SPECIAL MEETING OF SARTELL CITY COUNCIL WITH LESAUK TOWN BOARD AND ANITA RASMUSSEN, CITY PLANNING DIRECTOR

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1 SPECIAL MEETING OF SARTELL CITY COUNCIL WITH LESAUK TOWN BOARD AND SARTELL - ST. STEPHEN SCHOOL BOARD MINUTES OF JANUARY 5, 2004 SPECIAL MEETING Pursuant to due call and notice thereof, a special meeting was held on January 5, 2004, Mayor in the Sartell City Hall Council Chambers. Pogatshnik called the meeting to order at 7 : 00 p. m. COUNCIL MEMBERS PRESENT: POGATSHNIK, LEWANDOWSKI, O' DRISCOLL, ORNDORFF TOWN BOARD MEMBERS PRESENT: DWIGHT SHARP, MARK BROMENSCHENKEL, KEVIN PULLIS SCHOOL BOARD MEMBERS PRESENT: ROCHELLE BLEASE, BILL GALARNEAULT, MICHELLE MEYERS, JULIE ZUPFER - ANDERSON, ROGER WEYER, DONNA STERNBERG STAFF PRESENT: PATTI GARTLAND, CITY ADMINISTRATOR ANITA RASMUSSEN, CITY PLANNING DIRECTOR SID WILLIAMSON, CITY ENGINEER BRIAN DAVIES, CITY ENGINEERING TECHNICIAN MARLYCE PLANTE, TOWN CLERK DR. KAY WORNER, SCHOOL DISTRICT SUPERINTENDENT STEVE WRUCK, SCHOOL DISTRICT BUSINESS MANAGER AGENDA REVIEW & ADOPTION ORNDORFF MADE A MOTION TO ADOPT THE AGENDA AS PREPARED BY THE CITY. THE MOTION WAS SECONDED BY PULLIS. MOTION UNANIMOUSLY CARRIED. DISCUSSION OF PINE CONE ROAD NORTH IMPROVEMENT PLANNING r 1 Mayor Pogatshnik requested a brief orientation to the area of concern for Pine Cone Road North be presented with a power point presentation by Sid Williamson. Mayor noted that a letter was sent by City Administrator Gartland on December 9, 2003, to the Town Board indicating the city' s willingness to again attempt a collaborative development funding agreement to enable the much needed upgrading of Pine Cone Road North to be undertaken and completed prior to the opening of the new elementary school this fall. Written copies of the power point presentation were handed out. Superintendent Worner shared safety concerns for the existing Pine Cone Road North roadway. Traffic analysis completed for the new site supports a full curb intersection at 27th Street or, at a minimum, a right turn lane addition to Pine Cone Road. Galarneault noted that there are statutory limitations for use of school monies for roadway improvements and that he He has been opposed to using any school monies for roadway improvements. also noted that the board collectively has not taken a position on any form of collaborative funding attempts to get Pine Cone Road improved. 1

2 cullis suggested that a smaller committee be created to work on a ollaborative development plan and funding agreement and that they use the 1995 Pine Cone Road improvement agreement as a starting point. on inquiry, Sid indicated the intent is to extend the existing three -lane design ( 44' width) with curb, gutter & bike path is proposed. Gartland noted that extensive time and effort was invested by City staff last winter and spring in an attempt to structure a collaborative development and funding agreement that would be approved by the City, Town and School District. Project cost estimates and various potential participation scenarios were created by city staff and provided to School District staff and Town Board members. Annexation of needed right -of -way and petitioning for inclusion of the right -of -way on the city' s Municipal State Aid system were approved and then had to be reversed because an acceptable agreement wasn' t achieved. An attempt to structure a funding agreement for a more limited project that would result in full curb intersection at 27th Street also was rejected by the Town Board. Single family properties along Pine Cone Road North were provided detailed information of what the cost for utility and road assessments would be if Gartland their property was annexed and extended utility service in suggested that she believes it is imperative that the Town Board identify what the parameters and process requirements are for them to participate in a collaborative agreement - once that happens, funding scenarios can be drafted. She also noted that annexation of the right -of -way needed for the roject would have to be approved by the Town Board within the next few eeks whether the Town Board agreed to participate financially or not. Sharp suggested that the city purchase the additional right -of -way needed first and then annex the right -of -way. Gartland indicated that the city would not proceed with purchasing additional right -of -way for a corridor and project that isn' t located in the City and where the majority of the abutting benefiting properties are in the Township. If the needed 80' corridor is approved by the City Council and Town Board for annexation and an improvement project is then approved for implementation, then the city would proceed to purchase the additional right -of -way. In order to access the project MSA funds for the city' s share of the improvement project, corridor must be on the city' s approved MSA system which must be in the city limits. If the Town Board will not agree to the 80' corridor annexation - the project is dead and development of a funding wide right -of -way agreement becomes a moot issue. Sid noted that the additional 14' of right - of -way needed is intended to come entirely from the east side of Pine Cone Road and that the petition deadline for MSA route changes is 3/ 1/ 04 - therefore, annexation of the 80' right -of -way corridor would have to be approved by the City and Town prior to that date. Mayor Pogatshnik offered city staff resources to work with the Town Board and School District in determining the estimated project component costs and structuring funding scenario options. To that end, Pullis and Worner offered to meet with the city engineer and city administrator. The School 0oard will place this matter on their next meeting agenda ( January 25). 2

3 W CELLANEOUS A motion was made by Bromenschenkel and seconded by Orndorff to schedule the annual Government Center meeting for 7: 30 p. m. on Wednesday, January 28, 2004, in the Government Center Building /Town Hall. Motion unanimously carried. Discussion of the Pine Cone Road North improvement project and potential changes to the existing orderly annexation agreement will be placed on the agenda for that meeting. The meeting was adjourned at 9: 05 p. m. Minutes By: Patti Gartland City Administrator MAYOR 0 3

4 0 SARTELL CITY COUNCIL MEETING MINUTES OF JANUARY FIRST MEETING Pursuant to due call and notice thereof, the first meeting of 2004 was held on January 12, 2004 in the council chambers of the Sartell City Hall. Mayor Pogatshnik called the meeting to order at 7: 00 p.m. COUNCIL PRESENT: COUNCIL ABSENT: PRESENT: Mayor Pogatshnik, Council members: Blease, Lewandowski O' Driscoll, Orndorff None Patti Gartland, City Administrator Judy Molitor, Administrative Secretary Bob Ringstrom, Chief of Police Sid Williamson, City Engineer Anita Rasmussen, Planning & Community Development Director PLEDGE OF ALLEGIANCE AGENDA REVIEW AND ADOPTION 9 A MOTION WAS MADE BY LEWANDOWSKI ADOPTING THE AGENDA AS AMENDED. THE MOTION WAS SECONDED BY O' DRISCOLL. SPECIAL RECOGNITIONS Chief Ringstom presented meritorious service awards to Officer Schreiner and Officer Miller for their combined efforts during 2003 with their exceptional interdiction of street drugs in the City of Sartell. The letter of commendation was read by Chief Ringstrom and awards were presented to the officers. APPROVAL OF CITY COUNCIL MINUTES A MOTION WAS MADE BY ORNDORFF APPRPOVING THE MINUTES AS CORRECTED OF THE DECEMBER 8, 2003 REGULAR MEETING. APPROVAL AS PRESENTED FOR THE DECEMBER 17, 2003 AND JANUARY 5, 2004, SPECIAL MEETINGS. THE MOTION WAS SECONDED BY LEWANDOWSKI. is CONSENT AGENDA a. December Building Inspectors Report Acceptance b. November Finance Directors Report Acceptance C. December Public Work Commission Notes Approval d. Approval of a resolution accepting a petition for annexation ( Dan and Wendy Salo, 1611 Riverside Avenue North) e. Approval of a resolution accepting a petition for annexation (Connie Ziegler -Long, County Road 1) f. Set Local Board of Review Meeting, Benton County Portion of Sartell, Tuesday, April 13, 2004, at 6: 30 p.m.

5 r f J January 12, 2004 g. Approval of 2004 contract for city engineering services with Bonestroo Williamson Kotsmith. h. Approval of 2004 contract for electrical inspector services with Darrell Nemeth 1. Approval of 2004 contract for building, plumbing, and HVAC inspection services with Great Northern Building Inspection, Inc. j. Approval of 2004 contract for assessing services with Great Northern Building Inspection, Inc. k. Approval to hire Jerry Raymond and James Reiland as regularly scheduled part- time fire inspectors for Approval of 2004 contract for auditing services with Schmitz & m. Approval of 2004 refuse hauler licenses Ketchum, CPA' s n. Set annual meeting of the Economic Development Authority for March 8, 2004 at 6 P.M. o. Set public hearing for January 27, 2003, for variance request (Kuhl) p. Resolution supporting legislation to enable photographic enforcement of traffic signal violations q. Approval of advertising and publicity agreement with the St. Cloud Area Convention and Visitors Bureau for 2004 r. Approval of resolution approving preliminary engineering report and setting a public hearing for February 9, 2004, for Prairie Meadow Estates s. Approval of resolution approving plans and specifications and setting bid letting for 2 p. m. on February 9, 2004, for Creek Ridge t. Authorization to proceed with right -of -way acquisition process for the Richard Swenson property for the 2 "d Street South extension west of Pine Cone Road u. Authorization to proceeds with utility easement acquisition actions needed for extension of the West Side Interceptor v. Approval of a resolution establishing an addressing and roadway naming/numbering policy with the City of Sartell w. Set special meeting of the City Council for 9 a. m. Saturday, january 24, 2 t, January 31, 2004 at St. Cloud City Hall to meet with area legislators on 2004 legislative matters x. Acceptance of a $ 1, 747 International Paper grant on behalf of the Sartell Baseball Association and a $ 450 International Paper grant for arches for the entrance to a new rose garden in a city park. A MOTION WAS MADE BY LEWANDOWSKI APPROVING CONSENT AGENDA ITEMS A THROUGH X AS CORRECTED. THE MOTION WAS SECONDED BY ORNDORFF. PUBLIC HEARINGS Madison Square Preliminary Plat 7 :20 p.m. Mayor Pogatshnik opened the public hearing for consideration of the preliminary plat for Madison Square and explained how the hearing would be conducted. On behalf of Viking Development, Anita Rasmussen presented the preliminary plat of Madison Square. The plat is approximately 7 acres in size, zoned B -2 with one access from the future extension of 2 "d Street and 1St Street North. The developer is proposing to remove the existing homes on the site due to the fact that they are neither in compliance with the existing zoning nor the setback provisions. The preliminary plat will need to note the removal of these buildings as well as the fact that the removal of the buildings are subject to MPCA rules.

6 9 January 12, 2004 Park dedication would be in the form of a payment in lieu of parkland dedication. According to the subdivision ordinance 5% of the market value or $28, 350 will need to be submitted prior to the recording of the final plat. Al2 -foot bituminous trail connection will need to be extended from the 2nd Street (northerly side) and along the eastern side from the 20th Avenue North. It is anticipated that 2n Street would be improved from Pinecone Road to the future 13th Avenue intersection. The roadway would be a 4 -lane with a turn lane at the Pine Cone Road intersection. Plans will likely call for this intersection to be lighted. The following recommendations were suggested by staff and the Joint Planning Commission: 1. All issues as raised by the City engineer shall be resolved including: a. A sedimentation pond will be required prior to discharging any storm water into the wetland for water quality treatment. This pond will need to be located outside the wetland boundary. b. The property will have one access off of 13th Avenue and one off of 2nd Street. c. The storm water runoff will need to be treated prior to discharging into the wetland. 2. The preliminary plat will need to note the removal of the existing buildings, as well as the fact that the removal of the buildings are subject to MPCA rules. 3. That 5% of the market value of the lot or $28,350 will need to be submitted prior to the recording of the final plat for park dedication requirements. There were no comments from the public. Mayor Pogatshnik closed the hearing at 7: 25 p.m. Council member O'Driscoll discussed timeframe and design of the road west to 13th avenue as well as the bike /pedestrian trail. Council member Blease asked if the lighted intersection has any relationship to preliminary plat approval? Anita said the preliminary plat is a separate issue. Resolution approvinl requested preliminary plat A MOTION WAS MADE BY BLEASE ADOPTING RESOLUTION APPROVING THE PRELIMINARY PLAT OF MADISON SQUARE. THE MOTION WAS SECONDED BY O' DRISCOLL. Stone Path Village Preliminary Plat 7: 30 p.m. Mayor Pogatshnik opened a public hearing for the preliminary plat of Stone Path Village. Anita presented the request for Sartell Dynamics for one lot consisting of approximately 3 acres in size. The lot would have typical B -2 Commercial setbacks. Park dedication would be in the form of a payment in lieu of parkland dedication. According to the subdivision ordinance 5% of the market value or $29, 610 will need to be submitted prior to the recording of the final plat. A 12 -foot bituminous trail connection will need to be extended from the 2" d Street. The developer is proposing to construct a 12 -foot bituminous trail along Pine Cone Road. Those costs may be deducted from the required parkland dedication requirements. Actual land dedications of any trials or sidewalks within the right of way are not eligible for parkland dedication. The following are recommendations from the Joint Planning Commission and staff. 1. All issues as raised by the City engineer shall be resolved including: a. Direct access is not recommended to be allowed from Pine Cone Road due to safety concerns with traffic on Pine Cone Road

7 0 January 12, 2004 b. Access to the site will only be allowed from future 2nd Street South 9CR133). c. A sedimentation pond will need to be provided for development of the site to provide water quality treatment prior to discharging into the adjacent wetland. 2. That 5% of the market value of the lot or $ 29,610 will need to be submitted prior to the recording of the final plat for park dedication requirements There were no comments from the public. Mayor Pogatshnik closed the hearing at 7: 34 p.m. Council member Blease' s office represents the applicant, therefore he will abstain from voting. Council member Orndorff requested a clarification of location of a right turn lane off Pine Cone Road into this development. Also discussed the possibility of widening Pine Cone Road into a future 4 -lane road, including a right turn lane into this development. Orndorff suggested planning today for the future and acquire as much right of way as possible for future expansion of the road and to avoid further traffic congestion. Omdorff agrees with the need for a future signaled intersection at this location. Council member O'Driscoll discussed location of the bike /pedestrian path and asked the City Engineer to clarify the location. Do to limited space, Sid Williamson said the sidewalk will be on private property within the development. O'Driscoll is concerned with preserving this corridor. Resolution approving requested preliminary plat A MOTION WAS MADE BY LEWANDOWSKI ADOPTING RESOLUTION APPROVING THE PRELIMINARY PLAT OF STONE PATH VILLAGE. THE MOTION WAS SECONDED BY O' DRISCOLL. AYE: POGATSHNIK, LEWANDOWSKI, O' DRISCOLL, ORNDORFF ABSTAIN: BLEASE Anita presented the request from Sartell Dynamics for city services to Stone Path Village. Resolution approving Stone Path Village Improvement Petition A MOTION WAS MADE BY LEWANDOWSKI ADOPTING RESOLUTION AUTHORIZING THE FEASIBILITY STUDY ON CAPITAL IMPROVEMENT PETITION NO STONE PATH VILLAGE. THE MOTION WAS SECONDED BY O' DRISCOLL. AYE: POGATSHNIK, LEWANDOWSKI, O' DRISCOLL, ORNDORFF ABSTAIN: BLEASE Rezoning from R -2 Residential to I -1 Light Industrial Millinger Property) 8: 49 p.m. Mayor Pogatshnik called the public hearing to order. Mayor explained that the first public hearing to consider this rezoning was held on November 24, 2003, public input was taken and the hearing was continued to January 12, Mayor Pogatshnik explained the order of how this hearing would be conducted. Anita explained, as part of the implementation of the City's recently adopted Comprehensive Plan as well as the result of the City's recent application to the JOBZ tax exempt program, staff recommended and the

8 0 January 12, 2004 Council approved initiating the rezoning of certain properties from R -2 Two and Single Family to I -1 Light Industrial. The purpose of rezoning is to provide space for industrial activities involving a minimum degree of refuse by- products, air or noise pollution and a low level of on- premise processing. The property is adjacent to an existing industrial area to the north, and a state highway borders to the east. The city of Sauk Rapids borders on the south and is currently used as a gravel mining operation. The property on the west is a single - family development. Initiating the rezoning of this property comes as a result of the comprehensive planning process, which determined that this area was underutilized as residential property and the highest and best use of the property is office and warehouse uses. The property is situated in an ideal location for industrial development and is near Highway 15 as well as borders an existing industrial property to the north. The overall purpose of this rezoning is to ensure that the zoning map is in conformance with the future land use designation for this property. Staff hosted a neighborhood meeting since the public hearing in an attempt to address the concerns raised by the neighborhood. Option II was presented during the meeting which included roughly 4 acres of R -2 development for single and two family residential and just over 9 acres of Industrial land. The neighbors and property owner dismissed this option because they simply did not want any industrial land located within the Killinger property. They felt the highest and best use of the land is and should remain residential. Since the neighborhood meeting, Anita completed a third option which includes over 10 acres of the Killinger Property to remain as R -2 and have 3. 4 acres rezoned to I -1. This would allow additional development opportunities for residential development, yet still stay within the economic development and land use goals of the Comprehensive Plan, but to a lesser extent. On behalf of staff, Anita recommended rezoning the property as demonstrated in Option II (4 acres R -2 and 9 acres as I -1) This would allow for a reasonable transition of housing and distance from the current homeowners to that of the industrially zoned property. Voting from the Joint Planning Commission failed for lack of a majority vote. The following comments were heard from the public, however these statements do not reflect entire statements made: Ernie Wollak, Wollak Construction 6225 Hwy 10 NW, Sauk Rapids, handed out a list of people opposing the rezoning to the Mayor and Council members, indicating that most of the signatures were from neighboring residents of Oak View Pond. Mr. Wollak presented his concept plan to develop 41 single family lots abutting his Oak View Pond residential neighborhood, preserve mature trees and add holding ponds. Wollak discussed price ranges of homes in the area as well as price ranges for his proposed homes in his concept plan. Mayor Pogatshnik read a letter from Todd Schultz which stated that the City of Sauk Rapids has not received any plans or applications relating to the Killinger Bauerly Pit. Fred Shermock 13 Roger Road, St. Cloud feels that to rezone the property would change the nature of the land. Rolling, wooded hills with water land should be zoned R -2 for it's highest and best use. Shermock is frustrated with the suggested change of zoning. Elmer Hollenhorst, 908 Oak Pond Ct. read the letter ( furnished to the Council) from his neighbor Betty Benkowski, 909 Oak Pond Dr, opposing the rezoning. Dan Lahr, 717 Oak Pond Drive, is strongly opposed to rezoning. Lahr invested a lot of money in his home and feels it is a beautiful, safe area to walk and prefers to keep it that way.

9 January 12, 2004 Kevin Hanson, 920 Oak Pond Ct. is opposed to a commercial development right behind his lot. Judy Bettermann, 1004 Oak Pond Drive, when they bought their property they were told the land abutting theirs would be residential, concerned they will loose the value of their property if rezoned to industrial. John Pearson, a' Street Northwest, Rice, MN questioned how the residents were notified of the rezoning and the process of notifying area residents of the comp plan process. Anita explained how the public hearings were advertised and held prior to the adoption of the comp plan adoption. John Pearson, '' Street Northwest asked if the property owners were notified of the rezoning? Anita explained that property owners within 350 feet of the land to be rezoned were all sent letters notifying them of the public hearings. Renee Strang, `h Avenue, Sauk Rapids said she never received a notification and asked if it was because they are in Sauk Rapids? Anita said all property owners within 350 feet were notified and that it doesn't make any difference if they are in Sauk Rapids. Owner of the property Ken Killinger said the City should ask the owner of the property first if he is interested in rezoning. Mayor Pogatshnik explained how all residents were asked to come to the comp plan meetings and share ideas for fixture land use. The City tried to make everyone aware of what is going on and advertised that anyone with interest could come to the meetings. Susan Schneider, 704 Oak Pond Drive was one of the earliest home buyers and was not aware of the meetings. Schneider asked the Council not to approve because most of the homeowners assumed the area surrounding would be residential. Elmer Hollenhorst, 908 Oak Pond Ct., said he moved from the lake and asked the Council to keep the beauty in the area. Paul Wenner, 708 Oak Pond Drive feels that excessive traffic in the area would disrupt the neighborhood, especially with Good Shepherd to the west and now with considering rezoning. 8: 35 p.m. Mayor Pogatshnik closed the hearing. Council member O'Driscoll asked the City Engineer what would put more strain on the existing environmental wetland, residential or industrial? City Engineer, Sid Williamson said with storm water ponds, it is best to develop as industrial. O'Driscoll also discussed traffic routing options and the option of creating a transition buffer between the current residential and industrial areas. Council member Lewandowski said she is aware the industrial zoning is not well received, however feels the proposal with 40+ additional homes will bring more traffic to the area in comparison to the industrial zoning. Mayor Pogatshnik asked for the zoning prior to the discussions and hearings on the comp plan update and revision? Anita said it was R -2. Mayor also asked what the process would be for Wollak Construction to be able to build the 40+ homes as proposed, which is a smaller than standard size. Rasmussen said it would require a rezoning to a Planned Unit Development (PUD), which allows for higher density. Council member Orndorff discussed the third option of leaving 10 acres residential and the balance of approximately 3. 4 acres for industrial. Omdorff said he served on the Joint Planning Commission and also attended most of the comp plan meetings and feels this is an ideal location for industrial property to be developed along a main arterial. The City did an excellent job of notifying residents of the comp plan

10 0 January 12, 2004 meetings and discussions with the hopes of getting ideas and to listen to the concerns of the residents for future planning. He said he also understands the concerns of the residents in the area and wants to work with them as well as the developer, City Planner and staff to come to a resolution. Omdorff suggested bringing this issue back to the Council in February, hopefully this will allow enough time to arrive at a mutual compromise. Council member Blease agrees with Omdorff and the transition, however asked if 3. 4 acres is sufficient size for industrial development. Council member O'Driscoll discussed roads and cul -de -sacs options for the development, suggesting a transitional buffer while attempting to save the landscape. O'Driscoll said the JOBZ is a great opportunity. Mayor Pogatshnik reiterated suggestions from the council to have staff work with the property owner, bring in a new plan creating a residential buffer while addressing the concerns of industrial traffic going into a residential neighborhood and minimizing impact. A MOTION WAS MADE BY ORNDORFF TO REOPEN THE PUBLIC HEARING FOR REZONING KILLINGER PROPERTY FROM R -2 RESIDENTIAL TO I -1 LIGHT INDUSTRIAL AND CONTINUE THE HEARING TO FEBRUARY 9TH. THE MOTION WAS SECONDED BY O' DRISCOLL. Recess 9: 14 9: 18 p.m. Rezoning from R -2 Residential to I -1 Light Industrial ( Kuklok Property) 9: 18 p.m. Mayor Pogatshnik opened the public hearing for the rezoning from R -2 to I -1, Kuklok property and explained how the hearing would be conducted. Anita Rasmussen outlined the property which is adjacent to an existing industrial area, and a state highway borders to the east. The City of Sauk Rapids borders the south and the use is currently a gravel pit mining operation. The Killinger property to the west is currently vacant and is zoned for R -2. Initiating the rezoning of this property comes as a result of the comprehensive planning process which determined that this area was underutilized as residential property and the highest and best use of the property is office and warehouse uses. The property is situated in an ideal location for industrial development as it is near highway 15 bordering an existing industrial property. Staff is recommending approval of this property from R -2 to I -1. The following comments were heard from the public, however these comments do not reflect entire statements made: Roger Kuklock, th Avenue, Becker, MN, owner of the property is in favor of rezoning because it is close to the highway and would be the best use for him and for the City. Kuklock does not feel the land would be good for residential development. Renee Strang, t` Avenue, Sauk Rapids discussed the cost of a road into the property and who would pay for it. Strang also discussed taxes and when the classification changes from agricultural to commercial use.

11 January 12, 2004 John Pearson, `b Street Northwest asked if the zoning is changed to I -1 is there a possibility of adult entertainment coming to that location. Anita said adult entertainment is only allowed in I -2 Business zoning. 9: 30 p.m. Mayor closed the hearing. A MOTION WAS MADE BY ORNDORFF APPROVING RESOLUTION ADOPTING FINDINGS OF FACT SUPPORTING A REQUEST FOR A REZONING OF CERTAIN PROPERTY FROM R -2 TWO AND SINGLE FAMILY RESIDENTIAL TO I -1 LIGHT INDUSTRIAL. THE MOTION WAS SECONDED BY O' DRISCOLL. A MOTION WAS MADE BY O' DRISCOLL AND SECONDED BY ORNDORFF ADOPTING ORDINANCE APPROVING THE REZONING OF CERTAIN PROPERTIES (PIN ) KUKLOK FROM R -2 TWO AND SINGLE FAMILY RESIDENTIAL TO I -1 LIGHT INDUSTRIAL. NAY :NONE 0 NEW BUSINESS Final Plat Ferche South Plat 4 ( revised) On behalf of DaVern, Inc, Onwer and Developer, Anita presented the revised final plat known as Meadows Office Park. This revised plat has eliminated the center lots on original plat in order to allow for more green space. The plat is located west of Troop Drive and south of Scout Drive. No structure shall be placed 50 feet from the boundary line of an R -1 district. Because this lot is a corner lot, a 10 -foot setback is required for structures. No park dedication is required as dedication requirements were fulfilled as part of the Ferche 600 and Ferche South Pinecone Road Plat 2 requirements. No new public streets are being proposed with this plat. Staff is recommending approval of this revised final plat. A MOTION WAS MADE BY ORNDORFF AND SECONDED BY LEWANDOWSKI ADOPTING RESOLUTION APPROVING THE FINAL PLAT OF FERCHE SOUTH PINE CONE PLAT 4. Revised Site Plan Meadows Office Park Anita presented the revised site plan for the Meadows Office Park. A MOTION WAS MADE BY BLEASE AND SECONDED BY O' DRISCOLL APPROVING THE PRESENTED SITE PLAN FOR MEADOWS OFFICE PARK.

12 C] January 12, 2004 Report from Exploratory Sign Task Force Chair Rand Schaper, Chair person of the Sign Ordinance Committee presented an update. The committee is in the process of discussing temporary and permanent sign issues as well as allowable letter size and permit fees. Pictures of free standing temporary signs were presented and response letters from area businesses were read. The committee plans to make their recommendation to the Council in the spring. Appointment of Jim Hughes as Interim Police Chief effective February 1, 2004 Patti explained the process of appointing an interim Police Chief to fill the position after Bob Ringstrom retires January 31, 2004 and recommended that Jim Hughes be appointed as the Acting Police Chief effective February 1, 2003 at an annual salary of $56,000. A MOTION WAS MADE BY BLEASE APPOINTING JIM HUGHES AS INTERIM POLICE CHIEF EFFECTIVE FEBRUARY 1, THE MOTION WAS SECONDED BY LEWANDOWSKI. 0 APPROVAL OF ANNUAL APPOINTMENTS AND DESIGNATIONS FOR 2004 Patti made recommendations for necessary changes for appointments in A MOTION WAS MADE BY ORNDORFF AND SECONDED BY LEWANDOWSKI APPROVING RESOLUTION MAKING APPOINTMENTS FOR OLD BUSINESS Auxiliary Ice Rink and Park Shelter Project budget update Brad presented the final design and building quotes for the park shelter /warming house. If the design enhancement to the exterior of the park shelter, suggested by the architect is desired, an additional $ will need to be added to the project budget for a total increase of $18, 000. Patti recommended the additional resources needed come from local option sales tax proceeds. For a multi use shelter, consensus of the Council was to refer to the building as a park shelter rather than a warming house. A MOTION WAS MADE BY LEWANDOWSKI APPROVING THE PARK SHELTER BUDGET INCLUDING THE ENHANCEMENT TO THE EXTERIOR. THE MOTION WAS SECONDED BY BLEASE. AYE: POGATSHNIK, BLEASE, LEWANDOWSKI, ORNDORFF NAY: O' DRISCOLL 9

13 January 12, 2004 DEPARTMENT REPORTS Police Department Chief Ringstrom presented his report A MOTION WAS MADE BY O' DRISCOLL AND SECONDED BY ORNDORFF ACCEPTING THE CHIEF' S REPORT. Public Works Brad presented his maintenance report and updated the Council on the response to the Christmas Tree drop - off as well as the amount of food collected for the local food shelf. A MOTION WAS MADE BY ORNDORFF AND SECONDED BY O' DRISCOLL ACCEPTING THE MAINTENANCE REPORT. CITY ENGINEER Sid presented his memorandum and the bids received for the west side interceptor phase 2 improvements. Recommendation was made to award the bid to the lowest bidder, LaTour Construction for $576, A MOTION WAS MADE BY ORNDORFF ADOPTING RESOLUTION AWARDING THE BID FOR THE WEST SIDE INTERCEPTOR PHASE 2 IMPROVEMENTS PROJECT # TO LATOUR CONSTRUCTION FOR $576, THE MOTION WAS SECONDED BY BLEASE. NAY :NONE Planning & Community Development Director Anita presented her memorandum and asked for a meeting day that would work for the Council to discuss the Life Cycle Housing Policy. January 20, 2004 at 7 p.m. works for everyone. Anita introduced her new intern, Katie Kustritz to the Council. City Administrator Patti presented a list of recommended professional development classes for approval. A MOTION WAS MADE BY O' DRISCOLL AND SECONDED BY LEWANDOWSKI APPROVING THE PROFESSIONAL DEVELOPMENT CLASSES AS RECOMMENDED. 10

14 January 12, 2004 Resolution requesting legislative approval to extend the local option sales tax A MOTION WAS MADE BY LEWANDOWSKI APPROVING RESOLUTION REQUESTING THE MINNESOTA LEGISLATURE TO APPROVE A SPECIAL LAW AUTHORIZING THE EXTENSION OF THE ONE -HALF PERCENT SALES AND USE TAX AUTHORITY GRANTED TO THE CITIES OF ST. CLOUD, SARTELL, SAUK RAPIDS, ST. AUGUSTA, ST. JOSEPH AND WAITE PARK DURING THE 2002 LEGISLATIVE SESSION. THE MOTION WAS SECONDED BY BLEASE. Patti reported that she is working on the tower lease agreement with the City Attorney and Qwest. Mediation on the contract has been requested and Patti will keep the Council updated. PAY ALL VOUCHERS A MOTION WAS MADE BY ORNDORFF AND SECONDED BY O' DRISCOLL APPROVING THE PAYMENT OF ALL VOUCHERS. AYE: POGATSHNIK, BLEASE, LEWANDOWSK19 O' DRISCOLL, ORNDORFF ADJOURN A MOTION WAS MADE BY ORNDORFF AND SECONDED BY O' DRISCOLL TO ADJOURN THE MEETING AT 10: 42 P.M. Minutes By: Judy Nfolitor Administrative Secretary Zzo_-? ev 31:41. I1 L5 I191-11

15 SARTELL CITY COUNCIL AND JOINT PLANNING COMMISSION SPECIAL MEETING MINUTES OF JANUARY 20, 200A Pursuant to due call and notice thereof, a special meeting was held on January 20, 2004 in the council chambers of the Sartell City Hall. Mayor Pogatshnik called the meeting to order at 7: 00 p.m. COUNCIL PRESENT: Mayor Pogatshnik, Mary Lewandowski, Tim O' Driscoll, Jeff Blease, Paul Orndorff COMMISSION PRESENT: Robin Froelich, Mike COMMISSION ABSENT: Tom Buetel, Jerry Brommenschenkel e Larson i ht Sharp, Mark g ALSO' PRESENT: Anita Rasmussen, Planning & Director Sid Williamson, City Engineer Jane DeAustin, CMBA Cheryl Sieverding Fuchs, CMHP Community Development AGENDA REVIEW AND ADOPTION A MOTION WAS MADE BY ORNDORFF ADOPTING THE AGENDA. THE MOTION WAS SECONDED BY LEWANDOWSKI. AYE: POGATSHNIK, LEWANDOWSKI, O' DRISCOLL, FROELICH, LARSON, BLEASE, ORNDORFF Introductions were made. Anita Rasmussen gave a background report to the group as to where and what the issues concerning lifecycle housing developments are and what concerns still need to be resolved. She commented that based on the joint meeting between the Commission and Council during December, there was direction given to take the emphasis away from approving single family lots with numerous deviations from a typical R -1 lot standards. For larger projects, there should be a mix of typical single - family lots with the lifecycle housing " concentrated" around a mix of single family and multifamily (twinhomes and towiihomes). Cheryl Sieverding Fuchs, CMHP gave an update to the Commission and Council on the status of applicants and lifecycle housing units in the St. Cloud Area. She explained that ensure an adequate pool of applicants for CMHP have expanded their marketing efforts to

16 the LCH units. She anticipates the demand for these homes will rise. There had been some calls based on the recent Times article. Mayor Pogatshnik voiced concern over the smaller lot sizes. Tim O' Driscoll also voiced concern over compromising our standards. Jeff Blease commented on the concern of having an entire development which Contain a large portion of deviated lots (more than the number of committed LCH lots). Originally, he thought the only lots with deviated lot standards would be just those, which are committed towards LCH. Tim O' Driscoll again commented on whether or not the " need" is 15 %? Paul Orndorff echoed what both Jeff and Tim questioned. He also questioned the need for affordable units (LCH) when the market already bares homes in the affordable price range when you factor the low interest rates. Jeff Blease questioned why would a buyer want to buy a home with so many restrictions, when they could afford a home based on the market /interest rates as low as they currently are. The idea of structuring assessments in such a way that the LCH units would contain a credit" if sold as a LCH unit. The lots would be required to maintain the minimum R -1 standards. The City would likely need to confirm the commitment of crediting assessments, or spreading assessments in the Development Agreement. Paul Orndorff again expressed concern over the 15% requirement. Cheryl Fuchs suggested waiting until June or July to fully assess the need. Mayor Bob questioned the rationale behind the 15% drafted. requirement when the JPA was Jane DeAustin suggested that there wasn' t any " statistical" reasoning behind the 15% but perhaps reflected a compromise or benchmark. Paul Orndorff expressed the City may need to be flexible according to the market. Anita suggested that the JPA would need to contain the flexibility. Robin Froelich further confirmed continuing to encourage 75 -foot wide lots and using remnant" lots for the lifecycle units. 2

17 Anita suggested that she would request that Sid, Mary, the City Attorney meet to discuss the potential of creating a Lifecycle Housing Assessment formula. At this point, the City would not " soften" on the 15% LCH commitment and the lots should strive to meet the R -1 or more standard. OTHER BUSINESS None ADJOURN A MOTION WAS MADE BY O' DRISCOLL AND SECONDED BY FROELICH, TO ADJOURN THE MEETING AT 8: 30 P.M. AYE: POGATSHNIK, LEWANDOWSKI, O' DRISCOLL, ORNDORF, BLEASE FROELICH, LARSON, Minutes By: Anita xsen Planning and Community Development Director 3

18 0 SARTELL CITY COUNCIL MEETING MINUTES OF JANUARY 26, 2004 SECOND MEETING Pursuant to due call and notice thereof, the second meeting of 2004 was held on January 26, 2004 in the council chambers of the Sartell City Hall. Mayor Pogatshnik called the meeting to order at 7: 03 p.m. COUNCIL PRESENT: COUNCIL ABSENT: PRESENT: Mayor Pogatshnik, Council members: Blease, Lewandowski O' Driscoll, Orndorff None Patti Gartland, City Administrator Judy Molitor, Administrative Secretary Bob Ringstrom, Chief of Police Sid Williamson, City Engineer Anita Rasmussen, Planning & Community Development Director PLEDGE OF ALLEGIANCE AGENDA REVIEW AND ADOPTION A MOTION WAS MADE BY LEWANDOWSKI ADOPTING THE AGENDA AS AMENDED. THE MOTION WAS SECONDED BY O' DRISCOLL. APPROVAL OF CITY COUNCIL MINUTES A MOTION WAS MADE BY ORNDORFF APPRPOVING THE MINUTES AS PRESENTED OF THE JANUAREY 26, 2004 REGULAR MEETING. THE MOTION WAS SECONDED BY BLEASE. CONSENT AGENDA a. Approval of resolution amending the Personnel Policy to facilitate non -union employee participation in a Health Care Savings Plan b. Approval of resolution approving a petition for annexation (Dan and Wendy Salo, 1611 Riverside Avenue North) c. Approval of resolution approving a petition for annexation ( Connie Ziegler -Long, County Road 1) d. Approval of resolution requesting Steams County programming and funding approval for installation of signal lights at 2nd Street South and Pine Cone Road e. Approval ef r-esok4ien supper-ting the phased implementation of NeFthstaF COMmutef Rail De el.,., : a. f. Approval of contracts for preventative maintenance services for wells and water towers g. Approval of budgeted purchase of street sweeper h. Approval of budgeted purchase of trailer i. Resolution approving the initiation of a rezoning of the city-owned compost site on Heritage Drive to conform to Comprehensive Plan land use plan designation

19 0 January 26, 2004 j. Resolution approving application for exemption from lawful gambling permit ( Sartell Band Parents, Inc., March 14, 2004 raffle) k. Approval of amended resolution for 2004 appointments 1. Approval of a resolution calling for a public hearing for March 8, 2004, for the NPDES Phase 2 Storm Water Pollution Prevention Plan A MOTION WAS MADE BY LEWANDOWSKI APPROVING CONSENT AGENDA ITEMS A, B, C, D, AND F THROUGH L AS AMENDED, REMOVING ITEM 'E' TO BE DISCUSSED UNDER THE CITY ADMINISTRATOR' S BUSINESS. THE MOTION WAS SECONDED BY ORNDORFF. PUBLIC HEARINGS Madison Crossing Rezonina from R -1 to PUD 7: 12 p. m. Mayor Pogatshnik opened a public hearing for rezoning Madison Crossing. Mayor explained the order in which he would conduct the hearing. City Planner, Anita Rasmussen presented the request on behalf of Viking Development to rezone their property from R -1 Single Family Residential to R -5 Planned Unit Development to accommodate a mixed residential and commercial development to be known as Madison Crossing. The proposed rezoning is approximately acres in size and consists of 91 single - family lots, 2 multifamily parcels and 2 commercial parcels. The property is currently zoned R -1 single family residential. This property is guided for medium density (0 to 10 units per acre) residential and mixed use according to the future land use plan (0 to 15 units per acre and/ or commercial). The applicant is requesting that the side yard setbacks for the smaller lots sizes be reduced to 6 feet (interior) and 12 feet (street), in addition to smaller than average lot widths. All of the lots proposed are a minimum of 9, 500 square feet. Viking Development will be required to resubmit a site plan, which must conform to typical R -3 ( for multiple family) and B -1 ( for commercial) standards for development, in addition to the site design standards for those commercial projects. Because this development is requesting deviations to the typical lot requirements, the lifecycle Housing requirement will be enacted. Fifteen percent of the proposed single - family homes will need to be dedicated to the City's lifecycle Housing program ( 14 homes). The Joint Planning Commission recommended approval of the request for a rezoning during their December 2003 meeting as long as the applicant has committed to providing 14 single family lifecycle housing units given the number of overall single family lots. The multi - family lots will also be subject to LCH requirements when development of those lots occurs. The following comments were heard from the public, however these recorded comments do not reflect entire statements made. Linda Rehnke, ' Street South asked Anita to outline on the site plan the location of the multi family units and explain the maximum number of units allowed on the site.

20 January 26, 2004 Gary Rehnke, `h Street South asked about the extension of 2nd street south and where the future road design would be. Anita showed a map with future road designs, even though these designs are preliminary. Anita explained that the roads in the Madison Crossing plat were designed to avoid wetlands. Linda Rehnke, d' Street South questioned water run -off from the development and if it would flood their property. The City Engineer explained that the developer would be responsible for storage ponds and run -off drainage easements for the development, he also explained the process of how the sediment ponds work. Gary Rehnke, d' Street South asked Anita to point out on the development where the ponds would be located. 7: 35 Mayor Pogatshnik closed the hearing. Resolution adopting findings of fact supporting the rezoning of the property A MOTION WAS MADE BY LEWANDOWSKI APPROVING RESOLUTION ADOPTING FINDINGS OF FACT RELATING TO A REQUEST FROM VIKING DEVELOPMENT FOR A REZONING OF CERTAIN PROPERTIES FROM R -1 SINGLE FAMILY TO R -5 PLANNED UNIT DEVELOPMENT. THE MOTION WAS SECONDED BY BLEASE. Council member Orndorff discussed the proposed 15% life cycle housing of the 91 lots including the apartment buildings. Orndorff stated that he can't support 6' set backs and small lots. Ordinance approving the rezoning of the property A MOTION WAS MADE BY LEWANDOWSKI ADOPTING ORDINANCE APPROVING REZONING OF CERTAIN PROPERTIES FROM R -1 SINGLE FAMILY RESIDENTIAL TO R -5 PLANNED UNIT DEVELOPMENT. THE MOTION WAS SECONDED BY BLEASE. Madison Crossing Conditional Use Permit Mixed Uses and Lot Deviations 7: 40 p.m. Mayor opened the hearing and Anita Rasmussen submitted the request for a Conditional Use permit to allow single family homes with deviated lot widths and setbacks, as well as a mix of residential and commercial in a Planned Unit Development. The proposed subject property is acres in size. Of the single - family homes approximately 14 of the lots will need to be utilized towards the City's Lifecycle housing goal. All of the single - family lots meet the 9500 square foot lot size requirement. The requested lot deviations are as follows: (only for the foot lots) Side yard setback (interior lot) 6 feet (Typical side yard setback = 10 feet) Side yard setback (street) 12 feet ( Typical setback = 15 feet) Average lot width 60 feet ( Typical =75 feet) The Joint Planning Commission recommended approval based on the following conditions being met: 1. That the property will also contain 14 lots, which will be utilized towards the City's lifecycle housing Goal and follows all responsibilities towards achieving the applicable price point.

21 January 26, That the Conditional Use permit will allow the deviated lots to have front and rear setbacks of 30 feet and the interior side yard setback will be 6 feet, the street side yard will be 12 feet 3. That the developer shall be required to submit ( and record) to the City a set of covenants on the property which prohibit the sides of the homes from containing any patio doors, unless there is room to facilitate the construction of a patio or deck without the need for a variance and that there shall be no window wells, air conditioner units, utility equipment and/ or etc placed within the side yard setbacks of the homes There were no comments from the public. Mayor closed the hearing at 7: 46 p.m. Council member O' Driscoll asked Anita if the developer was aware of the city's preference to give other incentives rather than smaller lots for life cycle housing? Linda Brown from Surveying & Engineering Professionals, Inc. reviewed the lot frontages along the curved road and some of the lot designs. Council member Orndorff discussed the size of some of the lots on the interior of the plat. He is concerned with some lots having a backyard lot width of only 19 feet. As previously stated Omdorff does not favor the smaller setbacks and small lot widths. Mayor Pogatshnik asked how many total lots in the plat deviate from the typical set backs requirements. Anita said that 33 lots would require the 6' and 12' deviation. Council member Lewandowski said the city is not driven to deviate in lot sizes and set backs in order to accommodate life cycle housing, the City could offer other incentives to the developer in order to make lower cost homes feasible. Mayor Pogatshnik asked the council members if the city is willing to deviate from the standard lot widths and set - backs? Council member Blease suggested reviewing the preliminary plat before approving the Conditional Use Permit. A MOTION WAS MADE BY O' DRISCOLL TO TABLE ACTION ON CONSIDERATION OF THE CONDITIONAL USE PERMIT UNTIL AFTER THE PUBLIC HEARING FOR THE PRELIMINARY PLAT. THE MOTIO WAS SECONDED BY BLEASE. Madison Crossine Preliminary Plat 8: 05 p.m. Mayor Pogatshnik opened a public hearing for the purpose of hearing those present regarding the preliminary plat for Madison Crossing. Anita explained the request for the developer, Viking Development. The property is located west of Pine Cone Road and North of County Road 133 and is approximately 88 acres and was annexed into the city as R -1. There are 91 single family lots however approximately 33 of the 91 lots have deviations in terms of average lot width. The minimum requirement for Madison Crossing would be 1, 198 a square foot in parkland dedication. This minimum requirement would be a land dedication, 2. 5 acres or payment in lieu. The applicant is proposing a. 86 acre park and a payment in lieu based on the fee schedule at the time of final platting for the single - family residential portion of the plat. Additional parkland dedication will be required as part of the multi - family and commercial development site plan review.

22 January 26, foot bituminous trail connection will need to be extended from 2 d Street and along County Road 133. concrete trail/path shall be constructed along the western side of the main north/ south road. Sidewalks will need to be constructed along the other roadways (at least on one side). The development is proposing an extension of 2nd Street ( County Road 133). That roadway will have limited access ( no single family). Berming requirements appear to have been met. The Landscaping plan for those berms shall be included on the PUD plan. The berm will need to be installed prior to the issuance of a building permit for that lot. The future 2nd street extension shall be dedicated to the City and not a part of an out lot. The following recommendations were made by the Joint Planning Commission and staff : 1. A minimum of 6 feet for sideyard interior and 12 feet street setbacks and 30 feet for rear setback shall be applied to the single - family lots. Furthermore, for those lots, which meet the minimum lot width, should be considered for typical setbacks Single family lots would be subject to Lifecycle Housing requirements. The multifamily lots will be subject to future LCH dedication requirements. 3. The Landscaping plan for those berms shall be included on the PUD plan. Further, the berm will need to be installed prior to the issuance of a building permit for that lot. 4. All issues as raised by the City engineer are addressed including. a. The layout shows the edge of the proposed county road right of way is into the edge of the wetland. Construction of the sedimentation ponds to the west of the county road may impact the wetlands requiring wetland mitigation. b. The storm water runoff from the proposed county road will need to be treated prior to discharging into the wetland. The minimum radius for the curve on the County Road will require approval by the Stearns County Highway Department. c. Bituminous walking trail will not be allowed in front of lots /yards in residential areas. Driveways will be constructed of concrete and a 10 -foot wide bituminous trail is not allowed through the concrete driveways. d. The standard width of sidewalks is 6 -feet and not 5 -feet as shown e. It is recommended that the roadway width from face of curb to face of curb be 38 feet for the north/south through street. Developer Rick Poplinski said he is willing to make adjustments that all lots will be at least 62 feet wide and will meet the minimum 10 foot side yard setback requirement. There were no comments from the public. Council member Omdorff commented on the residential mix and questioned if the north -east corner of the plat would be developed as commercial? Council member Blease said he appreciates the concessions on the plat from the developer and is comfortable with the revisions. Council member O'Driscoll discussed the east -west corridor and asked if the plan for the future would extend that road across Pine Cone Road? There were no comments from the public. Mayor Pogatshnik reiterated the concession offered by the Developer, is to have all lots conform to the city's set back regulations ( 10' and 15') and no lot would be less than 62 feet wide.

23 January 26, 2004 A MOTION WAS MADE BY BLEASE TO CONTINUE THE PUBLIC HEARING FOR THE PRELIMINARY PLAT OF MADISON CROSSING TO FEBRUARY 9, THE MOTION WAS SECONDED BY O' DRISCOLL. A MOTION WAS MADE BY O' DRISCOLL TO REMOVE THE TABLED ITEM (CONDITIONAL USE PERMIT FOR MADISON CROSSING) AND CONSIDER THE CUP. THE MOTION WAS SECONDED BY ORNDORFF. A MOTION WAS MADE BY O' DRISCOLL TO CONTINUE THE PUBLIC HEARING OF THE CONDITIONAL USE PERMIT FOR MADISON CROSSING TO FEBRUARY 9, THE MOTION WAS SECONDED BY ORNDORFF. d. Zoning Ordinance amendment Chapter 3, Title 10, establishment of zoning for annexed properties e. Zoning Ordinance amendment, Chapter 15, title 10, life cycle housing requirements. f. Subdivision Ordinance amendment Chapter 2 Title 11 Life Cycle Housine Requirements g. Savanna Oaks rezoning request from R -1 to R -5 residential h. Conditional Use Permit request for Savanna Oaks i. Preliminary Plat request for Savanna Oaks A MOTION WAS MADE BY ORNDORFF AND SECONDED BY BLEASE TO CONTINUE THE ABOVE ITEMS D,E,F,G,H,AND I TO THE FEBRUARY 9, 2004 CITY COUNCIL MEETING. Variance request from established building line setback requirement - Mark and Kathy Kuhl, 605 Brookwood Lane. 8: 36 p.m. Mayor opened the public hearing for the variance request. Anita explained the request from Kuhl's for a 10 -foot variance to the building line established by the existing development. The current home is setback approximately 55 feet. The property owners would like to add on a 24 foot long garage to the front of their home. Although the proposed garage would not encroach into the front yard setback ( 30 feet) the garage will be at least 10 feet closer to the front property lines than the neighboring homes. The Joint Planning Commission recommended approval of this request for a 10 foot variance to the building line established by the existing development. The addition and encroachment would not be out of place given the distance lines between the garage and the property owner to the west. 0 There were no comments from the public. The Mayor closed the hearing at 8: 36 p.m.

24 0 January 26, 2004 Mayor Pogatshnik asked the applicant, Mark Kuhl if he had checked on any covenants in the area which would restrict this addition. Mr. Kuhl had not checked. Mayor also asked Anita to outline on the drawing, exactly where the addition would be. Resolution approving findings of fact supportine approval of the requested variance A MOTION WAS MADE BY LEWANDOWSKI APPROVING RESOLUTION ADOPTING FINDINGS OF FACT #23-04 RELATING TO A REQUEST FOR A VARIANCE TO THE BUILDING LINE ESTABLISHED BY THE DEVELOPMENT. THE MOTION WAS SECONDED BY BLEASE. Resolution approving the variance request A MOTION WAS MADE BY LEWANDOWSKI ADOPTING RESOLUTION APPROVING THE ISSUANCE OF A VARIANCE AND DECLARING TERMS OF SAME. THE MOTION WAS SECONDED BY BLEASE. NEW BUSINESS Final Plat Stone Path Village Anita Rasmussen explained the final plat for Stone Path Village for Sartell Dynamics. The plat is approximately 3. 1 acres in size and located west of Pine Cone Road. This plat is subject to the Wetland Ordinance. Park dedication would be in the form of a payment in lieu of parkland dedication. According to the subdivision ordinance 5% of the market value or $29, will need to be submitted prior to the recording of the final plat. A 12 -foot bituminous trail connection will need to be extended from the 2nd Street and along 20d' Avenue North. Any trails or sidewalk within the right of way are not eligible for parkland dedication. The Joint Planning Commission and staff recommends approving the final plat on the following conditions: 1. All issues as raised by the City engineer shall be resolved. 2. That 5% of the market value of the lot or $29, will need to be submitted prior to the recording of the final plat for park dedication requirements. 3. That the lot will have limited access to 2nd Street ( one curb cut). Council member Blease said that he will abstain from voting and comments because his office represented the applicant in the purchase of the property. Council member Orndorff discussed the width of Pine Cone Road and right of way needed for turn lanes. Orndorff is concerned of acquiring enough right -of -way now for a future Pine Cone Road 4 -lane road. Orndorff s concern is to be able to move traffic through the city without major traffic issues, assuming Pine Cone Road will be the main arterial roadway. Discussed if it would be feasible to have right -of -way just where it is needed at intersections and for turn lanes, and not along the entire length of the plat.

25 January 26, 2004 The developer is willing to work with the city's requirements, however because of wetlands, additional space is limited on this plat. The developer suggested reducing the required right -of way for city utilities in order to allow the city more right -of -way for turn lanes and widening of Pine Cone Road. Because the final plat was the same as the approved preliminary plat, Mayor Pogatshnik said he has concerns of making deviations on the final plat. A MOTION WAS MADE BY O' DRISCOLL ADOPTING RESOLUTION APPROVING THE FINAL PLAT OF STONE PATH VILLAGE. THE MOTION WAS SECONDED BY LEWANDOWSKI. AYE: POGATSHNIK, LEWANDOWSKI, O' DRISCOLL ABSTAIN: BLEASE, ORNDORFF Site Plan Stone Path Village Anita presented the site plan for Stone Path Village. The developer's intent is to construct a retail and office center on the approximate 2 acre site. The total building size would be 20, 153 square feet. Access to the development will be obtained from one curb cut along the most westerly side of the lot along 2nd street. The developer may apply for a variance to the height limitation if one of the peaks on the roof exceeds the allowed 36 feet. The Planning Commission urged him to apply for a variance to allow for a taller peak for aesthetics. The buildings are proposed to be constructed with a stucco -like material and metal roof tiles. There will be two refuse enclosures located in the parking lot constructed with rock face brick. The requirements for off street parking and landscaping have been met. A lighting plan has been submitted for staff review. The lights do not exceed. 5 lumens at the property line. The Planning Commission and staff recommend approving the site plan and development permit. Council member O'Driscoll questioned if guests could enter the shopping areas from the front as well as the back side of the building. The developer said that they could and he plans on installing a walking path from the ice arena area to his development also. In discussing right -of -way along the western side of Pine Cone Road, the attorney, representing the developer offered a compromise suggesting a clause be inserted into the Development Agreement which would state that the developer would convey to the city, at no additional charge, sufficient property to increase the City's right -of -way when the public need arises. A MOTION WAS MADE BY O' DRISCOLL APPROVING THE SITE PLAN OF STONE PATH VILLAGE. THE MOTION WAS SECONDED BY LEWANDOWSKI. AYE: POGATSHNIK, LEWANDOWSKI, O' DRISCOLL, ORNDORFF ABSTAIN: BLEASE A MOTION WAS MADE BY LEWANDOWSKI ADOPTING RESOLUTION APPROVING WETLAND CONSERVATION ACT PERMIT FOR STONE PATH VILLAGE. THE MOTION WAS SECONDED BY O' DRISCOLL. AYE: POGATSHNIK, LEWANDOWSKI, O' DRISCOLL, ORNDORFF

26 January 26, 2004 ABSTAIN: BLEASE Final Plat Madison Square For Viking Development, Anita described the final plat for Madison Square which is one lot approximately 7 acres in size, west of Pine Cone Road. The developer is proposing to remove the existing homes on the site due to the fact that they are neither in compliance with the existing zoning nor the setback provisions. Park Dedication would be in the form of a payment in lieu of parkland dedication. A 12 -foot bituminous trail connection will need to be extended from the 2 d Street and along 20th Avenue North. The development is proposing an extension of 2 d Street ( County Road 133). That lot will have limited access to 2nd Street one curb cut). 20th Avenue will need to be renamed to 13th Avenue South according to our street naming system. The Joint Planning Commission and staff recommends approving the final plat on the following conditions: 1. All issues as raised by the City Engineer be resolved. 2. That 5% of the market value of the lot or $28, will need to be submitted prior to the recording of the final plat for park dedication requirements. 3. That the lot will have limited access to 2nd Street ( one curb cut) and one access onto the north/south road (one curb cut) 4. 20th Avenue will need to be renamed to 13th Avenue according to our street naming system. A MOTION WAS MADE BY BLEASE ADOPTING RESOLUTION APPROVING THE FINAL PLAT OF MADISON SQUARE AND THE DEVELOPMENT AGREEMENT. THE MOTION WAS SECONDED BY ORNDORFF. OLD BUSINESS Discussion of Pine Cone Road North reconstruction Issues Patti presented reconstruction options of Pine Cone Road North expansion and highlighted cost scenarios of participation from the City, Township and School District. After numerous meetings and debates with interested parties, it was recommended that the rural style improvement would be most cost effective. According to the traffic engineering report prepared by the School District's consultant, this is the extent of improvement needed to meet the safety needs of the district. The rural style reconstruction will allow to widen the pavement surface by 3 feet on each side and overlay from 15th to 27th Street North, no turn lanes at 27th Street intersection and no bike path. It is anticipated the City will contribute $ 75, 000 and the Township $ 140,000 for this project. Public Services Campus Plan implementation Patti presented the modified version of the Public Services Campus Plan. Recommendation was made to purchase the existing bus barn located on the property leased from the City of Sartell. The bus barn structure contains 10, 476 square feet total with 7, 236 unheated and 3, 240 heated office area. Staff is recommending approval to the amendment of the Public Service Campus Plan phased implementation. Options to reflect a purchase price of $300, 000 for the bus barn with the School District continuing to be responsible for payment of outstanding assessments. If the Council approves, the City and School District would then prepare a purchase agreement for formal consideration. Timeline for acquisition/ sale has not yet 9

27 0 January 26, 2004 been determined. The District will need to proceed with constructing a new bus facility prior to disposing of the current facility. A MOTION WAS MADE BY LEWANDOWSKI AND SECONDED BY BLEASE TO PROCEED WITH THE MODIFIED VERSION OF THE PUBLIC SERVICES CAMPUS PLAN AND PROCEED WITH PHASE ONE, PURCHASE THE BUS BARN AS RECOMMENDED FOR DEPARTMENT REPORTS Police Department Bob Ringstrom extended thanks to the City Council for the good things that came about as being a part of the police chief in the community. He said he enjoyed his roll as the police chief, however he feels the time is right to retire from this position and pursue other adventures. Mayor Pogatshnik also extended thanks to Chief Ringstrom and his driving force behind building a quality force. 10: 35 p.m. Council member Omdorff left. City Engineer Sid Williamson presented his memorandum Planning & Community Development Director Anita briefly reviewed her memorandum updating the Council on the Life Cycle Housing committee, the draft created for the Economic Development Impact an the JOBZ program City Administrator A MOTION WAS MADE BY BLEASE APPROVING THE PROFESSIONAL DEVELOPMENT AS RECOMMENDED BY THE CITY ADMINISTRATOR. THE MOTION WAS SECONDED BY LEWANDOWSKI. AYE: POGATSHNIK, BLEASE, LEWANDOWSKI, O' DRISCOLL An application for a temporary on sale liquor license for the Sartell Youth hockey Association for an event they will be holding on February 28, 2004 was presented. They have yet to determine who will be contracted for the liquor services, however due to time constraints, the association needs to get council approval at this meeting so the application can get to the state in time for their review. A MOTION WAS MADE BY O' DRISCOLL AND SECONDED BY LEWANDOWSKI APPROVING THE TEMPORARY ON SALE LIQUOR LICENSE FOR THE SARTELL YOUTH HOCKEY ASSOCIATION. AYE: POGATSHNIK, BLEASE, LEWANDOWSKI, O' DRISCOLL 10

28 0 January 26, 2004 Consent Agenda Item " e" Approval of resolution supporting the phased implementation of Northstar Commuter Rail Development corridor A MOTION WAS MADE BY LEWANDOWSKI AND SECONDED BY O' DRISCOLL APPROVING RESOLUTION SUPPORTING PHASED IMPLEMENTATION OF THE NORTHSTAR COMMUTER RAIL DEVELOPMENT CORRIDOR. AYE: POGATSHNIK, BLEASE, LEWANDOWSKI, O' DRISCOLL CITY COUNCIL UPDATE MISCELLANEOUS BUSINESS Ridership information from MTC the Mayor had requested was distributed for the Council. PAY ALL VOUCHERS A MOTION WAS MADE BY BLEASE AND SECONDED BY O' DRISCOLL APPROVING THE PAYMENT OF ALL VOUCHERS. AYE: POGATSHNIK, BLEASE, LEWANDOWSKI, O' DRISCOLL ADJOURN A MOTION WAS MADE BY BLEASE AND SECONDED BY O' DRISCOLL TO ADJOURN THE MEETING AT 10: 48 P.M. AYE: POGATSHNIK, BLEASE, LEWANDOWSKI, O' DRISCOLL Minutes By: Judy olit Administrative Secretary i 11

29 SPECIAL MEETING OF SARTELL CITY COUNCIL WITH LESAUK TOWN BOARD MINUTES OF FEBRUARY 2, 2004 SPECIAL MEETING Pursuant to due call and notice thereof, a special meeting was held on February 2, 2004, in the Sartell City Hall Council Chambers. Mayor Pogatshnik called the meeting to order at 7: 00 p. m. COUNCIL MEMBERS PRESENT: POGATSHNIK, LEWANDOWSKI, ORNDORFF, O' DRISCOLL ARRIVED AT 8: 45 P. M) TOWN BOARD MEMBERS PRESENT: DWIGHT SHARP, MARK BROMENSCHENKEL, KEVIN PULLIS STAFF PRESENT: PATTI GARTLAND, CITY ADMINISTRATOR ANITA RASMUSSEN, CITY PLANNING DIRECTOR KEN HEIM, FIRE CHIEF JIM SATTLER, FIRE DEPARTMENT KEITH YAPP, CONSULTANT ENGINEER' S OFFICE STAN HANSON, CONSULTANT ENGINEER' S OFFICE MARLYCE PLANTE, TOWN CLERK AGENDA REVIEW & ADOPTION LEWANDOWSKI MADE A MOTION TO ADOPT THE AGENDA AS PREPARED BY THE CITY. THE OTION WAS SECONDED BY PULLIS. MOTION UNANIMOUSLY CARRIED. DISCUSSION OF FIRE DEPARTMENT RELATED ISSUES Mayor Pogatshnik noted that this matter was originally scheduled for discussion at the Government Center meeting on January 28, 2004, but a fire alarm required Fire Department staff to leave the meeting. The City and Town agreed to defer this agenda topic to a special meeting of the City Council and Town Board for this evening. Fire Chief Ken Heim highlighted significant elements of the 2004 budget adopted by the City Council for the Fire Department. Fire inspection services were removed from the Fire Department budget and moved to an area of the budget where all other inspection service activities are budgeted. Bromenschenkel requested additional detail about what constitutes the supplies and materials allocation under equipment. Chief Heim indicated he would provide Bromenschenkel with a breakdown of that line item. Bromenschenkel asked if the fitness club membership reimbursement was retained for the Fire Department. Chief Heim responded that it was eliminated and funds that remain in the " Fitness and Medical" category are for medical related expenses certifications, required inoculations. such as physicals, air breathing apparatus rhief Heim reviewed the process he is recommending to proceed with the eplacement of Engine 24, which is approaching the end of its useful life. 1

30 46he truck is a 1974 pumper that is used a the third line response unit. He s proposing that a committee be formulated to draft bid specifications for the unit that would be put out for bid this fall with purchase and delivery occurring in 2005 at an estimated cost of $ 325, 000. He envisions this unit to be similar to Engine 22, which is a 1990 vintage unit. Features contemplated include seating for 7, 750 gallon minimum tank, hydraulic generator, 30' ladder and rear water inlet. Resale of Engine 24 could be expected to generate $ 1, 500 to $ 2, 000. The last truck purchased was funded 50/ 50 between the City and Township. The Township owns 2 tankers - a 1984 and The City owns the ladder truck and air van. On response to a question, Chief Heim noted that this is a basic piece of equipment that cannot be practically shared with other fire departments. While this unit responds to all commercial callouts, it also is used in responses to house fires and car fires. Bromenschenkel indicated that the proposed purchase should be presented at the Town' s annual meeting. Pullis suggested that property valuation ratio be used to determine cost participation. Other suggestions include fire response ratio averaged over a 5 or 10 - year period, or land area ratio. STREET RELATED ISSUES Gartland reviewed the draft improvement agreement for Pine Cone Road from 15th Street to 27th Street North that had been discussed at the Government Center meeting on January 28, The improvement agreement is very imilar to the 1995 improvement agreement for another section of Pine Cone oad that was improved. The improvement will result in an upgraded rural section road that is widened with the addition of 3' overlay to the entire roadway. Lane width would remain at 11' but safety will be improved with paved shoulders added. The agreement provides that paved shoulders and an the cost will be divided between the City and Town based on the percentage of City and Town property abutting the improved corridor that currently is 65% in the Township and 35% in the City. The total estimated project cost is $ 215, 400. Pullis indicated he feels that as a condition to this agreement the City should accept a number of other roadways that are partially in the City and partially in the Township. Mayor Pogatshnik indicated his support for accepting those corridors if a funding source to pay for their maintenance and improvement is also provided. Lewandowski noted that the only viable improvement option for Pine Cone Road is the rural section improvement and attempting to throw other road issues into our efforts to address Pine Cone Road will only serve to delay the project. Bromenschenkel indicated that he feels the terms of the 1995 improvement project agreement which calls for all roads to be annexed in their entirety and not to the centerline need to be fulfilled first. Gartland indicated that the 1995 agreement said the parties should amend the Orderly Annexation agreement to provide for full road annexations but it did not prescribe the terms for accomplishing full road annexations - improvement and cost implications need to be addressed also. Mayor Pogatshnik again reiterated his support for entering into discussions regarding the terms of he current Orderly Annexation agreement and that his position is that full oad annexations must provide for the tax base on both sides of the subject K

31 oads to be annexed to enable all benefiting properties to be assessed for he road improvements. Orndorff observed that we are one community and need to address resolving needs in our community in a united manner. He expressed frustration with the potential delay in solving much needed improvement of Pine Cone Road to serve the safety needs of the children in our community. Sharp suggested that the improvement agreement have a " not to exceed" amount for the Township just as the 1995 agreement contained. ORNDORFF MADE A MOTION FOR THE CITY COUNCIL TO APPROVE THE IMPROVEMENT AGREEMENT AS PRESENTED WITH A " NOT TO EXCEED TOTAL FOR THE TOWNSHIP OF 140, 000 ". THE MOTION WAS SECONDED BY LEWANDOWSKI. MOTION UNANIMOUSLY CARRIED. PULLIS MADE A MOTION FOR THE TOWN BOARD TO APPROVE THE IMPROVEMENT AGREEMENT AND SIGN THE AGREEMENT AT ITS REGULAR MEETING ON FEBRUARY 10, 2004, SUBJECT TO THE TOWN' S ATTORNEY REVIEWING AND APPROVING THE AGREEMENT AND WITH A " NOT TO EXCEED TOTAL FOR THE TOWNSHIP OF $ 140, 000". THE MOTION WAS SECONDED BY SHARP. ON A 2-1 VOTE WITH BROMENSCHENKEL VOTING AGAINST THE MOTION. 8: 45 p. m. O' Driscoll arrived at the meeting. PULLIS MADE A MOTION FOR THE TOWN BOARD TO APPROVE THE JOINT RESOLUTION FOR 46 RDERLY ANNEXATION OF THE NEEDED RIGHT - OF - WAY ( 80' TOTAL) FOR PINE CONE OAD NORTH AND 27TH STREET NORTH AND TO SIGN THE AGREEMENT AT ITS REGULAR MEETING ON FEBRUARY 10, 2004, SUBJECT TO REVIEW AND APPROVAL BY THE TOWN' S ATTORNEY. SHARP SECONDED THE MOTION. MOTION FAILED 0-3. Plante noted that the right -of -way annexation approved last year to facilitate an improvement of Pine Cone Road North only included the existing 66' of right -of -way. She asked why an additional 14' is being required this year. Keith Yapp, of the City' s engineering consultant firm, responded that its his understanding that 80' State Aid funding standards. Because last years' improvement agreement wasn' t approved, the right -of -way annexation never made to the MSA office to rule on. Town Board members expressed the need to discuss with affected is required to meet Municipal property owners the proposed inclusion of the additional 14' feet proposed for future right -of -way acquisition in the annexation now. Yapp indicated that he would confirm with MSA if they would accept MSA designation if only the existing 66' feet of right -of -way is included. Yapp also indicated that he would send a letter, after review by City staff and the Township, to the property owners affected by the additional 14' advising them that this matter would be considered at the Town Board' s meeting on February 10, PULLIS MADE A MOTION FOR THE TOWN BOARD ORDERLY ANNEXATION OF THE EXISTING 66' 27TH STREET NORTH SUBJECT TO REVIEW 0 TO APPROVE A JOINT RESOLUTION FOR OF RIGHT - OF - WAY FOR PINE CONE ROAD AND APPROVAL BY THE TOWN' S ATTORNEY 3

32 ITH THE ADDITIONAL 14' PROPOSED CONSIDERED AT ITS REGULAR MEETING ON EBRUARY 10, MOTION UNANIMOUSLY CARRIED. The City requested the Town' s approval of its permit application for construction and maintenance of a storm sewer pipe within the right -of -way of 22nd Street North that was discussed at length at the Government Center meeting on January 28, Roger Neils, an attorney representing some unspecified private property owners, as how the right -of -way was established. Sharp indicated that all town roads were recorded in Neils proceeded to comment on the drainage easement area that would contain the drainage outlet for the storm drain improvements planned to be installed in the 22nd Street right -of -way. Mayor Pogatshnik reiterated that the Town Board indicated the only approval needed from them relates to a permit for 22nd Street and that the drainage easement is not subject to any approvals by the Township. He also noted that the City has agreed to accept responsibility for any legal challenges that may result from the storm sewer project implementation. Upon request, the Town Board acknowledged a request from Jeff Windschitl to address the group. Windschitl asked why the buried pipe proposal that was acceptable to the DNR two months ago is no longer acceptable. Windschitl indicated that he had not rejected a compromise agreement with the City but had asked that the City revisit other locations for the storm drain outlet. Mayor Pogatshnik responded that, at the request of the Town Board, City taff spent several months attempting to work out a compromise agreement ith Jeff Windschitl to shift the drainage easement on the Windschitl property, to gain various permit approvals to do a buried pipe drainage system and fill the ravine to meet concerns and objections raised by Windschitl. When it came time to effectuate the compromise agreement, Windschitl indicated to staff that he wasn' t willing to sign the agreement now and felt the City should move the outlet location to another property - such as Dan Coborn' s property. Because the City had already explored that option with Dan Coborn, along with other locations, it had been determined long ago that the existing drainage easement or a shifted easement location on the Windschitl property was the only feasible option available. It was noted that the buried pipe compromise that was being attempted as a compromise to Windschitl carries an estimated additional cost of $ 192, 000. Mayor Pogatshnik also indicated that he discussed at length the DNR official, Dan Lais', position on the buried pipe proposal that was being pursued by the City in an attempted compromise with Windschitl. He indicated that the DNR has serious objections to converting the natural drainage system utilizing the existing ravine to a buried pipe system that would also require draining a wetland. Upon inquiry, City Engineering Consultant Stan Hanson, indicated that at maximum flow with full development of the entire 1, 000 acre service area, the would be 150 cfs of flow with a maximum depth of 1 % feet of water at the outlet to the ravine for a 100 year rain event. 0 4

33 indschitl requested that consideration be given to another compromise that ould allow the open ravine drainage system but allow a channel to be installed to remove a ponding area that exists on the delineated wetland. After considerable discussion, it was indicated that City staff and the engineering firm will initiate contact with the DNR and Stearns County Environmental Services to attempt to attain necessary approvals to allow the proposed draining of the wetland requested by Windschitl. Tad Farris expressed a desire to shift the outlet location to the ravine to preferred location on his property that he would accommodate by providing new easement. Stan Hanson indicated that the proposed shift can be accommodated by the City in any scenario. Mayor Pogatshnik indicated that if that is the desire of the property owner, he should provide the city with a letter requesting the relocation of the outlet location and that he would provide the City with the easement necessary to do so. Town Board indicated that it would place the permit application on their February 10, 2004, meeting agenda and requested that feedback from the DNR and Stearns County be provided at that meeting regarding the Windschitl request to allow the wetland draining activity he proposed. The City' s engineering consultant will pursue the proposal with DNR and Stearns County Environmental Services. ORDLERLY ANNEXATION AGREEMENT - CONSIDERATION OF POSSIBLE AMENDMENTS iven the lateness of the meeting, it was determined that another special meeting date of the City Council and Town Board should be scheduled to begin discussing potential amendments to the existing Orderly Annexation Agreement. A special meeting date was scheduled for Thursday, March 4, 2004, at 7 p. m. with the location tentatively identified as the Town Hall. MISCELLANEOUS Motion by Orndorff, seconded by Lewandowski to adjourn the meeting at 10: 20 p. m. Motion carried unanimously. Minutes By: t2 Patti Gartland / ECG City Administrator 44:& k"

34 0 MINUTES OF FEBRUARY 9, 2004 SARTELL CITY COUNCIL MEETING THIRD MEETING Pursuant to due call and notice thereof, the third meeting of 2004 was held on February 9, 2004 in the council chambers of the Sartell City Hall. Mayor Pogatshnik called the meeting to order at 7: 00 p.m. COUNCIL PRESENT: COUNCIL ABSENT: PRESENT: Mayor Pogatshnik, Council members: Blease, Lewandowski O' Driscoll, Orndorff None Patti Gartland, City Administrator Judy Molitor, Administrative Secretary Jim Hughes, Interim Chief of Police Brian Davies, Acting City Engineer Anita Rasmussen, Planning & Community Development Director PLEDGE OF ALLEGIANCE AGENDA REVIEW AND ADOPTION A MOTION WAS MADE BY O' DRISCOLL ADOPTING THE AGENDA AS AMENDED. THE MOTION WAS SECONDED BY LEWANDOWSKI. 0 APPROVAL OF CITY COUNCIL MINUTES A MOTION WAS MADE BY LEWANDOWSKI APPRPOVING THE MINUTES AS PRESENTED OF THE JANUARY 26, 2004 REGULAR MEETING, THE JANUARY 20 SPECIAL MEETING WITH THE JOINT PLANNING COMMISSION AND THE FEBRUARY 2, 2004 SPECIAL MEETING WITH LESAUK TOWN BOARD. THE MOTION WAS SECONDED BY BLEASE. CONSENT AGENDA a. January Building Inspectors Report Acceptance b. January Finance Directors Report Acceptance c. January Public Work Commission Notes Approval d. Resolution setting a public hearing for February 23, 2004, on a preliminary plat for River View Plat 2 e. Resolution approving amendments to the Central MN Mutual Aid Association's Mutual Aid Agreement to add the City of Foley Fire Department. f. Resolution of support for St. Cloud Area Planning Organization Federal Fiscal Year 2005 Transportation Appropriations priorities g. Resolution authorizing feasibility study on Capital Improvement Petition No , Fox Run of Avalon Village 2 and Avalon Village 4 h. Resolution authorizing interfund loans from General Fund to TIF District funds i. Resolution accepting petition for annexation of Florence Heim property ( 113 acres) j. Authorization to prepare required engineering study and report city engineer at a fee of $1, 200 on proposed transfer of Ditch 16 from Stearns County to the City of Sartell.

