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2005-11-07-CC Minutes . . . t\!~~!l'!iJL€ ALBERTVILLE CITY COUNCIL November 7, 2005 Albertville City Hall 7:00 PM PRESENT: Mayor Don Peterson, Council members John Vetsch, LeRoy Berning, Ron Klecker, and Tom Fay, City Attorney Mike Couri, City Planner Al Brixius, City Engineer Mark Kasma, City Administrator Larry Kruse, and City Clerk Bridget Miller Mayor Peterson called the Albertville City Council meeting to order at 7:00 p.m. followed by the Pledge of Allegiance. ADOPT AGENDA MOTION BY Council member Klecker, seconded by Council member Berning to approve the agenda as amended. Motion carried unanimously. Adding: Engineering - Berms by Shoppes at Towne Lakes Phase One and Phase II Administration - Final Inspection on Commercial Buildings Administration - Royalty Float Public Works - Sidewalks along 57th Street NE MINUTES MOTION BY Council member Fay, seconded by Council member Klecker to approve the October 17, 2005 regular City Council minutes as presented and on file in the office of the City Clerk. Motion carried unanimously. CITIZEN FORUM Mayor Peterson asked if there was anyone present to address the Council with a concern that is not already on the agenda. There was no one present. CONSENT AGENDA MOTION BY Council member Berning, seconded by Council member Fay to approve the consent agenda pulling items h. Motion carried unanimously. a. Approve payment of claims check numbers 022053 to 022121 b. Approve the S.E.H. Engineer's recommendation to reduce the Letter of Credit for Towne Lakes 3rd Addition from $155,100 to no less than $57,900 c. Accept the Request from Linda Houghton to Extend COBRA Coverage M:\Public Data\City Council\Council Minutes\2005 Minutes\M 11-07-05 FinaLdoc . City of Albertville City Council Minutes November 7,2005 Page 2 of 15 d. Approve the S.E.H. Engineer's recommendation to reduce the Letter of Credit for Towne Lakes 5th Addition from $569,000 to no less than $460,000 e. Approve application for 3.2 Malt Liquor License for the St. Michael Lions Club for March 7, 2006 for an event to be held at the St. Albert's Parish Center f. Approve the Application for the St. Michael Lions Club to Conduct a Raffle at St. Albert's Parish Center on March 7, 2006 Exemption No. X-06422-05-001 g. Approve Bolton & Menk, Inc.' s recommendation for Application for Payment No.2 and Final for Mud Lake Watermain Crossing to Ellingson Drainage in the amount of $4,621.29 h. Approve the Wright County Sheriffs Department Two-year Contract for Police Service i. Approve Resolution No. 2005-47 entitled Certification of Uncollected Utility Bills and Other Outstanding Invoices j. Approve Bolton & Menk, Inc.'s recommendation for Application for Payment No.2 and Final for 2005 Street Overlay Improvements to Universal Enterprises ofMid-MN Inc. in the amount of$20,517.77 k. Accept R-Way Pumping Inc. to haul approximately 500,000 gallons of sludge and land applied from the Wastewater Treatment Plant to approved sites at a cost not to exceed $46,000 plus $1,000 for Mobilization for a total cost of approximately $47,000 . ACTION ON PULLED CONSENT ITEMS h. Aoorove the Wright Countv Sheriffs Deoartment Two-vear Contract for Police Service Council asked ifthere was continuous (24-hour) coverage for police protection in Albertville. Deputy Joe Hagarty informed the Council that the City does have 24-hour police coverage. We have doubled up during peak times. There is a deputy roaming throughout the area during less peak times. MOTION BY Council member Klecker, seconded by Council member Fay to approve the Wright County Sheriffs Department Two-year Contract for Police Service. Motion carried unanimously. ADOPT RESOLUTION NO. 2005-48 entitled ACCEPTING THE LOW BID FOR THE CONSTRUCTION OF THE NEW CITY HALL Mark Forbes from Bonestroo stated that the bid opening was postponed to November 3,2005 due to an addendum to the specs for the construction. The city received ten (10) bids ranging from $3,064,400 to $3,248,000. The bids have been reviewed and found to be in order. It is Bonestroo's recommendation to go with the low bid from Breitbach Construction for $3,064,400 plus Alternate No.3 at a cost not to exceed ($26,600). MOTION BY Mayor Peterson, seconded by Council member Klecker to approve Resolution No. 2005-48 entitled Accepting the Low Bid from Breitbach Construction in the amount of $3,064,400 with Alternate No.3 in the amount of$26,600 for a total amount of$3,091,000 for the construction of the City Hall. Motion carried unanimously. . M:\Public Data\City Council\Council Minutes\2005 Minutes\M 11-07-05 FinaLdoc . . . City of Albertville City Council Minutes November 7, 2005 Page 3 of 15 STMA YOUTH BASEBALL ASSOCIATION PRESENTATION - RANDY MCCABE Randy McCabe with the STMA Youth Baseball Association informed the City Council the youth association raises funds through the season. The association wanted to donate $500 towards the Parks Department. They would like to see the funds applied towards the maintenance of the fields within Albertville. Mr. McCabe asked ifthe Council would consider installing a batting cage at one of the parks within Albertville. Mayor Peterson invited Mr. McCabe to attend one of the Parks and Recreation Committee meetings. PUBLIC HEARING NOTICE AODfove Resolution No. 2005-42 entitled (Settinl:! the Prairie Run Soecial Assessment) Mayor Peterson opened the public hearing at 7:19 p.m. City Attorney Couri informed the Council that presented in the Council packet is the revised Assessment Roll for the Prairie Run Development. Some of the previous numbers were due to a calculation error. Mayor Peterson asked if there were any questions or comments regarding the Prairie Run Special Assessment hearing. There was no one in the audience to respond to the Prairie Run Special Assessment hearing. Mayor Peterson closed the public hearing at 7:24 p.m. MOTION BY Council member Vetsch, seconded by Council member Berning to approve Resolution No. 2005-42 entitled (Setting the Prairie Run Special Assessment) as presented and on file in the office of the City Clerk. Motion carried unanimously. AODfove Ordinance No. 2005-07 entitled (Liauor License Hours of Ooeration - Fees - License Pavrnent) Mayor Peterson opened the public hearing at 7:25 p.m. Joe Hagaarty with the Wright County Sheriffs Department commented in regards to the 2 a.m. closing and the number of calls the police department receives. Mr. Hagaarty reported that since June 2005 the number of calls has gone down. Mr. Hagaarty noted that he has met with a number ofthe Albertville bar establishment owner's to discuss some ofthe issues and to let them M:\Public Data\City Council\Council Minutes\2005 Minutes\M 11-07-05 Final.doc . City of Albertville City Council Minutes November 7,2005 Page 4 of 15 know the police department will be doing random checks during the week. This may be a deterrent to the customer's at the establishment from doing Mayor Peterson asked if there were any questions or comments regarding the Liquor License public hearing. There was no one in the audience to respond to the Liquor License Ordinance public hearing. Mayor Peterson wanted clarification should the Council decide to stay with the 2:00 a.m. closing could the Council later decide to go back to the 1 :00 a.m. closing. Peterson went into more detail asking what legal action they could take if it was only one establishment causing the majority of the problems. Could the Council restrict the one establishment go to a 1 :00 a.m. closing time. City Attorney Couri stated he would have to do additional research on how to legally handle the possibility of making one establishment close at 1 :00 a.m. and not all of the establishments. Council asked Mr. Hagaarty ifthe sheriffs department received any calls from D. Michael B's establishment. . Mr. Hagaarty reported the sheriff s department received one call in which the manager called asking for assistance to with an intoxicated customer they refused to serve. Mayor Peterson closed the public hearing at 7:34 p.m. MOTION BY Council member Klecker, seconded by Council member Fay to table Ordinance No. 2005-07 entitled an Ordinance Amending Section 4-1-12 of the Albertville City Code Relating to Days and Hours of Operation for On-Sale Liquor Establishments to the as amended and on file in the office of the City Clerk to an unknown date. Motion carried unanimously. Aoorove Resolution No. 2005-46 entitled (SettinlZ the Hunter's Pass Estates Soecial Assessment) Mayor Peterson opened the public hearing at 7:39 p.m. City Attorney Couri reported that included in the Council packet is the Assessment Roll for the Hunter's Pass Estates Development. The property owner's have been notified of the amounts. The City does not have the three middle digits from Wright County Recorder's office, but we should in time to send for certification. Mayor Peterson asked if there were any questions or comments regarding the Hunter's Pass . Estates Special Assessment hearing. M:\Public Data\City Council\Council Minutes\2005 Minutes\M 11-07-05 Fina1.doc . . . City of Albertville City Council Minutes November 7,2005 Page 5 of 15 Mayor Peterson closed the public hearing at 7:41 p.m. MOTION BY Council member Fay, seconded by Council member Berning to approve Resolution No. 2005-46 entitled (Setting the Hunter's Pass Estates Special Assessment) as presented and on file in the office of the City Clerk. Motion carried unanimously. DEPARTMENT BUSINESS FIRE