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06-13-05 CC (2)OTSEGO CITY COUNCIL MEETING OTSEGO CITY HALL JUNE 13, 2005 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 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 and Ron Wagner, City Engineer. Pledge of Allegiance: Mayor Fournier led in the Pledge of Allegiance. 2. Consider agenda approval. Mayor Fournier requested to move Item 8.1. to Item 6.1.; move Item 8.2. to 6.2.; add under Item 10.1. Crimson Pond Grading ,Agreement. CM Thorsted requested to add under Item 10.2. Park Commission Update. Mike Robertson requested to add Item 10.3. Wright County Meeting. Ron Wagner requested to add under Item 8.4. Water Tower No. 1 Pressure Wash Quote and under Item 8.5. Final Payment to Kuechle. CM Scharber motioned to approve the June 13, 2005 City Council Agenda as amended. Seconded by CM Thorsted. All in favor. Motion carried. 3. Consider the following minutes 3.1. May 23, 2005 City Council Meeting. CM Scharber motioned adoption. Seconded by CM Stockamp. Voting For the Motion: Mayor Fournier; CM Scharber; CM Stockamp and CM Thorsted. Abstained: CM Heidner (did not attend this meeting). Motion carried. 3.2. June 1, 2005 City Council Workshop. CM Heidner motioned adoption. Seconded by CM Scharber. All in favor. Motion carried. 4. Open Forum: (5 minute limit) 4.1. Rose Cassady, Otsego Festival Update. Rose Cassady gave a Festival Update and thanked the Council for their past support. Mayor Fournier motioned to donate $3,000 to the 2005 Otsego Festival from the Council Contingency Fund. Seconded by CM Stockamp. All in City Council Meeting of 3une 13, 2005. Page 2. favor. Motion carried. 5 Consent Agenda. (Non -controversial items). 5.1. Approve Claims List. 5.2. Approve Payment No. 6 to Liberty Construction for $18,600 for Lily Pond Park. 5.3. Approve Ordinance 2005-12 amending the boundaries of the Wild Scenic Recreational River District. 5.4. Approve Ordinance 2005-13 amending the Zoning Ordinance modifying the Front Yard Setback requirements for Commercial, Industrial and Institutional Zoning Districts. 5.5. Approve Ordinance 2005-14 amending the Peddler's Ordinance. 5.6. Approve Payment No. (Final) to Pipe Services for Sanitary Sewer Cleaning Services for $2,423.92. 5.7. Approve Payment No. 2 (Final) to EH Renner for Well #7 (Prairie Park) for $6,023.20. CM Heidner motioned adoption of the Consent Agenda. Seconded by CM Scharber. All in favor. Motion carried. 6. Public Works. 6.1. Dust Control Ron Wagner presented his Dust Control Policy. Evelyn Koenig, Nashua Avenue, spoke in favor of Dust Control. Ed Greninger, 70th Street, asked why 67th Street was re -opened as he doesn't want all the construction vehicles going on his road. Ron Wagner explained the concrete barriers were moved by the construction workers. Dennis Beaudry, 77th Street, wants Dust Control. Floyd Goenner, Nashua Avenue, requested Dust Control. Kathy Beaudry, 77th Street, said she wants the contractors to pay for Dust Control and to cut off 67th Street. Mayor Fournier motioned to apply Dust Control on Nashua Avenue (from 83rd St to 77th St.) McAllister Avenue (from 77th St. to CSAH 37) 77th Street, 70th St (from CSAH 37 to McAllister) Marlowe Ave and 67th Street (from Marlowe to McAllister) and to charge back to the developers due to construction traffic. Seconded by CM Scharber. All in favor. Motion carried. Mayor Fournier motioned to direct the City Attorney to prepare a Resolution that states that any property owner that requests Dust Control is to pay 100% for it for 500 feet of application in front of their City Council Meeting of June 13, 2005. Page 3. home, if the City determines their street is a Collector Street then the City pays 100% of the cost of application on the street. Seconded by CM Heidner. All in favor. Motion carried. ' Keith Knutson, Odean Avenue, complained about installation of the new culvert on Odean Avenue. He feels this culvert affects his property and he should have been notified. He said a fence was ripped out and also about 20 feet of forest. Ron Wagner explained the old culvert was short, had no ends on it and needed to be extended which caused removal of the fence and forest. He notified the home on the very end of Odean Avenue, which he feels was the only property affected. The City still needs to complete the restoration. 6.2. Riverwood National Update. Ron Wagner explained the Pump House is up and running and Lift Station is operable. CM Heidner motioned to allow City Staff to issue up to 25 Certificate of Occupancies in Riverwood National subject to the City Engineer's comments. Seconded by Mayor Fournier. All in favor. Motion carried. The City Council's direction was any additional building permits issued in Aiverwood National would be at the City Engineer's discretion. 