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09-27-04 CCITEM 3_1 OTSEGO CITY COUNCIL MEETING SEPTEMBER 27, 2004 6:30 PM 1. Mayor Larry Fournier will call the meeting to order. Mayor Fournier called the meeting to order at 6:30 PM. Roll Call: Mayor Larry Fournier; Councilmembers: Vern Heidner, Virginia Wendel, Jerry Struthers and Dan Scharber. Pledge of Allegiance: Mike Robertson, City Administrator; Judy Hudson, City Clerk/Zoning Administrator; Andrew MacArthur, City Attorney; Dan Licht, City Planner and Ron Wagner, City Engineer. Council Candidates: Terri Ruschmeier and Mark Thorsted. 2. Consider agenda approval. CM Heidner requested to remove Item 5.5. and place under City Engineer Items. CM Wendel requested to move Item 5.1. and place under Item 9. Mayor Fournier requested to remove Item 9.1. and under Item 7.3. add Midwest Stormwater Issues. CM Scharber requested to add under Item 9.3. Peavey House. CM Struthers motioned to adopt agenda as amended. Seconded by CM Scharber. All in favor. Motion carried. 3. Consider the following minutes 3.1. September 13, 2004 City Council Meeting_ CM Wendel noted under Item 6.2., the line CM Wendel mentioned there is a should be deleted. CM Wendel motioned to adopt the minutes as corrected. Seconded by CM Scharber. Voting For the Motion: Mayor Fournier; CM Heidner, CM Wendel, CM Scharber. Abstained: CM Struthers. Motion carried. 3.2. September 7, 2004 City Council/Planning Commission Workshop. CM Wendel should be added as being absent. CM Heidner motioned adoption of the minutes as amended. Seconded by CM Struthers. Voting For the Motion: Mayor Fournier; CM Heidner and CM Struthers. Abstained: CM Struthers Motion carried. 4. Open Forum: (5 minute limit) Dan Limoseth, 14975 95b Street NE, requested a compost site for Otsego as he feels we are the only city in the area that doesn't have one. The Council directed the City Administrator to check into this and report back at the next City Council Meeting. Leslie Hoskins, 8189 Ogren, bought his place in 1999 and this year he wanted to put a new roof on and he claimed the Building Inspector said no and gave no reason. The Council directed the City Administrator City Council Meeting of September 27, 2004. Page 2. to check into this and report back at the next meeting. Bob Fields, LandCor, announced he has signed successfully with a Super Target for Waterfront East. Steve Zoabek, 9325 Nason Court, stated concern for children's safety with all the pools going in Otsego. He has some suggested tougher changes for the City's ordinance. CM Heidner motioned to direct the Planning Commission to review the pools, water gardens and stormwater pond regulations. Seconded by CM Struthers. All in favor. Motion carried. Mr. Zoabek also stated concern with the kids biking on the shoulder of Nashua Avenue and asked the City to consider putting in off-street bike path. Ron Wagner, City Engineer, explained the paved shoulder on Nashua Avenue was designed as a bike path. Mayor Fournier directed the City Engineer to review this. 4.1. Recognition of Otsego Festival Volunteers. Mayor Fournier recognized the success of the Otsego Festival and distributed certificates. Debbie Beauchane, Kathy Roberts, Kathy Bandy, Lynn Kasper, Sheri Olson, Corry Goodrich, Mark Thorsted, Mike Braumm, Rose Cassady and Jerry Struthers received certificates. 5. Consent Agenda. Non -controversial items). 5.1. REMOVED 5.2. Approve bid for fall biosolids haul. 5.3. Quam Avenue Seal Coat - $3,764.43 to City of St. Michael, 851' Street and Page Avenue Improvement. 5.4. Final Pay Estimate #10 - $33,848.59 to Dresel Contracting. 5.5. REMOVED 5.6. Pay Estimate #4 for Well #6 - $34,509.23 to Traut Wells, Inc. 5.7. Pay Estimate #2 for electric to Well #6 - $19,580.95 to Automatic Systems Company. 5.8 Pay Request #10 for WWTF- $492,621.04 to Rice Lake Construction. CM Heidner motioned adoption as amended (Items 5.1. and 5.5. were removed) Seconded by CM Scharber. All in favor. Motion carried. 6. Dan Licht. Citv Planner. 6.1. Solid Ground Development: A. Rezone from A-1 (agriculture) to R-6 District. B. PUD -CUP C. Preliminary Plat consisting of 113 dwelling units. Dan Licht presented the Planner's Report. Ron Wagner went over the Engineering Comments. Jeff Bock, Solid Ground, stated they will comply with staff s comments. Mayor Fournier asked how will the City Engineer's issue of the meandering sidewalks be addressed. Ron Wagner said if the sidewalks go closer to the house, he could go with a 10 foot easement inside of the sidewalk. Mr. Bock said he would be willing to change the easement. City Council Meeting of September 27, 2004. Page 3. CM Heidner said that looking at the plat it appears that some sidewalks do not meet the street and don't match up. Mr. Bock said he will make these corrections. CM Scharber motioned to approve a Zoning Map Amendment rezoning the subject site from A-1 District to R-6 District based on a finding that the action is consistent with the Comprehensive Plan. Seconded by CM Wendel. All in favor. Motion carried. CM Scharber motioned to approve a PUD -CUP and Preliminary Plat for Remington Coves subject to the 21 conditions listed in the Findings of Fact. Seconded by CM Wendel. All in favor. Motion carried. CM Heidner motioned to table the Final Plat for the applicant to make the revisions. Seconded by CM Scharber. 