DEPARTMENT Acceotance of Bids - Air Packs Fire Department representative stated the bids have been reviewed. There was only one company that met the specs for the air tanks. Council asked if the air tanks meet the government regulations. Fire Department representative confirmed that the air tanks meet the government regulations with the option of swivels and other minor additions they requested. The Fire Department would go through the process to fit the firefighters will occur as they change from year-to-year or from time-to-time. Council asked if the current air tanks could be traded in. Fire representative reported that yes they could be traded in, but was unaware of how much discount they could receive. The reason the Fire Department asked for new air packs was due to the fact that the current air packs are not serviceable anymore. MOTION BY Council member Klecker, seconded by Council member Vetsch to accept the Low Bid from MES in the amount of $75,260 for the purchase of eighteen full air packs, eighteen spare bottles, and eighteen face masks. Motion carried unanimously. Acceotance of Bids - Pumoer Truck Crimson's bid came in at $447,170 but did not meet the required specs the Albertville Fire Department requested. The only bidder that met all of the requested specs was General; therefore the Fire Department is recommending accepting the Bid of $450,258 from General for the purchase of the new Pumper Truck. MOTION BY Council member Klecker, seconded by Mayor Peterson to accept the Bid from General in the amount of$450,258 for the purchase of a new Pumper Truck with delivery in 2006. Motion carried unanimously. M:\Public Data\City Council\Council Minutes\2005 Minutes\M 11-07-05 Final.doc . . . City of Albertville City Council Minutes November 7,2005 Page 6 of 15 PUBLIC WORKS Written Reoort Public Works Supervisor Guimont was present to answer any questions the Council had regarding his report. There were no additional comments from the City Council. Council had a question for PW Supervisor Guimont regarding the sidewalks along 5ih Street NE. Council would like to see the sidewalk continue along 5ih Street NE. Is there a possibility to install the sidewalk? PW Supervisor Guimont stated that the city could install the sidewalk in 2006. There are a couple of streetlights that would need to be moved. The city would have to absorb the cost unless the city were doing a street improvement project then Center Point Energy would pay for the relocation of the street lights. City Engineer Kasma reported that staff could research the project over the winter and be ready for construction in Spring 2006. W ASTEW ATER TREATMENT PLANT Monthlv Uodate Wastewater Treatment Plant Superintendent Middendorfwas present to answer any questions the Council had regarding his report. There were no additional comments from the City Council. S.E.H. Representative Tom Dye briefly updated the Council on the progress being made on the expansion on the Wastewater Treatment Plant. He noted that the reed beds are close to completion. The clarifier walls will be completed as soon as the equipment arrives on site so we can install. Since we are waiting for the equipment to arrive the contractor may be asking for an extension on the completion date. To the best of Mr. Dye's knowledge the project should be completed by December 31, 2005. FINANCE DEPARTMENT Accounts Receivable Reoort Finance Director Lannes reported on the total accounts receivable billed from 2004 through October 31,2005 has an outstanding balance of$536,900.38. Over 50% of the outstanding balance is due from Edina Development. Proiect Status Uodates Finance Director Lannes informed the Council they received a Project Status Update in the last packet, but has included an additional update for their review. M:\Public Data\City Council\Council Minutes\2005 Minutes\M 11-07-05 Final.doc . City of Albertville City Council Minutes November 7,2005 Page 7 of 15 Nextel Phone Uodate Finance Director Lannes stated that Council asked staffto research the Nextel phone service. Staffhas contacted Nextel and Verizon Wireless to pose the question council had regarding the rates. There would be no cost savings if we were to change to Verizon Wireless. After several conversations with Nextel, staff was able to change the Nextel plan to reduce the cost and provide more service options. Under the previous plan the city was paying an average of $40 per phone per month. Staff changed to a new Government Value Plan, which would cost an average of $29 per phone per month. Council was pleased with the report and the cost savings. Charter Communication Uodate Finance Director Lannes reported that Council directed staff to contact Charter Communications to investigate