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2004-10-18 CC Minutes . . . ~ A.!~fi!!'!QI~ City of Albertville City Council Minutes October 18,2004 Albertville City Hall 7:00 PM PRESENT: Mayor Don Peterson, Council members Dorothy Rich, Ron Klecker, Tom Fay and LeRoy Berning, City Planner Al Brixius, Assistant City Attorney Bob Ruppe, City Engineer Pete Carlson, and City Clerk/Secretary Bridget Miller ABSENT: City Administrator Larry Kruse Mayor Peterson called the City Council meeting ofthe City of Albertville to order at 7:00 p.m. They began with the Pledge of Allegiance. AGENDA MOTION BY Council member Klecker, seconded by Council member Fay to approve the Agenda as amended. Motion carried unanimously. Add Items: 5.a. Check No. 020500 to Paul Gonsior - $331.00 - grill at Fire Hall 7.c.3. Curfew Ordinance 7.d.3. Main Avenue and 57th Street 7.dA. 50th Street Sidewalk/Trail 7.e.1. Shoppes at Prairie Run 7.f.3. Water Mains 7.fA Liquor Compliance checks 7.f.5. Flushing water mains MINUTES: MOTION BY Council member Klecker, seconded by Council member Berning to approve the October 4, 2004, City Council Workshop Minutes and Regular City Council Minutes as submitted. Motion carried unanimously. CITIZEN FORUM Jerry Brecke presented an update on his Albertville Dental project stating the first building is nearing completion and he has plans to submit a second building yet this year. . . . Albertville City Council Minutes October 18, 2004 Page 2 of9 CONSENT AGENDA: MOTION BY Council member Fay, seconded by Council member Klecker to approve the consent agenda pulling check number 020479. Motion carried unanimously. a. Approve payment of claims check number 20447 - 20498 b. Liquor License Application 1. On Sale Liquor Licenses a). D. Michael B's II 2. Special Sunday On Sale Liquor License a). D. Michael B's II 3. On Sale Wine License a). Hong Thai Inc. c. Approve reimbursing Sara Hack $410 paid to Stan's Storage on behalf of the Jaycees, with funds off-set from the previous Jaycee $1850 donation as per Leroy Berning's request. d. Approve PW Supervisor Guimont's recommendation to accept the low quote from Richard Imholte to install 330 lineal feet of sidewalk along 62nd Street and Karston Avenue in the amount of $7,800. e. Approve the Architect's recommendation to pay Ebert Construction Application for payment #6 in the amount of$161,791.70. This amount does not include any change orders. f. Set a Council workshop for October 25 at 6:00 p.m. to review Sign Ordinance, Liquor Ordinance, Hazardous Tree Ordinance, Snow Plowing Policy, Right of Way Ordinance, Sewer Use Ordinance, 2005 Fee schedule and the 2005 Annual budget. ACTION ON PULLED CONSENT ITEMS: l.a. Approve payment of claims check no. 020479 Council member Fay questioned check number 13802 from Northwest Associate Consultants wanting to make sure that the Albertville Premium Outlets would pay for the Wright Hennepin Generator review. City Planner Brixius stated they would be invoiced for the work. MOTION BY Council member Fay, seconded by Council member Rich to approve the check number 020479 to NAC. Motion carried unanimously. Council member Berning brought it to the Council's attention the check for Sara Hack should be for $411. It was estimated at $410. MOTION BY Council member Fay; seconded by Council member Klecker to approve the Consent Agenda with the amended amount to Sara Hack for $411 not the estimated amount of $410. DEPARTMENT BUSINESS Mayor Peterson went to Administration and Liquor Compliance Checks. It was brought to the City's attention by Wright County that a few of the Albertville establishments were not in compliance. . . . Albertville City Council Minutes October 18, 2004 Page 3 of9 Assistant City Attorney Ruppe was not aware of the situation. Ruppe recommended sending out notifications to the establishments and address the matter at the November 1, 2004 City Council meeting. STREET AND PARK DEPARTMENT REpORT MOTION BY Council member Klecker, seconded by Council member Rich to accept the Public WorkslParks Department Report. Motion carried unanimously. Sidewalk Quotes MOTION BY Berning, seconded by Fay to accept the low quote of$7,800 from Richard lmholte to complete the 62nd Street and Karston Avenue Sidewalk Project. Motion carried unanimously. PLANNING & ZONING Hunter's Pass-Preliminary Plat-Conditional Use Permit (CUP)-Planned Unit Development (PUD) City Planner Brixius proceeded by sharing with the Council that the Planning Commission at their September 14,2004 meeting considered the application for Preliminary Plat and CUP/PUD for Hunter's Pass. The Planning Commission recommended approval of the application as outlined in the NAC and City Engineer's report. The applicant has provided information regarding architectural standards that include the following: 1. No vinyl or steel siding on street side of homes. 