6.2. Riverwood National - detached townhomes Dan Licht presented the Planner's Report. Chris Bulow, applicant, feels this requirement would be inconsistent with the Single Family Homes as they don't have the same requirements. Mr. Licht recommended to compensate with requiring landscaping and shutters. Mr. Bulow stated he agreed with Mr. Licht. CM Scharber motioned to approve the building plans for detached townhouse dwelling units within the Riverwood National development subject to the five conditions listed in the Planner's Report dated September 22, 2004 eliminating Condition I.C. Seconded by CM Heidner. All in favor. Motion carried. 6.3. Parking Ordinance. Dan Licht presented the draft ordinance. The Council agreed that during the summer months parking is allowed on streets except for semi trucks and no parking between November and April between the hours of two AM and six AM. To include boulevards, ditches, and rights-of-way with streets. Also to include 8-3-3.C. public utility vehicles. CM Wendel motioned to adopt the Parking Ordinance as amended. Seconded by CM Scharber. All in favor. Motion carried. 6.4. West Sewer District Capacity. Dan Licht presented his report. Mayor Fournier motioned to accept the Planner's recommendations to not accept any more Preliminary Plats for the sewer district. Seconded by CM Struthers. All in favor. Motion carried. 7. Ron Wagner, City Engineer. 7.1. Consider Holiday Inn Easement Vacation Ron Wagner presented the Engineering Report. Robert Fields, LandCor, agreed with the Engineer's Report. Mayor Fournier opened the Public Hearing at 8 PM.. Judy Hudson attested all proper noticing and publishing was done. City Council Meeting of September 27, 2004. Page 4. Mayor Fournier opened for public comments and hearing none, he closed the public hearing at 8:01 PM. CM Heidner motioned to approve Resolution 2004-62. Seconded by Scharber. All in favor. Motion carried. 7.2. Change Order #4 - 85h Street and Page Avenue - add topsoil, seed, mulch, and riprap. Mr. Wagner went over the Change Order. CM Heidner motioned adoption of Change Order #3. Seconded by CM Struthers. All in favor. Motion carried. 5.5. Final Pay Estimate #2 - $6,434,52 to Allied Blacktop Removed from the Consent Agenda. CM Heidner stated that some of the crack filling has been lifting. Mr. Wagner agreed and said that Allied Blacktop will be coming back to redo these areas. CM Heidner motioned to table this Final Payment. Seconded by Scharber. All in favor. Motion carried. 7.3. Midwest Landscape drainage issues. Mr. Wagner said the surveying has been completed for the downstream culvert. The plans will be ready and ready for consideration of approval at the October 11, 2004 City Council Meeting. 8. Andrew MacArthur. Citv Attomev. 8.1. Waterfront East Development Agreement Mr. MacArthur presented his report and recommended a City Council Workshop. CM Heidner motioned to set a City Council Workshop on Wednesday, September 29, 2004 at 6 PM. Seconded by CM Struthers. All in favor. Motion carried. 9. Council Items: 5.1. Approve Claims List. Removed from Claims List. CM Wendel questioned why the Gopher State One Calls Invoice is so high. Mike Robertson explained that there have been a lot of locate calls. CM Heidner motioned to approve the Claims List as presented. Seconded by CM Struthers. All in favor. Motion carried. 9.2. Set Joint Workshop with Police Commission Mayor Fournier set November 9, 2004 at 7:30 PM. 9.3. Peavey House Dan Licht informed the Council a hearing has been set for October 18, 2004 before the Planning Commission. Mike Robertson said the tenant has given notice as of October 1, 2004. City Council Meeting of September 27, 2004. Page 5. 10. Mike Robertson, City Administrator. 10.1. Consider proposed Prairie Park changes Mike Robertson went over the proposed changes and updated the Council on recreation plans. Mayor Fournier motioned to complete all the ball field related projects this fall, Item 1, Item 3, Item 8, and Item 9c. Seconded by CM Struthers. All in favor. Motion carried. CM Heidner motioned to direct the Park Board to review the BMX track. Seconded by Mayor Fournier. All in favor. Motion carried. Mayor Fournier motioned to approve American Liberty Change Order 3 for the wood chips in Prairie Park. Seconded by CM Heidner. All in favor. Motion carried. 11. Judy Hudson, City Clerk. No updates. 12. Adjourn by 10 PM. CM Scharber motioned to adjourn. Seconded by CM Wendel. All in favor. Motion carried. Meeting adjourned at 8:59 PM. yor Larry Fo rmer ATTEST. Ju Hu , City Clerk