the fees for Internet service at the Fire Hall as to why it was twice what the City Hall was paying. . Finance Director Lannes informed the Council that the Fire Hall has a CBN Internet connection, which is a business account and allows access in every room and multiple computers without loss of quality and speed. Charter wired the Fire Hall with the CBN line due to the fact it is not considered residential access. When comparing the residential access to the CBN access the residential line would not have the speed and access in multiple rooms. Another way to compare the costs involved would be if a resident wanted the speed and quality in multiple rooms and computers within the dwelling the resident would pay an additional $45.00 per room or computer to the service. In conclusion the $80.00 per month service fee is a savings for the multiple room accessibility, along with the quality and speed of Internet service. PLANNING DEPARTMENT T -Sauare Business Park: Preliminarv Plat: Site and Buildin2: Plan Review: Final Plat: Develooer's A2:reement (not ready) City Planner Brixius reported that T -Square Properties are seeking a preliminary plat and a site and building plan review for a proposed T-square Business Park project. The site of the proposed project is located west of Kyler Avenue Northeast, north of 51 st Street Northeast and south of 53rd Street Northeast. The site is also referred to as Prairie Run, Outlot B. The total site consists of 4.61 deeded acres and is currently zoned B-2 Limited Business District. The applicant has requested that Outlot B be subdivided into Lot 1, Lot 2 and Outlot A. Outlot A will be 1.7 acres, Lot 1 will be approximately one (1) acre and Lot 2 will be 1.9 acres. The applicant has proposed that Outlot A be dedicated to the City Albertville. The only proposed access to the site is on the south side of Lot 1 from Kyler Avenue NE. This . proposed drive requires moving the location of the existing curb cut, which is placed to align M:\Public Data\City Council\Council Minutes\2005 Minutes\M 11-07-05 Final.doc . City of Albertville City Council Minutes November 7,2005 Page 8 of 15 with the entrance to the Shoppes of Prairie Run. Staff recommends keeping the entrance drive to match the existing curb cut. We recommend this change for three reasons: 1) Keeping the existing curb cut will deter the reconstruction needed for a new curb cut. 2) An entrance drive in the location of the existing curb cut will allow delivery trucks area to turn around on site. 3) The trash enclosure can be moved from the front of the property to the north side of the building and still be easily accessed. The change in entrance drive will require the lot to be widened ten (10) feet to the south to meet the required parking needs. The increase in lot width will allow access to the relocated trash enclosure by restricting parking in the stall at the northwest corner of the lot. A cross easement for access between the Lot 1 and Lot 2 should be prepared to allow for access between the two lots if development were to occur on Lot 2. As a condition of the site approval, proposed access location must be subject to approval ofthe City Engineer. . The applicant does not agree to these recommended changes. The applicant would prefer to keep the entrance drive as proposed and move the location of the trash enclosure back from the parking lot on the south side of the building with access from the parking lot. They feel the south access would reduce through traffic in front of their building from motorist traveling to commercial uses on Lot 2 to the south. We recognize the applicant's alternative; however, a site plan of this proposal will need to be submitted to the Planning Commission for review. The drive aisle of the parking lot should be widened from 24 feet to 26 feet for adequate delivery truck circulation and access to the trash enclosure. The site plan is subject to the review and approval by the Fire Inspector to ensure appropriate fire lanes have been provided to accommodate the City's fire protection equipment. A park dedication fee in the amount of $21,000.00 shall be dedicated to the City of Albertville's park fund. 43,086 sq. ft. or 0.99 acres (Lotl) + 1.9 acres (Lot 2) = 2.9 acres 2.9 acres * $7,500 per acre of developed land = $21,000.00 The applicant has proposed to dedicate Outlot A to the City; not specifically as a park. The site plan shows one location for a monument sign at the entry drive. The applicant has also submitted multiple varieties of signs to be used on the site. The Planning Commission and City Council should comment ofthe style of sign used at the entry. Sign details and dimension shall be submitted for review. . City Planner Brixius concluded stating