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04-24-06 CCITEM 3-1 OTSEGO CITY COUNCIL MEETING OTSEGO CITY HALL APRIL 24, 2006 6:30 PM 1. Mayor LarryFournier will call the meeting to order.` Mayor Fournier called the meeting to order at 6:35 PM. Roll Call: Mayor Larry Fournier; Councilmembers Vern Heidner, Dan Scharber, Jessica Stockamp and Mark Thorsted. Staff: Mike Robertson, City Administrator; Judy Hudson, City Clerk/Zoning Administrator; Andrew MacArthur, City Attorney; Dan Licht, City Planner; Ron Wagner, City Engineer and Brad Belair, Public Works Director. Pledge of Allegiance: Mayor Fournier led 'in the Pledge of Allegiance. 2. Consider agenda approval. Mayor Fournier requested to move Item 5.2. to 10.2; remove Item 9.2. to the May 4, 2006 Special Council Meeting Agenda and under Item 10.3. add Mike Robertson's Memo of March 20, 2006. CM Heidner motioned to adopt the April 24, 2006 City Council Agenda as amended. Seconded by CM Thorsted. All in favor. Motion carried. 3. Consider the following minutes. 3.1. April 10, 2006 City Council Meeting, CM Scharber motioned adoption. Seconded by CM Stockamp. All in favor. Motion carried. 4. Open .Forum: (5 minute limit) 4.1. Special Presentation: Otsego Easter Egg Hunt Volunteers. Mayor Fournier and the Council handed out Certificates and recognized members of the Boy Scouts Pack 90 for their volunteer work at the Otsego Easter Egg Hunt. Mayor Fournier also thanked the members of the Parks Commission for their volunteer work with this successful event. 4.2. Karen Cavett: Bonestroo Change Order No.3 & Change Order No.6. Karen Cavett reviewed Change Orders No. 3 and 6 for the West Treatment Plant. She also gave an update of Phase III East WWTP, which is on6schedule. CM Heidner motioned to , approve Change Order No. 3 for $4,666.00. Seconded by CM Stockamp. All in favor. Motion carried. l: CM Heidner motioned to approve Change Order No. 6 for $12,564, with the tenants paying 50%. Seconded by CM Scharber. All in favor. Motion carried. 5. Consent Agenda. (,Non -controversial items). 5.1. Approve Claims List. 5.2. Featherwind: Variance from Sec. 20-95-7.CA of the Zonin Ordinance. 5.3. Boulder Creek: EAW City Council Meeting of April 24, 2006. Page 2. CM Heidner motioned to adopt the Consent Agenda as amended. Seconded by CM Stockamp. All in favor. Motion carried. 6. Public Works. 6.1. Approve bid for 2006 Park Construction. CM Scharber motioned to award the bid to Buffalo Bituminous, Inc. for $1,591,056.25. Seconded by CM Stockamp. All in favor. Motion carried., 6.2. Consider Purchase of Park Mower. Brad Belair went over his recommendation to purchase the Exmark. CM Heidner motioned to approve the purchase of the Exmark Mower for $11,222.97 with the attachments. Seconded by CM Thorsted. CM Scharber abstained. Motion carried. r 6.3. Consideration of Quote to re -roof old Town hall. Brad Belair went over the quotes. CM Scharber motioned to accept the bid from G.L. Roofing for $5,880. Seconded by CM Heidner. All in favor. Motion carried. 6.4. Consider Purchase of Roller. Brad Belair went over his needs for a larger Roller. Mayor Fournier motioned to purchase a used Roller for $12,500 plus tax and delivery fee if applicable. Seconded by CM Thorsted. All in favor. Motion carried. 7. Dan Licht, City Planner. 7.1. Corrine Olson/k-9 Training Center of MN: A CUP for day/evening dog training facility within an A-1 District. Dan Licht presented the Planner's Report. The applicant, Corrine Olson, stated that she agrees with the conditions. CM Heidner went over his concerns of dust control issues, the increase of traffic on this gravel road and lack of parking. Ms. Olson feels they have adequate parking space and when conducting seminars she would have a parking attendant. Mr. Wagner said he will review her parking situation. Mayor Fournier said he is concerned with the dogs barking. Ms. Olson replied that there would be no continuous barking and there is no overnight boarding. Mr. Licht said that if there would be any problems with this facility that the Conditional Use Permit could be revoked. Brad Belair stated he feels that Kahler Avenue can handle the cars but there will be dust which can be handle through application of a dust control application. Ms. Olson agreed to pay for the dust control application. CM Scharber motioned to approve the Conditional Use Permit to allow a dog training facility at 9322 Kahler Avenue NE, subject to the 11 conditions listed in the Findings of Fact adding two additional conditions for dust control and no parking in the right-of-way. Seconded by CM Stockamp. All in favor. Motion carried. City Council Meeting of April 24, 2006. Page 3. 7.2. Richard & Claudia Nelson: a CUP to allow relocation of a single family home to an R-3 Residential Lot. Dan Licht presented the Planner's Report. Mr. Nelson, applicant, agreed with the conditions. CM Heidner motioned to approve the Conditional Use Permit to allow a building relocation at 14123 88th Street five conditions listed in the Findings of Fact. Seconded by CM Scharber. All in favor. Motion carried. 