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City Council Minutes 04-25-2005MINUTES REGULAR MEETING — MONTICELLO CITY COUNCIL Monday April 25, 2005 — 7 p.m. Members Present: Clint Herbst, Wayne Mayer, Tom Perrault, Glen Posusta and Brian Stumpf Members Absent: None 1. Call to Order and Pledge of Allegiance Mayor Herbst called the meeting to order and declared a quorum present. The Pledge of Allegiance was said. 2A. Approve minutes of April 11, 2005 regular Council meeting Glen Posusta questioned the City Administrator on the mileage reimbursement submitted by the Park Superintendent with the previous meeting's bills. Rick Wolfsteller indicated that the mileage was for a three day conference at New Brighton and a two day class at Bloomington. The Park Superintendent went to these conferences/classes directly from his home since that was closer and did not use a city vehicle. There was some discussion on the when mileage should be submitted for reimbursement and when city vehicles should be used. It was suggested that the City look at establishing a policy governing mileage reimbursement and use of city vehicles. Tom Perrault stated on the motion for the improvements for the catering kitchen at the Monticello Community Center, he made the motion to proceed with improvements; Brian Stumpf seconded the motion and Glen Posusta voted in opposition. GLEN POSUSTA MOVED TO APPROVE THE MINUTES OF THE APRIL 1 1, 2005 REGULAR COUNCIL MEETING WITH THE CORRECTIONS NOTED. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY, 211. Approve minutes of April 11, 2005 special meeting. BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE APRIL 11, 2005 SPECIAL MEETING. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Council Minutes - 4/25/05 2C. Approve minutes of April 13, 2005 Board of Review Glen Posusta noted that the property at 1114 Cedar Street should be referred to as the Silver Fox Inn and the Comfort Inn is now known as the Best Western. Tom Perrault stated that the minutes should read, "in the absence of the Mayor and Acting Mayor, Brian Stumpf presided over the Board of Review." TOM PERRAULT MOVED TO APPROVE THE MINUTES OF THE APRIL 13, 2005 BOARD OF REVIEW. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED WITH CLINT HERBST ABSTAINING BECAUSE HE WAS NOT PRESENT AT THE MEETING. 3. Consideration of adding items to the agenda. Wayne Mayer added discussion of setting up a workshop on fiber optics. Glen Posusta added: 1) Parking on Mississippi Drive at the trumpeter swan site; 2) Traffic issues with turning from TH 25 onto School Boulevard; 3) Discussion of establishing a bonus program for employees who come up with cost saving ideas; and 4) Trash on Cedar Street on the Weinand property. Clint Herbst added to the agenda the status of criteria for the engineer position and the width of city streets. City Administrator, Rick Wolfsteller asked that theCouncil discuss whether they want to schedule a workshop on the proposed revisions to the annexation agreement or handle it as a regular agenda item. 4. Citizen comments, petitions, requests and complaints. Jon Bogart, 1108 Sandy Lane spoke concerning the 2005 Core Street Project. He stated he had received a letter from the City Engineer indicating the City was proposing to increase the width of Sandy Lane from 28 feet to 32 feet. The residents in the area submitted a petition stating that they would prefer that Sandy Lane remain at 28 feet and that rollover curb be utilized instead of barrier curb. Clint Herbst indicated that he had talked to Jon Bogart about these concerns and agreed with his comments especially on the curbing. He stated that there are no more lots available in this area for development so there will not be a great deal of additional traffic volume generated that would require increasing the road width to 32 feet. Bret Weiss responded that the small increase in traffic did not justify going to 32 feet but noted that 32 feet is the standard width if parking is allowed on both sides of the street. He felt that 28 feet if there was only parking on one side of the street would -work. Clint Herbst observed that existing conditions do not always meet current design standards. Glen Posusta asked about Jon Bogart's suggestion that the project utilize surmountable 2 (f Council Minutes - 4/25/05 curb. Bret Weiss stated that the barrier type curb carries more water and has a more finished look but indicated that surmountable curb would be acceptable. Clint Herbst asked if the sidewalk was being bid as an option. He suggested that once the bids are received it would be helpful for residents and Council if the engineer could have the area where the sidewalk is proposed to be located staked out. Jason Penaz, 5944 Badger Street spoke concerning the stub street he lives on. The road is not finished and he was told it would not be constructed until such time as the Holker property devleoped. He would like to have the road put in and pointed out that in other developments in the city the stub streets were finsihed. Clint Herbst felt when stub streets are put in and it is not known how long it is going to be before the road is finished, the right of way area should be seeded. Bret Weiss stated that the reason