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03-26-07 CCITEM 3-2 OTSEGO CITY COUNCIL MEETING OTSEGO CITY HALL MARCH 26, 2007 6:30 PM 1 Mayor Larry Fournier will call the meeting to order. Mayor Fournier called the meeting to order at 6:32 PM. Roll II: Mayor Larry Fournier; Councilmembers: Vern Heidner, Tom Darkenwald, Jessica Stockamp and Mark Thorsted. Staff: Mike Robertson, City Administrator; Judy Hudson, City Clerk/Zoning Administrator; Laurie Shives, Associate City Planner; Ron Wagner, City Engineer; Andy MacArthur, City Attorney, Tami Loff, Administrative Assistant, Gary Groen, Finance Director and Brad Belair, Public Works Director. Pledge of Allegiance: Mayor Fournier led in the Pledge of Allegiance. 2 Consider agenda aolro oval. Mayor Fournier would like to move 10.1 Vacation of Outlot B in Riverpointe 2nd Addition to 4.1. , remove item 8.1., add 9.4. Approve Assessment Roll for I-94 Industrial Park and 11.1. Advertise for sale or destroy Tin Shed. Mike Robertson would like to add 12.3. League of MN Cities Conference and 12.4. Teen Curfew. CM Heidner motioned adoption of agenda as amended. Seconded by CM Stockamp. All in favor. Motion carried. 3 Consider the following minutes. 3.1. March 12. 200 City Council Meeting. �..� Addition of consultants. CM Stockamp motioned to adoption of minutes as amended. Seconded by CM Thorsted. All in favor. Motion carried. 3.2. March 12, 2007 Public Hearing.Mispelled Cm Heidner motioned to approve. Seconded by CM Stockamp. All in favor. Motion carried 4 Open Forum: (5 minute limit) Kathy Pederson, 9362 Nason Court, with the Otsego Snowmobile Club, gave an update. Kathy said next season they will vote for a new President and Chair of the club. They have 87 members at this time. Mayor Fournier said they are doing a good job. Ms. Pederson asked if they are able to mount signs to stop signs. Ron Wagner City Engineer said that is prohibited. Ms. Pederson is also wondering if it is possible to post neighborhood watch signs in her neighborhood. CM Heidner said that it is possible if they follow all guidelines for Neighborhood Watch Program. Mayor Fournier stated that starting July 1st, 2007 the City will be adding 8 more hours of police patrol. 41 Vacation of Outlot B in Rivergointe 2n4Addn. Public Hearing: City Attorney Andy MacArthur went over the Vacation of Outlot B. City Council Meeting of March 26, 2007. Page 2. Applicant Christine Cook, Lennar Corp, said she agrees with Staff conditions. Mayor Fournier opened the Public Hearing at 6:48 PM. Hearing no Public comment Mayor Fournier closed the Public Hearing at 6:49 PM. CM Heidner motioned adoption of Resolution 2007-20 Approving Vacation of Drainage and Utility Easements over Outot B in Riverpointe 2nd Addn. Seconded by CM Thorsted. All in favor. Motion carried. 5. Consent Agenda (Non -controversial items). 5.1. Approve Claims List. 5.2. Received February 7, 2007 Park & Rec Commission Minutes. 5.3. Received January 9, 2007 Police Commission Minutes. 5.4. Received February 13, 2007 Police Commission Minutes. 5.5. Approve Pay Estimate #3 to S.R. Weidema in the amount of $133,106.80 for 65"' St. Dual Force Main. 5.6. Approve Pay Estimate #2 to Traut Wells, Inc. in the amount of $11,193.38 for Test Well #8. 5.7. Approve Pay Estimate #3 to Killmer Electric in the amount of $120,735.12 for CSAH #42 Traffic Signals. 5.8. Approve Pay Estimate #1 to Pittsburg Tank & Tower in the amount of $185,725.00 for Water Tower #3. 5.9. Approve Pay Request to Bonestroo in the amount of $7,946.52 for WWTF West and East. CM Thorsted motioned to approve Consent Agenda. Seconded by CM Heidner. All in favor. Motion carried. 6. Old Business. 6.1. Approve Assessment Roll for Mississippi Shores 6d', 7d' and 8"' Additions (Frontage Road). City Attorney Andy MacArthur went over the Resolution 2007-17. CM Darkenwald motioned to approve Resolution 2007-17 Adopting Additional Assessment of $44,569.16 for Frontage Road Improvements Previously not Assessed for Mississippi Shores 6"', 7th and 8t'. Seconded by CM Stockamp. All in favor. Motion carried. 7. Public Works. 