7.3. Davis Mississippi Cove: b Variance from Section 20-95-7.C.1 of the Zonina Ordinance. C. PUD-CUP/Preliminary Plat. d Vacation of underlying Otsego Townsite Plat. Dan Licht presented the Planner's Report. Ron Wagner went over his engineering items. Scott Dahlke, applicant, agreed with the conditions. CM Heidner motioned to approve a Zoning Map amendment to rezone the subject site from A-1 District to R -C District based on a finding that the request is consistent with the Comprehensive Plan. Seconded by CM Scharber. All in favor. Motion carried. CM Heidner motioned to approve a variance from Section 20-95-7.C.1 of the Zoning Ordinance based on a finding that compliance with the regulation causes an undue hardship in preserving rural character and protecting significant natural resources, including the shoreline of the Mississippi River consistent with the goals and policies of the Comprehensive Plan. Seconded by CM Scharber. All in favor. Motion carried. CM Heidner motioned to approve a Preliminary Plat and PUD -CUP for Davis Mississippi Cove, subject to the four conditions listed in the Findings of Fact. Seconded by CM Scharber. All in favor. Motion carried. CM Heidner motioned to approve vacation of, the original town plat underlying the subject site based on a finding that the request necessary to allow for development consistent with the Comprehensive Plan, Zoning Ordinance and Subdivision Ordinance. Seconded:i by CM Scharber. All in favor. Motion carried. 7.4. Any other Planning Items. Jim from Alpine Homes, on the behalf of all the builders in Riverwood National, asked the Council to release Building Permits for this development. Ron Wagner updated everyone on the Kadler Avenue Forcemain project which he feels is far enough along to release building permits. Mr. MacArthur agreed with releasing the permits as all agreements have been signed. CM Heidner motioned to release building permits,in the Riverwood National Development. Seconded by Mayor Fournier. All in favor. Motion carried. City Council Meeting of April 24, 2006. Page 4. 8. Ron Wagner, City Engineer. 8.1. Consider Av-ProvinQ F Mayor Fournier motioned to adopt Resolution 2006-33 approving Plans and Specifications and ordering advertisement for bids.,for the Street and Storm Sewer Improvements of CSAH 42 (Parrish Avenue). Seconded by CM Stockamp. All in favor. Motion carried. 8.2. Consider Am)rovinq Plans and Specs and Ordering Advertisement for bids TH101 . Mayor Fournier motioned to adopt Resolution 2006-30 approving Plans and Specifications and ordering advertisement for bids for the construction of Improvement Project No. 06-03 Trunk Sanitary. Sewer and Water along Trunk Highway 101 and CSAH 42. Seconded by CM Scharber. All in favor. Motion carried. 8.3. Consider Awarding Contracts for 2006 Otsego Street Maintenance Projects. Brad Belair went over the quotes for crack filling. CM Scharber motioned to award the crack filling project to Bargen for $29,981.80. Seconded by CM Heidner. All in favor. Motion carried. Ron Wagner went the bids received for the 2006 Street Maintenance Projects. Mayor Fournier motioned to approve Resolution 2006-32 awarding the bid for the contraction of the 2006 Street Maintenance Project 06-10 to Allied Blacktop, Co. for $229,398.89. Seconded by CM Thorsted. All in favor. Motion carried. 9. Andrew MacArthur, City Attorney. Andy MacArthur went over the Agreement for State Highway 101 noting that Parrish Avenue should be removed from Section E, Page 12 and Section F, Page 13. CM Scharber motioned to approve Resolution 2006-31 authorizing execution of MnDOT Agreement Mp/ 89418-R between the City of Otsego and State of Minnesota, Department of Transportation. Seconded by CM Stockamp. All in favor. Motion carried. 9.2. Consider Great River Centre Developer's Agreement. This Item was deleted from this Agenda and added to the May 4, 2006 Special City Council Agenda. 9.3. Review of Monticello Hospital District. Mr. MacArthur requested to have this Item on the next City Council Agenda. 9.4. Grading permit for Gateway North. Mayor Fournier motioned to approve the Grading Permit for Gateway North. Seconded by CM Heidner. All in favor. Motion carried. City Council Meeting of April 24, 2006. Page 5. 7.J. L.Vl I,IUCI rl It4i IVVQY LV1-VVI Ili IL%-kJUI ILy M41 GGL I IG I I I. Andy MacArthur went over this Agreement which the County will be considering at their meeting this week. CM Scharber motioned to approve the Agreement. Seconded by CM Stockamp. All in favor. Motion carried. 10. Council Items. 10.1. Consider Request to Assess SAC/WAC charges ,to Leaps & Bounds. CM Scharber motioned to add to the 2007 Assessment Roll the SAC/WAC Fees for Leaps & Bounds for seven years at 7%. Seconded by CM Heidner. All in favor. Motion carried. 10.2. Claim List CM Heidner motioned to approve the Scharber, and Sons Claims List. Seconded by CM Stockamp. CM Scharber abstained. All in favor. Motion carried. 10.3. Mike Robertson's Memo of April 20, 2006. CM Heidner motioned to approve the City Administrator's recommendation for the Building Technician position and salary. Seconded by CM Scharber. All in favor. Motion carried. 11. Mike Robertson, City Administrator. 11.1 City Vehicle use Policy. Mayor Fournier motioned to adopt the City Vehicle; Use Policy included a No Smoking Clause. Seconded by CM Heidner. All in favor. Motion carried. 12. Judy Hudson, City Clerk. No updates. 13. Adjourn by 10 PM. CM Scharber motioned to adjourn. Seconded by CM Stockamp. All in favor. Motion carried. Meeting adjourned at 9:40 PM. Mayor Larry Fournier ATTEST: Judy Hudson