some of the stub streets were finished off was because property owners had their driveways coming off the stub street. He also stated the stub streets deteriorate faster. The City tries to get a deposit from the developer for putting the stub street in when adjacent property develops and the City tries to avoid this situation in new developments. Mr. Penaz suggested putting in the curb and the base so that he could put in a sprinkling ( system. Glen Posusta felt if the City was improving the stub streets in other developments they should do it here as well. Clint Herbst asked if curb and Class V was installed would that be adequate. Mr. Penaz stated he didn't care as long as the curb was in. Bret Weiss suggested once the stub street was improved that it be barricaded off so the City doesn't have to plow the street. Jason Penaz wanted smaller barricades placed but the City Engineer indicated they have to use standard size. Mr. Penaz indicated that some of the stub streets don't have any barricades at all. Dennis Jordan, 3214 90th Street is a resident adjacent to the proposed Poplar Hill development and asked if there would be a chance to comment on the development at this meeting. Clint Herbst stated this item would be taken off the consent agenda and there would be an opportunity for residents to speak on the proposal. Jeanine Kurvers, 6115 Wildwood Way spoke regarding changing the speed limit on their street from 30 mph to 15 mph. They have requested the Sheriffs Department come out to monitor the site but it hasn't changed the speeding conditions. She noted there are a large number of children in the area including some special needs children. She noted there is no sidewalk in the area and there is concern about children being able to cross the street safely. Clint Herbst asked the City Engineer what could be done to slow the speeders down. Bret Weiss stated speed humpsibumps are one option and indicated there are portable Council Minutes - 4/25/05 ones. He stated that Apple Valley at one time installed these but ended up taking them out. He also talked about a choker, where you pull the curb line in so that people have to slow down. He added in this situation stop signs don't work. Bret Weiss said they could look at some type of temporary speed humps/bumps. John Simola suggested that some advisory signing be placed in the area similar to what was done in the Meadow Oak a few years ago. John Simola said he didn't like the use of speed humps or bumps. Bret Weiss suggested trying the advisory signs and if that doesn't work out then the City could look at other option. It was pointed out that this is a cul-de-sac street so the speeding is not being done by through traffic but by residents who live there. John Simola stated that normally with signs like "deaf child" the parent of the child usually pays for and owns the sign and the City installs the sign and maintains it. The cost of the sign runs between $35-$50. John Simola indicated that they will be ordering signs for installation. 5. Consent Agenda A. Consideration of new hires and departures. Recommendation: Ratify hires and departures as identified. B. Consideration of renewing three year contract for fireworks for Riverfest. Recommendation: Approve entering into a three year agreement with Melrose Pyrotechnics, Inc. for the Riverfest fireworks display in the amount of $8,000 per year. C. Consideration of approval of final plat of Jefferson Commons First Addition. Recommendation: Approve the final plat of Jefferson Commons First Addition. D. Consideration of approving final plat and development agreement Hunters Crossing Second Addition. Recommendation: Approve the final plat and development agreement for Hunters Crossing Second Addition. E. Consideration of approving agreement with Resurrection Lutheran Church relating to the Meadow Oak Extension Project No. 2005-05C. Recommendation: Approve the agreement between the City of Monticello and Resurrection Lutheran Church relating to conveyance of the permanent easement necessary for the Meadow Extension Project No. 2005-05C. F. Consideration of raising annual fee for off -sale beer license. Recommendation: Approve the increase in the annual fee for single off -sale beer license from $75 to $100. Council Minutes - 4/25/05 G. Consideration of award of bid for sale of Kramer 3 stall garage (811 Minnesota Street) and Rask house (3628 90" Street NE). Recommendation: Award the sale of the Kramer garage to Lyle Swift of Swift Bobcat Service for $500 and the Rask house to Swift House Movers for $5,727 and authorize city staff to prepare bid documents for demolition of the remaining pole shed, foundations and slabs. H. Consideration of a conditional use permit for development stage planned unit development and preliminary plat for Poplar Hill, a residential subdivision consisting of 228 single family units, 180 townhome units and 300 apartment units and a request for rezoning from A -O to R-1 A, R-1, R -2A , R-3, B-3 and PZR. Recommendation: 1) Rezoning - Move to approve the rezoning from A -O to a mix of (R-1 A, R-1, R -2A, R-3 and PZR as proposed in the preliminary plat dated March 14, 2005 based on a finding that the proposed zoning would reflect the intent of the City's Comprehensive Plan. 2) Development Stage PUD - Approve the development stage PUD based on a finding that the proposed PUD is consistent with the goals of the Comprehensive Plan subject to the conditions of Exhibit Z listed below. 