35 February 9, 2004 k. First reading and set a public hearing for February 23, 2004, on an ordinance amendment for fireworks regulations to designate fire inspector approvals and to allow a reduced or waive permit fee for community-based festivals and events. 1. Joint resolution between the Town of LeSauk and the City of Sartell agreeing to the annexation of existing right -of -way of portions of Pine Cone Road and 27a' Street North m. Resolution calling for a public hearing on March 22, 2004 (previously proposed for February 23, 2004) to rezone the city's old compost site from I -1 Light Industrial to R -3 multiple Family Residential. A MOTION WAS MADE BY LEWANDOWSKI APPROVING CONSENT AGENDA ITEMS A THROUGH M AS AMENDED. THE MOTION WAS SECONDED BY O' DRISCOLL. PUBLIC HEARINGS a. Rezoning from R -2 Residential to I -1 Light Industrial ( Killinger Propert 7: 10 p.m. Mayor Pogatshnik opened the public hearing which had been continued from January 12, Anita outlined the property adjacent, on the north, to an existing industrial area, and a state highway borders on the east. The City of Sauk Rapids borders on the south and their use is currently a gravel mining operation. The property to the west is an existing single family development. The property is situated in an ideal location for industrial development as it is near Highway 15 and borders an existing industrial property to the north. Initiating the rezoning of this property comes as a result of the comprehensive planning process, which determined that this area was underutilized as residential property and the highest and best use of the property is office and warehouse uses. Staff had met with Mr. Wollack to review a compromise, which included both R -2 development and a buildable industrial lot, which would be located on the far eastern side of the Killenger property. This would preserve a 533x454 ( acres) for an industrial lot. Mr. Wollack was in agreement with the compromise. There were no comments from the public. Mayor Pogatshnik closed the hearing at 7: 16 p.m. and also extended special " thanks" to Mr. Wollack for working with the staff and coming to a compromise. Council member O'Driscoll discussed the possibility of identifying other acreage for the JOBZ incentive program since the acreage on this site was reduced. Anita said that transferring the JOBZ to other acreage is easy within the same City, County and School District. Resolution adopting findings of fact supporting the rezoning of the property A MOTION WAS MADE BY ORNDORFF APPROVING RESOLUTION ADOPTING FINDINGS OF FACT SUPPORTING A REQUEST FOR A REZONING OF A CERTAIN PROPERTY FROM R -2 TWO AND SINGLE FAMILY RESIDENTIAL TO I -1 LIGHT INDUSTRIAL. THE MOTION WAS SECONDED BY O' DRISCOLL.

36 0 February 9, 2004 Ordinance approving the rezonine of the property A MOTION WAS MADE BY ORNDORFF ADOPTING ORDINANCE APPROVING REZONING OF CERTAIN PROPERTIES (PIN KILLINGER FROM R -2 TWO AND SINGLE FAMILY RESIDENTIAL TO I -1 LIGHT INDUSTRIAL. THE MOTION WAS SECONDED BY O' DRISCOLL. Savanna Oaks rezonine request from R -1 to R -5 Savanna Oaks Preliminary Plat Savanna Oaks Conditional use Permit Anita explained the request from Viking Development to postpone the review of the request for rezoning, the preliminary plat and the conditional use permit until the February 23`d meeting. Viking Development has reduced the number of lots in the plat by 11, thereby reducing the density by 25 %, they have eliminated the townhome units and modified the set -backs from 6 feet to 8 feet. Since Viking Development is in the process of revising this plan they are requesting an extension of time. Council member Lewandowski asked the engineer' s opinion on the road options and wetland issues. Council member Omdorff favors a road option for this development going directly to Pine Cone Road and not funneling to the new high school site area. Council member Blease discussed procedures and asked if the developer would be willing to take the revised plan to the next JPC meeting and bring it back to the Council on March 8th which would allow the Council the benefit of suggestions from the JPC. Blease also discussed the issue of delivery trucks using the development and if the issue had been resolved or alternate routes been found. A MOTION WAS MADE BY LEWANDOWSKI TOCONTINUE SAVANNA OAKS REZONING REQUEST, PRELIMINARY PLAT REQUEST AND CONDITIONAL USE PERMIT REQUESTS TO THE MARCH 8, 2004 CITY COUNCIL MEETING. THE MOTION WAS SECONDED BY BLEASE. Madison Crossing Preliminary Plat 7: 36 p.m. Mayor Pogatshnik opened a public hearing for the purpose of hearing those present regarding the consideration of the preliminary plat for Madison Crossing. Anita presented the request for Viking Development and preliminary plat approval for approximately 81 acres west of Pine Cone Road and North of County Road 133. Approximately 29 of the 87 lots have deviations in terms of average lot width from 57' to 74' average width. Three lots have deviated street side yard setbacks from 15 feet to 10 feet. The 87 single family lots range from 9500 to 54, 548 square feet. Thirteen single family lots would be subject to lifecycle housing requirements. The plat contains 2 multifamily and 2 commercial lots. Only three lots would have a 10 foot setback, however staff recommends 12 foot minimum street setbacks. The minimum requirement of park dedication would be acres or payment in lieu.

37 February 9, 2004 The following recommendations were made by staff and the Planning Commission: 1. Thirteen single family lots would be subject to Lifecycle Housing Requirements. The multifamily lots will be subject to future LCH dedication requirements. 2. That the lot dimensions are labeled for lots 16, 32, 33, 34, Block That the minimum side yard street frontage would be 12 feet. 4. That the appropriate drainage easements are displayed for Lot 9, Block That the plat be altered to indicate the berms will be constructed prior to the release of a building permit. 6. That Outlot C and D will not have access onto 2 a Street. 7. All issues as raised by the City Engineer are addressed and satisfied. There were no comments from the public. Mayor closed the hearing at 7: 43 p.m. A MOTION WAS MADE BY LEWANDOWSKI ADOPTING RESOLUTION APPROVING THE PRELIMINARY PLAT AND PRELIMINARY DEVELOPMENT AGREEMENT FOR MADISON CROSSING. THE MOTION WAS SECONDED BY MAYOR POGATSHNIK. Madison Crossing Conditional Use Permit 7: 47 p.m. Mayor opened the public hearing. Anita presented the request for the developer. Viking Development has submitted a request for a conditional use permit to allow single family homes with deviated lot widths and setbacks as well as a mix of residential and commercial in a Planned Unit Development. The proposed property is acres in size. Of the single - family homes approximately 13 of the lots will need to be utilized towards the City's Lifecycle housing goal. The requested lot deviations are as follows: 1. Average lot width for 29 lots ( 57' 74' average) 2. Street side yard setback for 3 lots ( 15' 10') All of the single - family lots meet the 9500 square foot lot size requirement. All of the single family lots meet the interior side yard setbacks as well as the minimum street frontage requirements. The Joint Planning Commission and staff recommended approval based on the following conditions being met: 1. That the property will also contain 13 lots which will be utilized towards the City's lifecycle Housing goal and follow all responsibilities towards achieving the applicable price point. 2. That the Conditional use Permit will allow the deviated lots to have 29 lots deviate from the average lot width and 3 lots deviate from the street side yard setback will be a minimum of 15 feet. 7: 50 P. M. Mayor closed the hearing. There were no comments from the public. Resolution adopting findings of fact supporting the conditional use permit request A MOTION WAS MADE BY LEWANDOWSKI APPROVING RESOLUTION ADOPTING FINDINGS OF FACT #44-04 RELATING TO A REQUEST FROM VIKING DEVELOPMENT FOR A CONDITIONAL USE PERMIT TO ALLOW FOR A MIX OF RESIDENTIAL WITH DEVIATED LOT STANDARDS AND COMMERCIAL DEVELOPMENT IN AN R -5 PLANNED UNIT DEVELOPMENT DISTRICT. THE MOTION WAS SECONDED BY BLEASE. 4

38 0 February 9, 2004 Resolution approving requested conditional use permit. A MOTION WAS MADE BY BLEASE ADOPTING RESOLUTION APPROVING THE ISSUANCE OF A CONDITIONAL USE PERMIT BASED ON THE FINDINGS OF FACT AND DECLARING TERMS OF PERMIT TO ALLOW FOR A MIX OF RESIDENTIAL WITH DEVIATED LOT STANDARDS AND COMMERCIAL DEVELOPMENT IN AN R -5 PLANNED UNIT DEVELOPMENT DISTRICT. THE MOTION WAS SECONDED BY O' DRISCOLL. Resolution approving Madison Crossing improvement petition A MOTION WAS MADE BY LEWANDOWSKI AND SECONDED BY BLEASE APPROVING RESOLUTION AUTHORIZING THE FEASIBILITY STUDY ON CAPITAL IMPROVEMENT PETITION NO FOR MADISON CROSSING. Prairie Meadow Estates Public Improvement Petition 7: 55 p.m Mayor Pogatshnik opened the public hearing. Brian Davies from BWK explained the request from DMC Corporation for improvements along 1" Street NE from Benton County Road 29 to the northeast. Improvements are for street, sewer, water main and storm sewer. 8: 00 p.m. Mayor closed the hearing. There were no comments from the public. Resolution ordering improvements and preparation of plans and specifications for I" Street Northeast A MOTION WAS MADE BY O' DRISCOLL ADOPTING RESOLUTION ORDERING IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS FOR 1sT STREET NORTHEAST (PRAIRIE MEADOW ESTATES) NO THE MOTION WAS SECONDED BY ORNDORFF. Resolution accepting the plans and specifications for the I' t Street northeast improvements A MOTION WAS MADE BY ORNDORFF AND SECONDDED BY O' DRISCOLL APPROVING RESOLUTION ACCEPTING THE PLANS AND SPECIFICATIONS FOR THE 1sT STREET NORTHEAST (PRAIRIE MEADOW ESTATES) IMPROVEMENTS PROJECT # AND SETTING A BID LETTING DATE.

39 February 9, 2004 Zonine Ordinance amendment, Chapter 3, Title 10, establishment of zoning for annexed properties continued from January 26, : 05 p. m. Mayor opened the public hearing and Anita explained the request suggesting that annexed property default to a rural residential zoning rather than R -1 single family. The Joint Planning Commission is recommending the property continue to be zoned R -1 at the time of annexation and that a rezoning to another classification would be required by the City Council or property owner to follow the actual annexation. Because property being petitioned for annexation is currently not served by municipal utility service, staff believes the more appropriate default zoning is Rural Residential being more representative of the condition of the property at the time of annexation. Council member Blease suggested defaulting the zoning to the recommendations from the comprehensive plan. City Administrator, Gartland said that the Council could identify the proper zoning at the time of annexation. Mayor Pogatshnik discussed the flexibility to bring in certain areas into the City under the comp plan guide. Creating an agriculture district for acreage of 40 acres or more was discussed. After some discussion, Council members directed staff to research and possibly create an agriculture zone in the comprehensive plan which would have property default to agriculture at the time of annexation unless otherwise designated. A MOTION WAS MADE BY O' DRISCOLL TO REFER THE ZONNIG ISSUE BACK TO STAFF AND THE JOINT PLANNING COMMISSION FOR FUTHER REVIEW OF THE SUGGESTIONS MADE. THE MOTION WAS SECONDED BY BLEASE. Zoning Ordinance amendment Chapter 3, Title 10, life cycle housine requirements Subdivision Ordinance amendment, Chapter 2, Title 11, life cycle housing requirements A MOTION WAS MADE BY BLEASE APPROVING THE RECOMMENDATION TO CONTINUE THE PUBLIC HEARING TO MARCH 8, 2004 ON THE ABOVE LISTED ORDINANCE AMENDMENTS. THE MOTION WAS SECONDED BY LEWANDOWSKI. NEW BUSINESS Final plat and final development agreement for Keeneland Village Anita explained the final plat of Keeneland Village on behalf of the owner, Lyon Contracting and Development. The site is approximately 7. 4 acres with a home, however the home will be removed prior to construction. The property is located south of Heritage Drive and east of Magnolia Place. Recommendations form the Joint Planning Commission and staff are as follows: 1. That the comments made by the Engineering Department are met. 6

40 February 9, That the Park Commission recommendations of approving the trail easement dedication with the remainder of the dedication be in the form of a payment in lieu determined at the time of site plan. That dedication shall be reflected on the plat. 3. An MPCA Permit is required for the removal of the existing building. 4. That 15% of the apartment units will be subject to the City's Lifecycle Housing Goal and the Joint Powers Agreement on Lifecycle Housing. 5. Two temporary cul -de -sacs are required for the end of Connecticut Avenue and Alpine Avenue. Council members discussed future intentions for outlot A. Anita indicated there are problems with wetlands and the developer is seeking fill for approximately 1 or 2 lots and if properly filled, will need to replat to accommodate building. Council member O'Driscoll discussed Lifecycle Housing and scenarios of what happens if units are dedicated for Lifecycle and applicants do not qualify, can the units be rented for full market rate, or does the unit have to be held for a qualified lifecycle applicant? Anita feels there would be many applicants for lifecycle housing and there should not be a problem trying to rent those units. A MOTION WAS MADE BY LEWANDOWSKI ADOPTING RESOLUTION APPROVING THE FINAL PLAT OF KEENELAND VILLAGE. THE MOTION WAS SECONDED BY BLEASE. AYE: POGATSHNIK, BLEASE, LEWANDOWSKI, O' DRISCOLL NAY: ORNDORFF Council member Orndorff discussed an outlet for the lot and DNR comments on density. A MOTION WAS MADE BY LEWANDOWSKI AND SECONDED BY BLEASE APPROVING THE FINAL DEVEOPMENT AGREEMENT. AYE: POGATSHNIK, BLEASE, LEWANDOWSKI, O' DRISCOLL NAY: ORNDORFF DEPARTMENT REPORTS Police Report Interim Police Chief Jim Hughes presented the police department' s monthly report. A MOTION WAS MADE BY BLEASE AND SECONDED BY ORNDORFF ACCEPTING THE POLICE REPORT. Public Works Brad presented his monthly report. A MOTION WAS MADE BY BLEASE ACCEPTING THE PUBLIC WORKS REPORT. THE MOTION WAS SECONDED BY ORNDORFF. bl

41 February 9, 2004 City Engineer Brian Davies, representing the City Engineer's office explained the bid opening today for Creek Ridge and recommended to award the bid to the lowest bidder, R.P. Utilities. A MOTION WAS MADE BY LEWANDOWSKI APPROVING RESOLUTION AWARDING THE BID FOR CREEK RIDGE IMPROVEMENTS PROJECT # TO R. P. UTILITIES IN THE AMOUNT OF $264, THE MOTION WAS SECONDED BY BLEASE. Planning & Community Development Director Anita presented her memorandum. A MOTION WAS MADE BY LEWANDOWSKI AND SECONDED BY BLEASE ACCEPTING THE PLANNING DIRECTOR' S REPORT. City Administrator Professional Development John Kothenbeutel to attend Water and Wastewater Conference on March 2-4, 2004 at St. Cloud Civic Center. A MOTION WAS MADE BY O' DRISCOLL AND SECONDED BY ORNDORFF APPROVING THE PROFESSIONAL DEVELOPMENT CLASS. Approval of a motion agreeing to serve as fiscal agent for grants received from International Paper for the Sartell Baseball Association. A MOTION WAS MADE BY ORNDORFF AND SECONDED BY O' DRISCOLL AGREEING TO SERVE AS A FISCAL AGENT FOR GRANTS RECEIVED FROM INTERNATIONAL PAPER FOR THE SARTELL BASEBALL ASSOCIATION. CITY COUNCIL UPDATE MISCELLANEOUS BUSINESS Council member O'Driscoll reported on a strategic planning meeting he attended with the St. Cloud Area Economic Development Partnership and feedback requested regarding regional development. O'Driscoll also had suggestions for a source of funds for helping with the Summer Recreation programs.

42 February 9, 2004 Council member Orndorff said that he had worked at the ice arena for a tournament over the past weekend and received a lot of comments from visitors very impressed with the new ice arena facility. The only negative comment received was that some would have liked more hotel accommodations in town, otherwise all comments were very positive. Mayor Pogatshnik likewise said he had received many positive comments on the arena facility. Council member Blease had heard from some of the area businesses who had reported that business had increased over the weekend as well. PAY ALL VOUCHERS A MOTION WAS MADE BY BLEASE AND SECONDED BY ORNDORFF APPROVING THE PAYMENT OF ALL VOUCHERS. ADJOURN A MOTION WAS MADE BY O' DRISCOLL AND SECONDED BY ORNDORFF TO ADJOURN THE MEETING AT 9 P.M. Minutes By: J dy Moli or Administrative Secretary MA OR --- J U 9

43 SARTELL CITY COUNCIL MEETING MINUTES OF FEBRUARY FOURTH MEETING Pursuant to due call and notice thereof, the fourth meeting of 2004 was held on February 23, 2004 in the council chambers of the Sartell City Hall. Mayor Pogatshnik called the meeting to order at 7: 05 p. m. COUNCIL PRESENT: COUNCIL ABSENT: PRESENT: Mayor Pogatshnik, Council members: Blease, Lewandowski O' Driscoll, Omdorff None Patti Gartland, City Administrator Judy Molitor, Administrative Secretary Jim Hughes, Interim Chief of Police Keith Yapp, City Engineer Anita Rasmussen, Planning & Community Development Director PLEDGE OF ALLEGIANCE AGENDA REVIEW AND ADOPTION A MOTION WAS MADE BY LEWANDOWSKI ADOPTING THE AGENDA AS AMENDED. THE MOTION WAS SECONDED BY BLEASE. 0 SUMMERFEST UPDATE David Lindbloom updated the Council on the on -going plans for Summerfest which will be held on June 12, Most of the plans are incomplete at this time, however Mr. Lindbloom plans on reporting to the Council when plan options are more complete. The Summerfest committee is requesting support of city staff, police department and maintenance, the same as in the past. Because O'Driscoll is President of Summerfest, he will abstain from voting. A MOTION WAS MADE BY BLEASE AND SECONDED BY LEWANDOWSKI EXTENDING SUPPORT OF THE POLICE, MAINTENANCE AND CITY STAFF FOR SUMMERFEST. AYE: POGATSHNIK, BLEASE, LEWANDOWSKI, ORNDORFF ABSTAIN: O' DRISCOLL APPROVAL OF CITY COUNCIL MINUTES A MOTION WAS MADE BY O' DRISCOLL APPRPOVING THE MINUTES AS PRESENTED OF THE FEBRUARY 9, 2004 REGULAR MEETING. THE MOTION WAS SECONDED BY LEWANDOWSKI

44 February 23, 2004 CONSENT AGENDA a. Resolution approving annexation of Florence Heim property ( 113 Acres) b. Approval of a 3. 2 temporary on sale liquor license for SYHA fundraiser on February 28, 2004, at the Bernick' s Arena c. Approval of Life Cycle Housing Annual Report for submission to service provider d. Approval of modified joint resolution for Pine Cone Road and 27`s Street North annexation. e. Approval of budgeted purchase of hose reel and guide for jet vac truck from Enterprise Fund wastewater) f. Resolutions approving the submission of a grant request to the DNR for proposed trail and park improvements at the Community Center site ( one resolution is for the local trails connections program and the second resolution is for the federal recreation trails program. g. Resolution authorizing preparation of a feasibility study for Pine Cone Road North widening and resurfacing project. h. Resolution authorizing preparation of a feasibility study for CSAH 1 and 15th Street North utility improvement project. i. Resolution authorizing preparation of a feasibility study for reclamation pond project at the new Water Treatment Plant j. Resolution authorizing preparation of a feasibility study for 2 '/ z Street reconstruction project. k. Resolution authorizing preparation of a feasibility study for Well # 13 connection to the new Water Treatment Plant 1. Resolution authorizing preparation of a feasibility study for Lift Station #4 reconstruction and force main reroute option. m. Approval to serve as fiscal agent for the Sartell Lions Club for grants received for improvements at the City-owned Sartell Lions Park n. Resolution adopting a flexible compensation plan and authorizing appointment of Flex Systems as the plan administrator. o. Set the Board of Appeals and Equalization for the Steams County portion of the City of Sartell for 7 p.m. on Wednesday, May 5, p. Approval of on -sale wine and on -sale 3. 2 liquor license application for Hopwok & Eat, Inc. dba House of Pizza and Pacific Wok Teriyaki Grill (Applicant: Brandon Testa) q. Approval to transfer excess right of -way received from the State of MN along TH 15 via Quit Claim Deed to the abutting property owner, DMC Company, Inc. r. Approval of Miller, Johnson, Steichen Kinnard Authorizing Resolution (previously authorized by simple motion on 1/ 12/ 04) s. Approval of Bank Vista Authorizing Resolution ( previously authorized by simple motion on 1/ 12/ 040 A MOTION WAS MADE BY ORNDORFF APPROVING CONSENT AGENDA ITEMS A THROUGH S AS PRESENTED. THE MOTION WAS SECONDED BY O' DRISCOLL. PUBLIC HEARINGS Riverview Plat 2 Preliminary Plat 7: 15 p. m. Mayor opened the public hearing and explained how the hearing would be conducted. Anita presented the request for preliminary plat approval for Riverview Plat 2 on behalf of the applicant Connie Ziegler. The property is approximately acres located just north of heritage Drive along County Road 1. Access for both lots would come from County Road 1. Essentially, the platting would take an

45 February 23, 2004 unplatted lot and a platted lot and split the property into two buildable lots. Required setbacks are 10/ 15 feet sideyard and 30 feet front and rear yard. Both lots exceed the 9, 500 square foot requirement and meet the minimum 50 street frontage requirement. A payment in -lieu needs to be collected prior to the recording of the plat for parkland dedication in the amount of $1, An additional 10 feet of right -of -way is required according to the comprehensive plan, which allows for a total of 50 feet of right -of -way on each side of County Road 1. There were no comments from the public. The owner of the property was not present at the meeting. 7: 22 p.m. Mayor Pogatshnik closed the hearing. Council member Lewandowski asked if Anita had talked to the applicant and if they had intended to build their new home within the guidelines provided? Anita assured the Council that the owners are fully aware of the set -back requirements and that no variance will be needed. Council member Orndorff discussed an easement for the utility line and questioned if research had been done to be sure a utility easement is provided. Council member O'Driscoll asked if the property owners are able to access sewer and water services? Keith Yapp from the engineer's office said services are available and Anita explained that it is their intention to hook up to city services. Mayor Pogatshnik suggested that Anita notify the owner that Riverside Avenue is scheduled to be resurfaced and that they may want to consider hooking up to services prior to that project. Mayor also discussed adequate set -backs for the project. Resolution approving the preliminary plat request A MOTION WAS MADE BY LEWANDOWSKI ADOPTING RESOLUTION APPROVING THE PRELIMINARY PLAT OF RIVERVIEW PLAT 2, PROVIDED THE UTILITY EASEMENT IS PRESENT AND ADEQUATE. THE MOTION WAS SECONDED BY ORNDORFF. Ordinance amendment for fireworks regulations to designate the Fire Chief and /or Fire Inspector permit approvals and to allow a reduced or waived permit fee for community based festivals and events. 7: 29 Mayor opened the public hearing and explained the procedure for the hearing. Administrator, Patti Gartland explained the two technical modification to this ordinance, first the change would allow the Fire Chief or Fire Inspector to issue permits or relevant restrictions for appropriate fireworks displays and the second would allow the City Council the ability to waive or amend permit fees for city based events. There were no comments from the public. At 7: 32 Mayor Pogatshnik closed the hearing.

46 0 Ordinance amendments February 23, 2004 A MOTION WAS MADE BY ORNDORFF APPROVING THE AMENDMENTS TO THE FIREWORKS ORDINANCE # THE MOTION WAS SECONDED BY BLEASE. NEW BUSINESS a Annual Reports Fire Department Fire Chief, Ken Heim thanked the Assistant Chief, Claude Dingman for compiling the information. Heim briefly reviewed and highlighted stats from the report. Council member O'Driscoll asked if, given the nature of a volunteer department, if there is adequate coverage when needed? Heim said they are very fortunate and that he feels coverage is very good. Council member Blease questioned the 30% false alarm calls and how this compares to other departments in the area? Heim was not sure, however will check. Mayor Pogatshnik commented on the " false alarm" calls and the possibility that most could be from start-up of equipment on specific projects. Mayor also asked Ken to check on how Sartell compares to area cities in average response time. Mayor Pogatshnik expressed thanks to the department for training and all their hard work. Police Department Interim Police Chief, Jim Hughes highlighted the 2003 Police Department Report. Council member Blease commented on a great job and positive affect in education with the D.A.R.E. officers. Council member O'Driscoll appreciated the response from citizens section and the comment cards which speaks well of the entire department. Mayor Pogatshnik thanked Jim Hughes and the department for keeping the city safe and mentioned that he receives many appreciative comments regarding the police department. Council member Orndorff echoed the Mayor's thanks and appreciation. Public Works Department and Enaineerins On behalf of the City Engineer, Keith Yapp briefed the Council on the year -end report. Positive comments were expressed in favor of staff pictures in the report as well. Public Works Director, Brad Borders briefly explained his part of the report. Community Development Anita Rasmussen highlighted areas within her report. Council member Orndorff asked how the multifamily development compares to other cities. Anita will check into his request. Council member O'Driscoll stated that he is pleased with Anita's efforts working with the Joint Planning Commission and Economic Development Commission for a common goal and stronger community. Building and Assessin Building Inspector and City Assessor, Ron Euteneuer briefly reviewed his report. Council member Blease asked the average lot value in the City. Ron explained the average is about $43, 000 for smaller lots in the original parts of Sartell.

47 February 23, 2004 LELS Contract Approval Patti briefed the Council on the terms agreed to by LELS members and the vote of nine -to -one for a one 15` year contract with a 2. 5% increase on July along with expanded employee participation in the benefit program premiums. The contract agreement had been reached after five negotiation sessions and a mediation session. Patti recommended approval. Mayor Pogatshnik extend special thanks to Council member Lewandowski and O'Driscoll for their time and efforts working with the personnel committee on this contract. A MOTION WAS MADE BY BLEASE ADOPTING RESOLUTION AUTHORIZING EXECUTION OF LABOR AGREEMENT BETWEEN THE CITY OF SARTELL AND LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL NO THE MOTION WAS SECONDED BY ORNDORFF. Non -Union Employee Salary Structure for 2004 Patti Gartland explained the recommendation on behalf of the Personnel Committee for salary range increases for non -union positions. The recommended increase is to reflect a cost -of- living adjustment of 2. 1 %. A MOTION WAS MADE BY ORNDORFF ADOPTING RESOLUTION APPROVING THE 2004 COMPENSATION RATES FOR NON -UNION EMPLOYEES. THE MOTION WAS SECONDED BY BLEASE. DEPARTMENT REPORTS City Eneineer Keith Yapp presented the Engineer's memorandum. Bids were opened today for the I st Street Northeast Improvements project. Recommendation was made to award the bid to the lowest bidder, Randy Kramer Excavating, Inc. A MOTION WAS MADE BY O' DRISCOLL APPROVING RESOLUTION AWARDING THE BID FOR 1sT STREET NORTHEAST IMPROVEMENTS PROJECT # TO RANDY KRAMER EXCAVATING, INC. FOR $206, THE MOTION WAS SECONDED BY ORNDORFF.

48 February 23, 2004 Plannina & Community Development Director Anita presented her memorandum and gave an update on behalf of the sign committee. The sign committee will make recommendations to the Joint Planning Commission at their next meeting. If approved, the recommendation will then be presented to the City Council. City Administrator Patti recommended approval of the professional development courses listed. A MOTION WAS MADE BY O' DRISCOL APPROVING THE PROFESSIONAL DEVELOPMENT COURSES AS RECOMMENDED. THE MOTION WAS SECONDED BY LEWANDOWSKI. Patti made a " last call" for comments or suggestions for the orderly annexation agreement. CITY COUNCIL UPDATE MISCELLANEOUS BUINESS Council member Blease reported that he will be on vacation for the March 22 d meeting. Council member O'Driscoll briefed the Council on the latest meeting of the St. Cloud Economic Development Partnership. PAY ALL VOUCHERS A MOTION WAS MADE BY BLEASE AND SECONDED BY LEWANDOWSKI APPROVING THE PAYMENT OF ALL VOUCHERS. ADJOURN A MOTION WAS MADE BY ORNDORFF AND SECONDED BY O' DRISCOLL TO ADJOURN THE MEETING AT 8: 31 P.M. Minutes By: c I Jtfdy Mol or Administrative Secretary MAYOR,

49 SPECIAL MEETING OF SARTELL CITY COUNCIL WITH LESAUK TOWN BOARD MINUTES OF MARCH 4, 2004 SPECIAL MEETING Pursuant to due call and notice thereof, a special meeting was held on March 4, 2004, in the LeSauk Town Hall. Kevin Pullis called the meeting to order at 7: 00 p. m. COUNCIL MEMBERS PRESENT: POGATSHNIK, BLEASE, LEWANDOWSKI, ORNDORFF, O' DRISCOLL TOWN BOARD MEMBERS PRESENT: DWIGHT SHARP, MARK BROMENSCHENKEL, KEVIN PULLIS STAFF PRESENT: PATTI GARTLAND, CITY ADMINISTRATOR ANITA RASMUSSEN, CITY PLANNING DIRECTOR KEITH YAPP, CONSULTANT ENGINEER' S OFFICE MARLYCE PLANTE, TOWN CLERK ORDERLY ANNEXATION AGREEMENT - CONSIDERATION OF POSSIBLE AMENDMENTS 0 It was noted that the 1992 Orderly Annexation ( OA) Agreement was amended in 1995 to modify the format of the Joint Planning Commission in response to the outcome of a legal challenge. A Agreement, 2nd Whereas: There was general consensus that there is need and justification for a new study to be completed that would serve as a baseline for identifying issues and situations within the current orderly annexation agreement that should be considered for modification. Concerns expressed with the outcomes created via the current agreement included: inefficiencies of leapfrog annexations that result in islands of incorporated areas; impact urban development places on rural roadway sections maintained by the Township; high cost of extending utility services past areas that are not annexed and served at the time of installation. In response to the suggestion that the City should accept it was noted petitions only if they abut the existing corporate limits, that this would unfairly and artificially inflate the value of those properties that abut the City. City Council members suggested the need to consider a phased plan for annexation and extension of utility services with a definitive time frame that property owners and the City can plan and prepare for. OA Agreement, # 1: It was also noted that the area south of the Sauk River Cloud. has had a mix of annexations to the City of Sartell and City of St. A determination should be made as to the ultimate boundary between St. Cloud and Sartell before any additional annexations are considered to St. Cloud. OA Agreement, 43: It was noted that the Town Board' s action to amend the OA greement with Sartell and St. Cloud to facilitate the Heim request to 1

50 annex to St. Cloud actually violated a prohibition for orderly annexation greement amendments without voter approval that was imposed on the Board at the last annual meeting. OA Agreement, 45: It was suggested that the Town and / or City may wish to see the terms of the OA agreement found in 5. a. and 5. b. changed dependent on the outcome of a study update. Pullis indicated a desire to see some portion of the township always exist and stressed the need for the township to keep its tax rate below that of the City to maintain an incentive for some part of the township to always exist. He expressed a need for entire roadway corridors to be annexed to the City that connect to any part of the City. Mayor Pogatshnik indicated that annexed roadway corridors need to be accompanied by a phased annexation plan for abutting properties to the roadway corridors. It would not be equitable nor can the City afford to assume road maintenance cost obligations for the Township where township properties continue to be served and benefit from these roadways. Consensus was to pursue an outside, neutral party to facilitate a study and review of the existing orderly annexation agreement. It was suggested that financial and /or staff support to facilitate such a study be pursued with Stearns County, St. Cloud Area Planning Organization, Initiative Foundation, and the MN Office of Long Range and Strategic Planning. OA Agreement, # 6: It was noted that the City hasn' t recovered its investment in infrastructure to serve annexed portions of the Township toate which means there has not been any monies generated to create a Trunk Reserve Fund. Pullis expressed a desire to reduce the per diem expense incurred by the Township when extra meetings of the Joint Planning Commission are held. OA Agreement, # 7: Pullis suggested that the five year phase in of the property tax difference for residential properties should be provided to the Town Board to use for roadway improvements rather than to the property owner. He also noted that the first year of the phase in actually results in a reduction of their tax bill from what it was prior to annexation based on how the County implements the phase in. Gartland noted the City has created a rural tax district and urban tax district to enable properties that remain undeveloped and without urban services to be taxed at a rate equivalent to the town rate to represent a rural service delivery from the City. She indicated that this has removed the disincentive for rural properties to be annexed prior to the availability of municipal utility service. Some suggested the merger discussions that occurred in 1990 between the City and the Township should be resurrected. OA Agreement, # 8: Pullis suggested that the developer should be required to pay the per diem expense incurred by the Township for special meetings of the Joint Planning Commission where the need for a special meeting is initiated by the developer. 0

51 Concern was expressed for the appropriateness of having LeSauk Town members f the Joint Planning Commission voting on property matters that are on the Benton County side of the City. Because the vast majority of actions by the Joint Planning Commission pertain to properties in the City, it was suggested that the JPC should be expanded to seven voting members with the additional member selected by the City. Town Board members indicated that the decisions of the JPC are final for township property actions but is Town Board advisory only to the City Council for city property matters. members were not interested in changing the composition of the Joint Planning Commission. OA Agreement, 49: It was noted that agricultural preservation districts are a function of the County. These City now has the ability through creation of a rural tax district and Agriculture Zoning District to accommodate agricultural uses in the City at a tax rate that is equivalent to that of the Township. OA Agreement, # 10: Consensus was that the cost - sharing terms of the existing agreement for the fire department, government center, and other joint City- Township projects needs to be reviewed and updated. In concluding the meeting, it was the consensus that a study should be pursued using a neutral party facilitator. It was agreed that City staff would pursue attaining cost estimates and funding options for such acilitation services for consideration by the City Council and Town Board. Pullis adjourned the meeting at 9: 45 p. m. Minutes By: 9'&' L' - #"" J Patti Gartland City Administrator MAYOR 3

52 0 MINUTES OF MARCH 8, 2004 SARTELL CITY COUNCIL MEETING FIFTH MEETING Pursuant to due call and notice thereof, the fifth meeting of 2004 was held on March 8, 2004 in the council chambers of the Sartell City Hall. Mayor Pogatshnik called the meeting to order at 7: 05 p.m. COUNCIL PRESENT: COUNCIL ABSENT: OTHERS PRESENT: Mayor Pogatshnik, Council members: Blease, Lewandowski O' Driscoll, Orndorff None Patti Gartland, City Administrator Mary Degiovanni, Finance Director Judy Molitor, Administrative Secretary Jim Hughes, Interim Chief of Police Keith Yapp, City Engineer Anita Rasmussen, Planning & Community Development Director PLEDGE OF ALLEGIANCE AGENDA REVIEW AND ADOPTION A MOTION WAS MADE BY O' DRISCOLL ADOPTING THE AGENDA AS PRESENTED. THE MOTION WAS SECONDED BY ORNDORFF. APPROVAL OF CITY COUNCIL MINUTES A MOTION WAS MADE BY LEWANDOWSKI APPROVING THE MINUTES AS PRESENTED OF THE FEBRUARY 23, 2004 REGULAR MEETING. THE MOTION WAS SECONDED BY ORNDORFF. CONSENT AGENDA a. February Building Inspectors Report Acceptance b. February Finance Directors Report Acceptance c. February Public Work Commission Notes Approval d. Approval of resolution approving three -year labor contract with Teamsters Local 320 e. Resolution setting a public hearing for March 22, 2004, for a building height variance request for Stone Path Village f. Resolution setting a public hearing for April 12, 2004, for a parking requirement variance for Keeneland Village g. Resolution setting a public hearing for March 22, 2004, for a preliminary plat for Stonebrook 2 h. Resolution setting a public hearing for March 22, 2004, for a conditional use permit for Middle Town i. Resolution approving street name change of 6d' Street North to 5t' Street North between Conine Creek and 13 Avenue j. Resolution approving the wetland credit plan for the new city -owned compost site k. Approval of $3, 600 contract for inspection of East Water Tower (budgeted expenditure)

53 March 8, Approval of $1, 000 contract for native prairie maintenance services at City Hall site from Prairie Restorations funded from Pauline Carlson Memorial Fund. m. Approval of $2,343 expenditure for hydraulic lift table (budgeted for $2, 300) n. Approval to rehire Karen Browning as seasonal landscape coordinator funded by up to $ 11, 000 from Beautification Fund. o. First reading and approval of a resolution setting a public hearing for April 12, 2004, for creation of an Agricultural District and standards p. Approval of a resolution authorizing the appraisal and eminent domain of Richard/ Stuart Swenson property for the purpose of obtaining a 50 -foot wide right -of -way easement ( 2nd Street South and Pine Cone Road) q. Resolution accepting annexation petition for 65 acre parcel abutting Heritage Drive (Edwin & Delores Traut) r. Approval of $2, 000 eixpenditwe to have an S & P bond rating analysis eemplete s. Approval of application and permit for temporary 3. 2% malt liquor license for St. Francis Xavier Church for an event on April 3, 2004, at 308 2nd Street North t. Resolution approving application for exemption from lawful gambling permit for a raffle for St. Francis Xavier church for an event on April 3, 2004, at 308 2nd Street North. u. Resolution approving application for exemption from lawful gambling permit to conduct bingo, pull -tabs, and a raffle for St. Francis Xavier Church for an event on April 14 and 15, 2004, at 219 2nd Street North. v. Resolution approving plans for 2004 North Trunk Storm Sewer Improvements and setting bid opening for 2: 00 p.m., April 7, 2004 w. Resolution approving plans for Westside Interceptor Phase 3 Improvements and setting bid opening for 2: 15 p.m. April 7, x. Resolution approving preliminary engineering report for Stone Path Village Improvements and setting a public hearing for March 22, y. Resolution approving preliminary engineering report for 2 '/ a Street north improvements and setting a public hearing for March 22, 2004 A MOTION WAS MADE BY O' DRISCOLL APPROVING CONSENT AGENDA ITEMS A THROUGH Q AND S THROUGH Y, REMOVING ITEM " R" FOR DISCUSSION UNDER THE FINANCE DIRECTOR. THE MOTION WAS SECONDED BY BLEASE. PUBLIC HEARINGS NPDES Phase II permit and 2004 Storm Water Pollution Prevention Plan 7: 09 p.m. Mayor opened the public hearing and explained how the hearings would be conducted. Community Development Director, Anita Rasmussen provided the following: is The City of Sartell is located at the edge of a large urbanized area which classifies it a mandatory regulated MS4 for the NPDES Phase II program. The National Pollution Discharge Elimination System ( NPDES) Phase II program is a federally mandated program established by the Environmental Protection Agency EPA) to implement and maintain storm water management activities through a permitting mechanism in the City of Sartell. The permit requires the City to incorporate six minimum control measures into a storm water pollution prevention plan ( SWPPP), which also needs to be updated on a yearly basis. Those six control measures includes: public Education and Outreach, Public Participation/ involvement, Illicit Discharge Detection and Elimination, Construction Site Runoff Control, Post - Construction Runoff Control, and Pollution Prevention/ Good Housekeeping. 2

54 March 8, 2003 The City is required to hold a public hearing to gain input on the 2003 SWPPP as part of the public participation and involvement control measure. In addition, the City is required to submit to MPCA an annual report of those activities preformed as outlined in the 2003 SWPPP. There were no comments from the public and the Mayor closed the hearing at 7: 12 p.m. A MOTION WAS MADE BY LEWANDOWSKI APPROVING RESOLUTION ADOPTING THE NPDES PHASE II PROGRAM TO IMPLEMENT AND MAINTAIN STORM WATER MANAGEMENT ACTIVITIES THROUGH A PERMITTING MECHANISM. THE MOTION WAS SECONDED BY BLEASE. Savanna Oaks rezonine request from R -1 to R -5 residential (continued from February 2, 2004) 7: 14 P. M. Mayor Pogatshnik opened the public hearings involving the Savanna Oaks property and explained how the hearing would be conducted. Anita presented the request on behalf of Viking Development to rezone their property from R -1 Single Family Residential to R -5 Planned Unit Development to accommodate a residential subdivision containing single family lots to be known as Savannah Oaks. The proposed plat is acres in size and consists of 183 single - family lots and one park. The property is currently zoned R -1, single family residential, but the owner /developer has requested the rezoning to facilitate the development of this residential development with deviated average lot standards. The rezoning allows for an additional 25 units to be constructed on this property or a density of 2. 6 units per acre. This property is guided for low density residential according to the future land use plan. The applicant is requesting that the average lot width for 60 lots be reduced to a minimum of 62 feet. All setbacks, rear, side and front conform to typical standards. All of the lots meet the minimum lot size of 9500 square foot and street frontage of 50 ft. The following comments were heard from the public: Deborah Bryant, '' Street North, Sartell, presently lives in LeSauk Township and enjoys the peaceful environment, quiet area with nature and prefers the Council consider the concerns of their neighborhood. Bryant discussed concerns of traffic congestion, especially with the new school in the area, and asked the City to adhear to the minimum standards and not allow this rezoning request. Lloyd Traut, Avenue North, Sartell, agrees with Bryant's concerns, especially of traffic created with a new school and one intersection from Pine Cone Road. Greg Rueter, 1608 Blackberry Circle, Sartell, asked Anita for an update on the process and replatting which has taken place and how this development evolved from 242 to 183 lots. Rueter also asked the speed limit of Pine Cone Road in the area of the new school and stated that he agrees with the concerns expressed earlier by Bryant and Traut regarding density, school traffic and safety. Rueter asked the Council not to make an exception.

55 0 March 8, 2003 Deborah Bryant, `h Street North asked how large the park would be and what type of equipment will be in the park. Anita explained this park would be approximately one -third acre tot lot with trails and the balance would be payment in lieu. Kitty Fenlason, ' d Street, Sartell discussed concern of the diagonal road and traffic patterns throughout the development. Fenalson also expressed concern of an adequate plan for drainage /run off after the development is complete. Jim Anderson, th Street North said he feels it would be wise to wait until more development is done in the area to be sure all traffic does not dump into Pine Cone Road. Deborah Bryant, Street North asked why the City would consider varying from the standards? Mayor Pogatshnik explained the commitment by the City to incorporate Life Cycle Housing and how the developer has been working to accommodate 15% of Life Cycle Housing in this development. Developer, Rick Poplinski said the Life Cycle Homes would be approximately $ 140, 000, however most of the homes in the development would start at $ 180,000. 7: 38 P.M. Mayor Pogatshnik closed the hearing. Council member Blease discussed the specific need to rezone and the only apparent reason to him would be to accommodate Life Cycle Housing. Typically a rezoning is granted because of specific use, usually topography or due to a change in use, ( i.e. commercial to residential). Blease asked Anita why it would be appropriate to rezone this particular area? Anita said the reason is for deviation from the lot width, ft. lot frontages. Council member Orndorff highlighted previous discussions and his concerns of smaller lots and deviation from set backs to accommodate Life Cycle Housing. Orndorff also said that if this rezoning is approved, it will set the tone for deviation from our standards in wide open areas of development. He could approve of the rezoning if this was zoned commercial, as Council member Blease indicated, however just to rezone to accommodate Life Cycle Housing, he cannot support. Mayor Pogatshnik asked how the Council would propose to accommodate Life Cycle Housing as committed to by an earlier Council resolution? Council member Omdorff feels uncertain about the need to have 15% designated as Life Cycle, suggested re- evaluating the need, possibly 5% being sufficient. There are no applications at this time for Life Cycle Housing. Council member Blease discussed standards of R -1 and other fee reduction options to accommodate Life Cycle Housing rather than higher than standard density. Council member Lewandowski discussed previous rezoning approvals and how the lots in this development would be desirable due to the proximity to the school. She feels it is premature to say that Life Cycle Housing is not working. The City needs a place to start. Council member Orndorff said the market has changed and there are plenty of homes on the market for under $ 130, 000 therefore he doesn't feel the need to rezone. 4

56 March 8, 2004 Council member O'Driscoll concurs with member Blease, why have R -1 designation if the City continues to approve rezoning. The City needs to continue to review Life Cycle Housing, stay with standards and preserve features in larger parcels such as this one. Council member Blease discussed the intent of the R -5 Planned Unit Development District. He does not think this development contains significant features in which there is a need for concessions such as preserving natural vegetation, topographic and/ or other geologic features. Blease also talked about incentives and reducing city fees for developers interested in Life Cycle Housing and that the city would be better served to allow a reduction in fees rather than change the land use. Keeping with our standards is why residents are proud to live in Sartell and he questioned how successful growth would be in the future if the City deviates from these standards. Anita was directed by Mayor and Council members to prepare a resolution stating the reasons for supporting the denial of the findings of fact for the rezoning request. Resolution adopting findings of fact supporting ( or denying) the rezoning of the property A MOTION WAS MADE BY ORNDORFF APPROVING THE INTENT TO DENY THE REQUEST FROM VIKING DEVELOPMENT FOR A REZONING OF CERTAIN PROPERTIES FROM R -1 SINGLE FAMILY TO R -5 PLANNED UNIT DEVELOPMENT. THE MOTION WAS SECONDED BY BLEASE. AYE: POGATSHNIK, BLEASE, O' DRISCOLL, ORNDORFF NAY: LEWANDOWSKI Ordinance approving the rezoning of the property A MOTION WAS MADE BY LEWANDOWSKI ADOPTING ORDINANCE APPROVING THE REZONING OF CERTAIN PROPERTIES FROM R -1 SINGLE FAMILY RESIDENTIAL TO R -5 PLANNED UNIT DEVELOPMENT. THE MOTION WAS SECONDED BY ORNDORFF. UPON VOTE BEING TAKEN THE FOLLOWING VOTED; AYE: LEWANDOWSKI NAY: POGATSHNIK, BLEASE, O' DRISCOLL, ORNDORFF MOTION DENIED On behalf of the developer, Rick Poplinski requested the Council give him direction and suggestions for road layout/ design, procedures and timelines in order to bring this back for approval with all lots meeting the R -I classification. Poplinski volunteered the 60 day extension. Tim Erkkila, Westwood Professional Services and designer of the plat talked about road options and wetland issues taking into consideration the condition of Pine Cone Road as well as future school traffic. Savanna Oaks Preliminary Plat Resolution approving requested preliminary plat and preliminary development agreement. A MOTION WAS MADE BY BLEASE TO TABLE ACTION ON THE PRELIMINARY PLAT OF SAVANNA OAKS, BRING THE PLAT UP TO R -1 STANDARDS, HAVE THE JOINT PLANNING COMMISSION REVIEW IF TIME ALLOWS AND BRING IT BACK TO THE COUNCIL AT THE MARCH 22ND CITY COUNCIL MEETING. THE MOTION WAS SECONDED BY O' DRISCOLL.

57 March 8, 2004 Savanna Oaks Conditional Use Permit Resolution adopting findings of fact approving (or denying) the conditional use permit request Resolution approving requested conditional use permit On behalf of the developer, Rick Poplinski withdrew his request for a Conditional Use Permit. A MOTION WAS MADE BY ORNDORFF AND SECONDED BY O' DRISCOLL ACCEPTING THE WITHDRAWAL OF THE CUP REQUEST BY RICK POPLINSKI FOR SAVANNA OAKS. Zoning Ordinance amendment Chapter 15, Title 10, Life Cycle Housing requirements Subdivision Ordinance amendment Chapter 2, Title 11, Life Cycle Housing requirements Anita explained her request to have action tabled on the Zoning and Subdivision Ordinance. A MOTION WAS MADE BY LEWANDOWSKI APPROVING THE RECOMMENDATION BY THE CITY PLANNING AND COMMUNITY DEVELOPMENT DIRECTOR TO TABLE ACTION ON THE ZONING AND SUBDIVISION ORDINANCE AMENDMENTS. THE MOTION WAS SECONDED BY BLEASE. OLD BUSINESS Request for future storm sewer assessment waiver Patti briefed the Council on the recommendation by the affected property owner's attorney to defer action on this item to the March 22, 2004 meeting. DEPARTMENT REPORTS Finance Department Consent Agenda Item " r" Approval of $2000 expenditure to have S & P bond rating analysis completed A MOTION WAS MADE BY BLEASE APPROVING THE $2,000 EXPENDITURE TO HAVE S & P BOND RATING ANALYSIS COMPLETED. THE MOTION WAS SECONDED BY O' DRISCOLL Consideration of the 2003 General Fund Pre -Audit Budget Report Consideration of revision to Financial Policy and Guidelines

58 r J March 8, 2004 Finance Director, Mary Degeovanni presented her pre -audit report for Council's consideration as well as her recommendations for changes to the Finance Policy. Police Department Interim Police Chief, Jim Hughes highlighted statistics from the police report. A MOTION WAS MADE BY LEWANDOWSKI ACCEPTING THE POLICE REPORT. THE MOTION WAS SECONDED BY ORNDORFF. Mayor Pogatshnik extended special thanks to everyone who helped in any way with the reception for Governor Pawlenty. PUBLIC WORKS Brad presented his maintenance report and briefed the Council on the number of Christmas trees dropped off at the Compost site as well as the amount of food collected for the food shelf. A MOTION WAS MADE BY ORNDORFF AND SECONDED BY LEWANDOWSKI ACCEPTING THE PUBLIC WORKS REPORT. CITY ENGINEER Engineer, Sid Wiliamson presented his memorandum. Mayor questioned the 7`s Street sidewalk request and Sid mentioned that will be discussed at the next Public Works Commission meeting. Planning and Community Development Director Anita highlighted upcoming events for the Life Cycle Housing to be held at the CMBA offices in St. Cloud on Friday. Saturday will be a special Joint Planning Commission tour of local developments for Life Cycle Housing. City Administrator r L J A MOTION WAS MADE BY O' DRISCOLL AND SECONDED BY ORNDORFF APPROVING THE PROFESSIONAL DEVELOPMENT CLASSES AS RECOMMENDED BY THE CITY ADMINISTRATOR. 7

59 0 March 8, 2004 Patti recommended formal approval be provided by the Council for items listed under the Finance Director. Consideration of 2003 General Fund Pre -Audit Budeet Report A MOTION WAS MADE BY O' DRISCOLL AND SECONDED BY ORNDORFF APPROVING THE 2003 GENERAL FUND PRE -AUDIT BUDGET REPORT AS RECOMMENDED BY THE CITY' S FINANCE DIRECTOR. Consideration of revision to Financial Policy and Guidelines A MOTION WAS MADE BY LEWANDOWSKI AND SECONDED BY BLEASE ACCEPTING THE REVISION TO THE FINANCIAL POLICY AND GUIDELINES AS RECOMMENDED BY THE CITY' S FINANCE DIRECTOR. CITY COUNCIL UPDATE MISCELLANEOUS BUSINESS Both Council members O'Driscoll and Orndorff echoed the Mayor's thanks expressed earlier to everyone who participated in making Governor Pawlenty's reception a success. PAY ALL VOUCHERS A MOTION WAS MADE BY ORNDORFF AND SECONDED BY LEWANDOWSKI APPROVING THE PAYMENT OF ALL VOUCHERS. ADJOURN A MOTION WAS MADE BY BLEASE AND SECONDED BY ORNDORFF TO ADJOURN THE MEETING AT 9: 21 P.M. Minutes By: y LGQL ' Aze,, LJ Ju y Molitor Administrative Secretary MA OR '

60 0 MINUTES OF MARCH 22, 2004 SARTELL CITY COUNCIL MEETING SIXTH MEETING Pursuant to due call and notice thereof, the sixth meeting of 2004 was held on March 22, 2004 in the council chambers of the Sartell City Hall. Mayor Pogatshnik called the meeting to order at 7: 04 p.m. COUNCIL PRESENT: COUNCIL ABSENT: PRESENT: Mayor Pogatshnik, Council members: Lewandowski O' Driscoll, Orndorff Council member Blease Patti Gartland, City Administrator Judy Molitor, Administrative Secretary Jim Hughes, Interim Chief of Police Sid Williamson, City Engineer Anita Rasmussen, Planning & Community Development Director PLEDGE OF ALLEGIANCE AGENDA REVIEW AND ADOPTION A MOTION WAS MADE BY LEWANDOWSKI ADOPTING THE AGENDA AS AMENDED. THE MOTION WAS SECONDED BY ORNDORFF. AYE: POGATSHNIK, LEWANDOWSKI, O' DRISCOLL, ORNDORFF 0 APPROVAL OF CITY COUNCIL MINUTES A MOTION WAS MADE BY O' DRISCOLL APPRPOVING THE MINUTES AS PRESENTED OF THE MARCH 8, 2004 REGULAR MEETING. THE MOTION WAS SECONDED BY ORNDORFF. AYE: POGATSHNIK, LEWANDOWSKI, O' DRISCOLL, ORNDORFF CONSENT AGENDA a. Approval of depository services resolution for government entities with US Bank b. Resolution setting a public hearing for April 12, 2004, for Rezoning from R -2 to R -5, Oak View Pond 2. c. Resolution setting a public hearing for April 12, 2004 for Conditional Use Permit, Oak View Pond 2. d. Resolution setting a public hearing for April 12, 2004, for Preliminary Plat, Oak View Pond 2 e. Resolution setting a public hearing for April 12, 2004, for Preliminary Plat, Middle Town 2 f. Resolution accepting annexation for 65 acre parcel abutting Heritage Drive (Edwin & Delores Traut) g. Resolution approving the submission of a grant request to the DNR for proposed park improvements and land acquisition. h. Resolution approving the feasibility report and ordering the improvements and preparation of plans and specifications for Avalon Village 4 & Fox Run of Avalon Village 2. i. Resolution approving the feasibility report for the 15th Street North/ Riverside Avenue North improvements and set public hearing for April 12, 2004 j. Authorization to order six model 100 precinct Count units from Election Systems & Software as budgeted for in the 2004 budget ($29, ).