2. Architectural roofing on all roofs. 3. Homes should have significant brick or stone exterior. 4. Roofs must have multiple plans and pitches. 5. Garages must be large enough for two vehicles plus storage. Garages should be de- emphasized. 6. Windows, doors, and other elements should have architectural trim. 7. All homes will submit a landscaping plan for review and approval. 8. Homes shall be of a significant size. Additionally, the applicant will be required to provide City staff with full scale plans ofthe revised landscaping plan and overall site plan for review. 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 site is bounded on the north by 70th Street, the east by MacIver Avenue, the south by Mudd Lake, and the west by the Towne Lakes Preliminary Plat. Albertville City Council Minutes October 18, 2004 Page 4 of9 . b. The planning report dated August 24,2004 from NAC and S.E.H. report dated September 8, 2004 was prepared for the application and presented to the Planning Commission. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. Traffic generated by the proposed use is within capabilities of streets serving the property as proposed. The requirements of the Albertville zoning ordinance have been reviewed in relation to proposed plans. The proposed actions have been considered in relation to the specific policies and provisions of and have been found to be consistent with the comprehensive plan. The proposed development will be compatible with present and future land uses of the area. The proposed use conforms to all applicable zoning ordinance performance standards. The proposed use will not tend to or actually depreciate the area in which it is proposed. c. d. e. f. g. h. 1. City Planner Brixius brought to the Council's attention there were a number oflots which shall be considered the flag lots (lots 13, 14 of block 3 and lots 8, 9 of block 1). . The applicant shall provide a directory of setbacks for each lot within the subdivision. Setbacks for each lot shall meet the minimum standards. City Planner Brixius informed the Council that the applicant was present if they had additional questions or concerns. Mayor Peterson asked how big the park area is. From across the room he was unable to locate it on the site plan. City Planner Brixius figured it to be about 50,000 square feet with about 20,000 buildable square feet, the remaining 30,000 is wetland. Joe Huber, representing Developer Matt Froelich stated their original Concept Plan did not have a park, and that they gave up about three (3) lots to a park for the development. Mayor Peterson asked if we would be better off with a cash park dedication rather than that small park.. When the applicant started the process to put a concept plan together they approached the individual resident "Valerius" along 70th Street. At that time they were not interested in selling the property. Since the September 15,2004 Planning and Zoning Commission meeting the resident might be more interested to sell. . Mr. Froelich stated he was not interested in purchasing the property because it would not benefit him and the City would have to buy it. . . . Albertville City Council Minutes October 18,2004 Page 5 of9 Council member Berning stated "why should we buy it. I don't feel the City would want to put a park along 70th Street." Mayor Peterson agrees with Council member Berning in the fact that the City would not be interested in purchasing the land. He felt the park should be placed more in the inner part of the plat and have the residential lots back up to 70th Street. Mayor Peterson do we want to keep the park or do we want a cash park dedication? Council member Klecker asked who would be plowing and maintaining the roads? If it is the City, can you get a plow truck through there to plow? PW Supervisor Guimont answered by saying the City would be maintaining them. Yes they probably could with a smaller plow truck not with the big equipment. Dave Hempel from the Towne Lakes Development shared that some of their streets are 32-feet in the Second Phase and 28-feet in the First Phase and they are able to plow them. Council member Berning asked what value we are putting on the park so we know how much credit they will receive. Mayor Peterson would like to see the park bigger so the kids that are 10 and 11 years of age