3) Preliminary Plat - Approve the preliminary plat based on a finding that the plat meets the requirements of the Zoning Ordinance subject to conditions of Exhibit Z listed as follows; A. All performance standards, with the exceptions of Lots 17 and 18 of Block 5 "flag lots" shall meet the performance standards per the zoning ordinance. B. The shared access for the commercial area shall be shifted to the south and shall be utilized as a single loaded access. C. The development of the commercial area shall require a separate site plan review. Approval of the Poplar Hill PUD shall not be considered granting approval for any business use within the site until additional plans are submitted and approved by the Planning Commission and City Council. D. Access onto Lot 1-5, Block 14 shall come off of Weston Drive only. E. The City determines that a portion of the easement area is acceptable to be included in the park land dedication for public parking lot. F. The applicant shall limit the parking stalls within the park area to one hundred fifty (150) parking stalls within the easement area. The remaining land area shall remain open space. Access drive location(s) shall be subject to final review by City staff. Council Minutes - 4/25/05 G. The final street plans shall be subject to the review and approval of the City Engineer. H. The applicant shall submit the required elevation and floor plans for the apartment buildings. The single family homes shall meet all performance requirements of their associated districts as defined in the zoning ordinance and outlined in the planners report. This includes a de -emphasis on garage exposure to the public street. J. Setbacks between garages within the townhome component shall be a minimum of seventy-eight (78) feet from garage face to garage face to ensure that sufficient area exists for both on -street and off-street parking. K. The applicant shall demonstrate that the apartment complex has the required number of off street parking spaces per the ordinance. L. The applicant shall identify the location of snow storage areas within the multi -family component. M. Outlot L shall have a minimum of ten (10) off-street parking stalls. N. All single family residential lots within the development shall contain the required two overstory trees per lot with the exception of corner lots which require four. O. All lots within the R -2A district shall be required to have no less than 60% of the front yard designated as landscaped garden areas. P. The applicant shall revise the landscaping plan based upon the conditions and recommendations found in the planner's report. Q. All landscaped medians and HOA common landscaped areas shall be required to be irrigated. R. All site signage that will be used in the residential development must be submitted prior to final approval and must meet the requirement of the sign odinance. S. Issues related to the three wetland areas on the site are subject to the review and comment of the City Engineer. T. The grading, drainage, erosion control and utility plans are subject to the review and approval of the City Engineer. U. The applicant shall enter into a development agreement and PUD agreement with the City to be drafted by the City Attorney. V. A copy of the HOA documents shall be subject to the review and approval of the City. on Council Minutes - 4/25/05 I. Consideration of amendment to Spirit Hills PUD/R-1 A standards or preliminary plat extension. Recommendation: Approve selected changes as requested by the developer based on a finding that the proposed standards are geneally appropriate, however, some modification is necessary to ensure that the purpose of the Spirit Hills PUD is realized. These changes are: A. Reduce the front setbacks to a required 30 feet, from a 35 foot average. B. Building plans for R-1 A homes must meet or exceed the amended building standards specific to this development as follows: • No split entry homes • Two-story and modified two-story residential dwellings must meet ■ A minimum finished first floor size of 1200 square feet. ■ A minimum of 2300 square feet finished area ■ Full basements • Rambler residential dwellings must meet: ■ A minimum main floor size of 1600 square feet ■ A minimum of 2000 square foot total finished area • Other lot and building requirements are as identified within the R-1 A District Zoning Ordinance. C. Required landscaping is to include two deciduous and one confier plus sod. Note that this alternative would allow split level, but not split entry homes. Wayne Mayer requested that agenda items #5H and #5I be pulled from the consent agenda. BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS #5H AND #5I. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent agenda for discussion. SH - Poplar Hills Development: City Planner, Steve Grittman provided the background report on this item. The applicant is proposing a total of 605 units and pointed out the developer had originally proposed 300 units in the west side of the project but had dropped that to 200. Instead of four buildings with 75 units, the developer is proposing four buildings with 50 units each. In the comprehensive plan this area shows as a mixed use. Wayne Mayer noted the plans included in the agenda did not show the unit revision. 