61 March 22, 2004 k. Approval of budgeted expenditure for lawn mower trade 1. Acceptance of park bench donation m. Approval of contracts with Leggette, Brashears and Graham for ground water monitoring and reporting services on landfills within Northside Park n. Resolution approving a Wetland Conservation Act permit for Creek View Preserve o. Approval to advertise and hire temporary, seasonal summer employees p. Approval to rehire compost site supervisors and establish salary rates q. Approval of gas monitor purchase ($ 945; reimbursable expense) for Public Works Department r. Approval of a resolution calling for a public hearing on May 10, 2004, on a request for Tax Increment Financing for SilverOaks Senior Campus s: Approval of expenditure of drug crime forfeiture funds for purchase of drug testing supplies ($ 215 plus applicable tax) a DUI F f t t a e e... 7: twe of$ A5 7f- fe. aif costsfr Poliee t. First reading and set a public hearing for April 12, 2004, on an ordinance amendment for Key Box Installation requirements AA MOTION MOTION WAS WAS MADE MADE BY BY LEWANDOWSKI LEWANDOWSKI APPROVING APPROVING CONSENT CONSENT AGENDA AGENDA ITEMS ITEMS AA THROUGH THROUGH TT AS AS AMENDED. AMENDED. THE THE MOTION MOTION WAS WAS SECONDED SECONDED BY BY ODRISCOLL. ODRISCOLL. UPON UPON VOTE VOTE BEING BEING TAKEN TAKEN THE THE FOLLOWING FOLLOWING VOTED: VOTED: AYE: AYE: POGATSHNIK, POGATSHNIK, LEWANDOWSKI, LEWANDOWSKI, O' O' DRISCOLL, DRISCOLL, ORNDORFF ORNDORFF NAY: NONE MOTION CARRIED PUBLIC PUBLIC HEARINGS HEARINGS Rezonine Rezonine of of the the Compost Compost Site Site from from I I --11 to to R R : 7: p. p. m. m. Mayor Mayor opened opened aa public public hearing hearing for for the the rezoning rezoning of of the the old old Compost Compost Site Site and and explained explained how how the the hearing hearing would would be be conducted. conducted. Anita Anita explained explained the the request request as as part part of of the the implementation implementation of of the the City' City' ss recently recently adopted adopted Comprehensive Comprehensive Plan. Plan. Staff Staff recommended recommended and and the the Council Council approved approved initiating initiating the the rezoning rezoning of of certain certain properties properties from from I I -11 Light Light Industrial Industrial to to R R Multiple Multiple Family Family Residential Residential on on the the property property commonly commonly referred referred to to as as the the old old compost compost site. site. The The site site is is approximately approximately acres acres in in size size and and is is currently currently zoned zoned I I which which would would allow allow for for office office and and warehouse warehouse development. development. AA rezoning rezoning of of this this property property to to R R would would allow allow for for the the development development of of single single family, family, twinhomes, twinhomes, townhomes townhomes and/ and/ or or apartment apartment buildings. buildings. Initiating Initiating the the rezoning rezoning of of this this property property comes comes as as aa result result of of the the comprehensive comprehensive planning planning process, process, which which determined determined that that this this area area would would not not be be best best used used as as industrial industrial due due to to the the location location of of this this property property among among existing existing residential residential neighborhoods neighborhoods and and the the lack lack of of adequate adequate transportation transportation amenities amenities to to accommodate accommodate the the traffic traffic which which would would accompany accompany industrial industrial development. development. The The future future land land use use map map indicates indicates that that good good use use of of this this land land would would be be medium medium density density residential residential or or 00 to to units units per per acre. acre. The The land land to to the the north, north, south south and and east east consists consists of of single- single- family family residences. residences. The The property property to to the the west west is is currently currently vacant vacant but but the the future future land land use use map map consists consists of of mixed mixed use use which which would would allow allow for for high high density density residential. residential. The The Joint Joint Planning Planning Commission Commission and and staff staff recommends recommends approval. approval. AA decrease decrease of of intensity intensity may may be be portrayed portrayed as as an an enhancement enhancement to to the the area area and and may may offer offer little little to to no no negative negative impacts impacts to to the the surrounding surrounding area area that that would would otherwise otherwise be be present present with with the the industrial industrial designation. designation. The The following following comments comments were were heard heard ( ( comments comments do do not not reflect reflect entire entire statements statements made): made):

62 0 March 22, 2004 Doris Rono, `s Street South asked, if there would be apartment buildings allowed on the parcel, how big would they be and how close to the lot line could they build? Anita explained the allowable height and setbacks for construction of any building. Leo Rono, a' Street South asked how much the developer could change the wetland? City Engineer, Sid Williamson explained mitigation and said that normally a developer will mitigate small areas, however the majority of these wetlands are very large, therefore every attempt will be made to keep the larger wetlands in tack. If smaller wetlands are removed, they need to be replaced at a 2-1 ratio. Leo Rono, `x' Street South also discussed drainage issues when back lots slope to the wetland area Planning and Community Development Director, Anita Rasmussen explained the permits needed by the developer when working with wetlands. Kelly Sauer, 911 1& Street South asked what had prompted the multi family use rather than keeping it as residential? Anita explained the transition area from residential to commercial through the comp plan. Leo Rono, `s Street South questioned the higher density, twin home or apartments? Jason Schafbuch, 702 6`' Street South, understands that the wetland will not be touched. Sid explained that every attempt will be made to preserve the wetland. Jason asked if access will come from 7' h Avenue? Anita outlined road access scenarios. Jeremy Mikla, 649 7h Avenue South concerned of all the wildlife that presently makes their home in this area such as whitetail deer and pheasants. Leo Rono, th Street South asked if the property was developed, where would water come from? Sid explained the options available, one closest is at Pine Cone Road as well as some to the east of the property. Scott Welch, th Street South asked how many apartment buildings would be on the property. Welch feels there is more wetland than buildable land, so why squeeze apartment buildings in such a small area? Mayor Pogatshnik explained that the City is only asking to rezone the property at this time, no developer has offered to purchase the property, therefore the City is not sure what type of housing will be built on the land. Rezoning this property from industrial to residential is a better transition for the area and is in the best interest of the City in order to prepare for a sale and help recover some of the cost for the new compost area. Keith Rothstein, a` Street South asked if there was any chance to rezone to R -1? Mayor Pogatshnik explained that going from I -1 Light Industrial to R -3 is a better transition into a commercial area as Anita had explained earlier. Brenda Wenning, th Street South asked about property values in the area? Mayor Pogatshnik said the homes would improve significantly in value with the transition area rather than leaving the area zoned I -1, Light Industrial. Scott Welch, `s Street South, suggested using the area for a city park rather than rezoning. Mayor Pogatshnik explained that the City needs to rezone and sell the property in order to recover the cost of the new compost site, so there will be no additional costs to city residents for the new compost site. Anita outlined conceptual plans for roads into the development from either Pine Cone Road or Heritage Drive.

63 0 March 22, 2004 Kelly Sauer, th Street South asked the amount of space needed for single family homes and/ or apartment buildings. Anita explained that at this time the City does not have a plan for any buildings, this is just a conceptual plan. Hearing no more comments, Mayor Pogatshnik closed the hearing at 7:47 p.m. Council member O'Driscoll asked Sid how long a typical city block was? Sid said the typical is approximately 330 feet, however the newer areas have expanded to 500 foot average. O'Driscoll said, on the east side of the property there is greater than 600 ft. from this property to existing property lines. If the city were to do nothing, this property would stay industrial. It makes sense to rezone this property and sell it, especially with the financial budget cuts the city is faced with. The city could choose to do nothing, however more cuts would then need to be done to the budget to find a balance and recover costs for the new site. It is difficult to change, however O'Driscoll said he does favor the rezoning. Council member Omdorff thanked the audience for coming and expressing their views. Orndorff echoes the same thoughts as Council member O'Driscoll and that the city needs to recover cost for the new compost site and feels this parcel has potential for a transition area. Omdorff briefly explained the process, if a developer buys the property and wants to develop it, they would need to come to the Council for approval. The City has control over what is built on this property. Orndorff also supports the rezoning. Council member Lewandowski mentioned that, way back, there was a request from a resident who wanted to purchase some wetland behind his property and wondered if that request was still active. Patti said that Dave Guggenberger is still interested in acquiring some wetland adjacent to his property. Findings of Fact suoportine approval of the rezoning from I -1 to R -3 A MOTION WAS MADE BY LEWANDOWSKI APPROVING RESOLUTION ADOPTING FINDINGS OF FACT SUPPORTING A REQUEST FOR A REZONING OF CERTAIN PROPERTY FROM I -1 LIGHT INDUSTRIAL TO R -3 MULTIPLE FAMILY RESIDENTIAL. THE MOTION WAS SECONDED BY O' DRISCOLL. AYE: POGATSHNIK, LEWANDOWSKI, O' DRISCOLL, ORNDORFF Ordinance approving rezoning from I -1 to R -3 A MOTION WAS MADE BY LEWANDOWSKI ADOPTING ORDINANCE APPROVING THE REZONING OF CERTAIN PROPERTIES FROM I -1 LIGHT INDUSTRIAL TO R -3 MULTIPLE FAMILY RESIDENTIAL. THE MOTION WAS SECONDED BY O' DRISCOLL. AYE: POGATSHNIK, LEWANDOWSKI, O' DRISCOLL, ORNDORFF Savanna Oaks Preliminary Plat 8: 03 p.m. Mayor Pogatshnik opened the public hearing to hear those present regarding the preliminary plat of Savanna Oaks. 4

64 0 March 22, 2004 Anita presented the plat on behalf of Viking Development. The plat is approximately Acres located west of Pine Cone Road and north of the new elementary school site. There are no Life Cycle Housing units in this plat. There is 173 single family lots proposed, all over 9, 500 square feet. The minimum parkland for this plat would be 1, 198 a square foot in parkland dedication for the single - family units or park land dedication of Acres. The Park Commission is requesting a. 36 acre park along the northern property line which will facilitate a tot lot park. The remainder of the park dedication will be a payment in lieu. The developer is proposing a. 27 acre park. A 12 foot bituminous path is proposed for the northern side of the roadway on the westerly side of Pine Cone Road. Sidewalks will be on at least one side of every street. The following were comments raised by the neighbors: 1. Increased traffic generated by this development along with a deteriorating Pine Cone Road 2. If the roads in this area would be subject to road limits for truck traffic making deliveries to the homes and golf course maintenance facility? The following were recommendations made by staff. 1. Outlot A shall have the lot lines extended to eliminate the need for the outlot 2. A phasing plan which limits the amount of homes constructed until such time as Pine Cone Road to 32nd Street be improved to an urban standard be described in the development agreement. 3. All requests /concerns by the Engineering department be resolved prior to the review by the City Council The following comments were heard from the public (comments do not reflect entire statements made): Lloyd Traut, ' h Avenue North asked if semi truck traffic will access through his property and if the north/ south road will be vacated in time. Traut also discussed the utility poles and if they would be moved or if they would be replaced by underground service. 8: 12 p.m. Mayor Pogatshnik closed the hearing. Council member Lewandowski confirmed the loss of Life Cycle Housing and 10 lots to conform with R -1 standards with this revision of the plat. Council member O'Driscoll thanked the Developer and Tim Erkkila from Westwood Wellen Associates for their work in resolving density issues on this plat. Council member Omdorffstill has issues with the roadway plan. Anita highlighted the proposed extension of 13d' Street to Pine Cone Road and assured the Council that the southern portion of the development will not be developed until Pine Cone Road is brought up to urban standards. Resolution approving the preliminary plat request A MOTION WAS MADE BY LEWANDOWSKI ADOPTING RESOLUTION APPROVING THE PRELIMINARY PLAT AND PRELIMINARY DEVELOPMENT AGREEMENT OF SAVANNA OAKS. THE MOTION WAS SECONDED BY O' DRISCOLL. AYE: POGATSHNIK, LEWANDOWSKI, O' DRISCOLL NAY: ORNDORFF

65 0 Stone Brook 2 Preliminary Plat March 22, : 20 p.m. Mayor opened the public hearing and Anita presented the request on behalf of Richard Frank Investments. Stone Brook 2 consists of acres east of 19`x' Avenue and south of 2 '/ Z street. The development will consist of 32 single family lots with a density of units per acre. For proper screening on double frontage lots, a berm (4: 1) and vegetation should be installed along lots 1, 2, 3, 5, 6, and 7 prior to the release of building permits for those lots. Since park dedication was previously collected, additional parkland dedication is not required on the second phase. However, staff recommends that the drainage easement ( 20 ft) wide also act as a trail easement in an effort to connect this development to the park. All streets meet the minimum right -of -way requirement of 66 feet (36 feet curb to curb). A NPDES Phase II permit will need to be approved and obtained from MPCA. The following are recommendations from the Joint Planning Commission and Staff: 1. All comments by the engineering department are resolved. 2. That the developer submits the proposed foundation elevations for the future homes along the Floodway and ponding area 3. That the developer monument the area on the designated floodway, utility and drainage easement line prior to the release of a building permit. A minimum of one sign shall be placed per lot. Proposed locations of signs shall be shown building /site plan. In addition, the monument shall consist of a four -inch square treated post, installed to a height of four feet above grade and set at least 42 inches into the ground. 4. Sidewalks ( one side) be installed 5. Berm and vegetation for proper screening along double frontage lots be installed along lots 1, 2, 3, 5, 6, and 7 prior to the release of a building permit on those lots. There were no comments from the public and the public hearing was closed at 8: 25 p.m. Council member O' Driscoll asked the City Engineer for a clarification of the floodway line and the difference between flood spillway and floodway. O' Driscoll' s concern is with residents building a home in the floodway, and to avoid that, wants people to be notified of floodway areas. Mayor Pogatshnik briefly explained the requirements of the need for elevation to be two feet above the 100 year flood event and the requirements established by FEMA. Council member Omdorff also echoed concerns of saving the natural environment as well as hazards for homeowners and the City with homes in floodways. Resolution approving the preliminary plat request A MOTION WAS MADE BY LEWANDOWSKI ADOPTING RESOLUTION APPROVING THE PRELIMINARY PLAT OF STONE BROOK 2. THE MOTION WAS SECONDED BY MAYOR POGATSHNIK. AYE: POGATSHNIK, LEWANDOWSKI, O' DRISCOLL, ORNDORFF 6

66 March 22, 2004 Conditional Use Permit Middle Town 2 8: 35 Mayor Pogatshnik opened the public hearing to consider the Conditional use Permit for Middle Town 2. Anita made the presentation on behalf of the developer. Joe Torborg has submitted a request for a conditional use permit to allow for a mix of housing styles and limited deviated lot sizes in relation to a R -5 Planned unit Development District for a development which will consist of 24 patio homes and a maximum of 141 apartment units ( 3 buildings). The reasoning behind a PUD and a conditional use permit is to allow for more flexibility in among other things, lot sizes and dimensions. The development will still utilize the typical setbacks for the apartment developments. However the requested setbacks for the patio homes are as follows: Side yard interior 5 feet, Front Yard 25 feet and Rear Yard 20 feet. The patio homes will provide a lesser density on the site and the smaller lots which are association based, will provide a more adequate transition of residential style from the existing single - family homes to the proposed apartment complex on the most easterly side of the development. The Planning Commission recommends approval of the conditional use permit for middle Town 2. The following were comments heard, however these comments do not reflect entire statement made: Henry Nienaber, 328 5th Avenue South asked if the only access will be on 4th Avenue and if 4b Avenue will be upgraded in the future? 0 Mayor Pogatshnik explained the realignment of 4th Avenue onto 2nd Street. Henry Nienaber, 328 5d' Avenue South discussed the possibility of a lower speed limit on 2 d Street, feels that 40 mph is too fast for the safety of residents crossing. Council member O' Driscoll said the re- alignment is intended to help with traffic control and ease in access. Ron Viska, 5013 rd Street South asked why the developer is seeking a variance? He suggested the row of patio homes appear like a picket fence, homes too close together and he fears the homes will impact the value of existing neighborhood. Anita explained this area is similar to the patio homes on Village Avenue near Little Dukes. This style works well in transition, is very well maintained with an association and the proposal is less dense. Ron Viska, 501 3rd Street South outlined his property and is concerned with having over 2 homes /lots within his back property. Viska said adjacent land owners do not want to lose property value. Anita Rasmussen explained the existing plan is less dense than what was originally planned. Developer Joe Torborg about the need to recover some of the land cost and the transition area needed. His original plan was for town homes which were two story and now the developer has scaled down to single family patio homes. Ron Viska, 501 3rd Street South asked if this was Life Cycle Housing? Joe Torborg indicated the price of the patio homes would be $ 150,000 to $200,000 and the project would be association maintained.

67 0 March 22, 2004 Steve Feneis, 615 7h Street North explained the scenario to transition from commercial, low, mid to high density under typical city standards. Steve said that the line to transition needs to placed in the development somewhere and the patio home development which is association maintained is an ideal transition line. 9: 05 Mayor closed the public hearing. Council member O' Driscoll and Omdorff discussed access and traffic patterns from the development to 3`d Street South and 4`'' Avenue South Findings of Fact supporting approval of the Conditional Use Permit A MOTION WAS MADE BY O' DRISCOLL APPROVING THE ADOPTION OF RESOLUTION FINDINGS OF FACT RELATING TO A REQUEST FOR A MIX OF RESIDENTIAL USES IN AN R -5 PLANNED UNIT DEVELOPMENT DISTRICT. THE MOTION WAS SECONDED BY ORNDORFF. AYE: POGATSHNIK, LEWANDOWSKI, O' DRISCOLL, ORNDORFF Resolution approving the Conditional Use Permit A MOTION WAS MADE BY O' DRISCOLL ADOPTING RESOLUTION APPROVING THE ISSUANCE OF A CONDITIONAL USE PERMIT BASED ON FINDINGS OF FACT #97-04 AND DECLARING TERMS OF PERMIT ALLOWING FOR A MIX OF RESIDENTIAL HOUSING STYLES IN AN R -5 PLANNED UNIT DEVELOPMENT DISTRICT. THE MOTION WAS SECONDED BY ORNDORFF. AYE: POGATSHNIK, LEWANDOWSKI, O' DRISCOLL, ORNDORFF Variance to Maximum Building Height Stone Path Village 9: 11 p.m. Mayor opened the public hearing to consider the height variance for Stone Path Village. Anita Rasmussen presented the request on behalf of Sartell Dynamics to extend the maximum height by 6. 5 feet for the corner and end units of the retail/office complex known as Stone Path Village, located at the corner of Pine Cone Road and 2 "d Street South. The major portion of the building proposed for the retail/ office complex is well within the maximum height restriction for commercial uses set forth by City Code. Only the roof peaks extend to the height of feet. Given the location of the building, there will be limited, if any, negative effects on the neighboring developments. The adjacent apartment complex is an approved 4 story complex with an average height of 48 feet. The Fire Department had no objections and the Joint Planning Commission along with staff recommends approval. Norm from Cole Architects was present and explained the roof pitch going from 4112 pitch to a 6/ 12 pitch for aesthetic value is the main reason for the application of the variance.

68 There were no comments from the public. March 22, : 16 p.m. Mayor Pogatsbnik closed the hearing. Findines of Fact supporting approval of the Variance A MOTION WAS MADE BY LEWANDOWSKI APPROVING RESOLUTION ADOPTING FINDINGS OF FACT RELATING TO A REQUEST FOR A VARIANCE TO THE MAXIMUM HEIGHT REQUIREMENTS. THE MOTION WAS SECONDED BY O' DRISCOLL. AYE: POGATSHNIK, LEWANDOWSKI, O' DRISCOLL, ORNDORFF Resolution approvine the Variance A MOTION WAS MADE BY LEWANDOWSKI ADOPTING RESOLUTION APPROVING THE ISSUANCE OF A VARIANCE AND DECLARING TERMS OF SAME. THE MOTION WAS SECONDED BY O' DRISCOLL. AYE: POGATSHNIK, LEWANDOWSKI, O' DRISCOLL, ORNDORFF Stone Path Village Public Improvement Petition Project # : 18 p. m. Mayor Pogatshnik opened the public hearing. City Engineer, Sid Williamson explained the project for the improvements as designated in the Preliminary Engineering Report for Stone Path Village and deemed the project necessary, cost effective and feasible as detailed in the report. The following comments were heard from the public. Comments do not reflect entire statements made: Stuart Swenson, Sundance Shell Station questioned when the project will be completed and the timeframe on road construction. Sid said the utilities will start mid- summer and street construction possibly late in : 31 p.m. The public hearing was closed. Council member Omdorff discussed depth of water /sewer lines along Pine Cone Road and who would bear the cost of moving the power poles, if necessary. Sid said the power pole issue is scheduled to be discussed at the next Public Works Commission. Resolution ordering improvements and preparation of plans and specifications A MOTION WAS MADE BY ORNDORFF ADOPTING RESOLUTION ORDERING IMPROVEMENTS AND PREPARATION OF PLANS & SPECIFICATIONS FOR THE STONE PATH VILLAGE IMPROVEMENTS PROJECT # =102. THE MOTION WAS SECONDED BY O' DRISCOLL. AYE: POGATSHNIK, LEWANDOWSKI, O' DRISCOLL, ORNDORFF

69 March 22, 2004 Resolution accenting the plans and specifications for the Stone Path Village improvements and set bid letting date for April 26, 2004 at 2 p.m. A MOTION WAS MADE BY ORNDORFF ADOPTING RESOLUTION ACCEPTING THE PLANS & SPECIFICATIONS FOR THE STONE PATYH VILLAGE IMPROVEMENTS PROJECT # SETTING BID LETTING DATE. THE MOTION WAS SECONDED BY LEWANDOWSKI. AYE: POGATSHNIK, LEWANDOWSKI, O' DRISCOLL, ORNDORFF 2 % Street North (from Pine Cone Road to 19`h Avenue North) Improvements Project # : 43 p.m. Mayor opened a public hearing regarding improvements for 2 % Street. City Engineer, Sid Williamson presented the plans for the project consisting mainly of street and storm sewer construction. The proposed street will be constructed 38 feet in width with turn lanes at both intersections. A bike path is proposed for the south side of 2 '/ a Street as well as a sidewalk between 13th and 14th Avenue. Jamie Gruebele, d` Avenue North discussed the sidewalk between 13`, and 14`s Avenue and if the connection will be six or eight feet wide? Sid said the sidewalk is proposed for 6 feet wide. Robert Murray, rd Street North asked Sid to explain what formula is used to determine property owners assessments and if the width of the street will affect his property. Sid explained the formula and also that the width of the road will not affect any property owners. Floyd Crabtree, d' Avenue North, asked why the City would put a sidewalk for 2 blocks and if he would be responsible for maintenance of the sidewalk. Sid said the sidewalk is to establish a crosswalk to access the path on the south side of 2 %Z street and for safety in crossing. Cathy Schendzielos, `h Avenue North doesn' t think the sidewalk makes sense. She thinks that residents will cross wherever it is convenient. She is concerned about having a surplus of assessment money spent on other City projects and wants to be sure they are paying for their own improvements, not having money pooled to pay for other assessments. Floyd Crabtree, `h Avenue North asked how accurate is the City Engineer' s estimate? Sid emphasized that the estimate is very accurate. 10: 14 p.m. The Public Hearing was closed Resolution ordering improvements and preparation of plans and specifications A MOTION WAS MADE BY O' DRISCOLL ADOPTING RESOLUTION APPROVING FEASIBILITY REPORT AND ORDERING IMPROVEMENTS & PREPARATION OF PLANS AND SPECIFICATIONS, 2004 CAPITAL IMPROVEMENTS 2'/: STREET NORTH (PINE CONE ROAD TO 19TH AVENUE) PROJECT # THE MOTION WAS SECONDED BY LEWANDOWSKI. AYE: POGATSHNIK, LEWANDOWSKI, O' DRISCOLL, ORNDORFF Recess 10: 20 10: 23 1L

70 0 OLD BUSINESS March 22, 2004 Findings of Fact Denying Rezoning Savanna Oaks Following direction from the City Council at the March 8, 2004 meeting, a resolution was prepared identifying the reasons for denial of the Savanna Oaks rezoning. A MOTION WAS MADE BY ORNDORFF APPROVING RESOLUTION ADOPTING FINDINGS OF FACT SUPPORTING THE DENIAL OF A REQUEST FROM VIKING DEVELOPMENT FOR A REZONING OF CERTAIN PROPERTIES FROM R -1 SINGLE FAMILY TO R -5 PLANNED UNIT DEVELOPMENT. THE MOTION WAS SECONDED BY O' DRISCOLL. AYE: POGATSHNIK, LEWANDOWSKI, O' DRISCOLL, ORNDORFF Request for future storm sewer assessment waiver Administrator, Patti Gartland explained the letter received from Attorney Roger Neils relating to the proposed resolution approving a reduction in trunk/ storm sewer assessment rate for certain properties in Block 1 of North River Oaks. Patti along with Sartell' s attorney have reviewed the letter from Roger Neils and suggestions for changes were made. Patti identified the recommended changes and explained that the City needs to move forward with this project and if an agreement is not achieved prior to this meeting, staff recommends that our engineers be directed to proceed with the project design using the existing easement and any further efforts with the property owners will be abandoned. A MOTION WAS MADE BY LEWANDOWSKI ADOPTING RESOLUTION AS REVISED AND RECOMMENDED BY STAFF APPROVING REDUCTION IN TRUNK STORM SEWER ASSESSMENT RATE FOR CERTAIN PROPERTIES IN BLOCK 1 OF NORTH RIVER OAKS. THE MOTION WAS SECONDED BY ORNDORFF. AYE: POGATSHNIK, LEWANDOWSKI, O' DRISCOLL, ORNDORFF NEW BUSINESS Jobz Redesignation of 8. 9 acres Anita explained the JOBZ designation as an economic development tool created by the legislature to stimulate development by providing tax exemptions within pre - determined zones or areas. Tax exemptions include income tax, sales tax, property tax on commercial and industrial improvements, employment tax for high paying positions and corporate franchise taxes. The exemptions could be valid for up to 12 years from January, As a result of the Killinger/Wollak rezoning, which included 5. 1 acres of industrial/jobz area, 8. 9 acres of JOBZ area would need to be re- designated. During the rezoning process, the likely location for the acreage would be located north of County Road 29 where the property is approximately guided for office /warehouse. 1 I 11

71 March 22, 2004 A formal request has been received to transfer the JOBZ 8. 9 acres to available acreage North of I" Street Northeast and State Highway 15. The property is presently zoned B -2 and geared toward Light Industrial and Office Warehouse which qualifies towards the JOBZ program. A MOTION WAS MADE BY LEWANDOWSKI ADOPTING RESOLUTION APPROVING THE TRANSFER OF 8.9 ACRES OF TAX EXEMPTIONS. THE MOTION WAS SECONDED BY ORNDORFF. AYE: POGATSHNIK, LEWANDOWSKI, O' DRISCOLL, ORNDORFF Steve Feneis asked if the land owner can sell to a business even if they don' t qualify for JOBZ? Anita said that our finance director is working on JOBZ guidelines. DEPARTMENT REPORTS Police Department Interim Chief, Jim Hughes presented the police report. Public Works Director, Brad Borders requested authorization to purchase a replacement snowplow truck. If approved the purchase of the truck would be done through the state contract bid process and could be purchased from Boyer Ford, St. Paul. Cost of the truck would include trade -in of our 1982 dump truck with plow attachment. Cost for the plow truck including trade would be $ 111, A MOTION WAS MADE BY LEWANDOWSKI ADOPTING RESOLUTION APPROVING THE EQUIPMENT PURCHASE OF A PLOW TRUCK FOR $111, AND AUTHORIZING EQUIPMENT CERTIFICATES. THE MOTION WAS SECONDED BY ORNDORFF. AYE: POGATSHNIK, LEWANDOWSKI, O' DRISCOLL, ORNDORFF City Engineer Engineer, Sid Williamson presented his memorandum and discussed the options for Pine Road North improvements. Sid explained both Option A Pine Cone Road widening, total estimated cost $ 162, and Option B, Pine Cone Road widening with bypass lane at 27d` Street, total estimated cost of 189, Safety and traffic flow issues were discussed for both options. Administrator Gartland recommended taking both options to the school board, giving them the benefit of the estimates and discuss shared costs. Council agreed with the recommendations of Gartland. Sid presented an agreement with Stearns County for ITT soil borings for 2nd Street. A MOTION WAS MADE BY LEWANDOWSKI AND SECONDED BY O' DRISCOLL APPROVING AN AGREEMENT WITH STEARNS COUNTY FOR ITT SOIL BORINGS FOR 2ND STREET. AYE: POGATSHNIK, LEWANDOWSKI, O' DRISCOLL, ORNDORFF 12

72 March 22, 2004 Plannina and Community Development Director Anita Rasmussen updated the Council with items from her memorandum. City Administrator Patti presented her recommendations for professional development. A MOTION WAS MADE BY ORNDORFF APPROVING THE PROFESSIONAL DEVELOPMENT CLASSES. THE MOTION WAS SECONDED BY LEWANDOWSKI. AYE: POGATSHNIK, LEWANDOWSKI, O' DRISCOLL, ORNDORFF Gartland explained the opportunity to apply for a FEMA grant to be used for a communication system for the Fire Department. Patti will keep the Council updated as to the progress, however, at this time she is requesting permission to apply. A MOTION WAS MADE BY O' DRISCOLL AUTHORIZING SUBMISSION OF AN APPLICATION FOR A FEMA GRANT TO BE USED FOR A COMMUNICATION SYSTEM FOR THE FIRE DEPARTMENT. THE MOTION WAS SECONDED BY ORNDORFF. AYE: POGATSHNIK, LEWANDOWSKI, O' DRISCOLL, ORNDORFF CITY COUNCIL UPDATE MISCELLANEOUS BUSINESS Mayor Pogatshnik and the Council members present at this meeting plan to attend the Area Cities meeting in St. Augusta on March 30th. Mayor Pogatshnik updated the Council on the discussions scheduled for the next APO meeting from the Sauk Rapids Bridge Committee. PAY ALL VOUCHERS A MOTION WAS MADE BY O' DRISCOLL AND SECONDED BY LEWANDOWSKI APPROVING THE PAYMENT OF ALL VOUCHERS. AYE: POGATSHNIK, LEWANDOWSKI, O' DRISCOLL, ORNDORFF 13

73 March 22, 2004 ADJOURN A MOTION WAS MADE BY ORNDORFF AND SECONDED BY O' DRISCOLL TO ADJOURN THE MEETING AT 11: 15 P.M. AYE: POGATSHNIK, LEWANDOWSKI, O' DRISCOLL, ORNDORFF Minutes By: Judy olit Administrative Secretary MAAOR 14

74 SARTELL CITY COUNCIL MEETING MINUTES OF APRIL SEVENTH MEETING Pursuant to due call and notice thereof, the seventh meeting of 2004 was held on April 12, 2004 in the council chambers of the Sartell City Hall. Mayor Pogatshnik called the meeting to order at 7: 04 p.m. COUNCIL PRESENT: COUNCIL ABSENT: PRESENT: Mayor Pogatshnik, Council members: Blease, Lewandowski O' Driscoll, Council member Orndorff Patti Gartland, City Administrator Judy Molitor, Administrative Secretary Jim Hughes, Interim Chief of Police Keith Yapp, City Engineer Anita Rasmussen, Planning & Community Development Director PLEDGE OF ALLEGIANCE AGENDA REVIEW AND ADOPTION APPROVAL OF CITY COUNCIL MINUTES A MOTION WAS MADE BY LEWANDOWSKI APPRPOVING THE MINUTES AS PRESENTED OF THE MARCH 22, 2004 REGULAR MEETING. THE MOTION WAS SECONDED BY O' DRISCOLL. AYE: POGATSHNIK, BLEASE, LEWANDOWSKI, O' DRISCOLL CONSENT AGENDA a. March Building Inspectors Report Acceptance b. March 30, 2004 Public Works Commission notes Approval c. Approval to purchase " for sale" sign for old compost site d. Resolution setting a public hearing for April 26, 2004, on a maximum height variance request for an accessory garage ( Jerry Grant, 627 9"' Street North) Resolution setting a public hearing for April 26, 2004, on a side yard setback variance request for an accessory garage ( Jerry Grant, 627 9t' Street North) e. Resolution approving revised wetland conservation permit for Creek View development f. Resolution approving wetland conservation permit for Savanna Oaks g. Resolution setting a public hearing for April 26, 2004, on a conditional use permit amendment for Celebration of Sartell to allow fences up to 15 feet from the rear property line for alley lots. h. Resolution approving distribution of the Environmental Assessment Worksheet for heritage Place i. Acceptance of a $ 1, 500 grant from Central MN Community Foundation for DARE program j. Approval of fee schedule amendment for street sweeping k. Approval of a contract for wetland mitigation at the new compost site 1. Approval to purchase locator as provided for in the 2004 Enterprise Fund budget m. Resolution approving street name change ( Madison Crossing) from 13' h Avenue to 12th Avenue South as directed by the Police Department. n. Resolution setting a public hearing for May 10, 2004, for a request to vacate certain drainage and utility easements in Watab Springs Plat 3 o. Approval of Change order No. 1 for the 01 Avenue and 3rd Street South public improvement proj ect. p. Resolution awarding bid for 2004 North Trunk Storm Sewer Project #

75 q. Resolution awarding bid for 2004 Westside Interceptor Phase 3 Project # r. Resolution approving feasibility report and ordering improvements and preparation of plans and specifications for Lift Station #4 Reconstruction Project # s. Resolution approving feasibility report and ordering improvements and preparation of plans and specifications for Well # I3/ Reclamation Pond Project # t. Resolution approving feasibility report and ordering improvements and preparation of plans and specifications for Madison Crossing u. Resolution accepting petition for annexation of Leonard and Laverne Kruchten property (40 acres north of Dehler Drive). v. Set a hearing for April 26, 2004, on imposition of penalties for violations of the City' s liquor control ordinance provisions. A MOTION WAS MADE BY BLEASE APPROVING CONSENT AGENDA ITEMS A THROUGH V AS PRESENTED. THE MOTION WAS SECONDED BY ODRISCOLL AYE: POGATSHNIK, BLEASE, LEWANDOWSKI, O' DRISCOLL Council member Omdorff arrived at 7: 06 P.M. PUBLIC HEARINGS a. 15th Street North/Riverside Avenue North WSAH 1) public improvement project 7: 06 P.M. Mayor Pogatshnik opened the public hearing and explained how the hearing would be conducted. Keith Yapp from BWK explained the public improvement project intended to be completed at the same time as the County completes CSAH reconstruction. Keith outlined options considered for construction: 1. Two lane with parking 2. Two lane with parking on one side & bike path separated from the road 3. Three lane ( center turning lane) 4. Four lane A minimum of 14 feet of right -of -way will need to be acquired for the roadway project which generally is split 7 feet on either side of the road, but acquiring all from the east side of the road is also an option which is being considered. In addition to the road reconstruction Keith also explained the sanitary sewer, water main, sanitary and water services as well as storm sewer improvements associated with this project. The area proposed to be assessed for such improvements is the property abutting on and/ or benefiting from the improvements. Keith outlined possible assessment charges for the property owners and explained how the assessments are calculated. A brief overview of the design considerations for the roadways, utilities and construction cost estimates were presented. Estimated total cost of the improvements is approximately 560,500. City Administrator, Patti Gartland recommended the Council hold the public hearing for the utility improvements but defer any action until the City knows more definitively what, when and how the County part of the project is going to proceed. More information is needed, based on the questions asked at the public information meeting. The following comments were heard from the public, however these comments do not reflect entire statements made: Don Helgeson, 1594 Riverside Avenue North, asked about the proposed width of the road and what would happen to the boulevard and green space? Helgeson also asked if all the trees would be removed.

76 Jodi Teich, Assistant County Engineer said that if the project is going to move forward, the County would meet with the affected property owners and discussed tree removal, etc. Some trees would definitely have to be removed if the road was widened. Don Helgeson, 1594 Riverside Avenue North discussed the issue of taking 14' of right -of -way all on one side or the other and his concerns of removing the green space and trees. Helgeson is concerned if this project will remove all the green space and aesthetics value along the River Road. Peter Binsfeld '' Street North, owns property along the affected area and discussed the width of the pathway and how close to his property line the pathway could be. Keith Yapp said the pathway would be 8' wide. Maurine Binsfeld, d' Street North asked why the pathway would only extend to 15' h Street? Keith said ideally the pathway should be extended to Pine Cone Road, but that would be during a later project and there is no timeframe for that construction. Sherry Douglas, `s Street North asked if the property owners have anything to say about moving the road to one side or the other and if the project is approved, when would it start? How long will the project take? Sherry would like to have the project done as soon as possible to avoid higher costs in the future. If approved, Keith said construction would likely occur in 2005 with anticipation of completing the project during the construction season, with the final lift of bituminous in the spring of Construction costs typically go up 3% per year. Bob Mahowald, Riverside Avenue North asked how the present road would fit into the new proposal? Keith said there would be a taper for the transition. John Krehbiel, 1573 Riverside Avenue North asked if the City is responsible or the residents to reroute the sewer line. Keith said everyone shares in widening the road to the west. Krehbiel discussed the drainage ditch and the basin in the drainage ditch questioning if the basin would be covered when the road is constructed. Jodi Teich, Assistant County Engineer said basically if the drainage basin is ruined during construction, the County will repair it back to it' s original state. Krehbiel said that the drainage system is working good now and wants to be sure the system is functioning as well after the road is widened. Don Helgeson, 1594 Riverside Avenue North questioned the assessment and when they would be assessed? Keith explained that the assessments are not levied against the parcel until property is annexed into the City. Peter Binsfeld, ' h Street North mentioned that if City services are available and the homeowner has not hooked up, this could become an issue on title work during any refinancing of the property, according to his experience. Mayor Pogatshnik verified with the City Engineer that deferring the assessment cost is no longer an option for residents. Bob Mahowald, Riverside Avenue took the opportunity to speak in favor of the project. His property was annexed approximately 10 years ago and he is looking forward to having City Services available. The price keeps increasing every year and as more systems fail the need is evident to have services. Mayor Pogatshnik explained that this is the most efficient time for the city to install services, work with the County and have the road under construction one time for both projects, city services as well as the road reconstruction.

77 Sherry Douglas, th Street North said the road is getting bad and with the amount of traffic on the road, she is in favor of the project being done as soon as possible to avoid inflation costs. Mitch Anderson, County Engineer said this project is being considered now due to to extend services. In his opinion the roadway could last a couple more years. a request from the City David Jansen, '' Street North asked if State Aid funds will be used for the project? Mitch Anderson answered yes, it is on the State Aid system. John Krehbiel asked Mitch Anderson to explain how many years of wear the County considers to be left on Riverside Avenue. Mitch said typically roads are constructed for approximately 20 years. 7: 45 p.m. Mayor Pogatshnik closed the hearing. Patti Gartland explained the right -of -way issue and that the County Engineer may recommend to the County Board that the City be required to pay for all right -of -way costs, even though there is a significant amount of right -of way in the Township. With the potential to impact the City cost considerably, recommendation was made to withhold action until further research can be done by staff. 0 A MOTION WAS MADE BY LEWANDOWSKI AND SECONDED BY O' DRISCOLL TO TABLE CONSIDERATION OF THE PUBLIC IMPROVEMETNS PROJECT FOR 15TH STREET NORTH/RIVERSIDE AVENUE NORTH INDEFINITELY. b. Request to rezone Oak View Pond 2 property from R -2 to R -5 ( Wollak) 7: 47 Mayor Pogatshnik opened the hearing for rezoning Oak View Pond 2. Anita presented the rezoning request on behalf of Wollak Construction to rezone the property from R -2 to R -5 Planned Unit Development to allow Single Family homes with deviations in the typical minimum setback requirements, lot width and lot sizes. The applicant has also submitted a preliminary plat and a conditional use permit to accommodate a subdivision containing 21 single - family patio home lots, one park and one industrial lot. The proposed development is acres, however the request for the rezoning is only within the proposed residential area, which is approximately 8 acres. The residential development consists of 21 single - family lots, which according to the developer are intended to be patio homes with the common areas maintained by an association. The requested lot deviations are as follows: Front yard, 20 feet (30 foot typical), rear yard, 15 feet (30 foot typical, northern lots rear yard 25 feet, side yard 6 feet ( 10 foot typical) minimum lot sizes 5700 square foot typical lot size is 9500 square foot). The Joint Planning Commission recommended approval which would encourage transition of housing styles from single family to a higher density. They felt that given the unique circumstances of the wetland basin and industrially zoned property to the north and east, a PUD which incorporates a mix of residential lot sizes would be appropriate. There were no comments from the public and the hearing was closed at p.m. Council member O' Driscoll discussed the smaller lots and the hardship involved. Anita explained the smaller lot sizes are due mainly because of the wetlands on the property. 4

78 Council member O' Driscoll also asked if Anita was aware of any plans from Sauk Rapids to develop the property to the South? Anita is not aware of any. Council member Orndorff asked if we have approval to use the temporary cul -de -sac from the City of Sauk Rapids. Anita affirmed that we do have their approval. Omdorff also discussed the deviation in lot sizes for the transition. Council member O' Driscoll approves of the rezoning due to the use of the property to transition as well as the preservation of features. A MOTION WAS MADE BY O' DRISCOLL APPROVING RESOLUTION ADOPTING FINDINGS OF FACT RELATING TO A REQUEST FROM WOLLAK CONSTRUCTION FOR A REZONING OF CERTAIN PROPERTIES FROM R -2 TWO AND SINGLE FAMILY TO R -5 PLANNED UNIT DEVELOPMENT. THE MOTION WAS SECONDED BY ORNDORFF. A MOTION WAS MADE BY ORNDORFF AND SECONDED BY BLEASE ADOPTING ORDINANCE APPROVING THE REZONING OF CERTAIN PROPERTIES FROM R -1 SINGLE FAMILY RESIDENTIAL TO R -5 PLANNED UNIT DEVELOPMENT. 0 c. Oak View Pond 2 Preliminary Plat 8: 03 Mayor Pogatshnik opened the hearing for the preliminary plat of Oak View Pond 2. Anita reviewed the request and the issues that need to be addressed for approval of the preliminary plat: 1. An easement will be needed for a temporary cul -de -sac that will be required for the easterly end of Oak Pond Drive. 2. A 25 -foot drainage and utility easement is required along northerly lot lines of lots 1, 2 and 3 of Block 1. The easement is required to provide an emergency overflow outlet for the wetland. 3. Hydrology calculation submitted with the Preliminary Grading Plan do not account for overland drainage from the south of the property. Verification will need to be provided to amount of contributing area that drains overland from the south into Oak View Pond Estates 2. Drainage easements provided for the ponding site cannot be approved until the drainage basin is validated. 4. The lowest opening for a building is shown at 107 msl. The emergency overflow for the wetland is also shown at 1075 msl. A 2 foot freeboard is recommended between the emergency overflow and the lowest opening for a building. 5. An approximate 100 foot center line radius is being proposed at several curves along Oak Pond Drive. Construction of the roadway within this small of a radius will hence make each of these curves an intersection. It is recommended that the Center Line Radius should not be less than 200 feet. 6. Three units are committed for the City' s Lifecycle housing Goal along with all the requirements of the program. Staff recommended approval provided engineer' s comments are met. Ernie Wollak said he thought Life Cycle housing did not pertain to this property. Anita said with the rezoning to the PUD the property is subject to all Life Cycle Housing requirements.

79 Mr. Wollak verified that requirement for Life Cycle Housing is for three lots/ home not to exceed $ 135, 000. Wollak said he would not be able to build Life Cycle Housing for that price. Mayor Pogatshnik asked Wollak if he wanted to withdraw his request? Council member Blease asked if, since the park was so small if the Park Commission would be better with a payment in lieu? Brad Borders explained that the Park Commission would prefer the smaller park for a gazebo and park bench with flowers. If the industrial area next to this development was utilized, the people who work there could also use the park. Blease asked if any of the residents have requested a park? Emie Wollak did say that the park which is there seldom gets used. Ernie Wollak asked the minimum lot size for Life Cycle Housing. Minimum is 50xl20/ 5200 square feet. Linda Brown with Surveying and Engineering asked if the LCH was voluntary or mandatory. Anita said with the new rezoning it would be mandatory. Qualified buyers need to apply to qualify for LCH. Applicants have increased in the last six months. 8: 20 p.m. Mayor closed the public hearing. Applicant, Ernie Wollak withdrew his request for Preliminary Plat approval of Oak View Pond 2 as well as Council' s consideration of a Conditional Use Permit. e. Middle Town Preliminary Plat 8: 24 p.m. Mayor Pogatshnik opened a public hearing for Middle Town Preliminary Plat. On behalf of Joe Torborg, Owner and Developer, Anita presented the Preliminary Plat of Middle Town. The site is approximately acres located on 2nd Street South and 4'b Avenue South. The westerly half of the site is proposed as single family senior patio homes. The easterly half is proposed as apartments. Setbacks are: front yard 25 ft., rear yard 20 ft. and side yard 5 ft. The development should commit to providing 15% of overall units towards LCH. The following recommendations were made by staff and the Joint Planning Commission: 1. The emergency overflow elevation for the site is at an elevation of It is recommended that the finished floor elevation on proposed buildings be a minimum of 0.5 feet higher than the emergency overflow elevation of An additional drainage and utility easement will be needed along the westerly property line of Block 3. The easement will be needed to provide an outlet for the discharge of the JK Secure Storage sedimentation pond located to the south of the property. The drainage easement will need to be 15 feet in width. 3. The development should commit to providing 15% commitment. of the overall development towards the LCH 4. Minimum payment in lieu of parkland dedication in the amount of $22, ( 14 units x $950, the 2004 rate) be collected prior to the release of the final plat. Staff recommended approval provided the engineer' s comments are met. The following comments were heard from the public, comments do not reflect entire statements made: Dennis Hahn, Hahn Holdings, 604 4a' Avenue NE talked about his concern for storm water drainage in the area and the incomplete construction at the storage facility. 0 8: 35 p.m. Mayor Pogatshnik closed the hearing.

80 Council member Blease discussed traffic patterns from the development for ingress /egress on 2nd Street, verifying that the County has given their stamp of approval also. Council member Omdorff questioned an open cut through to County Road 133 and if the developer had any concerns regarding traffic cutting through the development to avoid traffic signals. Developer, Joe Torborg is okay with barricades ( knock downs for emergency vehicles) if traffic cutting through the development becomes an issue. Resolution approving requested preliminary plat and preliminary development agreement A MOTION WAS MADE BY LEWANDOWSKI ADOPTING RESOLUTION APPROVING THE PRELIMINARY PLAT AND PRELIMINARY DEVELOPMENT AGREEMENT FOR MIDDLETOWN PLAT 2. THE MOTION WAS SECONDED BY BLEASE. Anita presented the final plat of Middle Town Plat 2 which is consistent with the preliminary plat. Staff and the Joint Planning Commission recommended approval of the final plat based on the following conditions being met: 1. The emergency overflow elevation for the site is at an elevation of It is recommended that the finished floor elevation on proposed buildings be a minimum of 0. 5 feet higher than the emergency overflow elevation of An additional drainage and utility easement will be needed along the westerly property line of Block 3. The easement will be needed to provide an outlet for the discharge of the JK Secure Storage sedimentation pond located to the south of the property. The drainage easement will need to be 15 feet in width. 3. The development should commit to providing 15% of the overall development towards the LCH commitment. 4. Minimum payment in lieu of parkland dedication in the amount of $22, ( 14 units x $950, the 2004 rate) be collected prior to the release of the final plat. Resolution approvine final plat and final development agreement A MOTION WAS MADE BY O' DRISCOLL AND SECONDED BY BLEASE ADOPTING RESOLUTION APPROVING THE FINAL PLAT AND FINAL DEVELOPMENT AGREEMENT OF MIDDLETOWN PLAT 2. f. Keeneland Village variance request from parking requirements 8: 40 p.m. Mayor Pogatshnik called the public hearing to order to consider a parking variance for Keeneland Village. 0 Anita presented the request for Lyon Contracting and Development for a variance on the parking requirements for the Keeneland Village Phase I development which is a 59 unit apartment complex on the property located south of Heritage Drive, east of Magnolia Place.

81 A The City code requires 2. 5 spaces per residential dwelling. The first phase is proposing 59 units which would require 148 parking spaces. The applicant is requesting a variance of 7 parking spaces for a total of 141 parking stalls. That equates to 2. 4 parking spaces per dwelling unit. The Joint Planning Commission recommends approving the request for a variance due to the fact that the hardship ( wetland) may be a unique circumstance applying to the land. Staff still has some significant concern regarding the granting of the variance to the parking requirements due to the fact that there are numerous ( commercial/ residential) developments that contain wetlands in Sartell and had to scale the project to meet all minimum requirements. The following comments were made, however comments do not reflect entire statements made: Randy Somdalen, 4307 County Road 119 asked how many phases there are to this project and how many times the Council be asked to grant variances? Anita explained the road lay -out and how the roads are designed to accommodate traffic and that the Joint Planning Commission didn' t see reducing parking by 7 stalls an issue. Mayor Pogatshnik asked if there were anticipated future requests for variances? Anita was not aware of any requests, however there will be two more additional phases in the future. Gajenbrananthan Ramanathan 1248 Connecticut Avenue discussed the amount of traffic on Connecticut Avenue and expressed concern of speeding vehicles. He is especially concerned for the safety of children in the area with the addition of more traffic. James Vanvooren 4229 County Road 119 how long will it be until there is a road extension out of the development to take the pressure off Connecticut Avenue? Anita said, as the developments come in to the City, then the road design will be extended into the new phases. Randy Somdalen, 4307 County Road 119 questioned the type of zoning. Anita said this zoning is CDZ Comprehensive Design Zone). James Vanvooren 4229 County Road 119 has concerns with traffic congestion and vehicles using the development as short cuts. James would prefer to reduce the number of apartments for compliance rather than issue a variance. 9 p.m. Mayor Pogatshnik closed the hearing. Council member Orndorff discussed traffic counts on Heritage Drive. Council member O' Driscoll asked if consideration was given to both inside and outside parking with 59 units and 16 garages. O' Driscoll also suggested reducing the number of units to 56 rather than 59. Developer, Jeff Drown explained that the second and third phases are smaller with approximately 2 '/ Z acres, 20 units and possibly town homes. Jeff also agreed to install a pond outlet, feels this development will work well with neighboring property owners. Council member Orndorff suggested possibly moving the trail to another location in the development, asked Jeff if he would consider a redesign of the walking path? Orndorff doesn' t think a variance for seven stalls is a big issue. Council member Blease indicated that a shortage of parking stalls would be more of a problem for the developer and not the city. Blease also discussed the wetland buffer on city property, suggesting the location of the trail could be revisited in the fixture. 0 Resolution adontine findings of fact supporting (or denvine) the variance request

82 A MOTION WAS MADE BY LEWANDOWSKI APPROVING RESOLUTION ADOPTING FINDINGS OF FACT SUPPORTING THE REQUEST FOR A VARIANCE TO THE PARKING REQUIREMENTS. THE MOTION WAS SECONDED BY BLEASE. Resolution approving the variance request A MOTION WAS MADE BY LEWANDOWSKI ADOPTING RESOLUTION APPROVING THE ISSUANCE OF A VARIANCE REQUEST FOR A VARIANCE TO THE PARKING REQUIREMENTS AND DECLARING TERMS OF SAME. THE MOTION WAS SECONDED BY BLEASE. Site plan approval Anita presented the site plan for Keeneland Village for Lyon Contracting and Development. There is a total of acres. The plan is for one building with a total of 59 units. Setbacks for the CDZ front yard is 30 feet, the side yard is 15 feet with the year yard setbacks are 40 feet. The typical maximum height of all structures or buildings are not to exceed 40 feet. The site meets all setback and height requirements. Landscaping and lighting requirements are met. The Joint Planning Commission and Staff recommend approval. A MOTION WAS MADE BY O' DRISCOLL AND SECONDED BY BLEASE APPROVING THE SITE PLAN FOR KEENELAND VILLAGE. g. Zoning Ordinance amendment, Title 10, adding Chapter 19, Agricultural Zone 9: 30 p.m. Mayor opened a public hearing to hear those present regarding the consideration of adding an Agricultural Zone. This agriculture district is intended to preserve the city' s agricultural uses in order to protect farms and maintain the city' s small town character and to create an urban reserve for such time when there is a need for additional urban development and public utilities may be extended. 9: 33 p.m. Mayor closed the hearing. There were no comments from the public. Ordinance Amendment A MOTION WAS MADE BY O' DRISCOLL AND SECONDED BY ORNDORFF APPROVING ORDINANCE AMENDING TITLE 10 OF THE ZONING ORDINANCE AND ADDING CHAPTER 19 AGRICULTURAL ZONE.

83 h. Zoning Ordinance amendment, Title 10, Chapter 3, establishment of zoning for newly annexed properties 9: 38 p.m. Mayor re- opened a public hearing to consider a zoning ordinance amendment. Anita outlined how the amendment would allow territory being annexed into the City to be designated as A -1 Agricultural Zone. This is consistent with the Council' s action to establish a Rural Tax district, which removes the disincentive for agricultural property to seek annexation in advance of development. There were no comments from the public. Mayor and Council members discussed options for the property owners and the public hearings this may create. Consensus of the Council was to table action. A MOTION WAS MADE BY O' DRISCOLL TO TABLE ACTION ON THIS ORDINANCE FOR FURTHER RESEARCH FROM STAFF. THE MOTION WAS SECONDED BY ORNDORFF. i. Zoning Ordinance amendment, Chapter 15, Title 10, life cycle housing requirements 9: 55 Mayor re- opened a public hearing to consider a zoning ordinance amendment for life cycle housing. Anita presented the request and explained the purpose of this amendment is to further define that upon the request for a rezoning of any given property, which property will be subject to the provisions and commitment of the Joint Powers Agreement and the City' s Guidelines on Lifecycle housing. 0 There were no comments from the public. 9:56 p.m. Mayor Pogatshnik closed the public hearing. Ordinance Amendment A MOTION WAS MADE BY LEWANDOWSKI AND SECONDED BY BLEASE ADOPTING ORDINANCE AMENDING CHAPTER 15, TITLE 10 OF THE ZONING ORDINANCE AMENDMENTS AND REZONING. j. Subdivision ordinance amendment Chapter 2 Title 11, Life Cycle Housing requirements 10 p. m. Mayor Pogatshnik re- opened the public hearing to consider a subdivision ordinance amendment for Life Cycle Housing requirements. The purpose of this ordinance amendment is to fiurther define that upon the request for the residential subdivision of any given property, that the property may be subject to the provisions and commitment of the Joint powers Agreement and Sartell' s Guidelines on Lifecycle Housing. 10:03 pm Mayor Pogatshnik closed the hearing. There were no comments from the public. Ordinance Amendment A MOTION WAS MADE BY LEWANDOWSKI APPROVING ORDINANCE 4-11 AMENDING CHAPTER 2, TITLE 11 OF THE SUBDIVISION ORDINANCE, GENERAL PROVISIONS. THE MOTION WAS SECONDED BY O' DRISCOLL. 10

84 k. Ordinance amendment relating to key bog requirements for automatic alarm systems 10: 05 p.m. Mayor opened the public hearing to consider key box requirements amendment. Patti explained that the ordinance amendment provides for a role for both the Police Department and Fire Code Official in the requirements for key box installation. It also provides for the property owner to assure that the City has a valid key for the key box and for the Police Department to keep an accurate log of information on lock box keys. There were no comments from the public. The Mayor closed the hearing at 10: 14 p.m. Ordinance amendment A MOTION WAS MADE BY BLEASE AND SECONDED BY LEWANDOWSKI ADOPTING ORDINANCE NO AMENDNG CHAPTER 8 OF THE CITY CODE RELATING TO KEY BOX INSTALLATION. NEW BUSINESS Final plat and development agreement Madison Crossin Anita presented the final plat of Madison Crossing for Viking Development. The plat is located west of Pine Cone Road and North of County Road 133. The plat consists of 59 single family lots and 4 outlots. Setbacks are as follows: 10 feet interior side yard, 15 feet street side yard and 30 feet front and rear yard setback The following are engineering comments: 1. The developer will need to provide written correspondence from Stearns County Highway Department for the county' s approval of a 500 foot center line radius on 2 d Street South. 2. Drainage and utility easements will be required for construction and maintenance of sedimentation ponds that will extend into Outlot A. 3. A 30 -foot utility easement would be required between Lots 5 & 6, Block 1 for construction and maintenance of a sanitary sewer pipe. 4. Delineated wetlands will need to be shown on the plat 5. A utility easement will need to be provided across Outlots from Victory Avenue and extending to the westerly and easterly boundary of the plat. The easement is required for construction of a trunk sanitary sewer main. The developer will want to grant this easement where the east -west roadway from Victory Avenue will be located. The easement will allow the construction of sanitary sewer main to be stubbed out from Victory Avenue and will prevent disturbing the roadway for future connections. 6. Construction of the southern most roadway of Victory Avenue will require a sedimentation pond to be located in outlot C. The pond will treat storm water runoff from Victory Avenue, the east -west future roadway and also the proposed commercial development as shown on the preliminary plat. A drainage easement would be required for constructing and maintaining the sedimentation pond. A 20 foot easement would also be required along the easterly boundary of the plat to County Road 133. This easement is required for the outlet of the pond. Staff and the Joint Planning Commission recommends approval provided the engineering comments are satisfied. 11

85 Resolution approving the final plat and development agreement A MOTION WAS MADE BY LEWANDOWSKI AND SECONDED BY BLEASE ADOPTING RESOLUTION APPROVING THE FINAL PLAT AND DEVELOPMENT AGREEMENT FOR MADISON CROSSING. Site plan approval Oak Ridge Elementary Bus Barn Anita presented the site plan for construction of District Bus Garages. The location of the garage will be along 27' h Street North and west of the Oak Ridge Elementary School. The site area is approximately 113 acres and the new bus garage will be 14, 256 square feet. The garage will have a total of 5 full cut -off wall pack lights. Light levels at the property line will not exceed. 5 foot candles. Staff recommends approval subject to minor revisions. Approving the development permit A MOTION WAS MADE BY O' DRISCOLL APPROVING THE SITE PLAN AND DEVELOPMENT PERMIT OF THE OAK RIDGE ELEMENTARY BUS BARN. THE MOTION WAS SECONDED BY BLEASE. Council member Omdorff left at 10:24 p.m. Final plat for Huntington Ridge Plat 5 Anita presented the Huntington Ridge Plat 5: plat. The plat is located East of 5`s Avenue South and west of Huntington Park and consists of 8 single family lots. Set backs are: Front and rear = 30' Side yard (internal lots 10' Side yard (street) 15' All park dedication requirements have been met with the Huntington Ridge Development. The Joint Planning Commission and staff recommend approval of the final plat and development agreement provided the following recommendations are met: 1. That the developer will be required to obtain a NPDES Phase II permit from MPCA 2. That all lots a maximum of one bituminous driveway and concrete apron 3. All requests /concerns by the Engineering department are resolved. a. A grading and utility plan will need to be submitted and approved before approval of the final plat b. The runoff from the site will need to have sediment removed prior to discharging into a wetland. A drainage and utility easement will need to be provided for construction and maintenance of a sedimentation pond. The sedimentation pond will need to be sized to treat water runoff from the right of way of 50th Avenue from Heritage Drive to approximately 300 feet south of the southerly boundary of the plat. 12

86 c. A 20 -foot drainage and utility easement will be required between lots 5 & 6 to construct a storm sewer pipe to drain captured overland runoff into the sedimentation pond. Resolution approving the final Dlat and development aereement A MOTION WAS MADE BY LEWANDOWSKI ADOPTING RESOLUTION APPROVING THE FINAL PLAT AND DEVELOPMENT AGREEMENT OF HUNTINGTON RIDGE PLAT 5. THE MOTION WAS SECONDED BY O' DRISCOLL. AYE: POGATSHNIK, BLEASE, LEWANDOWSKI, O' DRISCOLL DEPARTMENT REPORTS Finance Department Finance Director, Mary Degiovanni presented her activity report for March. Resolution adopting the 2004 budeet for pity funds (exclusive of the general fund) Mary is requesting formalized action to approve 2004 budgets for city funds and the various fund transfers identified as part of the audit process. A MOTION WAS MADE BY BLEASE AND SECONDED BY LEWANDOWSKI APPROVING RESOLUTION , ADOPTING THE 2004 BUDGET FOR CITY FUNDS. AYE: POGATSHNIK, BLEASE, LEWANDOWSKI, O' DRISCOLL Resolution approving of various fund transfers effective A MOTION WAS MADE BY LEWANDOWSKI AND SECONDED BY BLEASE ADOPTING RESOLUTION AUTHORIZING FUND TRANSFERS. AYE: POGATSHNIK, BLEASE, LEWANDOWSKI, O' DRISCOLL Approval to replace a personal computer for the Deputy Clerk from administrative equipment fund monies. A MOTION WAS MADE BY BLEASE AND SECONDED BY LEWANDOWSKI APPROVING THE REPLACEMENT OF A COMPUTER FOR THE DEPUTY CLERK. AYE: POGATSHNIK, BLEASE, LEWANDOWSKI, O' DRISCOLL Police Department Interim Chief, Jim Hughes presented his monthly report and discussed the special speed enforcement on 19th Avenue. Speed sign issues for 19th Avenue will be addressed. 13

87 A MOTION WAS MADE BY O' DRISCOLL AND SECONDED BY BLEASE ACCEPTING THE ACTIVITY REPORT. AYE: POGATSHNIK, BLEASE, LEWANDOWSKI, O' DRISCOLL Public Works Brad presented his report. A MOTION WAS MADE BY BLEASE AND SECONDED BY LEWANDOWSKI ACCEPTING THE MAINTENANCE REPORT. AYE: POGATSHNIK, BLEASE, LEWANDOWSKI, O' DRISCOLL Brad requested permission to proceed with hiring a replacement for a compost site supervisor. A MOTION WAS MADE BY LEWANDOWSKI AND SECONDED BY BLEASE APPROVING THE HIRING OF A COMPOST SUPERVISOR. AYE: POGATSHNIK, BLEASE, LEWANDOWSKI, O' DRISCOLL City Engineer Keith Yapp highlighted some of the construction from the report. City Planner Community Development Director, Anita Rasmussen presented her report and briefed the Council on the criteria for Life Cycle Housing. Jane DeAustin, representing Central Minnesota Builders Association spoke briefly and thanked the Joint Planning Commission for meeting with the CMBA. Jane said the CMBA is moving forward to provide affordable housing and is asking for continued support from the City of Sartell. Anita included LCH guidelines in the Council packet and highlighted contents of the policy. A MOTION WAS MADE BY LEWANDOWSKI AND SECONDED BY O' DRISCOLL APPROVING THE LIFE CYCLE HOUSING POLICY GUIDELINES. AYE: POGATSHNIK, BLEASE, LEWANDOWSKI, O' DRISCOLL City Administrator Administrator, Patti Gartland requested approval of professional development classes. r1 L_J 14

88 A MOTION WAS MADE BY BLEASE AND SECONDED BY LEWANDOWSKI APPROVING THE PROFESSIONAL DEVELOPMENT AS RECOMMENDED BY THE CITY ADMINISTRATOR. AYE: POGATSHNIK, BLEASE, LEWANDOWSKI, O' DRISCOLL PAY ALL VOUCHERS A MOTION WAS MADE BY LEWANDOWSKI AND SECONDED BY O' DRISCOLL APPROVING THE PAYMENT OF ALL VOUCHERS. AYE: POGATSHNIK, BLEASE, LEWANDOWSKI, O' DRISCOLL ADJOURN A MOTION WAS MADE BY O' DRISCOLL AND SECONDED BY BLEASE TO ADJOURN THE MEETING AT 11: 07 P.M. AYE: POGATSHNIK, BLEASE, LEWANDOWSKI, O' DRISCOLL Minutes By: Jud Molitor Administrative Secretary MAYOR LJ 15

89 0 SARTELL (BENTON COUNTY) BOARD OF EQUALIZATION MEETING MINUTES OF APRIL 13, 2004 ANNUAL MEETING Pursuant to due call and notice thereof, the annual meeting of the City of Sartell Board of Equalization for Benton County was held on April 13, 2004 in the council chambers of the Sartell City Hall. Mayor Robert Pogatshnik called the meeting to order at 6:30 p.m. COUNCIL PRESENT: COUNCIL ABSENT: ALSO PRESENT: Mayor Pogatshnik, Jeff Blease, Mary Lewandowski, Tim O' Driscoll, Paul Omdorff None Mary Degiovanni, Finance Director Brian Koester, Benton County Assessor Stephen Behrenbrinker, City Assessor AGENDA REVIEW AND ADOPTION A MOTION WAS MADE BY LEWANDOWSKI, SECONDED BY O' DRISCOLL ADOPTING THE AGENDA AS PRESENTED. UPON VOTE BEING TAKEN THE FOLLOWING VOTED: BOARD OF REVIEW Mayor Pogatshnik welcomed the Assessors and Brian Koester gave a brief overview of valuation changes over the past year. Their values are intended to be at 100% of sale values and they were at 86% so an adjustment of 6% was made to bring that ratio to 92 %. Average increases were 5% on residential structures and 1% on residential land. Sartell resident Max Skaj addressed the Board with questions regarding his valuation at 401-5th Avenue East ( parcel No ). After the Assessors reviewed the valuation and confirmed that the new improvement was shown under 2003 and no new improvement was added for this year' s valuation and that his current valuation was actually lower than the price he paid for the new home about 2 years ago, Mr. Skaj had no further questions and made no formal appeal for a change in valuation. Dennis Czech of DMC Company questioned values on the Company' s property parcel numbers , , and in Section 10, Township 36, Range 31, due to the high amount of wetlands on the property and difficult access to the northern high areas. The assessors agreed that the wetlands have reduced value, but that the high land value is higher than the $4,000 per acre placed on the entire property so they could adjust allocation of valuation, but the overall valuation would remain the same since it is

90 what he paid for the property and is consistent with the purchase price for nearby property. The Board discussed the fact that the current zoning for the property is commercial so unless a rezoning or change in use is shown, no adjustment to classification from commercial to residential is warranted for the northern tracts. Mr. Czech agreed no further action was requested for a change in valuation or classification by this local Board of Review. The County Assessor will discuss re- allocation of the value to the southern parcel with Mr. Czech for possible adjustment by the Benton County Board of Review. The assessors received no contacts, calls, or letters in response to the property tax valuation notices received by residents. City staff indicated that no responses were received by City staff either. Staff circulated a Board of Review certification memo showing one member of local Boards needs to attend a course prior to January 1, 2006, but the Assessors indicated the course and requirement details were still being worked out and they would keep us advised. The Board discussed taxing districts in Benton County and the Assessors confirmed that there is a taxing district for Northstar which is on Benton County residents' tax statements which may not be continued beyond this year due to the fact that Northstar is no longer proposed to extend to Rice. ADJOURN A MOTION WAS MADE BY BLEASE AND SECONDED BY O' DRISCOLL TO ADJOURN THE MEETING AT 7: 25 P.M. Mary Degi v nni Finance Director MA OR 2