7. Dan Licht, City Planner. 7.1. Twin City BeeKeeping: a. Conditional Use Permit (CUP) to allow candle manufacturing use. Dan Licht presented the Planner's Report. Ron Wagner went over his Engineering Items. Steve Fischer, applicant, agreed with the conditions. CM Heidner motioned to approve a Conditional use Permit and Site and Building Plans for Twin Cities Beekeeping, subject to the nine conditions listed in the Findings of Fact. Seconded by CM Scharber. All in favor. Motion carried. 7.2. Terra Development: a. PUD Concept Plan for a commercial development on 90 acres. Dan Licht presented the Planner's Report. Ron Wagner went over his Engineering Report. His concern was with the parking on public streets and maintenance of those streets. Dan Licht explained this should be resolved prior to Preliminary Platting. David Taus, Terra Development, explained they will present plans for the Dare property in the near future and start on the balance next Spring. Jeff Martin, Designer, presented the Concept Plan for the development. City Council Meeting of June 13, 2005. Page 4. Mayor Fournier noted the names of the streets are not on the Grid System. Mr. Licht said this has been explained to the Developers. CM Thorsted was concerned with speed limits at area of the school. Mike Robertson said that as this area develops it creates a good case to lower the speed limit. Mr. Wagner said that Wright County has already said they want a four lane road with a median and traffic light at 85th Street and CSAH 42, which will help control speed. Jeff Martin said that CSAH 42 is an important corridor for the long term; he wants to see a "friendly street" with lights and trees close to the street. He feels that Wright County asking for a 150 foot ROW and a 30 foot setback will not create this "friendly street". Dan. Licht agreed and that everyone needs to convince the County of this. CM Heidner suggested that the City start the process of taking back this portion of CSAH 42 (from ,CSAR 39 to TH101). The Council agreed and directed staff to start the process. CM Scharber motioned to approve a PUD General Concept Plan subject to the nine conditions listed in the Findings of ;Fact. Seconded by CM Heidner. All in favor. Motion carried. 7.3. LandCor: a. Conditional Use Permit to conduct a daycare center. b. Variance from City Code Section 4-3-9. Dan Licht presented the Planner's Report. John Brickley, LandCor, explained the temporary access they are constructing on the backside of the lot allowing access for septic pumping trucks and customers and that the septic tanks have been elevated and can be used. He said that Dr. Gilgenbach has given permission for 6 to 8 employees to park on his lot. Bob Fields discussed with Ron Wagner the staging plan for construction of the proposed improvement project and feels that by constructing the temporary access driveway he will have the ability to get to the septic holding tanks and have the ability to get all the daycare traffic coming in from the back. The children will be kept inside of the fence and the construction area will be fenced off to the children also. CM Heidner suggested that the pumping of the septic tanks is only done in the evenings. Dan Licht said that the pumping should only have to go on for about 4 to 6 weeks until sewer and water gets installed. CM Heidner stated this will be tough for any business and with this access road, safety precautions the City needs to work to keep these businesses open. CM Stockamp asked if the State of MN has addressed the septic system. Mr. Fields said they have toured the facility and know it is on a septic system. Mayor Fournier stated his concern with this project. He is concerned with safety for the children and feels they might be at risk and that this project is premature. CM Thorsted said he and his children were recently in a commercial remodeling construction job and had no problem with it as it was boarded off. CM Heidner City Council Meeting of June 13, 2005. Page 5. feels staff can come up with enough restrictions to take care of safety issues. CM Heidner stated the City Council is considering a different set of facts than the Planning Commission had as the applicant now has an access plan, tank evaluation and a fencing plan. Mayor Fournier motioned to table this application until the bids are received for the Improvement Project in Mississippi Shores 6th, 7th