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04-26-04 CCITEM 3-1 OTSEGO CITY COUNCIL MEETING OTSEGO CITY HALL APRIL 26, 2004 1. Mayor Larry Fournier will call the meeting to order. Mayor Fournier called the City Council Meeting to order at 6:30 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, Dan Licht, City Planner, Andrew MacArthur, City Attorney 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 6.7. to right after Consent Agenda, and add under Item 9.4. Discussion of Historical Designation of Peavey House. Dan Licht requested to move Items 6.4. and 6.5. to the May 10, 2004 City Council Meeting. Mike Robertson requested to remove Item 8.1. since he hasn't received any additional information from Bonestroo. CM Heidner motioned to approve the Agenda as amended. Seconded by CM Scharber. All in favor. Motion carried. 3. Consider the following minutes 3.1. City Council Workshop of 04-15-04. CM Heidner motioned adoption. Seconded by CM Struthers. Voting For the Motion: Mayor Fournier, CM Heidner, CM Wendel and CM Struthers. Abstained: CM Scharber. Motion carried. 3.2. City Council Meeting of 04-12-04. CM Struthers motioned adoption. Seconded by CM Heidner. All in favor. Motion carried. 4. Open Forum: (5 minute limit) The following people asked to comment at the time the interchanges on Highway 101 are discussed: Tom Darkenwald, Wally Odell, Dan Graham, John Darkenwald, Bob Fields, George Yankoupe, Bill Christian, Kevin Voller, Rick Schroeder and Lisa Young. John Waters and Earl Schulenburg asked to comment regarding Item 6.1. 5. Consent Agenda. (Non -controversial items). 5.1. Approve Claims List. 5.2. Approve Resolution Informing MPCA that People Service, Inc. will be the operator of the East Sewer Plant. 5.3. Pay Estimate No. 17 to Gridor Construction for $34,361.00 for East City Council Meeting of April 26, 2004. Page 2. WWTP II. 5.4. Proclamation for "Kids Day America/International". 5.5. Pay Estimate No. 6 for Water Tower #2 for $38,166.25 to CB&I. 5.6. Pay Estimate No. 8 for Pump house #3 for $56,762.28 to EnComm. 5.7. Final Pavment to Design Electric for $65,478.78 for CSAH 39 & 42. CM Heidner motioned to approve the Consent Agenda. Seconded by CM Scharber. All in favor. Motion carried. 6.7. Special Presentation: Consider MnDOT's request for Concept Approval of Proposed Highway 101 Reconstruction Plans. Mike Robertson explained briefly the 101 MnDOT preliminary design process. Mr. MacArthur went over his letter outlining the legal issues. Tom Darkenwald, representing Clem Darkenwald, said if the Council approves these plans they feel it will cause significant hardship for them since they can't market their property. Wally Odell, distributed handouts and offered his opinion on State Statutes. Mr. MacArthur replied that MnDOT is asking for Council concurrence so they can proceed with the EAW. There are no state requirements that we have a hearing or respond in any way at this time. Dan Graham, 5451 Quilley Avenue NE, Otsego, said he built a home in Otsego recently and the proposed frontage road will run about 100 feet behind his home. He feels this frontage road and the possible commercial it will bring will devalue his property. He requested that some type of barrier or wall be put in screening his property. John Darkenwald stated he doesn't see the benefit to the community to have Highway 101 as freeway status. Bob Fields, stated that the current MnDOT design at CSAH 39 and 101 shows ponding between Nathe`s and his property and requested to have the pond relocated to the east of the property. He feels Otsego is doing the right thing in upgrading Highway 101 while state dollars are available. He strongly supports the Highway 101 and CSAH 39 Interchange. George Yankoupe, D & Y Family Partnership, said he can't see why MnDOT is hastening this project through. Bill Christian, stated he agreed with Bob Fields comments but MnDOT needs to also look at Elk River and Rogers for highway improvements. He feels there are other options for the retention pond at CSAH 39 and 101. Kevin Voller, Anoka Equine Clinic, said he met with MnDOT and their current plan would only allow the Clinic to have a right in and right out. MnDOT has agreed to move the median back for them and he would like the City to support this. Rick Schroeder, Blackwood's Restaurant, stated he supported the interchange at CSAH 39 and 101. Lisa Young, feels that the interchange at CSAH 36 and 101 would decrease her property value. She also asked to take into consideration that frontage road headlights would go City Council Meeting of April 26, 2004. Page 3. into her