansion of the local businesses along with needed parking. Furhman reminded the Planning and Zoning Commission members that in 2007, the City approved a Conditional Use Permit (CUP) for outdoor dining with the condition that Geez Sports Bar & Grill provide its required off-street parking. Lot 4 is being purchased by Curt Gentile, owner of Geez Sports Bar & Grill to satisfy the CUP requirement.

In addition to Geez Sports Bar & Grill, the 152 Club is pursuing a Conditional Use Permit (CUP) for outdoor dining and outdoor recreation to reconfigure its existing volleyball court and provide required parking. Such said improvements shall fit on Lot 2. Furhman noted that site access to Lots 2, 3, and 4 shall be provided by a mutual access easement between the 152 Club and Geez Sports Bar & Grill, which be considered a private access between the property owners.

In conclusion, Furhman reported that the acquisition and planning for the area has occurred over the last two (2) years. The platting of the property, creating the new parcel(s), is one of the last steps before closing. Staff is recommending approval of the Preliminary and Final Plat entitled Albertville Railway Exchange.

Chair Leintz asked if the Commission had any questions or concerns with the proposed approval of the Preliminary and Final Plat for the Albertville Railroad Exchange.

The members of the Commission had no additional concerns or questions regarding the proposed approval of the Preliminary and Final Plat for the Albertville Railroad Exchange.

Chair Leintz asked if there was anyone in the audience that wanted to share comments or concerns regarding the proposed approval of the Preliminary and Final Plat for the Albertville Railroad Exchange.

Deb Holms builder, Mike, inquired about the potential of reducing the northerly easement, along the wetland area to 10-feet. The remainder of the property along the northerly side appears to have a 10 foot easement. Mike noted that according to the plan it appears there is the potential to build a future road or a holding pond. Mike went on to state that there is always going to be drainage no matter what you do.

Chair Leintz stated that it is unknown what is being proposed without the City Engineer’s presence.

John Vetsch of 5618 Large Avenue NE informed the residents what the city’s intentions were regarding the road, which was to gain access to the retaining pond to do necessary maintenance.

Assistant City Planner Furhman informed the Commission that she would work with the Assistant City Engineer and City Planner Brixius to research the easement and road requirements.

Council liaison Wagner agreed with the suggestion made by Assistant City Planner Furhman, which is to resolve the road and easement prior to the Downtown Plat going before the City Council.

Chair Leintz closed the public hearing at 7:15 p.m.

MOTION BY Chair Leintz, seconded by Commission member Edgren to approve the Preliminary and Final Plat for the Albertville Railroad Exchange amending the northerly easement from 20-feet to 10-feet with written approval of the reduced easement for the 152 Club lot; contingent upon City Council approval at the June 16, 2008 regular City Council meeting or a meeting soon thereafter. Motion carried unanimously.

APPROVE A CONDITIONAL USE PERMIT (CUP) FOR OUTDOOR DINING AND OUTDOOR RECREATION FOR THE 152 CLUB LOCATED AT 5790 MAIN AVENUE NE WITHIN THE ALBERTVILLE CITY LIMITS

Chair Leintz opened the public hearing at 7:16 p.m.

Assistant City Planner Fuhrman began by stating that in November 2007, the City and the owner(s) of the 152 Club came to an agreement for exchanging and purchasing of land to facilitate some Downtown improvements. Through the negotiated land acquisition, the 152 Club will now own Lot 2, Block 1, Albertville Railway Exchange plat. The City would allow for the re-establishment of the existing outdoor dining and outdoor recreation activities entirely on Lot 2, Block 1, Albertville Railway Exchange through a Conditional Use Permit (CUP) as part of the negotiation.

Furhman went on to explain the conditions that must be met for the outdoor dining portion of the CUP, which included 15 items for the applicant to comply with prior to Council approval or soon thereafter. There were six (6) main areas that were included in the staff’s recommendations.

Chair Leintz asked if the Commission had any questions or concerns with the proposed approval of a Conditional Use Permit (CUP) for Outdoor Dining and Outdoor Recreation for the 152 Club located at 5790 Main Avenue NE within the Albertville city limits.

Commission member Kocon was concerned with the hours of operation and limiting the outdoor dining and or recreation to 10:00 p.m.

Deb Holm owner of the 152 Club stated that they host volleyball tournaments that may go until 11:00 p.m.

Donatus Vetsch of 11572 – 57th Street NE agreed with Commission member Kocon to restrict the outdoor noise to 10:00 p.m.