91 JOINT MEETING OF THE SARTELL CITY COUNCIL AND SARTELL ECONOMIC DEVELOPMENT COMMISSION MINUTES OF APRIL 26, 2004 SPECIAL WORKSHOP Pursuant to due call and notice thereof, a special workshop session was held on April 26, 2004 in the council chambers of the Sartell City Hall. Mayor Pogatshnik called the meeting to order at 5: 05 p.m. COUNCIL PRESENT: COUNCIL ABSENT: EDC PRESENT: EDC ABSENT: OTHERS PRESENT: Mayor Pogatshnik, Council members: Blease ( arrived at 5: 20 PM), Lewandowski O' Driscoll, and Orndorff None Maurer, Lynch, Muellenbach, Caprio, Feneis, Illies, Markman and Minor None Patti Gartland, City Administrator Anita Rasmussen, Planning & Community Development Director Mary Degiovanni, Finance Director Nancy Hoffman, Benton County Economic Development Mark Ruff, Ehlers & Associates (Financial Consultants) AGENDA REVIEW AND ADOPTION A motion was made by Feneis and seconded by Orndorff to adopt the agenda as presented. The motion carried unanimously. TAX INCREMENT FINANCING Mark Ruff circulated a handout and overviewed tax increment financing rules and briefly outlined tax abatement as well. JOBZ Mark Ruff discussed JOBZ and the fact that the State is still working out the details of the program. The City will need a JOBZ policy separate from our other municipal subsidy policies. The City Administrator suggested marketing our JOBZ acreage possibly using a proposal format which would allow a specific time period during which applications could be submitted so the City could consider a number of proposals at one time rather than first come first served. Staff will gather more information and provide draft documentation for consideration by the EDC and Council. ETHICS The St. Cloud Area Economic Development Partnership Code of Ethics was circulated. Mayor 40 Pogatshnik suggested the City might want to consider adopting its own ethics policy for the EDC

92 since they also deal with similar issues. Councilmember O' Driscoll agreed with the concept of such a policy that would also protect EDC members from conflicts. Some of those present suggested there may be an existing policy and staff will research that and provide information for future consideration by the EDC and Council. ADJOURN Mayor Pogatshnik adjourned the meeting at 6: 35 PM. Minutes By: Mary Deg' vanni Finance Director 1.J

93 0 MINUTES OF APRIL SARTELL CITY COUNCIL MEETING EIGHTH MEETING Pursuant to due call and notice thereof, the eighth meeting of 2004 was held on April 26, 2004 in the council chambers of the Sartell City Hall. Mayor Pogatshnik called the meeting to order at 7: 04 p.m. COUNCIL PRESENT: COUNCIL ABSENT: PRESENT: Mayor Pogatshnik, Council members: Blease, Lewandowski, Omdorff, O' Driscoll, None Patti Gartland, City Administrator Judy Molitor, Administrative Secretary Brad Borders, Public Works Director Jim Hughes, Interim Chief of Police Keith Yapp, City Engineer Anita Rasmussen, Planning & Community Development Director PLEDGE OF ALLEGIANCE AGENDA REVIEW AND ADOPTION A MOTION WAS MADE BY BLEASE AND SECONDED BY ORNDORFF APPROVING THE REVISED AGENDA. AYE: POGATSHNIK, BLEASE LEWANDOWSKI, O' DRISCOLL, ORNDORFF APPROVAL OF CITY COUNCIL MINUTES A MOTION WAS MADE BY LEWANDOWSKI AND SECONDED BY O' DRISCOLL APPROVING THE MINUTES AS PRESENTED OF THE APRIL 12, 2004 REGULAR MEETING. AYE: POGATSHNIK, BLEASE LEWANDOWSKI, O' DRISCOLL ABSTAIN: ORNDORFF CONSENT AGENDA a. Resolution accepting petition for annexation of Moran property (32300 County Road 1, Riverwood Estates) b. Resolution approving petition for annexation of Leonard and Laverne Kruchten property (40 acres north of Dehler Drive) c. Approval to purchase budgeted wading pool chlorinating system for $1800 d. Approval of professional service contract for creation of a safety training manual as required by OSHA for city operations. e. Resolution setting a public hearing for May 10, 2004, for a drainage and utility vacation request for Celebration of Sartell 4 f. Approval of certificate of correction for Pine Lakes Plat 1 g. Resolution accepting petition and authorizing preparation of feasibility report for Huntington Ridge Plat 5 h. Resolution amending the Municipal State Aid Designation for the City of Sartell i. Resolution approving a premises permit application for Optimist Club of St. Cloud at Benton Drive Mini Sery

94 0 April 26, 2004 j. Resolution approving a premises permit application for Sartell Youth Hockey at Blue line Bar and Grill k. Resolution approving plans and specifications for Madison Crossing and setting bid opening for 2 p.m. on May 19, Resolution approving plans and specifications for Avalon 4 and Fox Run 2 and setting bid opening for 10 a.m. on May 21, 2004 m. Resolution approving preliminary engineering report and setting a public hearing for May 10, 2004, for 2 d Street South and County Road 133 improvement project. n. Approval to purchase trees as budgeted using Beautification Funds o. Approval of low quote for soil borings for Stonebrook Estates Plat 2 A MOTION WAS MADE BY ORNDORFF APPROVING CONSENT AGENDA ITEMS A THROUGH O AS PRESENTED. THE MOTION WAS SECONDED BY BLEASE. AYE: POGATSHNIK, BLEASE LEWANDOWSKI, O' DRISCOLL, ORNDORFF A. Variance requests from Jerry Grant 627 9th Street North to exceed the maximum height and reduce the side yard setback for an accessory garage. Mayor Pogatshnik opened the public hearing at 7: 13 p.m. and explained how the following hearings would be conducted. Planning and Community Development Director, Anita Rasmussen presented the request on behalf of the applicant, Jerry Grant for a variance to the maximum height requirement for an accessory garage. He would like a variance of 4 feet as measured from the grade to the highest point on the proposed 2 stall detached garage. The request for the variance is being made because the applicant is proposing to construct a double garage which as a height of 19 feet when measured from the grade to that of the highest point of the roof near his existing house. The maximum height for an accessory garage is 15 feet. The primary reason for the request is to have the detached garage more in line architecturally to that of the principal home, primarily the 8/ 12 roof pitch. The property is zoned R -1 Single Family Residential and guided for single family residential according to the future land use map. The properties to the west and south are zoned R -1, Single Family Residential as well. The Joint Planning Commission recommended denying the request for a 4 -foot variance to the height requirement due to the fact that this garage would be placed in a residential district where the impact of such a variance may be substantial. The Commission did not feel the applicant exhausted all alternatives in potential roof pitches, therefore not providing a hardship in the strict application of the ordinance. Mayor Pogatshnik also asked Anita to explain the side yard variance request from the same applicant before action would be taken by the Council. Jerry Grant of 627 9`h Street North is requesting a variance to the minimum side yard setback for the construction of an accessory double garage. The property is zoned R -1 Single Family Residential, and guided for single family residential according to the future land use map. The properties to the west and south are zoned R -1 Single Family Residential as well. The request for the variance is being made because the applicant is proposing to construct a 624 square foot double garage near his existing home. The

95 0 April 26, 2004 minimum side yard setback for all structures is 10 feet. The proposed garage would be 5 feet from the property; therefore a 5 foot variance is necessary. The applicant listed the existing land restrictions as the hardship required for a variance. The future garage site is restricted due to an existing 4 -foot retaining wall containing existing landscaping and fencing. He also lists minimal impact to the surrounding property owners as a result of the construction of the garage. The Joint Planning Commission recommended denying the variance because the applicant had not exhausted all alternatives in the placement of the garage, therefore not providing a hardship in the strict application of the ordinance. The Commission suggested that the property owner maintain the existing 10- foot side yard setback by bringing in fill and reconfiguring the retaining wall area or by building a smaller garage. There were no comments from the public and at 7: 17 p.m. Mayor Pogatshnik closed the hearing. Mayor and Council members discussed the possibility of changing the roof design to be within the guidelines. The applicant prefers the higher roof design to allow for extra storage in the attic area. Aesthetically the Council agreed that the design of the roof is fitting for the style of the existing home and because the property backs up to a park most of the neighborhood will not be affected. The applicant is planning to match the exterior of the building with the home. Resolution adopting findines of fact supporting a variance allowine a 4 -foot variance in maximum height. A MOTION WAS MADE BY ORNDORFF ADOPTING RESOLUTION SUPPORTING A VARIANCE TO THE MAXIMUM HEIGHT FOR ACCESSORY GARAGES. THE MOTION WAS SECONDED BY LEWANDOWSKI. AYE: POGATSHNIK, BLEASE LEWANDOWSKI, O' DRISCOLL, ORNDORFF Resolution approvine the requested variance for maximum height A MOTION WAS MADE BY ORNDORFF ADOPTING RESOLUTION APPROVING A VARIANCE TO THE MAXIMUM HEIGHT REQUIREMENT FOR AN ACCESSORY GARAGE. THE MOTION WAS SECONDED BY LEWANDOWSKI. AYE: POGATSHNIK, BLEASE LEWANDOWSKI, O' DRISCOLL, ORNDORFF Resolution adopting findines of fact supporting a variance allowing a reduction in side yard setback of 5 feet A MOTION WAS MADE BY ORNDORFF AND SECONDED BY O' DRISCOLL APPROVING RESOLUTION ADOPTING FINDINGS OF FACT SUPPORTING A VARIANCE TO THE MINIMUM SIDE YARD SETBACK REQUIREMENTS. AYE: BLEASE, O' DRISCOLL, ORNDORFF NAY: POGATSHNIK, LEWANDOWSKI

96 April 26, 2004 Resolution approvine the requested variance for side yard setback A MOTION WAS MADE BY ORNDORFF ADOPTING RESOLUTION APPROVING THE VARIANCE FOR SIDE YARD SETBACK IN A RESIDENTIAL ZONE. THE MOTION WAS SECONDED BY O' DRISCOLL. AYE: BLEASE, O' DRISCOLL, ORNDORFF NAY: POGATSHNIK, LEWANDOWSKI Conditional use Permit amendment request to allow fences 15 from back of alley curb in Celebration of Sartell. 7: 40 p. m. Mayor Pogatshnik opened the public hearing. Anita Rasmussen presented the request for Marty Reker. Marty Reker has submitted a request for a conditional use permit amendment to revise the minimum distance a fence could be placed from an alley in the Celebration development. The City Council granted approval of the preliminary plat on January 8, 2001 as well as approval of the final plat on September 9, The proposed plat is 66.2 acres in size and consists of 148 single- family lots. The property has been rezoned from R -1 to R -5 Planned unit Development. This property is guided for single family residential according to the future land use plan. The original conditional use permit required that fences would not be allowed within the 20 -foot rear yard setback. The reasoning behind that requirement was to ensure adequate snow storage for the alleys. The alley is 14 feet and the total right -of -way is 20 feet. There is an additional 12 foot drainage and utility easement along both sides of the alleys. Therefore, the Public Works Director feels it is reasonable to allow for fences to be 15 feet from the alley curb line and still accommodate enough area for snow storage. In typical neighborhoods, which do not contain alleys, fences are allowed to go up to the property line and within the drainage and utility easement. The 20 -foot setback is still applicable to all accessory buildings, structures and vegetation. The following comments were heard, however comments do not reflect entire statements made: Steve Dockter, '' Avenue North asked if any type of landscaping would be allowed in the set -back, or playground equipment within the 15 feet from the property line? Anita said it would not be allowed. 7: 45 p.m. Mayor Pogatshnik closed the hearing. Resolution adopting findings of fact supporting the Conditional Use Permit amendment. A MOTION WAS MADE BY O' DRISCOLL APPROVING RESOLUTION ADOPTING FINDINGS OF FACT RELATING TO A REQUEST FOR A CONDITIONAL USE PERMIT AMENDMENT IN THE CELEBRATION RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. THE MOTION WAS SECONDED BY LEWANDOWSKI. AYE: POGATSHNIK, BLEASE LEWANDOWSKI, O' DRISCOLL, ORNDORFF

97 0 April 26, 2004 Resolution approving the amended Conditional Use Permit A MOTION WAS MADE BY O' DRISCOLL AND SECONDED BY LEWANDOWSKI APPROVING RESOLUTION ADOPTING A CONDITIONAL USE PERMIT AMENDMENT RELATING TO A REQUEST FOR A CONDITIONAL USE PERMIT AMENDMENT IN THE CELEBRATION RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT AYE: POGATSHNIK, BLEASE LEWANDOWSKI, O' DRISCOLL, ORNDORFF Imposition of penalties for violations of the City' s liquor control ordinance provisions The liquor license holder, River Boat Depot, has entered into a stipulation agreement that was prepared by our City Attorney. The license holder has agreed to pay the $ 500 fine within 30 days and has waived his right to a public hearing. A MOTION WAS MADE BY ORNDORFF APPROVING THE STIPULATION OF FACTS REGARDING A VIOLATION OF THE CITY OF SARTELL' S INTOXICATING LIQUOR ORDINANCE. THE MOTION WAS SECONDED BY O' DRISCOLL. AYE: POGATSHNIK, BLEASE LEWANDOWSKI, O' DRISCOLL, ORNDORFF OLD BUSINESS Zoning Ordinance amendment Title 10 Chapter 3 properties establishment of zoning for newly annexed Anita Rasmussen explained the request to amend the City' s zoning ordinance. At the time of annexation, properties that are 5 acres or less will default to R -1 and those more than 5 acres will default to Agriculture. If zoning other than the default zoning is desired at the time of annexation, a request to establish an alternative zoning designation would be processed concurrent with the annexation petition and approval process. Criteria for considering an alternative zoning designation is indicated to assure that the requested zoning can be supported by adequate public infrastructure and is consistent with the objectives of the Comprehensive Plan. The annexation petition application has been amended to have " requested zoning" identified in the petition. Ordinance approving the amendment A MOTION WAS MADE BY LEWANDOWSKI APPROVING ORDINANCE AMENDING CHAPTER 3, TITLE 10 OF THE ZONING ORDINANCE ZONING DISTRICTS MAP. THE MOTION WAS SECONDED BY ORNDORFF. AYE: POGATSHNIK, BLEASE LEWANDOWSKI, O' DRISCOLL, ORNDORFF Resolution and agreement approving the revised designation of County State Aid Highway No. 133 tabled from April 12, 2004)

98 0 April 26, 2004 Patti updated the Council on the meeting with the County Commissioner and the County Engineer and explained the recommendation on the revised designation and agreement terms for CR 133. Gartland recommended approval of the agreement provided the County Board approves the completion timeframe of 25 years and sharing a penalty cost of $ 20,000 per year. A MOTION WAS MADE BY O' DRISCOLL ADOPTING RESOLUTION ADOPTING A REVISED DESIGNATION OF COUNTY STATE AID HIGHWAY NUMBER 133. THE MOTION WAS SECONDED BY ORNDORFF. AYE: POGATSHNIK, BLEASE LEWANDOWSKI, O' DRISCOLL, ORNDORFF NEW BUSINESS a. Final plat and development agreement for Avalon Village 4 Anita presented the final plat of Avalon Village 4 on behalf of Croat Land Company which is consistent with the preliminary plat. The fmal plat for Avalon Village 4 consists of 28 single family lots. All of the lots meet the City' s standards for a typical R -1 single - family residential neighborhood. All of the roads proposed would be local streets with a right -of -way width of 66 feet. Staff is recommending approval. Resolution approving final plat and development agreement A MOTION WAS MADE BY LEWANDOWSKI AND SECONDED BY BLEASE ADOPTING RESOLUTION APPROVING THE FINAL PLAT AND DEVELOPMENT AGREEMENT FOR AVALON VILLAGE 4. AYE: POGATSHNIK, BLEASE LEWANDOWSKI, O' DRISCOLL, ORNDORFF b.final plat and development agreement for Fox Run of Avalon Village 2 Anita briefed the Council on the Final Plat of Fox Run of Avalon Village 2. The plat consists of 22 single family lots with 3 of the lots designated for Life Cycle Housing. The Park Commission approved the proposed parkland dedication with a payment in lieu of $28, 000. This final plat is consistent with the approved preliminary plat. Staff is recommending approval. Resolution approving final plat and development agreement A MOTION WAS MADE BY BLEASE ADOPTING RESOLUTION APPROVING THE FINAL PLAT AND FINAL DEVELOPMENT AGREEMENT OF FOX RUN OF AVALON VILLAGE 2. THE MOTION WAS SECONDED BY LEWANDOWSKI. AYE: POGATSHNIK, BLEASE LEWANDOWSKI, O' DRISCOLL, ORNDORFF

99 0 April 26, 2004 c. Final plat and development agreement for Stone Brook 2 Anita presented the final plat and development agreement for Stone Brook 2. The plat size is acres and is located east of 19'' Avenue and south of 2 '/ z Street and consists of 32 single family lots. This final plat is consistent with the approved preliminary plat. Resolution approving final plat and development agreement A MOTION WAS MADE BY ORNDORFF ADOPTING RESOLUTION APPROVING THE FINAL PLAT AND DEVELOPMENT AGREEMENT OF STONE BROOK 2. THE MOTION WAS SECONDED BY LEWANDOWSKI. AYE: POGATSHNIK, BLEASE LEWANDOWSKI, O' DRISCOLL, ORNDORFF Resolution accepting petition and authorizine preparation of feasibility report for Stone Brook 2 A MOTION WAS MADE BY ORNDORFF ADOPTING RESOLUTION AUTHORIZING THE FEASIBILITY STUDY ON CAPITAL IMPROVEMENT PETITION NO STONEBROOK ESTATES PLAT 2. THE MOTION WAS SECONDED BY BLEASE. AYE: POGATSHNIK, BLEASE LEWANDOWSKI, O' DRISCOLL, ORNDORFF d. Final plat and development agreement for Riverview Plat 2 Anita presented the final plat on behalf of Connie Ziegler. The platting would essentially take an unplatted lot and a platted lot and split the property into two ( 2) buildable lots. The property is located just north of Heritage Drive along County Road 1. A payment in -lieu shall be collected for park dedication prior to the recording of the plat in the amount of $ The following recommendations were made by staff and the Joint Planning Commission 1. All requests /concerns by the Engineering department are resolved. a. There are no service stubbed to the right of way of the lots. Servicing the site would require connecting into the water main and directional boring into a sanitary sewer manhole to the east. 2. Verify the existing utility line easement 3. That the utility work for the newly created lot occur prior or during the commencement of the County Road 1 improvement project. 4. A payment in lieu of parkland dedication ($ ) be submitted to the City prior to the recording of the final plat. Resolution approvine final plat and development agreement A MOTION WAS MADE BY ORNDORFF AND SECONDED BY BLEASE ADOPTING RESOLUTION APPROVING THE FINAL PLAT AND DEVELOPMENT AGREEMENT OF RIVERVIEW PLAT 2. AYE: POGATSHNIK, BLEASE LEWANDOWSKI, O' DRISCOLL, ORNDORFF

100 0 April 26, 2004 L Liquor license application for the former Hero' s Family Restaurant site Patti presented the application for the former Hero' s and reported that the Police Department has completed a background check, with a favorable outcome for the on -sale and special Sunday liquor license application. Council approval was recommended. A MOTION WAS MADE BY ORNDORFF AND SECONDED BY O' DRISCOLL APPROVING THE LIQUOR LICENSE APPLICATION FOR G- ALLEN' S RESTAURANT AND SPORTS BAR. AYE: POGATSHNIK, BLEASE LEWANDOWSKI, O' DRISCOLL, ORNDORFF DEPARTMENT REPORTS Jim Hughes presented his memorandum and highlighted areas of interest for the Council. Officer Lane has been conducting tobacco and liquor compliance checks. There have been some failures and Jim will be presenting the results at the May I Oh council meeting. PUBLIC WORKS Brad reported on some improvements the Little League Baseball Association had asked to do in Val Smith Park, however due to the park being rented out most of the summer, this project may be put off until next year. CITY ENGINEER Keith Yapp presented the bi- monthly memorandum as well as the bids received for Stone Path Village Improvements project. A MOTION WAS MADE BY LEWANDOWSKI ADOPTING RESOLUTION AWARDING THE BID FOR STONE PATH VILLAGE PROJECT # TO LATOUR CONSTRUCTION IN THE AMOUNT OF $457, THE MOTION WAS SECONDED BY BLEASE. AYE: POGATSHNIK, BLEASE LEWANDOWSKI, O' DRISCOLL, ORNDORFF Keith Yapp explained the fence quotes received to surround the generator at lift station # 1 as well as locks for the generator trailer wheels. The lowest fence quote received was from Wollak Hardware for $4, and quotes for the wheel locks is approximately $70 + shipping and handling. A MOTION WAS MADE BY ORNDORFF APPROVING THE FENCE QUOTE FROM WOLLAK HARDWARE FOR $4, AND SAFETY LOCKS FOR THE GENERATOR TRAILER WHEELS AT $70 PLUS SHIPPING AND HANDLING. THE MOTION WAS SECONDED BY LEWANDOWSKI. AYE: POGATSHNIK, BLEASE LEWANDOWSKI, O' DRISCOLL, ORNDORFF

101 April 26, 2004 A draft copy of the Resident Survey for 15' h Street North and Riverside Avenue North Improvements was provided to the Council for any change suggestions. These surveys will be supplied to all the affected property owners for feedback. Planning & Community Development Director Anita presented her planning report and highlighted the activities. City Administrator Consideration of Personnel Committee recommendations for iob description amendments for Police Chief position. Patti explained the proposed changes to the Police Chief' s job description including budget administration responsibility for the Fire Department. It is anticipated that the operating cost efficiencies may be enhanced as a result of the stronger coordination in purchasing and revenue generating activities between the two emergency services departments. Approval is recommended. A MOTION WAS MADE BY BLEASE AND SECONDED BY ORNDORFF APPROVING THE AMENDED JOB DESCRIPTION AS PRESENTED. AYE: POGATSHNIK, BLEASE LEWANDOWSKI, O' DRISCOLL, ORNDORFF Consideration of Personnel Committee recommendation for appointment of Police Chief On behalf of the Personnel Committee, Patti explained the recommendation for the appointment of Jim Hughes to the position of Police Chief effective Monday, May 3, A " conditional offer of employment appointment" outlining the terms and conditions for the appointment was presented for the Council' s approval consideration. A MOTION WAS MADE BY ORNDORFF AND SECONDED BY O' DRISCOLL APPROVING THE APPOINTMENT OF JIM HUGHES TO THE POSITION OF POLICE CHIEF EFFECTIVE MAY 3, AYE: POGATSHNIK, BLEASE LEWANDOWSKI, O' DRISCOLL, ORNDORFF Mayor and Council members extended warm congratulations and welcomed Jim as the new Chief of Police. Patti explained that with the Council' s approval, the Personnel Committee will be working with Jim to determine the appropriate process for filling the position of Lieutenant. CITY COUNCIL UPDATE MISCELLANEOUS BUSINESS Patti presented a request to appoint an alternate to the St. Cloud Area Joint Planning Board. Paul Omdorff volunteered.

102 0 April 26, 2004 A MOTION WAS MADE BY BLEASE AND SECONDED BY O' DRISCOLL ADOPTING RESOLUTION AMENDING THE RESOLUTION MAKING APPOINTMENTS FOR 2004, WITH THE APPOINTMENT OF PAUL ORNDORFF AS THE ALTERNATE TO THE ST. CLOUD AREA JOINT PLANNING DISTRICT BOARD. AYE: POGATSHNIK, BLEASE LEWANDOWSKI, O' DRISCOLL, ORNDORFF Council member Blease discussed the possibility of including a Realtor on the Board of Equalization. PAY ALL VOUCHERS A MOTION WAS MADE BY LEWANDOWSKI AND SECONDED BY ORNDORFF APPROVING THE PAYMENT OF ALL VOUCHERS. AYE: POGATSHNIK, BLEASE LEWANDOWSKI, O' DRISCOLL, ORNDORFF ADJOURN A MOTION WAS MADE BY BLEASE AND SECONDED BY O' DRISCOLL TO ADJOURN THE MEETING AT 8: 53 P.M. AYE: POGATSHNIK, BLEASE LEWANDOWSKI, O' DRISCOLL, ORNDORFF Minutes By: Judy Molitor Administrative Secretary 10

103 JOINT MEETING OF THE SARTELL CITY COUNCIL AND SARTELL ECONOMIC DEVELOPMENT COMMISSION MINUTES OF MAY 4, 2004 SPECIAL WORKSHOP Pursuant to due call and notice thereof, a special workshop session was held on May 4, 2004 in the council chambers of the Sartell City Hall. Lisa Maurer called the meeting to order at 7: 00 am. COUNCIL PRESENT: COUNCIL ABSENT: EDC PRESENT: EDC ABSENT: OTHERS PRESENT: Mayor Pogatshnik, Council member: O' Driscoll, Council members: Blease, Lewandowski and Orndorff Maurer, Lynch, Caprio, Feneis, Illies Muellenbach, Markman and Minor Patti Gartland, City Administrator Anita Rasmussen, Planning & Community Development Director Mary Degiovanni, Finance Director Brian Davies, City Engineer AGENDA REVIEW AND ADOPTION A motion was made by Feneis and seconded by Maurer to adopt the agenda as presented. The motion carried unanimously. JOBZ DISCUSSION The Planning Director gave an overview of the JOBZ parcels currently within the City. The Finance Director explained the marketing efforts of DEED and Region 5. O' Driscoll questioned the breakdown of administrative fees collected by Region 5 from businesses, which will receive the JOBZ benefits. Caprio described what Meyer Associates has encumbered through their application for JOBZ benefits with the City of Little Falls. Marketing Caprio suggested looking outside the state or in areas ( metro), with JOBZ benefits. The Finance Director commented that DEED would be marketing the JOBZ program at trade shows. which are not near communities The Finance Director asked the group what the focus of the marketing efforts should be? The City Administrator suggested marketing towards health services, manufacturing, printing and publishing and those areas identified through a survey completed by Venture Allies. Illies Sr. commented that the capital investment portion of the JOBZ requirement should drive the bus.

104 Municipal Subsidy Policy The Finance Director went over the current wage issue addressed in the municipal subsidy. The current draft contained what the livable wage should be based on regional demographics ( the number did not include benefits). Caprio commented that when you go with just wages, you eliminate the entry -level positions, where for most businesses, is where growth occurs. He suggested that the requirement include an average wage of new jobs, which includes benefits. O' Driscoll gave some background to the Partnership' s role in the Bio- Science Initiative to the group. Staff will gather more information and provide draft documentation for consideration by the Council. The EDC will take on the responsibility of assisting staff in marketing efforts of the JOBZ parcels. ADJOURN Mayor Pogatshnik adjourned the meeting at 8: 35 am. Mi es By: A to Rasmussen Planning and Community Development Director

105 0 SARTELL ( STEARNS COUNTY) BOARD OF EQUALIZATION MEETING MINUTES OF MAY ANNUAL MEETING Pursuant to due call and notice thereof, the annual City of Sartell Board of Equalization for Stearns County was held on May 5, 2004 in the Sartell City Hall Council Chambers. Mayor Robert Pogatshnik called the meeting to order at 7: 00 p.m. MEMBERS PRESENT: MEMBERS ABSENT: ALSO PRESENT: Mayor Pogatshnik, Mary Lewandowski, and Tim O' Driscoll Jeff Blease and Paul Omdorff Mary Degiovanni, Finance Director Ron Euteneuer, Sartell City Assessor Steve Behrenbrinker, Stearns County Assessor Margie Kraemer, Stearns County Assessor Bob Lindvall, Stearns County Assessor AGENDA REVIEW AND ADOPTION A MOTION WAS MADE BY O' DRISCOLL, SECONDED BY LEWANDOWSKI ADOPTING THE AGENDA AS PRESENTED. AYE: POGATSHNIK, LEWANDOWSKI, O' DRISCOLL BOARD OF REVIEW After welcome and introductions by Mayor Pogatshnik, City Assessor Ron Euteneuer summarized 2003 activity which had a beginning sales ratio of 92. 7% so general value increases were 5-6% or less. County Assessor Lindvall explained the assessment method is generally a market influenced cost approach and he also explained the process for Board of Review whereby those appealing their assessment can try to resolve it at this level or appeal to the County Board of Review if they are not satisfied with the final decision of this Board. A list of Board of Review appointments was identified. Ron Euteneuer called on each appointment individually and the property owner was given the opportunity to request a re- evaluation. The following is a list of property owners to address the Board and make a formal appeal for re- evaluation: Tuckner, Michael th St. N Mitzel, Steve 1912 Grizzly Lane Thompson, Don 147 Hi Vue Dr Neu, Marty 1585 Riverside Ave. N Faundeen, Bob 831 Village Ave Minor, Thomas 714 Riverside Ave. N Krim, Kurt th Ave. N Schnepf, George th Ave. N

106 Dan Hagstrom - Gold' s Gym 805 County Road 120 Toussi, Afshin th St. N. VanKovering, Bill Pierce, Shawn Maiers, John 512 Bechtold Dr. 617 Sartell St. W th St. N The City Assessor and County Assessors addressed questions of each property owner. A meeting of assessors and property owner was to be set up for review of the appeal. City Assessor and County Assessors would, at the continuation hearing, provide the Board of Equalization a recommendation of the appeal findings. The Board also recognized written appeals and directed the Assessors to contact the following property owners to make an appointment to review each case: Westra, George & Mary Lou Bielat, Alan & Janet Murphy, Michael & Madge Burggraff, David & Susan Pogatchnik, Ryan Eisenschenk, Keith &Brenda Sartell Golf Club Torborg Builders Blease, Jeff & Rochelle 706 P Ave. N th Street North th Ave. N ' Ave. N Lowell Circle N/A County 1909 Grizzly Lane Pine Cone Road NA NA 1609 Blackberry Circle A continuation hearing date was set for May 24, 2004 at 6: 30 p.m. to hear the Assessor' s recommendations. No new appeals would be heard at the continuation hearing. A MOTION WAS MADE BY LEWANDOWSKI, SECONDED BY O' DRISCOLL TO RECESS THE STEARNS COUNTY BOARD OF EQUALIZATION HEARING TO MAY 24, 2004 AT 6: 30 P.M. AYE: POGATSHNIK, LEWANDOWSKI, AND O' DRISCOLL ADJOURNMENT/RECESS Mayor Pogatshnik recessed the Board of Review at 8: 27 PM. Mary DegiovanjW Finance birector

107 0 MINUTES OF MAY 10, 2004 SARTELL CITY COUNCIL MEETING NINTH MEETING Pursuant to due call and notice thereof, the ninth meeting of 2004 was held on May 10, 2004 in the council chambers of the Sartell City Hall. Mayor Pogatshnik called the meeting to order at 7: 03 p.m. COUNCIL PRESENT: COUNCIL ABSENT: PRESENT: Mayor Pogatshnik, Council members: Blease, Lewandowski Orndorff, O' Driscoll, None Patti Gartland, City Administrator Judy Molitor, Administrative Secretary Brad Borders, Public Works Director Jim Hughes, Chief of Police Brian Davies, City Engineer Anita Rasmussen, Planning & Community Development Director PLEDGE OF ALLEGIANCE AGENDA REVIEW AND ADOPTION 40 A MOTION WAS MADE BY BLEASE AND SECONDED BY ORNDORFF APPROVING THE AGENDA AS REVISED. AYE: POGATSHNIK, LEWANDOWSKI, O' DRISCOLL, ORNDORFF SPECIAL PRESENTATION Darrell Stevens, Race Director for the Apple Duathlon updated the Council on the new shortened version of the race this year which will be held on June 5h. Stevens will work with the Police Department and Public Works Department for assistance. Darrell asked Mayor Pogatshnik if he would give a welcome speech on the day of the event. Mayor Pogatshnik extended special thanks to Darrell and the committee for all their hard work and planning which goes into this event. Pogatshnik said he receives many compliments every year on how participants enjoy the City of Sartell. APPROVAL OF CITY COUNCIL MINUTES A MOTION WAS MADE BY LEWANDOWSKI APPRPOVING THE MINUTES AS PRESENTED OF THE APRIL 26, 2004 REGULAR MEETING, THE APRIL 26, 2004 SPECIAL MEETING/ WORKSHIP WITH EDC AND THE APRIL 13, 2004 SARTELLBENTON COUNTY BOARD OF EQUALIZATION MEETING THE MOTION WAS SECONDED BY O' DRISCOLL. AYE: POGATSHNIK, LEWANDOWSKI, O' DRISCOLL, ORNDORFF is CONSENT AGENDA a. April Building Inspectors Report Acceptance b. April 13, 2004 Public Work Commission Notes Approval c. City Finance Director' s Report Acceptance d. Set public hearing for May 24, 2004, for revised preliminary plat request for Blackberry Ridge

108 0 May 10, 2004 e. Set public hearing for May 24, 2004, for preliminary plat request for Schaefer Pines f. Set public hearing for Maya 24, 2004, for preliminary plat request for Oak View Pond 2 g. Set public hearing for May 24, 2004, for conditional use permit request for Oak View Pond 2 h. Resolution authorizing the application to the DNR Remediation Fund Grant Program i. Resolution approving annexation of Moran property (32300 County Road 1, Riverwood Estates). j. Resolution accepting petition for annexation of Jerome & Esther Then property ( acres abutting CR 134 and Connecticut Avenue) k. Approval to purchase calibration device for Preliminary Breath Test equipment with DUI forfeiture funds 1. Approval to donate election tabulators to the City of Sauk Rapids m. Resolution accepting the plans & specifications for Well # 13 Reclamation Pond Project and setting bid letting date for June 10, 2004 n. preparation of plans & Resolution approving feasibility report & ordering improvements & specifications for Stonebrook Estates Plat 2 o. Resolution approving feasibility report & ordering improvements & specifications for Huntington Ridge Plat 5 p. Approval of Change Order # 1 for 0 Street NE project preparation of plans & r. Approval of budgeted consultant services contract for zoning and subdivision ordinance updates A MOTION WAS MADE BY O' DRISCOLL APPROVING CONSENT AGENDA ITEMS A THROUGH P AND ITEM R REMOVING Q FOR DISCUSSION UNDER THE CITY ADMINISTRATOR' S BUSINESS. THE MOTION WAS SECONDED BY ORNDORFF. AYE: POGATSHNIK, LEWANDOWSKI, O' DRISCOLL, ORNDORFF PUBLIC HEARINGS a. Request to vacate certain utility and drainage easements in Watab Plat 3 7: 18 P. M. Mayor Pogatshnik opened the hearing and explained how this public hearing, and the following hearings would be conducted. Planning & Community Development Director, Anita Rasmussen presented the request on behalf of Bob Coborn for the vacation of certain drainage and utility easements located within the Watab Springs Plat 3 development. This plat was part of a planned unit development plan which accommodated a four -foot side yard setback. However, the plat was approved with a drainage and utility easements of 5 feet. Therefore, vacation of 1 foot would be necessary to make both the side yard and drainage and utility easements consistent with the exception of the interior easement between Lots 2 and 3 of Block 3. The applicant has received all the required signatures from the utility companies. Staff is recommending approval. There were no comments from the public. Mayor Pogatshnik closed the hearing at 7:20 p.m. Resolution supporting the vacation A MOTION WAS MADE BY BLEASE AND SECONDED BY LEWANDOWSKI APPROVING RESOLUTION VACATING CERTAIN DRAINAGE AND UTILITY EASEMENTS FOR WATAB SPRINGS PLAT 3. AYE: POGATSHNIK, LEWANDOWSKI, O' DRISCOLL, ORNDORFF

109 May 10, 2004 b. Request to vacate certain utility and drainaee easements in Celebration of Sartell 4 7: 23 P.M. Mayor Pogatshnik opened the public hearing for the request to vacate utility and drainage easements in Celebration of Sartell 4. Anita Rasmussen explained the request on behalf of Reker Construction. This plat was part of a planned unit development plan which accommodated for alleys and for deviations in front and rear yard setbacks. The applicant is requesting the vacation of certain drainage and utility easements to accommodate a re- platting of this area which will contain larger lots. Staff recommends approval. There were no comments from the public and the hearing was closed by Mayor Pogatshnik at 7: 26 p.m. Council members discussed the location of the utility boxes, typically on or near the corner of the property, and with approval of this request the utility boxes could be positioned in the center of the front property line. The Developer, Marty Reker is aware of the possible inconvenient location of the boxes and if there is a need to relocate the utility boxes in the future, the cost would be borne by the developer and not the City of Sartell. Resolution adontin findings of fact sunuortina the vacation A MOTION WAS MADE BY ORNDORFF ADOPTING RESOLUTION APPROVING THE VACATION OF A DRAINAGE AND UTILITY EASEMENT FOR CELEBRATION OF SARTELL FOUR. THE MOTION WAS SECONDED BY LEWANDOWSKI. AYE: POGATSHNIK, LEWANDOWSKI, O' DRISCOLL, ORNDORFF c. Tax Increment Financine Request Silver Crest 7: 33 p.m. Mayor Pogatshnik opened a public hearing to consider Tax Increment Financing for the Silver Crest project. Stacie Kvilvang from Ehlers & Associates, Inc. presented the request for TIF in financial assistance from the City of Sartell in the form as Pay -As- You -Go tax increment over a fifteen year period, to assist in offsetting some of the high costs related to land acquisition, construction and affordable rent differentials as well as providing a tool to meet Life Cycle Housing goals. President of Silver Crest, Mike Gould spoke briefly about the privately owned senior housing development and amenities of the facility. Mr. Gould then introduced John Cushen, Corporate Director of Marketing. John Cushen discussed the commitment of Silver Crest to develop a senior community of excellence by establishing a continuum of care that promotes the physical and mental wellness of its residents, maintaining a staff dedicated to providing exceptional service and offering health care that enhances each person' s independence and dignity. The opportunity establishing a TIF district for housing would create, beyond providing the amount of assistance needed and warranted for SilverCrest project, the ability to utilize an amount of the increments generated for affordable housing project needs throughout the community. This is an opportunity for the City of Sartell to create a revenue source for assisting the community in meeting the Life Cycle Housing needs and obligations in our community.

110 May 10, : 50 p.m. Mayor Pogatshnik closed the hearing. There were no comments from the public. Council member Blease and Mayor Pogatshnik extended special thanks on behalf of the council for the complete packet information, very helpful information in establishing boundaries for the project. A MOTION WAS MADE BY BLEASE APPROVING RESOLUTION ADOPTING A MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 5 AND ESTABLISHING TAX INCREMENT FINANCING DISTRICT NO. 5-3 THEREIN AND ADOPTING A TAX INCREMENT FINANCING PLAN THEREFOR. THE MOTION WAS SECONDED BY LEWANDOWSKI. AYE: POGATSHNIK, LEWANDOWSKI, O' DRISCOLL, ORNDORFF d.capital Improvements for 2nd Street South/County Road 133 Approval is recommended to reschedule the public hearing for the public improvement project for 2 d Street South and County Road 133 due to a public notice error by the Newsleader. New hearing date is proposed for May 24, A MOTION WAS MADE BY BLEASE AND SECONDED BY ORNDORFF APPROVING RESOLUTION RESCHEDULING PUBLIC HEARING ON CAPITAL IMPROVEMENTS FOR 2ND STREET SOUTH /COUNTY ROAD 133. AYE: POGATSHNIK, LEWANDOWSKI, O' DRISCOLL, ORNDORFF NEW BUSINESS Final plat Celebration of Sartell 5 Anita presented the request for Reker Construction on a revised final plat for the residential development known as Celebration of Sartell Five. The area to be re- platted is located in the northwesterly portion of the Celebration development and would re -plat 14 lots into 11 larger single- family lots. The reasoning behind the revised final plat is due to the fact that the applicant is getting requests for larger lot sizes in this neighborhood. This revision would allow for that need to be met. Aside from a slight reduction in lots, the revised final plat is consistent with the approved preliminary plat. The Planning Commission and staff recommends approval on the following conditions: 1. The easements within the underlying plat, Celebration of Sartell Four will need to be vacated prior to approval of this final plat. A public hearing will be required for vacating the easements. 2. Lot 6, Block 6 of Celebration of Sartell Four be included as part of Celebration of Sartell Five. 3. Celebration Preliminary Plat had the wetlands delineated in a report dated November 16, WCA recommends review of wetland delineations if after three years the wetlands may have expanded. It appears that the wetlands have expanded in the southwest corner of the plat. Hence it will be required that the site be re- delineated and submitted to the City of Sartell for review and approval. A letter shall be submitted to the City by the applicant stating his intent to re- delineate those wetlands in question and that proper measures will be taken to comply with all applicable WCA rules and regulations.

111 May 10, Sanitary sewer and water main services have been constructed and stubbed out to the right of way along the west side of 21 s` Avenue North. The realignment of the lots may require reconstruction of the services. All expenses for revising the services will need to be paid for by the Developer. Resolution approving the final plat A MOTION WAS MADE BY ORNDORFF ADOPTING RESOLUTION APPROVING THE FINAL PLAT FOR CELEBRATION OF SARTELL FIVE. THE MOTION WAS SECONDED BY LEWANDOWSKI. AYE: POGATSHNIK, LEWANDOWSKI, O' DRISCOLL, ORNDORFF b. Site plan approval Great River Bowl Anita presented the site plan approval for Great River Bowl for Lyle Mathiason. The purpose of the request is to add a gameroom/ billards addition to the present facility. There is adequate water and sewer services available and access to the facility would be the same as existing access off of 2nd Street South. The addition is proposed to be consistent with the existing building materials with an appropriate height of 14 feet. Off - street parking and available parking spaces and surfaces have been addressed and are in compliance with City code. Staff is recommending approval. Approval of development permit. A MOTION WAS MADE BY O' DRISCOLL APPROVING THE SITE PLAN AND DEVELOPMENT PERMIT FOR GREAT RIVER BOWL. THE MOTION WAS SECONDED BY ORNDORFF. AYE: POGATSHNIK, LEWANDOWSKI, O' DRISCOLL, ORNDORFF c. Site plan approval Granite Pet Hospital Anita Rasmussen presented the request on behalf of Lexus Development to construct a pet clinic on the East side of Sartell on the corner of County Road 29 and I" Street NE. There is adequate water and sewer services available. The Police, Public Works and Building Departments did not have any comments. The Fire Department has requested a copy of the building plan information for fire suppression and detection systems prior to the issuance of a building permit. All other fire service features will also need to be approved by the Fire Department. Anita reviewed plans for landscaping, architectural standards, refuse enclosures, parking, lighting, signage and grading plan. The following recommendations were made by staff and the Joint Planning Commission: 1. Hydrology calculations must be submitted on the design of the storm sewer pipes. 2. Hydrology calculations for the pond design were submitted with the preliminary grading plan for Prairie Meadow Estates. Revisions have been made to the pond layout since that submittal. The hydrology calculations ( 100 -yr & 10 yr) for the pond will need to be submitted for approval that accounts for the revisions. 3. The pond outlet is not identified on the grading plan. The outlet will need to be shown. The pond may outlet into the catch basin provided on the 1" Street NE. The invert elevation of the catch basin is msl.

112 May 10, Sanitary sewer and water services will be stubbed out to the right of way line as part of the 1" Street Northeast project this year. The 8" sewer service will be at an elevation of at the right of way, not the elevation as shown on the plan. A 10" water main will be extended out to the right of way for service and will need to be looped thru the plat. Mayor Pogatshnik asked Anita for an update on how the businesses plan to handle advertising signage. Approval of Development permit for Granite Pet Hospital A MOTION WAS MADE BY LEWANDOWSKI AND SECONDED BY BLEASE APPROVING THE DEVELOPMENT PERMIT FOR GRANITE PET HOSPITAL PROVIDED THE RECOMMENDATIONS ARE MET. AYE: POGATSHNIK, LEWANDOWSKI, O' DRISCOLL, ORNDORFF Final plat and development agreement Creekview Preserve Anita Rasmussen outlined the final plat and development agreement for Backus Companies, located east of 19`h Avenue South ( 65`s Avenue South) and west of the Ferche 600 Development. The plat consists of 68 single family lots and one park as well as an outlot. The preliminary plat was approved with three parks, the remaining parkland dedication is a payment in lieu. Building permits will not be issued on lots 1-6, Block 2 until the landscaping and berm are installed. The Joint Planning Commission and staff recommended approval provided the engineering comments are met. A MOTION WAS MADE BY LEWANDOWSKI ADOPTING RESOLUTION APPROVING THE FINAL PLAT AND FINAL DEVELOPMENT AGREEMENT FOR CREEK VIEW PRESERVE PLAT 1. THE MOTION WAS SECONDED BY ORNDORFF. AYE: POGATSHNIK, LEWANDOWSKI, O' DRISCOLL, ORNDORFF e On -Sale & Sunday On -Sale Intoxicating Liguor License Blue Line Bar & Grill A MOTION WAS MADE BY ORNDORFF AND SECONDED BY LEWANDOWSKI APPROVING THE ON -SALE AND SUNDAY ON -SALE INTOXICATING LIQUOR LICENSE FOR THE BLUE LINE BAR & GRILL SUBJECT TO RECEIPT OF CERTIFICATE OF INSURANCE. AYE: POGATSHNIK, LEWANDOWSKI, O' DRISCOLL, ORNDORFF OLD BUSINESS a. Sian Committee Presentation Chairman of the Sign Committee Rand Schaper updated the Council on the recommended changes to the sign regulations which have evolved out of the committee' s work over the past year. A draft of the issuggested changes will be presented to the Council at a later date.

113 May 10, 2004 On behalf of the Council and City, Mayor Pogatshnik extended thanks to Mr. Schaper and the committee for their dedicated service. DEPARTMENT REPORTS Police Department Monthly Activity Report Police Chief Jim Hughes presented the police department activity report. A MOTION WAS MADE BY ORNDORFF AND SECONDED BY BLEASE ACCEPTING THE POLICE DEPARTMENT REPORT. AYE: POGATSHNIK, LEWANDOWSKI, O' DRISCOLL, ORNDORFF Introduction. appointment approval and administration of police officers oath for five new Reserve Officers. Chief Hughes presented his recommendation to appoint three reserve officers. The following were recommended: Todd Ackerman, Eric Blumke and James Reiland. Council discussed the possibility of requesting a consent/waiver signed by James Reiland' s doctor due to a previous injury. 40 A MOTION WAS MADE BY LEWANDOWSKI AND SECONDED BY O' DRISCOLL APPROVING THE APPOINTMENTS OF THREE RESERVE OFFICERS AS RECOMMENDED BY THE POLICE CHIEF PROVIDED A WAIVER FORM IS SIGNED BY JAMES REILAND' S PHYSICIAN AUTHORIZING CONSENT. AYE: POGATSHNIK, LEWANDOWSKI, O' DRISCOLL, ORNDORFF Alcohol and Tobacco compliance checks Chief Hughes discussed the liquor compliance checks and recommended Council approve the first violation civil fine of $75 for Super America and River Boat Depot. Hughes discussed and recommended an appropriate fine for Blackberry Ridge, at $ , reflective of a second violation. At the time of this meeting Chief Hughes had not received a request for a public hearing from any violator. A MOTION WAS MADE BY ORNDORFF AND SECONDED BY BLEASE APPROVING THE NON - COMPLIANT ALCOHOL AND TOBACCO FINES AS RECOMMENDED BY CHIEF HUGHES. AYE: POGATSHNIK, LEWANDOWSKI, O' DRISCOLL, ORNDORFF Council member O' Driscoll wished all law enforcement personnel safety during the upcoming National Law Enforcement week. Public Works Monthly Activity Report

114 May 10, 2004 A MOTION WAS MADE BY LEWANDOWSKI AND SECONDED BY O' DRISCOLL ACCEPTING THE PUBLIC WORKS MONTHLY ACTIVITY REPORT. AYE: POGATSHNIK, LEWANDOWSKI, O' DRISCOLL, ORNDORFF Presentation and approval of conceptual development plan and funding plan for Celebration Park wading pool On behalf of Marty Reker, Marie Freed explained the conceptual plan for a splash park/pool area in the Celebration development. The concept presented represents a good public - private partnership to facilitate the development of a recreation amenity that will benefit a significant population of our community. Funds to construct the project will come from Reker' s parkland dedication fees. Moving forward this public improvement will create an ongoing annual operating cost for the city of approximately $ 15, 000. Given the growth in the community, the additional investment is recommended. Legal council will be solicited to review any corresponding documents. Anticipated opening in is A MOTION WAS MADE BY LEWANDOWSKI AUTHORIZING THE PARK COMMISSION TO REVIEW THE PLANS FOR THE DESIGN AND LAYOUT OF THE PARK/POOL IN CELEBRATION AND APPROVAL TO MOVE FORWARD WITH THE CONSTRUCTION DEVELOPMENT. THE MOTION WAS SECONDED BY BLEASE. AYE: POGATSHNIK, LEWANDOWSKI, O' DRISCOLL, ORNDORFF Approval to hire four (4) seasonal employees as provided for in 2004 budget (2 parks, 2 streets) A MOTION WAS MADE BY LEWANDOWSKI AND SECONDED BY BLEASE APPROVING THE HIRING OF FOUR SEASONAL EMPLOYEES. AYE: POGATSHNIK, LEWANDOWSKI, O' DRISCOLL, ORNDORFF Council members discussed the need to communicate park rules with the public to eliminate dogs running at large and broken glass bottles. Council member O' Driscoll suggested having police reserves monitor the park. The maintenance department was asked to empty garbage cans more often. City Engineer Memo Brian Davies presented the memorandum. Planning & Community Development Director Memo Anita presented her memorandum. City Administrator Professional Development

115 May 10, 2004 A MOTION WAS MADE BY BLEASE AND SECONDED BY ORNDORFF APPROVNG THE PROFESSIONAL DEVELOPMENT CLASSES AS RECOMMENDED. AYE: POGATSHNIK, LEWANDOWSKI, O' DRISCOLL, ORNDORFF Patti discussed the option for Sartell to participate on lobbying costs representing the cities of Sartell, Sauk Rapids, St. Augusta, St. Joseph and Waite Park on the statewide local option sales tax issue at the Minnesota Legislature. Currently there is a general statewide local sales tax provision in the Senate tax bill. A potential scenario is that the general local sales tax provision could stay in the tax bill and the specific project bills, like the St. Cloud area sales tax provision, could fall out of the bill. This would create a problem for many of the cities listed. Patti said this is a worthwhile investment and recommended retaining the services of CGMC to advocate for the five cities listed and share the cost for service. A MOTION WAS MADE BY LEWANDOWSKI AND SECONDED BY O' DRISCOLL APPROVING THE RECOMMENDATION OF THE CITY ADMINISTRATOR FOR SHARING COST WITH AREA CITIES FOR LOBBYING EFFORTS ON LOCAL OPTION SALES TAX. AYE: POGATSHNIK, LEWANDOWSKI, O' DRISCOLL, ORNDORFF Consent Agenda Isg. Resolution establishing precincts and polling places Council member Blease discussed procedure and how to notify residents of where the polling places will be located for specific areas. The City will use the Promo Pac and Newsleader as well as boulevard signage and the community signs. A MOTION WAS MADE BY LEWANDOWSKI AND SECONDED BY O' DRISCOLL APPROVING CONSENT AGENDA ITEM Q ( RESOLUTION ESTABLISHING PRECINCTS AND POLLING PLACES). AYE: POGATSHNIK, LEWANDOWSKI, O' DRISCOLL, ORNDORFF CITY COUNCIL UPDATE MISCELLANEOUS BUSINESS Council member O' Driscoll updated the Council on the meeting of the St. Cloud Area Economic Development Partnership. Council member Omdorff asked if someone from staff would check on the status of the lights at Little Dukes to be sure the parking lot lights are still within the property lines. PAY ALL VOUCHERS A MOTION WAS MADE BY ORNDORFF AND SECONDED BY LEWANDOWSKI APPROVING THE PAYMENT OF ALL VOUCHERS. AYE: POGATSHNIK, LEWANDOWSKI, O' DRISCOLL, ORNDORFF

116 0 May 10, 2004 ADJOURN A MOTION WAS MADE BY O' DRISCOLL AND SECONDED BY ORNDORFF ADJOURNING THE MEETING AT 10: 05 P.M. AYE: POGATSHNIK, LEWANDOWSKI, O' DRISCOLL, ORNDORFF Minutes By: J y Molit r Administrative Secretary gmayor4 1 - is 10

117 0 SARTELL ( STEARNS COUNTY) BOARD OF EQUALIZATION MEETING MINUTES OF MAY 24, 2004 ANNUAL MEETING - continuation Pursuant to due call and notice thereof, a continuation of the annual City of Sartell Board of Equalization for Stearns County meeting convened on May 5, 2004, was held on May 24, 2004 in the Sartell City Hall Council Chambers. Mayor Robert Pogatshnik called the meeting to order at 6: 30 p.m. MEMBERS PRESENT: MEMBERS ABSENT: ALSO PRESENT: Mayor Pogatshnik, Mary Lewandowski, and Paul Omdorff Jeff Blease and Tim O' Driscoll Patti Gartland, City Administrator Ron Euteneuer, Sartell City Assessor AGENDA REVIEW AND ADOPTION A MOTION WAS MADE BY ORNDORFF, SECONDED BY LEWANDOWSKI ADOPTING THE AGENDA AS PRESENTED. AYE: POGATSHNIK, LEWANDOWSKI, ORNDORFF APPROVAL OF MAY 5, 2004 MINUTES A MOTION WAS MADE BY LEWANDOWSKI, SECONDED BY POGATSHNIK APPROVING THE MAY 5, 2004 MINUTES AS PRESENTED. UPON VOTE BEING TAKEN FOLLOWING VOTED: AYE: POGATSHNIK, LEWANDOWSKI ABSTAINED: ORNDORFF BOARD OF REVIEW CONTINUATION Ron Euteneuer presented recommended adjustments to the 2004 proposed valuations for each of the property owners that presented an appeal for re- evaluation at the May 5, 2004 meeting Proposed 2004 Recommended Property Owner Parcel Number Valuation (5/ 5/ 04) Adjusted Valuation William Vankovering , , 000 Afshin Toussi, Valerie Battini , , 100 Klossco LLC, Gold' s Gym , 623, 900 3, 464,400 George & Valerie Schnepf , , 200 Kurt & Donna Krim , , 800 Thomas Minor , , 100 Robert & Agnes Faundeen , , 100 Martin & Deborah Neu , , 900 Steve & Debra Mitzel , , 500

118 Michael Tuckner $ 189, 300 $ 176, 900 George & Mary Lou Westra $ 136, 500 $ 133, 000 Alan & Janet Bielat $ 188, 600 $ 179, 400 Michael & Madge Murphy $ 425, 400 $ 392, 000 David & Susan Burggraff $ 223, 300 $ 205, 800 Shawn & Debbie Pierce $ 162, 700 $ 160, 700 John Maiers $ 577, 500 $ 543, 500 Ryan Pogatchnik No Appeal Donald Thompson $ 38, 300 $ 21, 300 Keith & Brenda Eisenschenk $ 249, 000 $ 233, 200 Sartell Golf Club $ 630, 000 $ 545, 800 Sartell Golf Club $ 113, 300 $ 101, 400 Torborg Builders $ 4, 089, 100 $ 3, 724, 900 Jeffrey & Rochelle Blease $ 697,700 $ 675, 800 Euteneuer indicated that Torborg Builders did not indicate what valuation they felt was appropriate for the property. He also indicated that Torborg Builders and Gold' s Gym indicated their intent to present to the County Board of Review data to substantiate a reduction to the proposed 2004 valuation. Therefore, he was recommending that the Board approve setting the 2004 valuation at the 2003 valuation amount. Because no new data had been presented to the City of Sartell Board of Review to refute the 2004 valuation amount that was originally proposed, Lewandowski suggested that the Board approve the 2004 valuation amount that was proposed. If new data is presented to the Stearns County Board of Review, the new data then can be considered and adjustments made if determined appropriate by the County Board of Review. A MOTION WAS MADE BY ORNDORFF, SECONDED BY LEWANDOWSKI TO APPROVE THE 2004 RECOMMENDED ADJUSTED VALUATION AS PRESENTED BY THE CITY ASSESSOR WITH THE EXCEPTION OF THE KLOSSCO LLC /GOLD' S GYM PARCEL AND TORBORG BUILDERS PARCEL WHICH ARE APPROVED FOR THE AMOUNTS ORIGINALLY PRESENTED BY THE CITY ASSESSOR ($3, 623,900 AND 4,089, 100, RESPECTIVELY). AYE: POGATSHNIK, LEWANDOWSKI, AND ORNDORFF ADJOURNMENT A MOTION WAS MADE BY ORNDORFF, SECONDED BY LEWANDOWSKI TO ADJOURN THE MEETING AT 6: 53 P.M. UNANIMOUSLY. Patti Gartland City Administrator MAYO

119 0 MINUTES OF MAY 24, 2004 SARTELL CITY COUNCIL MEETING TENTH MEETING Pursuant to due call and notice thereof, the tenth meeting of 2004 was held on May 24, 2004 in the council chambers of the Sartell City Hall. Mayor Pogatshnik called the meeting to order at 7: 00 p.m. COUNCIL PRESENT: COUNCIL ABSENT: OTHERS PRESENT: Mayor Pogatshnik, Council members: Lewandowski Orndorff, Blease, O' Driscoll Patti Gartland, City Administrator Judy Molitor, Administrative Secretary Brad Borders, Public Works Director Jim Hughes, Police Chief Brian Davies, City Engineer Anita Rasmussen, Planning & Community Development Director PLEDGE OF ALLEGIANCE AGENDA REVIEW & ADOPTION A MOTION WAS MADE LEWANDOWSKI AND SECONDED BY ORNDORFF APPROVING THE REVISED AGENDA. AYE: POGATSHNIK, LEWANDOWSKI, ORNDORFF SPECIAL PRESENTATIONS AND RECOGNITIONS SummerFest 2004 update by Dave Lindbloom Dave Lindbloom outlined the parade route starting at the Riverboat Depot and proceeding to 7s' Street ending at the Middle School parking lot. The Postal Service will host a parade entry to honor nationally known Sartell artist, Scott Storm and Wells Fargo bank will host the Wells Fargo stagecoach. Area bands also have entries. There will be entertainment and food at the Middle School and a free concert by Tonic Sol Fa. Dave Lindbloom has contacted the Police Department regarding road closings, the Newsleader will publish a parade route and a letter will be sent to affected property owners along Riverside Avenue and 7`" Street North prior to the parade. Mayor Pogatshnik extended special thanks to Dave Lindbloom and the committee for their hard work and dedication for the SummerFest event. Introduction and administration of the offices oath of office for six Police Reserve Officers Chief Jim Hughes introduced the reserve officers and administered the Oath of Office. The reserves are: Craig Stowell, Tim Held, Kari Madsen, Todd Ackerman, Eric Blunke and Jim Rieland. Mayor Pogatshnik thanked the reserves for their hours of volunteering and efforts to help keep the city safe. Centennial Celebration Planning Committee Report Ron Euteneuer Ron Euteneuer expressed interest in forming a committee to spear -head a centennial celebration for the City of Sartell in 2007.

120 May 24, 2004 A MOTION WAS MADE BY ORNDORFF RECOGNIZING RON EUTENEUER AS THE FIRST CHAIRPERSON FOR THE CENTENNIAL CELEBRATION PLANNING COMMITTEE FOR THE MOTION WAS SECONDED BY LEWANDOWSKI. AYE: POGATSHNIK, LEWANDOWSKI, ORNDORFF APPROVAL OF CITY COUNCIL MINUTES A MOTION WAS MADE BY LEWANDOWSKI AND SECONDED BY ORNDORFF APPROVING THE MINUTES OF THE MAY 10, 2004 REGULAR MEETING AND THE MAY 4, 2004 SPECIAL MEETING OF THE CITY COUNCIL AND ECONOMIC DEVELOPMENT COMMISSION. AYE: POGATSHNIK, LEWANDOWSKI, ORNDORFF ABSTAIN: ORNDORFF ABSTAINED FROM VOTING ON THE SPECIAL MEETING OF THE ECONOMIC DEVELOPMENT COMMISSION DUE TO HIS ABSENCE. CONSENT AGENDA a. Approval to purchase replacement printer /fax machine for the East Water Plant from budgeted Enterprise Fund/ Office Supplies b. Approval to purchase replacement fencing for Veterans Park using Park Dedication funds c. Acceptance of $1, 000 donation from the Central MN Community Foundation for the Police Department' s PAL program. d. Approval to purchase three ( 3) replacement laptop computer units for the Police Department using Drug Forfeiture funds. e. First reading and set a public hearing for June 14, 2004, on an amendment to the Code of Ordinances relating to Fireworks. f. First reading and set a public hearing for June 14,2004, on an amendment to the code of Ordinances relating to Police Reserves. g. Approval of Change Order # 1 for the Stone Path Village public improvement project h. Resolution accepting feasibility report and ordering improvements and the preparation of plans and specifications and resolution accepting plans and specifications for Pine Cone Road North road improvement project and setting bid letting date for June 14, i. Resolution approving annexation petition for acre Then property adjacent to County Road 120 and Connecticut Avenue. j. Set a public hearing for June 14, 2004, for a conditional use permit amendment request for Silvercrest Properties relating to a building height and landscaping requirements. k. Resolution approving a Wetland Conservation Act permit for Pine Lakes Plat 1 1. Acceptance of an annexation petition from Pat Malikowski for a acre parcel ( "Pat' s Cats) m. Set public hearing date for June 14, 2004, for proposed amendment to municipal subsidies policy for non -JOBZ subsidies and for adoption of criteria for JOBZ subsidies. A MOTION WAS MADE BY ORNDORFF AND SECONDED BY LEWANDOWSKI APPROVING CONSENT AGENDA ITEMS A -M AS PRESENTED. AYE: POGATSHNIK, LEWANDOWSKI, ORNDORFF

121 0 PUBLIC HEARINGS May 24, 2004 Revised preliminary plat for Blackberry Ridge Estates 7: 16 Mayor Pogatshnik opened the public hearing and explained the order in which the hearings would be conducted. Anita Rasmussen presented the request on behalf of Poganski Custom Homes for approval of the preliminary plat for Blackberry Ridge Estates Plat 3. The plat is approximately 1. 8 acres in size, located at the southerly end of the Blackberry Ridge development. The subject area is a replat of the southerly lots in Blackberry Ridge Estates Plat 2. One lot has been removed, making 7 larger lots. The lots range in size from 10,000 to over 13, 000 square feet. A vacation of the drainage and utility easements is not necessary due to the fact that Blackberry Ridge Estates Plat 2 did not dedicate any easements for those lots along the southerly tip of Blackberry Circle. Setbacks proposed for the single family homes are: 30 ft. front and rear and 10 ft side yard. Park dedication requirements have been satisfied. No additional public streets are proposed. The Joint Planning Commission and staff recommended approval based on the following conditions being met: 1. Sanitary sewer and water main services have been constructed and stubbed out to the right of way based on the eight lot configuration. Every effort will need to be made to use the existing services to service the new configuration, so that the street will not have to be disturbed. All expenses for revising the services will need to be paid by the Developer. 0 There were no comments from the public. Mayor Pogatshnik closed the hearing at 7: 21 p.m. Resolution approving the revised preliminary plat A MOTION WAS MADE BY ORNDORFF ADOPTING RESOLUTION APPROVING THE PRELIMINARY PLAT OF BLACKBERRY RIDGE ESTATES PLAT 3. THE MOTION WAS SECONDED BY LEWANDOWSKI. AYE: POGATSHNIK, LEWANDOWSKI, ORNDORFF Final nlatfor Blackberry Ridge Estates 3 7: 22 Mayor opened the public hearing to hear those present regarding the final plat for Blackberry Ridge Estates 3. Anita Rasmussen explained the request for the owner, Poganski Custom Homes. The final plat is consistent with the approved preliminary plat. Staff and the Joint Planning Commission recommends approval of the final plat based on the engineer' s comments being met. 7: 24 p.m. Mayor closed the hearing, there were no comments from the public. Resolution approving the final plat and final development agreement for Blackberry Estates A MOTION WAS MADE BY LEWANDOWSKI ADOPTING RESOLUTION APPROVING THE FINAL PLAT OF BLACKBERRY RIDGE ESTATES PLAT 3. THE MOTION WAS SECONDED BY ORNDORFF. AYE: POGATSHNIK, LEWANDOWSKI, ORNDORFF

122 LJ May 24, 2004 Preliminary plat for Schaefer Pines 7: 25 p.m. Mayor Pogatshnik opened the public hearing for the preliminary plat of Schaefer Pines. Anita Rasmussen presented the request on behalf of Schaefer Children family Trust for the acres ( 6 lots) located west of Pine Tree Pond 2, East of Pine Tree Pond 4 and South of Corrine Creek. All lots meet the minimum setbacks, lot size, street frontage and average lot width for a R -1, Single Family Development. Because of the nature of the development a payment in lieu of parkland dedication is recommended in the amount of $ Typically, public streets contain a right of way width of 66 feet which includes a paved area of 36 feet which allows parking on both sides of the street). This development is proposing the roadway to be feet in width per an agreement during the platting of Corrine Creek. The cul -de -sac has a radius of 60 feet which conforms to our subdivision ordinance. Staff along with the Joint Planning Commission recommend approval of the preliminary plat provided the following conditions are met. 1. Elevations are shown for the proposed building on each lot and it is unknown what the elevation represent. However the elevations proposed are at the same elevation or below the top of curb. Revision will be required to the proposed elevations so adequate drainage will occur between the proposed building and the road. Linda Brown, Surveying and Engineering Professional Services has sent a revised draining and elevation plan to the City Engineer. The following comments were heard. Comments do not reflect entire statements made: Scott Spanier, ' h Avenue North questioned the distance between the road and his property line. The City Engineer said the road is proposed to be 24 feet, curb to curb with a boulevard of approximately 13 feet. Scott asked what will happen if the sheetrock in his home cracks during construction of the road, who would be responsible for repairs? Will the value of his property go down? Scott is concerned where his kids will play after the road is constructed, and he will have a road in his front and back yard. Garen Comstock, `b Street North only has 13 feet of property on the side of his home and is concerned of difference of elevation. Scott Spanier, `h Avenue North asked where the utilities would be placed and if the trees will be removed. Jim Muellenbach, Avenue North is concerned about salvaging the trees and the high water table in the area especially for new home construction. Mike Tuckner, t' Street North, asked Anita to explain setback requirements. Mike asked why the Council would allow the developer to go from a 66 ft to a 49 ft. road? Tuckner also discussed issues with utility easements, set back requirements, possibility of flooding in area backyards with development. Mike said he could understand the City' s need to increase tax base, however he also felt the Council should consider the happiness of the neighborhood, and weigh out the difference. r L 4

123 0 May 24, 2004 Mayor Pogatshnik explained that the developer has a right to develop the property and according to the comprehensive plan, this property is guided for single family development. The City Council has a legal obligation to hear the request and vote on the issue. Mike Tuckner, th Street North said he was confused as to how this road fits into the area. Mayor Pogatshnik explained the need of the road is to navigate emergency vehicles and resident access into the lots. Tuckner questioned the construction timetable and enforcement of the City' s noise ordinance. Bob Koopmeines `h Avenue North asked if they will dig up his sprinkler system when they construct the road? Anita said that typically homeowners sprinkler systems are on private property which would not be disturbed. 8: 10 p.m. Mayor closed the public hearing. Council member Orndorff asked when Corrine Creek was platted? ( Platted in 1997) Omdorff has concerns with not platting a standard right -of -way and inconsistencies on the plat. Rick Schaefer explained why the 49 ft. right -of -way is enough for roadway and discussed the Council' s decision allowing the road in Council member Lewandowski reiterated the fact that this is the correct size of the road width which had been determined by the Council in Developer, Rick Schaefer plans to preserve as many trees as possible in order to keep wildlife. Scott Spanier, th Avenue North discussed inconsistencies on the plat and asked to have the plat corrected prior to approval of the preliminary plat. Mayor Pogatshnik explained that the public hearing has been closed and no more input would be taken. City Engineer, Sid Williamson explained the reason for the road width is to keep it a safe road with no parking on either side. Access to sanitary sewer will be from the west. Mayor and Council members discussed inconsistencies on the plat, regarding incorrect names on the plat, wrong location of lot lines, fence and trees. Council member Orndroff said he cannot support something that is not correct, it is a matter of principal. Suggested the plat be corrected and bring it back to the Council for approval. A MOTION WAS MADE BY LEWANDOWSKI APPROVING RESOLUTION APPROVING THE PRELIMINARY PLAT OF SCHAEFER PINES. THE MOTION WAS SECONDED BY POGATSHNIK. AYE: POGATSHNIK, LEWANDOWSKI NAY: ORNDORFF Preliminary plat for Oak View Pond 2 0 8: 40 p.m. Mayor Pogatshnik opened the public hearing to consider the preliminary plat of Oak View Pond Two.