home and requested screening. She also requests the drainage issues in her area be resolved. Mayor Fournier said the Concept Plan is for MnDOT to get direction from the City Council. CM Wendel stated that if something isn't done in Rogers that this project won't do much good. CM Scharber said if the interchanges in Otsego are constructed and Rogers and Elk River aren't done then Otsego would be stuck with a freeway between two bottlenecks. Mike Robertson recommended to the Council to give concept approval so MnDOT would prepare their plans and landowners on Highway 101 would know what is planned for their land. CM Heidner agreed with this and by knowing what MnDOT's Plan is Otsego can plan accordingly. Mayor Fournier supports concept approval since this will give Otsego the opportunity to tell MnDOT what they like and don't like about their plan. CM Wendel would like to know what it will cost Otsego. Mike Robertson said MnDOT will not have an estimate until they prepare plans. The Council agreed to change on Page 2 of the Resolution, paragraph 2, that City Council requires access at CSAH 42. Paragraph 4 add noise barricades, under Paragraph 5, full access in and out for Anoka Equine Clinic and move the ponding to another location at CSAH 39 interchange. Also at CSAH 36, move the frontage road as far west as possible add barriers at CSAH 36. CM Heidner motioned to approve the Resolution with these amendments. Seconded by CM Struthers. All in favor. Motion carried. 6. Dan Licht, City Planner. 6.1. Angel Acres: A. Rezoning from A-1 District to R-4 Residential -Urban Single Family District. B. Preliminary Plat to develop 3 single familylots. C. Variance to allow a setback from the bluff line less than 30 feet. Dan Licht presented the Planner's Report. Ron Wagner presented the Engineering Report. The property owner, John Waters, stated he purchased this land with intent to develop this and was surprised this was denied. Mr. Waters requested to have this tabled to give him time to meet with the DNR for any alternatives with this site and to have soil borings done. Mr. Waters said if he can't work out anything he will withdraw his application. Earl Schulenburg, neighboring property owner, stated concern for all the erosion going on in this area. CM Heidner explained to the applicant that the cost of reconstructing 62nd Street will be their responsibility. CM Heidner motioned to table the application on Angel Acres as requested by the applicant. Seconded by Mayor Fournier. All in favor. Motion carried. City Council Meeting of April 26, 2004. Page 4. 6.2. Mississippi Cove: A. Rezoning from A-1 District to R -C Residential Cluster Development. B. Preliminary Plat for 20 Single Family C. Vacation of underlying_ Otsego Town Site. Dan Licht presented the Planner's Report. Ron Wagner presented the Engineering Report. Chris Bulow, property owner, supported the transfer of development rights from Vintage Golf Course to Mississippi Cove. He feels the open space of Vintage Golf Course is a benefit to the City and asked the Council to approve the transfer of development rights. Council would like staff to research the transfer of development rights to see what has been done in the past. Mayor Fournier motioned to table this application to the May 10, 2004 City Council Meeting. Seconded by CM Wendel. All in favor. Motion carried. 6.3. Concept Plan for The Village: A. Concept Plan Review for development of a Mixed Use Residential Development consisting of 114 units. Mayor Fournier motioned to table in order to set up a site inspection with the Planning Commission. Seconded by CM Wendel. Voting For the Motion: Mayor Fournier, CM Wendel, CM Struthers and CM Scharber. Voting Against the Motion: CM Heidner. Motion carried four (4) to one (1). 6.4. Final Plat approval for Arbor Place. Applicant requested to remove from agenda and place on the May 10th City Council Agenda. 6.5. Final Plat approval for Arbor Creek, II Addition. Applicant requested to remove from agenda and place on the May 10th City Council Agenda. 6.6. Final Plat approval for Sunray Farms II Addition. Dan Licht presented the Planner's Report. Ron Wagner presented the Engineering Report. Casey from Tollefson Development stated he agrees with the conditions. CM Struthers motioned to approve the Sunray Farms 2"d Addition Final Plat subject to the 4 conditions listed in the Findings of Fact. Seconded by CM Heidner. All in favor. Motion carried. 7. Ron Waener. Citv Enizineer. 