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05-24-04 CCITEM 3-1 OTSEGO CITY COUNCIL MEETING OTSEGO CITY HALL MAY 24, 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: Virginia Wendel, Jerry Struthers and Dan Scharber. Absent: Vern Heidner Staff: Mike Robertson, City Administrator; Judy Hudson, City Clerk/Zoning Administrator; Andrew MacArthur, City Attorney; Ron Wagner, City Engineer and Dan Licht, City Planner. Pledge of Allegiance:Mayor Fournier led in the Pledge in Allegiance. 2. Consider agenda approval. CM Scharber requested to add under Item 6.5. T -Mobile CUP. Mike Robertson requested to move Item 9.3. to 7.2. CM Struthers requested to add under Item 9.5. McGruff Program, under Item 9.6. No Discharge Zone and under Item 9.7. CSAH 37. Mayor Fournier requested to remove Item 5.6. From the Consent Agenda to Item 9.4. for discussion. CM Struthers motioned adoption of City Council Agenda as amended. Seconded by CM Scharber. All in favor. Motion carried. 3. Consider the following minutes 3.1. City Council Meeting of May 10, 2004. CM Struthers motioned adoption. Seconded by CM Wendel. Voting For the Motion: CM Wendel, CM Struthers and CM Scharber. Abstained: Mayor Fournier as he did not attend. Motion carried. 3.2. City Council Workshop of May 3, 2004. Mayor Fournier motioned adoption. Seconded by CM Struthers. All in favor. Motion carried. 4. Open Forum: (5 minute limit) No one appeared on Open Forum. 5. Consent Agenda. (Non -controversial items). 5.1. Approve Claims List. 5.2. Approve the Liquor Licenses for the following: (07-1-04 to 06-30-06) A. Stonebridge Golf Course (3.2) B. Vintage Golf Course, Inc. (3.2) C. Riverview Liquored (Off -Sale) D. Godfathers Pizza (3.2). E. MT Liquor Off -Sale) City Council Meeting of May 24, 2004. Page 2. F. Pattern Station, Inc., Riverwood Inn (On -Sale) G. Blackwoods Grill & Bar (On -Sale) 5.3. Pav Estimate 49 to EnComm for Pumphouse 43 for $157,161.97. 5.4. Pay Estimate 48 to Traut Wells for Municipal Wells 4 & 5 for $61,696.56. 5.5. Pav Estimate 41 to Traut Wells for Well No. 6 for $74,325.63. Item 5.6. Was removed to Item 9.4. CM Wendel motioned to approve Consent Agenda as amended. Seconded by CM Scharber. All in favor. Motion carried. 6. Dan Licht, City Planner. 6.1. Prairie Oaks 1. Rezoning from A-1 District to R-3 Residential District. 2. Preliminary Plat for 11 residential lots. Dan Licht presented the Planner's Report. Ron Wagner went over the Engineering Items. CM Struthers motioned to approve a Zoning Map amendment rezoning the subject site from A-1 District to R-3 District based on a finding that the request is consistent with the Comprehensive Plan. Seconded by CM Wendel. All in favor. Motion carried. CM Struthers motioned to approve the Prairie Oak Preliminary Plat subject to the nine conditions listed in the Findings of Fact. Seconded by CM Wendel. All in favor. Motion carried. 6.2. Clarence Schumacher: 1. Conditional Use Permit (CUP) to allow relocation of a single Family home on a lot within Otsego. Dan Licht presented the Planner's Report. CM Scharber motioned to approve a Conditional Use Permit for relocation of an existing building to a lot within the City, subject to the seven conditions listed in the Findings of Fact. Seconded by CM Wendel. All in favor. Motion carried. 6.3. Consideration of amendine the Section 20-21-4.H.I I of the Zonine Ordinance regarding lot access. Dan Licht presented the Planner's Report. CM Struthers motioned to adopt Ordinance No. 2004 - 12 amending Section 21 of the Zoning Ordinance (Off -Street Parking) regarding site access. Seconded by CM Wendel. All in favor. Motion carried. 6.4. Consideration of amending the Section 20-37-3.A.3 of the Zoning Ordinance (signs) regarding tempora1y message signs and special Message signs. Dan Licht presented the Planner's Report. City Council Meeting of May 24, 2004. Page 3. CM Wendel would like to see educational, charitable, religious and public signs allowed. CM Struthers agreed and would like to see removed from Section 1. 