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05-08-06 CCOTSEGO CITY COUNCIL MEETING OTSEGO CITY HALL May 8, 2006 6:30 PM 1. Mayor Larry Fournier will call the meeting to order. Mayor Fournier called the meeting to order at 6:37 PM. Roll Call: Mayor Larry Fournier; Councilmembers: Vern Heidner, Dan Scharber and Jessica Stockamp. Absent: Mark Thorsted. Staff: Mike Robertson, City Administrator; Judy Hudson, City Clerk; 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 add under Item 8.3. Wright County Letter regarding Jaber Avenue; remove Item 8.3. to under Item 12.1; add under 9.4. Tim Ekeren property. CM Heidner motioned to adopt the May 8, 2006 City Council Agenda as amended. Seconded by CM Scharber. All in favor. Motion carried. 3. Consider the following minutes. 3.1. April 24, 2006 City Council Meeting_ CM Heidner motioned adoption. Seconded by CM Stockamp. All in favor. Motion carried. 3.2. April 24, 2006 City Council Workshop. CM Heidner motioned adoption. Seconded by Mayor Fournier. All in favor. Motion carried. 3.3. April 20, 2006 Board of Review. CM Stockamp motioned adoption. Seconded by CM Heidner. All in favor. Motion carried. 4. Open Forum: (5 minute limit) Susan Brown, 59th Street, said she has a water problem because the water in the ditches is not draining and the business across the street has too bright of street lights. John Filipczak, Queens Avenue, has a pond in his back yard which is shared with other properties. Last year he had water in his basement and it is very close to doing this again this year. Mr. Filipczak feels there is no outlet for this pond. Dan Licht said he will be reviewing this area on Thursday and will require the business to turn their lighting fixtures down. Ron Wagner said he and Brad Belair have reviewed the Wokson Hills area. Brad has opened up the ditches in this area but there is a long pipe going under a parking lot and they need to make sure this pipe is opened and he will be talking to the property owner. Mr. Wagner said that it appears there is no outlet for the pond and to fix would need to bore a drain tile. There are about a dozen properties that drain into this pond but probably affect only about three. The City Council directed the City Engineer to do a review of this drainage issue and come back with some options. City Council Meeting of May 8, 2006. Page 3. The Filipczaks also stated their concern with the speeding that goes on in front of their house. Mr. Belair will put up more signage and Mike Robertson will tell the deputies. 5. Consent Agenda. (Non -controversial items). 5.1. Approve Claims List. 5.2. Approve Pay Estimate #1 for Kadler Ave. Forcemain in the amount of $243,560.98. 5.3. Approve Pay Request for Otsego East WWTF to Bonestroo in the Amount of $168,318.00. Morrie Kallman, Bonestroo, updated the Council on Phase III of the East Sewer Treatment Plant. CM Scharber motioned adoption of Consent Agenda. Seconded by CM Stockamp. All in favor. Motion carried. 6. Public Works. Mayor Fournier asked about the condition of the City's gravel roads. Mr. Belair said they are in terrible shape due to the weather but that grader is out everyday and will start patching next week. Mr. Belair also said that the Prairie Park Shelter wall is now in place. He will be meeting with the Women of Today regarding the Adopt a Park Program. In response to CM Heidner's question, the Speed Wagon has been serviced and he will have it out next week. 7. Dan Licht, City Planner. 7.1. Nathe 2nd Add: A. Preliminary_ plat/Final plat. Dan Licht presented the Planner's Report. CM Heidner motioned to approve the Preliminary Plat and Final Plat for the Nathe 2nd Addition subject to the six conditions listed in the Findings of Fact. Seconded by CM Stockamp. All in favor. Motion carried. 7.2. Boulder Creek: A. Rezoning from A-1 District to R-5 District, R-6 District and R-7 District. B. PUD-CUP/Preliminary Plat. Dan Licht presented the Planner's Report. John Jackels, applicant, stated they agree with the conditions but asked for clarification on Condition No. 5 and Condition No. 9. For Condition No. 9 Dan Licht said there is one exception for the width of driveway which is the one with the least amount of units. CM Heidner asked about the phasing and the construction of the major north/south road. The Council agreed and would like to see equal number of town homes and single family homes in each phase. CM Heidner motioned to approve a Zoning Map amendment rezoning the subject site from A-1 District to R-6 District and R-7 District based on a finding that the action is consistent with the Comprehensive Plan. Seconded by CM Scharber. All in favor. Motion carried. City Council Meeting of May 8, 2006. Page 4. CM Heidner motioned to approve a PUD-CUP/Preliminary Plat for Boulder Creek subject to the 16 Conditions listed in the Findings of Fact, with Condition 16 stating that the developer shall submit a graphic phasing plan for build out of the subdivision with the initial final plat application which is subject to review and approval of the City Council, changing Conditions 9 and 16 to include except as approved by City Staff. Seconded by CM Scharber. All in favor. Motion carried. 