7.1. Consider negotiated contract with Automatic Systems. Ron Wagner reviewed the negotiations and proposed contract. Bill Morris explained the pump will start up without the Scada System but will be upgraded in the fall. Mr. Morris also explained it makes sense to use the same contractor because of time factor. City Council Meeting of April 26, 2004. Page 5. CM Struthers motioned to approve adopt the Resolution for $54,098. Seconded by Wendel. All in favor. Motion carried. 7.2. Consider Resolution to Advance State Aid Funds. CM Heidner motioned to approve Resolution 2004-18 requesting advancement of State Aid Funds. Seconded by CM Wendel. All in favor. Motion carried. 7.3. Consider Change Order #1 for Water Tower #2 (Painting Options) Ron Wagner reviewed the Change Order, which includes a third logo and clear coating the logos. CM Wendel motioned to approve Change Order #1 for $12,547.00 for Water Tower #2. Seconded by Mayor Fournier. All in favor. Motion carried. 7.4. Consider Resolution orderingthe he Improvement for Quaday Avenue. CM Scharber motioned to approve Resolution 2004-22 ordering the Improvement of Quaday Avenue from 78`h Street to CSAH 37. Seconded by CM Heidner. All in favor. Motion carried. 8. Andrew MacArthur, City Attorney. 8.1. Consider Bonestroo Contract Removed from agenda. 8.2. Meth Ordinance, Mr. MacArthur updated the Council that the County is in the process of adopting an Ordinance and recommended to let the County handle the issue. The Council agreed but make sure the County gets it done. 8.3. Nuisance Update. Mr. MacArthur updated the Council. He also talked about an ordinance authorizing staff to give tickets out for nuisance violations. The Council directed Mr. MacArthur to continue to pursue such an ordinance. Mr. MacArthur stated that Gerald Kurtti is present and an offer of $15,000 was made to him for the easement across his property based on $50,000 per acre. Mr. Kurtti requested $20,000. Mr. MacArthur advised the Council that he feels this is reasonable and recommended approval. Mayor Fournier motioned to approve the recommendation. Seconded by CM Struthers. All in favor. Motion carried. 9. Council Items: 9.1. East and West Sewer Plant Update. Mike Robertson told the Council that Big Lake is looking at a Class A Sludge Plant and they might be interested in having Otsego as a customer. 9.2. Consider Resolution Approving Wright County Mayor's Association Document. CM Heidner motioned to adopt Resolution 2004-19 for support for Wright County Cities Policy Statements. Seconded by CM Scharber. All in favor. Motion carried. 9.3. Consider Streetlight Request Since no additional information was received, Mike Robertson requested to table. City Council Meeting of April 26, 2004. Page 6. CM Scharber motioned to table. Seconded by CM Heidner. All in favor. Motion carried. 9.4. Historical Designation of Peavey House Mayor Fournier would like this on a future agenda for discussion. CM Wendel and CM Scharber opposed designation as they feel it has been altered too much. CM Scharber also doesn't feel the Peavey House is an asset to the City. CM Heidner and Mayor Fournier would like to know if it has been altered too much. CM Struthers feels the Peavey House is historically significant. Dan Licht recommended to have the Peavey House professionally reviewed and have the Historic Preservation Commission state why they want the Peavey House preserved. The Council directed staff to seek RFP's to review the Peavey House. 10. Mike Robertson, City Administrator. 10.1. Consider Park Board Recommendations Mike Robertson reviewed the recommendations.. CM Heidner would like to see a fence around the horseshoe pit. The City Council directed staff to get cost estimates for the Park Shelter upgrade. 10.2. Damon Farber Bill. Mayor Fournier motioned to pay this bill. Seconded by CM Struthers. All in favor. Motion carried. The Council directed staff to get a quote for a sprinkler system for School Knoll Park, baby swings and more park benches. Also to have the City Engineer get quotes for extending the curb at Odean Avenue and CSAH 39. Mike also reported that he had met with Paul Donna, Otsego's Financial Adviser, and directed him to start the process for a bond for Quaday and MacIver Avenue Improvements. 11. Judy Hudson, City Clerk. Judy updated the Council that Joan Vasseur wants her land in the Ag Preservation Program. She would consider selling her land to the City for a park in the future but not now. The Council asked Mayor Fournier to contact Ms. Vasseur regarding her land. 12. Adj oum by 10 PM. Mayor Fournier motioned to adjourn. Seconded by CM Wendel. All in favor. Motion carried. Meeting adjourned at 9. 9 PM. ayor ry Fournier ATTES Ju udtoCity Clerk/Zoning Adm.