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2003-12-15 CC Minutes . ALBERTVILLE CITY COUNCIL December 15, 2003 Albertville City Hall 7:00 PM PRESENT: Mayor Don Peterson, Council Members LeRoy Berning, Tom Fay, and Ron Klecker, City Engineer Schulz, City Attorney Mike Couri, City Administrator Larry Kruse, and City Clerk Bridget Miller Mayor Peterson called the City Council meeting of the City of Albertville to order. MINUTES: MOTION BY Council Member Berning, seconded by Council Member Klecker to approve the minutes. Motion carried unanimously. AGENDA: MOTION BY Council Member Fay, seconded by Council Member Klecker to approve the agenda adding the approval of the Final Plat of Towne Lakes One to Planning and Zoning item C(3). Motion carried unanimously_ . MOTION BY Council Member Klecker, seconded by Council Member Berning to approve the following consent agenda with the exception of pulled items (a) Center Point Utility bill for the Fire Hall and Specialty Fashion's Firemen's Donation purchase; (e) Resolution No. 2003-41 (A Resolution Establishing 2003 Wages for City Employees); (f) Resolution No. 2003-42 (A Resolution Establishing 2003 City Office Hours); (i) deletion of this item on the consent agenda as it has already been approved at the December 1, 2003 meeting. . (a) Approve payment of claims (page 7-11) (b) Resolution No. 2003-38 (A Resolution Adopting the Final 2003 Tax Levy collectible in 2004) Page 12 (c) Resolution No. 2003-39 (A Resolution Adopting the 2004 Final Budget) Page 13 (d) Resolution No. 2003-40 (A Resolution Establishing 2004 Holidays Schedule) Page 14 (e) Resolution No. 2003-41 (A Resolution Establishing 2003 Wages for City Employees) Page 15 (f) Resolution No. 2003-42 (A Resolution Establishing 2003 City Hall Office Hours) Page 16 (g) Authorize payment of all just claims received by December 31, 2003 (Year-end closeout) (h) Resolution No. 2003-43 (A resolution approving the Wetland Replacement Plan for the Albertville Business Park Project to fill 1.35 acres of wetland to facilitate the construction of street.) Page 18-22 (i) Approve reduction in Towne Lakes 3rd Addition Letter of Credit to no less than $5,000 as per City Engineer's recommendation. (Page 23) G) Approve a reduction in Outlets at Albertville, Phase 3 Letter of Credit to no less than $250,000, which is adequate to cover CSAH 19 assessments, wetland mitigation and other miscellaneous items. (Page 24) Albertville City Council Minutes December 15, 2003 . Page 2 of7 Motion carried unanimously. PUBLIC COMMENTS: None OTHER COUNCIL COMMENTS: The City Council discussed the situation with Robert Heuring relating to driving heavy equipment over the sidewalk on 53rd Street and breaking it and spreading manure on the street. Mayor Peterson would like Tim Guimont to investigate the situation to see if anything can be done to remedy the situation. Huering continues driving up over the city sidewalk to deposit manure on his property. Mayor Peterson suggested installing a larger area covered barricade to prevent him from destroying the sidewalk. The Council discussed if adoption of an ordinance that would prevent manure spreaders on city streets would work and the consensus was that would not be effective. SEASONAL CONCEPTS: City Planner Al Brixius presented the Findings of Facts as follows: Findings of Fact: Based on review of the application and evidence received, the City Council now makes the following finding of fact and decision: A. The proposed legal description of the subject property is Lot 2, Block 1, The Shoppes at Towne Lakes One, according to the recorded plat thereof, Wright County, Minnesota. . B. The Planning Report, dated November 6, 2003, prepared by NAC, Inc. is incorporated herein. C. The Planning Commission has found the exterior building treatments and colors acceptable. D. The Planning Commission Recommendation for the application is incorporated herein. E. The Site and Building Plans are in substantial compliance with the Albertville Zoning Ordinance (with the conditions outlined herein). Council Member Klecker had a question about the handicapped parking stalls. The applicant stated that they would need to comply with the MN state standards. Bill Wrickrock demonstrated the samples of exterior materials that would be used on the seasonal concept building. He feels the buildings are scaled and fit into the design of the site. Craig Alshouse stated at a previous meeting it was asked what the specific material will be used on the exterior. Alshoue presented pictures of what it would look like on a building. . Council Member Klecker had a question regarding the tower windows if they would be functional? Mr. Wrickrock stated that they would not be non-functional. There would be some back lighting inside them. . Albertville City Council Minutes December 15,2003 Page 3 of 7 MOTION BY Council Member Fay, seconded by Council Member Klecker to approve that based on the foregoing information and applicable ordinances, the site and building plans including Seasonal Concepts and another retail building for Lot 2 of the Shoppes at Towne Lakes One preliminary plat is approved based on the most current plans and information received to date, subject to the City Planners report dated December 15, 2003. Motion carried unanimously. HEIDI'S MARKET: Al Brixius reported that at the applicant's request this is postponed until further grading and drainage agreement between the landowner's. SHOPPES AS TOWNE LAKES ONE: City Planner Brixius proceeded to review the Final Plat CPDC is requesting final plat approval for the Shoppes at Towne Lakes One. After receiving confirmation from the developer regarding the status of specific portions of the submitted