124 May 24, 2004 Anita presented the request on behalf of the developer, Wollak Construction. The site area consists of acres located north of the Sauk Rapids City boundary and west of the Oak Pond neighborhood. The property has significant environmental features on the property. The City has a wetland ordinance, which dictates the distance a structure should be from the delineated edge of the wetland. The building setback from the delineated edge of the wetland shall be 30 feet. The site will also be subject to obtaining a NPDES Phase II permit from MPCA. Park dedication requirements are required as part of the platting process. It is anticipated that there will be a total of 24 residential units on this site, which requires a minimum of.63 acres or $21, 800 payment in lieu or a combination of the two. A combination of parkland dedication (7600 square feet) and payment in lieu is recommended. The Park Commission and staff has reviewed the park dedication proposed by the applicant and does not feel that this lot would meet the open space needs identified by the neighborhood during previous public hearings. During a recent Park Commission visit to the site, they identified 2 options for the applicant: 1. The dedication of lot 3, Block I up to the wetland delineation line. The remainder would be a payment in lieu. 2. The dedication of Lot 6, Block 1 up to the wetland delineation line. The remainder would be a payment in lieu. The Park Commission prefers choice # 1, however either option offers a pleasant area complete with swing benches etc which would overlook the beautiful wetland. The Joint Planning Commission and staff recommends approval on the following conditions being met. 1. All engineering comments are resolved. a. Construction of the pond' s berm along the easterly property line shows fill being placed within the wetland or a WCA permit will be required by the developer to place fill in the wetland. 2. Three units are committed for LCH and the developer has agreed to adhere to all LCH requirements. 3. The developer dedicates either option 1 or 2 ( as agreed to by the Park Commission) for parkland and the remainder of the dedication requirements could be accommodated through a payment in lieu. The following were comments from the hearing. Comments do not reflect entire statements made: Ed Ostendorf, 815 Oak Pond Drive, doesn' t feel the park is necessary and that it would only attract extra traffic in the area. Developer Ernie Wollak explained that he does not favor a park because it would be an added expense and he doesn' t feel enough people would use it. A list of residents opposing the park was presented. Mr. Wollak asked if the Council could vote on the approval of the preliminary plat separate from the requirements of the Park Commission. Ernie Huges, 909 Oak Pond Drive, believes the park would only encourage traffic from other multi housing areas of town and he would like to keep the area quiet and peaceful, the way it is now with the retired residents. 10 8: 53 p.m. Mayor Pogatshnik closed the hearing. 6

125 0 May 24, 2004 Mayor Pogatshnik asked Brad to explain how this location was picked for a park. Brad briefed the Council on the Park Commission' s suggestions. Since there is no park area in the immediate area, the commission felt this could be used by foot from the industrial area and possible future businesses as well as area residents. Ideas from the Park Commission included a gazebo, park benches, flowers and a walking path. Council member Omdorff said he was not comfortable where the park fits into the area. Suggested the City consider taking a payment in lieu rather than placing a park on this plat and add the payment received to fund other city parks. Council member Lewandowski was torn on a decision and why people wouldn' t want a park in the area with a gazebo, stating that for her it would be an amenity. Lewandowski asked what the developer proposed to the residents? Resolution approving the preliminary plat and development agreement for Oak View Pond 2 A MOTION WAS MADE BY ORNDORFF APPROVING THE PRELIMINARY PLAT FOR OAK VIEW POND 2 PROVIDED IT DOES NOT CONTAIN A PARK WITHIN THE BOUNDARY AND ACCEPT PAYMENT IN LIEU. THE MOTION WAS SECONDED BY LEWANDOWSKI. AYE: ORNDORFF NAY: POGATSHNIK, LEWANDOWSKI MOTION FAILED A MOTION WAS MADE BY LEWANDOWSKI ADOPTING RESOLUTION APPROVING THE PRELIMINARY PLAT AND PRELIMINARY DEVELOPMENT AGREEMENT OF OAK VIEW POND 2 INCLUDING THE DEDICATION OF LOT 3, BLOCK 1 UP TO THE WETLAND DELINEATION LINE WITH THE REMAINDER AS PAYMENT IN LIEU AS RECOMMENDED BY THE PARK COMMISSION, AND PROVIDED THE RECOMMENDATIONS BY STAFF AND JOINT PLANNING COMMISSION ARE MET. NO VOTE TAKEN) A MOTION WAS MADE BY ORNDORFF TO TABLE ACTION ON THE PRELIMINARY PLAT AND PRELIMINARY DEVELOPMENT AGREEMENT OF OAK VIEW POND 2. THE MOTION WAS SECONDED BY LEWANDOWSKI. AYE: POGATSHNI, LEWANDOWSKI, ORNDORFF Conditional Use Permit for Oak View Pond 2 A MOTION WAS MADE BY LEWANDOWSKI AND SECONDED BY ORNDORFF TO CONTINUE THE PUBLIC HEARING FOR THE CONDITIONAL USE PERMIT OF OAK VIEW POND 2. AYE: POGATSHNI, LEWANDOWSKI, ORNDORFF 7

126 0 May 24, 2004 Capital improvements for tad Street South/ County Road 133 9: 42 p.m. Mayor Pogatshuik opened a public hearing to consider capital improvements for 2 d Street South and County Road 133. Engineer, Brian Davies outlined the project. Resolution authorizing the City to enter into an easement agreement with Richard /Stuart Swenson for the purpose of obtaining a 50 foot wide easement for 2 d Street South and Pinecone Road South. A MOTION WAS MADE BY LEWANDOWSKI AND SECONDED BY ORNDORFF APPROVING RESOLUTION FOR THE CITY TO ENTER INTO AN EASEMENT AGREEMENT WITH RICHARD /STUART SWENSON TO OBTAIN A 50 FOOT WIDE EASEMENT FOR 2ND STREET SOUTH AND PINECONE ROAD SOUTH. AYE: POGATSHNI, LEWANDOWSKI, ORNDORFF Resolution authorizing the City to enter into an easement agreement with Marty Reker for the purpose of obtaining a 33 foot wide easement ( 12`h Avenue North). A MOTION WAS MADE BY ORNDORFF AND SECONDED BY LEWANDOWSKI ADOPTING RESOLUTION AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH MARTY REKER FOR THE PURPOSE OF OBTAINING A 33 FOOT WIDE EASEMENT ( 12TH AVENUE SOUTH) AYE: POGATSHNI, LEWANDOWSKI, ORNDORFF Resolution ordering improvements and preparation of plans and specifications for the 2nd Street South/ County Road 133 improvements. A MOTION WAS MADE BY ORNDORFF AND SECONDED BY LEWANDOWSKI ADOPTING RESOLUTION APPROVING THE ORDERING OF IMPROVMEENTS AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE 2ND STREET SOUTH AND COUNTY ROAD 133 IMPROVEMENTS INCLUDING RIGHT TURN LANES. AYE: POGATSHNI, LEWANDOWSKI, ORNDORFF Resolution approving a Wetland Conservation Act permit for 2 d Street South/County Road 133 A MOTION WAS MADE BY ORNDORFF AND SECONDED BY LEWANDOWSKI ADOPTING RESOLUTION APPROVING A WETLAND CONSERVATION ACT PERMIT FOR 2ND STREET SOUTH AND COUNTY ROAD 133. AYE: POGATSHNI, LEWANDOWSKI, ORNDORFF

127 May 24, 2004 DEPARTMENT REPORTS Chief Jim Hughes presented his police report and discussed the starting of PAL on June 8h. PUBLIC WORKS Brad presented a request for approval to hire six seasonal wading pool supervisors for the 2004 season. Approval of six is recommended to cover scheduling conflicts. Salaries are proposed at $ to $ A MOTION WAS MADE BY LEWANDOWSKI AND SECONDED BY ORNDORFF APPROVING THE HIRING OF THE SIX WADING POOL SEASONAL SUPERVISORS AS RECOMMENDED. AYE: POGATSHNI, LEWANDOWSKI, ORNDORFF CITY ENGINEER Brian Davies presented their bi- monthly memorandum. Resolution awarding bid for the Fox Run of Avalon Village 2 & Avalon Village 4 A MOTION WAS MADE BY LEWANDOWSKI AND SECONDED BY ORNDORFF ADOPTING RESOLUTION AWARDING THE BID OF FOX RUN OF AVALON VILLAGE 2 & AVALON VILLAGE 4 IMPROVEMENTS. AYE: POGATSHNI, LEWANDOWSKI, ORNDORFF Resolution awarding bid for Madison Crossing A MOTION WAS MADE BY ORNDORFF AND SECONDED BY LEWANDOWSKI ADOPTING RESOLUTION AWARDING THE BID FOR MADISON CROSSING IMPROVEMENTS. AYE: POGATSHNI, LEWANDOWSKI, ORNDORFF Planning & Community Development Director Director, Anita Rasmussen, presented her memorandum and updated the Council on the marketing for JOBZ. City Administrator Consideration of Personnel Committee recommendations forlob description amendments for Police Lieutenant position Consideration of Personnel Committee recommendation to initiate the application and selection process for Police Lieutenant. Patti removed the two items listed above and will bring them back at the June 14"' meeting.

128 May 24, 2004 Approval of land exchange agreement with Great River Bowl Partnership Patti requested approval of the land exchange agreement as provided for the Council. The terms are consistent with those previously approved by the Council when approval of the Public Services Campus Plan was given. A MOTION WAS MADE BY LEWANDOWSKI APPROVING THE LAND EXCHANGE AGREEMENT WITH GREAT RIVER BOWL INCLUDING LEGAL COUNCIL AS NEEDED FROM THE CITY ATTORNEY. THE MOTION WAS SECONDED BY ORNDORFF. AYE: POGATSHNI, LEWANDOWSKI, ORNDORFF CITY COUNCIL UPDATE MISCELLANEOUS BUSINESS Council member Omdorff will not be attending the EDC meeting on May 25, PAY ALL VOUCHERS A MOTION WAS MADE BY LEWANDOWSKI AND SECONDED BY ORNDORFF APPROVING THE PAYMENT OF ALL VOUCHERS. AYE: POGATSHNI, LEWANDOWSKI, ORNDORFF ADJOURN A MOTION WAS MADE BY LEWANDOWSKI AND SECONDED BY ORNDORFF TO ADJOURN THE MEETING AT 10: 20 P.M. AYE: POGATSHNI, LEWANDOWSKI, ORNDORFF Minutes By: Jud Molit Administrative Secretary C 10

129 0 MINUTES OF JUNE 14, 2004 SARTELL CITY COUNCIL MEETING ELEVENTH MEETING Pursuant to due call and notice thereof, the eleventh meeting of 2004 was held on June 14, 2004 in the council chambers of the Sartell City Hall. Mayor Pogatshnik called the meeting to order at 7: 00 p.m. COUNCIL PRESENT: COUNCIL ABSENT: PRESENT: Mayor Pogatshnik, Council members: Blease, Lewandowski, O' Driscoll, Orndorff, None Patti Gartland, City Administrator Judy Molitor, Administrative Secretary Brad Borders, Public Works Director Jim Hughes, Chief of Police Mike Nelson, City Engineer Anita Rasmussen, Planning & Community Development Director PLEDGE OF ALLEGIANCE AGENDA REVIEW & ADOPTION A MOTION WAS MADE BY BLEASE AND SECONDED BY ORNDORFFF APPROVING THE AGENDA AS REVISED. APPROVAL OF CITY COUNCIL MINUTES A MOTION WAS MADE BY LEWANDOWSKI APPROVING THE MINUTES OF THE MAY 24th REGULAR MEETING AND THE SARTELL /STEARNS COUNTY BOARD OF EQUALIZATON AS SPECIAL JOINT MEETING WITH LESAUK TOWN BOARD OF WELL AS THE MARCH 4" SUPERVISORS. THE MOTION WAS SECONDED BY ORNDORFF. ABSTAIN: O' DRISCOLL ABSTAINED FROM VOTING ON THE TWO MEETINGS ON MAY 24TH CONSENT AGENDA a. May Building Inspectors Report Acceptance b. May 11, 2004 Public Work Commission Notes Approval c. City Finance Director' s Report Acceptance d. Approval of letter of understanding with Sartell School District relating to use of Water Treatment Plant fill material e. First reading and set a public hearing for June 28, 2004, on an ordinance establishing a storm water utility and fee therefore f. Resolution setting a public hearing for June 28, 2004, on a request to establish CDZ zoning on property petitioned for annexation 91NH/ Then property) g. Resolution setting a public hearing for June 28, 2004, on a preliminary plat (replat) request for Autumn View (7`h Street and County Road 1) h. Approval of quote from Design Electric for OSHA compliance related improvements

130 June 14, 2004 i. Approval of Change Order # 1 for Creek Ridge project # j. Resolution approving annexation of a 27 -acre parcel abutting Pine Tree Ponds and Avalon Village Pat' s Cats site). k. Acceptance of donation of $477 from Ron Euteneuer to the City for a plat map hanger for City Hall 1. Approval of advertising expenditure plan for promotion of JOBZ program. m. Approval of Change Orders 2 and 3 to Stone Path Village project n. Acceptance of a donation of $250 from the Sauk Rapids VFW Post 6992 for the summer bike safety program o. Approval of Change Orders #2 and # 3 for 4th Avenue South project Public Services Campus Plan improvements p. Approval of Change Order # 1 for the 0 Street northeast project and acceptance of donations for crosswalk installation at 5`b Avenue and I' t Street NE q. Set a special meeting for 4: 30 p.m. on June 28, 2004, for the audit presentation and insurance policy discussions. r. Resolution setting a public hearing date for June 28, 2004, on a preliminary plat request for AIE 13-4H/Then property related to item 44) A MOTION WAS MADE LEWANDOWSKI AND SECONDED BY BLEASE APPROVING THE CONSENT AGENDA ITEMS A THROUGH C AND E THROUGH R AS PRESENTED, REMOVING ITEM D FOR DISCUSSION UNDER THE CITY ENGINEER. PUBLIC HEARINGS a. Amendment to Code of Ordinances relating to Fireworks 7: 05 p.m. Mayor Pogatshnik opened the public hearing to consider an amendment to the Code of Ordinances relating to Fireworks: City Administrator Patti Gartland briefed the Council on the changes made in state legislation which necessitates updating our Fireworks Ordinance to attain compliance with the new standards. Staff also recommended changing the fee for fireworks permits reflecting an estimated actual costs which is consistent with rates charged in the surrounding cities, $ 50 versus $ 100 for permits to sell consumer fireworks inside a building. There were no comments from the public. Mayor Pogatshnik closed the hearing at 7: 14 p.m. Ordinance amendina the Code of Ordinances Title 4 Fireworks, and Section 4 «10-4, Use and Possession Chapter 10, Section Sales and Storage of A MOTION WAS MADE BY ORNDORFF ADOPTING ORDINANCE AMENDING CHAPTER 10, TITLE 4 OF THE CITY CODE OF ORDINANCES REGARDING FIREWORKS REGULATIONS. THE MOTION WAS SECONDED BY BLEASE. r1

131 June 14, 2004 Resolution amending tht 2004 Fee Schedule for Fireworks Permits A MOTION WAS MADE BY ORNDORFF APPROVING RESOLUTION ADOPTING AN AMENDED FEE SCHEDULE TO INCLUDE CHANGES IN THE CHARGES FOR FIREWORKS INSIDE A BUILDING. THE MOTION WAS SECONDED BY LEWANDOWSKI. b. Amendment to Code of Ordinances relating to Police Reserves 7: 16 Mayor Pogatshnik opened the public hearing to consider an amendment to the Code off Ordinance relating to Police Reserves. Police Chief, Jim Hughes presented his recommendation of changes to the Ordinance relating to Police Reserves. The changes will enable the reserve unit to be a maximum of 16 versus the current limitation of 8. For practicality and consistency purposes, Jim also recommended that the Police Chief be authorized to call the entire reserve unit to duty rather than the Mayor. There were no comments from the public. The Mayor closed the hearing at 7: 19 p.m. Ordinance amending the Code of Ordinances. Title 5. Chapter 1, Section Police Reserve A MOTION WAS MADE BY BLEASE AND SECONDED BY ORNDORFF APPROVING ORDINANCE AMENDING THE CODE OF ORDINANCES, TITLE 5, CHAPTER 1, SECTION FOR POLICE RESERVES. c. Conditional use Permit amendment request for Silvercrest Properties relating to building hei t and landscape requirements. 7: 23 p.m. Mayor opened the hearing to consider a CUP request for Silvercrest Properties. SilverCrest Properties, LLC has submitted a request for a conditional use permit amendment to accommodate for a senior living building within their approved planned unit development. The overall property size is approximately acres. The portion of PUD which is being amended concerns the assisted living parcel, which encompasses approximately 8 acres. This phase will accommodate for a 240,000 square foot building with 159 units of assisted living units, independent living units and a wellness center. The reasoning behind the request for a conditional use permit amendment is to allow for a deviation in the typical landscaping requirements and to exceed the maximum height on a residential building. Landscaping requirement would be based on the overall square footage of the building. Based on that requirement, the minimum landscaping requirement would be 194 trees and 556 shrubs. The developer is proposing to plant slightly fewer trees ( 143) but the average height and sized proposed is much larger than typically planted. The same idea is what is proposed for the shrubs. The developer is proposing slightly fewer than what is required (488) but the species being planted are larger.

132 June 14, 2004 The maximum height for this type of complex would be 40 feet. The developer would like the CUP amended to allow for a height of up to 52 feet which is 12 feet taller than the maximum. The primary purpose is to allow the 7/ 12 roof pitch proposed on the building. The architect for SilverCrest Properties explained the design of the campus and the need for the height requirement as well as the request to deviate from the landscape requirements. 7: 35 p.m. Mayor closed the public hearing Council member Orndorff asked if the chimney is within the height ordinance, the architect for Silvercrest said the chimney was not included with the height measurement. Council member O' Driscoll asked if there was anything in the ordinance on landscaping standards regarding compensation for the reduction in number of trees and shrubbery if a larger size was substituted? Anita explained staff' s thoughts and said the request was certainly reasonable, given the layout of the landscaping plan. Resolution approving findings of fact approving (or denving) the conditional use permit amendment. A MOTION WAS MADE BY ORNDORFF APPROVING RESOLUTION ADOPTING FINDINGS OF FACT RELATING TO A REQUEST FOR A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW FOR DEVIATIONS IN CERTAIN REQUIREMENTS IN AN R -5 PLANNED UNIT DEVELOPMENT DISTRICT. THE MOTION WAS SECONDED BY BLEASE. Resolution approving (or, denying) the conditional use permit amendment A MOTION WAS MADE BY LEWANDOWSKI ADOPTING RESOLUTION APPROVING THE ISSUANCE OF A CONDITIONAL USE PERMIT AMENDMENT BASED ON FINDINGS OF FACT # AND DECLARING TERMS OF PERMIT TO ALLOW FOR DEVIATIONS IN AN R- 5 PLANNED UNIT DEVELOPMENT DISTRICT. THE MOTION WAS SECONDED BY ORNDORFF. Site plan and developmegt permit approval for SilverCrest Senior Care Facility Anita Rasmussen presented the request for site plan and development permit approval. The purpose of this request is to construct the second phase of their senior campus including 159 units. The site area is proposed to have two accesses from Dehler Drive. At the point in which the property directly north of the site plan plats the north/ south road will be required to align with the driveway proposed by SilverCrest. This is to eliminate the public safety issue associated with ingress /egress points, which are jogged. The total site area is acres and consists of one building with 159 units, 240,009 square feet. The future building expansion proposes the front setback to be 30 feet and the side yard setback to be 15 feet. The typical maximum height of all structures or buildings shall not exceed 36 feet. However, per a CUP amendment, the height of the building shall be 52 feet. The proposed building will meet that requirement. 4

133 June 14, 2004 The landscaping plan, per the Conditional Use Permit, would require a minimum of 143 trees and a minimum of 488 under story shrubs; The applicant is proposing 143 trees and 488 shrubs. Requirements have been met for off street - parking, lighting and signage. Staff and the Joint Planning Commission recommend approval of this site plan and development permit provided a 20' utility easement will be provided to loop the water main throughout the project. Council members discussed parking for additional buildings in the future, full cut off exterior lights, delivery truck turn- around at the rear of the building and location of fire hydrants on the site. A MOTION WAS MADE BY O' DRISCOLL AND SECONDED BY ORNDORFF APPROVING THE SITE PLAN AND DEVELOPMENT AGREEMENT FOR THE SILVERCREST SENIOR CARE FACILITY. d. Preliminaryplat for Oak View Pond 2 A MOTION WAS MADE BY ORNDORFF AND SECONDED BY LEWANDOWSKI TO MOVE THE DISCUSSION ON THE PRELIMINARY PLAT FOR OAK VIEW POND 2 FROM BEING TABLED TO DISCUSSION. UPON VOTE BEING WAKEN THE FOLLOWING VOTED: Anita Rasmussen, Planning & Community Development Director presented the request for preliminary plat approval on behalf of Wollak Construction. The site is approximately acres located north of the Sauk Rapids City boundary and west of the Oak Pond neighborhood. The property has significant environmental features on the property. The City has a wetland ordinance, which dictates the distance a structure should be from the delineated edge of the wetland. The building setback from the delineated edge of the wetland shall be 30 feet. The site will also be subject to obtaining a NPDES Phase II permit from MPCA. A rezoning from R -2 to R -5 ( PUD) on the property was granted on April 12, Wollak Construction is also seeking a CUP for deviations in the typical lot dimensions. Along with this request, the applicant will be required to provide three lifecycle housing units. There will be 20 single family lots, one tri-plex, one twin home lot, an industrial lot of 5. 1 acres and one park of 8851 square feet. Setbacks will be as follows: front yard 20 feet, rear yard 15 feet, side yard 6 feet. All rear yard setbacks for northern lots will be 25 Beet. Industrial setbacks will remain as typical industrial standards. Three units will need to be dedicated towards Lffecycle Housing initiative because it meets at least 3 of the LCH guideline criteria. The proposed park is a combination of parkland dedication of 14,732 square feet ( 8851 square feet of upland and 5581 square feet of wetland) with the remainder of the dedication, $7, as a payment in lieu. The Joint Planning Commission and Staff recommended approval based on the following conditions being met: 1. All engineering, comments are resolved 2. Three units are committed for LCH and the developer will adhere to all LCH requirements

134 0 June 14, 2004 A MOTION WAS MAIZE BY LEWANDOWSKI ADOPTING RESOLUTION APPROVING THE PRELIMINARY PLAT AND PRELIMINARY DEVELOPMENT AGREEMENT OF OAK VIEW POND 2. THE MOTION WAS SECONDED BY O' DRISCOLL. e. Conditional Use Permit for Oak View Pond 2 8 :00 p.m. Mayor Pogatshnik reopened the continued public hearing to consider a CUP for Oak View Pond 2. Anita Rasmussen explained the request for a conditional use permit to allow a mix of residential units in a Planned Unit Development as well as for deviations in the typical minimum setback requirements, lot width and lot sizes. The applicant has also submitted a preliminary plat and a rezoning from R -2 to PUD to accommodate a subdivision containing 20 single - family lots, one tri-plex and a twinhome for a total of 25 units. The proposed development is acres. However, the request for the conditional use permit and rezoning lie within the proposed residential area, which consists of approximately 8 acres. The Joint Planning Commission and Staff recommends approving the Conditional Use permit which would encourage a transition of housing styles from single family to a higher density single family residential. They felt that given the unique circumstances of the wetland basin and industrially zoned property to the north and east, deviated lot standard, which incorporate a mix of residential lot sizes, would be appropriate. 0 8: 03 p.m. Mayor Pogatshnik closed the hearing. There were no comments from the public. Resolution approving ft findings of fact approving the conditional use permit for Oak View Pond 2 A MOTION WAS MADE BY BLEASE APPROVING RESOLUTION ADOPTING THE FINDINGS OF FACT RELATING TO A REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW FOR A MIX OF RESIDENTIAL AND TO DEVIATE FROM THE MINIMUM LOT STANDARD REQUIREMENTS IN AN R -5 PLANNED UNIT DEVELOPMENT DISTRICT. THE MOTION WAS SECONDED BY LEWANDOWSKI. Resolution approving the conditional use permit for Oak View Pond 2 A MOTION WAS MADE BY BLEASE AND SECONDED BY LEWANDOWSKI ADOPTING RESOLUTION APPROVING THE ISSUANCE OF A CONDITIONAL USE PERMIT BASED ON THE FINDINGS OF FACT AND DECLARING TERMS OF PERMIT TO ALLOW FOR A MIX OF RESIDENTIAL UNITS AND TO DEVIATE FROM THE MINIMUM LOT STANDARDS IN AN R -5 PLANNED UNIT DEVELOPMENT DISTRICT. i

135 June 14, 2004 L Amendment to Municipal Subsidies Policy for non -JOBZ subsidies and criteria for JOBZ subsidies. 8: 05 p. m. Mayor Pogatshnik opened the public hearing to consider an amendment to the Municipal Subsidies Policy for non -JOBZ subsidies and criteria for JOBZ subsidies. Finance Director, Mary Degiovanni presented the proposed amendments to the Municipal Subsidies Policy that will meet statutory requirements and serve the best interest of Sartell. Staff is recommending that the living wage requirement consist only of wages and the cost of benefits provided would not be factored or included in the amount. Given the extent of subsidy offered by JOBZ, staff recommends that the criteria require an unspecified level of health insurance benefits. The living wage amount proposed, exclusive of benefits is consistent with how area cities approach their living wage requirement. 8: 07 p.m. Mayor Pogatshnik closed the hearing. There were no comments from the public. Resolution approving amendments to the Municipal Subsidies Policy A MOTION WAS MADE BY LEWANDOWSKI AND SECONDED BY BLEASE APPROVING RESOLUTION ADOPTING POLICIES AND PROCEDURES RELATNG TO THE USE OF MUNICPAL SUBSIDIES. Resolution approving JOBBZ Criteria for Sartell A MOTION WAS MADE BY O' DRISCOLL ADOPTING RESOLUTION , SARTELL JOBZ POLICY AND CRITERIA. THE MOTION WAS SECONDED BY LEWANDOWSKI. NEW BUSINESS a. City Administrator, Patti Gartland explained the request from Jack Dockendorf for an off -sale intoxicating liquor license for Sartell Liquor. This retail outlet would be located in the space currently occupied by Coborn' s liquor, which intends to relocate to the new Coborn' s Superstore location. Mayor and Council members discussed issues with John Dockendorf relating to experience managing a liquor store, who would physically manage the store and how they intend to operate the facility. The applicants approach to enforcement and liquor laws and other ordinances were questioned. Council member Blease asked for clarification on the insurance meeting state requirements when it is issued through a surplus line. A MOTION WAS MADE BY BLEASE AND SECONDED BY ORNDORFF APPROVING THE OFF - SALE INTOXICATING LIQUOR LICENSE FOR SARTELL LIQUOR SUBJECT TO WRITTEN VERIFICATION OF INSURANCE APPROVED BY THE CITY ATTORNEY.

136 0 June 14, 2004 Request for noise ordinance exemption from The Bank for outdoor fundraisena event. Ken Schulte was presented to discuss an ordinance exemption for The Bank to accommodate an outdoor fundraiser. On Saturday, June 19a', The Bank Bar and Lounge is hosting a fundraiser golf event for the Sartell/ LeSauk Fire Department, which will take place at Oak Hills Golf Course followed with a meal and awards ceremony at the Bank. The outdoor activities at The Bank will start at approximately 5 pm and run until 9 p.m. where the evert will then move inside the Bank' s facility. The outdoor event will contain a large tent, area for music and bgr and will be completely enclosed with fencing material. Parking for vehicles has been secured with area bujinesses. Fund raising proceeds will be donated to the fire department for a scholarship fund. A letter has been sent to the neighborhood advising them of the date and nature of the event. Police Chief Hughes has advised the applicant of the minimum security requirements, which has been covered. Mayor Pogatshnik extended thanks to Ken Schulte for working to bring this event together. A MOTION WAS MADE BY BLEASE AND SECONDED BY ORNDORFF APPROVING THE NOISE ORDINANCE EXEMPTION FOR THE BANK FOR OUTDOOR FUNDRAISING EVENT ON JUNE 19' x'. DEPARTMENT REPORTS Police Dept. Chief Jim Hughes presented him police report. A MOTION WAS MADE BY ORNDORFF AND SECONDED BY LEWANDOWSKI ACCEPTING THE JUNE 8TH POLICE REPORT. Maintenance Report Public Works Director, Brad Borders presented his report. A MOTION WAS MADE BY LEWANDOWSKI AND SECONDED BY BLEASE ACCEPTING THE MAINTENANCE REPORT.

137 June 14, 2004 City Engineer Engineer, Mike Nelson presented his memorandum on the current projects in Sartell and discussed the bid award for Pine Cone Road widening project. A MOTION WAS MADE BY ORNDORFF APPROVING RESOLUTION AWARDING THE BID FOR PINE CONE ROAD NORTH WIDENING PROJECT # TO JR FERCHE, INC. IN THE AMOUNT OF $158, THE MOTION WAS SECONDED BY LEWANDOWSKI. AYE: POGATSHNIK, 13LEASE, LEWANDOWSKI, O' DRISCOLL, ORNDORFF Approval of letter of understanding with Sartell School District relating to use of Water Treatment Plant fill material Patti Gartland explained tlfe arrangement identified for the City and School District relating to fill needed for the construction of the bus barn at the new Oak Ridge Elementary. Mayor and Council members discussed options and the need to seeure a second quote. Suggestion was made to check into the school doing a change order and the City could reimburse the school. A MOTION WAS MADE BY ORNDORFF AND SECONDED BY LEWANDOWSKI APPROVING THE AGREEMENT SUBJECT TO RECEIVING ONE ADDITIONAL QUOTE AND AUTHORIZATION FOR THE CITY ADMINISTRATOR TO RECEIVE LEGAL OPINION. Planning & Community Development Director Anita Rasmussen presented) her memorandum. City Administrator Professional DevelopmenAt Patti presented the request for approval for herself and/ or Council to attend LMC Regional Meeting and CGMC Summer Conference. A MOTION WAS MADE BY LEWANDOWSKI AND SECONDED BY BLEASE APPROVING THE PROFESSIONAL DEVELOPMENT AS RECOMMENDED BY THE CITY ADMINISTRATOR. City Administrator, Patti Gartland reported that the City Attorney has been assisting the Personnel Committee and the Police Chief in addressing the current job description for Police Lieutenant to assure its compliance i

138 June 14, 2004 with new FLSA requirements. The current position does function in a capacity that will meet the new exemption standards, hovkver the job description is in need of some amendments to reflect its compliance with the new standards while still accurately reflecting the true nature of the job. The most obvious change is the recommendation to retitle the position from Police Lieutenant to Deputy Police Chief. A MOTION WAS MADOE BY BLEASE APPROVING THE RECOMMENDED JOB TITLE CHANGE FROM POLICE LIEUTENANT TO DEPUTY POLICE CHIEF. THE MOTION WAS SECONDED BY ORNDORFF. AYE: POGATSHNIIr, ) LEASE, LEWANDOWSKI, O' DRISCOLL, ORNDORFF Consideration of Personnel Committee recommendation for pay ranee adiustment for the Police Lieutenant (Deputy Polite Chief) position Administrator Gartland presented the recommendation from the Personnel Committee for the 2004 pay range of Police Lieutenant ( Deputy Police Chief) be adjusted to $42, 000 to $ 59,000. A MOTION WAS MADE BY BLEASE APPROVING THE RECOMMENDATION OF THE PERSONNEL COMMITTEE TO ADJUST THE PAY RANGE FOR THE DEPUTY POLICE CHIEF TO $42, 000 TO $59,000., THE MOTION WAS SECONDED BY ORNDORFF. The Personnel Committee is recommending that the application and hiring process be initiated at this time. The process would be initiated by posting the position for potential applicants within the department for 10 days. Applicants meeting the minimum qualifications would then complete a written test and oral interview process. The intent is that 4m Oral Interview Panel would conduct and score the interviews. Following the interviewing process, the Police Chief would present to the City Council the Personnel Committee' s 26th recommended appointee. 'tentative schedule is to bring a recommendation to the Council at the July meeting. A MOTION WAS MADt BY ORNDORFF APPROVING THE RECOMMENDATION TO INITIATE THE APPLIOATION AND SELECTION PROCESS FOR DEPUTY POLICE CHIEF. THE MOTION WAS SECONDED BY O' DRISCOLL. Public Services Campus )flan implementation Administrator Gartland provided a summary update of the Public Services Campus plan and requested suggestions on how to proceed with design and construction of the new public works building as provided for in the implementation plani, Council members discussed who would serve on the building committee. It was the consensus of the Council to continue working with the project at staff level through the budget process and then appoint a building committee. I j 10 a a

139 0 June 14, 2004 Appointment of a Proposal Review Committee for sale and development proposals for the former compost site A collaborative effort resulted in an RFP brochure to facilitate a competitive process to sell the old compost site. Our intent is to place Ithe " for sale" sign on the property on June 15, 2004 and also mail out the RFP to potentially interested buy4rs and developers. The sale of this property will cover the acquisition and development costs for the p' ew compost site and provide some revenue assistance for implementing the PS Campus improvements. Consensus of the Council is to extend the bid time to August 16th and to consult the City Attorney for any needed legal advice. Snecial legislative session, and status of local option sales tax extension authorization Flaherty & Hood has asked if the city' s of Sartell, St. Joseph, Waite Park and St. Augusta want to secure their services to pursue legislative amendments that would keep us included in any extension of sales tax authority should a special session b$ convened? Patti asked for a motion from the Council. A MOTION WAS MADE, BY LEWANDOWSKI AUTHORIZING COST SHARING AND CONTINUED INVOLVIMENT TO SECURE SERVICES OF FLAHERTY & HOOD IN PURSUING A LEGISLATIVE AMENDMENT FOR LOCAL OPTION SALES TAX EXTENSION. THE MOTION WAS SECONDED BY BLEASE. UPON VOTE BEING T *KEN THE FOLLOWING VOTED: CITY COUNCIL UPDATE Council member O' Driscoll updated the Council on the success of the SummerFest event and extended thanks to all the departmer# s that helped in any way. department, signed by the Council, extending thanks event a success Mayor Pogatshnik offered a special letter to each and praise for all the hard work put into making this Council member Omdorff discussed the aesthetics of the prairie grass near the business on 2 "d Street. PAY ALL VOUCHERS A MOTION WAS MADA BY ORNDORFF AND SECONDED BY LEWANDOWSKI APPROVING THE PAYMENT OF ALL VOUCHERS. ADJOURN A MOTION WAS MADEI BY BLEASE AND SECONDED BY ORNDORFF TO ADJOURN THE MEETING AT 9: 53 P.M.' UPON VOTE BEING TA N THE FOLLOWING VOTED: NAY :NONE 11

140 June 14, 2004 Minutes By: Jud Molitor Administrative Secretary i i i AMR r LJ 12

141 i' SARTELL CITY COUNCIL MEETING MINUTES OF JUNE 2$, 2004 SPECIAL WORKSHOP Pursuant to due call and notice thereof, a special workshop session was held on June 28, 2004 in the conference room of tl Sartell City Hall. Mayor Pogatshnik called the meeting to order at 4: 30 PM. COUNCIL PRESENT: COUNCIL ABSENT: OTHERS PRESENT: Mayor Pogatshnik, Council members: O' Driscoll, Blease, Lewandowski and Omdorff None Patti Gartland, City Administrator Mary Degiovanni, Finance Director Paul Omann, City Insurance Agent Dave Schmitz, City Auditor INSURANCE DISCUSSION Paul Omann and Mary Degiovanni went over a checklist of items for Council consideration regarding the City' s comprehensive insurance renewal. The consensus of the Council was to consider the following renewal terms at their regular meeting: Maintain the PIP and UM/ UIM coverages but not the medical and related payments coverage; waive the statutory tort limits to the extent of the City' s excess liability and purchase excess liability of $1, 000,000 for total coverage of $2, 000,000; d#op comprehensive /collision coverage on vehicles which are old and of low value in the discretion, of the department heads; and increase the City' s deductible from $500 to $ 1, AUDIT Dave Schmitz overviewedlthe 2003 City Audit with the Council and reported no material weaknesses and no instances of material noncompliance. ADJOURN Mayor Pogatshnik adjourned the meeting at 6: 30 PM. Minutes By: Mary Dejiovanni Finance Director

142 SARTELL CITY COUNCIL MEETING Pursuant to due call and notice thereof, the twelfth meeting of 2004 was held on June 28, 2004 in the council chambers of the Sartell City Hall. Mayor Pogatshnik called the meeting to order at 7: 00 p.m. COUNCIL PRESENT: COUNCIL ABSENT: PRESENT: 4 Mayor Pogatshnik, Council members: Blease, Lewandowski, O' Driscoll, Omdorff, None Patti Gartland, City Administrator Judy Molitor, Administrative Secretary Jim Hughes, Chief of Police Mike Nelson, City Engineer Anita Rasmussen, Planning & Community Development Director PLEDGE OF ALLEGIANCE AGENDA REVIEW & AIDOPTION A MOTION WAS MADt BY ORNDORFF AND SECONDED BY LEWANDOWSKI APPROVING THE AGENDA AS REVISED. AYE: POGATSHNIK, AEASE, LEWANDOWSKI, O' DRISCOLL, ORNDORFF APPROVAL OF CITY CjOUNCIL MINUTES A MOTION WAS MADII BY BLEASE APPROVIN( THE MINUTES OF THE JUNE 14TH REGULAR MEETING. HE MOTION WAS SECONDED BY ODRISCOLL. UPON VOTE BEING TAPKEN THE FOLLOWING VOTED: AYE: POGATSHNIK, B EASE, LEWANDOWSKI, O' DRISCOLL, ORNDORFF CONSENT AGENDA 1 a. Approval of a resolution adopting HIPAA policies and procedures b. Approval of a certificate of correction for Middletown plat c. Approval of a contract for transcription services for the Police Department with Cathy Theis Gammon d. Approval of a conttact for cleaning services for the Police Department with Kim Tolman e. First reading and sit a public hearing for July 12, 2004, on an ordinance establishing requirements relating to false al f. Approval of a resolution accepting the plans and specifications for the Creekview Preserve Improvements s g. Approval of a resolution accepting the plans and specifications for the Huntington Ridge Plat 5 improvements and etting bid letting date h. Approval of a resokition accepting the plans and specifications for the Stonebrook Estates Plat 2 improvements and etting bid letting date. i. Approval of a temrxary on -sale liquor license Girl Scouts Land of Lakes Council, Garden Art Crawl, July 24, 20 4 j. Approval of petitio# for transfer of Steams County Ditch #16 pursuant to Minnesota Statutes 103E i i

143 June 28, 2004 A MOTION WAS M E LEWANDOWSKI AND SECONDED BY ORNDORFF APPROVING CONSENT AGENDA4EMS A THROUGH J. AYE: POGATSHNIIr, ALEASE, LEWANDOWSIG, O' DRISCOLL, ORNDORFF! PUBLIC HEARINGS a. Establishment ojf CDZ zoning for Property approved for annexation QNH/Then property 7: 05 p.m. Mayor Pogatsht ik opened the public hearing and explained how the hearing would be conducted. Anita presented the request on behalf of INH Development for consideration of recently annexed property to be considered for Comprehensive Design Zone classification. This 10 -acre property hadlbeen petitioned for annexation in May by the property owner and was given an AG zoning designation. Since that time, the developer has moved forward with the platting and design work and wishes to develop this pro erty with medical offices and general commercial uses. The future land use plan has guided this property for medical professional mix. The zoning requested is consistent with the future land use designation for this pr perty. The Joint Planning Commission along with staff recommend approval. There were no comments From the public. 7: 10 p.m. Mayor Pogatsh k closed the hearing. A MOTION WAS MAD BY O' DRISCOLL APPROVING RESOLUTION ADOPTING FINDINGS OF FACT E TABLISHING THE ZONING ON CERTAIN PROPERTIES PETITIONED FOR ANNEXATION T CDZ COMPREHENSIVE DESIGN ZONE. THE MOTION WAS SECONDED BY ORND RFF. UPON VOTE BEING T N THE FOLLOWING VOTED: AYE: POGATSHNIK, EASE, LEWANDOWSKI, O' DRISCOLL, ORNDORFF A MOTION WAS MADt BY BLEASE ADOPTING ORDINANCE ESTABLISHING THE ZONING ON CERTAIN PROPERTIES PETITIONED FOR ANNEXATION CDZ COMPREHENSIVE DE IGN ZONE. THE MOTION WAS SECONDED BY ORNDORFF. AYE: POGATSHNIK, B EASE, LEWANDOWSKI, O' DRISCOLL, ORNDORFF b. 7: 12 p.m. Mayor opened tl e public hearing and Anita explained the request. Developer AIE Properties $ LC is requesting preliminary plat approval for acres. The acreage contains two commercial lots: Lot 1! is 3. 2 acres and Lot 2 is 6.4 acres. The minimum lot size in this district is 3/< acres. Both lots meet the minim requirement. Future development will need to go through site plan review and approval. All buildings will need to meet the requirements of the CDZ district. A payment in -lieu of parkland

144 i i 1 i i June 28, 2004 dedication will be required as a result of this plat. An east/ west public street has been proposed along the northern boundary of the Property. Typical easements shall be a minimum of 6 feet on interior lot lines and 12 feet along roadways. Thee requirements have been met. i The following issues will need to be addressed prior to approval of the submitted preliminary plat. The sedimentation pond J located within the right of way of Connecticut Avenue. The plan will need to be revised so that the sedimeit ponds are located outside of the right of way. 1. The wet pond shall be designed to have aside slope of 4: 1 above the NWL; provide a 10: 1 bench at the NWL; and th4 slope shall be 4: 1 from the bench to the existing grade. A 10 -foot bench will be required for the poond at the normal water elevation ( 1039 msl) The storm sewer Pipes will need to be designed for a 10 -year rainfall event. Invert elevations of I storm manholes aid storm sewer pipe sizes will need to be shown on the grading plan. 3. It is recommende4 that the 2 d orifice for the pond be increased so that the peak post development outflow from the Pond is between 5-6 cfs during a 100 -Yr event. The increase in outflow will aid the pond in handling ponded outflow from the property to the west. 4. The hydrology calculations show that the drainage area contributing to the pond is 6 acres. The 6 acre area encompasses just Lot 2 of Block 1. The preliminary plat also includes Lot 1. The preliminary grading plan will also need to show how the storm water runoff from Lot 1 will be managed. t 5. A drainage and utility easement will be required for construction and maintenance of the a sedimentation port' and the outlet pipe connecting to the City' s storm system. A drainage and utility easement will be required for the storm sewer pipe that will provide service for the property to the west. A drainage 6d utility easement will also be required for construction and maintenance of the shallow swale looted along the west property boundary. 6. The sanitary sewe> and water main will need to be extended through the property to provide service for the property to ithe west. Utility easements will need to be provided for construction and maintenance of thl utility lines. 7. Due to the fact tha the plat is adjacent to a County Road, the plat will need to be submitted to the Stearns County Hi way Department for review and comments. Further analysis of the plans ubmitted may reveal additional requirements that will need to be addressed prior to approval of the preliminary plat. There were no comments from the public. Mayor Pogatshnik closed the hearing at 7: 17 A MOTION WAS MADEiBY O' DRISCOLL ADOPTING RESOLUTION APPROVING THE PRELIMINARY PLAT O THE MOTION WAS SE UPON VOTE BEING T AIE PLAT PROVIDED THE ENGINEER' S COMMENTS ARE MET. NDED BY ORNDORFF. N THE FOLLOWING VOTED: AYE: POGATSHNIK, BLASE, LEWANDOWSKI, O' DRISCOLL, ORNDORFF

145 June 28, 2004 C. 7: 18 p.m. Mayor Pogatshik opened the public hearing and Anita presented the request. The property is zoned R -1 Single Family esidential with access from County Road 1. The platting would essentially take two platted lots and move the jouthern property line of tract b, south approximately 20 feet. Required setbacks are feet sideyard and 30 feet front and rear yard. Both lots exceed the 9, 500 square foot size and meet the min4nurn 50' street frontage requirements. The re- platting of this property essentially fixes an issue of an accessory garage encroaching into the southerly lot. No public streets are proposed. Stearns County and Sartell comprehensive plan designates County Road 1 as requiring an 80 foot (minimum) ROW to accommodate fut a anticipated roadway expansion needs. The current ROW is 66 feet. An additional 14 feet will be required, 7 feet ROW on each side of the roadway. The Joint Planning Commission and Staff recommends approval provided the following conditions are met: 1. An additional 14 feet ofrow will need to be displayed (for a total of 80 feet) on the preliminary plat. The following comments were heard from the public, however do not reflect entire statements made: 3 0 Mark Sauerer, 703 Rive neighbor' s property and his shed in the present k Avenue North gave a brief explanation of why his accessory building is on his he is willing to purchase 21 feet of property from his neighbor in order to leave n. The shed is not on a permanent foundation and could be moved if required. Mayor Pogatshnik expansion. the County' s requirement for ROW on Riverside Avenue to accommodate future Mark Sauerer, 703 accommodate the Avenue North expressed disappointment in donating property in order to of the roadway, however is willing to sell the ROW footage. Marie Larson, 703 %z River ide Avenue North lives next door to the affected property and asked if she could expect Riverside Avenue tube widened past her property in the future? Colleen Pappenfus, 701 Ri erside Avenue North said they paid all the city' s required fees now because the property was not platted o ' finally and questioned what options are available rather than give up the 80 feet of ROW? Steven Pappenfus, 701 Riv rside Avenue North said they started this process 6 months ago and only heard back from the County three 4ays ago, wondering what took so long? City Administrator, Patti Gland outlined options for the homeowners regarding granting easements versus dedication of ROW. 7: 50 p.m. Mayor Pogatshni4 closed the hearing. A MOTION WAS MADE IBY BLEASE TO TABLE ACTION ON THE PRELIMINARY AND FINAL PLAT OF AUTUMN VIEr UNTIL THE JULY 12TH CITY COUNCIL MEETNG. IN THE INTERIM SUGGESTED TAFF MEET WITH THE COUNTY HIGHWAY DEPARTMENT AND DISCUSS EASEMENT O TIONS. THE MOTION WAS SECONDED BY ORNDORFF. 4

146 I i i June 28, 2004 AYE: POGATSHNIK, I LEASE, LEWANDOWSKI, O' DRISCOLL, ORNDORFF i d. Ordinance establishing a storm water utilitv and resolution establishinp--a i 7: 51 Mayor Pogatshnik opened the public hearing. Finance Director, Mary Degiovanni explained the request to create a Storm Water Utility. The intention is to shift costs currently collected in part through a utility fee for NPDESjplanning and Public Works general fund budget to a separate utility fund. Costs associated with stormlwater system management would be accounted for within the new utility. These costs would be recov ed through a user fee. The $2. 50 fee currently collected bi- monthly on the utility bills for " NPDES Cor Thance" would be retitled as " NPDES /Storm Water Utility fee ". Residents would not experience any increase in fees already collected, it would just be renamed and utilized for maintenance type exp uses instead of plan development expenses as this work has been completed. Staff is recommending appi oval of the ordinance and a resolution amending the fee schedule. There were no commots from the public, the hearing was closed at 7: 53 p.m. A MOTION WAS MADE BY LEWANDOWSKI ADOPTING ORDINANCE ESTABLISHING ATORM WATER UTILITY. THE MOTION WAS SECONDED BY ORNDORFF UPON VOTE BEINTAKEN THE FOLLOWING VOTED: AYE: POGATSHNI BLEASE, LEWANDOWSKI, O' DRISCOLL, ORNDORFF A MOTION WAS ME BY LEWANDOWSKI ADOPTING RESOLUTION AMENDING THE F E SCHEDULE FOR 2004, DELETING THE NPDES FEE AND ADDING A STORM WATER UJILITY FEE AT THE SAME RATE OF $2. 50 PER BI- MONTHLY BILLING CYCLE. UPON VOTE BEIN TAKEN THE FOLLOWING VOTED: AYE: POGATSHNI BLEASE, LEWANDOWSKI, O' DRISCOLL, ORNDORFF MOTION CARRIER NEW BUSINESS Community Develop ' nt Director, Anita Rasmussen presented the request for " Just For Kix" to construct a commercial dance studio east of Gold' s Gym. The property received a Land Use Amendment, Rezoning, Preliminary Plat and CUP approval in March The final plat for Ferche South Pinecone Plat 3 was approved in November The site is proposed to have on access from 8a` Avenue South. The site area is acres, impervious surface ( building and paved areas) 44,625 square feet with approximately 40% landscaped area and a proposed building at 15, 903 square feet. According to city ordinance, the building must be 50 feet from the boundary of a residential use and placed outside the drainage and utility eas ment area. This site plan proposes 135 feet front yard and a minimum of 15 feet side yard and 30 foot rear yard setback. The building also meets the height requirement. The applicant is proposing 22 total tree and 78 shrubberies. The requirements for off street - parking have been met. The site will contain 2 park jig lot fixtures with full cut -off lighting.

147 r J June 28, 2004 The Joint Planning C conditions are met pr mission and staff recommends approval of the site plan provided the following to the release of a building permit: 1. Engineering con 2. The storm sewer 3. A grading plan v 4. A storm manhol( exiting storm sen 5. Further analysis addressed prior t tents must be met. ipes will need to be designed for a 10 -year rainfall event. 1 need to be submitted for review and approval. will need to be constructed at the right of way to make the transition from the r pipe to the privately owned storm sewer system. the plan submitted may reveal additional requirements that will need to be approval of the site plan. Mayor Pogatshnik asked i4 there are building design standards in this area. Anita said the building designs need to meet Ferche' s arcl itectural review. Council member Blease ditcussed his concern of aesthetics and what appears to be the back of the building facing County Road 120. Council member Omdorff wall pack lights will be us lked about different types of lighting and the assurance that full cut -off, non -glare A representative of "Just lor Kix" said the drawing which was presented to the Council was not the final draft and that changes had een made to the building design. Mayor and Councihnembe offered options to the representative of "Just For Kix" to enhance the proposed building towards County Road 120. The following suggestions were made: 1. South elevation to include door /windows, similar to the West design 2. Additional lightin on the west side of the building 3. Lights to be full ci t -off and non -glare 4. Landscaping alonj County Road 120 to include additional shrubbery and trees A MOTION WAS MADE BY ORNDORFF APPROVING THE SITE PLAN OF " JUST FOR KIX" PROVIDED THE CONDITIONS LISTED ABOVE ARE MET AND RESUBMITTAL OF FINAL PLANS AT THE NEXT COUNCIL MEETING PRIOR TO ISSUANCE OF A BUILDING PERMIT. UPON VOTE BEING TA KEN THE FOLLOWING VOTED: AYE: POGATSHNIK, B EASE, LEWANDOWSKI, O' DRISCOLL, ORNDORFF The representative from "J * t For Kix" asked if the Council would consider allowing staff to review the proposed changes, and if all the conditions are met as suggested, move forward with the building permit as soon as possible to allow c truction to proceed rather than waiting until the next Council meeting. Council member Orndorff s id he could not support the changes without having a final draft in hand and to support action at this time could set a precedence for future plats. r LJ A MOTION WAS MADE BY O' DRISCOLL AUTHORIZING STAFF TO REVIEW THE CHANGES TO THE SITE PLAN OF JUST FOR KIX" AND IF THE CONDITIONS AND CONCERNS OF THE COUNCIL ARE MET, T PROCEED WITH THE ISSUANCE OF THE BUILDING PERMIT AND PROVIDE A COPY OF T CORRECTED DRAWING TO THE COUNCL. THE MOTION WAS SECONDED BY LEWAN OWSKI. UPON VOTE BEING TAEN THE FOLLOWING VOTED: 6

148 June 28, 2004 AYE: POGATSHNIK, NAY: ORNDORFF LEWANDOWSKI, O' DRISCOLL A MOTION WAS MAD COBORN' S LIQUOR I UPON VOTE BEING T AYE: POGATSHNIK, I BY ORNDORFF AND SECONDED BY O' DRISCOLL APPROVING THE THE FOLLOWING VOTED: E, LEWANDOWSKI, O' DRISCOLL, ORNDORFF A MOTION WAS MAD; BY BLEASE AND SECONDED BY LEWANDOWSKI APPROVING THE ON -SALE AND SUNDA INTOXICATING LIQUOR LICENSE AT 2 RIVERSIDE AVENUE NORTH RIVERBOAT DEPOT. UPON VOTE BEING Ti KEN THE FOLLOWING VOTED: AYE: POGATSHNIK, B EASE, LEWANDOWSKI, O' DRISCOLL, ORNDORFF Finance Director Mary De ' ovanni explained the request for insurance renewal for 2004 /2005 including dropping the medical and related payments coverage, continuing to waive the tort liability limits to the extent of the limits of the liability ooverage obtained from LMCIT, purchasing $ 1, 000,000 excess liability coverage, dropping comp /collision cc verage on older, very low value vehicles based upon the recommendation of the department heads and incre ase the City' s deductible to $ 1, 000. A MOTION WAS MADE BY BLEASE APPROVING THE CHANGES TO THE INSURANCE POLICY RENEWALS AS RECOMMENDED BY THE CITY FINANCE DIRECTOR. THE MOTION WAS SECONI ED BY LEWANDOWSKI. UPON VOTE BEING TA KEN THE FOLLOWING VOTED: AYE: POGATSHNIK, B EASE, LEWANDOWSKI, O' DRISCOLL, ORNDORFF DEPARTMENT REPORTS Police Department j Chief Jim Hughes presented his police report. City Eneineer Mike Nelson presented the Street completed before wii leer' s memorandum Mayor Pogatshnik asked the likelihood of having 2 '/ Z Mike Nelson said plans are to have it up to the first lift of bituminous by fall 7

149 1 LJ June 28, 2004 Mike Nelson presented today. one bid received for the Well # 13 reclamation pond project at the bid opening A MOTION WAS MAD THE BID FOR WELL# CONSTRUCTION COP SECONDED BY BLEAT UPON VOTE BEING T AYE: POGATSHNIK, I BY LEWANDOWSKI APPROVING RESOLUTION AWARDING RECLAMATION POND PROJECT # TO EAGLE ANY, INC. IN THE AMOUNT OF $256, THE MOTION THE FOLLOWING VOTED: E, LEWANDOWSKI, O' DRISCOLL, ORNDORFF Due to safety issues and install rumble strips on t lanes. Nelson said the cc anytime. ncerns from the Police Department, Engineer, Mike Nelson recommended the City five curves on Heritage Drive to encourage motorist to stay within their driving would be approximately $ 1, 000 and would be a project the Council could consider A MOTION WAS MAD FOR RUMBLE STIPS 1 SAFETY. THE MOTIO UPON VOTE BEING T AYE: POGATSHNIK, I BY LEWANDOWSKI AUTHORIZING THE EXPENSE OF UP TO $1, 000 f THE CURVED SECTIONS OF HERITAGE DRIVE FOR PUBLIC WAS SECONDED BY O' DRISCOLL. EN THE FOLLOWING VOTED: EASE, LEWANDOWSKI, O' DRISCOLL, ORNDORFF Anita presented her memos meeting will be August 24, and mentioned that the EDC voted to cancel their July meeting, the next Mayor Pogatshnik reportedlon the meeting with members of the GRIP committee and the compliments extended to the City for the leadership with Life Cycle Housing efforts. Referring to Anita' s memo. Committee questioning the Council member Omdorff expressed concern about a member of the Sign sty of Staff. Omdorff does not want any negative comments tolerated. City Administrator Patti Gartland presented for professional development. A MOTION WAS MADE PROFESSIONAL DEVEI UPON VOTE BEING TX AYE: POGATSHNIK, BI. LEANDOWSKI AND SECONDED BY BLEASE APPROVING THE MENT AS RECOMMENDED. i THE FOLLOWING VOTED: E, LEWANDOWSKI, O' DRISCOLL, ORNDORFF Council member Blease will a out of town for the August 9`s meeting. Council member Omdorff di cussed the lights on the exterior of Little Dukes and asked if staff would contact the owner to have them reads sted.

