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04-13-09 CCITEM 3_2 OTSEGO CITY COUNCIL MEETING OTSEGO CITY HALL APRIL 13, 2009 6:30 PM 1. Mayor Jessica Stockamp will call the meeting to order. Mayor Stockamp called the meeting to order at 6:34 PM. Roll Call: Mayor Jessica Stockamp; Councilmembers: Vern Heidner, Tom Darkenwald, Dan Scharber and Mark Thorsted. Staff: Mike Robertson, City Administrator; Tami Loff, City Clerk; Andrew MacArthur, City Attorney; Dan Licht, City Planner; Ron Wagner, City Engineer; Brad Belair, Public Works Supervisor, and Gary Groen, Finance Director. Pledge of Allegiance: Mayor Stockamp led in the Pledge of Allegiance. 2. Consider agenda approval. CM Scharber requested to remove item McAllister, 77"' 83rd St Shape/Pave from claims list and add to 9.5. City Planner Dan Licht requested to remove item 5.3 for revisions. CM Heidner motioned adoption as amended. Seconded by CM Scharber. All in favor. Motion carried. 3. Consider the following minutes. 3.1. March 9, 2009 Special City Council Minutes. City Administrator Robertson said that they should be listed as a Workshop, not a Special meeting. CM Heidner motioned to approve as amended. Seconded by CM Scharber. Motion carried 4-0. CM Thorsted abstained. 3.2. March 232009 City Council Minutes. CM Scharber motioned adoption. Seconded by CM Heidner. All in favor. Motion carried. 4. Open Forum: (5 minute limit) 4.1. Special Presentation: Otsego Easter Egg Hunt Volunteers. Mayor Stockamp and the Council presented Certificates of Appreciation to the Boy Scouts and Women of Today for their assistance at the Parks Commission Easter Egg Hunt. 5. Consent Agenda. (Non -controversial items). 5.1. Approve Claims List. 5.2. Approve Superior Lawn 2009 Maintenance Agreement. 5.3. Revised Property Maintenance Ordinance 09 -02. -REMOVED 5.4. 2009 Elk River Fire Contract. CM Scharber motioned approval with removal of item McAllister, 77th 83rd St Shape/ Pave from the claims list and item 5.3. Seconded by CM Heidner. Motion carried 4-0. CM Thorsted was not present. 6. Unfinished Business. 6.1. Otsego Streetlights. City Council Meeting April 13, 2009. Page 2. City Engineer Wagner reviewed the proposed 22 street lights listed on map. CM Darkenwald asked if this cost would come out of the capital improvement fund. City Administrator Robertson said it would. CM Darkenwald asked if Street lights at Jaber, Mason and 83rd were needed. Dan Licht said this is following guidelines of the Street light policy and staff is recommending due to the traffic on these roads. CM Heidner said to make sure street light goes up on our side. City Engineer Wagner said that W -H decided on what was most cost effective. CM Darkenwald motioned to approve installation. Seconded by CM Scharber. CM Scharber said he supports this for public safety. All in favor. Motion carried. 6.2. Stangler 2007 mowing fine rebate. City Planner Licht presented the rebate request from Randy Stangler. Council had put a stipulation on his assessment that if he maintained his properties in 2008, the City would rebate the assessment except for $50.00 per parcel. CM Heidner motioned to approve $250 rebate to Randy Stangler. Seconded by CM Thorsted. All in favor. Motion carried. 7. Public Works. No items. 8. Dan Licht, City Planner. 8.1. Douglas Cummings: A. Interim Use Permit to allow accessory outdoor sales and display. City Planner Licht presented the Planners report. Applicants's Attorney Lawrence Marofsky, 7022 Brooklyn Blvd, said they are satisfied and accept the conditions. CM Heidner asked if banners and balloons would be allowed. City Planner Licht said they would not be allowed. CM Scharber motioned to approve subject to the 9 conditions listed in the planners report dated April 7, 09. Seconded by Mayor Stockamp. All in favor. Motion carried. 