that the Planning Commission should review the attached materials and the issues addressed herein in determining a recommendation to the City Council. M:\Public Data\City Council\Council Minutes\2005 Minutes\M 11-07-05 Fina1.doc . . . City of Albertville City Council Minutes November 7,2005 Page 9 of 15 Our staff recommends approval of the preliminary plat and site and building plan based upon the following conditions: Site and Building Plan Review and Preliminary Plat. The information provided by the applicant gives basis for approval or denial of the application and shall address both existing conditions and changes that will occur during and after development. Our staff believes that the submitted application material meets the minimum requirements for approval of the site and building plan and preliminary plat and is subject to the following conditions: 1) The entrance drive shall be relocated to the existing curb cut. To accommodate this change the lot shall widened ten (10) feet to the south to provide the appropriate number of parking stalls. The parking stall in the northwest corner of the parking lot shall be reserved for access to the trash enclosure. The drive aisle ofthe parking lot shall be widened from 24 feet to 26 to accommodate delivery trucks. The applicant shall submit an alternative to #1 of these recommendations to be considered by the Planning Commission. Site circulation subject to the review and approval by the Fire Inspector to ensure appropriate fire lanes have been provided to accommodate the City's fire protection equipment. Grading, drainage, and utility plan subj ect to the approval of the City Engineer. The proposed contour lines to the south of the building shall be transitioned smoothly into the existing grade. Park dedication fee shall be donated to the City of Albertville in the amount of$21,000. Landscaping/screening revisions are made per the following comments and are subject to the approval of the City. a) Each species on the landscape plan shall be individually labeled with the quantity and variety. b) Areas to be disturbed by construction shall be sodded or seeded and this shall be labeled on the landscape plan. c) The foundation plantings shall be increased and encompass the entire building. d) The landscape plan shall meet the minimum landscape value set by the project value in the above table. e) An irrigation system shall be specified on the landscape plan. t) The scientific/botanical names shall be changed to match the common name. g) The sizes of the deciduous shrubs sized at 18" shall be changes to 24'-30". h) The evergreen trees shall be moved from the drainage way. i) A landscape screen shall be installed to screen the building from homes ofthe Prairie Run development. A comprehensive signage plan shall be submitted illustrating the materials of the signs and the dimensions. The Planning Commission shall agree on one of the styles submitted by the applicant (Exhibit J). A complete photometric plan showing foot-candles on the property line not to exceed 1.0-foot candle, and including the change in square footage oflot area shall be resubmitted and is subject to the approval of the City. 2) 3) 4) 5) 6) 7) 8) M:\Public Data\City Council\Council Minutes\2005 Minutes\M 11-07-05 Fina1.doc . . . City of Albertville City Council Minutes November 7,2005 Page 100f15 9) Details of the trash enclosure submitted and subject to review of the City. 10) The trash enclosure shall be moved to the north side ofthe building. 11) Snow storage shall be moved to a new location on Lot 1 and is subject to review of the City. 12) Additional north, south, and west building elevations showing wall finishes shall be submitted. 13) No window signage allowed. MOTION BY Council member Vetsch, seconded by Council member Fay to approve Resolution No. 2005-49 entitled A Resolution Approving T -Square Business Park Preliminary Plat and Site and Building Plan Review within the City of Albertville as amended and on file in the office of the City Clerk. Motion carried unanimously. ShooDes at Towne Lakes Phase II: Preliminarv Plat: Conditional Use Permit (CUP): Planned Unit Develooment (PUD) City Planner Brixius reported that Granite City Real Estate, LLC has submitted an application for Preliminary Plat and Development Stage PUD for the development of Shoppes of Towne Lakes Phase II. A concept plan was submitted by the applicant and presented to the Planning Commission in September and the City Council on October 3,2005. The development of the Shoppes of Towne Lakes Phase II is intended to be an extension of the development plan, which occurred during Phase I. In exchange for the bank located on the northwestern portion of Phase I, the City required that plans