150 June 28, 2004 Both Council members and Omdorii will not be attending the next area cities meeting. VOUCHERS A MOTION WAS MAD PAYMENT OF ALL VC UPON VOTE BEING T, AYE: POGATSHNIK, B BY ORNDORFF AND SECONDED BY O' DRISCOLL APPROVING THE THE FOLLOWING VOTED: E, LEWANDOWSKI, O' DRISCOLL, ORNDORFF ADJOURN A MOTION WAS MAD: MEETING AT 9: 27 P.M UPON VOTE BEING Ti AYE: POGATSHNIK, B BY BLEASE AND SECONDED BY O' DRISCOLL TO ADJOURN THE THE FOLLOWING VOTED: E, LEWANDOWSKI, O' DRISCOLL, ORNDORFF Minutes By: dy Molitor Administrative Secretary 9

151 SARTELL CITY COUNCIL MEETING Pursuant to due call and naice thereof, the thirteenth meeting of 2004 was held on July 12, 2004 in the council chambers of the S utell City Hall. Mayor Pogatshnik called the meeting to order at 7: 00 p.m. COUNCIL PRESENT: COUNCIL ABSENT: PRESENT: Mayor Pogatshnik, Council members: Blease, Lewandowski O' Driscoll, Omdorff Patti Gartland, City Administrator Judy Molitor, Administrative Secretary Brad Borders, Public Works Director Jim Hughes, Chief of Police Mike Nelson, City Engineer Anita Rasmussen, Planning & Community Development Director A MOTION WAS MAD BY LEWANDOWSKI AND SECONDED BY O' DRISCOLL ADOPTING THE AGENDA AS PRE 1ENTED. UPON VOTE BEING TjKEN THE FOLLOWING VOTED: AYE: POGATSHNIK, I LEASE, LEWANDOWSKI, O' DRISCOLL A MOTION WAS MAD BY LEWANDOWSKI AND SECONDED BY BLEASE APPROVING THE CORRECTED MI [UTES OF JUNE 28TH REGULAR MEETING AND THE SPECIAL WORKSHOP MEETING MINUTES. UPON VOTE BEING Ti N THE FOLLOWING VOTED: AYE: POGATSHNIK, I LEASE, LEWANDOWSKI, O' DRISCOLL CONSENT AGENDA A. June Building ectors Report Acceptance B. June 28, 2004 P iblic Work Commission Notes Approval C. City Finance Di ector' s Report Acceptance D. Resolution settir g a public hearingfor July 26, 2004 on a request to vacate a public street in Prairie Mead w Estates 2 E. Resolution setti a public hearingfor July 26, 2004 on a preliminary platfor Prairie Meadow Estates Plat 2 F. First reading an set a public hearing for August 9, 2004 on a Zoning Ordinance amendment re ating signs G. First reading an set a public hearingfor July 26, 2004 on the establishment ofcdz zoningfor propety petitionedfor annexation known as Regional Medical Arts Center Kruchten prope -ty)

152 July 12, 2004 H. Resolution set ' ng a public hearingfor July 26, 2004 on a preliminary platfor Regional Medical Arts enter I. Resolution set ' ng a public hearingfor July 26, 2004 on a preliminary platfor Riverview Plat 3 J. Street name ch 7ngefor Pine Lakes I Plat K. Approval ofa i esolution approving a premises permit application by Gymnastics Booster Clubfor G -All n' s Restaurant & Sports Bar L. Approval ofa olution approving the plans & specsfor 2 `Iz Street North and set bid date for August 6, 2 04 at 2: 10 p. m. M. Approval ofa olution approving the plans & specsfor Lift Station #4 reconstruction and set bid datefor ugust 6, 2004 at 2: 00 p. m. N. Approve a reso ution designating a portion of Watab Parkfor an archery & BB gun range training eventfir the Boy Scouts on August 16-17, 2004 O. Approval ofa solution acceptingpetition for annexation -John Bromenschenh llkornovich Development Company, Inc. P. Approval ofa r olution accepting petition for annexation for property located at River Vista La Richard Burt/James Kaye M A MOTION WAS M BY LEWANDOWSKI APPROVING CONSENT AGENDA ITEMS A - P. THE MOTION WAS S CON BY BLEASE. UPON VOTE BEING T N THE FOLLOWING VOTED: AYE: POGATSHNIK, LEASE, LEWANDOWSKI, O' DRISCOLL PUBLIC HEARING 7: 05 p.m. Mayor Pogats opened the public hearing to hear those present regarding an amendment to Chapter 13 alarms. The rder for the hearing was explained. Police Chief, Jim Hughes I as been working with the City Attorney to draft an amendment to Chapter 13 covering alarms in an atter ipt to reduce the number of false alarms received and to establish penalties for repeated false alarms. Hug es explained the purpose of the ordinance would help put the responsibility of false alarms back on the usor to correct the problem. Penalties and fees were recommended. There were no comments faom the public. City Administrator Patti G land explained the research being done by the City Attorney regarding alternatives to the false ala amendment and consistency with area cities and recommended the Council consider tabling action unti further research is completed by staff. 7: 14 p.m. Mayor Council member Le, Hughes said that the from businesses, closed the hearing. ski asked how many private homeowners this amendment would affect? Chief of private homeowners would be minimal, the majority of false alarms are 2

153 Council member O' Drisi alarms and approximate majority are false alarm July 12, asked for statistics of how many calls are false alarms and how many are actual l:meframe of officers responding to the calls. Chief Hughes said that by far, the and that officers could spend minutes responding. Council member Blease installations. suggestions for the amendment to include grace periods for new A MOTION WAS MAIJE BY LEWANDOWSKI TO TABLE ACTION INDEFINITELY ON THE ORDINANCE AMEND NG TITLE 3 OF THE CITY CODE OF ORDINANCES ADDING A NEW CHAPTER 13 ENTITL D ALARMS. THE MOTION WAS SECONDED BY BLEASE. UPON VOTE BEING T AYE: POGATSHNIK, N THE FOLLOWING VOTED: LEASE, LEWANDOWSKI, O' DRISCOLL OLD BUSINESS I a. Preliminary /final plat of Autumn View The applicant has requestt d tabling action on the preliminary and final plat of Autumn View. A MOTION WAS MAD FINAL PLAT OF AUTI MOTION WAS SECOI\ UPON VOTE BEING T AYE: POGATSHNIK, BY BLEASE TO TABLE ACTION ON THE PRELIMINARY AND IN VIEW UNTIL THE JULY 22, 2004 COUNCIL MEETING. THE ED BY LEWANDOWSKI. KEN THE FOLLOWING VOTED: EASE, LEWANDOWSKI, O' DRISCOLL Public Works Director, Bi highlighting the estimated the pleasure skating rink a equipment was presented. Borders presented the budget and amendment to the auxiliary ice project ject costs and the funding sources. Brad also discussed the suggestion to close install playground equipment in this area. Visual pictures of the playground Council member O' Driscol about his concern of safety phases were discussed. asked where the road will be in comparison to the playground area and talked iith children playing so close to the road. Timeframe for completion of the Council member Blease one presently used at the A MOTION WAS MAD TO THE AUXILIARY 1 UPON VOTE BEING T AYE: POGATSHNIK, sted looking into the possibility of getting a base surface mat, similar to the Meadow playground for safety. Brad will investigate. BY LEWANDOWSKI APPROVING THE RECOMMENDED BUDGET E PROJECT. THE MOTION WAS SECONDED BY O' DRISCOLL. EN THE FOLLOWING VOTED: EASE, LEWANDOWSKI, O' DRISCOLL LJ

154 July 12, 2004 NEW BUSINESS Community Developmer The City of Sartell acted Assessment Worksheet f townhomes, 23 eight -ple Based on the MNEQB R Heritage Place developer Engineering had prepare of the City of Sartell. Director, Anita Rasmussen presented the request for Kornovich Development. s the Responsible Government Unit in the process of an Environmental the development of 552 unit development consisting of two four -plex townhomes, and multiple apartment buildings which is known as Heritage Place. les, the City of Sartell has determined that an EAW was mandatory for the nt, specifically due to the number of proposed residential units. Duffy the Environmental Assessment Worksheet for Kornovich Development on behalf The Minnesota Environm ntal Quality Board (EQB) has published regulations pertaining to the decision for additional environmental i eview after an EAW. If the City determines that the EAW has adequately addressed environmental ncerns or if those concerns can be managed during other local review process, the City may pass a " nega ' ve declaration ". If the City finds that the proposal has the potential to cause significant environmental ffects, the City should pass a directive to order further environmental review or require the developer to a dress the environmental issues through redesign of the project. 0 Options for the City to co ider: 1. The City Council may pass a negative declaration regarding the proposed residential subdivision to e known as Heri ge Place. The City must find that the proposed construction does not have the potential for crea ' g permanent significant negative environmental damage. 2. The City Council may recommend denial of a negative declaration regarding the proposed subdivision to be own as Heritage Place. The City must find that the proposed construction has the potential for eating permanent significant negative environmental damage. 3. The City of Sarte may table their consideration of the negative declaration for the project. The Joint Planning Co sion and Staff recommends approval of the Negative Declaration for the Environmental Assessmeni Worksheet prepared for the residential development to be known as Heritage Place. A MOTION WAS MADE BY BLEASE APPROVING RESOLUTION ADOPTING FINDINGS OF FACT RELATING TO THE APPROVAL OF THE NEGATIVE DECLARATION FOR THE ENVIRONMI NTAL ASSESSMENT WORKSHEET FOR HERITAGE PLACE PROPSED BY KORNOI ICH DEVELOPMENT. THE MOTION WAS SECONDED BY LEWANDOWSKI. UPON VOTE BEING T N THE FOLLOWING VOTED: AYE: POGATSHNIK, B EASE, LEWANDOWSKI, O' DRISCOLL Anita presented the special once permit request on behalf of Tim and Ann Zierden of 619 Bluebird Court to deviate from the maximu n panel spacing for a portion of a fence in a residential district. Zierden is proposing to fence a portion of their lot on the west side of their property with a six foot maintenance free total privacy fence. The ap licant would like to conceal the adjoining property with this fence. The total length of the private fence i rould be approximately 100 feet and approximately half of the total depth of the lot. There is a fence locate on the adjacent property and the proposed privacy fence would be offset ( 12-18) inches from the prope line. 4

155 July 12, 2004 The Planning Commis, requirements based on l.erecting a ( adequate scre A MOTION WAS MAl SPECIAL PERMIT FC ZONE. THE MOTION UPON VOTE BEING I AYE: NONE NAY: POGATSHNIK, MOTION DENIED i recommended denying the request for a deviation from the City' s fencing following reasons: of fence with appropriate spacing, which meets our standards would provide ig versus constructing a total privacy fence. BY BLEASE ADOPTING RESOLUTION APPROVING THE DEVIATIONS IN THE FENCE REQUIREMENTS IN A RESIDENTIAL AS SECONDED BY LEWANDOWSKI. KEN THE FOLLOWING VOTED: LEWANDOWSKI, O' DRISCOLL Anita presented the reque t for final plat approval for Schaefer Children Family Trust to develop acres 6 lots) west of Pine Tree and 2, East of Pine Tree Pond 4 and south of Corrine Creek. All lots meet the minimum setbacks, lot siz, street frontage and average lot width for a R -1 Single Family Development. This development is proposing the roadway to be feet in width per an agreement during the platting of Corrine Creek. The cul- de- sac has a radius of 60 feet, which conforms to our subdivision ordinance. The Joint Planning Comrr conditions being met: 1. Elevations are sh represent. Howe Revision will be proposed buildin 2. That no building owner (lot 4 of P and Staff recommends approval of the final plat based on the following Nn for the proposed building on each lot and it is unknown what the elevations r the elevations proposed are at the same elevation or below the top of curb. quired to the proposed elevations so adequate drainage will occur between the and the road. ermit shall be issued for Lot 6 until Outlot A is deeded to the adjoining property ie Tree Pond 2). A MOTION WAS MAD THE FINAL PLAT AN] DETERMINATION FO PINE TREE POND OR UPON VOTE BEING T AYE: POGATSHNIK, BY LEWANDOWSKI ADOPTING RESOLUTION APPROVING DEVELOPMENT AGREMENT FOR SCHAEFER PINES INCLUDING OUTLOT A BEING DEEDED TO AN ADJOINING PROPERTY IN ATTACHED TO LOT 6. THE MOTION WAS SECONDED BY BLEASE. KEN THE FOLLOWING VOTED: LEASE, LEWANDOWSKI, O' DRISCOLL A MOTION WAS MAD FEASIBILITY STUDY i PINES. THE MOTION' UPON VOTE BEING T, AYE: POGATSHNIK, 1 BY BLEASE APPROVING RESOLUTION AUTHORIZING N CAPITAL IMRPOVEMENTS PETITION NO SCHAEFER AS SECONDED BY LEWANDOWSIQ KEN THE FOLLOWING VOTED: LEASE, LEWANDOWSKI, O' DRISCOLL

156 0 July 12, 2004 The request for final plat roval of Oak View Pond 2 was presented by Community Development Director, Anita Rasmusse i. The plat is located North of Sauk Rapids City boundary and west of the Oak Pond neighborhood. Accc is to the plat would come from Oak Pond Drive from the west. Access for the industrial property would ome from an extension of 14ffi Avenue. The site has significantfonmental features on the property. The City has a wetland ordinance, which dictates the distance a s re should be from the delineated edge of the wetland. The building setback from the delineated edghe wetland shall be 30 feet. The site will also be subject to obtaining a NPDES Phase II permit from M The requested setbacks fbt all residential: Front yard 20 feet, rear yard 15 feet, Northern lots rear yard 25 feet and side yard 6 fe t. Industrial setbacks remain as typical industrial standards. Three units will be dedi< LCH guidelines criteria. towards our Lifecycle Housing initiative because it meets at least 3 of the The Joint Planning Corry 1. All engineering 2. Three units are 3. Park dedication and staff recommends approval on the following conditions being met: nts are resolved ed for LCH and the developer adhere to all LCH requirements. ments are paid prior to the recording of the plat. A MOTION WAS MAD THE FINAL PLAT AN] THE MOTION WAS SI UPON VOTE BEING T AYE: POGATSHNIK, BY O' DRISCOLL ADOPTING RESOLUTION APPROVING DEVELOPMENT AGREEMENT OF OAK VIEW POND ESTATES 2. ONDED BY BLEASE. KEN THE FOLLOWING VOTED: LEASE, LEWANDOWSKI, O' DRISCOLL A MOTION WAS MAD RESOLUTION A PETITION NO UPON VOTE BEING T, AYE: POGATSHNIK, 1 BY BLEASE AND SEONDED BY LEWANDOWSKI APPROVING THORIZING )FEASIBILITY STUDY ON CAPITAL IMPROVEMENT IAK VIEW POND ESTATES 2. EN THE FOLLOWING VOTED: EASE, LEWANDOWSKI, O' DRISCOLL Anita Rasmussen explaine Green Parking Lot. Theo beer tent, VIP Wine Tent the request from Liquid Assets to host a music Fest located within the Rolling door activities will start at 4 p.m. until 10 p.m. The outdoor events will contain a d a stage for the featured bands. Pursuant to liquor license requirements, the outdoor area serving liquo will be completely enclosed with fencing material. Fred Kasianov has notified the adjoining property owners of the date and nature of the event and discussed the use of neighboring bus nesses parking facilities. The applicant will be hiring two uniformed police officers and private securi to monitor the event.

157 July 12, 2004 Staff recommends appro following conditions bein g the noise exemption for Sartell Summer Music Fest on August 7, 2004 on the addressed prior to the City Council meeting: I. That the applicai t provides a copy of the Certificate of Liability Insurance. 2. An expanded pai king plan be provided which will accommodate a scenario, which adequately provides parking for 500 to 1000 participants 3. That the applicai t provide signatures from Integrity Bank and tenants of Rolling Green Plaza 2 verifying the use of the parking spaces for this event. A MOTION WAS M REQUEST FROM LIQ ARE MET. THE MOT UPON VOTE BEING T AYE: POGATSHNIK, BY LEWANDOWSKI APPROVING THE NOISE EXEMPTION ASSETS PROVIDED ALL RECOMMENDATIONS FROM STAFF N WAS SECONDED BY O' DRISCOLL. N THE FOLLOWING VOTED: LEASE, LEWANDOWSKI, O' DRISCOLL Finance Director, Mary D giovanni presented the City' s Financial Policies and outlined the proposed changes. A MOTION WAS MAD BY BLEASE APPROVING THE FINANCIAL POLICY AND GUIDELINES AS REC MMENDED BY OUR FINANCE DIRECTOR. THE MOTION WAS SECONDED BY O' DRI COLL. UPON VOTE BEING T N THE FOLLOWING VOTED: AYE: POGATSHNIK, EASE, LEWANDOWSKI, O' DRISCOLL a. Police Department Monthly Activity Report Chief Jim Hughes highlighted the police report. A MOTION WAS MADE BY LEWANDOWSKI ACCEPTING THE POLICE DEPARTMENT REPORT. THE MOTIO WAS SECONDED BY BLEASE. UPON VOTE BEING TA KEN THE FOLLOWING VOTED: AYE: POGATSHNIK, B EASE, LEWANDOWSKI, O' DRISCOLL b. Public Works Monthly Activity Report Director, Brad Borders pre nted his activity report. A MOTION WAS MADE BY BLEASE AND SECONDED BY LEWANDOWSKI ACCEPTING THE MAINTENANCE R PPORT. AYE: POGATSHNIK, BLEASE, LEWANDOWSKI, O' DRISCOLL

158 c. City Engineer July 12, 2004 Engineer, Brian Nelson Council member will follow up. his report and answered questions regarding ongoing projects. reported on an issue with incomplete work on 19`s Avenue and Brian Nelson Community Anita Rasmussen presented her report. e. City Administrator A MOTION WAS MAI THE PROFESSIONAL UPON VOTE BEING T AYE: POGATSHNIK, BY LEWANDOWSKI AND SECONDED BY BLEASE APPROVING EVELOPMENT CLASS AS RECOMMENDED. EN THE FOLLOWING VOTED: EASE, LEWANDOWSKI, O' DRISCOLL ON A MOTION WAS MA THE MOTION WAS UPON VOTE BEING' AYE: POGATSHNIK, BY O' DRISCOLL APPROVING THE PAYMENT OF ALL VOUCHERS ONDED BY LEWANDOWSKI. KEN THE FOLLOWING VOTED: EASE, LEWANDOWSKI, O' DRISCOLL 11. ADJOURN A MOTION WAS MAD MOTION WAS SECO UPON VOTE BEING T AYE: POGATSHNIK, BY BLEASE TO ADJOURN THE MEETNG AT 8: 57 P.M. THE ED BY LEWANDOWSKI. KEN THE FOLLOWING VOTED: EASE, LEWANDOWSKI, O' DRISCOLL Minutes By: I Aip July Molitor Administrative Secretary MA

159 0 SARTELL CITY COUNCIL MEETING Pursuant to due call and council chambers of the thereof, the fourteenth meeting of 2004 was held on July 26, 2004 in the City Hall. Mayor Pogatshnik called the meeting to order at 7: 00 p.m. COUNCIL PRESENT: COUNCIL ABSENT: PRESENT: Mayor Pogatshnik, Council members: Blease, Lewandowski O' Driscoll, Omdorff None Patti Gartland, City Administrator Peggy Schupp, Deputy Clerk Treasurer Brad Borders, Public Works Director Jim Hughes, Chief of Police Mike Nelson, City Engineer Anita Rasmussen, Planning & Community Development Director r A MOTION WAS MA THE AGENDA AS AN UPON VOTE BEING' AYE: POGATSHNIK, BY LEWANDOWSKI AND SECONDED BY ORNDORFF ADOPTING THE FOLLOWING VOTED: E, LEWANDOWSKI, O' DRISCOLL, ORNDORFF A MOTION WAS MAD THE MINUTES OF JU UPON VOTE BEING T AYE: POGATSHNIK, ABSTAIN: ORNDORF] BY BLEASE AND SECONDED BY LEWANDOWSKI APPROVING Y 12, 2004 AS CORRECTED. KEN THE FOLLOWING VOTED: LEASE, LEWANDOWSKI, O' DRISCOLL CONSENT AGENDA a. S b. R c. R d. R e. R f. R 0 g. A e special meeting ofthe Councilfor 4 :30 p.m., August 23, 2004, as a 5 budget workshop ion accepting petitionfor public improvements for Keeneland Village authorizingfeasibility study ion accepting annexation petitionfor a 4 -acre parcel in Sauk Rapids mship (Studanski/Backes) ion approving plans and specificationsfor 2nd Street South public rovement project and setting a bid letting date. ion accepting petition for sidewalk improvements on 7* Street North feasibility study and setting a public hearing datefor August 9, 2004 ion authorizingfeasibility studyfor 6`" Avenue South and Scenic Drive et reconstruction and storm sewer improvements and setting a public ring datefor August 9, 2004 al ofgenerator purchase using SACfunds in the amount of $58,786

160 7 July 26, 2004 h. i. 1 k. 1. m. n. solution approving annexation petition (Burt /Kaye property acres) olution approving annexation petition (Bromenschenkel property /Kornovich Development 40 acres) roval ofa temporary on sale 3.2 malt liquor licensefor St. Francis Xavier Churchfor the Parish Fall Festival on August 14 and 15, olution reappointing Mayor to the St. Cloud Metropolitan Transit Commission roval of expenditure ofbeautification funds for irrigation costs in the Community Center Park. lution approvingfeasibility report and ordering improvements and reparation ofplans and specificationsfor Oak View Pond Estates 2 lution approvingfeasibility report and ordering improvements and reparation ofplans and specifications for Schaefer Pines A MOTION WAS M THROUGH N AS PI LEWANDOWSKI. UPON VOTE BEING' AYE: POGATSHNIK, BY BLEASE APPROVING CONSENT AGENDA ITEMS A NTED. THE MOTION WAS SEACONDED BY THE FOLLOWING VOTED: E, LEWANDOWSKI, O' DRISCOLL, ORNDORFF PUBLIC HEARINGS a. 7: 07 p.m. Mayor Pogat hnik explained the request and procedures for the public hearing. Lee Kruchten and repre ientatives of Central Minnesota Neurosciences Ltd. were present. Anita Rasmussen explai ied the request for zoning of the recently annexed property to be Comprehensive Design Zone. The property is located north of Dehler Drive. The 40 -acre property ha I been petitioned for annexation in May by the owner and was given an AG zoning designation. Sin that time, a developer has moved forward with the platting and design work and wishes to develop this property with medical offices. The future land use plan has guided this property for commc rcial/office and a minimal amount of higher density residential on the northeast corner. There were no commen from the public. Mayor closed the hearing at 7: 11 p.m. Resolution a rovin dines of fact o approve or den the establishment of CDZ zoning for the subiect pro e A MOTION WAS M E BY BLEASE APPROVING RESOLUTION # ADOPTING FINDINGS OF FACT ESTABLISHING THE ZONING ON CERTAIN PROPERTIES PETIT ONED FOR ANNEXATION TO CDZ COMPREHENSIVE DESIGN ZONE. THE MOTIO WAS SECONDED BY ORNDORFF. 2

161 July 26, 2004 UPON VOTE BEING AYE: POGATSHNIK, THE FOLLOWING VOTED: E, LEWANDOWSKI, O' DRISCOLL, ORNDORFF A MOTION WAS MA ORDINANCE # TO CDZ COMPREHE UPON VOTE BEING' AYE: POGATSHNIK, BY BLEASE AND SECONDED BY ORNDORFF APPROVING CABLISHING THE ZONING FOR RECENTLY ANNEXED PROPERTY VE DESIGN ZONE. KEN THE FOLLOWING VOTED: EASE, LEWANDOWSKI, O' DRISCOLL, ORNDORFF 7: 14 p.m. Mayor called the public hearing to order and explained the hearing process. The purpose of the hearing Pogatshrk is t discuss the preliminary plat for the Regional Medical Arts Campus. Community Development [) irector, Anita Rasmussen presented the request for applicant, Lee Kruchten and a representative of Central Minnesota neurosciences, Ltd. Access to the plat would be derived from Dehler Drive. This plat contempl tes the extension of Connecticut Avenue on the west side and Alpine Drive on the east. Size of the prope rty is approximately 40 acres. Block one contains five commercial lots and two potential residential lots, Block two contains four commercial lots and Block three contains one outlot which is approximately 8. acres. The minimum lot size in a CDZ is % acre and all lots will meet this requirement. Because there is a wetland on the property, the City' s wetland ordinance would need to be enforced. For wetlands larger than 5 acre, a 20 foot wetland land buffer and a 20 foot setback from the buffer shall be displayed on the plat. The total amount of park d dication required would be 5% of acres which would be 86,466 square feet. Up to 25% of the we and/pond may be factored into the dedication. The 20 foot trail easement may be located within the wetla id setback area. No additional payment in lieu would be necessary with the exception of any multi-f y which may be developed on lot 7 and 6 of Block 1 which would be collected at the time in which a projt Dt goes through site plan approval. The following were commets heard from the public, however comments do not reflect entire statements made: Lee Kruchten, th venue, St. Cloud questioned if there was an overflow pipe figured in the plat to serve the new owners, and so, is it acceptable to the new owners? City Engineer, Mike Nelson said there is an overflow pipe and it i acceptable. Jerry Westhoff, Rivc r Oaks Lane, St. Cloud had questions on the high density residential. As he understands the City could Ilow up to 15 units per acre, however realistically this would be 12 units per acre. Does the CDZ have extra requirements that R -5, such as more screening, sidewalks or more standards than R -4 or B -5?

162 0 7: 21 p.m. Mayor closed 4e hearing. July 26, 2004 Mayor Pogatshnik discus d the 80' right of way up to Dehler Drive and the transition into 66' right of way to the north as indicated c 2 the plat. Pogatshnik asked if the property along the pond is city property. Anita explained that the entire r )nd and trail around it is city property and the developer will receive 25% credit toward park dedication. N iyor Pogatshnik also asked how it is identified on the plat, Anita said it is depicted as park and dedi ted as such. A MOTION WAS MAIM BY ORNDORFF ADOPTING RESOLUTION APPROVING THE PRELIMINARY PLAT F REGIONAL' MEDICAL ARTS CAMPUS. THE MOTION WAS SECONDED BY LEW OWSKI UPON VOTE BEING T N THE FOLLOWING VOTED: AYE: POGATSHNIK, LEASE, LEWANDOWSKI, O' DRISCOLL, ORNDORFF 7: 26 p.m. Mayor Pogats called a public.hearing to order to discuss the preliminary plat of Riverview Addition 3. Anita presented the reque on behalf of applicants Michaelson and Hedburg. The existing zoning is R -1 Single Family Residential and the existing access for both lots is proposed from County Road 1. The property is located just no of Heritage Drive along County Road 1. The platting would essentially clean up the legal descriptions f T these two existing lots. The required setbacks are 10 feet sideyard and 30 feet front and rear yards. Both ots exceed the 9, 500 square foot requirement and meet the minimum 50 foot street frontage requireme Park dedication!requirements have been met with the original plat approval. No public streets are propose Both staff and the Joint Planning Commission recommend approval. Mayor Pogatshnik asked i either of the two lots are for sale. Anita said she was not sure. Council member Omdorff questioned if the northerly house meets the 30 foot setbacks with the new right of way? Resolution approvin th4 i vreliminary 1 of Riverview Addition 3 A MOTION WAS MAD BY LEWANDOWSKI ADOPTING RESOLUTION # APPROVING THE P IMINARY PLAT OF RIVERVIEW ADDITION PLAT 3. THE MOTION WAS SECONDED BY EASE. UPON VOTE BEING Ti N THE FOLLOWING VOTED: AYE: POGATSHNIK, I LEASE, LEWANDOWSKI, O' DRISCOLL, ORNDORFF A MOTION WAS MAD] THE FINAL PLAT OF I ORNDORFF. UPON VOTE BEING Ti AYE: POGATSHNIK, I BY O' DRISCQLL ADOPTING RESOLUTION APPROVING VERVIEW ADDITION PLAT 3. THE MOTION WAS SECONDED BY 10EN THE FOLLOWING VOTED: EASE, LEWANDOWSKI, O' DRISCOLL, ORNDORFF 4

163 C July 26, : 32 p.m. Mayor Pogats ' opened the public hearing and explained how the hearing would be conducted. Petitioner, Dennis Czech vas in attendance. Anita Rasmussen presenti d the request for the vacation of a portion of a public street known as 14`s Avenue East (formally known as ` Street NE). The purpose is to include a portion of this un -used right of way, which then can be incorp4rated into the Prairie Meadow Estates 2 Plat. 14`s Avenue East would s derived from County Roa exists. 1 maintain a right of way of 66 feet. Because the access to Highway 15 is 29, the need for more than 66 feet of right of way on 14`(' Avenue East no longer Staff recommends approv d for the request to vacate the Public Street on the described portion of 14th Avenue East subject to rei ention of necessary utility easements. Mayor Pogatshnik closed Oe hearing at 7: 35 p.m., there were no comments from the public. C A MOTION WAS MAD PORTION OF A PUBL: UPON VOTE BEING T AYE: POGATSHNIK, e. 7: 39 p.m. Mayor conducted. BY ORNDORFF ADOPTING RESOLUTION VACATING A STREET. THE MOTION WAS SECONDED BY LEWANDOWSKI. CEN THE FOLLOWING VOTED: EASE, LEWANDOWSKI, O' DRISCOLL, ORNDORFF opened the hearing and outlined the order of how the hearing would be Anita Rasmussen present( Total acres in the plat is 1 private roadway is propos 14a' Avenue East). No pu dedication will be require value will need to be subr Staff recommend approva 1. That the develop the Stormwater 1 2. All requests /con( 3. A payment in -lie l the request for preliminary plat approval on behalf of DMC Company, Inc , block one contains 13 lots with one outlot, consisting of acres. A d to access all iniker lots with some lots fronting along I" Street NE (to be named lic streets are being proposed within the blocks. A payment in -lieu of parkland as a result of this plat. According to the subdivision ordinance 5% of the market itted prior to the recording of the final plat. The Joint Planning Commission and of the preliminary plat provided the following recommendations are met: r will be required to obtain a NPDES Phase II permit from the MPCA. A copy of ollution Prevention Plan submitted to the state must also be submitted to the City. s by the Engmn ering department are resolved prior to recording. of parkland dedication will be required as a result of this plat. There were no questions Council member Orndoi future. Anita explained 1 access would be limited Southeast comer of the Czech indicated there m of larger vehicles. Ornc confirm. the public. The Mayor closed the hearing at 7:42 p.m. iiscussed parcels;farther to the north questioning how much is buildable in the the area is very wet, however some areas may be high enough to build on but 0 further land to the north is developed. Orndorff discussed right -of -way on the and if a larger radius should be considered to accommodate truck traffic. Mr. be an office building on one lot and feels there is enough property to allow turns I questioned if Hwy 10 on the plat should be labeled as Hwy 15? Anita will

164 July 26, 2004 A MOTION WAS MA THE PRELIMINARY SECONDED BY O' DF UPON VOTE BEING' AYE: POGATSHNIK, BY LEWANDOWSKI ADOPTING RESOLUTION APPROVING AT OF PRAIRIE MEADOW ESTATES 2. THE MOTION WAS THE FOLLOWING VOTED: E, LEWANDOWSKI, O' DRISCOLL, ORNDORFF Anita Rasmussen explaint I the request for final plat approval for Prairie Meadows Estates 2 on behalf of DMC Company, Inc. Acc ss to the development will be derived from I" Street NE (old County Road 29). A private roadway is pro sed to access all inner lots with some lots fronting along I' Street NE. There is a total of 123 acres and one Dutlot with acres. Future developments will need to go through site plan review on Block one. A p yment in -lieu of parkland dedication will be required as a result of this plat. No public streets are being pr posed within the blocks. Staff recommends approv 1 of the final plat provided the following recommendations from the Joint Planning Commission and staff are met: 1. That the develop x be required to obtain a NPDES Phase II permit from the MPCA. A copy of the Stormwater Poll tion Prevention Plan submitted to the state must also be submitted to the City. 2. All requests /con rns by the Engineering department are resolved prior to recording. 3. A payment in -lie of parkland dedication will be required as a result of this plat. A MOTION WAS M THE FINAL PLAT AN ESTATES 2 PROVIDE SECONDED BY ORND UPON VOTE BEING T AYE: POGATSHNIK, BY O' DRISCOLL ADOPTING RESOLUTION APPROVING FINAL DEVELOPMENT AGREEMENT OF PRAIRIE MEADOWS STAFF RECOMMENDATIONS ARE MET. THE MOTION WAS RFF. N THE FOLLOWING VOTED: LEASE, LEWANDOWSKI, O' DRISCOLL, ORNDORFF OLD BUSINESS Mayor Pogatshnik update information to Steve Papp tabling the plat. the public on the, past discussions regarding this plat. Anita had sent s, however was unable to reach them for discussion. Staff recommended A MOTION WAS MAD K BY ORNDORFF AND SECONDED BY LEWANDOWSKI TO TABLE CONSIDERATION OF PRELIMINARY PLAT OF AUTUMN VIEW TO THE AUGUST 9Tx CITY COUNCIL MEE G. UPON VOTE BEING Tj KEN THE FOLLOWING VOTED: AYE: POGATSHNIK, I LEASE, LEWANDOWSKI, O' DRISCOLL, ORNDORFF LJ

165 July 26, 2004 NEW BUSINESS a. Community Develops for Savanna Oaks on The plat is located west 4 35 single family lots and residential district. Park dedication for this 12 ft. bituminous path s one side of every street. Typically, public streets allows parking on both with an 80 ft. rieht -of -w The Joint Planning conditions: Director, Anita Rasmussen presented the final plat and development agreement If of the developer, Viking Development. Pine Cone Road and north of the new elementary school site. The plat consists of outlots. All of the lots meet the minimum standards for R -1 single - family se will consist of a payment in lieu of parkland in the amount of $33, A be located on the northern side of 35`h Street North Sidewalks will be on at least stain a right -of -way width of 66 feet, which includes a paved area of 36 feet (this s of the street). This development is also proposing the main collector to be 44' and staff recommends approval of the final plat based on the following 1. All a. A for b. A stoi foot d the ba c. The p 1 and plan v North d. Easen main, e. The nor right of 2. Prior to the appri maintenance faci 3. That Savanna Oe 4. That Boni Oaks 1 5. That the tempora ins by the Engineering department are resolved prior to the recording of the plat: t drainage and utility easement will be required along the back lot lines of Block struction and maintenance of a storm sewer pipe sewer pipe will need to be constructed along the back lot lines of Block 1. A 20 rage and utility easement will be required. The centerline of the easement will be lot lines of Lots I through 11, Block 1. minary grading plan shows 35d' Street North will be served by two ponds ( Pond ad 2). Pond 2 is not being platted in the first phase of the project. An alternative need to be provided to show how the runoff from the north portion of 35d' Street 11 be managed. is will be required to construct and maintain the sanitary sewer and the water n the City' s existing utilities south of the plat. Cost occurred in obtaining the will be at the developer' s expense. a 33 ft of right- of <way for 32 d Street North should be dedicated on the plat as vay and may be vacated at a later date. val of the vacation of 32nd Street, the property owners to the south as well as the sty will need to have public road access. s Drive be renamed to Savanna Oaks Lane e renamed to 13`s Avenue North y cul -de -sac be paved Anita explained the need Right -of -way. reconfiguration of 35`s Street North and easements to the north to complete the Council member Blease di cussed options of existing streets and driveways, or the possibility of allowing temporary cul -de -sacs for ccess. Blease alsp discussed plowing issues and shared the idea of leaving the north/ south road construe ' n until the next phase is platted. 0 Mayor Pogatshnik verified that none of the existing traveled north/ south roadways will change until Outlot B is platted. Anita said th was correct, the east/ west road will not be vacated until 35d' street is completed. Mayor Pogatshnik discussid the street name changes.

166 L July 26, 2004 A MOTION WAS MA THE FINAL PLAT AP ADDITION. THE MO UPON VOTE BEING' AYE: POGATSHNIK, NAY: ORNDORFF BY LEWANDOWSKI ADOPTING RESOLUTION APPROVING FINAL DEVELOPMENT AGREEMENT OF SAVANNA OAKS FIRST N WAS SECONDED BY BLEASE. KEN THE FOLLOWING VOTED: LEASE, LEWANDOWSKI, O' DRISCOLL A MOTION WAS MAD RESOLUTION PETITION NO UPON VOTE BEING T AYE: POGATSHNIK, NAY: ORNDORFF BY LEWANDOWSKI AND SECONDED BY O' DRISCOLL ADOPTING UTHORIZING FEASIBILITY STUDY ON CAPITAL IMPROVEMENT SAVANNA OAKS. KEN THE FOLLOWING VOTED: LEASE, LEWANDOWSKI, O' DRISCOLL Police Department Police Chief, Jim Hughes his bi- monthly report. Public Works Director, Brad Borders ul scheduled for completion d the Council on the Veterans Park fence which was started today and is week. City En ineer A MOTION WAS MAD RESOLUTION E IMPROVEMENTS PR( INC. IN THE AMOUNT UPON VOTE BEING T AYE: POGATSHNIK, BY O' DRISCOLL AND SECONDED BY ORNDORFF APPROVING VARDING THE BID FOR STONEBROOK ESTATES 2 ECT # TO THE LOW BIDDER, BARBAROSSA & SONS, F $498, CEN THE FOLLOWING VOTED: EASE, LEWANDOWSKI, O' DRISCOLL, ORNDORFF A MOTION WAS MAD. RESOLUTION A PROJECT # ' THE AMOUNT OF $171 UPON VOTE BEING T, AYE: POGATSHNIK, I BY O' DRISCOLL AND SECONDED BY BLEASE APPROVING YARDING BID FOR HUNTINGTON RIDGE PLAT 5 IMPROVEMETNS THE LOW BIDDER, RANDY KRAMER EXCAVATING, INC. IN THE FOLLOWING VOTED: Z, LEWANDOWSKI, O' DRISCOLL, ORNDORFF

167 July 26, 2004 Engineer, Mike Nelson pit engineer' s office is works the issues with stumps, bn property owners have not anted his memorandum and updated the Council on current city projects. The with Stearns Electric and homeowners regarding the 19`h Avenue project and and gate repair. Nelson will continue to follow -up, however at this time the en available. Discussed the 2nd Street South project lighting and start date. Anita updated the with her memorandum City Administrator Patti Gartland outlined th Committee, Gartland expl position of Deputy Police performance and dedicati Mayor Pogatshnik asked i appointment. Council mei Sartell Police officer. process and participants of the Personnel Committee. On behalf of the Personnel fined the committee' s recommendation to promote Sgt. Dale Struffert to the thief effective Aggust 2, Chief Hughes reported on the outstanding i to the City by Struffert and shared his achievements and accomplishments. there were any q* estions for Patti or the Personnel Committee regarding this ber O' Driscoll expressed appreciation for officers making a career of being a A MOTION WAS MAD STRUFFERT TO DEPT THE MOTION WAS SI UPON VOTE BEING T. AYE: POGATSHNIK, ] BY ORNDORFF APPROVING THE PROMOTION OF SGT. DALE Y POLICE CHIEF INCLUDING CONDITIONS OF EMPLOYMENT. ONDED BY BL.EASE. KEN THE FOLLOWING VOTED: EASE, LEWANDOWSKI, O' DRISCOLL, ORNDORFF Patti summarized the need or a storm sewer agreement for the Magnolia Place Development. Consensus of the Council was to have th Mayor and Administrator execute a legal agreement including the conditions as recommended in the memo provided for the City Council. A MOTION WAS MADIA BY LEWANDOWSKI AND SECONDED BY ORNDORFF APPROVING THE EXECUTION OF AGREEMENT FOR MAGNOLIA PLACE STORM SEWER SYSTEM AS OUTLINED IN THE UPON VOTE BEING T AYE: POGATSHNIK, B EMO PRESENTED. N THE FOLLOWING VOTED: ASE, LEWANDOWSKI, O' DRISCOLL, ORNDORFF Patti Gartland provided the ouncil with the most current version of a resolution that the St. Cloud City Council will be considering regarding use of sales tax revenues which would enable the ballot questions to be on the general election b dlot in neighboring cities. The resolution reflects the area cities collective position that Sartell' s 1999 allot questions rgmains valid and a new vote should not be required until and unless Sartell wishes to see]: local approval to use sales tax revenues for something other than constructing a community center or for pa and acquisition or improvements. 9

168 r LJ July 26, 2004 Council member O Cities Meeting. A MOTION WAS MA SELECTION PROSE DEPARTMENT. UPON VOTE BEING' AYE: POGATSHNIK, requested to add the following meeting on the calendar: August 31, 2004 Area E BY BLEASE AND SECONDED BY O' DRISCOLL TO START THE TO FILL THE VACANCY OF SERGEANT IN THE POLICE KEN THE FOLLOWING VOTED: ELEASE, LEWA[NDOWSKI, O' DRISCOLL, ORNDORFF PAY ALL VOUCHERS A MOTION WAS MAD THE PAYMENT OF Al UPON VOTE BEING T AYE: POGATSHNIK, BY LEWANDOWSKI AND SECONDED BY ORNDORFF APPROVING VOUCHERS. ON THE FOLLOWING VOTED: EASE, LEWANDOWSKI, O' DRISCOLL, ORNDORFF A MOTION WAS MAD THE MEETING AT 8: 21. UPON VOTE BEING T AYE: POGATSHNIK, BY O' DRISCOLL AND SECONDED BY ORNDORFF TO ADJOURN P.M. KEN THE FOLLOWING VOTED: LEASE, LEWANDOWSKI, O' DRISCOLL, ORNDORFF Minutes By: figgy Deputy Clerk- Treasurer 10

169 SARTELL, CITY COUNCIL MEETING Pursuant to due call and chambers of the Sartell 1 ce thereof, the 15th meeting of 2004 was held on August 9, 2004 in the council Hall. Mayor Pojgatshnik called the meeting to order at 7: 00 p.m. COUNCIL PRESENT: COUNCIL ABSENT: PRESENT: Mayor ]Pogatshnik, Council members: Lewandowski O' Driscoll, Orndortf Blease Patti G* tland, City Administrator Judy Molitor, Administrative Secretary Jim Hu$hes, Chief of Police Mike Nelson, City Engineer Anita Rasmussen, Planning & Community Development Director Mayor Pogatshnik the public to tte meeting. C Tom Moore representing 1 Council and the public on of Sartell and the Council their dues for the past 15 Anita Rasmussen and Tim different organizations tha success. During the past } implementation of strateg JOBZ acres and with adve site selector to help locate area. The Partnership is re to attract businesses in thi c St. Cloud Area. Economic Development Partnership was present to update the he work of the Pdrtnnership. On behalf of the Partnership, Moore thanked the City or their membership and support stating that the Partnership has not increased ors. Council member O' Driscoll presently serves on the Executive Board and Driscoll also serve on the Board of Directors. Moore listed the twenty-two are part of the organization complimenting on their continued growth and mr they have developed a new strategic plan with five task forces for es to attract jobs $nd go beyond the region to market these jobs through the tisements in area newspapers. One of the goals of the partnership is to bring in a and evaluate indu trial parks and marketing tools needed to focus on jobs for the viewing land, buildings and marketing to determine what else needs to be done area Mayor Pogatshnik thanke Mr. Moore for the work the Partnership is doing. Mayor also asked the Partnership to take a look it the issues that ttanscends the boundary and encourage area cities to become members. Review how thew areas are beingli advertised compared to the membership. A MOTION WAS MAD OF JULY 26, THI UPON VOTE BEING T AYE: POGATSHNIK, I BY LEWANDOWSKI APPROVING THE CITY COUNCIL MINUTES MOTION WASI SECONDED BY ORNDORFF. KEN THE FOaOWING VOTED: PEWANDOWSKX, O' DRISCOLL, ORNDORFF CONSENT AGENDA a. July Building b. July 1, c. City Finance tors Report Acceptance Work Commission Notes Approval or' s Report Acceptance

170 August 9, 2004 d. First reading, approved for; e. Set public hea Campus 2 f. First reading regulations in g. First reading approved for h. Set public hea i. Set public hea j. Resolution ap k. Resolution an 1. Resolution app m. Resolution pro n. Resolution app for Schaefer Pi o. Resolution app for Oak View p. Resolution app q. q. Resolution app Xavier Church r. Resolution aut] A MOTION WAS MAD PRESENTED. THE MC UPON VOTE BEING T AYE: POGATSHNIK, I set public hearin# date for August 23, 2004, to establish CDZ zoning for property oration (HeritageiPlace) date for August,23, 2004, for revised preliminary plat of Regional Medical Arts set public hearino date for September 13, 2004, on an amendment to the sign CDZ zoning disttict. set public hearing date for August 23, 2004, to establish R -5 zoning for property nation (Tiffany Meadows/ Pat' s Cat property) I date for August 23, 2004, for preliminary plat of Tiffany Meadows 3 date for August 23, 2004, for conditional use permit for Tiffany Meadows wing the wetland Conservation act permit for 2 `h Street public improvements wing annexation pjetition for a r -acre parcel in Sauk Rapids Township ing election judges for the 2004 primary elections ng for sale of $6A million general obligation bonds hg plans and specifications and setting bid letting date for September 10, 2004, ing plans and sp4cifications and setting bid letting date for September 10, 2004 ing a premises permit application for Sartell Youth Hockey/Pine Cone Liquors ing an applicatiop for exemption from lawful gambling permit for St. Francis September 19, 2004 zing fund transfers for various Tax Increment Financing districts BYO' DRISC L APPROVING CONSENT AGENDA ITEMS A -R AS ION WAS SECONDED BY LEWANDOWSKI. KEN THE FOLLOWING VOTED: WANDOWSKi, O' DRISCOLL, ORNDORFF PUBLIC HEARINGS a. i--- btreet Nortn agewalkimpro3lginentproject 7: 22 P.M. Mayor Pogatshr. ik opened the public hearing regarding a sidewalk improvement project for 7`a Street North and explained how he would copduct the hearing. City Engineer, Mike Nelsc consists of constructing a < front of the Hillside Apart located across the street & the north traversing to and forced into the roadway di Hillside Apartments have across 7h Street in this are presented a scone of the project included with the feasibility study. The project sncrete sidewalk for pedestrian traffic along the north side of 7`s Street North in cents located betvieen 5s' Avenue North and Riverside Plaza. This area is in the Sartell Middle School and receives a high level of pedestrian traffic from from school. Pedestrian traffic currently uses the grass boulevard area and is ing the winter months creating a safety/hazardous condition. The residents of amplained about the foot traffic over their grass areas. There is a cross walk but no walk or pathway on the north side to access this crosswalk. The installation of a 6 -foc flat boulevard grades and will occur to provide for i the area is presently. concrete sidewalk within the subject area is very feasible due to the relatively k of numerous obstacles to go around. A small amount of boulevard grading installation of the sidewalk. All disturbed areas would be restored with sod as

171 i August 9, 2004 Estimated cost of the prof assessments against the b The following comments t were presented with a total estimated cost of $34, Funding to be from efiting property pwners. re heard, however comments do not reflect entire statements made: John Diehl, 319 7`h Street North, Unit 71 Does not agree with the residents of Hillside bearing the cost out of their pockets. Because just a few people (live there, John thinks it will raise their cost of living to a point where some people won' t be able to afford to live there, senior citizens and young families both on fixed incomes. John suggested laving students /rejsidents use the path across 7h Street being it is already in place and is maintained by the ity. According td John, 90% of the people who live at Hillside don' t care if pedestrians walk on the gi iss. Diehl does not favor the project. Nancy Schramel, 219 7h treet North #96 Would like the issue to be approved by fair vote of the residents who would pay for it. Scl rarnel also suggested using the path on the opposite side of the street which is already in place. Florine Fuchs, 41170' Str et North # 11 que$tioned a sidewalk for the rest of 7t' Street for safety? She didn' t feel Hillside is the only area that needs a sidewalk. She is against the project because taxes and assessments will go up and asked why they have to pay for it? Is Linda Wilfahrt, "' ) venue North, Prirtcipal of St. Francis said that she was the person who initiated the petition because she r ived a visit from a mother of a child who attends St. Francis and is concerned of child safety as students toss the street. This is also a city bus stop area. Wilfahrt said she would not to anything to increase residt nts of Oak Hill' s payments, however her concern is for safety of kids getting to the bus stop. Wilfahrt ask d the City to confider financial help. Steve Ehlen, 829 Brookw4 ed asked where the kids come from that are cutting through on the grass at Hillside? Hillside Hillside Onsite Onsite Manager, Manager, 3cott 3cott Lentz Lentz asked asked if if the the solution solution to to kids kids going going through through the the parking parking lot lot is is another another bus bus stop? stop? Hillside Hillside is is alrea alrea yy covered covered with with their their own own sidewalks sidewalks in in the the development. development. Concern Concern should should be be given given to to kids kids being being droppt droppt dd off off in in the the parking parking lot lot at at the the shopping shopping mall. mall. David David Sydow, Sydow, t' 7t' Str Str tt North North # # 36, 36, suggested suggested the the sidewalk sidewalk should should go go up up to to the the high high school. school. Doris Doris Benick, Benick, `" 7`" Stre Stre II North North # # 99 asked asked why why only only three three blocks blocks are are being being assessed? assessed? Suggested Suggested the the city city install install more more crosswalk crosswalk stri stri gg and and hire hire crossing crossing guards guards during during the the school school hours, hours, like like the the other other school school crosswalks. crosswalks. Randy Randy Rakke, Rakke, `" 7`" Stre Stre tt North North # # said said most most of of the the kids kids come come from from the the shopping shopping mall mall and and walk walk through through their their development. development. John John Diehl, Diehl, ` 7` hh Street Street North North said said he he would would like like to to stay stay there there if if the the cost cost doesn' doesn' tt go go up up too too high. high. The The management management has has discourae discourae ed ed scooters scooters going; going; through through the the development, development, however however most most of of the the residents residents are are fine fine with with kids kids going going throu throu Doris Doris Benick, Benick, t' 7t' Strei Strei it it North, North, # # 99 asked] asked] if if someone someone gets gets hurt hurt on on the the sidewalk, sidewalk, who who would would be be responsible? responsible? Mayor Mayor Pogatshnik Pogatshnik explain explain 44 that that the the conditions conditions of of approval approval would would be be decided decided by by the the Council Council and and part part of of conditions conditions would would be be ZZ decide decide who who wotild wotild be be responsible responsible to to maintain maintain the the sidewalk. sidewalk.

172 i i 7: 49 p.m. Mayor i closed the hea> ing. August 9, 2004 Council member Lewand the west? City Engineer 1 next crosswalk further to Council member O' Dri: over a 10 year period, a cost difference, if any a concrete or bituminous. ski asked if these was a determination made to continue the sidewalk further to e Nelson said it the Council wishes, the sidewalk could be continued to the west. discussed a sce ario of an approximate assessment per resident, if assessed s would be $ 7.00 per month. The option of concrete versus bituminous and also be explored. The City Engineer explained the difference between cost of Council member Orndor Orndorff asked if it was the City is helping out f and possible the school Hillside. Mayor Pogatshnik explai improvements, ask the e options to help with cost Council member Ornd4 putting a financial bur( resources to help with xestioned the amount of green space between the sidewalk and the curb. to assess the residents for the entire project, since this is a city project. Since es with Life Cycle Housing projects, Paul said he would like to see the City Dr bus company, help cover these costs so as not to burden the residents of l that at the mee ' g tonight the Council could decide to order the peer' s office to tevisit the design for cost savings and the City can look at I maintenance. id not heard an; one speak in favor of the project and therefore cannot support t fixed income residents. Could support the project if the City can fmd financial eduction and mraintenance. A MOTION WAS MAD IMPROVEMENTS AN] STREET NORTH SIDE SECONDED BY LEWA UPON VOTE BEING T. AYE: POGATSHNIK, I 1BY ORNDOOF APPROVING RESOLUTION ORDERING PREPARATI OF PLANS AND SPECIFICATIONS FOR THE 7' H VALK IMPROVEMENTS PROJECT # THE MOTION WAS THE FO LOWING VOTED: MOWS, O' DRISCOLL, ORNDORFF b. City Engineer, Mike Nels n presented the 4erview of the project to improve the roadway on 6's Avenue South and Scenic Drive di e to the deteriora d condition over the past few years. The project construction is proposed to include the habilitation of a road surface on 6d' Avenue South from 2nd Street South to Scenic Drive. Rehabilitati on Scenic Driv will be from 100 feet west of the intersection of 6th Avenue South to the easterly end c fthe cul -de -sac oi' Scenic Drive. The project consists of re val of the existing bituminous which is severely deteriorated and replacement with three and one half in es of new surfac g. The concrete curb and gutter that is currently in place appears to be in good con on, however th re are areas that show evidence of cracking or settlement outside the joints. New c crete curb and gutter is proposed for the project as well as sod replacement.

173 August 9, 2004 The reconstruction will 6`s Avenue South and Sa located in the cul -de -sac existing catch basin to th on 6"' Avenue South to t] e Avenue along the nor presently exists in this to 6a' Avenue South. Cost c of the project is $ 165,77 affected property owner; io include the ext 611 Street. A stop t the easterly end intersection of Si 6 intersection of wrly boundary of ttion and this sys the project will t 00 with $100, 00 Lsion of storm sewer from Scenic Drive to the intersection of sewer system will be extended from the existing catch basin f Scenic Drive. A storm sewer pipe will be extended from this nic Drive and 6s' Avenue South and then extended to the south rtell Street. A stom sewer pipe will be installed to the east of ot 1, Block 1 of April Addition. A drainage easement m will provide a storm sewer outlet for property to the east of assessed to the affected property owners. Total cost estimate city costs and approximately $ per lot assessed to A MOTION WAS MAI THE FEASIBILITY RI IMPROVEMENTS 0 MOTION WAS SECOP UPON VOTE BEING 7 AYE: POGATSHNIK, BY O VENUE SOU QED BY LEW KEN THE FC L ADOPTING RESOLUTION APPROVING H ON PLANS & SPECIFICATIONS 2004 CAPITAL SCENIC DRIVE PROJECT # THE OWING VOTED: O' DRISCOLL, ORNDORFF 8: 34 p.m. Mayor Avenue South and called the re public i hearing to order to consider ordering improvements for 6s' ent project. The following comments heard comments do not reflect entire statements made. Paul Arneson 521 Scenic ) rive South spoke about the history of the project and the possibility of replacing only the curb that is in ne d of replacing. Poul also talked about assessing all property owners in the area because with only one in ss /egress the roid is used by all the residents. Paul suggested more of a study needs to be done to look z t the entire area r4ther than just one section. Gary Ward, 601 West SaTiall Street questio #ed the size of the existing storm sewer and suggested enlarging the system so the catch b ins can handle tho heavier rains. A catch basin is also needed for run off from lots 4, 5, and 6 and he do not feel the exisg system is large enough to take care of excessive water. Favors assessing all prop owners in the teighborhood. City Engineer, Mike N existing pipe for water Mike Nelson said the owners. explains how ff and that the assessment grate on the storm sewer controls how the water gets into the sting pipe size is actually large enough. is based on assessing front footage of affected property Gary Ward, 601 West Sa Engineer Nelson said it is higher than replacing all ell Street suggest it. t cost effective only replacing the curb that is in need and not all of it. replace only sections and that the cost could actually be is Mark Schmitz, 511 Sceni Drive is happy to see they have included a catch basin on 6s' Avenue along with the addition of six new ba ins. He agrees t the pipe to the river is okay and that leaves are blocking the basins. i

174 August 9, 2004 Ken Zormeier, 600 SarteStreet West, right. If the project is do properly, rf ed putting in the catch basins now and doing the project are willing to help pay for the project. Robert Hilsgen, 601 Sce Drive South, ii( the project moves forward, how will the residents get out of the development during consi ruction? Mike Nelson said traffic in and out would be maintained. If the City Council decides to move rward with the Froject, construction could start in October or possibly bid in the winter with construction ' i spring, i Claude Dingman, 1 6th venue South ask d if there was ever a ground water study done in this area? Because the road has bee are -done so many] times of the past years, could there be ground water problem? Mayor Pogatshnik discus ed trapped water nd the need for additional drainage. f Cyril Valerius, 508 Sceni '' Drive, said the v ater drains from the west, which is a long way. 8: 57 Mayor closed the Council member O' Drisc 11 asked if consi review drainage issues fo the entire area? winter for consideration a larger project ext summer. ration could be given to extending the project in order to ike Nelson said their office could review the entire area over Council member Omdor said if the road s been rebuilt often and there could be ground water concerns, he would suggest a full b wn engineer' s study, review over the winter for possible project Council member O' Dris41I suggested co4ideration of a study this year for the whole area, do a larger project and do it right, with one time cons ction. A MOTION WAS MA THE CITY ENGINEE: FOR RECONSTRUCT DRAINAGE. UPON VOTE BEING' AYE: POGATSHNIK, BY ORNDO F AND SECONDED BY O' DRISCOLL REQUESTING OFFICE REVISIT THE PROJECT, CONSIDER THE ENTIRE AREA X POSSIBLY 2005 AND CONDUCT A STUDY FOR GROUND WATER THE FO LOWING VOTED: TDOWS, O' DRISCOLL, ORNDORFF Recess 9: 10 p.m. 9: 14 C. 9: 14 p.m. Mayor op Pogatshnik extended efforts to make the re public hearin thanks to Ani ndations on th to hear those present regarding sign regulations. Mayor Rasmussen and the Committee for all their time, hard work and sign ordinance. Community Developmen presentation outlining the These suggested changes ordinance review commit tor, Anita ss and rec about as a issen presented a comprehensive, power point assisted idations for changes to the City' s signage regulations. of approximately nine months of meetings with the sign Anita presented an the current sign re of the and involved, the meetings conducted, the issues identified with purpose and intent to establish standards. 6

175 f The following comments Rick VanLue, Vh j explained the importance development signs with a heard venue North, f advertising bws, stating 1 Cl August; 2004 comments do not reflect entire statements made. Rapids spoke on behalf of the Board of Realtors and for realtors. VanLue asked the Council to consider was no evidence of safety issues. Tim Held, t Street 1 bringing businesses into t others out of town. Conc( banning temporary signs. Dave Werschay, 1651 Hi said that people need vis' real estate sign which is p directional signs. th owns and r is temporary signs. Held suggested the Council focus on area and with tc mporary signs being eliminated will drive his business and d of business stakeholders. therefore Held asked the Council to reconsider land Trail, St. C oud concerned of the removal of temporary signs. Werschay e signs on come rs to fmd homes that are for sale. Most homes are sold from a of the economi s of marketing. Asked the Council to consider to allow Jim Mullenbach, th committee. Mullenbach f of businesses. Mullenbac venue North, on Ms his own sign business and was also a member of the sign there was a goo I mix on the committee with business owners and stakeholders supports what A aita said, and is supportive of what came out of the committee meetings. Sandy Klocker Preside of the Board of ealtors explained the need of Realtors to service clients and the only way to service client is to bring prose ctive buyers to the product. Klocker talked about ability to locate homes for sale in dark and how d e sign helps. In order to maximize the sale, a sign is needed. Also talked about limitin t'he size of the sii n in a business area. Steve Ellen, 829 Brookwood Lane is not in support of eliminating temporary signs. Lonny Folsom, `h A venue North, St. Cloud expressed concern of eliminating temporary directional signs and does not think Ore are any safety problems involved. Asked if all members were voting members and if they all al reed. Folsom said the sign restrictions are too restrictive. Directional signs for realtors should be allowe Jane DeAustin, MN Hom builders Associa on supports directional signs. Was a member of the commission and believes ti the importance pf having and advertising community events. Home builder, Marty ReA NR Rive # Road, Rice, asked if the Tour Of Homes signs will still be okay. Lisa Schroers, 400 Pheas Drive, Sartell, iscussed changeable signs and options available to business owners. As a business o i0r, what option d )es she have to advertise other than a changeable sign? What are other tools available t her to advertise I ier business until the owner of the complex where she is renting installs a permanent sign? Mayor Pogatshnik explaft# d the benefits of ' usiness owners being a part of the Chamber of Commerce and that business are invited t attend these mee gs here at City Hall. Dave Werschay, 1651 Highland Trail, St. appreciates all the input from the committee. 7

176 August 9, 2004 Dan Schroers, 400 Phe, temporary signs and ste the main reason for the Mark Sauerer, 703 Riv neighboring cities are Jessica Hammer, Reprf the temporary sign is tl Mark Sauerer, 703 Riv regarding signage. 10: 30 p.m. public hear Drive, Sartell, asked about the abuse or lack of knowledge of the use of eded to make a change because of the abuse. Anita said there was abuse and 2e is to take clutter off the road. Sartell asked Oat St. Cloud does to enforce temporary signs? Anita said the on ordinanc s as well. sting Casey' s asked the Council not to close the door on temporary signs because only option to pr mote their business. de, Sartell said fiat St. Cloud, Waite Park and St. Joe did not pass the ordinance Was closed. Council member O' Dr boulevard. O' Driscoll events? Anita said no s Ell asked for clan cation from Anita regarding open house signs on city d if the new or nce would allow Tim Held' s signs to advertise special city g would be allow d in public right of way Council member Ornd Omdorff discussed the sign permits. said in essence, kept of promo ' ould every parcel put up signs on a corner like 3 in a row? community events and how to determine if they get temporary Mayor questioned how corners? Mayor Pogat; Council member Le, issues and concerns. ity could addr0s directional signage for subdivisions lined up on high traffic is concerned of aesthetics and safety. said she apireciated the input however feels more time is need to address A MOTION WAS MA ACTION ON THE SIC CONCERNSEXPRES SEPTEMBER 13, 2004 UPON VOTE BEING' AYE: POGATSHNIK, BY O' DRISC LL AND SECONDED BY ORNDORFF TO TABLE ORDINANCE AMENDMENT AND DIRECT STAFF TO ADDRESS D, BRINGING CHANGES BACK TO THE COUNCIL AT THE ITY COUNCIL MEETING. KEN THE FOLLOWING VOTED: WANDOWS, O' DRISCOLL, ORNDORFF OLD BUSINESS Anita Rasmussen presen the prelimin plat request for Autumn View and updated the Council on the alternate plat design of c ting an outlot m ith Steve and Colleen Pappenfus. They determined that the alternate plat design was t feasible or fa approach and wanted to proceed with the original preliminary and final plat design whi included no ad tional right of way or easement dedicated to the City. Anita explained that the Pappe s' are not will' g to give additional property to widen Riverside Avenue. 0 The property is located j t north of the intersection between Riverside Avenue an 7h Street North. The requested platting would ssentially take two platted lots and move the southern property line of tract b, south approximately 20 t. The required setbacks are 10/ 15 feet sideyard and 30 feet front and rear yard.

