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08-22-05 CCITEM 3.1 OTSEGO CITY COUNCIL MEETING O OTSEGO CITY HALL AUGUST 22, 2005 6:30 PM 1. Mayor Larry Fournier will call the meeting to order at 6:32 pm. Roll Call: Mayor Larry Fournier; Councilmembers: Vern Heidner, Dan Scharber, Jesscia Stockamp and Mark Thorsted. Staff: Mike Robertson, City Administrator; Karee Rowell, Deputy Clerk; Dan Licht, City Planner; Andy MacArthur, City Attorney; 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 9.1. Approve the Lease Agreement for Nextel to 8.0. and add Item 8.5. 70th Street/MacIver Avenue to County Road 19. CM Heidner motioned adoption of the agenda as amended. Seconded by Scharber. All in favor. Motion carried. 3. Consider the following minutes. 3.1. City Council Meeting of f August 8, 2005. Mayor Fournier motioned adoption of August 8, 2005 Council Minutes. Seconded by CM Heidner. All in favor. Motion carried. 3.2. City Council Budget Workshop of August 9, 2005. Correction in the August 9, 2005 Workshop minutes regarding Public Works Department. Instead of parks it should read park. Council directed staff to keep track of maintenance hours by park. CM Heidner motioned adoption of the minutes as amended. Seconded by CM Scharber. All in favor. Motion carried. 4. Open Forum: (5 minute limit) Tim Boyle, 8243 Needham Avenue NE, they received notice of violation for having chickens on their property. Mr. Boyle stated that his daughter is in 4-H and the poultry is for her exhibition. Dan Licht explained the zoning ordinance. CM Heidner asked how long will Miss Boyle have for her project. Dan Licht stated the city gave Miss Boyle until October. CM Heidner motioned to move the issue to the Planning Commission meeting to look into amending the zoning ordinance. Seconded by CM Scharber. All in favor. Motion carried. City Council Meeting of August 26, 2005. Page 2 Rodney Zernechel, 8215 Needham Avenue NE — stated the Boyle's are a very nice family and they keep the area clean. In his opinion the daughter should be allowed to keep her poultry. 5. Consent Agenda. (Non -controversial items). 5.1. Approve Claims List. 5.2. Approve the Final Plats for LandCor: A. Otsego Waterfront East 1st Addition - Outlot L B. Otsego Waterfront East 2nd Addition - Outlot M C. Otsego Waterfront East 3rd Addition - Outlot H D. Otsego Waterfront East 4th Addition - Outlot I E. Otsego Waterfront East 5th Addition - Outlot ] F. Otsego Waterfront East 6th Addition - Outlot K 5.3. Approve Amended Comprehensive Plan establish policies pertaining to the to -be -constructed Riverwood National Wastewater Treatment Plant. 5.4. Pay Estimate #1 — Quaday Avenue NE to Imperial Developers 5.5. Pay Estimate #2- Otsego Waterfront East to Veit CM Scharber motioned to approve the Consent Agenda with the exception of Damon Farber for park rebid request. Seconded by CM Stockamp. All in favor. Motion carried. 6. Public Works. 6.1. Quote from Crysteel Truck Equipment to paint plow trucks. Brad Belair presented a quote for painting two trucks with Otsego colors. CM Scharber motioned to have the two plow trucks painted. Seconded by CM Heidner. All in favor. Motion carried. 6.2. Quotes for Prairie Park trash receptacles and grills. Brad Belair presented the bids for the trash receptacles and grills. CM Stockamp motioned to approve the bids for Prairie Park trash receptacles and grills. Seconded by Mayor Fournier. All in favor. Motion carried. 6.3 Prairie Park Shelter. Brad Belair discussed his idea for a temporary tarp vinyl coated shelter for $350.00. The Council wanted a quote for a permanent solution. Brad stated the Architect suggested to plant trees along the side of the shelter. The Council directed Brad to get a quote for a permanent barrier wall for the west side of the shelter. t - City Council Meeting of August 22, 2005. Page I 7. Dan Licht, City Planner. 71 Gnrr rnrnnratinn Amendment and Nreuminary Fiaw-uu-L-uv. Mike Gair with MFRA reviewed the proposed development. Dan Licht gave the staff report. Ron Wagner gave the Engineering report and he stated they have not received storm water plan. Ron Wagner would like to see concrete curb in front of homes but the developer would rather not. Lucinda Gardner of Farr Development had met with Ron Wagner and asked if crushed rock could be used as it gives a country type feel and that is important to the developer. The Council concerns were the high density, length of the cul- de-sac, and the number of lots. Residents/Neighbors are having problems from the westside regarding the ' fencing. The Council would like it if Farr could change the area around so the horses are on the west side and the neighborhood in the center of the development is moved further north to provide more buffer from County Road 39. Lucinda Gardner said that wouldn't work. Mayor Fournier expressed concern about higher density and about park acreage. Dan Licht said 77 acres will be given to the city for parks. Mayor Fournier moved to table application until September 12, 2005 City Council meeting. Seconded by CM Heidner. 