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08-09-04 CCtYEM 3-2 OTSEGO CITY COUNCIL MEETING AUGUST 9, 2004 6:30 PM 1. Mayor Larry Fournier will call the meeting to order. Mayor Fournier called the Meeting to order at 6:39 PM. Roll Call: Mayor Larry Fournier; Councilmembers: Vern Heidner, Virginia Wendel, Jerry Struthers and Dan Scharber. Staff: Mike Robertson, City Administrator; Judy Hudson, City Clerk/Zoning Administrator; Andrew MacArthur, City Attorney; Dan Licht, City Planner; Ron Wagner, City Engineer and Jeff Elliott, Assistant City Engineer. Pledge of Allegiance: Mayor Fournier led in the Pledge of Allegiance. 2. Consider agenda approval. Dan Licht requested to add Item 6.3. T -Mobile CUP. Mr. MacArthur requested to remove Item 8.2. as he has not received any additional information from the developer. Mayor Fournier requested to add Item 8.6. Discussion of activity on 62nd Street. CM Heidner motioned adoption of agenda as amended. Seconded by CM Struthers. All in favor. Motion carried. 3. Consider the following minutes 3.1. July 26, 2004 City Council Meeting_ CM Wendel motioned to accept the minutes as written. Seconded by CM Heidner. All in favor. Motion carried. 4. Open Forum: (5 minute limit) 4.1. Special Presentation: Request for Special Event Permit for "Feed thy Neighbor Event' Rich Cheney, Riverview Community Bank, requested a Special Event Permit for their festival to raise money for the Elk River and Hanover Food Shelves. There will be no alcohol permitted. Mayor Fournier motioned to grant a Special Event Permit for September 12, 2004 to the Riverview Community Bank. Seconded by CM Wendel. All in favor. Motion carried. Rose Cassady, member of the Parks Commission, requested to have five electrical boxes installed along the bike path in Prairie Park for approximately $1,055.00. CM Heidner motioned to approve the installation of five electrical boxes along the bike path in Prairie Park with as -built submitted. Seconded by CM Wendel. All in favor. Motion carried. 5. Consent Agenda. (Non -controversial items). 5.1. Approve Claims List. 5.2. Approve Pay Estimate No. 8 to CB&I for $48,450.00 Watertower #2. 5.3. Approve Payment of $49,494.05 to American Liberty Construction for City Council Meeting of August 2, 2004. Page 2. Lily Pond Park. 5.4. Approve Pay Estimate No. 3 to Traut Wells for $65,316.77 for Construction of Well #6. CM Struthers motioned to adopt the Consent Agenda. Seconded by CM Heidner. All in favor. Motion carried. 9.1. Peavey House Report.(This item was moved up on the agenda) Mike Robertson briefly went over the report including that he felt that it is a good report giving several options to the City. Heritage Commission Members attending were Ron Black, Chris Wilson, Joy Swenson and Debbie Carron. Chris Wilson said the Peavey House was the first Post Office in Wright County and she feels it is in the best interest of the City to keep this site. Joy Swenson said this site and house is probably the best documented history in Otsego and wants to enhance this area and didn't think a decision had to be made this evening. Mayor Fournier suggested for the City Council and Heritage Preservation Commission to have a joint meeting to discuss what to do with this property. Council set August 25, 2004, at 7 PM for this joint workshop. 6. Dan Licht, City Planner. 6.1. Final Plat Approval for Pleasant Creek Farms III Addition. Dan Licht presented the Planner's Report. Ron Wagner presented the Engineering Report. CM Scharber motioned to approve a Final Plat of Pleasant Creek Farms 3`d Addition, subject to the conditions listed in the Findings of Fact removing Condition No. 3. Seconded by CM Heidner. All in favor. Motion carried. 6.2. No Discharge Zone Man. Dan Licht presented the proposed No Discharge Zone Map. The Council wanted Grupa's Addition, River Place, north of 78b Street, north of CSAH 37 (east side) and all land east of Oakwood Avenue to Highway 101 included and to include language citing the State Statue regarding the 300 foot buffer around residential. CM Wendel motioned to accept the map including the revisions. Seconded by CM Scharber. All in favor. Motion carried. 6.3. Any other PlanningItems. ems. T -Mobile CUP. Dan Licht went over his proposed letter to T -Mobile. CM Scharber motioned to direct the Planning Commission to consider revocation of T -Mobile's Conditional Use Permit for the September 7, 2004 Planning Commission Meeting. Seconded by Mayor Fournier. All in favor. Motion carried. City Council Meeting of August 9, 2004. Page 3. 7. Ron Wagner, City Engineer. 7.1. Review of Midwest Landscapes drainage. Ron Wagner went over his recent review of this drainage area. He feels Midwest Landscaping is not creating any more water flow than prior to their development. The ditch on the east side of CSAH 37 probably needs cleaning. The City Council directed staff to notify the residents along this ditch and send them a copy of Mr. Wagner's report. 