177 August 9, 2004 Both lots exceed the 95 requirements. The re -pl into the northerly lot. The Stearns County and Right -of -way to accomm feet. An additional 14 fee the roadway. Since the County Engi are not willing to accoi preliminary and final; Road 1 where the City process. aquare foot requ' ement. Both lots meet the minimum 50 street frontage pg of this prope essentially fixes an issue of an accessory garage encroaching I comprehens ve plan designates County Road 1 as requiring an 80 foot future anticil ated roadway expansion needs. The current Right -of -way is 66 be required or approximately 7 feet additional right -of -way on each side of mmends 80 eet of right -of -way, and because both of the property owners that provision, staff will be forced to recommend the denial of the e have been several recent platting requests for properties along County the additional right of way during the requested preliminary plat approval Mayor and Council mein accommodate the needed exchange for the donation 6f land for the C' ' s along with th property owners discussed options and alternatives to t -of-way as w 11 as the City' s willingness to refund the application fees in s lift station. A MOTION WAS M BY LEW. ADOPTING FINDING IF FACT PRELIMINARY PLAT `- PRELIMINARY AND PLAT. UPON VOTE BEING THEE AYE: POGATSHNIK, ABSTAIN: O' DRISCO WSKI APPROVING RESOLUTION # IRTING THE DENIAL OF THE AUTUMN VIEW STAFF TO REFUND THE APPLICANTION FEE FOR MOTION WAS SECONDED BY ORNDORFF. OWING VOTED: ORNDORFF A MOTION WAS MA RESOLUTION #277-0 UPON VOTE BEING' AYE: NONE NAY: POGATSHNIK, ABSTAIN: O' DRISC( MOTION FAILED BY LEW THE SKI AND SECONDED BY ORNDORFF APPROVING PRELIMINARY PLAT OF AUTUMN VIEW. iwing VOTED: ORNDORFF A MOTION WAS MA RESOLUTION AUTUMN VIEW FINE UPON VOTE BEING' AYE: POGATSHNIK, ABSTAIN: O' DRISC( It BY LEW PLAT. KEN THE AND SECONDED BY ORNDORFF ADOPTING OF FACT SUPPORTING THE DENIAL OF THE OWING VOTED: ORNDORFF 9

178 August 9, 2004 A MOTION WAS MADrI LEWj THE FINAL PLAT OF UMN UPON VOTE BEING T N THE AYE: NONE NAY: POGATSHNIEr, ANDO` ABSTAIN: O' DRISCO MOTION FAILED WSKI AND SECONDED BY ORNDORFF APPROVING OWING VOTED: ORNDORFF NEW BUSINESS a. mnal Ytat A MOTION WAS MAD BY ORNI RESOLUTION PROVIN ADDITION. UPON VOTE BEING T N THE AYE: POGATSHNIK, WANDOI AND SECONDED BY O' DRISCOLL ADOPTING FINAL PLAT OF PINE CONE MARKETPLACE 2ND OWING VOTED: O' DRISCOLL, ORNDORFF A MOTION WAS THE SITE PLAN AME MAtWA ] UPON VOTE BEING T P AYE: POGATSHNIK, RNDO F AND SECONDED BY LEWANDOWSKI APPROVING KT FOR GRANDVIEW ESTATES. THE FOI LOWING VOTED: ddows, O' DRISCOLL, ORNDORFF Chief Jim Hughes present d the police A MOTION WAS MADE BY O' DR REPORT. THE MOTI WAS SE( UPON VOTE BEING T ' N THE AYE: POGATSHNIK, IfWANDOI nent report. L ACCEPTING THE POLICE DEPARTMENT ED BY ORNDORFF. OWING VOTED: O' DRISCOLL, ORNDORFF 10

179 u August 9, 2004 A MOTION WAS M THE RECOMMENDE UPON VOTE BEING AYE: POGATSHNIK, BY EXP P WA RNDORFF AND SECONDED BY O' DRISCOLL APPROVING NDITURES. THE FOLLOWING VOTED: ddows, O' DRISCOLL, ORNDORFF PUBLIC WORKS A MOTION WAS MAl THE PUBLIC WORKS UPON VOTE BEING T AYE: POGATSHNIK, I BY ORNDORFF AND SECONDED BY O' DRISCOLL ACCEPTING ONTHLY AC IVITY REPORT. EN THE FOLLOWING VOTED: WANDOWS, O' DRISCOLL, ORNDORFF CITY ENGINEER u A MOTION WAS MA RESOLUTION PROJECT TO THE Li UPON VOTE BEING' AYE: POGATSHNIK, BY LEWANOOWSKI AND SECONDED BY ORNDORFF APPROVING WARDING T 2 %: STREET SOUTH PUBLIC IMPROVEMENT EST BIDDE R.L. LARSON IN THE AMOUNT OF $1, 095, CEN THE FO LOWING VOTED: WANDOWS, O' DRISCOLL, ORNDORFF A MOTION WAS MAI RESOLUTION IMPROVEMENTS TO AMOUNT OF $ 536,05 UPON VOTE BEING 7 AYE: POGATSHNIK, BY ORNDOR FF AND SECONDED BY LEWANDOWSKI APPROVING WARDING T BID FOR LIFT STATION #4 PUBLIC HE LOWEST I IASE BIDDER, BARBAROSSA & SONS, INC. IN THE 45. KEN THE FO LOWING VOTED: WANDOWS, O' DRISCOLL, ORNDORFF A MOTION WAS M APPROVING THE RE UPON VOTE BEING AYE: POGATSHNIK, BY QMP P WA YDRISC LL AND SECONDED BY LEWANDOWSKI ENDED ROESSIONAL DEVELOPMENT CLASSES. THE FO LOWING VOTED: 4DOWS, O' DRISCOLL, ORNDORFF 11

180 a' y 9 ii August 9, 2004 Appointment of re rese tive for consu tant selection conunittee for Wastewater Treatment Plant expansion A MOTION WAS M REPRESENTATIVE F BY O' DRISCOLL APPOINTING MAYOR POGATSHNIK AS A CONSULTA 4T SELECTION COMMITTEE FOR WASTEWATER TREATMENT PLANT OXPANSION AD D PAUL ORNDORFF AS ALTERNATE. THE MOTION WAS SECONDED BY I WANDOWSK 1. UPON VOTE BEING T WEN THE FOI LOWING VOTED: AYE: POGATSHNIK, I twandows O' DRISCOLL, ORNDORFF PAY ALL VOUCHERS A MOTION WAS MAD BY LEWAND WSKI AND SECONDED BY ORNDORFF APPROVING THE PAYMENT OF VOUCHERS. UPON VOTE BEING T N THE FO LOWING VOTED: AYE: POGATSHNIK, WANDOWS O' DRISCOLL, ORNDORFF ADJOURN A MOTION WAS MADXBY O' DRISC LL AND SECONDED BY ORNDORFF TO ADJOURN THE MEETING AT 12:, 7 A.M. UPON VOTE BEING T N THE FO OWING VOTED: AYE: POGATSHNIK, L ANDOWS O' DRISCOLL, ORNDORFF By: Secretary 12

181 0 A,iTATTTTTC / 1T T" " 7nnA SARTELL CITY COUNCIL MEETING Pursuant to due call and n itice thereof, the 1. 6h meeting of 2004 was held on August 23, 2004 in the council chambers of the Sartell C' y Hall. Mayor Pogatshnik called the meeting to order at 7: 00 p.m. COUNCIL PRESENT: Mayor ogatshnik, Council members: Blease, Lewandowski COUNCIL ABSENT: PRESENT: O' Drisc 11, Omdorff None Patti Gartland, City Administrator Judy Molitor, Administrative Secretary Brad B rders, Public Works Director Jim Hughes, Chief of Police Mike N lson, City Engineer Anita R ismussen, Planning & Community Development Director Mayor Pogatshnik welcon ad the public to die meeting. AGENDA REVIEW AN ADOPTION A MOTION WAS MAD BY SECONDED BY ORNDORFF ADOPTING THE AGENDA AS AMEND BLEASEr UPON VOTE BEING T N THE FOLLOWING VOTED: AYE: POGATSHNIK, EASE, LEW OWSKI, O' DRISCOLL, ORNDORFF A MOTION WAS MAE 9, 2004 REGULAR CIT O' DRISCOLL. UPON VOTE BEING T AYE: POGATSHNIK, BY LEWAND WSKI APPROVING THE MINUTES OF THE AUGUST COUNCIL MINETING. THE MOTION WAS SECONDED BY THE FOLLOWING VOTED: E, LEW DOWSKI, O' DRISCOLL, ORNDORFF Mark Ruff of Ehlers and bond rating upgrade by 1 this bond rating upgrade, operations with healthy f Mayor Pogatshnik thank( City last summer in an at Council member O' Drisc( are. Ruff explained that tl area. isociates presented a certificate to the Mayor acknowledging the City' s recent ody' s from a ra ' g of BAA 1 to A3. Mr. Ruff commended the City for achieving bting the City' s rapidly growing and diversifying economy, sound financial id balances and decreasing dependence on state aid. Mr. Ruff and Ci V Staff for all their hard work and efforts during the tour of the pmpt to encourage the financial advisors to review the city' s bond rating. I asked Mr. Ruff to explain the benefit of the ratings and how many ratings there highest rating is AAA which is usually acquired by larger cities in the metro 1

182 August August 23, 23, CONSENT AGENDA I a. a. Set public hear Prairie Meador b. Approval for b c. Resolution awz d. Approval of Cl e. Acceptance of for for September September lei, lei, for for aa utility utility and and drainage drainage easement easement vacation vacation request request in in rd rd purchase purchase oo election election booths booths sale sale of of and and issue issue Order Order # # 22 for for reek reek Ridge Ridge donation donation from from Apple Apple Duathalon Duathalon for for the the Police Police Reserve Reserve Office Office program program g. g. Approval Approval of of h. h. Approval Approval to to i. Resolution Resolution aa Bowl Bowl and and Ri Ri of of land land from from PP ee Lakes Lakes Plat Plat 11 final final development development agreement agreement ee National National Fir Fir Codes Codes Subscription Subscription Service Service for for code code updates updates for for three three years years gg aa premises premises permit permit renewal renewal application application for for Sartell Sartell Youth Youth Hockey Hockey / / Great Great River River Depot Depot AA MOTION MOTION WAS WAS MAD MAD AS AS AMENDED, AMENDED, MOVIP MOVIP DEPARTMENT. DEPARTMENT. THE THE PP UPON UPON VOTE VOTE BEING BEING TT AYE: AYE: POGATSHNIK, POGATSHNIK, II NAY: NONE MOTION CARRIED BY BY BLEASE BLEASE PROVING PROVING CONSENT CONSENT AGENDA AGENDA ITEMS ITEMS A A - - EE AND AND G- G- II ir ir ITEM ITEM " " F" F" TT BE BE DISCUSSED DISCUSSED UNDER UNDER THE THE PUBLIC PUBLIC WORKS WORKS TION TION WAS WAS SS CONDED CONDED BY BY LEWANDOWSKI. LEWANDOWSKI. KEN KEN THE THE FO FO LOWING LOWING VOTED: VOTED: EASE, EASE, LEW LEW DOWSKI, DOWSKI, O' O' DRISCOLL, DRISCOLL, ORNDORFF ORNDORFF PUBLIC PUBLIC HEARINGS HEARINGS 7: 7: p. p. m. m. Mayor Mayor Pogats Pogats opened opened aa CDZ CDZ zoning zoning for for Heritage Heritage?;?; Ace Ace and and of of Anita Anita Rasmussen, Rasmussen, Plannin Plannin and and Community Community Kornovich Kornovich Development. Development. '' '' aa request request is is for for Comprehensive Comprehensive Design Design ZZ e e ( ( CDZ). CDZ). Thep Thep Avenue. Avenue. The The acre acre Dro Dro had had been been ne ne hearing hearing to to hear hear those those present present regarding regarding the the establishment establishment of of the the order order of of business business for for the the hearing. hearing. ipment ipment Director Director presented presented the the request request on on behalf behalf of of of of property property recently recently petitioned petitioned for for annexation annexation to to be be is is located located south south of of Heritage Heritage Drive Drive and and west west of of 50s' 50s' for for annexation annexation in in the the spring/ spring/ summer summer of of The The future future land land use use plan plan i i '' cates cates that that the the aa ropriate ropriate use use of of this this land land would would be be for for medium medium density density ( ( town town homes homes and and twin twin homes) homes) aa mixed mixed use use ( ( ap ap ent ent and and limited limited commercial) commercial) development development due due to to its its location. location. This This property property is is in in aa good good ocation ocation to to serve serve ss aa buffer buffer and and create create aa transition transition of of uses uses between between the the commercial commercial activity activity to to the the st st and and the the exist exist gg single single family family to to the the east east and and north. north. The The CDZ CDZ district district contains contains " " ecific ecific stand& stand& development. development. The The develop develop is is proposing proposing apartment apartment development development an an acres acres of of cc cc as as demonstrated demonstrated on on the the zo zo gg map. map. as as it it relates relates to to town town home, home, apartment apartment and and commercial commercial proximately proximately acres acres for for town town home home development, development, acres acres for for dards dards would would be be implemented implemented nercial nercial development. development. Those Those stan stan The The purpose purpose of of the the CDZ CDZ for for compatible compatible adjacent adjacent standards. standards. In In addition, addition, dd topographic topographic and and geologi geologi ict ict is is to to utilize utilize pre pre - - planned planned land land use, use, which which is is designed designed to to encourage encourage aa plan plan to to protect protect and and nhance nhance land land values values and and to to achieve achieve the the highest highest aesthetical aesthetical pment pment within within aa CDZ CDZ district district will will be be required required to to preserve preserve natural natural vegetati vegetati on, on, The The Joint Joint Planning Planning an an dd staff staff approval. approval. L The The following following comments comments heard heard fr fromom public, public, comments comments do do not not reflect reflect entire entire statements statements made: made:

183 r i August 23, 2004 Lynda Peschl, "' S et South, Sartel MN questioned where the apartment buildings would be located on the property, re access woul, be located, the density with apartment building and why the owners picked the area th picked for the, partment building. Jeff Yurczyk 5200 Coun ;: Road 119 expre property and the view of ents from 1 depreciating. Yurczyk to ' d about speedi traffic will be using the r ' because of re: and sewer services would, coming from. d concerns with having the apartment building so close to his home as well as concerns of the value of his home vehicles on County Road 119 and safety issues when more nts of the apartment building. Yurczyk asked where water Phil Corbett, 652 Brianna Drive asked Anit i to point out on the plat where the apartments would be located. Will Brianna Drive exteni iall the way to P' ie Cone Road? Will the apartments be located on the corner of 50th and Brianna Drive? N then will 50s' Avenue be upgraded and what about a speed limit on 50`s9 What is the timeframe of the deve Opment and whet will the ponds be developed? Mayor Pogatshnik expla' pd that the city c the right -of -way needs to. acquired prior o upgrading. of upgrade 50th Avenue until it comes into the City and then L Jeff Hippler, 644 Brianna Drive talked abo well as safety concerns fo, 50th Avenue. Lynda Peschl, 720 l ls' S City plans to go with it? et South, Sartel 7: 35 p.m. Mayor Pogatshok closed the he, concerns of turning a farming road into a high volume road as MN talked about expanding the wetland area and where the Mayor Pogatshnik asked ibr timing on the basing process. Anita Rasmussen explained the first phase would be in 2005 consist' of townhomes, the second phase would be an apartment complex and commercial and the no st portion incl ' g some commercial would be in the third phase which would be built depending on the onstruction of east/west roadway connection from Pine Cone Road to Co. Road 1. Council member O' Drisc asked the City Engineer to explain, for the benefit of the public in attendance, how the wetlands would enhanced with tention ponds, etc. Council member Omdoi Omdorff said he cannot curves, however Omdoi stioned if the engineer' s office had reviewed options for road realignment. in the plat ba ed on the road design and his concerns of safety with 90 degree say, he has n thing against the project itself. property A MOTION WAS MA FINDINGS OF FACT PETITIONED FOR A] WAS SECONDED BY UPON VOTE BEING ' AYE: POGATSHNIK, NAY: ORNDORFF BY LEWAN WSKI APPROVING RESOLUTION ADOPTING CABLISHING THE ZONING ON CERTAIN PROPERTIES RATION TO CDZ COMPREHENSIVE DESIGN ZONE. THE MOTION THE FO LOWING VOTED: E, LEW OWSKI, O' DRISCOLL 3

184 August 23, 2004 A MOTION WAS MA THE ZONING ON CE COMPREHNESIVE E UPON VOTE BEING' AYE: POGATSHNIK, NAY: ORNDORFF BY LEWAN11 OWSKI ADOPTING ORDINANCE ESTABLISHNG AIN PROPERR IES PETITIONED FOR ANNEXATION CDZ IGN ZONE. T EFE MOTION WAS SECONDED BY O' DRISCOLL. KEN THE FO LOWING VOTED: EASE. LEWA NDOWSKI. O' DRISCOLL 7: 52 p.m. Mayor Pogo Medical Arts Campus. opened a public hearing to discuss the preliminary plat for the Regional Anita Rasmussen present 4 the revised pre iminary plat on behalf of owner /developer Lee Kruchten and the request for zoning to CD Access to the p at would be derived from Dehler Drive. This plat contemplates the extension of Connect wt Avenue (on tt a west side) and Alpine Drive (on the east side). Size of the plat lot size in this di Arict is' / 4 acre and all lots meet this minimum requirement. is 40 acres. The minim Future development will h. ed to go throug site plan review and approval. All buildings will need to meet the requirement of the C district. ecallse there is a wetland on the property, the City' s wetland ordinance would need to enforced. For elands larger than 5 acres, a 20 -foot wetland buffer is required. The total amount of park lond dedication n eded is 5% of acres which is 86,466 square feet. Up to 25% of the wetland/pond may be factored nto the dedication. No additional payment in lieu would be necessary with the excep on of any multi-i amily which may be developed on lot 7 and 6 of block 1, and could be collected at the ime a project goes through site plan approval. An east/west public stye Ihas been propos d along the central portion of the 40 acres. This plat also included the appropriate ght of way for a tensions of previously platted roads ( Connecticut Avenue and Alpine Drive 33 feet fro centerline for an eventual total right of way width of 66 feet). Forty feet of right - of -way was platted along ehler Drive for a total of 80 feet. The Joint Planning Co ssion and staff wcomniended approval of the preliminary plat based on all requests /concerns by the gngineering department being resolved. Mayor Pogatshnik asked Anita if there wete any changes to the roads on this preliminary plat, including access to the six lots in cul -de -sac. Anita said there were no changes. There were no comment Resolution approvine t from the public. Wayor Pogatshnik closed the hearing at 7: 56 p.m. Dreuminary mat of Re ional Medical Arts Campus 0 A MOTION WAS MA BY ORNDOI tff ADOPTING RESOLUTION APPROVING THE PRELIMINARY PL OF REGION MEDICAL ARTS CAMPUS. THE MOTION WAS SECONDED BY BLEi SE. UPON VOTE BEING TAKEN THE F LLOWING VOTED: AYE: POGATSHNIK, OLEASE, LEW DOWSKI, O' DRISCOLL, ORNDORFF

185 August 23, : 58 p.m. Mayor for Tiffany Meadi Millennium Homes has unit Development with requirements, lot width, the maintenance of the X The proposed developmi permanent open space cc deviations are as follows Front yard 25 Rear yard 20 Side yard 10 1 Minimum Lot c Average lot wk hearing t hear those present regarding the establishment of R -5 zoning Homes. fitted a request for the zoning of recently annexed property to be R -5, Planned ogle family hoz ties with deviations in the typical minimum setback lot sizes. An association will maintain the residential development including to roadway. is acres. Powever, nearly 18 acres would be dedicated to the City as a dor (much of w ' ch is either in a floodway or wetland). The requested lot t (30 foot typic 1) t (30 foot typic ) t ( 10 foot typic ) s 7,300 sq ( T ical lot size 9500 sf) 62 feet (75 fo t typical) r1 LJ The Joint Planning Com on this property given th Ron Smith was at the The following were co Niel Fandel, 2101 Quee '' M representing Millennium homes. approval. They felt the zoning designation was appropriate features of the property. heard, however comments do not reflect entire statements made. is not in favor of the rezoning. Todd Fritz, rd Stre and his concerned for property would abut Ci Jennifer Martinez, 241 concerned of reduced lot Ron Smith, 2100 Yd Stre as the lilacs for a buffer neighborhood. North discusse the proposed road which would pass his property within 17 feet, ss of property value. When they purchased their property, they were told their ark property and the park property would be a park, not developed with a road. i Circle, asked i the City will accept this type of zoning in the future? Martinez is zes in the City. North talked about the distance between the proposed road and property as well ng proposed. a cul -de -sac will have minimal traffic and impact on the Todd Fritz, rd Stre put the road on his side c 1 North talked more about the location of the road and suggested the developer Mayor Pogatshnik asked dta to clarify location of the road and right -of -way on the plat. Jennifer Martinez, 241 impact their value woul Circle expressed concern of less expensive homes proposed for the area and the the on the exist g homes. Todd Fritz, rd Stre North stated have his property value 10, down as a re: a road being constructed Oo close to his he just upgraded his home and yard and would prefer not to of smaller lots and homes constructed in the area in addition to 5

186 August 23, : 33 p.m. Mayor closed Council member Lew across the street from hearing. asked if the i home development would be similar to the development Council member O' Drisc density between R -1 and asked Anita to as well as the for the public, the difference in allowable single family ce in this plat and the original one. Council member Orndc Orndorff also has conce homeowners that were t road next to their home. A the City E gineer to locate and explain the 100 year flood line on the plat. i the road o the cul -de -sac to the north and said he sympathizes with the area behind em was City property for a park and now there is a proposed Mayor Pogatshnik the property to be the two option] being R -1 or R -5 zoning and Planned Unit Development for Council member Blease north through City prop Mayor Pogatshnik asked I tabling tlje request to allow staff to research the legality of a road to the the grope was originally dedicated to the City. was shown 4 a City park on the Avalon Plat? Anita said it was. Patti explained that the ro ` way to the north was constructed as a private drive only and that in order to construct a public street w would take a special legal process because the area had been dedicated to the City of Sartell. Patti will tact the City Altorney for advice. A MOTION WAS MAD ESTABLISHMENT FO MEETING. THE MOT UPON VOTE BEING T '' AYE: POGATSHNIK, Y BLEASE ABLING CONSIDERATION OF THE ZONING FFANY ME OWS TO THE SEPTEMBER 13TH CITY COUNCIL WAS SECO ] ided BY O' DRISCOLL. N THE FOI LOWING VOTED: kse, LEWAI fldowski, O' DRISCOLL, ORNDORFF 8: 55 p.m. Mayor A MOTION WAS MAD PRELIMINARY PLAT MEETING. THE MOTI UPON VOTE BEING T AYE: POGATSHNIK, B opened a publi4 hearing to consider the preliminary plat of Tiffany Meadows. Y BLEASE CONTINUE THE PUBLIC HEARING FOR THE TIFFANY M ADOWS TO SEPTEMBER 13, 2004 CITY COUNCIL WAS SECO ED BY LEWANDOWSKI. EN THE FO OWING VOTED: ASE, LEW OWSKI, O' DRISCOLL, ORNDORFF 9: 00 p.m. Mayor Pogatshnik opened a Meadows. hearing to consider the Conditional use Permit for Tiffany 6

187 August 23, 2004 A MOTION WAS MADR, BY BLEASE O CONTINUE THE PUBLIC HEARING FOR CONSIDERATION OF VJIE CONDITIONAL USE PERMIT FOR TIFFANY MEADOWS TO THE SEPTEMBER 13, 2004 LEWANDOWSKI. UPON VOTE BEING T KEN THE FO TY COUNCIL MEETING. THE MOTION WAS SECONDED BY LOWING VOTED: AYE: POGATSHNIK, JILEASE, LEW OWSKI, O' DRISCOLL, ORNDORFF OLD BUSINESS a. Public Works Director, B '' Borders provi ed a brief update on the improvements contemplated for lreker. Mr. Rek r is asking the neighborhood if they prefer a private or public Celebration Park by M facility for Celebration P Originally Re r had agreed to work with the City in developing a public dedication fun s in conjunction with City funds to establish a public pool area. splash pool using some p Council member Lewand ski asked if the ity could require the developer to establish the public pool as originally planned? City * iministrator, Patti Gartland stated that the City is committed to have this area designated for a public po `l location. Consensus of the Council in support of th Park Commission and keeping this a public pool. DEP Police Department Chief Hughes presented dog. Hughes has receiv new dog and/ or options Council updated. torandum a# d updated the Council on the deteriorating health of the canine interest by e public regarding donations to help cover cost of acquiring a hg a new d g. Chief Hughes is reviewing alternatives and will keep the Mayor Pogatshnik asked time to look back at accc departments success of u a report on the ishments and d the K -9 dog. of continuing with the K -9 process and feels this is a good benefits. Chief Hughes will provide a report and the PUBLIC WORKS Brad Borders explained area. The fencing to be i tall fence from the old c and the Township Hall. service campus parking equest to insta led is part of t] st site will be e will bea6fc The lowest bic a security fence at the police station and maintenance garage Public Service Campus plan. A portion of the existing 8 -foot cycled and used for vehicle security between the police station it tall fence installed separating the bowling alley and the public received for the fence install was from Wollak at $ 4,

188 August 23, 2004 A MOTION WAS MAID FENCE INSTALL AT I AMOUNT OF $4, 495.0( UPON VOTE BEING T AYE: POGATSHNIK, I BY BLEASE D SECONDED BY O' DRISCOLL APPROVING THE E PUBLIC SE R.VICES CAMPUS TO WOLLAK HARDWARE IN THE THE F04LOWING VOTED: E, LEW DOWSKI, O' DRISCOLL, ORNDORFF City Engineer, Mike presented the * gineer' s bi- monthly memorandum. A MOTION WAS MA) PARIONG RESTRICTI AVENUE SOUTH. TH UPON VOTE BEING T AYE: POGATSHNIK, Mike Nelson presented th project. BY ORNDOR TF APPROVING RESOLUTION RELATING TO NS ON 2ND ST ZEET SOUTH FROM PINE CONE ROAD TO 12TH 40TION WAS SECONDED BY BLEASE. KEN THE FOLLOWING VOTED: EASE, LEW OWSKI, O' DRISCOLL, ORNDORFF received fod the 2 d Street South/County road 133 Capital Improvement Bid Award for 2nd Street A MOTION WAS MAE THE BID ON 2ND STRE BROTHERS, INC. IN Z ORNDORFF. UPON VOTE BEING T AYE: POGATSHNIK, I Y O' DRISC LL APPROVING RESOLUTION AWARDING SOUTH/ CO TY ROAD 133 PROJECT # TO BAUERLY AMOUNT O $ 508, THE MOTION WAS SECONDED BY THE F( E. LEW VOTED: O' DRISCOLL, ORNDORFF A MOTION WAS MAD AID STREET FUNDS.4 UPON VOTE BEING T. AYE: POGATSHNIK, I Y LEWAND ANCE. THE EN THE FOl ASE. LEWA APPROVING RESOLUTION STATE N WAS SECONDED BY ORNDORFF. ig VOTED: KI, O' DRISCOLL, ORNDORFF Mike Nelson discussed for testing for 2 '/ 2 street construction. A MOTION WAS MAD 8,000 EXPENSE FOR UPON VOTE BEING T. AYE: POGATSHNIK, I THE F( E. LEW 7 AND SECONDED BY O' DRISCOLL APPROVING TESTING FOR 2 V. STREET CONSTRUCTION. OWING VOTED: CDOWSKI, O' DRISCOLL, ORNDORFF 8

189 i' August 23, 2004 Engineer, Mike Nelson p Rented the prelin mary engineering report for Keeneland Village consisting of street and utility improve nts. The majori y of the construction is on Connecticut Avenue and Alpine Avenue. This project inc es the extensio of Connecticut Avenue at a width of 36 feet and the construction of Alpine A ue at a width o:' 38 feet, both with curb and gutter and bituminous surfacing. The proposed constructio also includes th installation of sanitary sewer main, water main, water and sanitary sewer services, aid storm sewer. Construction will occur within public right -of -way or easements obtained by the Owner. Eftineer, Mike el son reviewed the cost of the improvements and anticipated assessments. A MOTION WAS M BY ORNDORFF ADOPTING RESOLUTION APPROVING THE FEASIBILITY REPOR AND ORDERING IMPROVEMENTS & PREPARATION OF PLANS AND SPECIFICATIO 2004 CAPIT IMPROVEMENTS FOR KEENELAND VILLAGE PROJECT # MOTION WAS SECONDED BY LEWANDOWSKI. UPON VOTE BEING N THE FOLLOWING VOTED: AYE: POGATSHNIK, EASE, LEW OWSKI, O' DRISCOLL, ORNDORFF City Engineer, Mike Nel discussed the I iioxide treatment plan in response to the corrosive hydrogen sulfide levels in our inter for line to St. loud that is believed to have caused the sewer line collapse at its connection point in St. C '' d last year. Mike presented an overview of the proposed equipment which and the equipment which needs to be furnished by the City. Approval was would be supplied by Da recommended. A MOTION WAS M BY LEW OWSKI AND SECONDED BY O' DRISCOLL APPROVING $10, 000 CHEMICALS FOR THE BIOXIDE TREATMENT. UPON VOTE BEING KEN THE FOLLOWING VOTED: AYE: POGATSHNIK, LEASE, LEWA NDOWSIU, O' DRISCOLL, ORNDORFF Anita Rasmussen presen lj' her and offered to answer questions from the Council. City Administrator `. A MOTION WAS MA THE PROFESSIONAL UPON VOTE BEING' AYE: POGATSHNIK, BY THE Fa E. LEWD L AND SECONDED BY ORNDORFF APPROVING CLASSES AS RECOMMENDED. OWING VOTED: 3OWSKI, O' DRISCOLL, ORNDORFF

190 August 23, 2004 Police Chief, Jim Hughes Oiscussed the pos ' g and hiring process to appoint a Patrol Sergeant and explained the written and ral exams adminstered. Hughes recommended the appointment of Wayne Schreiner and highlighted 4chreiner' s acco riplishments over the past five years including drug investigating, awards as v #11 as being respe ted by staff. A MOTION WAS M WAYNE SCHREINER PATROLS GEANT UPON VOTE BEING T BY O' DRISCOLL AND SECONDED BY ORNDORFF APPOINTING N THE FOLLOWING VOTED: AYE: POGATSHNIK, EASE, LEW DOWSKI, O' DRISCOLL, ORNDORFF A MOTION WAS MAD BY LEWAND WSKI AND SECONDED BY BLEASE GRANTING APPROVAL TO INIT E THE HIRING PROCESS FOR A POLICE OFFICER. UPON VOTE BEING T N THE FO OWING VOTED: AYE: POGATSHNIK, EASE, LEWAI MOWSKI, O' DRISCOLL, ORNDORFF PAY ALL VOUCHERSI u A MOTION WAS MAD BY ORNDO F AND SECONDED BY O' DRISCOLL APPROVING THE PAYMENT OF VOUCHERS. VOUCHERS. UPON VOTE BEING T NN THE THE FOLLOWING FOLLOWING VOTED: VOTED: AYE: POGATSHNIK, B ASE, LEWAP DOWSKI, O' DRISCOLL, ORNDORFF 4 ADJOURN A MOTION WAS MAD iby ORNDO AND SECONDED BY LEWANDOWSKI TO ADJOURN THE MEET G AT 10: 03 P. 1. UPON VOTE BEING T N THE FOL. OWING VOTED: AYE: POGATSHNIK, BI ASE, LEWAP DOWSKI, O' DRISCOLL, ORNDORFF ii inutes By: I{ i y Molit ' dministrative Secretary Ili MA OR h N 10

191 COUNCIL MEETING Pursuant to due call and in the conference room 4: 35 PM. thereof, 4 special workshop session was held on August 23, 2004 Sartell Ci Hall. Mayor Pogatshnik called the meeting to order at COUNCIL PRESENT: COUNCIL ABSENT: OTHERS PRESENT: Mayor Po Lewando None atshnik, Council members: O' Driscoll, Blease, ski and Orndorff Patti Gartl md, City Administrator Mary Degi ovanni, Finance Director Brad Bord rs, Public Works Director Jim Hugh s, Police Chief Ken Heim Fire Chief The Council reviewed Capital * provement Plan and had these suggestions: Feature inform so that we are ; some aesthetic Review the tin accordingly. Review the tin accordingly. Staff agreed to provide about the Sai tell Cemetery in a future newsletter to promote lot sales build up a f md for perpetual maintenance. Brad indicated that was planned on the cemetery for n our need to add to our plow truck fleet and update the Capital Plan our need tol add another squad car and update the Capital Plan with revised draft with changes highlighted BUDGET The Council reviewed the capacity and potential tax were discussed but no fin, public input through the ti should deliver to the prelii increased tax capacity froj budget with resulting levy is that existing property of City taxes for ft prelimin budget and discussed estimated growth in tax results. In reased staff in the police and public works departments zision will a made until the Council has an opportunity to obtain in taxation learing process. The Council consensus was that staff ary budget doption meeting on September w construc ion only so that the Council could consider adopting a t does note ceed that growth in tax capacity. The intended result rs with aver ae market value increases would see no increase in 13th our best estimate of FEE SCHEDULE ( Staff advised the Council preparation for the public I' artmen heads would update the proposed 2005 fee schedule in to be scheduled for October.

192 C The Council reviewed ei from an auditing firm so they nal service contracts and requested another proposal have at least two proposals to choose from for ADJOURN Mayor Pogatshnik the meetin at 6:40 PM. M utes By: Mg ry D r li iovan Finance Director MAYOR LI

193 SARTELL CITY COUNCIL MEETING MINUTES OF SEPTEMBER 13, «MEETING Pursuant to due call and notice thereof, the 17`h meeting of 2004 was held on September 13, 2004 in the council chambers of the Sartell City Hall. Mayor Pogatshnik called the meeting to order at 7: 00 p.m. COUNCIL PRESENT: COUNCIL ABSENT: PRESENT: Mayor Pogatshnik, Council members: Blease, Lewandowski O' Driscoll, Orndorff None Patti Gartland, City Administrator Judy Molitor, Administrative Secretary Brad Borders, Public Works Director Jim Hughes, Chief of Police Mike Nelson, City Engineer Anita Rasmussen, Planning & Community Development Director PLEDGE OF ALLEGIANCE Mayor Pogatshnik welcomed the public to the meeting. AGENDA REVIEW AND ADOPTION A MOTION WAS MADE BY LEWANDOWSKI AND SECONDED BY O' DRISCOLL ADOPTING THE AGENDA AS AMENDED. APPROVAL OF CITY COUNCIL MINUTES A MOTION WAS MADE BY LEWANDOWSKI APPROVING THE MINUTES OF THE AUGUST 23, 2004 REGULAR CITY COUNCIL MEETING. THE MOTION WAS SECONDED BY ORNDORFF. CONSENT AGENDA a. August Building Inspectors Report Acceptance b. City Finance Director' s Report Acceptance c. Approval of Termination of Lease Agreement and Bill of Sale with Sartell- ST. Stephen School District and the City of Sartell (bus barn purchase) d. Set a special meeting date and approve a resolution setting dates for truth -in- taxation initial and continuation hearings for 6 p.m. on Monday, November 29, e. Approval of schedule of City Council meetings for November 2004 December 2005 f. Approval of resolution supporting Stearns County' s efforts to develop a Hazard Mitigation Plan g. Approval of a resolution proclaiming Financial Planning Week in the City of Sartell h. Set public hearing for September 27, 2004, for preliminary plat application for Heritage Place i. Set public hearing for September 27, 2004, for preliminary plat application for Merc Ridge 2nd Addition j. Approval to purchase replacement generator receptacles at Lift Stations 2 and 3 for use with the new portable generator

194 September 13, Set public hearing for October 25, 2004, for proposed 2005 fee schedule and capital improvement plan m. Resolution accepting plans and specifications and setting a bid letting date for 2 p.m. October 8, 2004 for Keenland Village n. First reading and set public hearing for September 27, 2004, on an ordinance establishing a moratorium on plat approval for an area surrounding Oak Ridge school pending completion of a transportation study and plan development for the subject area and approval of transportation plan study proposal from WSB o. Approval of a block party request p. Resolutions ( 12) setting public hearings for October 11, 2004, for proposed assessment rolls q. Resolution authorizing feasibility study on capital improvement petition for County Road 1 r. Approval to submit fire grant application for pager equipment replacement AA MOTION MOTION WAS WAS MADE MADE BY BY BLEASE BLEASE APPROVING APPROVING CONSENT CONSENT AGENDA AGENDA ITEMS ITEMS A A JJ AND AND L L - - RR AS AS PRESENTED, PRESENTED, MOVING MOVING ITEM ITEM " " K" K" TO TO BE BE DISCUSSED DISCUSSED UNDER UNDER THE THE COMMUNITY COMMUNITY DEVELOPMENT DEVELOPMENT DIRECTOR. DIRECTOR. THE THE MOTION MOTION WAS WAS SECONDED SECONDED ORNDORFF. ORNDORFF. UPON UPON VOTE VOTE BEING BEING TAKEN TAKEN THE THE FOLLOWING FOLLOWING VOTED: VOTED: AYE: AYE: POGATSHNIK, POGATSHNIK, BLEASE, BLEASE, LEWANDOWSKI, LEWANDOWSKI, O' O' DRISCOLL, DRISCOLL, ORNDORFF ORNDORFF NAY: NONE MOTION CARRIED PUBLIC PUBLIC HEARINGS HEARINGS a. a. Vacation Vacation of of utility utility and and drainage drainage easements easements in in Prairie Prairie Meadows Meadows Estates Estates 7: 7: p. p. m. m. Mayor Mayor Pogatshnik Pogatshnik opened opened aa public public hearing hearing to to consider consider the the vacation vacation of of aa drainage drainage and and utility utility easement easement for for Prairie Prairie Meadows Meadows Estates. Estates. Mayor Mayor explained explained how how the the hearing hearing would would be be conducted. conducted. Community Community Development Development Director, Director, Anita Anita Rasmussen Rasmussen presented presented the the request request for for the the vacation vacation of of aa portion portion of of aa public public drainage drainage and and utility utility easement easement in in the the Prairie Prairie Meadows Meadows development. development. All All lots lots in in this this plat plat contain contain aa 6-6- foot foot drainage drainage and and utility utility easement easement on on each each side side of of the the lot lot line. line. The The proposed proposed drainage drainage and and utility utility easement easement vacation vacation is is located located between between Iots Iots 44 and and 22 of of block block No No utilities utilities were were placed placed within within the the easement. easement. The The vacation vacation is is necessary necessary to to allow allow for for the the building building to to be be constructed constructed over over the the existing existing easement. easement. All All utility utility agencies agencies have have been been notified notified of of this this request request and and no no comments comments have have been been received. received. Staff Staff is is recommending recommending approval. approval. Owner, Owner, Frank Frank Klein Klein was was present present to to address address any any concerns. concerns. There There were were no no comments comments from from the the public. public. Mayor Mayor Pogatshnik Pogatshnik closed closed the the hearing hearing at at 7: 7: p. p. m. m. Resolution Resolution approving approving vacation vacation AA MOTION MOTION WAS WAS MADE MADE BY BY ORNDORFF ORNDORFF AND AND SECONDED SECONDED BY BY BLEASE BLEASE APPROVING APPROVING RESOLUTION RESOLUTION VACATING VACATING AA PORTION PORTION OF OF AA DRAINAGE DRAINAGE AND AND UTILITY UTILITY EASEMENT EASEMENT FOR FOR PRAIRIE PRAIRIE MEADOW MEADOW ESTATES. ESTATES. UPON UPON VOTE VOTE BEING BEING TAKEN TAKEN THE THE FOLLOWING FOLLOWING VOTED: VOTED: AYE: AYE: POGATSHNIK, POGATSHNIK, BLEASE, BLEASE, LEWANDOWSKI, LEWANDOWSKI, O' O' DRISCOLL, DRISCOLL, ORNDORFF ORNDORFF NAY: NONE MOTION CARRIED Sartell Sartell Centre Centre site site plan plan approval approval Cornerstone Cornerstone Construction Construction is is requesting requesting site site plan plan approval approval for for aa commercial commercial center center to to be be located located on on the the east east side side of of Sartell Sartell on on the the corner corner of of County County Road Road and and 1" 1" Street Street NE. NE. The The existing existing zoning zoning is is B B General General Business. Business. Access Access to to the the retail/ retail/ commercial commercial center center will will be be obtained obtained through through aa series series of of utility utility and and roadway roadway ingress ingress / / egress egress easements easements recorded recorded oo the the property property by by the the primary primary developer. developer.

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196 0 September 13, 2004 According to the site plan elevation drawings the exterior of the building will be comprised of EIFS material with brick veneer columns and is in compliance with the city' s height regulations. The applicant is in compliance with the landscaping and architectural standards as well as the concrete curbing and bituminous requirements. The site plan is proposing 23 parking stalls with a minimum of 20 stalls in conjunction with the future building. City ordinance requires the mechanical equipment be enclosed or screened, however these units will be located on the rooftops. A lighting plan has been submitted to the city for review. A total of eleven parking light poles will be on site and four proposed full cut off wall packs attached to the building. The Joint Planning Commission and staff recommends approval. Council member Orndorff verified the wall packs on the building would be full cut off lighting. A MOTION WAS MADE BY O' DRISCOLL APPROVING THE SITE PLAN OF SARTELL CENTRE. THE MOTION WAS SECONDED BY BLEASE. b. Establishment of R -5 zoning for Property approved for annexation Millennium Homes has submitted a request for the zoning of recently annexed property to be R -5, Planned Unit Development with 25 single family homes with deviations in the typical minimum setback requirements, lot width, and lot sizes. An association will maintain the residential development including the maintenance of the private roadway. The proposed development is acres however, nearly 18 acres would be dedicated to the City as a permanent open space corridor (much of which is either a floodway or wetland). Requested lot deviations are: front yard 25 feet ( 30 foot typical), Rear yard 20 feet ( 30 foot typical) Side yard typical at 10 foot. Minimal lot size proposed at 7300 square foot (typical 9500) average lot width proposed at 62 feet (75 foot typical). Anita Rasmussen addressed the changes to the plat including the widening of the bike /pedestrian path through the park area to a 24' wide trail including knock down post for emergency vehicles at both egress /ingress to the park to be supplied by the developer. The Joint Planning Commission recommended approval to a PUD. They felt the zoning designation was appropriate on this property given the unique topographical features of the property. Resolution approving findings of fact to approve the establishment of R -5 zoning for Tiffany Meadows. A MOTION WAS MADE BY LEWANDOWSKI APPROVING RESOLUTION ADOPTING FINDINGS OF FACT ESTABLISHING THE ZONING ON CERTAIN PROPERTIES PETITIONED FOR ANNEXATION TO R -5 PLANNED UNIT DEVELOPMENT. THE MOTION WAS SECONDED BY BLEASE. AYE: POGATSHNIK, BLEASE, LEWANDOWSKI, O' DRISCOLL NAY: ORNDORFF

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198 0 September 13, 2004 Ordinance approving the establishment of R -5 zonin for Tiffany Meadows A MOTION WAS MADE BY LEWANDOWSKI ADOPTING ORDINANCE ESTABLISHING THE ZONING ON CERTAIN PROPERTIES PETITIONED FOR ANNEXATION R -5 PLANNED UNIT DEVELOPMENT. THE MOTION WAS SECONDED BY BLEASE. AYE: POGATSHNIK, BLEASE, LEWANDOWSKI, O' DRISCOLL NAY: ORNDORFF Preliminary plat for Tiffany Meadows 7: 30 p.m. Mayor Pogatshnik reopened the hearing which had been continued from the August 23rd City Council meeting Anita Rasmussen explained the revised preliminary plat for Tiffany Meadows as requested by Millennium Homes. This plat is located west of 19'11 Avenue and adjacent to the Pine Tree Pond and Avalon Village developments. This development would be addressed off of 19' h Avenue. Proper signage as to the range of addresses would be displayed at the intersection of 19`, Avenue. Primary access to the plat would come from 19d` Avenue with a secondary access from 3rd Street South (in Avalon Village development). This access will be located on the very westerly side of the park located within Avalon Village and will essentially be a widened park trail with knock down posts to discourage any through traffic. This trail/ emergency access will be constructed and maintained by the developer /neighborhood association. The property has significant environmental features. Building setbacks from the delineated edge of the wetland shall be 40 feet according to the City' s wetland ordinance. The development will require the approval of a WCA permit which will allow for the widening of an existing trail on the westerly side of the park. The site will also be subject to obtaining a NPDES Phase II permit from MPCA. The applicant is seeking a CUP for deviations in the typical lot dimensions. The applicant will be required to provide a total of 3 units of Lifecycle Housing. With the revised plat, all lots have a 30 foot minimum setback. A trail would be extended from the Avalon Village park/trail easterly to 19`b Avenue. This trail would be a wood chip trail which would be owned and maintained by the City. The developer had agreed to prepare and seed the wetland, upland and other areas contained with the park area with grassy /native species mix as to prevent any erosion and formation of noxious weeds. The following recommendations were made by the Joint Planning Commission and Staff: 1. All engineering comments be resolved 2. All appropriate approvals are given (WCA) 3. A minimum of 3 units be committed to Life Cycle Housing 4. The trail/ emergency access will be constructed and maintained by the developer /neighborhood association 5. The north/ south trail along the most westerly side of the plat shall be relocated in between lots 3 & block 2. This trail shall be maintained by the homeowners association. 4

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200 0 September 13, The developer shall be responsible for the replacement of all trees of a substantial nature ( 2 "), or as determined by the Planning Director, which are removed within the City Park as a result of the expanding trail/emergency road or utility installation. Developer, Ron Smith was in attendance to answer any questions. The following comments were heard from the public although comments do not reflect entire statements made: Neil Fandel, 2101 Queens Ct. Sartell, commended Ron Smith on the plat revision. Fandel asked for a clarification on the construction of the trail and knock downs and if access to the park was purchased or given to the developer or if any other compensation was offered to the developer. Fandel is concerned on what is planned for the north side of the park as well as control of weeds, elevation of a new development and water run -off into his yard. Developer, Ron Smith in conjunction with surveyor, Linda Brown discussed planting trees and a natural barrier as well as berming for screening. Todd Fritz, 2004 Yd Street North, Sartell, questioned lighting and location of street lights in the development and trees to help buffer his back yard from the proposed road. Jennifer Martinez, 241 Ash Circle, Sartell asked how close the road would be to her back property line? Martinez is concerned about the road being close to the property line, noise and lights in their back yard and the need for screening such as trees or fence on property line to help block out traffic noise, etc. Developer Ron Smith is aiming the development towards retired people and wants to come to an agreement with residents in the area. Will do what is necessary with planting trees to make existing residents happy. Surveyor, Linda Brown said the reason for the road placement is because of the wetland issue, it was the only location for this road. Neil Fandel, 2101 Queens Court verified the location of the walking path between lots 3 & 4 of Block 2. Rob Notsch, rd Street North asked the reason for the 24 foot path width. Anita said the 24 foot width is the minimum width for emergency vehicles. Jennifer Martinez, 241 Ash Circle, Sartell asked if the home on the lot adjacent to their home could be moved so it wouldn' t be so close to their lot line. Anita explained the required set backs for the development. Tom Stark, 2103 Queens Court asked if the square footage and setbacks were standard. 8: 00 p.m. Mayor Pogatshnik closed the hearing. Council member Orndorff questioned the length of the cul -de -sac and said he is also concerned of this development being in a flood area. Omdorff would prefer that land on the southern end of Sartell be developed where there appears to be more room for development. After listening to the frustrations expressed from the people in attendance and roads close to their property line Paul said he cannot support this plan. Omdorff discussed the 24' park trail with access for emergency vehicles as well as maintenance of the trail as it relates to snow storage, etc. The 62' lots is also a major concern for Omdorff.

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202 September 13, Council member Lewandowski said she appreciated the developer and staff addressing issues and making improvements which were brought forth at the last City Council meeting. She favors the buffering with trees as discussed on the Martinez lot. Council member O' Driscoll highlighted the regulations by the City given the new zoning and discussed speed control for the cul -de -sac road as well as latitude of the Council to limit the speed. Location of the street lights may also be addressed by the Council for consideration. O' Driscoll shared Omdorff s concerns on the unique property, natural features, snow storage and length of the cul -de -sac. O' Driscoll suggested using the Development Agreement to help with issues. Council member Blease discussed the difficulty of platting a property such as this with the wetlands and is troubled by the location of the road so close to the back yards of some of the residents as well as the length of the cul -de -sac. Blease suggested the developer going back to the " drawing board" and possibly relocating the road to be more friendly to the neighborhood. Blease asked if the developer would reconsider a different plan? The developer said he would not. Mayor Pogatshnik discussed moving the location of the road and a possible buffer which could conceivably end up with the same amount of lots without impacting the wetlands. Council member O' Driscoll asked how the addressing would be done for 25 lots on a private road. Council member Omdorff reiterated his concerns with 25 lots in a small area and the bigger issue with amount of land on the south side of Sartell that could be developed. Concerns of maintaining wetlands and not enough open space are issues. Omdorff suggested listening to the residents and stated that if this plat is approved the Council could set a precedence to developers. Omdorff does not agree with the 1400 ft. culde -sac and going against the allowed length of cut -de -sacs. Omdorff said he cannot support this preliminary plat. c. Preliminary plat for Tiffany Meadows A MOTION WAS MADE BY BLEASE ADOPTING RESOLUTION APPROVING THE PRELIMINARY PLAT OF TIFFANY MEADOWS. THE MOTION WAS SECONDED BY LEWANDOWSKI AYE: NONE NAY: POGATSHNIK, BLEASE, LEWANDOWSKI, O' DRISCOLL, ORNDORFF MOTION FAILED d. Conditional Use Permit for Tiffany Meadows 8: 42 p. m. Mayor reopened the public hearing for a Conditional Use Permit for Tiffany Meadows. 8: 42 p.m. Mayor closed the hearing. A MOITON OF INTENT TO DENY THE CONDITIONAL USE PERMIT FOR TIFFANY MEADDOWS WAS MADE BY BLEASE, DIRECTING STAFF TO BRING A FINDINGS OF FACT RESOLUTION TO THE CITY COUNCIL MEETING ON SEPTEMBER 27, 2004 LISTING THE REASONS FOR THE DENIAL. THE MOTION WAS SECONDED BY LEWANDOWSKI

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204 September 13, 2004 Recess 9: 45 9: 50 p.m. e. Zoning Ordinance amendment relating to signage requirement in CDZ zone. 9: 50 p. m. Mayor opened a public hearing for the purpose of considering an amendment to the signage requirements in CDZ zone. Mayor Pogatshnik explained how the hearing would be conducted. Anita Rasmussen reviewed the proposed amendments specific to signage regulations for the CDZ zoning district. CDZ zoning district includes: single and multiple residential dwelling areas, commercial & retail business areas, corporate office park and light industrial business area. Anita highlighted areas where the regulations have changed as well as those where no change was recommended. The following comments were made, however these comments do not reflect entire statements made: Tim Held, owner of Signs that Sell, h Avenue North, St. Cloud spoke in opposition to the ruling against temporary signs. Businesses need temporary signs. Held said he heard that a member of the sign committee benefited from voting against temporary signs and asked staff to check into the allocations. Joe Perski, 509 North 106' Street asked about allowing garage sale signs and kids selling lemonade in yards. 10: 00 p.m. Mayor closed the hearing. A MOTION WAS MADE BY LEWANDOWSKI ADOPTING ORDINANCE REPEALING ORDINANCE NO REGARDING SIGN REGULATIONS IN THE COMPREHENSIVE DESIGN ZONE AND REPLACING IT WITH PURPOSE AND INTENT, RULES AND REGULATIONS ON SIGN STANDARDS, DESCRIBING ALLOWABLE TEMPORARY SIGNS, PROCESSES FOR NONCONFORMING SIGNS, RULES AND REGULATIONS ON GENERAL SIGN REGULATIONS AND PROVIDING FOR THE AMENDMENTS OF THIS ORDINANCE. THE MOTION WAS SECONDED BY BLEASE. OLD BUSINESS a. Zoning Ordinance amendment relating to signage requirements Anita briefed the Council on the meeting held with representatives of the real estate industry in an attempt to identify potential alternatives or compromises for signage allowances. After several compromise scenarios failed, members of the task force along with Anita recommended that no changes be made to the current signage regulations regarding off premise - real estate signage, which is also consistent with all of the area city' s signage regulations. Anita explained the current regulations and where proposed changes are recommended. Because the public hearing had been closed at the August 9`h City Council meeting, Mayor Pogatshnik asked for Council decision to take additional comments from the public. A MOTION WAS MADE BY ORNDORFF AND SECONDED BY O' DRISCOLL TO ALLOW THE PUBLIC TO MAKE COMMENTS REGARDING SIGNAGE REQUIREMENTS FOR 20 MINUTES. 7

205 0- September 13, 2004 The following comments were heard from the public although comments do not reflect entire statements made: Rick VanLue, '' Avenue North, Sauk Rapids, discussed the amount of sales derived from real estate directional signs. The real estate industry needs signs for hard to find homes and to get homes sold, they can' t market homes on weekends only. Directional signs for subdivisions would be helpful. VanLue asked why the Council would treat real estate signs any different than political signs? Sandy Mocker, President of the Association of Realtors said the industry needs visible signs to sell homes. Mocker presented testimonials of the calls received from for sale signs. Ann Doyscher - Domres, Branch Manager of Wells Fargo approves of keeping the temporary signs, it is good for businesses. Dave Barron with Croat Kerfeld Homes suggested keeping temporary signs and issuing permits for them. Fred Herges with Herges Real Estate agrees that Realtors may be at fault with placing signs in right -of -way however would appreciate a time to train Realtors and try and make it work and control the situation, rather than just abandoning the issue. Dave Werschay, 1651 Highland Trail, St. Cloud, explained the major investment by the developers to purchase and sell land with the use of directional signs and requested the Council consider keeping the temporary signs in place. Jane DeAustin, representing CMBA talked abut the importance of temporary signs and requested the Council allow directional signs to subdivisions. Council member Blease explained that the issues is more than a clutter issue when there are 30 to 40 signs at intersections it becomes a safety issue. Blease asked if the sign committee discussed directional signage at a common location? Blease has seen it work in other communities. Council member Orndorff does agree that subdivisions may need some directional signs. Council member O' Driscoll agrees with the education and support of Realtors, monitoring the situation and make adjustments accordingly. Mayor Pogatshnik said he agrees with Council member O' Driscoll however is disappointed that the real estate businesses have not been able to come to a compromise with staff. Pogatshnik recommended the Council take the first step, adopt the Ordinance as it is presented and revisit the Ordinance regarding directional signage as it relates to builders and developers. A MOTION WAS MADE BY LEWANDOWSKI ADOPTING ORDINANCE REPEALING SECTION 10, CHAPTER 11 REGARDING SIGNS AND REPLACING IT WITH PURPOSE AND INTENTS, RULES AND REGULATIONS ON SIGN STANDARDS, DESCRIBING ALLOWABLE TEMPORARY SIGNS, PROCESSES FOR NONCONFORMING SIGNS, RULES AND REGULATIONS ON GENERAL SIGN REGULATIONS AND PROVIDING FOR THE AMENDMENTS OF THIS ORDINANCE, INCLUDING DIRECTIONAL SIGNAGE. THE MOTION WAS SECONDED BY O' DRISCOLLL

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207 r1 September 13, 2004 Pine Cone Road North strivine plan City Administrator, Patti Gartland reviewed the process of the overlay on Pine Cone Road North including three feet of additional pavement on either side of the former road. The widened roadway is now 28' wide and has been striped to provide 14' wide lanes with no shoulder. Council members discussed options of weather to remove the white striping on the shoulder area, which is costly or to leave it as it is, which includes a wider driving lane. Council member Blease suggested leaving the striping as it is and add a double yellow stripe on the center of the road for safety control of passing and speeding vehicles. Consensus of the Council is to install a double yellow stripe on the center of Pine Cone Road from 15th Street north to 27h Street North as well as construction of a turn around for the Police Department speed control. Resolution approvine the proposed 2005 general fund budget and preliminary tax levy collectible in Finance Director, Mary Degiovanni presented the proposed 2005 general fund budget and preliminary tax levy as directed by the City Council at its budget workshop. The intent of this preliminary budget and levy amount is to meet the Council' s goal of putting no tax increase on existing property owners and funding increased budget needs solely on increased tax base from new construction. Staff recommends adoption of this preliminary budget and levy amount. A MOTION WAS MADE BY LEWANDOWSKI ADOPTING RESOLUTION APPROVING THE PROPOSED 2005 GENERAL FUND BUDGET AND PRELIMINARY TAX LEVY COLLECTIBLE IN THE MOTION WAS SECONDED BY BLEASE. NEW BUSINESS Final plat for Regional Medical Arts Campus Anita presented the final plat for Regional Medical Arts Campus on behalf of the applicant Lee Kruchten. Location and access to the plat would be from Dehler Drive. This plat contemplates the extension of Connecticut Avenue on the west side and Alpine Drive on the east. Size of the parcel is 40 acres. Future development will need to go through site plan review and approval. All buildings will need to meet the requirements of the CDZ district. The total amount required for park dedication would be 5% of the acres or 86,466 square foot. No additional payment in lieu would be necessary with the exception of any multi- family which may be developed on lot 7 and 6 and Block 1 which would be collected at the time in which a project groes through site plan approval. An east/west public street has been proposed along the central portion of the 40 acres. This plat also includes the appropriate right of way for extensions of previously platted roadways ( Connecticut Avenue and Alpine Drive 33 feet from centerline for an eventual total right of way width of 66 feet). Forty feet of right of way was platted along Dehler drive for a total of 80 feet. 0

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209 September 13, 2004 The following are recommendations from the Joint Planning Commission and staff: 1. All requests /concerns by the Engineering Department are resolved 2. The applicant obtain appropriate roadway easements from the adjoining property owners for the construction of Connecticut and Alpine Avenue. The City will not be responsible for the costs associated with obtaining those easements. Those easements would need to be obtained prior to City Council approval of the final plat. 3. That Alpine Drive tee into the proposed east/west road 4. That outlot A be labeled as a Park and dedicated as such on the cover sheet. Maureen Beuning spoke on behalf of their 8. 9 acre property located SW of the Regional Medical Arts Campus, Kruchten site and her opposition to a projected street and continuation of a proposed road designated on the Kruchten plat. This street is planned to continue through the Beuning property to LeSauk Drive and would cut the Beuning property into two segments. A MOTION WAS MADE BY ORNDORFF ADOPTING RESOLUTION APPROVING THE FINAL PLAT AND FINAL DEVELOPMENT AGREEMENT OF THE REGIONAL MEDICAL ARTS CAMPUS. THE MOTION WAS SECONDED BY LEWANDOWSKI. Resolution accepting petition for public improvements and ordering feasibility study A MOTION WAS MADE BY O' DRISCOLL APPROVING RESOLUTION AUTHORIZING THE FEASIBILITY STUDY ON CAPITAL IMPROVEMENT PETITION FOR REGIONAL MEDICAL ARTS CAMPUS. THE MOTION WAS SECONDED BY ORNDORFF. Site plan approval request for The Bank Gary Vitale is requesting approval to add additional seating capacity to The Bank by enclosing the drive - through area. The existing zoning is B -2 General Business and located along 2nd Street South. There is adequate water and sewer services available. Access to the facility would be the same as existing access off 2 d Street South. The height of the addition is consistent with the existing building. Because the building addition is less than 25% of the existing building, the plan is exempt from the landscaping and screening requirements. The existing brick face will remain the same and the enclosed area will consist of steel siding. The Joint Planning Commission and staff recommends approval of the site plan conditioned on the fire inspectors recommendation of requiring the entire building being brought current with fire code issues before a certificate of occupancy is issued for the new addition. A MOTION WAS MADE BY BLEASE APPROVING THE SITE PLAN FOR THE BANK. THE MOTION WAS SECONDED BY LEWANDOWSKI. 10

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211 c: September 13, 2004 DEPARTMENT REPORTS Police Department Chief Jim Hughes presented the departments activity report. A MOTION WAS MADE BY O' DRISCOLL AND SECONDED BY ORNDORFF ACCEPTING THE POLICE DEPARTMENT' S REPORT. Chief Hughes presented a review of the canine program and requested support for the police department to pursue the purchase or donation of another dog and to accept any monetary donations from the public. If the donations run short, Chief Hughes asked for approval to use criminal forfeiture money to acquire a dog. A MOTION WAS MADE BY ORNDORFF AND SECONDED BY O' DRISCOLL AUTHORIZING SUPPORT OF THE K -9 PROGRAM AND THE RECOMMENDATIONS BY CHIEF HUGHES. Public Works Brad Borders presented his monthly activity report. A MOTION WAS MADE BY ORNDORFF AND SECONDED BY O' DRISCOLL ACCEPTING THE PUBLIC WORKS ACTIVITY REPORT. Brad Borders updated the Council on the park for Celebration and said that a plan will be presented at the next City Council meeting. City Engineer Bid award for Oak View Pond A MOTION WAS MADE BY ORNDORFF ADOPTING RESOLUTION AWARDING THE BID FOR OAK VIEW POND ESTATES 2 PROJECT # TO KUECHLE UNDERGROUND INC. IN THE AMOUNT OF $319, THE MOTION WAS SECONDED BY O' DRISCOLL. 11

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213 September 13, 2004 Bid award for Schaefer Pines A MOTION WAS MADE BY LEWANDOWSKI AND SECONDED BY ORNDORFF ADOPTING RESOLUTION AWARDING THE BID FOR SCHAEFER PINES, PROJECT # TO JR FERCHE INC. IN THE AMOUNT OF $171, Planning & Community Development Director Anita Rasmussen presented her memorandum and discussed dates that the Council would be available for the United Way fund raiser. Consent Agenda Item " k" Resolution amending the street naming policy to preclude naming and addressing private drives as public streets. A MOTION WAS MADE BY O' DRISCOLL APPROVING RESOLUTION CHANGING THE NAME OF A STREET WITHIN THE BOUNDARY OF THE CITY OF SARTELL AND WITHIN THE COUNTY OF STEARNS AND BENTON, STATE OF MINNESOTA. THE MOTION WAS SECONDED BY LEWANDOWSKI. City Administrator Professional Development A MOTION WAS MADE BY ORNDORFF AND SECONDED BY BLEASE APPROVING THE PROFESSIONAL DEVELOPMENT CLASSES AS RECOMMENDED. Motion agreeing to participate in a metro area taskforce to develop common business subsidy criteria as requested by GRIP, St. Cloud Area Joint Planning District Board, and St. Cloud Area Cities group. A MOTION WAS MADE BY O' DRSCOLL AGREEING TO PARTICIPATE IN THE METRO AREA TASK FORCE APPOINTING MARY DEGIOVANNI AS SARTELL' S REPRESENTATIVE AND ANITA RASMUSSEN AS ALTERNATE. THE MOTION WAS SECONDED BY LEWANDOWSKI. 12

214 September 13, 2004 Approval to sell excess equipment and supplies The City is considering conducting another garage sale to dispose of excess equipment and items that various departments possess on Thursday, October 14`s in the bus barn. Approval is recommended. A MOTION WAS MADE BY BLEASE AND SECONDED BY ORNDORFF APPROVING THE SALE OF EXCESS EQUIPMENT AND SUPPLIES ON OCTOBER 14, PAY ALL VOUCHERS A MOTION WAS MADE BY ORNDORFF APPROVING THE PAYMENT OF ALL VOUCHERS. THE MOTION WAS SECONDED BY LEWANDOWSKI. ADJOURN A MOTION WAS MADE BY O' DRISCOLL AND SECONDED BY LEWANDOWSKI TO ADJOURN THE MEETING AT 11: 25 P.M. Minutes By: JU4 Molito Administrative Secretary 13

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216 0 SARTELL CITY COUNCIL MEETING MINUTES OF SEPTEMBER `h MEETING Pursuant to due call and notice thereof, the 18d' meeting of 2004 was held on September 27, 2004 in the council chambers of the Sartell City Hall. Mayor Pogatshnik called the meeting to order at 7: 03 p.m. COUNCIL PRESENT: COUNCIL ABSENT: PRESENT: Mayor Pogatshnik, Council members: Blease, Lewandowski O' Driscoll, Orndorff None Patti Gartland, City Administrator Judy Molitor, Administrative Secretary Brad Borders, Public Works Director Jim Hughes, Chief of Police Mike Nelson, City Engineer Anita Rasmussen, Planning & Community Development Director PLEDGE OF ALLEGIANCE Mayor Pogatshnik welcomed the public to the meeting. AGENDA REVIEW AND ADOPTION A MOTION WAS MADE BY ORNDORFF AND SECONDED BY LEWANDOWSKI ADOPTING THE AGENDA AS AMENDED. APPROVAL OF CITY COUNCIL MINUTES A MOTION WAS MADE BY BLEASE APPROVING THE MINUTES OF THE AUGUST 23, 2004 SPECIAL BUDGET WORKSHOP MEETING AND THE SEPTEMBER 13, 2004 REGULAR CITY COUNCIL MEETING. THE MOTION WAS SECONDED BY ORNDORFF CONSENT AGENDA a. Resolution supporting legislation to extend the authorization period for local option sales tax. b. Approval of Change Order No. 1 Madison Crossing project. c. Approval to apply for a grant from the State Bar Association for Police Department youth programs d. Resolution authorizing feasibility study on capital improvement petition for River Vista Lane e. Resolution appointing election judges for General Election on November 2, 2004 f. Resolution approving a premises permit application for Gymnastics Booster Club at G- Allen' s g. Resolution authorizing increase in retirement benefits for the Sartell Fire Relief Association A MOTION WAS MADE BY LEWANDOWSKI APPROVING CONSENT AGENDA ITEMS A - G AS PRESENTED. THE MOTION WAS SECONDED BY BLEASE.

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218 PUBLIC HEARINGS September 27, 2004 Preliminary Plat Heritaee Place 7: 05 p. m. Mayor Pogatshnik opened the public hearing and explained how the hearing would be conducted Anita Rasmussen explained the request for preliminary plat approval on behalf of Kornovich Development. The size of the development is Acres located south of Heritage Drive and west of 50`x' Avenue. This development would be subject to LCH requirements. All housing and commercial development proposed with this plat would be required to go through site plan approval to ensure the plans are consistent with the CDZ district site requirements in addition to parking, landscaping, signage, lighting and fire department requirements. Approximately 420 apartment units and 172 Town home units are proposed, however are subject to site plan review which may lower or raise the final unit number. Eighty -eight units shall be committed towards the life Cycle housing commitment, meet applicable rental restrictions or selling price points. The following are roadway transportation requirements: 1. East -West Road (Robert' s Road) be a minimum of 100 feet of ROW. 2. Heritage Drive a total of 50 feet of ROW ( from centerline) has been proposed along the southerly side of heritage Drive and is consistent with the City' s Comprehensive Plan Avenue/ Heritage Drive Intersection will need to be configured with 50`x' Avenue coming in at a 90- degree angle to Heritage Drive. As the individual lots develop, each development will be required to go through site plan approval where the ingress /egress will be determined and approved. The private drive proposed for the town home development should be a minimum of 32 feet wide with a utility easement over the private drive, which is consistent with previously approved private drives. The following are trail/sidewalk transportation requirements: Brianna Drive a 6 -foot concrete sidewalk located on the southern side. 7'' Avenue South a 6 -foot concrete sidewalk shall be located on the eastern side. 50a' Avenue a 8 -foot trail/ bike path shall be located along the western side Heritage Drive an 8 -foot trail/ bike path shall be located along the south/western side Robert' s Road - an 8 -foot trail/bike path shall be located along the northerly and southerly sid The following are recommendations from the Park Commission: The Park Commission is recommending that the parkland dedication include a lateral pedestrian trail in the middle of block 5 and block 4. The remaining park dedication will be collected in a payment in lieu to improve the Huntington Ridge Park located to the east of the development. The Joint Planning Commission and staff recommend approval based on the following conditions being met: 0 1. A WCA permit must be submitted and approved by the TEP panel prior to the review by the City Council units shall be committed towards the Life Cycle housing commitment meet applicable rental restrictions or selling price point. 3. Minimum Park Dedication ($ 414,400 + or Acres) requirements are resolved.

219 September 27, As the individual lots develop, each development will be required to go through site plan approval where the ingress /egresses will be determined and approved. 5. The private drive proposed for the town home development should be a minimum of 32 feet wide with a drainage and utility easement over the private drive 6. All engineering issues are addressed. 7. That phases 2 and 3 would not be allowed to proceed without the construction of Robert' s Road to Pine Cone Road or the reconstruction of 50th Avenue occurs. The following comments were heard from the public, however comments do not reflect entire statements made: Lonnie Kornovich, Kornovich Development, Co., Inc. was present to answer questions. Phil Corbett, 652 Brianna Drive concerned of safety on 50th Avenue and Heritage drive and speeding vehicles. Phil suggested installing stop signs to slow traffic. Jeff Yurczyk 5200 County Road 119 suggested eliminating curves on major roads and possibly installing a service road. Yurczyk also is concerned about his property value going down with apartments in his back yard. Discussed wetlands cut off line and requested an explanation of how the delineated process works. Lynda Peschl, ` x' Street South thanked the developer for listening to the public concerns and said she felt they did a nice job of addressing the issues. 7: 25 p. m. Mayor Pogatshnik closed the hearing. Council member O' Driscoll talked about alternatives of traffic patterns on 50`'' Avenue and if there would be a way to work with the township to acquire right -of -way so the road could be made wider. Mayor talked about the work in process for the connection of 50th Avenue and County Road 134 right -of- way agreement. Council member Omdorff discussed the sharp curves and safety on County Road 119. Omdorff asked if staff felt comfortable with the transportation plan? Anita explained that the plan had been reviewed and staff was comfortable with it. Omdorff would like to discuss the transportation in more detail at the Public Works Meeting and feels it would be premature in approving it tonight, would like to review more options. Council member Blease discussed transportation concepts and planning issues with township land, however is comfortable with this plan. Lonnie Kornovich said that to adjust the roads would be impossible because of the township land. A MOTION WAS MADE BY BLEASE ADOPTING RESOLUTION APPROVING THE PRELIMINARY PLAT AND DEVELOPMENT AGREEMENT FOR HERITAGE PLACE. THE MOTION WAS SECONDED BY LEWANDOWSKI. AYE: POGATSHNIK, BLEASE, LEWANDOWSKI, O' DRISCOLL NAY: ORNDORFF

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221 0 Wetland Conservation Act Permit September 27, 2004 A MOTION WAS MADE BY LEWANDOWSKI ADOPTING RESOLUTION APPROVING THE WETLAND CONSERVATION ACT PERMIT FOR HERITAGE PLACE. THE MOTION WAS SECONDED BY BLEASE. AYE: POGATSHNIK, BLEASE, LEWANDOWSKI, O' DRISCOLL NAY: ORNDORFF Preliminary Plat for Merc Ridge 2 ' d Addition 8: 53 p. m. Mayor Pogatshnik opened the hearing to consider the preliminary plat for Merc Ridge 2nd Addition. Anita presented the plat on behalf of the applicant, Don Girtz Construction, Inc. The preliminary plat is approximately.74 acres in size located south of Ridge Road along High Drive. No LCH units are proposed or required to be committed in this development because this is an R -1 development. All lots meet the minimum setbacks, lot size, street frontage and average lot width for a R -1 single family development. Park dedication requirements were fulfilled as part of the original platting process therefore no additional park dedication is required. No trails or sidewalks are proposed in this development. This development will be utilizing platted right of way, which is 66 feet wide and an existing cul -de -sac right of way of 50 feet. The cul -de -sac will be constructed with the typical 45' curb -to -curb radius. At one point, high Drive did extend south through the Sauk Rapids border. However, the City of Sauk Rapids isapproved (nearly 20 years ago) the vacation of a 10 -foot wide portion of that roadway. At this point, it is not feasible to have High Drive to extend southerly into Sauk Rapids. An additional 3 feet has been added to the typical drainage and utility easement along the cul -de -sac to accommodate additional snow storage. The Planning Commission and staff recommends approval of the preliminary plat provided the concerns of the engineering department are met. The following comment were heard from the public however comments do not reflect entire statements made: Ken Storms, 306 Ridge Road asked where snow will be stored and how traffic going through to Sauk Rapids will be stopped. Bob Aurelius, 2060 High Drive, Sauk Rapids, MN was also expressing concerns from his neighbors as well as himself regarding water run off into his property. Aurelius presented pictures of damage from run -off onto his lot. Carla Fuchs, 421 Highview Drive questioned setback for the home which will be built on the lot in her back yard. 8: 04 p.m. Mayor Pogatshnik closed the hearing. Council member Lewandowski asked the City Engineer, Mike Nelson to explain how this design would be constructed to cut the water flow and help eliminate the flooding of property. Site grading was explained. 4

222 September 27, 2004 A MOTION WAS MADE BY O' DRISCOLL AND SECONDED BY LEWANDOWSKI ADOPTING RESOLUTION APPROVING THE PRELIMINARY PLAT OF MERC RIDGE 2ND ADDITION. Final Plat and development agreement for Mere Ridge 2 d Addition. On behalf of the developer and applicant, Anita Rasmussen presented the final plat and development agreement for Merc Ridge 2 "d Addition. Size of the property is. 74 acres south of Ridge Road along High Drive. The final plat is consistent with the preliminary plat which was just approved. A MOTION WAS MADE BY LEWANDOWSKI ADOPTING RESOLUTION APPROVING THE FINAL PLAT AND FINAL DEVELOPMENT AGREEMENT FOR MERC RIDGE 2ND ADDITION. THE MOTION WAS SECONDED BY O' DRISCOLL. Ordinance establishing a moratorium on plat approval 8: 18 p.m. Mayor Pogatshnik opened the public hearing. Anita explained the need for a more detailed level of transportation planning in the area of Oak Ridge Elementary. In particular the need to detern-iine the public street system and points of access from the school site. The City Council has approved a contract for consultant services with WSB for a transportation study and plan that would be funded 70% by the City and 30% by the School District. Pending completion of this study, we are recommending that a moratorium on plat approvals occur. The moratorium would remain in effect for six months from the day after publication, however staff anticipates the study would be completed prior to six months. The action requested at this time is to conduct the public hearing and adopt the proposed moratorium ordinance. The following comments were heard, although comments do not reflect entire statements made: Ernie Wollak, Wollak Construction favors the study, was just wondering why it wasn' t done 5 years ago, even before Blackberry Ridge existed? Wollak prefers the study be completed as soon as possible. Joe Perske `x' Street North stated earlier a road was determined to be between the new school and high school and was wondering if that is still the plan? Mayor explained that would be the reason for the transportation study, to determine location of roads. Don Fenlason nd Street North would prefer the study be completed in 90 days. Jane DeAustin representing CMBA suggested doing more through the planning process rather than a moratorium. 8: 29 p.m. Mayor Pogatshnik closed the hearing.