3. the wording located entirely within the premises of that institution. Dan Licht suggested to use temporary signs announcing any public, charitable, educational or religious event or function shall be allowed, provided that: and eliminate a. under Section 1.3. CM Scharber motioned to adopt Ordinance No. 2004 - 13 amending Section 37 of the Zoning Ordinance (Signs) regarding temporary message signs and special message signs including under Section 1.3. temporary signs announcing any public, charitable, educational or religious event or function shall be allowed, provided that: and eliminate a. under Section 1.3. Seconded by CM Wendel. All in favor. Motion carried. 6.5. Any other Planning Items. A. T Mobile CM Scharber said that T -Mobile hasn't complied with all their conditions of their CUP such as relocating ground utilities, improving the site distance and removing poles. Dan Licht said he is working with them on landscaping and will follow up on these other issues. 7. Ron Waener. Citv Enaineer. 7.1. Consider Resolution Ordering Report on Improvement for Otsego Waterfront East and a Resolution Ordering Plans and Specs for Improvement for Otsego Waterfront East. Rich Woodward of LandCor Companies introduced himself and was available for any questions. Ron Wagner went over the petition for public improvements. CM Struthers motioned to approve Resolution No. 2004-27 directing preparation of Plans and Specifications for the Improvement to Otsego Waterfront East, for Trunk Utility and City Street Improvements. Seconded by CM Scharber. All in favor. Motion carried. CM Struthers motioned to approve Resolutions No. 2004-28 ordering preparation of Report on Improvements - Trunk Watermain, Trunk Sanitary Sewer, Trunk Storm water and City Streets in Otsego Waterfront East. Seconded by CM Wendel. All in favor. Motion carried. Mayor Fournier motioned to authorize the City Attorney to prepare a Developer's Agreement for Waterfront East with a $2,000 escrow. Seconded by CM Scharber. All in favor. Motion carried. 7.2. Lily Pond Park. Tom Whitlock, Damon and Farber, described the improvement plans. He said American Liberty is ready to start in two weeks. City Council Meeting of May 24, 2004. Page 4. CM Wendel had concerns with the costs of some individual items. Mr. Whitlock explained these costs include everything from land preparation to labor. CM Struthers motioned to award bid to American Liberty for $345,400. Seconded by CM Scharber. Voting For the Motion: Mayor Fournier, CM Scharber and CM Struthers. Voting Against the Motion: CM Wendel Motion carried three (3) to one (1). 7.2. Any Other Engineering_ Business. A. County Road 37. CM Struthers asked about the upgrade to CSAH 37. Mike Robertson said the County Engineer told him it wasn't next year's plan. 8. Andrew MacArthur. Citv Attornev. 8.1. Nuisance Update. Mr. MacArthur gave a update. 8.2. Bonestroo Engineering Agreement Mr. MacArthur reviewed the May 21, 2004 agreement and approved. CM Struthers motioned to approve the May 21, 2004 agreement. Seconded by CM Scharber. All in favor. Motion carried. ouncil Items: 9.1. East and West Sewer Plant Update. Mike Robertson updated. 9.2. Streetlight Costs Mike said he hasn't heard any more from the resident. 9.4.. Change Order No. 2 - West Wastewater Treatment Facility for $13,429.00 Mayor Fournier would like more information for the next City Council meeting. 9.5. McGruff House Program CM Struthers explained that the Police Commission would like to have this program started in Otsego. CM Scharber motioned to give approval to the Police Commission to get started on this program. Seconded by Mayor Fournier. All in favor. Motion carried. 9.6. No Discharge Zone. CM Struthers asked about the No Discharge Zone being increased to accommodate all the growth area in Otsego. Dan Licht said this would be reviewed in August. 10. Mike Robertson. Citv Administrator. 10.1 Consider NTS Lab Lease Agreement Mr. Robertson went over the request. The Council agreed for staff to pursue. Mike asked the Council if any of them want to attend the County Summit Meeting on June 22. Mayor Fournier and CM Struthers, CM Wendel want to attend and they also said that CM Heidner had indicated he wanted to attend. City Council Meeting of May 24, 2001. Page 5. Mike also reported that he found out that Hermantown did not get their own Zip Code or Post Office but were designated to share Procter's Zip Code. 11. Judy Hudson, City Clerk. Judy had no updates. 12. Adjourn by 10 PM. CM Scharber motioned to adjourn. Seconded by Mayor Fournier. All in favor. Motion carried. Meeting adjourned at 8:37 PM. Mayor Lar Fournier ATTEST: "AL 01 kAf\lrfy\ Jud ud n, City Cler Zoning Adm.