for Phase II have two restaurants sites. After review during the concept stage, the Planning Commission recommended that the applicant proceed to the preliminary plat and development plan stage. The applicant has made revisions to the plan including landscaping, building design details, grading, drainage, and utility plans, as well as setback issues addressed during the concept plan. In order to proceed with the application, the following will be required to be approved by the City. The applicant has demonstrated on the site plan that proposed principal buildings will function; however, a more standard lot configuration will be required in order to avoid future property hardships and disputes. As a requirement of preliminary plat approval, cross access and parking easements will be required for each of the lots within the development. City Planner Brixius noted that the applicant has made many of the changes recommended during the concept plan stage. These include changes related to setbacks, landscaping, grading, drainage, and new plans related to lighting, streets, and utilities. The overall plan is consistent the concept plan proposed in September. The overall plan includes a mix of retail, commercial, and restaurants within the Towne Lakes area. Staffhas reviewed the Preliminary Plat and Development Stage PUD and found that the proposed plan meets the conditions ofthe PUD as defined in the Ordinance, subject to M:\Public Data\City Council\Council Minutes\2005 Minutes\M 11-07-05 Final.doc . . . City of Albertville City Council Minutes November 7, 2005 Page 11 of 15 conditions. If the Planning Commission recommends and the City Council approves the request, our office would recommend that approval be based upon the following recommendations: Preliminary Plat 1. The applicant shall be required to plat the lots to meet the minimum lot requirements of the Ordinance, as irregularly shaped lots will be prohibited. 2. Cross access and parking easements shall be required for each ofthe lots within the development. 3. As a condition of preliminary plat approval, the applicant shall be required to provide additional right-of-way. The street width at the intersection of CSAH 19 shall be 40 feet wide. This will allow for a 14-foot lane for left turns, a 12-foot lane for through-traffic, and a 14-foot lane for right turns. The requested right-of-way shall be subject to the review and approval of the City Engineer. 4. The applicant shall be required to revise the plans to show an easement over all private drives for utilities. Size and location of the easement shall be approved by the City Engineer. Grading and Drainage 1. The City Engineer shall comment on the storm water capacity of Outlot A for both phases as well as issues related to easements and maintenance. 2. The grading, drainage and utility plans are subject to the review and approval of the City Engineer. Streets 1, No parking shall be permitted on any of the private drives. The applicant shall be reasonable for all no-parking signage within the site area. 2. The applicant shall be required to submit shared access and parking agreements that shall run across all lots to allow for common use of parking in the event of overflow need. 3. Because of the limited amount of space for loading as well as the need for parking, loading hours shall be limited to early morning or non-peak business hours to mitigate traffic and parking space issues. The applicant shall be required to provide a narrative to the City indicating the anticipated hours of loading operations for the site. 4. The City Engineer shall comment on additional r-o-w needed for a left-turn-right-turn lane on Lake Towne Road. 5. A snow storage plan shall be prepared and submitted at the time of preliminary plat. Lighting 1. The applicant shall be required to submit details regarding all lighting fixtures, including pole height for all fixtures as part of approval of the site and building plan review. Said fixture shall be identical to the exterior lighting of Shoppes of Towne Lake Phase I. Landscaping 1. The applicant shall convert two (2) parking stalls into landscaped islands with two (2) red sunset maples to break up the parking lot between Lots 2 and 3. M:\Public Data\City Council\Council Minutes\2005 Minutes\M 11-07-05 FinaLdoc . City of Albertville City Council Minutes November 7,2005 Page 12 of 15 2. Landscape plantings shall be intensified along the entrances from 68th Street Northeast, Linwood Drive and West Laketowne Drive while maintaining site lines into the various buildings. In addition, plantings along residential uses to the east shall also be intensified. These intensified landscape plantings shall include a variety of ornamental trees, shrubs and perennials to add visual aesthetic to the visitor's experience and screen from the adjacent residential uses. 3. A Mn/DOT wetland seed mixture shall be identified for the periphery of Outlot A's storm water retention pond as turf sodding is not an acceptable environmental perimeter landscape treatment. 