8.2. Robert & Lori Pratt: A. CUP for a second driveway to a single family lot within an R-3 District. City Planner Licht presented the planners report. Applicant Robert Pratt said he accepts the conditions. CM Heidner motioned to approve CUP allowing construction of a second driveway, subject to the two conditions listed in the planners report dated April 7, 09. Seconded by CM Darkenwald. All in favor. Motion carried. CM Scharber asked what the cost is to go thru this process. City Planner Licht said $1000.00. Admin permit is $200. Mayor Stockamp said Mr. Pratt should not have to pay that amount if Council is going to change it. Council agreed to a rebate to Mr. Pratt. City Council Meeting April 13, 2009. Page 3. City Engineer Wagner said the concern with culverts is to make sure they get at the right grade. City Planner Licht said they can verify that. CM Heidner motioned to have the City Planner set up these kinds of items as an Admin Permit. Seconded by CM Thorsted. All in favor. Motion carried. 8.3. Dan Hennum: A. Zoning Man amendment rezoning from A-1 District to R-7 District B. PUD-CUP/Preliminary Plat. CM Darkenwald stepped down due to conflict of interest. City Planner Licht presented the planners report. Applicant Dan Hennum agrees with the conditions. CM Scharber asked what the estimated start time is. Mr. Hennum said this fall. Mr. Hennum said he has a question on fees. Other states are allowing a Letter of Credit in lieu of paying fees. Saves interest. Not a huge burden to city he feels. CM Heidner said that sewer and water fees are what the city needs up front. CM Heidner asked about parking and street width. He is concerned that they will need to park on both sides of the street. City Planner Licht said he could revise and review with final plat. The street should be wide enough for parking on both sides. CM Thorsted said his concern is the designated on street parking not the width. CM Scharber asked how long the driveways are. City Engineer Wagner said 30 feet long and 12 1/2 foot boulevard. CM Heidner said he has an issue with homeowner's associations. He knows where some builders owned the associations and never turned them over to anyone living there. He is also concerned with association fees. CM Heidner asked if an association is needed. City Planner Licht said for maintenance on the land, which is in common ownership. Mr. Hennum said he doesn't plan on owning once 80 percent of the homes are sold. City Attorney MacArthur said the City is very limited in what it can require from associations. City Planner Licht said that conditions 3 and 4 need to be removed from the list of conditions. CM Scharber motioned to approve a Zoning Map amendment rezoning the subject site from A-1 District to R-7 District based on a finding that the action is consistent with the Comprehensive Plan. Seconded by Mayor Stockamp. Motion carried 4-0. CM Darkenwald abstained. CM Scharber motioned to approve a PUD/CUP Preliminary Plat for River Ridge, subject to the 17 conditions listed in the planners report dated April 7, 09 with removing Conditions 3 and 4 and including modifications for condition 8: 8. The City council shall consider a resolution concurrent with the final Plat application to designate no parking zones as necessary to ensure access is maintained along public streets. Seconded by CM Heidner. Motion carried 4-0. CM Darkenwald abstained. City Council Meeting April 13, 2009. Page 4. Tom Darkenwald, 7515 Quaday Ave., asked how the elevations are going to change at the west property line. City Engineer Wagner said they will be cutting houses into the hill and where it was steeper than 4:1 a tiered retaining wall is shown. Darkenwald asked about North side. City Engineer Wagner said there is a slight drop but the slope is four to one which meets requirements. 9. Ron Wagner City Engineer. 9.1. Resolution 09-05 approving County Project within Municipal Corporate limits. City Engineer Wagner went over a County project to construct street lights at CSAH 42 & CSAH 36 and CSAH 42 & CSAH 37. CM Darkenwald motioned to approve Resolution 09-05. Seconded by CM Heidner. All in favor. Motion carried. 