7 C- Council Minutes - 4/25/05 The proposed commercial area is the current site of the excavation business of the property owner. It is proposed that the excavation operation will cease at some point but there would still be commercial use of the property. The Planning Commission recommended approval of the preliminary plat, development stage planned unit development and the rezoning subject to a number of conditions. Private park space was added as an amenity as was a clubhouse and pool area that could be accessed by the families in the residential area. The City park is located on the northeast side of School Boulevard and contains space for three soccer fields and two football fields and parking under the power line easement. The development shows about 40 acres of park but a large portion of the park land lies within wetlands or is encumbered by easement leaving 23 acres of usable park land. Clint Herbst stated he could not approve anything with apartments on it. He stated that the City met with the developer in November and stated at that time they did not feel apartments were a suitable use for this area but the developer still shows apartments in the plan. Clint Herbst felt Monticello has a more than adequate supply of apartments and start up housing. Wayne Mayer noted that the applicant has not submitted any design for for apartments at this time so the Council cannot determine what building standards are being proposed. Wayne Mayer felt if this was to move forward with 200 apartment units, the park area would need to be bigger to meet the demands. Steve Grittman said the park dedication requirements were calculated based on number of units so that if the number of units is reduced the park area would be reduced. Wayne Mayer said based on the calculations 29 acres of park land would be required but only 23 acres is shown. Steve Grittman noted that some of the power line easement area was proposed to be used for parking. Wayne Mayer noted that park land is not to be encumbered by easement. Steve Grittman stated the City could require the full 29 acres be outside the utility easement but in some of the early negotiations it was allowed that the easement area would be used for parking. Clint Herbst asked what was the trade off for the City with this planned unit development? Steve Grittman said the amenities for the townhome and single family areas include the clubhouse and private park space and the landscaped medians. Clint Herbst said he felt with this planned unit development the City was not receiving more than they were giving up. Brian Stumpf questioned the vote needed for rezoning. Steve Grittman responded that in certain instances a 4/5 majority is required however, in this case a simple majority is sufficient. Glen Posusta asked if the development met the requirements of the Comprehensive Plan and Steve Grittman indicated it did. Council Minutes - 4/25/05 David Adkins and Dave Sebold representing the developers made a presentation to the Council regarding the Poplar Hill development. Of the 210 acres, 39 acresis designated as open space and 7 acres is designated for street right-of-way leaving 164 acres to containe the 1433 housing units allowed by the land use guide plan. Phase I of the development is proposed to contain 53 R-1 lots, 102 R-1 A lots, 70 R -2A single family lots, 140 units of R-3 housing and City and Homeowners Association park facilities. Phase II will by R-3 housing units and Phase III will contain the 200 units of apartments and the clubhouse and pool. The developer stated the development is targeting a broad group from young professionals, families to senior citizens. Wayne Mayer asked about the 400 off street parking stalls required but the plan shows only 290 stalls. Steve Grittman responded that when staff looked at it, the underground parking wasn't shown. Wayne Mayer also questioned the Exhibit Z with the 22 conditions listed. Dave Adkins noted with the present plan there are 200 R-3 units and 400 parking stalls. Tom Perrault asked about the outlots shown as common space and who was going to maintain them. The homeowner's association will be maintaining the outlots. Wayne Mayer asked about any detailed drawings on the apartment. Dave Sebold said the apartments would be upscale with 30% brick on the facade. The apartment units would be 850 sq. ft. to 1100 sq. ft. Dave Sebold stated that the market studies show that people are opting for rental units with low maintenance. Dennis Jordan felt the density proposed was too high. He was under the impression that the City had required 25% townhomes to 75% single family homes. Steve Grittman indicated that this was true for area designated as low density. Mr. Jordan questioned the wisdom of placing apartments next to five acre lots as he felt the proximity of the apartments would degrade the value of the large lots. He also questioned what the addition of 300-400 units would do to traffic