and 8th Additions. Motion failed for a lack of a second CM Scharber motioned to approve an alternative septic system for Riverview Daycare subject to the three conditions listed in the Findings of Fact and to include a condition regarding the liability issues and the applicant needs to get their MN State License approval. Seconded by CM Heidner. Voting For the Motion: CM Heidner, CM Scharber, CM Stockamp and CM Thorsted. Voting Against the Motion: Mayor Fournier and he stated his reason is for the safety reasons for the children and that the applicant wouldn't need to wait long for City Sewer and Water to be installed. Motion carried 4 (four) to 1 (one). CM Scharber motioned to approve a Conditional Use Permit for Riverview Daycare subject to the four conditions listed in the Findings of Fact. Seconded by CM Heidner. Voting For the Motion: CM Heidner, CM Scharber, CM Stockamp and CM Thorsted. Voting Against the Motion. Mayor Fournier Motion carried four (4) to one (1). 7.4. Development Signs Dan Licht went over his June 6, 2005 Memorandum. Mayor Fournier motioned to direct City Staff to enforce the City's regulations relating to the allowance of real estate and development signs. Seconded by CM Stockamp. All in favor. Motion carried. 8. Ron Wagner, City Engineer. 8.2. Consider awarding Quaday Avenue Project. Ron went over the bids. CM Heidner motioned to adopt Resolution 2005-15 awarding the bid for the Quaday Avenue NE, Street and Utility Improvements to Imperial Developers, Inc., for $1,098,383.66. Seconded by CM Stockamp. All in City Council Meeting of June 13, 2005. Page 6. favor. Motion carried. 8.3. Consider quote for restriping City Hall Parking Lot. Ron Wagner went over the quote. CM Scharber motioned to approve to stripe the City Hall Parking Lot for $376.00. Seconded by CM Stockamp. All in favor. Motion carried. 8.4. Pressure Washing. Ron Wagner went over the quote from Maguire Iron, Inc. CM Scharber motioned to approve a quote up to $5,490 for pressure washing of the Water Tower No. 1. Seconded by CM Stockamp. All in favor. Motion carried. 8.5. Final Payment to Kuechle Underground. Ron Wagner went over the Final Pay Estimate. CM Scharber motioned to approve the Final Payment of $27,968.35 to Kuechle Underground for the trunk Watermain and Sanitary Sewer COP 03-08. Seconded by CM Heidner. All in favor. Motion carried. 9. Andrew MacArthur, City Attorney. 9.1. Discussion of Hospital District. Mr. MacArthur went over his June 13, 2005 memo. Mayor Fournier stated that he and Jerry Struthers are meeting with State Senator Ourada and State Representative Emmer tomorrow morning regarding this and noted this is not City related. CM Scharber motioned to send Mr. MacArthur's drafted letter to the Monticello Hospital. Seconded by Mayor Fournier. All in favor. Motion carried. 10. Council Items: 10.1. Crimson Pond West Grading Agreement. Mayor Fournier stated he will sign the Grading Agreement when the developer talks to Morrisettes. The Council agreed. 10.2. Park Commission Update. CM Thorsted said there is a young man working on his Eagle Scout Badge and his project will be creating a sign with landscaping for School Knoll Park. Mike Robertson has directed him to work with Brad Belair. Regarding electrical power in the Park Shelter, CM Thorsted said the Park Commission thought the renter should be able to have access to power. The Council disagreed and directed staff to make sure the power is shut off. CM Thorsted also said that the Parks Commission want to know whenever there are changes in the parks and they would like a joint Workshop with the City Council. City Council Meeting of June 13, 2005. Page 7. The City Council directed that the Parks Commission interview architects and bring a recommendation to them. Mike Robertson will set this up for August. The City Council set September 14, 2005, 7 PM for a Joint Workshop with the Parks Commission. 10.3. County Meeting. Mayor Fournier, CM Thorsted and Mike Robertson will attend the Joint Wright County Board Meeting with Wright County Cities on June 21, 2005 at NOON. 11. Mike Robertson, City Administrator. Mayor Fournier motioned to approve. Seconded by CM Heidner. All in favor. Motion carried. 12. Judy Hudson, City Clerk. Judy Hudson gave an update of Clean Up Month with 385 participates at a cost of $7,137.63. 13. Adjourn by 10 PM. CM Stockamp reported the drinking fountain in School 'Knoll Park is leaking. CM Scharber motioned to adjourn. favor. Motion carried. Meeting adjourned at 10:14 PM. Mayor Larry Fournier Seconded by CM Stockamp. All in ATTEST: Judy Hudson, Clerk/Zoning Adm.