plans, staff recommends approval of the final plat for the Shoppes at Towne Lakes One. There were two items listed - one being subject to the comments of the city engineer. He turned it over to the city attorney for the agreement. . City Attorney Couri very briefly highlighted on the major areas of concern in the developer's agreement. City Attorney Couri will change the parking requirement, which shall allow cross- parking easement on all lots. He stated that the Developer's Agreement and the items stated in the agreement stay with the land use. City Attorney Couri felt strongly that there would be an active retail owner's property association as they will be required to maintain the streets and common area, or the City has the right to close business. The Council discussed a question regarding the curb connecting to the Albertville Premium Outlets. There is an agreement that CPDC would take care of their portion of the curb cuts. There was a question regarding the traffic control for pedestrian's flow. Dave Hempel had no problem working with the city to add a traffic control plan acceptable to the city engineer and slgnage. After receiving confirmation from the developer regarding the status of specific portions of the submitted plans, staff recommends approval of the final plat for The Shoppes at Towne Lake One. This recommendation is based on the findings made in this report and review of the attached plans. The final plat is consistent with the approved preliminary plat and therefore, staff recommends approval of the final plat subject to the following conditions: 1. Developer enters into a development contract with the City that addresses the conditions outlined in this report and those identified in the findings approved on November 4, 2003. . 2. Subject to the comments of the City Engineer. FINAL PLAT ANALYSIS Albertville City Council Minutes December 15, 2003 . Page 4 of7 Performance Standards. The lot, block, and street design illustrated on the proposed final plat are consistent with the PUD preliminary plat submission, which was approved on November 4, 2003. The proposal is consistent with performance standards for properties established as part of PUD zoning and site plans. Lots and Blocks. The overall plan consists of 6 lots. The overall lot design is intended to be an integrated shopping area that will provide shared parking and access arrangements. As part of final approval, the developer shifted the access of Lot 1 further south to align with the access drive to Lot 2. Additionally, Outlot A ofthe preliminary plat was eliminated and combined with adjoining Lot 1. Lot 3 and 4 have been adjusted to align with each other. Streets. Access between the public streets of Lake Town Drive, Linwood Drive, and Langford Drive are intended to be provided through a system of private streets that will serve the commercial areas. A private street system is allowed through the establishment of a planned unit development. All private streets shall be 28 feet in width. . As part of Preliminary Plat approval, access from the Outlets of Albertville must be designed in a manner that will insure one-way north-bound traffic entering the site from the Outlets of Albertville. Preliminary plat approval was granted and all conditions have been met with regards to street width and right-of-way however, the drive proposed to be named Langford Drive must be changed to Linwood Drive. Additionally, the applicant must address with truck maneuvering templates, how truck circulation for delivery of goods will occur for Lots 1,2,3, and 4. Landscaping. CPDC submitted a preliminary landscape and lighting plan. The plan illustrated a fairly generous landscape plan with CPDC responsibility being the tree planting within the street boulevards. The preliminary plat indicated 63 over story plantings. The final landscaping plan identifies 62 over story plantings and include Imperial Honey locust, Autumn Blaze Maple, and Fall gold Ash. These trees are intended to be 2.5 to 4 inches balled and burlapped. The tree list is consistent with the tree list established in the City's Zoning Ordinance. The applicant has also provided an illustrative landscape plan for the individual lots, however, as claimed on their landscape plan, all plantings and street lighting shown as screened or gray lines are for illustrative purposes only and are subject to change as the site plans for individual buildings are developed. The development agreement must identify the timing for full installation of all landscaping. Grading and Drainage. The final grading and drainage plans are subject to the review of the City Engineer. . Easements. All easements are subject to the review of the City Engineer related to location and size. The easements identified on the final plat appear to be consistent with the preliminary plat and Albertville Subdivision Ordinance. Albertville City Council Minutes December 15, 2003 . Page 5 of7 Development Agreement. The applicant shall enter into a development agreement associated with the final plat approval. CONCLUSION After review of the applicant's submittal, staff recommends approval of the final plat for The Shoppes at Towne Lakes One. This recommendation is based on the findings made in this report, subject to the conditions herein, and to the comments made by the City Engineer. MOTION BY Council Member Berning, seconded by Council Member Peterson that based on the Findings of Facts to approve the Final Plat of Shoppes at Towne Lakes One as presented. Motion carried unanimously. MOTION BY Council Member Klecker, seconded by Council Member Fay to approved the Developers Agreement for Shoppes at Towne Lakes One. Motion carried unanimously. ALBERTVILLE