7.3. Crimson Ponds West 2nd Addition: A. Final Plat. Dan Licht presented the Planner's Report. Ron Wagner went over his engineering items and discussed with the Council the extension of 75th Street. Mayor Fournier motioned to approve the Final Plat for Crimson Ponds West 2"d Addition subject to the six conditions and subject to the recommendation of City Engineer for the construction of 75th Street being delayed beyond the boundaries of the plat. Seconded by CM Scharber. All in favor. Motion carried. 8. Ron Wagner, City Engineer. 8.1. Consider 2006 State Aid Street Designation Changes (Revisited CM Scharber motioned to adopt Resolution 2006-34 revoking Municipal State Aid Streets: 70th Street NE form CSAR 19 to MacIver Avenue and MacIver Avenue from CSAH 37 to 70th Street. Seconded by CM Stockamp. All in favor. Motion carried. CM Scharber motioned to adopt Resolution 2006-35 establishing Municipal State Aid Streets: MacIver Avenue from 85th Street to CSAH 39. Seconded by CM Stockamp. All in favor. Motion carried. 8.2. Waterfront East-Reguest to Assess Sidewalk. Ron Wagner went over his Engineering Report. CM Heidner motioned to direct the Developer of Waterfront East to design the sidewalks for Building B and E and submit them to the City Engineer for his review. Seconded by CM Stockamp. All in favor. Motion carried. 8.3. Monticello Township/ Jaber Avenue Street Letter from Wright Co Mayor Fournier and Ron Wagner will attend the May 15, 2006 Monticello Town Board Meeting. 9. Andrew MacArthur, City Attorney. 9.1. Review of Monticello Hospital District. The City Council directed the City Attorney to start the process for a Public Hearing to remove the City of Otsego from the Monticello Hospital Taxing District. 9.2. PUBLIC HEARING: Wellhead Protection Plan. Mayor Fournier opened the Public Hearing at 9:20 PM. Hearing no public comments Mayor Fournier closed the Public Hearing at 9:21 PM. City Council Meeting of May 8, 2006. Page S. Mayor Fournier noted Wright County's Letter. Mayor Fournier motioned to adopt Resolution 2006-36 adopting Part 2 - Wellhead Protection Plan. Seconded by CM Stockamp. All in favor. Motion carried. 10. Council Items. 10.1. Approve Wellhead Protection Plan. (Previously approved) 10.2. Review Workers Comp Coverage CM Heidner motioned to cover all City Commissioners with Workers Comp. Seconded by CM Stockamp. All in favor. Motion carried. 10.3. Accept Resignation of Phil Larsen from Police Commission CM Scharber motioned to accept the resignation of Phil Larsen from the Police Commission. Seconded by CM Heidner. All in favor. Motion carried. 10.4. Tim Ekeren property. Mayor Fournier directed Staff to start up the continuing prosecution of Tim Ekeren's violations of the City's Ordinance. 11. Mike Robertson, City Administrator. 11.1 Consider Budget Transfer. Mayor Fournier motioned to transfer $145,687 to the Capital Improvement Fund. Seconded by CM Stockamp. All in favor. Motion carried. 11.2. Consider Revised Personnel Policy. The City Council directed Mike to place the Employee Personnel Policy on the May 22, 2006 City Council Consent Agenda. 12. Judy Hudson, City Clerk. CM Stockamp motioned to adopt the VFW Buddy Poppies Proclamation. Seconded by CM Heidner. All in favor. Motion carried. 12.1. Closed Meeting. CM Scharber motioned to close the City Council Meeting. Seconded by CM Heidner. All in favor. Motion carried. Meeting closed at 9:39 PM. CM Scharber motioned to close the Closed Meeting at 9:53 PM. Seconded by CM Stockamp. All in favor. Motion carried. CM Scharber motioned to re -open the City Council Meeting. Seconded by Mayor Fournier. All in favor. Motion carried. Meeting re -opened at 9:53 PM. 13. Adjourn by 10 PM. CM Scharber motioned to adjourn. Seconded by CM Stockamp. All in favor. Motion carried. Meeting adjourned at 9:56 PM. Mayor Larry Fournier ATTEST: Judy Hudson, City Clerk/Zoning Admin.