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224 September 27, 2004 A MOTION WAS MADE BY ORNDORFF AND SECONDED BY LEWANDOWSKI ADOPTING ORDINANCE ESTABLISHING A MORATORIUM ON PLAT APPROVAL FOR AN AREA SURROUNDING OAK RIDGE SCHOOL PENDING COMPLETION OF A TRANSPORTATION STUDY AND PLAN DEVELOPMENT FOR THE SUBJECT AREA. Old Business Tiffany Meadows Conditional Use Permit Approval of resolution of findings of fact denvina the Conditional Use Permit request A MOTION WAS MADE BY ORNDORFF APPROVING RESOLUTION ADOPTING FINDINGS OF FACT SUPPORTING THE DENIAL OF A REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW FOR A MIX OF RESIDENTIAL AND TO DEVIATE FROM THE MINIMUM LOT AND STREET STANDARD REQUIREMENTS IN AN R -5 PLANNED UNIT DEVELOPMENT DISTRICT. THE MOTION WAS SECONDED BY LEWANDOWSKI. Resolution approving Conditional Use Permit A MOTION WAS MADE BY ORNDORFF ADOPTING RESOLUTION APPROVING THE ISSUANCE OF A CONDITIONAL USE PERMIT AND DECLARING TERMS OF PERMIT TO ALLOW FOR A MIX OF RESIDENTIAL UNITS AND TO DEVIATE FROM THE MINIMUM LOT STANDARDS IN AN R -5 PLANNED UNIT DEVELOPMENT DISTRICT. THE MOTION WAS SECONDED BY O' DRISCOLL. AYE: NONE NAY: POGATSHNIK, BLEASE, LEWANDOWSKI, O' DRISCOLL, ORNDORFF Celebration Park Site Plan Public Works Director, Brad Borders presented the site plan and budget for the new Celebration Park wading pool. The park is located at the intersection of 19`h Avenue North and 11`' Street North and is approximately 1. 8 acres in size. Amenities in the park will include a wading pool with spray head, park shelter, playground, parking lot, sidewalks and possibly a mini soccer field. The wading pool will be constructed to a dimension of 40' x 40' with a spray head in the center. There will be a 10' wide concrete platform around the pool with a chain link fence around the platform. The park shelter will include restrooms, mechanical room, drinking fountain and covered picnic area. The total cost is estimated at $ 166, 100. Revenues for funding will come from the City of Sartell (park dedication owed by Marty Reker) $ 45, , Park dedication funds $ 15, 000 and the balance from Marty Reker. Mr Reker has agreed to fund any expenses over $ 166,

225 September 27, 2004 A MOTION WAS MADE BY BLEASE AND SECONDED BY LEWANDOWSKI APPROVING THE SITE PLAN AND BUDGET OF CELEBRATION PARK AS RECOMMENDED. NEW BUSINESS Approval of off -sale liquor license application from Westside Liquor Bob Feuling of Westside Liquor appeared before the Council to request approval of an off -sale intoxicating liquor license application for the location currently occupied by Pine Cone Liquors. A MOTION WAS MADE BY ORNDORFF APPROVING THE OFF -SALE LIQUOR LICENSE APPLICATION FOR PINE CONE LIQUORS. THE MOTION WAS SECONDED BY BLEASE. DEPARTMENT REPORTS 0 Police Dept. Chief Hughes presented his bi- monthly memorandum. Public Works Director, Brad Borders discussed the results from the Park Commission meeting regarding the installation of streetlights on Benton Drive south of County Road 29. Borders intends to bring cost estimates for the streetlights and installation timeline to the Council at the October 11' x' meeting. City Engineer 7`n Street North sidewalk Engineer, Mike Nelson reviewed the plans for a sidewalk on 7d' Street North and explained that with the assessments to the residents over a 10 year plan, the cost would be approximately $4 per month. Mike discussed a location for the sidewalk and recommended it be placed right behind the curb. Council member O' Driscoll suggested inviting the residents back to an informational meeting and let them know the amount of assessments per resident, if the project moves forward. City Administrator, Patti Gartland will discuss maintenance of the sidewalk with the school district. With direction from the Council, Mike Nelson will redesign the sidewalk to be located behind the curb, complete project by July 1, 2005 and schedule an informational meeting with the residents. Council member Orndorff favors the sidewalk behind the curb, however is concerned with the financial obligations to the residents.

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227 September 27, 2004 A MOTION WAS MADE BY LEWANDOWSKI AND SECONDED BY BLEASE APPROVING THE PLANS AND SPECS FOR A SIDEWALK BEHIND THE CURB ON 7TH STREET NORTH. Mike Nelson updated the Council on the current city projects. Planning & Community Development Director Director, Anita Rasmussen reminded the Council of the United Way meeting on October 18th from 11: 30 1: 00. Anita also asked for approval to set a joint meeting between the Planning Commission and City Council possibly in November. City Administrator A MOTION WAS MADE BY LEWANDOWSKI APPROVING THE RECOMMENDED PROFESSIONAL DEVELOPMENT CLASSES FOR BRAD BORDERS, NOEL BLAIS AND ANITA RASMUSSEN. THE MOTION WAS SECONDED BY O' DRISCOLL. Council discussed options to re -elect members for the Joint Planning Commission or Park Commission. Mayor Pogatsbnik asked for a list of members and when terms start and expire. It was the consensus of the Council to advertise and take applications for all expired terms. PAY ALL VOUCHERS A MOTION WAS MADE BY BLEASE AND SECONDED BY LEWANDOWSKI APPROVING THE PAYMENT OF ALL VOUCHERS. ADJOURN A MOTION WAS MADE BY ORNDORFF AND SECONDED BY O' DRISCOLL TO ADJOURN THE MEETING AT 9: 30 P.M. Minutes By: Ju y Molita Administrative Secretary 1 r 1l..11 P0 1F& A

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229 SARTELL CITY COUNCIL MEETING MINUTES OF OCTOBER "' MEETING Pursuant to due call and notice thereof, the 19 meeting of 2004 was held on October 11, 2004 in the council chambers of the Sartell City Hall. Acting Mayor Jeff Blease called the meeting to order at 7: 02 p.m. COUNCIL PRESENT: COUNCIL ABSENT: PRESENT: Council members: Blease, Lewandowski O' Driscoll, Omdorff Mayor Pogatshnik Patti Gartland, City Administrator Judy Molitor, Administrative Secretary Brad Borders, Public Works Director Dale Struffert, Assistant Chief of Police Mike Nelson, City Engineer Anita Rasmussen, Planning & Community Development Director PLEDGE OF ALLEGIANCE Acting Mayor, Jeff Blease welcomed the public to the meeting AGENDA REVIEW AND ADOPTION A MOTION WAS MADE BY ORNDORFF AND SECONDED BY ODRISCOLL ADOPTING THE AGENDA AS AMENDED. AYE: BLEASE, LEWANDOWSKI, O' DRISCOLL, ORNDORFF 49 APPROVAL OF CITY COUNCIL MINUTES A MOTION WAS MADE BY LEWANDOWSKI APPROVING THE MINUTES OF THE SEPTEMBER 27, 2004 REGULAR CITY COUNCIL MEETING AS PRESENTED. THE MOTION WAS SECONDED BY ORNDORFF. AYE: BLEASE, LEWANDOWSKI, O' DRISCOLL, ORNDORFF CONSENT AGENDA a. September Building Inspectors Report Acceptance b. City Finance Director' s Report Acceptance c. Public Work' s Commission meeting notes of September 14, d. Approval of Termination of Lease Agreement and Bill of Sale with Sartell -St. Stephen School District and the City of Sartell (bus barn purchase revised) e. Approval to purchase used air compressor from Sartell -St. Stephen School District f. Resolution setting a public hearing for October 25, 2004, on a variance request for 622 5" Street North for garage g. Resolution setting a public hearing for October 25, 2004, on a variance request for 922 5"' Street North for a parking pad h. Resolution approving application for exemption from lawful gambling permit ( St. Francis Xavier Church, bingo, November 14, 2004) i. Resolution authorizing amendment of budget line items for the 2004 utility fund operating budget j. First reading and set public hearing for October 25, 2004, for an ordinance amending the City fee schedule.

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231 October 11, 2004 k. Approval to release the letter of credit security requirement for Watab Springs 3 1. Resolution authorizing fund transfers effective September 30, 2004 m. Approval of contract for services with Kern DeWinter for professional auditing services and GASB 34 pre -audit and implementation n. Acceptance of $1, 000 donation of biohazard equipment from Central MN Emergency Management o. Resolution approving application for exemption from lawful gambling permit (Allina Health Systems dba Abbott Northwestern Specialty Care Center, raffle, October 25, 2004 p. Approval of low quote to seed mitigated wetland area at new compost site. q. Approval of Change Order No. I for the Pine Cone Road North project. A MOTION WAS MADE BY O' DRISCOLL APPROVING CONSENT AGENDA ITEMS A - Q AS PRESENTED. THE MOTION WAS SECONDED BY LEWANDOWSKI. AYE: BLEASE, LEWANDOWSKI, O' DRISCOLL, ORNDORFF PUBLIC HEARINGS Acting Mayor, Blease explained how the following hearings would be conducted. The public hearing was opened at 7: 06 p.m. a. 2 -'/ Z Street North public improvement project assessment roll. City Engineer, Mike Nelson described the location of the project. The 2 '/ 2 Street North project is a State 69 Aid project and includes the reconstruction and widening of 2 '/ Z Street North from Pine Cone Road west to 19a' Avenue North. The final rate used for assessments was discussed in the Preliminary Engineering Report and is consistent with the rate charged to benefiting properties on past State Aid Projects. Total cost of the project is $ 1, 434, , total assessments are $ 94, The following comments were heard from the public although comments do not reflect entire statements made: Wayne Burnell, a` Avenue North expressed concern about a three year old project involving trees and restoration on his property, however did say that he had talked to the City Engineer today and his concerns will be taken care of Mike Nelson assured the Council that restoration will be completed as part of this project, discussing location and scheduling timelines. Mike Nelson recommended the Council consider reducing the assessment at '/ Street North by one half due to the property side yard being located on 2 '/ z Street and the assessments being approximately double compared to the other property owners. Council member Lewandowski asked if the Council has the ability to approve at the full rate and then adjust to a lower rate at a later date? Council member O' Driscoll asked how this differs from other situations in the past? Sid Williamson explained that the second lot on this property has had occasional flooding and that he wasn' t sure if a second driveway off 2 '/ z Street would be allowed. Council member O' Driscoll asked how the assessments were handled in West Meadows given the amount of wetlands.

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233 October 11, 2004 City Administrator, Patti Gartland stated that the Council has the ability to authorize staff to make adjustments downward and, looking forward, consider developing a policy to cover assessments for larger lots, such as when typical larger township lots are annexed into the City. Jmie Grurebele, d' Avenue North asked why only 10 lots were assessed and not the rest of the lots along 2 ' h Street? Jmie also said he was told there would be a second informational meeting to discuss the project and asked why one was never held? 7: 31 p.m. the public hearing was closed. Council member O' Driscoll asked if the City was receiving State Aid funds on this project and along with that if the City has the ability to reduce the assessment rates? Mike Nelson responded that the City is receiving State Aid and can reduce the assessments, if they choose. A MOTION WAS MADE BY O' DRISCOLL APPROVING RESOLUTION ASSESSMENT ROLL FOR 2 %z STREET NORTH IMPROVEMETNS PROJECT # AUTHORIZING STAFF TO RE- EVALUATE THE ASSESSMENTS AT %z STREET NORTH. THE MOTION WAS SECONDED BY LEWANDOWSKI. Council member Orndorff said rather than giving staff a " blank check" to lower the assessments on Street North, he prefers to defer action to the Public Works Commission and have them make a recommendation to staff. Both O' Driscoll and Lewandowski agreed to amend their motions. Resolution adopting assessment 2 % Street North ow A MOTION WAS MADE BY O' DRISCOLL APPROVING RESOLUTION ASSESSMENT ROLL FOR 2 %2 STREET NORTH IMPROVEMENTS PROJECT # AUTHORIZING THE PUBLIC WORKS COMMISSION TO RE- EVALUATE THE ASSESSMENTS FOR '/: STREET NORTH AND MAKE A RECOMMENDATION TO STAFF. THE MOTION WAS SECONDED BY LEWANDOWSKI. AYE: BLEASE, LEWANDOWSKI, O' DRISCOLL, ORNDORFF b. 2 d Street South/ CSAH 133 & Stone Path Village public improvement proiect assessment roll 7: 38 p.m. Acting Mayor Blease opened the hearing and Mike Nelson explained the project for Stone Path Village /Second Street South/ Madison Square located at the intersection of Pine Cone Road and 2nd Street South. This project included utility construction and the reconstruction of 2nd Street South. Total cost of the project is $ 1, 025, Mike Nelson discussed the assessments for Sundance III, LLC and the purchase by the city of an easement which was agreed upon between the City and Sundance as a separately assessable amount against the Sundance property alone. According to the easement negotiations, assessments for the Sundance property shall be for a term of 10 years with interest at 6% per annum. There were no comments from the public. Blease closed the hearing at 7: 43 p.m.

234 October 11, 2004 Resolution adopting assessment ( 2 d Street South /CSAH 133 & Stone Path Village) A MOTION WAS MADE BY LEWANDOWSKI ADOPTING RESOLUTION APPROVING THE ASSESSMENT ROLL FOR 2ND STREET SOUTH/ CSAH 133 IMPROVEMENTS PROJECT AND STONE PATH VILLAGE IMPROVEMENTS PROJECT # THE MOTION WAS SECONDED BY ORNDORFF. AYE: BLEASE, LEWANDOWSKI, O' DRISCOLL, ORNDORFF A MOTION WAS MADE BY O' DRISCOLL AND SECONDED BY ORNDORFF SETTING A SUPPLEMENTAL PUBLIC HEARING FOR NOVEMBER 8, 2004 IF NECESSARY FOR SUPPLEMENTAL ASSESSMENT OF THE EASEMENT ON THE SUNDANCE III, LLC PROPERTY. AYE: BLEASE, LEWANDOWSKI, O' DRISCOLL, ORNDORFF c. Oak View Pond 2 public improvement project assessment roll 7: 47 p. m. Blease opened the hearing for Oak View Pond 2 and Mike Nelson explained the project. Oak View Pond 2 is a 22 lot residential development south of 1St Street NE and east of l Vh Avenue South. Average cost per lot is $ 20, and total assessments is $ 444, MThere were no comments from the public, the hearing was closed at 7: 48 p.m. Resolution adopting assessment ( Oak View Pond 21 A MOTION WAS MADE BY O' DRISCOLL ADOPTING RESOLUTION APPROVING ASSESSMENT ROLL FOR OAK VIEW POND ESTATES 2 IMPROVEMENTS PROJECT # THE MOTION WAS SECONDED BY ORNDORFF. AYE: BLEASE, LEWANDOWSKI, O' DRISCOLL, ORNDORFF d. 1" Street NE/ Prairie Meadow public improvement project assessment roll 7: 49 p. m. Blease opened the hearing for the 1 St Street NE/Prairie Meadow public improvements and Engineer Mike Nelson outlined the project. Prairie Meadow Estates is a six lot commercial development on the south side of 10 Avenue East and Prairie Meadows Estates Plat 2 is a five lot commercial development with a large outlot on the north side of 14'h Avenue East. Nelson explained that the assessments were figured by square footage because of the layout of the development. Total assessments of the project is 530, The public hearing was closed at 7: 52. There were no comments from the public. 4

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236 October 11, 2004 Resolution adoptine assessment Ust Street NE/Prairie Meadow) A MOTION WAS MADE BY LEWANDOWSKI ADOPTING RESOLUTION APPROVING ASSESSMENT ROLL FOR 1sT STREET NE/PRAIRIE MEADOWS AND PRAIRIE MEADOWS 2 IMPROVEMENTS PROJECT # THE MOTION WAS SECONDED BY ORNDORFF AYE: BLEASE, LEWANDOWSKI, O' DRISCOLL, ORNDORFF e. 4" Avenue /3` d Street South/Middletown public improvement proiect assessment roll 7: 53 p.m. Blease opened the hearing for public improvements for 4'h Avenue /3`d Street South and Middletown projects. Mike explained the Middletown Plat 2 project which is 24 single family lots and 2 multi - family lot development located just south of 2nd Street South and west of the re- aligned 0' Avenue South. Total cost of the project is $352, There were no comments from the public, the hearing was closed at 7: 56 p. m. Resolution adopting assessment for 4th Avenue /3`dStreet South/Middletown 09 A MOTION WAS MADE BY ORNDORFF ADOPTING RESOLUTION APPROVING ASSESSMENT ROLL 4TH AVENUE 312D STREET SOUTH/MIDDLETOWN IMPROVEMENTS PROJECT THE MOTION WAS SECONDED BY LEWANDOWSKI. AYE: BLEASE, LEWANDOWSKI, O' DRISCOLL, ORNDORFF f. Avalon 4/ Fox Run 2 public improvement proiect assessment roll 7: 57 p.m. Blease opened the public hearing for Avalon 4117ox Run 2 public improvement project assessment roll. Engineer Mike Nelson outlined the Avalon Village 4 project consisting of 28 residential lots and Fox Run of Avalon Village 2 consisting of 22 patio home lots. The project is located near 3` d street north and west of 20`h Avenue North. Total cost of the project is $ 1, 317, There were no comments from the public and the hearing was closed at 8: 03 p.m. Resolution adopting assessment for Avalon 4/ Fox Run 2 A MOTION WAS MADE BY O' DRISCOLL AND SECONDED BY ORNDORFF ADOPTING RESOLUTION APPROVING ASSESSMENT ROLL OF FOX RUN OF AVALON VILLAGE PLAT 2 AND AVALON VILLAGER PLAT 4 IMPROVEMENTS PROJECT # AYE: BLEASE, LEWANDOWSKI, O' DRISCOLL, ORNDORFF

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238 October 11, 2004 g. Creek Ridge public improvement project assessment roll 8: 04 p. m. Blease opened a public hearing for Creek Ridge public improvement project assessments. Mike Nelson outlined the 22 lot residential development north of 9`h Street NE at 4t` Avenue East. Total cost of the project is $ 337, There were no comments from the public, the hearing was closed at 8: 05 p.m. Resolution adopting assessment for Creek Ridge A MOTION WAS MADE BY LEWANDOWSKI ADOPTING RESOLUTION APPROVING THE ASSESSMNT ROLL FOR CREEK RIDGE IMPROVEMENTS PROJECT # THE MOTION WAS SECONDED BY ORNDORFF. AYE: BLEASE, LEWANDOWSKI, O' DRISCOLL, ORNDORFF h. Huntington Ridge 5 public improvement project assessment roll 8: 06 p.m. Blease opened a public hearing for Huntington Ridge 5 public improvement project assessments. Mike Nelson reviewed the 8 lot residential development located south of Heritage Drive and east of 50`b Avenue. There was a higher than anticipated costs due to a late bid and extensive site grading requested by the developer. This development contains larger than average lots for upscale homes. Total cost of the project is $ 270, There were no comments from the public and the hearing was closed at 8: 08 p.m. Resolution adopting assessments for Huntington Ridge 5 A MOTION WAS MADE BY LEWANDOWSKI AND SECONDED BY O' DRISCOLL ADOPTING RESOLUTION APPROVING ASSESSMENT ROLL FOR HUNTINGTON RIDGE 5 IMPROVEMENTS PROJECT # AYE: BLEASE, LEWANDOWSKI, O' DRISCOLL, ORNDORFF i. Madison Crossing public improvement proiect assessment roll 8: 11 p. m. Blease opened a public hearing for Madison Crossing public improvement project. Mike Nelson explained the project and reviewed the cost of the 59 lot residential development with three outlots for future phases, located south of 2 a Street south and extending south to County Road 133. Total cost of the project is $ 1, 717, There were no comments from the public. Blease closed the hearing at 8: 14 p.m. Resolution adopting assessment for Madison Crossing 6

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240 October 11, 2004 A MOTION WAS MADE BY ORNDORFF ADOPTING RESOLUTION APPROVING ASSESSMENT ROLL FOR MADISON CROSSING IMPROVEMENTS PROJECT # THE MOTION WAS SECONDED BY O' DRISCOLL. AYE: BLEASE, LEWANDOWSKI, O' DRISCOLL, ORNDORFF j. Stonebrook 2 public improvement protect assessment roll 8: 15 p.m. Blease opened a public hearing for Stonebrook 2 public improvements project assessments. Mike Nelson explained the project consisting of 32 residential lots just south of 2 '/ z Street North and east of 19s' Avenue North. Total cost of the project is $ 628, There were no comments from the public and the hearing was closed at 8: 16 p.m. Resolution adopting assessments for Stonebrook 2 40 A MOTION WAS MADE BY ORNDORFF ADOPTING RESOLUTION APPROVING ASSESSMENT ROLL FOR STONEBROOK ESTATES PLAT 2 IMPROVEMENTS PROJECT THE MOTION WAS SECONDED BY O' DRISCOLL. AYE: BLEASE, LEWANDOWSKI, O' DRISCOLL, ORNDORFF DEPARTMENT REPORTS Police Department Assistant Police Chief presented the police activity report. A MOTION WAS MADE BY O' DRISCOLL ACCEPTING THE POLICE MONTHLY ACTIVITY REPORT. THE MOTION WAS SECONDED BY ORNDORFF AYE: BLEASE, LEWANDOWSKI, O' DRISCOLL, ORNDORFF Public Works Monthly Activity Report Director, Brad Borders presented his monthly activity report. A MOTION WAS MADE BY ORNDORFF AND SECONDED BY LEWANDOWSKI ACCEPTING THE REPORT AS PRESENTED. AYE: BLEASE, LEWANDOWSKI, O' DRISCOLL, ORNDORFF 7

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242 October 11, 2004 Brad discussed the cost issue with installing street lights on Benton Drive and Magnolia Place. Council member Omdorff said that after checking into the price to install light poles, he cannot support the price quoted to install lights on Benton Drive and suggested the issue be discussed at the Public Works commission for further cost saving options. Brad Borders recommended the Council allow the Public Works Commission to search out prices and installation timelines and proceed with these projects if they seem reasonable. A MOTION WAS MADE BY ORNDORFF EMPOWERING THE PUBLIC WORKS COMMISSION TO ACQUIRE A BREAKDOWN OF COSTS FROM XCEL ENERGY AS WELL AS A MAINTENANCE FEE ON THE STREET LIGHTS FOR BOTH BENTON DRIVE AND MAGNOLIA PLACE AND AUTHORIZING STAFF TO PROCEED SUBJECT TO PUBLIC WORKS APPROVAL. THE MOTION WAS SECONDED BY LEWANDOWSKI. AYE: BLEASE, LEWANDOWSKI, O' DRISCOLL, ORNDORFF City Engineer Consideration of 7th Street North sidewalk quotes City Engineer, Mike Nelson discussed quotes for the sidewalk on 7d' Street North. Council member O' Driscoll talked about the promise made at the time of the public hearing to the residents of Oak Hill to hold an informational meeting before making a decision on whether to go ahead with the project and explain any financial impact the project may have to the residents. Lewandowski discussed how to handle safety issues for this winter if the project will be done in Spring of Consensus of the Council was to advised the Engineer' s office to arrange an informational meeting for residents and defer action to the Public Works Commission November meeting and if the project is to move forward, look for work to be done in spring of Consideration of bids for the Keeneland Village development.. City Engineer, Mike Nelson explained that the developer of Keeneland Village has withdrawn his request to award the bids for Keeneland Village and has decided to move forward with the project on a private basis. Nelson discussed options on how to avoid developers from backing out after the bids have been taken and to avoid extra cost/time by the Engineering firm in preparing reports, etc. Former, City Engineer, Sid Williamson talked about concerns of outlet connections being completed in a timely manner with adjacent developments. City Administrator, Patti Gartland will contact legal council as well as the developer to help resolve issues. A MOTION WAS MADE BY ORNDORFF AND SECONDED BY O' DRISCOLL TABLING ACTION ON THE KEENELAND VILLAGE CAPITAL IMPROVEMENTS PROJECT. AYE: BLEASE, LEWANDOWSKI, O' DRISCOLL, ORNDORFF NAY :NONE Planning & Community Development Director

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244 October 11, 2004 Director, Anita Rasmussen discussed the upcoming vacancy on the Joint Planning Commission because one of the members will be moving out of town. Based on the number of applications received to fill this vacancy, Anita asked to reserve time either November 22nd or 29d' for interviews by the City Council. Amend Keeneland Development Agreement A MOTION WAS MADE BY ORNDORFF AND SECONDED BY LEWANDOWSKI TABLING ACTION ON THE KEENELAND VILLAGE DEVELOPMENT AGREEMENT. AYE: BLEASE, LEWANDOWSKI, O' DRISCOLL, ORNDORFF City Administrator Patti Gartland reminded the Council of the United Way lunch meeting on October 18d', would appreciate it if the Council could attend. CITY COUNCIL UPDATE Council member Orndorff discussed the light issue at Little Dukes and suggested staff send a second reminder notice. 4W PAY ALL VOUCHERS A MOTION WAS MADE BY O' DRISCOLL AND SECONDED BY ORNDORFF APPROVING THE PAYMENT OF ALL VOUCHERS. AYE: BLEASE, LEWANDOWSKI, O' DRISCOLL, ORNDORFF ADJOURN A MOTION WAS MADE BY O' DRISCOLL AND SECONDED BY ORNDORFF TO ADJOURN THE MEETING AT 9 :25 P.M. AYE: BLEASE, LEWANDOWSKI, O' DRISCOLL, ORNDORFF Minutes By: JU6 MolitolW Administrative Secretary MAYOR

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246 SARTELL CITY COUNCIL SPECIAL MEETING MINUTES OF OCTOBER Pursuant to due call and notice thereof, a special meeting was held on October 18, 2004 in the council chambers of the Sartell City Hall. Mayor Pogatshnik called the meeting to order at 6: 03 p.m. COUNCIL PRESENT: Mayor Pogatshnik, Mary Lewandowski, Tim O' Driscoll, Jeff Blease, Paul Orndorff ALSO PRESENT: Patti Gartland, City Administrator Anita Rasmussen, Planning & Community Development Director Mike Nelson, City Engineer AGENDA REVIEW AND ADOPTION A MOTION WAS MADE BY ORNDORFF ADOPTING THE AGENDA. THE MOTION WAS SECONDED BY O' DRISCOLL. AYE: POGATSHNIK, LEWANDOWSKI, O' DRISCOLL, ORNDORFF CONSIDERATION OF BIDS FOR KEENELAND VILLAGE DEVELOPMENT Council member Blease arrived at 6: 06. Mike Nelson, City Engineer briefed the Council on the bids for the Keeneland Village development. A MOTION WAS MADE BY ORNDORFF ADOPTING RESOLUTION AWARDING BID KEENELAND VILLAGE IMPROVMENTS PROJECT # TO JR FERCH INC. THE MOTION WAS SECONDED BY LEWANDOWSKI. OTHER BUSINESS

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248 Mayor Pogatshnik requested that an update to the condition of 2 %2 Street be given at the next regular Council meeting. ADJOURN A MOTION WAS MADE BY ORNDORF AND SECONDED BY BLEASE, TO ADJOURN THE MEETING AT 6: 15 P.M. AYE: POGATSHNIK, LEWANDOWSKI, O' DRISCOLL, ORNDORFF, BLEASE Minutes By: Anita Rasmussen Planning and Community Development Director MA OR n U

249 0 SARTELL CITY COUNCIL MEETING MINUTES OF OCTOBER 25, `h MEETING Pursuant to due call and notice thereof, the 20`h meeting of 2004 was held on October 25, 2004 in the council chambers of the Sartell City Hall. Mayor Pogatshnik called the meeting to order at 7: 00 p.m. COUNCIL PRESENT: COUNCIL ABSENT: PRESENT: Mayor Pogatshnik, Council members: Blease, Lewandowski, Orndorff Council member O' Driscoll Patti Gartland, City Administrator Judy Molitor, Administrative Secretary Brad Borders, Public Works Director Jim Hughes Chief of Police Mike Nelson, City Engineer Anita Rasmussen, Planning & Community Development Director PLEDGE OF ALLEGIANCE Mayor Pogatshnik welcomed the public to the meeting AGENDA REVIEW AND ADOPTION A MOTION WAS MADE BY LEWANDOWSKI AND SECONDED BY ORNDORFF ADOPTING THE AGENDA AS AMENDED. AYE: POGATSHNIK, BLEASE, LEWANDOWSKI, ORNDORFF APPROVAL OF CITY COUNCIL MINUTES A MOTION WAS MADE BY ORNDORFF APPROVING THE MINUTES OF THE OCTOBER 11, 2004 REGULAR CITY COUNCIL MEETING AND THE OCTOBER 18, 2004 SPECIAL MEETING AS PRESENTED. THE MOTION WAS SECONDED BY BLEASE. AYE: POGATSHNIK, BLEASE, LEWANDOWSKI, ORNDORFF CONSENT AGENDA a. Resolution approving amendment to BWK engineering services contract providing for personnel assignment changes for the service team. b. Approval of change order # 1 for Keeneland Village public improvement project c. Acceptance of $1, 490 in donations to the Police Department Canine program d. Resolution authorizing increase in retirement benefits for Sartell Fire Department Relief Association for e. Resolution changing the name of a public street in the City of Sartell from Quail Court to Kendall Court. f. Resolution accepting petition for annexation of property currently located in Sauk Rapids Township (Tim Backes proposed holding pond site) g. Resolution approving plans and specifications for Merc Ridge h. Set a special meeting of the Council for a budget workshop for 5 p.m. on Monday, November 8, 2004 i. Approval of a request for a six month unpaid leave of absence form Firefighter Kevin Brown.

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251 October 25, 2004 A MOTION WAS MADE BY BLEASE APPROVING CONSENT AGENDA ITEMS A - I AS PRESENTED. THE MOTION WAS SECONDED BY ORNDORFF. AYE: POGATSHNIK, BLEASE, LEWANDOWSKI, ORNDORFF PUBLIC HEARINGS a. Variance (side yard & rear yard setbacks) request for a garage at 622 5th Street North Applicant: Douglas G. Solt) 7: 06 p.m. Mayor opened the public hearing and outlined how the hearing would be conducted. Anita Rasmussen explained the project as follows: Douglas Solt of 622 5`h Street North is requesting a variance on the minimum rear and side yard setbacks for an accessory building in a R -1 Single Family Residential District. He would like to encroach 5 feet into the side yard and rear yard setback requirements for accessory buildings for the construction of a 20 x square foot) accessory garage. City ordinance states that setbacks for attached accessory buildings shall conform to all the setback regulations as set forth in this title. Detached accessory buildings shall be located in the rear yard and may have a rear yard setback of not less than ten ( 10) feet. The primary reasoning for the variance and ultimate requested accessory garage placement is to avoid the removal of trees. The Joint Planning Commission and Staff did suggest that the applicant reduce the size of the garage to avoid the need for a variance, however the applicant did request to proceed. The applicant did not state how many trees would be avoided as a result of this variance being granted, nor if there is any indication as to the proximity of the trees (to the garage) which the applicant is basing the hardship on. The Planning Commission and Staff recommended denying the variance request for the following reasons: 1. That the applicant did not exhaust all alternatives in lieu of requesting the variance such as constructing a smaller garage or locating the garage in an alternative location. 2. That the application has not demonstrated an undue hardship ( other than economic) in the strict application of the provisions of the Sartell Zoning Code. 3. That the variance will alter the essential character of the area in that variances have not been granted in this plat in the past. Both Doug and Laura Solt discussed location of the accessory garage and drainage issues in their back yard as well as the slope of neighbors yards. According to Laura there was not a water issue in their back yard until Bluebird Court was developed. Their reason to place the garage in this location and the need for the variance is to avoid flooding in their yard and near their home. When discussing other locations for the building in their yard, the Solt' s would also prefer the location they suggested to alleviate the removal of large trees. There were no comments from the public. Mayor Pogatshnik closed the meeting at 7: 11 p.m.

252 October 25, 2004 Council member Lewandowski questioned how the garage would be accessed and what the accessory garage would be used for. Solt' s said they will access from the west and the shed would be used for storage. Council member Orndorff also questioned the garage access especially being so closed to the property line should the variance be granted. Orndorff offered suggestions to move the garage to another location on the property or another angle to the shed. Solt' s said they will be on their own property while accessing the garage and they do prefer to keep the proposed location to avoid taking down a large maple tree. Mayor Pogatshnik asked if the reason for the request is due to the size of the garage? Mayor also asked the City Engineer if he had been out to review the drainage on the property? The City Engineer said he had not been out to the property. Council member Lewandowski asked if the neighbors were supportive of the project? Solt' s said they were. Council member Blease questioned if moving the building five feet as the ordinance provides would change the drainage issue? The City Engineer did not believe location of the building would change the drainage. Council member Omdorff suggested tabling the variance request, ask the City Engineer to review the property for drainage issues and possibly make suggestions for location of the shed without the need for a variance. is A MOTION WAS MADE BY ORNDORFF TO TABLE ACTION FOR TWO WEEKS ON THE VARIANCE REQUEST, ASK THE CITY ENGINEER TO REVIEW THE PROPERTY FOR DRAINAGE ISSUES AND PROVIDE ADVICE TO THE COUNCIL IF KEEPING WITH THE ORDINANCE WOULD IMPACT DRAINAGE. THE MOTION WAS SECONDED BY LEWANDOWSKI. AYE: POGATSHNIK, BLEASE, LEWANDOWSKI, ORNDORFF b.variance (side yard setback) request for a parking pad at te Avenue North applicant: Alan Reitz) Council member Orndorff removed himself from the dais and will be abstaining from discussion and voting since he is a neighbor and would be directly affected by this variance. 7: 38 p.m. Mayor Pogatshnik opened the hearing to consider a variance for a parking pad for a' Avenue North. The public hearing will be conducted in the same manner as the previous public hearing. Anita Rasmussen presented the request on behalf of Alan Reitz for a variance on the minimum side yard setbacks for a parking pad in an R -1 Single Family Residential District. The applicant is proposing to install a paver - parking pad on the northerly side of the garage which would be located one foot off of the property line. The parking pad is proposed to be 49 feet long and 11 feet wide. The purpose of the pad is to create an additional parking space. Parking/ storage area on the existing driveway is limited due to the steep slope. The parking area would be designed to take any additional water run -off and divert it southwesterly down the driveway. Parking pads which are considered temporary or permeable may be placed up to 5 feet of the property line without a need for a variance. The 5 -foot setback is the typical dimension for the drainage and utility easement located within each lot in Sartell. The easement is important to maintain so that utilities may be installed and maintained in a relatively easy manner. The applicant stated that some utilities have been installed in the location of the proposed parking pad.

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254 0 October 25, 2004 The applicant may have a hardship in the strict application of the ordinance due to the fact that the existing driveway /parking storage cannot be utilized to the full extent because of the steep slope. However, having a parking pad which is nearly 550 square feet may be an excessive variance request. Staff recommended that the applicant consider reducing the size of the pad to meet the minimum need requirements in an effort to avoid issues of the setback provisions. The Joint Planning Commission recommended approving the variance as proposed on the following conditions being met: 1. All utilities shall be replaced as to not be located under the parking pad. 2. A drainage plan be submitted to the City Engineer prior to the City Council meeting 3. The purpose of the parking pad is to allow one automobile to be parked on any given day /time. Property owner Alan Reitz was present to answer any questions. There were no comments from the public. Mayor Pogatshnik closed the hearing at 7: 45 p.m. Council member Lewandowski asked how close to the property line the pad will be? Alan said it would be approximately 2-3 feet. Council member Blease asked Mr. Reitz if he had located his property pins, because the Council needs to be sure where the property line is before granting the variance. Alan Reitz said he was guessing where the line was according to utility boxes on the corners, but had not located the actual pins. 0 City Engineer, Mike Nelson explained that the property pins are not necessarily in the same area as the utility boxes they could actually vary 4-5' from the utility lines. Mayor Pogatshnik said he drove by the property and noticed the work had already started and wondered if the project was started before the discussion at the Joint Planning Commission level. Mr. Reitz explained that the landscapers were anxious to get the project done yet this fall and that they had started the project, however Mr. Reitz did say that they would be willing to remove the retaining wall if necessary. Council member Lewandowski expressed concern that construction had already started and the property pins were not located. Council member Blease asked about the trees on the side of the property and who they belong to? Alan Reitz said the lilac bushes did belong to him, however he was not sure who' s property they were on because at the time they planted them they did not know where the property line was. Council member Lewandowski discussed the slope on the pad and if the pad was intended for more than one vehicle? Just for one vehicle slope about 12 inches higher in the rear so water would be diverted down the driveway. Council member Blease said he is uncomfortable granting a variance not knowing where the property pins are. Mayor Pogatshnik was concerned about the lack of dimensions on the drawings prepared for the Council and construction on the project starting prior to approval from the Council which could set a precedence for future variance applications. 0 4

255 October 25, 2004 A MOTION WAS MADE BY BLEASE TO TABLE ACTION ON THE ISSUANCE OF A VARIANCE FOR A PARKING PAD AT TH AVENUE NORTH UNTIL THE NOVEMBER 8, 2004 COUNCIL MEETING PROVIDED THE PROPERTY PINS CAN BE LOCATED AND THERE IS STILL A NEED FOR THE VARIANCE. THE MOTION WAS SECONDED BY LEWANDOWSKI. AYE: POGATSHNIK, BLEASE, LEWANDOWSKI, ORNDORFF c. Ordinance establishing 2005 Fee Schedule 8: 03 p.m. Mayor Pogatshnik opened the public hearing to consider an ordinance establishing the 2005 Fee Schedule. Finance Director, Mary Degiovanni presented the 2005 Fee Schedule and reviewed the highlighted changes recommended and rationale for the proposed changes. Mary recommended that testimony be accepted, the hearing closed and action be tabled to December 13, 2004 which is when the adoption of the 2005 budget and levy are expected to occur. Police Chief Jim Hughes discussed changes he recommended which would affect the Police Department' s fee schedule. The following comments were heard from the public, comments do not reflect entire statements made: Jane DeAustin representing the Central Minnesota Builders Association asked the Council to carefully consider the increase in development fees. Based on the increase of SAC and WAC fees over the past two years, DeAustin suggested adjusting the formula for multi - family usage. 8: 20 pm Mayor Pogatshnik closed the hearing. Council member Blease suggested more research be done to compare fees with area cities. A MOTION WAS MADE BY ORNDORFF TO TABLE ACTION ON CONSIDERATION OF ADOPTION OF THE 2005 FEE SCHEDULE UNTIL DECEMBER 13, 2004 WHEN ADOPTION OF THE 2005 BUDGET AND LEVY IS EXPECTED. THE MOTION WAS SECONDED BY BLEASE. AYE: POGATSHNIK, BLEASE, LEWANDOWSKI, ORNDORFF d. Ordinance approving the Capital Improvement Plan 8: 29 p. m. Mayor Pogatshnik opened a public hearing to consider adopting an ordinance approving the Capital Improvement Plan. City Finance Director, Mary Degiovanni, highlighted the recommended capital improvements and suggested that testimony be accepted, the hearing closed and action tabled to December 13, 2004, which is when adoption of the 2005 budget and levy are expected to occur. The Council was advised to consider the Plan using the statutory guidelines as follows: The condition of the City' s existing infrastructure, including the projected need for repair or replacement; The likely demand for the improvement;

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257 October 25, 2004 The estimated cost of the improvement; The available public resources; The level of overlapping debt in the city; The relative benefits and costs of alternative uses of the funds; Operating costs of the proposed improvements; and Alternatives for providing services most efficiently through shared facilities with other cities or local government units. There were no comments from the public, the Mayor closed the hearing at 8: 34 p.m. A MOTION WAS MADE BY BLEASE TO TABLE ACTION ON ADOPTING THE ORDINANCE APPROVING THE CAPITAL IMPROVEMENT PLAN UNTIL THE DECEMBER 13, 2004 COUNCIL MEETING WHEN CONSIDERATION OF THE 2005 BUDGET AND LEVY WILL OCCUR. THE MOTION WAS SECONDED BY LEWANDOWSKI. AYE: POGATSHNIK, BLEASE, LEWANDOWSKI, ORNDORFF DEPARTMENT REPORTS Police Department Chief Hughes presented his report Public Works Director, Brad Borders updated the Council with name suggestions for the Community Center site. Borders reported that these suggestions will be presented at the next Park Commission meeting and he will return to the Council on November 8, 2004 with a name recommendation from the Park Commission. City Eneineer Mike Nelson updated the Council on the progress of the 2 '/ Z Street project, the 7`b Street North sidewalk project and reviewed his memorandum. Planning & Community Development Director Director Anita Rasmussen presented her memorandum. City Administrator Patti Gartland presented her request for staff' s professional development. A MOTION WAS MADE BY BLEASE AND SECONDED BY LEWANDOWSKI APPROVING THE PROFESSIONAL DEVELOPMENT ATTENDANCE AS RECOMMENDED BY THE CITY ADMINISTRATOR. AYE: POGATSHNIK, BLEASE, LEWANDOWSKI, ORNDORFF

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259 October 25, 2004 Resolution approving required Underground Service Form with X -cel Energy for utility extension on 2 d Street South west of Pine Cone Road The Public Works Commission has been attempting to gain Xcel Energies cooperation and compliance with the City' s requirement that new utility installation be provided for underground. Xcel is willing to comply but insists that the incremental cost increase to underground utility installation must be covered either by the City or the affected rate payers. The incremental cost increase identified by Xcel was included in the assessments for this public improvement project. The Public Works Commission is recommending approval under protest. A MOTION WAS MADE BY LEWANDOWSKI ADOPTING RESOLUTION APPROVING UNDER PROTEST EXECUTION OF EXCEL ENERGY UNDERGROUND SERVICE FORM FOR 2ND STREET SOUTH WEST OF PINE CONE ROAD. THE MOTION WAS SECONDED BY BLEASE. AYE: POGATSHNIK, BLEASE, LEWANDOWSKI, ORNDORFF Administrator, Gartland updated the Council on funding for the Transportation Study. Because the School Board approved funding for a portion of the cost for the study that was being requested, Patti requested approval for the City to pay the additional $ so the study can move forward in a timely manner. Patti also discussed representatives from the City Staff, Joint Planning Commission, Public Works Commission, APO, and School Board to serve on the committee. A MOTION WAS MADE BY LEWANDOWSKI APPROVING THE INCREASE OF CITY SHARE FOR THE TRANSPORTATION STUDY AND THE APPOINTMENT OF MEMBERS TO THE COMMITTEE AS RECOMMENDED BY THE CITY ADMINISTRATOR. THE MOTION WAS SECONDED BY BLEASE. AYE: POGATSHNIK, BLEASE, LEWANDOWSKI, ORNDORFF CITY COUNCIL UPDATE MISCELLANEOUS BUSINESS There will be a Sartell candidate forum Thursday, October 28, 2004 at noon in the Council chambers. Updated the Council on the auction in progress for the United Way. Council member Blease wanted to be sure there was going to be adequate signage for Precinct 1, Bus Barn. PAY ALL VOUCHERS A MOTION WAS MADE BY LEWANDOWSKI APPROVING THE PAYMENT OF ALL VOUCHERS. THE MOTION WAS SECONDED BY BLEASE. AYE: POGATSHNIK, BLEASE, LEWANDOWSKI, ORNDORFF is

260 October 25, 2004 ADJOURN A MOTION WAS MADE BY BLEASE AND SECONDED BY LEWANDOWSKI TO ADJOURN THE MEETING AT 9: 17 P.M. AYE: POGATSHNIK, BLEASE, LEWANDOWSKI, ORNDORFF Minutes By: OR 4 Ju Molitor/ Administrative Secretary 4A 7

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262 SARTELL CITY COUNCIL MEETING MINUTES OF NOVEMBER 8, 2004 SPECIAL WORKSHOP Pursuant to due call and notice thereof, a special workshop session was held on November 8, 2004 in the conference room of the Sartell City Hall. Mayor Pogatshnik called the meeting to order at 5: 00 PM. COUNCIL PRESENT: COUNCIL ABSENT: OTHERS PRESENT: Mayor Pogatshnik, Council members: O' Driscoll, Blease, Lewandowski and Orndorff None Patti Gartland, City Administrator Mary Degiovanni, Finance Director Anita Rasmussen, Community Development Director Brad Borders, Public Works Director Jim Hughes, Police Chief Ken Heim, Fire Chief AGENDA A motion was made by Orndorff and seconded by Blease adopting the agenda as presented. UPON VOTE BEING TAKEN THE FOLLOWING VOTED: AYE: POGATSHNIK, BLEASE, LEWANDOWSKI, O'DRISCOLL, ORNDORFF 2005 BUDGET The Council discussed the proposed levy and budget for In the public safety area, the City Administrator overviewed pros and cons of the possible shared full time fire inspector position with Sauk Rapids. The Council discussed the schedule for reviewing consulting contracts and instructed staff to request proposals for building inspection services but to pursue no change in our current part time fire inspector status at this time. The Fire Chief reported that Unit 24 did not pass high end pumping tests but still had one half to two thirds capacity and he would keep the Council advised. The Police Chief informed the Council that he would continue to apply for grant funding for the 800 meg radios. The Council will consider starting capital reserve funding in the event grant funding does not become available. In the Public Works and utilities departments, the Council discussed additional funding options including increasing the Tri -Rec contribution, increasing the street fund allocation, and allocating money to the cemetery fund for improvements. The Council instructed staff to obtain a cost estimate for surveying for future Council consideration, and also requested an estimate of lots left to be sold. In the general government departments, the Council discussed the funding requests from PART and the Coalition of Greater MN Cities Labor and Employee Relations program and the consensus was not to fund either request. The Council also discussed possible funding for SummerFest and the ZACITYMNUTES\2004 minutesnovember 8, 2004Workshop. doc

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264 Centennial celebration but did not make a final decision at this time. The Council consensus was not to add general fund monies to the Revolving Loan Fund or for future Xcel charges to underground lines, but to pursue a potential Xcel surcharge similar to what other cities have adopted to fund undergrounding costs. Staff was also instructed to pursue a quote for the east -west collector environmental assessment for future Council consideration. The Council discussed adding a part time staff person or paid intern for community development/planning and left that option open for future consideration. The Council consensus was to allocate the remaining $91, 126 to the City street fund reserve line item for final decision in TRUTH IN TAXATION The Council reviewed the proposed truth in taxation hearing notice and supplement and requested the percentage change in tax rate from 2004 to 2005 be shown on the notice and also that the supplement be published to better inform the public of the proposed 2005 budget impacts. ADJOURN A motion was made by Lewandowski and seconded by Orndorff to adjourn the meeting at 6:47 PM. AYE: POGATSHNIK, BLEASE, LEWANDOWSKI, O'DRISCOLL, ORNDORFF Minutes By: IAIA Mary Degi anni Finance Director w V' AQICNO, ZACITYMNUTES\ 2004 minuteswovember 8, 2004Workshop. doc

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266 0 MINUTES OF NOVEMBERS SARTELL CITY COUNCIL MEETING 21sT MEETING Pursuant to due call and notice thereof, the 21 st meeting of 2004 was held on November 8, 2004 in the council chambers of the Sartell City Hall. Mayor Pogatshnik called the meeting to order at 7 :03 p.m. COUNCIL PRESENT: COUNCIL ABSENT: PRESENT: Mayor Pogatshnik, Council members: Blease, Lewandowski, O' Driscoll, Orndorff None Patti Gartland, City Administrator Judy Molitor, Administrative Secretary Brad Borders, Public Works Director Jim Hughes Chief of Police Mike Nelson, City Engineer Anita Rasmussen, Planning & Community Development Director PLEDGE OF ALLEGIANCE Mayor Pogatshnik welcomed the public to the meeting AGENDA REVIEW AND ADOPTION A MOTION WAS MADE BY LEWANDOWSKI AND SECONDED BY O' DRISCOLL ADOPTING THE AGENDA AS PRESENTED. APPROVAL OF CITY COUNCIL MINUTES A MOTION WAS MADE BY ORNDORFF APPROVING THE MINUTES OF THE OCTOBER 25, 2004 REGULAR CITY COUNCIL MEETING AS PRESENTED. THE MOTION WAS SECONDED BY LEWANDOWSKI. AYE: POGATSHNIK, BLEASE, LEWANDOWSKI, ORNDORFF ABSTAIN: O' DRISCOLL CONSENT AGENDA a. October Building Inspectors Report Acceptance b. City Finance Director' s Report Acceptance c. Public Work' s Commission meeting notes of October 12, 2004 d. Set public hearing for November 22, 2004, for Covey Run preliminary plat e. Resolution approving petition for annexation of property currently located in Sauk Rapids Township (Tim Backes - proposed holding pond site for Covey Run) f. Approval to purchase replacement computer for City Hall g. Set special meeting to meet jointly with the Joint Planning Commission on November 15, 2004 at 6: 30 p.m h. Approval of change order #2 for Keeneland Village i. Resolution authorizing fund transfers j. Approval of the canvass results of general election k. Approval to expend $ 1, 700 for wing mounting on new snow plow

267 November 8, Approval to submit grant application to Central MN EMS Council for first aid related equipment for the Police Department m. Acceptance of additional $ 5, 495 in donations to the K -9 acquisition fund A MOTION WAS MADE BY ORNDORFF APPROVING CONSENT AGENDA ITEMS A - M AS PRESENTED. THE MOTION WAS SECONDED BY O' DRISCOLL. PUBLIC HEARINGS Supplemental Assessment for 2 "d Street South public improvement project (Sundance III LLC) 7 :06 p. m. Mayor Pogatshnik opened a public hearing to consider the supplemental assessment for 2" Street South public improvement project. The order of business was explained. City Engineer, Mike Nelson explained the right -of -way acquisition agreement with Sundance III LLC to facilitate the extension of 2nd Street South to the west provides for the cost of the acquisition to be assessed against the property. Because the hearing notice for the October I ld' hearing did not include the right -ofway acquisition costs of $157, 726 we were advised to conduct a supplemental assessment hearing to assure full compliance with assessment process requirements even though our acquisition agreement clearly states that the cost is to be assessed back to the property. Mayor closed the hearing at 7: 14 p. m. There were no comments from the public. A MOTION WAS MADE BY O' DRISCOLL ADOPTING RESOLUTION APPROVING SUPPLEMENTAL ASSESSMENT ROLL 2ND STREET SOUTH /CSAH 133 IMPROVEMENTS PROJECT # AND STONE PATH VILLAGE IMPROVEMENTS PROJECT # THE MOTION WAS SECONDED BY ORNDORFF. OLD BUSINESS a. Variance ( side yard & rear yard setbacks) request for a earam at 622 5`h Avenue North (applicant Douglas Solt) City Engineer, Mike Nelson explained the need for a 5' variance if the garage is constructed in the proposed location and gave his recommendations of a location for the garage on site where a variance would not be necessary. Nelson also explained the need for additional landscaping around the proposed garage to maintain drainage and possibly a chance of saving one tree. Doug Solt explained the reason for the variance request is because of his concern of drainage and to keep the building from encroaching into the middle of his back yard. If the Council' s intention is to deny a five foot variance, Solt said he would compromise for a thee foot variance instead on the rear yard only and would maintain the required 10 foot variance on the side yard. Mayor explained the recommendation of the Joint Planning Commission and the request before the Council tonight to consider a 5' rear and side yard setback.

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269 November 8, 2004 A MOTION WAS MADE BY ORNDORFF TO REMOVE CONSIDERATION OF THE VARIANCE FROM THE TABLE AND ACT ON THE RESOLUTIONS. THE MOTION WAS SECONDED BY LEWANDOWSKI. Resolution approving findings of fact denying the requested variance A MOTION WAS MADE BY ORNDORFF APPROVING RESOLUTION ADOPTING FINDINGS OF FACT DENYING THE REQUEST FOR A VARIANCE TO THE MINIMUM REAR/SIDE YARD SETBACKS REQUIREMENTS FOR AN ACCESSORY BUILDING IN A RESIDENTIAL DISTRICT. THE MOTION WAS SECONDED BY BLEASE. Council member Orndorff said he has a hard time accepting the hardship in granting a variance, although he could understand the request. In his opinion makes more sense to stay with a 10 foot side /rear yard setback in order to maintain drainage. 0 Resolution approvine findings of fact approving a three foot rear yard variance A MOTION WAS MADE BY ORNDORFF AND SECONDED BY O' DRISCOLL ADOPTING RESOLUTION APPROVING FINDINGS OF FACT SUPPORTING A REQUEST FOR A THREE FOOT VARIANCE TO THE REAR YARD SETBACK REQUIREMENTS FOR AN ACCESSORY BUILDING IN A RESIDENTIAL DISTRICT. AYE: O' DRISCOLL, ORNDORFF NAY: POGATSHNIK, BLEASE, LEWANDOWSKI MOTION FAILED Council member Blease explained the difficulty with denying variances such as this one and the ability to show a hardship, however Blease does support the position of the Joint Planning Commission and the enforcement of City ordinances. Resolution approving requested variance A MOTION WAS MADE BY LEWANDOWSKI ADOPTING RESOLUTION AS PRESENTED, APPROVING THE VARIANCE FOR REAR/ SIDE YARD SETBACK FOR AN ACCESSORY STRUCTURE IN A RESIDENTIAL ZONE. THE MOTION WAS SECONDED BY O' DRISCOLL. AYE: NONE NAY: POGATSHNIK, BLEASE, LEWANDOWSKI, O' DRISCOLL, ORNDORFF MOTION FAILED

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271 November 8, 2004 b. Variance (side yard setback) request for a parkin pad at `h Avenue north (applicant: Alan Reitz Council member Orndorff left the dais stating that he will refrain from the voting and the discussion process because he is the adjacent property owner and would be directly affected by the variance. City Engineer, Mike Nelson explained the request from Alan Reitz for a variance on the side yard setback for a parking pad in an R -1 Single Family Residential district. The applicant is proposing to install a paver parking pad on the northerly side of the garage which would be located one foot off of the property line. The pad is proposed to be 49 feet long and 11 feet wide. The purpose of the pad is to create an additional parking space. Parking storage area on the existing driveway is limited due to the steep slopes. The permeable parking area would be designed as to take any additional water run -off and divert it southwesterly down the driveway. Mike Nelson viewed the property and explained how the landscaping paver pad would divert the water onto the neighbor' s lot and would extend over the city' s drainage easement. Mike did not recommend approval of the variance. Mike Patton, the project landscaper representing the homeowner was on hand to answer questions. Council member Lewandowski questioned why the project is so far advanced without approval? The Landscaper, Mr. Patton, said that the homeowner assumed it would be approved and given the timing of the year, they started the project. Patton also noted that the project has been stopped and the homeowner is willing to remove the retaining wall and paver pad which is encroaching on the side yard if not approved by the Council. Lewandowski asked the typical size of a parking pad and Anita said it is 9 x 20. Mayor asked if the homeowner asked the Landscaper to represent him at this meeting and why the project was allowed to proceed up to the date of the public hearing. Landscaper Patton said he was asked to represent the homeowner who thought the variance would be approved. Council member O' Driscoll asked if a change of material is needed to a accommodate drainage and prevent water from diverting onto the neighboring property? City Engineer Mike Nelson discussed the pavers and the fact that the paver pad is on the city' s drainage easement. Council member Blease asked if a different system could be installed, possibly a culvert from the backyard and daylighting in the front. Mike Nelson said it could be possible, however would be very expensive for the homeowner. Blease discussed the distance from the paver pad to the property line and the possible liability of the City if the variance is approved and the trees are damaged and die as a result of this construction project. How can the city be protected from replacing these trees? Council member O' Driscoll asked if this project would need a building permit? Anita said it would because it is not five feet from the property line. Landscaper, Patton was not aware of the need for a building permit for paver stones. Mayor Pogatshnik discussed the size of the parking area and if the parking area was shortened, could it be accomplished within the setbacks? Council member Blease said if the Council could go back in time, the City should require a letter from the property owner taking responsibility for the loss of the neighbors trees and vegetation, releasing the City of liability should the variance be granted. 4

272 November 8, 2004 Council member Lewandowski asked if the adjacent property owner Paul Orndorff would like to give his comments. Paul Orndorffjust moved next door this past summer to the property in question. Orndorff is concerned about the likelihood of the damage to the trees and vegetation on his property more than the drainage issues. Orndorff did say that if the pad is constructed properly, drainage should not be a problem however the tree roots have been exposed during this construction therefore Orndorff has concerns for the tree life. The vegetation and trees under consideration have provided a back drop and privacy for the Orndorff' s and they are concerned about their longevity. Paul is unsure of how the hardship is determined when issuing this variance. Mayor Pogatshnik echoed Council member Blease' s concerns and the issue of starting the project before the variance was granted. Mayor also prefers that the City receive a letter from the property owner taking responsibility for replacing the trees if they die because of this construction. A suggestion was made to table action on this item until a letter from the property owner can be secured. Council member Blease suggested that Alan Reitz supply the City with a letter agreeing to replace any trees or shrubbery in the set -back area. Blease said he has a difficult time approving the variance without protection from the homeowner to cover damaged trees /shrubbery. Council member O' Driscoll favors denial of the variance and expressed concern of the disregard for city policy. Neighboring property owner, Orndorff discussed the utility lines laying on the ground and anticipates there will be more tree roots cut when the utility line is installed, therefore they requested a trench be hand dug to re- install the utilities. A MOTION WAS MADE BY LEWANDOWSKI REMOVING FROM THE TABLE CONSIDERATION OF A REQUEST FOR A VARIANCE ON THE MINIMUM SIDE YARD SETBACK FOR ALAN REITZ OF 922 LOTH AVENUE NORTH, FOR CONSTRUCTION OF A PARKING PAD. THE MOTION WAS SECONDED BY BLEASE. A MOTION WAS MADE BY BLEASE TO TABLE ACTION UNTIL THE NOVEMBER 22ND CITY COUNCIL MEETING FOR AVARIANCE REQUEST FOR THE MINIMUM SIDE YARD SETBACK FOR ALAN REITZ TO CONSTRUCT A PARKING PAD. THE PROPERTY OWNER IS TO PROVIDE THE FOLLOWING INFORMATION: 1. LETTER FROM PROPERTY OWNER ACCEPTING RESPONSIBILITY FOR LOSS OF TREES /SHRUBBERY. 2. DRAWING SHOWING THE MINIMAL AMOUNT OF PARKING PAD NECESSARY TO ACCOMMODATE THE NEED WITH THE SMALLEST VARIANCE NEEDED. 3. UTILITY LINE TO BE HAND DUG AND THE COST TO BE THE RESPONSIBILITY OF THE HOMEOWNER THE MOTION WAS SECONDED BY LEWANDOWSKI AYE: POGATSHNIK, BLEASE, LEWANDOWSKI NAY: O' DRISCOLL

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274 November 8, 2004 NEW BUSINESS MidMinnesota mutual site plan approval On behalf of MidMinnesota Mutual Insurance Company and Ameribuilt Buildings, Anita presented their site plan for construction of an office building located on the East side of Sartell, north of County Road 29 and 14' h Avenue East. The existing zoning is B -2 General Business. The preliminary and final plat were approved earlier in The total site area is 32, 003 square feet with a proposed building of 4160 square feet. The building is proposed to be 20 feet in height at the tallest point. The site plan meets or exceeds the requirements for landscaping. The building materials are comprised of brick veneer and prefinished metal roof panels. The site plan also conforms to the concrete curbing and bituminous requirements. The plan will need to be revised to move the location of the mechanical equipment away from the drainage and utility easement and properly screen it with vegetation. Council member Orndorff asked the type of roof material. Anita said it will be steel. Council member O' Driscoll thanked the representatives of MidMinnesota Mutual Insurance Company for choosing Sartell. A MOTION WAS MADE BY ORNDORFF AND SECONDED BY O' DRISCOLL APPROVING THE SITE PLAN FOR MIDMINNESOTA MUTUAL INSURANCE COMPANY SUBJECT TO RELOCATION AND SCREENING OF THE MECHANICAL EQUIPMENT AS DEPICTED ON THE SITE PLAN. Mayor Pogatshnik also echoed Council member O' Driscoll' s comment and welcomed the MidMinnesota Mutual Insurance Company to Sartell. Herres Townhome site plan approval Anita explained the Herges Twinhome site plan and the proposal to construct one twinhome in a R -1 Townhome Residential District located along Riverside Avenue north of Michael' s Court. Preliminary and final plat was approved in Adequate water and sewer services are available. The site plan meets all minimum setback requirements as well as maximum height allowed. According to the site plan elevation drawings, the building is proposed to be constructed of vinyl siding, brick veneer and asphalt shingles. No additional lighting or signage is proposed. The Joint Planning Commission and staff recommend approval provided the following conditions are met: 1. The landscaping elements should be moved as to not encroach onto the gas line easement. The landscaping plan needs revision. 2. The building should be shifted to the north as to not encroach into the easement during the is excavation.

275 November 8, The applicant shall supply the city with a correspondence from the gas company as to their intentions and timing as to the removal of the gas line on private property and buried within the appropriate easement prior to the issuance of a building permit. 4. The curb cut for the townhomes shall not exceed 24 feet and contain a concrete apron. Council member Lewandowski asked for an explanation of the access for the garages, where it appears there is one access to a shared garage and the other two are detached garages. Anita said that is correct. Council member Blease asked if moving the building will meet the setbacks. Anita said it would. Mayor Pogatshnik asked the zoning. Anita said it is R -1a, which is for Townhouse Residential District. A MOTION WAS MADE BY LEWANDOWSKI AND SECONDED BY ORNDORFF APPROVING THE SITE PLAN FOR HERGES TOWNHOMES SUBJECT TO COMPLIANCE WITH THE CONDITIONS OUTLINED BY THE JOINT PLANNING COMMISSION. Public information session on Phase 1 of Wellhead Protection Program Mark Janovec representing BWK explained the reason for this informational meeting is to satisfy the Minnesota Department of Health' s ( MDH) requirements that the City of Sartell present the results of the Part 1 Wellhead Protection Plan to the public. The MDH approved Sartell' s Part 1 Wellhead Protection Plan on October 12, Part 1 plans contains the following: 1) A delineation of the 1 - year and 10 -year wellhead protection capture zone for the City' s wells 2) A delineation of the Drinking Water Supply Management Area (DWSMA) based on parcel boundaries and roads, and 3) An assessment of the vulnerability of the wells and the aquifer underneath the DWSMA. The delineations are based on computer groundwater modeling that take into account the local geologic setting, the construction of the wells, and the amount of water each well pumps. The well vulnerability assessment shows all of the City wells are above the threshold to classify them as " vulnerable" to contamination. This ranking was determined by the shallow depth of the aquifer near the wells and the lack of confining geologic layers near the wellhead to sufficiently protect the aquifer from surface spills. The vulnerability of the aquifer under the DWSMA ranges from low to moderate to high, with each variation dependent on the amount of geologic protection covering the aquifer. With the Part 1 Plan complete, the City will move towards completing the Part 2 Plan. The Part 2 Plan contains three main components: 1. An inventory of the potential sources of contamination with the DWSMA 2. An identification of goals and objectives for safeguarding the aquifer from contamination and 3. An implementation plan to fulfill these goals and objectives. A scooping meeting will be held with the MDH on November 24, 2004 to outline the MDH' s requirements for Sartell' s Part 2 Plan. The Part 2 Plan is expected to take 12 months to complete, including a 60 day public review period, a public hearing, and a 90 -day review period with the MDH. Once the Part 2 plan is approved, the City has 60 days to begin implementation of the plan. Additionally, the City must update their Wellhead Protection Plan a minimum of every 10 years or whenever a new water supply well is added.