Cindy Lehn of 11558 – 57th Street NE and Diane Sheltd of 11548 – 57th Street NE also agreed with limiting or restricting the hours of operation. Ms. Sheltd shared with the Commission her previous experience, which she had notified the authority regarding the noise.

Commission member Kocon suggested staff review the Geez Sports Bar & Grill’s CUP and set the 152 Club with the same restrictions and review the application in a year.

Ms. Holm asked if there would be reports submitted to document the noise complaints, which Kocon felt there would be reports on file with the Wright County Sheriff’s Department provided there is a resident that contacted the police and filed the complaint.

Chair Leintz asked if there was anyone in the audience that wanted to share comments or concerns regarding the proposed approval of a Conditional Use Permit (CUP) for Outdoor Dining and Outdoor Recreation for the 152 Club located at 5790 Main Avenue NE within the Albertville city limits.

John Vetsch of 5618 Large Avenue NE wanted to work with the applicant to approve the CUP to allow for the Outdoor Dining. Vetsch fears that the businesses in the historical downtown area will go out of business.

Ms. Holm had additional concerns with item I, which dealt with the off-street parking. Holm reported that at the time of signing the purchase agreement there was no comment about providing sufficient are to allow for off-street parking for the 152 Club. Holm went on to discuss the Outdoor Liquor License, which a number of years ago the City asked them to provide a survey of the property that would include the outdoor area.

Chair Leintz closed the public hearing at 7:57 p.m.

Some of the areas that would be amended in the recommendation are:

• Hours of operation restricting it to 10:00 p.m.
• Off-street Parking requirements will be evaluated
• Review the six foot fence area
• Live outdoor music performances and volleyball tournaments
• 152 Club will provide a Volleyball Tournament to the City

MOTION BY Commission member Edgren, seconded by Commission member Kocon to approve the Conditional Use Permit (CUP) for Outdoor Dining and Outdoor Recreation for the 152 Club located at 5790 Main Avenue NE within the Albertville city limits with staff’s amended recommendation(s) that would be included in the recommendation presented to the City Council, which would then be contingent upon City Council approval at the June 16, 2008 regular City Council meeting or a meeting soon thereafter. Motion carried unanimously.

OTHER BUSINESS

DISCUSS A POTENTIAL ORDINANCE AMENDMENT FOR LANGUAGE PERTAINING TO PAWNSHOPS

Assistant City Planner Furhman reported that staff has been working on drafting an ordinance to address potential pawn shops within the City of Albertville. The thought has been that the pawn shops would be allowed as permitted uses in the B-3, B-4, and B-W Business Districts. Furhman noted that there are two choices that are being presented for consideration, which are to adopt an ordinance that would license pawn shops through a business license procedure or to prohibit pawn shops completely within the Albertville city limits.

Furhman went on to explain that City Attorney Couri has been researching the issue and has not found any special protection that shield pawn shops from complete prohibition within cities. Mr. Couri did provided a memo, which you should find at your desk that notes the Minnesota Statute that defines the licensing requirements a city must include when licensing pawnbrokers.

Commission members recommended obtaining the City Council’s opinions, then upon the outcome proceed forward with the Ordinance Text Amendment to incorporate language pertaining to Pawnshops.

DISCUSS MULTI-TENANT BUILDING SIGNAGE

Assistant City Planner Furhman brought to the Commission member’s attention that a recent request has resulted in staff researching the sign regulations for multiple occupancy within a commercial and industrial building. Currently, the 2005 Albertville Municipal City Code, Zoning Section addresses the issue in Title 10; Section 7; Subsection 8.D. Accessory Signs for Multiple Occupancy, Commercial, and Industrial Uses, Including Shopping Center. Furhman stated that the ordinance separates multi-tenant building into four sections, which are Sign Plan, General Standards, Wall Signs, and Ground Signs. Staff has been contacted by a few business owners expressing a desire for additional signage for their businesses.

In summary, Furhman reported that staff is looking for direction of the Planning and Zoning Commission as to whether to review and amend the 2005 Albertville Municipal City Code with a text amendment to allow for additional signage.

Commission members recommended moving forward with the Ordinance Text Amendment to incorporate language pertaining to Multi-tenant Allowable Building Signage.

ADJOURNMENT

MOTION BY Commission member Edgren, seconded by Commission member Kocon to adjourn the June 10, 2008 regular Planning and Zoning Commission meeting at 8:29 p.m. Motion carried unanimously.

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