could also play at the park. Mr. Froelich would explore the acquisition of the property. Mayor Peterson also wanted to know if the City would have the opportunity to review the park plans prior to installing the equipment or whatever? Mr. Froelich said if that was the direction of the Council to go with the park. Council member Berning asked who would pay for it the street connection between Towne Lakes and Hunter's Pass. Mr. Hempel suggested something similar as to what happened with the Third Phase of the Albertville Premium Outlet Mall. One developer would pay Y2 and the other would pay their ~. Whoever develops there first, pays their portion and the other would be assessed their portion. Council member Berning asked about the funds for 70th Street and MacIver Avenue. City Planner Brixius did state the applicant shall escrow funds for the future upgrade of 70th Street and MacIver Avenue. Albertville City Council Minutes October 18, 2004 Page 6 of9 . City Planner Brixius said it is based on $xxx dollars per linier foot on 70th Street and $xxx dollars per linier foot on MacIver Avenue. Mr. Froelich states that Otsego has set the price for MacIver Avenue. He had contacted City Attorney Couri on the fees the City would be charging. City Council heard from an applicant, Mr. Froelich, that they would not have access to MacIver Avenue unless they pay their portion of the development street. The Council agrees that MacIver Avenue needs to be updated. What needs to be done is that City Administrator Kruse contact the City of Otsego to find out what they are doing on MacIver Avenue. City Administrator Kruse then reports back to the Council on or before the next City Council meeting. MOTION BY Council member Berning, seconded by Mayor Peterson to have the City Administrator meet with Otsego staffto draft an agreement for MacIver and 70th Street development. Motion carried unanimously. Council member Berning asked if there were sewer and water trunk funds available and City Engineer Carlson reported that there are funds available. They are trying to find the best location for the lift station. Water connection looks good by going through the shallower spot of the lake and there are trunk funds to cover that. . MOTION BY Council member Klecker, seconded by Council member Berning to approve the Resolution No. 2004-30 (EA W & Negative Declaration for Hunter's Pass). Motion carried unanimously. MOTION BY Council member Fay, seconded by Mayor Peterson to approve the Hunter's Pass Preliminary Plat, Conditional Use Permit, and Planned Unit Development with the revised Findings of Facts available in the City Clerk's office. Motion carried unanimously Curfew Ordinance Mayor Peterson shared with the Council and consultant staff that he was notified by a resident there is a need to update our Curfew Ordinance. Mayor Peterson recommended that City Administrator Kruse take a look at the City's current Curfew Ordinance, then report to the Council at the November 1, 2004 City Council meeting. There will be parents present to discuss this. ENGINEERING 1-94 Interchange Access Permit Discussion City Engineer Carlson reviewed the 1-94 Interchange schedule with the Council that was included in the packet. . Mayor Peterson was under the impression that City Administrator Kruse was already looking for a lobbyist. . . . Albertville City Council Minutes October 18, 2004 Page 7 of9 Council member Berning wanted to know if we can talk to MnDOT. City Engineer Carlson said that is what we were trying to coordinate with the City of St. Michael. Mayor Peterson and Council members want the City Administrator Kruse to report at the next City Council meeting regarding this matter and the status of hiring a lobbyist. Main Avenue and 57th Street Mayor Peterson reported that the intersection of Main Avenue and 57th Street have become busier since Coborn's has opened up. He would like to know ifthere is any possibility of installing a 4-way Stop sign at the intersection. He does understand that it would be odd to put a Stop sign on Main Avenue, but is just trying to prevent a future accident. City Engineer Carlson said we could ask the County to do a traffic study, because it is a county road as well. Mayor Peterson would like S.E.H. to look into this matter and report back next month. 