4 — 1 with CM Thorsted opposed. Motion carried. 7.2. Duke Reams - Concept Plan Review for Industrial/Business Warehousing. Dan Licht presented the Planner's report. Ron Wagner presented the Engineering report. David Bade, Duke Realty agreed with the city staff and is waiting for the utility report. Mayor Fournier asked about their proposed timing. Mr. Bade said they hoped to start this fall. CM Heidner motioned to comment favorably on a concept plan for Duke Realty subject to nine conditions. Seconded by CM Stockamp. All in favor.. Motion carried. 7.3. LandCor - Conditional Use Permit for a commercial multi tenant automotive and retail center. Dan Licht presented the planner's report. Ron Wagner presented the engineering report. John Brickley of LandCor, Inc. agreed with the staff. The Council wants to see all properties agree to the cross easements. Andy MacArthur stated there is still a issue with the Liquor Store Owners and all the owners have to sign in order to get in the easement. Bob Fields, LandCor, Inc. asked if a Planned Unit Development (PUD) could address these issues in the future if there is a problem. Andy MacArthur said that it could. City Council Meeting on August 22, 2005. Page 3. Mayor Fournier motioned to approve a CUP and site/building plans subject to the eleven conditions. Seconded by CM Heidner. All in favor. Motion carried. CM Heidner motioned to send a meeting on September 1% 2005. favor. Motion carried. PUD to the Planning Commission Seconded by CM Stockamp. All in 8. Ron Wagner, City Engineer. 8.1. Prairie Park Fountain Ron Wagner went over the cost of the fountain. CM Heidner asked if the fountain is handicap accessable and it will be on the trail for easy access. The fountain cost will come out of the park fees. CM Scharber motioned to send this to the Park Commission for, review. Seconded Mayor Fournier. All in favor. Motion carried. 8.2. Update on SCADA Issues. Ron Wagner discussed the SCADA issues which they went over in their meeting. CM Scharber motioned to accept option #3 to refund $1000.00 of rent, and look into a frequency license. Seconded by CM Heidner. All in favor. Motion carried. 8.3. Consider Advertising for Bids Quaday Ave/CSAH 37 Bypass Lane and Right Turn Lane Project. Ron Wagner presented the engineering report. The cost is coming from road access fees. CM Scharber motioned to approve Resolution 2005-41 ordering request for quotes for the Quaday Ave./CSAH 37 Bypass Lane and Right Turn Lane. Seconded by Mayor Fournier. All in favor. Motion carried. 8.4. Nathe Agreement Ron Wagner gave the engineering report. Ken Nathe was concerned about where his pumpkins are planted because land is valuable to him and he doesn't want to give up land he can grow crops on. Mike Robertson said the easement could be limited to 20 feet from the bluff line. CM Stockamp motioned to approve Nathe agreement as amended. Seconded by CM Scharber. All in favor. Motion carried. 8.5. Approval 70th Street to MacIver Avenue and Cty Rd 19. Mayor Fournier said Darrel Farr called to say he will pay for paving the road. Darrel Farr, Farr Development stated he won't pay for the whole thing. Mike Robertson will set up a meeting with Duerr Creek, Farr Development and City of Albertville. City Council Meeting for August 22, 2005. Page 4. 9. Andrew MacArthur, City Attorney. 9.1. Approve the Lease Agreement for Nextel to locate an antenna on Water Tower No. 1. Andy MacArthur went over the Lease Agreement. CM Scharber asked why can't the companies use our contracts. CM Heidner stated he is concerned who pays for the City Staff work on this. Jason O'Brien, Nextel explained they paid a administration fee of $1,500.00 or $1,600.00. CM Heidner asked how many antennas are you putting up — 12 antenna's to start with and in three groups. CM Heidner motioned to approve lease agreement with Nextel Communications as per contract with the City Attorney. Seconded by CM Scharber. All in favor. Motion carried. 9.2. Update on Appeals Court Sewer Decision Andy MacArthur reviewed decision. 10. Council Items. 10.1. Discussion of Park Designer CM Stockamp motioned to approve SRF Architect for the new park designer. Seconded by CM Thorsted. All in favor. Motion carried. 11. Mike Robertson, City Administrator. 12. Karee Rowell, Deputy Clerk. 13. Patrick Waletzko, Administrative Intern. Patrick Waletzko gave his report on his internship. He said he learned a lot and it was a great experience.. 14. Adjourn by 10: 23PM. CM Scharber motioned to adjourn. favor. Motion carried. Meeting adjourned at 10:23 PM. Mayor Larry Fournier ATTEST: Karee Rowell, Deputy Clerk Seconded by CM Stockamp. All in