volumes on 90th Street. He stated 90th Street is not constructed to handle that kind of traffic and he saw nothing in the plans that indicated the road was going to be improved. Glen Posusta said as part of the agreement with the township it is the City's responsibility to upgrade the road as needed at no charge to township residents that may abut the street. Clint Herbst asked about 90th Street between Chelsea Road and School Boulevard. Bret Weiss said he didn't feel there would be an excessive amount of traffic. He added that they have not looked into the condition of 90th Street but if improvements were needed in the road in the development area, the developer would post funds to cover cost of improvements. Dennis Jordan stated the amount of traffic already on the road was heavy so he suggested that traffic volumes be looked at before the development is N Council Minutes - 4/25/05 approved. He also noted concerns about excessive speeding on 90th Street. Mr. Jordan also questioned whether two parking stalls per unit would allow sufficient spaces for visitor parking or even meet the parking needs of the residents in the development. Mr. Jordan discussed his concerns with the existing commercial use and the proposed commercial use. He believed the area was twice voted down for commercial use but the business was given a temporary permit so he questioned whether it was always the intent that this area be designated for commercial use. He also cited the Gould operation being located in the residential area and stated it was not the appropriate location for that type of use. He said the City did not allow that use within the City. Brian Stumpf noted the impound lot use would have been allowed in the City had the property owner chosen to screen it as required by ordinance. Jeff O'Neill explained that the proposed commercial use in the development would be of the neighborhood type, such as small shops and offices. Sharon Sayres, 3190 90th Street, felt the City needed to look at the traffic issues that would result if this development occurs. She also presented a letter from Hamms who were not able to be present at the meeting. The concern of the Hamms was the apartments proposed and the berm that is in place. Glen Posusta stated that is proposed that berm would stay in place and it was thought that the berm was located on property within the Groveland development. Bret Weiss said Schluenders put the berm up when Groveland was developed. Wayne Mayer stated he is concerned about 34% of the density of the overall development being on 6% of the acreage. Wayne Mayer stated the intent of the comprehensive plan was to get a nice park with nice housing but he didn't think apartments were any part of this. Tom Perrault stated his belief that there is too much park land for the development and he too had a problem with apartments being included with the development. Glen Posusta asked the developers if the apartments were not part of the development what would they propose to replace the apartments. Dave Sebold said they would likely come back with more townhomes. Dave Sebold asked if it was the rental nature of the apartments that was providing concern for the Council. Glen Posusta suggested that may be 50% of the units be rental and 50% owner occupied. Wayne Mayer stated he didn't feel it was fair to pass this onto a future Council. Clint Herbst suggested they zone it R2A and at the time the proposed apartment area is ready for development, the owners could argue their case for a greater zoning density. BRIAN STUMPF MOVED TO RECOMMEND APPROVAL OF THE REZONING 10 Council Minutes - 4/25/05 FOR THE POPLAR HILLS DEVELOPMENT FROM A -OTO R-1 A, R-1, R-2A,R-3 AND PZR AS PROPOSED IN THE PRELIMINARY PLAT DATED MARCH 14, 2005 BASED ON A FINDING THAT THE PROPOSED ZONING WOULD RELFECT THE INTENT OF THE CITY`S COMPREHENSIVE PLAN AND TO APPROVE THE DEVELOPMENT STAGE PUD BASED ON A FINDING THAT THE PROPOSED PUD IS CONSISTENT WITH THE GOALS OF THE COMPREHENSIVE PLAN SUBJECT TO THE APPLICABLE CONDITIONS OF EXHIBIT Z AND TO APPROVE THE PRELIMINARY PLAT BASED ON A FINDING THAT THE PLAT MEETS THE REQUIREMENTS OF THE ZONING ORDINANCE SUBJECT TO THE APPLICABLE CONDITIONS LISTED IN EXHIBIT Z. GLEN POSUSTA SECONDED THE MOTION. MOTION FAILED WITH CLINT HERBST, WAYNE MAYER AND TOM PERRAULT VOTING IN OPPOSITION. The City Attorney suggested the Council, by motion, direct the staff to prepare a finding of fact to substantiate the basis for denying the rezoning, development stage PUD and preliminary plat. Dave Sebold from Insignia Development stated they want to proceed with the project but they strongly felt that the apartments should be included. GLEN POSUSTA MOVED TO APPROVE THE PRELIMINARY PLAT, DEVELOPMENT STAGE PUD FOR THE POPLAR HILLS DEVELOPMENT BASED ON THE CONDITIONS NOTED IN EXHIBIT Z AND AND REZONING FROM A -O TO R-1 AA -1, R2A AND PZRWITH THE AREA SHOWN FOR APARTMENTS TO BE REZONED TO R-2. Brian Stumpf noted that apartments are not an allowed use in an R -2A zone. Tom Perrault clarified that the motion includes approval of preliminary plat, pud and rezoning with the change being to rezone the area proposed for apartments to R -2A. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT AND WAYNE MAYER VOTING IN OPPOSITION. 