50th Street Sidewalk/Trails Mayor Peterson was addressed by some mother's that are concerned with a few spots of the trail on 50th Street. They feel the trail is rather close to the street considering the speed along the street. They foresee an icy condition and a vehicle sliding and hitting a pedestrian on the trail. Peterson wanted to know ifthere is any way we could install some kind of barrier. City Engineer Carlson stated that we will take a look at this matter and report back to the Council next month. Mayor Peterson said that Lannon A venue was another concerned area to look at. LEGAL Shoppes at Prairie Run - draft Developer's Agreement Assistant City Attorney Ruppe presented a draft of the Developer's Agreement. City Planner Brixius said the applicant is present with new renderings for their review. It was addressed at the October 4, 2004 Council meeting that they would like to see the rear of the building a little more dressed up. Council member Klecker commented that the rear is still not to what the Council requested. He would like it to look like a false front with some kind of fake windows. Council member Fay would like to see some changes from what was presented. To change some of the brick or the colors or other to break it up. Albertville City Council Minutes October 18, 2004 Page 8 of9 . City Planner Brixius reported that the grading of the site is pending on approval of the City Engineer. Dan Tempel, applicant for the Shoppes at Prairie Run, asked about the trails along County Road 19 and getting Park Dedication credit for it. Is that something the Council would consider? MOTION BY Mayor Peterson, seconded by Council member Rich to approve the Shoppes at Prairie Run Final Plat subject to the City Engineer's review and comments. Further, the City should consider granting a credit to the Developer Charge for park dedication funds. Peterson, Rich, and Berning voted aye and Fay and Klecker voted nay. Motion carried. ADMINISTRATION Wages and Insurance Mayor Peterson proceeded to the wages and insurance next. He asked if the Council members had a chance to talk to City Administrator Kruse and Finance Director Lannes. Council member Rich asked if the employees were okay with the information. Ken Lindsay was present and stated that he was not happy with the information. It is going to cost him more money for health insurance. . MOTION BY Council member Rich, seconded by Council member Berning to adopt the health insurance switch from Medica to HealthPartners as it has been presented effective October 30, 2004. Motion carried unanimously. Council member Berning wants City Administrator Kruse to have a guideline or performance level for the employees and job descriptions. Council member Rich stated that is what City Administrator Kruse reported in the memo regarding his review and working on the job description in 2005. MOTION BY Mayor Peterson, seconded by Council member Rich to adopt the 2004 wage schedule as on file in the City Clerk's office and to adjust it by 3% for 2005 effective November 1,2004. Motion carried unanimously. MOTION BY Council member Berning, seconded by Council member Fay to table the longevity steps in the wage schedule until the November 1, 2004 Council meeting. Motion carried unanimously. Written Report Mayor Peterson brought up the part of the City Administrator Kruse's Performance Review and how does the Council want to handle this. Council member Fay and Mayor Peterson will work with City Administrator Kruse to identify a performance review process. . Albertville City Council Minutes October 18, 2004 Page 9 of9 . The Council asked that City Administrator Kruse update all job descriptions and implement a performance review for all employees in 2005. OTHER BUSINESS, MINUTES AND MATERIALS Mayor Peterson brought to the Council's attention an upcoming Cooperating with Cities meeting at the Wright County Government Center on Monday, November 8, 2004 at 7:00 p.m. He was unable to attend as he had another commitment. Council member Berning wanted City Administrator Kruse and PW Supervisor Guimont to take a look at the contents of the Park Buildings and review this Insurance Quote. I feel it is a little high. Council member Klecker received a call from a resident about flushing water mains. He would like the Joint Powers Water Board employees to be more careful when they are flushing to be aware of their surroundings. He would appreciate if Mayor Peterson would bring this up at the next Joint Powers Water Board meeting. Council member Klecker reported on a conference he had recently attended in Duluth. It was rather informative. He picked out the topics he felt would be beneficial to learn about to report back to the City. . ADJOURNMENT MOTION BY Council member Berning, seconded by Council member Klecker to adjourn at 10:20 p.m. Motion carried unanimously ~I{ I~ Don Peterson, Mayor .