7.1. Aonrove Sale of Oil & Gasoline Tanks. Public Works Director Brad Belair went over the bids he received for the sale of the old Fuel Tanks located at the old Public Works building. Brad recommends the high bid from Egan Oil for $4,000. Mayor Fournier motioned to approve the sale of Oil & Gasoline Tanks to Egan Oil in the amount of $4,000. Seconded by CM Stockamp. All in favor. Motion carried. City Council Meeting of March 26, 2007. Page 3. 8. Laurie Shives, Associate City Planner. 8.1. T -Mobile USA: A. CUP to allow PCS tower/antenna within a INS District. B. Variance from Sec. 20-33-4.A.2.c.1 of the Zoning Ordinance to allow a tower height of 120 feet. Associate City Planner Laurie Shives stated that revised plans have not been submitted so this item will be on the next City Council Meeting. 8.2. Friendship Addition: Laurie Shives, went over the Planners Report. Ron Wagner, City Engineer went over the Engineer's Report. Applicant Bob Fields, Landcor Companies, stated that he was okay with the conditions. Mayor Fournier questioned the road placement. City Administrator Mike Robertson said he received a call from Resident Tim Neibling, 15647 90th St, that he is in favor of putting 88"' Street on properly line. CM Heidner said the property owners along CSAH 42 were paid for the land needed to widen the road. A. Zoning Map amendment rezoning from A-1 District to PUD District. B. PUD Development stage Plan for four (4) stand alone Commercial Buildings. C. Preliminary/Final Plat. CM Heidner motioned to approve a Zoning Map Amendment, PUD Stage Plan and Preliminary/ Final Plat for Friendship Addition subject to the 24 conditions listed in Planners Report dated March 21, 2007. Seconded by CM Thorsted. All in favor. Motion carried. 8.3. Waterfront East 3rd Addn: Laurie Shives, Associate City Planner went over the Planners Report. City Engineer Ron Wagner went over the Engineer's Report. CM Heidner stated his concern with the parking lot conditions. He would like condition added that it is subject to site and building plan approval. A. Amendment of the PUD Development Stage Plan for Waterfront East. CM Heidner motioned to approve the amended PUD Development Stage Plan, amended preliminary plat and final plats for Waterfront 3rd and 4th Additions subject to 21 conditions listed in Planners Report with addition of condition 22. Access and circulation to the parking Feld for the retail box site shall be subject to further review as a part of the site and building plan application. Seconded by CM Stockamp. Motion carried 4-0. CM Thorsted abstained. City Council Meeting of March 26, 2007. Page 4. 8.4. An amendment of the Zoning Ordinance related to conditional and Interim uses within the various districts and criteria for approval of Zoning Ordinance Amendments, Conditional Use Permits and Interim use Permits. Associate City Planner Laurie Shives went over the Amendment. Mayor Fournier asked what is the intent. Ms. Shives said it is for greater control. CM Thorsted asked if this would apply to the Pouliets CUP if they re-applied. City Attorney Andy MacArthur said yes. CM Darkenwald asked when this would be in effect. Judy Hudson, City Clerk/Zoning Administrator said it would be effective on publication next week. CM Heidner motioned adoption of Ordinance 2007-03 An Amendment of the Zoning Ordinance related to Conditional and Interim uses within the various Districts and criteria for approval of Zoning Ordinance Amendments, Conditional Use Permits and Interim Use Permits. Seconded by CM Darkenwald. All in favor. Motion carried. 9. Ron Wagner, City Engineer. 9.1. Discussion of Otsego Creek North of Section 30 Wetland City Engineer Ron Wagner went over drainage in Otsego Creek and section 30 wetland. Mr. Wagner presented photos. He feels some culverts need to be upgraded and would like Council direction to put together plans. Estimated cost would be around $75,000. That would come out of the Otsego Creek Storm Water funds. Mayor Fournier asked if this will eliminate problems with water. Mr. Wagner responded that this should help prevent roadway and driveway overtopping. CM Heidner said that we will have to include City of Albertville in this project. Administrator Mike Robertson said they would pay a portion of costs above section 30 wetland. Wil Nordin, 13265 NE 95"' St, said he has had problem with water since he has been