7.2. Any other Engineering Items. A. Kadler Avenue Construction. Mr. Wagner recommended that three stops and warning signs be installed at the intersection of Kadler Avenue and 85th Street to slow down vehicles. CM Wendel motioned to approve the stop signs and warnings signs as recommended by the City Engineer. Seconded by CM Scharber. All in favor. Motion carried. B. Speed limit on CSAH 36 east of 101 CM Struthers was concerned with the speed limit on this road. CM Struthers motioned to request Wright County to conduct a speed study on CSAH 36. Seconded by Mayor Fournier. All in favor. Motion carried. C. Dust control on 60`h Street. Rick Knutson said St. Michael has requested Otsego to pay half for dust control on 60th Street since it is a shared road. The City Council said since there is no money in the budget and only one Otsego resident on this street they will not participate. 8. Andrew MacArthur, City Attorney. 8.1. Public Hearings for Vacation of the drainage and utility easements dedicated in Outlots A & L of Kittredge Crossings 5`h Addition and Outlot M of Kittredge Crossings 6`h Addition Mr. MacArthur went over the purpose and reason for these vacations. Mayor Fournier opened the Public Hearing at 8:05 PM. Judy Hudson attested that the proper noticing, publishing and posting was done. Hearing no public comments, Mayor Fournier closed the Public Hearing at 8:06 PM. CM Heidner motioned to approve Resolution 2004-51 approving vacation of a portion of a drainage and utility easement over under and across all of Outlot A and Outlot L, Kittredge Crossings. Seconded by CM Scharber. All in favor. Motion carried. CM Scharber motioned to approve Resolution 2004-52 approving vacation of a portion of a drainage and utility easement over under and across all of Outlot M, Kittredge Crossings. Seconded by Mayor Fournier. All in favor. Motion carried. 8.3. Discussion of Hospital District Tax Mr. MacArthur went over the August 9, 2004 Memo from his office regarding detachment of territory from the Monticello Hospital District. City Council Meeting of August 9, 2004. Page 4. Mayor Fournier motioned to direct staff to: 1. Request that the Monticello Hospital District Board provide the City with its criteria for considering a petition to detach. 2. Request that the Monticello Hospital provide statistical data showing the number of patients who used the Hospital with addresses within the area to be detached as that compares with the rest of the District. 3. Request the Elk River Emergency Services provide statistical data concerning hospitals used by residents on an emergency basis with addresses in the area to be detached. Seconded by CM Heidner. All in favor. Motion carried. 8.4. Adoption of Assessment Roll for OBrian Avenue and 87`h Street. CM Heidner motioned to adopt Resolution 2004-53 adopting Assessment for the improvement of 87th Street NE from OBrian Avenue NE to Odean Avenue NE and OBrian Avenue NE from 85th Street NE to the north plat line of Vasseur's Oak Grove Estates. Seconded by CM Struthers. All in favor. Motion carried. 8.5. Set a Public Hearing for the Island View Mississippi Ravine. CM Heidner motioned to adopt Resolution 2004-55 setting a Public Hearing for the Island View Mississippi Ravine on Thursday, November 18, 2004 at 7 PM. Seconded by CM Struthers. All in favor. Motion carried. 9. Council Items: 9.2. Authorize Advertisements for Historic Preservation Commission and Police Commission The City Council directed staff to advertise for Heritage Preservation Commission Members and to put the last interview list for the Police Commission on the next City Council Meeting. 9.3. Public Works Building. Rick Knutson was in attendance. Mike Robertson reported that of all the people contacted, he has only received interest from Randall Begin for property for a future Public Works Building. The City Council directed Mike to order an appraisal of the Begin property. 9.4. Authorize to advertise for a Building Inspector. CM Struthers motioned to authorize to advertise for a building inspector. Seconded by CM Scharber. All in favor. Motion carried. 10. Mike Robertson. Citv Administrator. 10.1. Approve Resolutions 2004-49 and 2004-50 for MnDOT Highway 101 turn back. Mike Robertson went over the resolutions. CM Heidner motioned to approve Resolution 2004-49 to accept a Frontage Road at CR 39 at TH 101 as seen in red on Exhibit A. Seconded by CM Scharber. All in favor. Motion carried. City Council Meeting of August 9, 2004. Page 5. CM Heidner motioned to adopt Resolution 2004-50 to grant a permit to construct to the Minnesota Department of transportation at TH 101 at CR 39 as seen in red on Exhibit B. Seconded by CM Wendel. All in favor. Motion carried. 11. Judy Hudson, City Clerk. No report. 12. Adiourn by 10 PM. CM Wendel motioned to adjourn. Seconded by Mayor Fournier. All in favor. Motion carried. Meeting adjourned at 8:54 PM. mayor Lar r ourmer ATTEST: '�:�X-J JJA -��jUJM J dy , City ClerOZoning Adm.