9.2 Safe Routes to Schools Grant. City Engineer Wagner reviewed the Federal Grant the City will receive for installing a path from Quaday Ave to Otsego Elementary along CSAH 42. City Administrator Robertson talked to Elk River Superintendent Mark Bezek and they will be meeting to discuss. The City will combine this with the already planned bike path on school grounds. School will pay for half of the path on school grounds. 9.3 Resolution 09-07 setting a public meeting for discussion of the City's Storm Water Pollution Prevention Program. CM Scharber motioned to approve Resolution 09-07 setting a Public Hearing for May 11, 2009 at 6:30 PM. Seconded by CM Darkenwald. All in favor. Motion carried. 9.4 Continue Assessment Hearing for Quantrelle Avenue Water and Sewer Extension. City Attorney MacArthur reviewed the Public Hearing. He suggested that they consider hooking up with 2 years monitoring to find out actual use. Perry Edwards, President of Mississippi Riverwood Associates (MRWA), reviewed the city's offer and their concerns. Would like until 1st part of June to present to the members what had been presented. Mayor Stockamp motioned continue the Quantrelle Ave Improvement Public Hearing to June 8, 09 at 5:30 PM. Seconded by CM Thorsted. All in favor. Motion carried. CM Heidner asked if any damage to their septic system could have occurred due to flooding. City Engineer Wagner said flood levels didn't get to the bottom of the drainfield. 9.5. McAllister, 77t' 83'd St Soil tests. CM Scharber motioned to approve McAllister, 77u' 83rd St Soil test cost in the amount of $2,297.50. Seconded by CM Darkenwald. All in favor. Motion carried. 10. Andrew MacArthur, City Attorney. City Attorney MacArthur updated the City Council on the Waterfront East agreement with Landcor regarding their Letter of Credit. City Council Meeting April 13, 2009. Page S. City Attorney MacArthur updated the City Council on the letter he received regarding the Monticello -Big Lake Hospital District. They will allow 1 hour for testimony. City Attorney MacArthur will have a draft submission at the City Council Meeting on the 27t'. 11. Council Items. 11.1. HPC Surve . City Administrator Robertson went over changes he suggests. CM Scharber said these were some of the points he brought up at the meeting and he agrees. CM Thorsted said he was planning on bringing this up at the HPC meeting last week but only Ron Black showed up. CM Thorsted supports the changes. CM Heidner asked if cost of project should be listed. CM Scharber feels it should be left out to get a true answer. CM Heidner said people may be disappointed to find out amount after they agreed. After changes City Council agreed the survey should be added to the Otsego View. Mr. Robertson said staff will do this. -Rif 1 wmc nus irai uistrict Info Meetings. The Mayor, Council, City Planner, City Attorney and City Administrator will be present. The intent of meeting is to update residents and answer questions. This will be posted on website and in the Star News. CM Heidner suggested a small add in Star News as well. CM Heidner motioned to approve Informational meetings on April 21 & 22, from 7PM-8PM cost from the Council Contingency Fund. Seconded by CM Thorsted. All in favor. Motion carried. 1�. 2008 year end transfers to finance bald Finance Director Groen presented the proposed transfers. of nro�ects. CM Heidner motioned adoption. Seconded by CM Scharber. All in favor. Motion carried. 11.4. Scharber & Sons invoice. CM Heidner motioned to approve. Seconded by CM Thorsted. Motion carried 4-0. CM Scharber abstained. 12. Mike Robertson Ci Administrator. No items. 13. Tami Loff Ci Clerk. --��..�u.a��� G,a�ea to aeve�o menta lications CM Heidner motioned to approve Resolution 09-06 setting Public Hearin.g date for May 11, 09 at 5:30 PM. Seconded by CM Thorsted. All in favor. Motion carried. 14. Adiourn by 10 PM. CM Scharber motioned to adjourn. Seconded by CM Darkenwald. All in favor. Motion carried. Adjourned at 8:56 PM. ATTEST: -&Alld Tami Loff, City Clerk Mayor Jessica Stockamp