51 Spirit Hills - Steve Grittman provided background information on the request for an amendment to the conditional use permit for the single family portion of the development. The applicant is requesting an amendent from some of the standards in the R-1 A district specifically changes in the setback, side yard setback, building and garage size and landscaping requirements. The Planning Commission approved the following changes: Reduce front setback to 30 feet; required landscaping to include two deciduous and one conifer tree plus sod and building plans must meet or exceed the following standards: • No split entry homes 11 Council Minutes - 4125/05 • Two-story and modified two-story residential dwellings must meet ■ A minimum finished first floor size of 1200 square feet. ■ A minimum of 2300 square feet finished area ■ Full basements • Rambler residential dwellings must meet: ■ A minimum main floor size of 1600 square feet ■ A minimum of 2000 square foot total finished area • Other lot and building requirements are as identified within the R-1 A District Zoning Ordinance. Clint Herbst stated the Planning Commission did a good job but he felt there was a difference between the Council's goals and the review of the housing standards. GLEN POSUSTA MOVED TO APPROVE CHANGES AS FOLLOWS BASED ON A FINDING THAT THE PROPOSED STANDARDS ARE GENERALLY APPROPRIATE HOWEVER SOME MODIFICATION IS NECESARY TO ENSURE THAT THE PURPOSE OF THESPIRIT HILLS PUD IS REALIZED. 1) Reduce the front setbacks to 30 feet, from a 35 foot average 2) Adopt building standards for R -IA as adopted for the amended Carlisle Village PUD, allowing split level, no split entry and modified two story standards. 3) Change landscaping requirement to two deciduous and one conifer plus sod. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 7. Public Hearing and consideration of certifying d � elinquent utility accounts for 4rn quarter,2004. Mayor Herbst opened the public hearing on the delinquent utility accounts. No one was present who spoke for or against the proposed assessment of delinquent utility amounts. Mayor Herbst then closed the public hearing. BRIAN STUMPF MOVED TO ADOPT THE ASSESSMENT ROLL FOR DELINQUENT UTILITY CHARGES AS PRESENTED. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. S. Review of fees for building permit and development fees for Swan River Charter School. Jeff O'Neill noted in reviewing the files for the project there were some discrepancies in what was left of funds for the project. The understanding was that if there was grant money unspent it would come back to the City but he didn't believe that was the intent of 12 Council Minutes - 4/25/05 the Council. The intent was that all funds go to the school if the project is under budget. City Attorney, Tom Scott suggested that a motion from the Council directing staff to modify the agreement to allow any funds not needed for improvements of the site by released to the school for operating expenses. GLEN POSUSTA MOVED TO MODIFY THE DISBURSEMENT AGREEMENT TO PROCEED WITH REQUEST BY SWAN RIVER SCHOOL TO HAVE THE $375,000 IN CITY FUNDS TO BE DISBURSED UP FRONT RATHER THAN PROPORTIONALLY TO BANK FINANCING AND THAT ANY UNUSED FUNDS FROM CONSTRUCTION BE ALLOWED TO BE USED BY SWAN RIVER SCHOOL FOR OPERATING EXPENSES. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Swan River School was also requesting a review of the $200,000 grant from Sunny Fresh. At the time the Council agreed to convey the building to Swan River School they also agreed to convey any remaining funds from the Sunny Fresh grant. At that time it was estimated that there would be approximately $25,000 remaining. However, even though the work on the building had stopped, there were additional invoices for work completed earlier which left approximately $1,500 in funds remaining. Clint Herbst, Glen Posusta, Fred Patch and Jeff O'Neill met earlier in the day with representatives of the Swan River School and it was determined to readjust some of the fees to offset the $25,000 that Swan River School thought there would be remaing from the Sunny Fresh grant. City Administrator, Rick Wolfsteller, asked where these funds would be coming from. Fred Patch indicated that the City is saying that there are no trunk fees applicable to this site. Between the trunk fees being eliminated and a reduction in the SAC/WAC fees, there would be funds for the remaining $25,000 that was anticipated from the Sunny Fresh grant. Wayne Mayer questioned why the Council was told there would be approximately $25,000 remaining and nothing was said about the number of outstanding invoices that reduced this amount to $1500. Fred Patch responded that the contractors were slow in getting their inovices to the City. Fred Patch stated that he had cautioned the City that it would take more than $200,000 to bring the building into good usable condition. Isabelle Olson clarified that it should go to the building company not Swan River School. WAYNE MAYER MOVED TO APPROVE CONTRIBUTION TO SWAN RIVER MONTESSORI SCHOOL OF UP TO $25,000 TO OFF SET THE UNEXPECTED COMPLETE EXPENDITURE OF SUNNY FRESH FUNDING. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 13 Council Minutes - 4/25/05 9. Consideration of authorizing_ purchase of furnishings for library expansion. Rick Wolfsteller, provided background information on the item noting that the librarian had a list of shelving and funishings need and a preliminary estimate of about $15,000. The librarian had received one quote which was considerably higher than the estimate. At this time she has not received additional quotes. The librarian indicated they could hold off on ordering the other items until they have received additional price quotes but they need to have the shelving in order to use the expansion area. The library was requesting authorization to order the shelving at this time as there is a 4-6 week waiting period. BRIAN STUMPF MOVED TO AUTHORIZE THE LIBRARY TO ORDER THE SHELVING NEEDED FOR THE LIBRARY EXPANSION IN AN AMOUNT NOT TO EXCEED $12,000. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 10. Consideration of approving plans and specifications and authorizing advertisement for bids for South Frontage Road (Meadow Oak Extension) City Project No. 2005-5C. Bret Weiss indicated that the bids are proposed to be opened on May 20th to cover these improvements which include the extension of Meadow Oak Avenue and other work related to the interchange project. Wayne Mayer asked if this was allowing two way traffic into the Resurrection Church property where now it is only one way. Bret Weiss indicated that was so. TOM PERRAULT MOVED TO APPROVE THE PLANS AND SPECIFICATIONS AND AUTHORIZE THE ADVERTISEMENT FOR BIDS FOR THE EXTENSION OF MEADOW OAK AVENUE FROM THE CURRENT TERMINI TO CSAR 18 AND THE RECONSTRUCTION OF THE SEGMENT OF CSAH 18 AND CSAH 39 FOR THE CSAH 18/I-94 INTERCHANGE PROJECT. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 11. Consideration of adopting agreement with Weinand development for CSAH 18/I-94 Interchange Project No. 2004-1C. City Administrator, Rick Wolfsteller provided background information on this item noting how the Meadow Oak Extension project affects this property. This agreement lays out the terms of the assessments and the easement acquisition. The agreement is based on negotiations that took place after the first of the year. The City Administrator and City Attorney have worked with Charlie Pfeffer on the terms of the agreement defining the amount of the assessment for the interchange project and other 14 Council Minutes - 4/25/05 improvements directly benefitting the property. The agreement provides for deferral of assessments for Meadow Oak Avenue improvements for the southeast property in the amount of $408,000 and the southwest property for Chelsea Road improvements in the amount of $2,391,000. The assessments are deferred without interest until the property is developed or until the year 2011 whichever occurs first. The property owner will provide right of way for the interchange and the Meadow Oak Avenue extension. The developer will also provide grading of the Meadow Oak road and grading of a storm water pond on the Weinand property. Tom Perrault questioned #9 in the agreement which stated there would be no additional assessments for Chelsea Road or Fallon Aven. Rick Wofsteller noted that was in the $2,391,000 assessment for the southwest area. Rick Wolfsteller also pointed out that this contingent upon the rezoning of the Weinand property in the southwest area north of Resurrection Church being rezoned to B-4 and the property to the west also being rezoned toB-4. BRIAN STUMPF MOVED TO APPROVE ENTERING INTO THE ASSESSMENT AGREEMENT WITH SHAWN WEINAND AS OUTLINED RELATING TO ASSESSMENTS FOR THE INTERCHANGE PROJECT ALONG WITH ASSESSMENTS FOR THE MEADOW OAK AVENUE EXTENSION AND CHELSEA ROAD IMPROVENTS WHICH ARE SCHEDULED FOR COMPLETION IN 2008. TOM PERRAULT SECONDED THE MOTION MOTION CARRIED UNANIMOUSLY. 12. Consideration of quotes for replacement of computers and software for operating system for WWTP. Public Works Director, John Simola noted that the present system is 8 years old. PSG has experienced problems in the past several years relating to the system. Chuck Keyes from PSG has gotten quotes for a new system and the lowest quote received was for $41,019 excluding sales tax. Wayne Mayer will assist John Simola and Chuck Keyes in verifying the elements needed for a new system. Clint Herbst asked if the problem was with the hardware or software. Chuck Keyes responded that the hardware is outdated and there have been 5-6 upgrades to the program but the City's system has not been upgraded. Wayne Mayer stated his concern is that if the City upgrades the system they should get something that is state of the art. WAYNE MAYER MOVED TO AWARD THE INSTALLATION OF THE NEW COMPUTERS AND SOFTWARE SYSTEM TO AUTOMATIC SYSTEM COMPANY BASED UPON THEIR LOW QUOTE OF $41,019 EXCLUDING TAX. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 15 Council Minutes - 4/25/05 13. Consideration of purchase of two new half ton 4x4 pickup for Water/Sewer Collection Department and Street Department. Public Works Director, John Simola indicated one of the vehicles is meant to the replace the 1994 3/4 ton truck that has over 100,000 miles on it. Instead of purchasing another 3/4 ton truck the Street Department decided to go with 1/2 ton truck. The Water/Sewer Collection Department had budgeted for 1/2 ton truck. It is proposed to purchase two 1/2 ton 4 x 4 vehicles. Monticello Ford had agreed to match the state bid prices. Brian Stumpf asked if the City bids a color. John Simola said the Water/Sewer Department goes with blue and the Street Department goes with red and they try to get the closest matching color. Clint Herbst asked about the summer help and their duties. John Simola indicated they do a variety of work such as mowing, patching, striping and other work. Clint Herbst didn't feel the City should be getting two new trucks. He felt the 1994 3/4 ton truck could be given to the Park Superintendent. Brian Stumpf felt that for this year, the Water/Sewer Department was in need of a truck. Clint Herbst agreed that one truck was needed and Brian Stumfp suggested that it be left up to John Simola to determine which department gets the truck. There were some questions on the equipment on the truck such as the sliding window. Wayne Mayer asked what the two way radios cost and Matt Theisen, Water/Sewer Supterintendent indicated it was about $725. Wayne Mayer questioned if the radios were necessary since so many employees had cell phones. John Simola pointed out that not all employees have cell phones and also the radio is easier to operate while driving that using cell phones. GLEN POSUSTA MOVED TO PURCHASE ONE 1/2 TON 4 X 4 PICKUP FROM MONTICELLO FORD AT AN ESTIMATED COST OF $17,788.68. BRIAN STUMPF SECONDED THE MOTION WITH THE UNDERSTANDING THAT THE PARK DEPARTMENT WILL TURN THEIR TRUCK OVER TO THE STREET DEPARTMENT AND THE PARK DEPARTMENT WILL USE THE 199433/4 TON FORD TRUCK. MOTION CARRIED UNANIMOUSLY. Fiber Optics - Wayne Mayer asked the Council to consider setting a workshop for May 23, 2005 at 5 p.m. to cover items such as what is fiber optics, what is available and how the City can provide this service. 16 Council Minutes - 4/25/05 Swan Park - Glen Posusta suggested installing some diagonal parking across the street from the park on Mississippi Drive. If diagonal parking cannot be done he suggested at lest having some drive over curb. The City owns two lots on that side of the street which could be developed but are in need of soils correction and at one time there was some interest by an individual in purchasing the lots. Clint Herbst felt these lots would be better suited for use as park land. It was suggested that John Simola and Bret Weiss look at the possibility of developing these lots for parking. School Boulevard - Glen Posusta was informed that there is some concern about traffic turning left from TH 25 onto School Boulevard ending up in the wrong lane. It was suggested that City look at some signage to see if that would correct the problem. Employee Bonus Program - Glen Posusta suggested that since the Council is not always privy to the daily procedures of the staff, and that there are probably ways for the City to increase efficiency and save money, he wondered if offering some type of bonus progam to employees who provide cost saving procedures might help get the employees involved in looking at ways to provide service in an efficient and fiscally responsible manner. Brian Stumpf suggested setting up a committee to look at this. Trash on Cedar Street - Glen Posusta asked if the City had ever contacted ShawnWeinand about the trash and debris on his property on Cedar Street. Fred Patch said he was not aware that staff had been requested to contact Mr. Weinand. He said some of debris has come over the silt fence from the Wal-Mart site and most is just simple littering however, he will check into this. Criteria Engineer Position - Clint Herbst asked about the status of this and stated this needs to get done so that the position can be advertised. Traffic 4th Street West - Complaints have been received about the traffic on 4th Street and it was suggested that although the Sheriffs Department has been patrolling the area, it may be necesary to have them issue tickets. Rick Wolfsteller will check with the Sheriffs Department regarding the complaints received and their action based on the complaints. Workshop Annexation Agreement - Rick Wolfsteller asked if the Council wanted to schedule a workshop to review the annexation agreement. Clint Herbst felt this would be a good idea since there are some new members on the Council who are not familiar with the annexation agreement. Brian Stumpf pointed out that the City's legal counsel on annexation had responded on the proposed revisions and noted concerns with the proposed changes. The Council scheduled a workshop for 6 p.m. on May 9, 2005. 17 Council Minutes - 4/25/05 14. Consideration of approving payment of bills for April. There were some questions on the bills submitted and what the invoice amounts were for. Clint Herbst stated that he wanted to make it clear that cutting the newspaper and magazine subscriptions was not a money saving issue but rather he felt staff should be reading the papers on their own time. BRIAN STUMPF MOVED TO APPROVE PAYMENT OF THE BILLS. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 15. Adjourn. TOM PERRAULT MOVED TO ADJOURN AT 10:20 P.M. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Recording Secretary 18