4. The applicant shall be required to intensify the landscaping around the outlot as it will be seen as an entrance to the development from the southwest. . Building Design 1. Approval of the preliminary plat shall not constitute approval of the building design. Each building will be required to be approved through review of the Planning Commission and approval of the City Council prior to the issuance of a building permit. 2. The buildings of Phase II shall be of the highest quality using a combination of a minimum of 20%-25% stone and brick throughout each building. The specific percentage shall be determined by the Planning Commission and City Council. The same architectural standards shall be required for all monument signage within the site. 3. The applicant shall submit color-building elevations for the review and approval of the Planning Commission at the time of site and building plan review. 4. The exterior finishes of the trash enclosure shall be compatible with the exterior architectural features of the principal building. Additional screening will be required around each enclosure. 5. If hipped or cross-hipped roofs are proposed, the applicant will be required to identify the heating and air conditioning units within the site. Additional screening of these areas shall be required. 6. No HV AC equipment will be allowed on the CR-19 side of the buildings. All HV AC equipment must be property screened. Signage 1. A separate comprehensive sign plan will be required as part of the overall site. Detailed information related to sign size, lighting, and additional locations within the site shall be submitted and reviewed as a separate application. Additional Conditions 1. The applicant shall enter into a development agreement with the City. The City Attorney shall prepare the development agreement. Additional comments from staff, Planning Commission, or City Council City Planner Brixius went on to explain that at your request, I have reviewed the revised plans . for the Shoppes at Towne Lakes II. The developer has revised the plans to reflect the Planning M:\Public Data\City Council\Council Minutes\2005 Minutes\M 11-07-05 FinaLdoc . City of Albertville City Council Minutes November 7, 2005 Page 13 of 15 Commission's recommendations as discussed in October. Among these changes include the following: 1. The developer has revised the sidewalk width from 5 feet to 7 feet 2. The parking lots have been revised on Lot 2 and Lot 3 to allow for a landscaped island. 3. The turn lanes on West Laketowne Drive NE were widened. 4. Easements were added over the water main and sanitary sewer. 5. Hydrology calculations have been submitted that address Phase Two and future phases to the north. 6. A signage and striping plan has been included. The applicant has also enclosed a letter to the City Engineer addressing engineering issues raised as part of Preliminary Plat review. As part ofthe Preliminary Plat review, the City Engineer recommended that the City consider granting approval of the plat subject to the construction ofa bituminous trail along CSAH 19. According to the developer, the construction ofa bituminous trail along CSAH 19 appears to be premature as the addition of a trail should be considered as part of the upgrade to CSAH 19. Furthermore, construction of a trail would likely impact the wetland on the southwestern corner of the plat. The City Council should review this issue prior to granting approval of the preliminary plat. Council brought up the concern regarding the restaurants within the site. Council thought they . made it clear they did not want to see a restaurant with a drive-thru. Staff did not recall the restriction on a drive-thru, but did note Council wanted two restaurants with one being a sit-down type. Dan Temple, the developer for the site, brought to the Council attention they brought the exterior material for the buildings to higher standards and are implementing other amenities throughout the site. City Attorney Couri recommended to the Council that the approval be tabled until the November 21, 2005 City Council meeting to allow staff additional time to research the restaurants and review the newly revised site plans presented at the meeting tonight. MOTION BY Council member Vetsch, seconded by Council member Berning to approve Resolution No. 2005-50 entitled A Resolution Approving the Shoppes at Towne Lakes Phase II Preliminary Plat; Planned Unit Development (PUD); Conditional Use Permit (CUP) within the City of Albertville as amended and on file in the office of the City Clerk. Motion carried unanimously. ENGINEERING Bolton and Menk. Inc. Proiect Status Uodate . M:\Public Data\City Council\Council Minutes\2005 Minutes\M 11-07-05 Final.doc . . . City of Albertville City Council Minutes November 7, 2005 Page 140f15 City Engineer Kasma stated the Outdoor Hockey/Skating Rink is behind schedule due to the fact we had about sixteen rain days. City Engineer Kasma went on to report that on Tuesday, November 8th staff will be conducting a physical walk along County Ditch 9. Staff will further discuss the issues with St. Michael staff to address the concerns with the flooding and implement the existing County Ditch 9 Agreement. Council brought to staffs attention the berms are growing in the Shoppes at Towne Lakes Phase One and Phase II. If staff could look into controlling or removing the berms now before they are a problem down the road as they are in the Albertville Premium Outlets. LEGAL Extension of Phil Morris Prooertv 60-dav Delineation Ruling City Attorney Couri stated that the Phil Morris property 60-day MitigationlDelineation will be expiring soon. Staff recommends extended the 60-day ruling. MOTION BY Mayor Peterson, seconded by Council member Klecker to approve the Extension of Phillip Morris Property 60-day Mitigation/Delineation Ruling. Motion carried unanimously. ADMINISTRA nON LMC Tort Liabilitv Waiver City Administrator Kruse reported that as you can see presented in the packet the city has been complying to the Waiver since 1998. MOTION BY Council member Klecker, seconded by Mayor Peterson to the LMC Tort Liability Waiver as on file in the office of the City Clerk. Motion carried unanimously. Dan Krom - Tinklenberg Notice City Administrator Kruse brought to the Council attention the notice received that Dan Krom is no longer with the Tinklenberg Group. The new representative is Elwyn will be contacting the city to discuss staffing for the remaining work with the City on the 1-94 Project. Knecht! Prooertv City Administrator Kruse stated that with the proposal to purchase the property there is a concern with the sign located on the property. Staff will meet to discuss the relocation ofthe sign within the city limits. Citv Hall Uodate City Administrator Kruse reported that the PW employees will begin disposing of the trees on the lot and stock piling them should anyone want to take the brush and logs. The garages will be removed by Thursday, November 10th. M:\Public Data\City Council\Council Minutes\2005 Minutes\M 11-07-05 Fina1.doc . . . City of Albertville City Council Minutes November 7,2005 Page 15 of 15 Emolovee Retirement City Administrator Kruse stated that Ken Lindsay has been considering retirement. He has been with the city for nearly 31-years. PW Supervisor Guimont, Mr. Lindsay and I have met to discuss a transitional plan since it would involve the snowplowing season. Mr. Lindsay agreed to be available to assist with snowplowing. Council was not very receptive to the proposal for Mr. Lindsay's retirement package. They would agree to the majority of the proposal with January 15,2006 as the effective date instead of March 31, 2006. City Administrator Kruse noted he would report back to Mr. Lindsay the Council's recommendations to the proposal and bring it back to Council at a later date. MOTION BY Mayor Peterson, seconded by Council member Fay to accept the Retirement Resignation from Ken Lindsay with the recommendations on file in the office of the City Administrator and subject to Ken Lindsay's approval to the recommendations made by the Council. Motion carried unanimously. Albertville Rovaltv Float Council member Berning brought it to the Mayor and other Council member's attention the new float is larger than the previous float. The Royalty members are asking if the city would consider purchasing a vehicle to pull the vehicle. At this time the Royalty committee has been soliciting car dealers to allow them to use one of their vehicles to pull the float from parade to parade. The parents are not comfortable pulling the almost 9,000 pound float around the surrounding community. Council asked where the vehicle and float would be stored and who would cover the insurance on the items. Those are a couple of items to work out once we get the commitment to purchase the vehicle. There is an option to allow other non-profit organizations to raise funds to assist with the purchase. ADJOURNMENT MOTION BY Mayor Peterson, seconded by Council member Vetsch to adjourn at 10:15 p.m. Motion carried unanimously. 1~~P Don Peterson, Mayor ~ --...~.""" M:\Public Data\City Council\Council Minutes\2005 Minutes\M 11-07-05 Final.doc