DOWNTOWN SIGN: City Attorney Mike Couri reviewed the sign maintenance Agreement. Council Member Berning had a concern that Mr. Franklin decided to sell out. Is there a term in the agreement? City Attorney Couri stated that he would put the 5-year agreement in item 3. ofthe agreement. . City Administrator Kruse shared with the mayor and council that three businesses expressed interest in signing a lease with the City and one more business was requesting more information. City Planner Brixius asked if the agreement would include blank placard's and Mr. Franklin stated there would be blank ones on the non-leased slots. City Council Member Berning wanted to make certain that there would be no temporary signs and stated he wanted it documented that there would be no portable signs on the property. MOTION BY Mayor Peterson, seconded by Council Member Klecker to proceed to enter into contract with Franklin Signs for $37,655 for construction of the sign, plus $15,000 cost of the radio controller. Further to request the City Attorney draft lease agreements for the sign rentals. Motion carried unanimously. PULLED CONSENT AGENDA ITEMS: (item a) Center Point Utility bill for the Fire Hall and Fire Department Donation Account: Council Member Berning requested staff look at the Fire Hall Electric and Gas bills, as they seem excessively high. Specialty Fashion: Council Member Berning questioned whether the Fire Department apparel purchase as accounted for in a separate "Donation's" account, and City Administrator Kruse stated that the 42200 code meant that it indeed was being accounted in a Fire Department account. . MOTION BY Council Member Berning, seconded by Council Member Klecker to approve payment of Center Pont Utility Bill and Specialty Fashion as presented. Motion carried unanimously. . Albertville City Council Minutes December 15, 2003 Page 6 of7 (e) Resolution No. 2003-41 (A Resolution Establishing 2003 Wages for City Employees): Council discussed that during the past year it has been mentioned the City needs to review the insurance benefit granted employees as the City has experienced significant increases in recent years and employee participation has not increased. The Council questioned whether the proposed Five (5) percent increase proposed in the preliminary budget was excessive in light that the insurance benefit had not been addressed. City Administrator Kruse stated that the City had recently received a letter stating the medical cost were stabilizing and that the City would receive a credit for the last half of December. The council considered tabling the issue pending additional information and a discussion with employees. City Administrator Kruse suggested that the Council might consider granting the employees a 3% raise and defer 2% pending the discussion with the employees rather than delaying a decision, which all agreed may take several months to resolve. Council mentioned recent cut backs by the State of Minnesota on the very same issue. After much discussion, the following motion was made. MOTION BY Council Member Berning, seconded by Council Member Fay to adopt Resolution No. 2003 amending the amount from Five (5) percent to Three (3) percent. Motion carried unanimously. . The council requested information be gathered and a workshop be held after the Holidays to discuss medical insurance. (I) Resolution No. 2003-42 (A Resolution Establishing 2003 City Office Hours: A rather lengthy discussion was held regarding a proposal to have extended office hours from 7 :30 a.m. to 4:30 p.m. on Monday, Wednesday and Thursday, and an extended day on Tuesday (7:30 a.m. to 6:00 p.m), with a shortened Friday (7:30 to noon). Opinions varied on whether service to the residents, especially contractors would suffer due to lost Friday afternoon service. Changing the past practice of closing 30 minutes over noon hour was discussed, and that extended hours would be nice providing working residents extended morning and evening hours to transact business, however, closing early on Friday was a stickler and the council had an inclination to continue the current office hours. No action was taken on the matter. Fire Department Meeting: The Council directed City Adminstrator Kruse to come back to the Council with a couple of dates after the holidays to reschedule the meeting with the Fire Department. . Public Works: In response to Public Works Tim Guimont's request for direction on: (1) Performine: ianitorial work on a monthly basis at the fire hall. The council stated if the Public Works Department has the time, that it is ok to schedule Public Work's employees to assist with janitorial maintenance of the fire hall. (2) STMA request for the City of Albertville to remove snow from the parkine: lot. The council agreed that the Public Works Department can perform snow removal of the parking lot, however it would not be a high priority item in a snow emergency. Council expressed some concern that this shifts some more responsibility to Albertville Albertville City Council Minutes December 15,2003 . Page 7 of7 and that if the facility expands and reqmres additional time, it may have to be reconsidered in the future. MOTION BY Council Member Klecker, seconded by Council Member Berning to grant permission for the Public Works Department to provide janitorial maintenance at the fire hall. Further to approve the Public Works Department to do snow removal at the STMA Arena, with it being a lower priority during snow emergencies. Motion carried unanimously. MOTION BY Council Member Klecker, seconded by Council Member Fay to adjourn at 9:00 p.m. Motion carried unanimously_ ~___ w r~...<. I ' ... .-------- ~ /_/ ~ ~ ::-~-- '-':"~.....--- \ '-... ~'-. Larry . .