there. Mr. Nordin said he thinks maybe there should be two culverts. CM Heidner asked Mr. Nordin if he has any issues with the City going on his property. He said no. Ruth Nordin, 13265 NE 95"' St, asked if the DNR will be notified. Mr. Wagner replied yes. Mrs. Nordin also wanted to make sure that this would not cause any problem for her neighbor Hasslen's property. Council directed Mr. Macarthur to draft an agreement granting easement for the Nordin and Hasslen Properties. Mr. Wagner said if directed he could put together a Feasibility Report on cost estimate. Mayor Fournier asked Ron when they would do this project. Ron said in August or September. Mayor Fournier motioned to have City Engineer Ron Wagner put together a Feasibility Study. Seconded by CM Heidner. All in favor. Motion carried. 9.2. Consider Approving Plans for Well #8 and Pumphouse #2 Revisions. Ron went over the Improvement Project. Bids would open April 25"', 2007 at 10:00 AM. CM Darkenwald motioned to approve Resolution 2007-21 Approving Plans and Specifications and ordering advertisement for bids. Seconded by CM Stockamp. All in favor. Motion carried. City Council Meeting of March 26, 2007. Page S. 9.3. Consider Change Order #1 for CSAH #42 Signals to Killmer Electric in the amount of $7,301.11 (previously discussed) Ron Wagner went over the Change Order for CSAH 42 Signals. CM Heidner motioned to approve Change Order #1 to Killmer Electric in the amount of $7,301.11. Seconded by CM Thorsted. All in favor. Motion carried. 9.4. Approve Assessment Roll for I-94 Industrial Park. City Engineer Ron Wagner went over the assessment. City Attorney MacArthur said that all property owners waived a hearing. Mr. MacArthur said the Zachman's do not have to be notified because they are not part of the assessment. CM Darkenwald asked if property owners will have to pay when they come in to develop. Mr. MacArhtur said it will be included in the developer's agreement because it is an access fee. CM Heidner moved adoption of Resolution 2007-19 assessments for sanitary sewer and watermain improvements to Otsego I-94 West Industrial Park. Seconded by Mayor Fournier. All in favor. Motion carried. 10. Andrew MacArthur, City Attorngy. PUBLIC HEARING: 10.1. Vacation of Outlot B in Riverpointe 2nd Addn. Moved to 4.1. NON-PUBLIC HEARING: 10.2. Review of Waterfront East Skyway Agreement. City Attorney Andy MacArthur went over the proposed Agreement. City Engineer Ron Wagner said the Skyway would have to be at least 15 1/2 feet above road. CM Heidner motioned to approve agreement with addition of City Engineer Ron Wagner's requests. Seconded by Mayor Fournier. All in favor. Motion carried. 10.3. Update on Hospital District. Mr. MacArthur has not received the cost estimates yet. He will continue to work on this. 11. Council Items. 11.1. Advertise for sale or destruction of Tin Shed. City Council directed staff to move forward with advertising. 12. Mike Robertson, City Administrator. 12.1. Set Emergency Planning Exercise. City Council Workshop was set up for April 30"', 2007 at 5:00 PM. 12.2. Update on East WWTF damage. Mike Robertson gave an update. 12.3. League MN Cities Conference. City Administrator Mike Robertson informed City Council that the League of MN Cities Conference in Duluth is June 28t�' and 29"'. City Council Meeting of March 26, 2007. Page 6. 12.4. Teen Curfew. Mike Robertson went over an email he received from a resident concerning the teen curfew. Our curfew is earlier than surrounding cities Rogers and Elk River. CM Heidner stated that the reason for that in the past was to match other Wright County Cities. City Council recommended this be brought to the Police Commission for review. 13. Judy Hudson, City Clerk. 13.1. 2007 clean up month. Mayor Fournier motioned approval. Seconded by CM Stockamp. All in favor. Motion carried. Mrs. Hudson informed Council about the Staff Meeting Thursday March 29, 2007 at 10:30 AM regarding Kadler Ave and a Meeting with the Wright County Sheriff's at the Public Works Building Tuesday April 3, 2007 at 2:00 PM. 14. Adjourn by 10 PM. CM Stockamp moved to adjourn at 9:14 PM. Seconded by CM Darkenwald. All in favor. Motion carried. Mayor Larry Fournier ATTEST: Tami Loff, Administrative Assistant