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09-26-05 CCOTSEGO CITY COUNCIL MEETING OTSEGO CITY HALL SEPTEMBER 26, 2005 1. Mayor Larry Fournier will call the meeting to order at 6:34 pm. Roll Call: Mayor Larry Fournier; Councilmembers: Vern Heidner, Dan Scharber, Jessica Stockamp and Mark Thorsted. Staff: Judy Hudson, City Clerk; Karee Rowell, Deputy Clerk; Dan Licht, City Planner, Andy MacArthur, City Attorney; Jeff Elliot and Shane Nelson, Assistant City Engineers. Pledge of Allegiance: Mayor Fournier led in the Pledge of Allegiance. 2. Consider agenda approval. Mayor Fournier requested to add Item 10.2. Set joint meeting with the City of St. Michael and move Item 8.5. Nashua Avenue/Prairie Park Trail to start at 7:00 pm. CM Heidner motioned adoption of the agenda as amended. Seconded by CM Scharber. All in favor. Motion carried. 3. Consider the following minutes. 3.1. City Council Meeting of September 12, 2005. CM Scharber motioned adoption of September 12, 2005 Council Minutes. Seconded by CM Stockamp. All in favor. Motion carried. 4. Open Forum: (5 minute limit) Joel Kolles, 8925 Mason Avenue NE — Has concerns with the drainage problem along Mason Avenue/Otsego Creek and presented letter and pictures of the flooding on his property. Randall Begin, 9227 Napier Avenue NE — He stressed his concerns on the flooding on his property and the culvert that was placed under 90th Street. Dan Licht stated the culvert that is placed was directed by the DNR. Mayor Fournier directed the City Engineering to take a look into this and to bring it back to a City Council meeting. Stewart Turnquist, 11020 95th Street NE — Wanted to express his concerns with flooding of the creek around his place. Jeff Elliot said they will check into this. Dave Hagen, Loucks Associates, for Crimson Ponds West, stated they have sent plans to the Engineering Office, but have not had any feed back yet. Shane Nelson said there are items on the plans that need to be cleared up before any utility agreement is approved. CM Heidner stated his concern with the grading South of Crimson Ponds West. Some Hidden Valley Residents look out of their backyards and see 30 feet of dirt. Before any action is taken the City Engineer will take a look at it. City Council Meeting on September 26, 2005. Page 2. 5. Consent Agenda.(Non-controversial items). 5.1. Approve Claims List. 5.2. 2005 No Discharge Map. 5.3. Approve Vintage Golf Course/Grenins Mississippi Hills Drainage 5.4. Improvement Final Pay Estimate #1 to Hennens For $6,896.00. CM Heidner motioned to approve the consent agenda. Seconded by Mayor Fournier. All in favor. Motion carried. CM Heidner rescind on Item 5.3. Approve Vintage Golf Course/Grenins Mississippi Hills Drainage Improvement Final Pay Estimate #1 to Hennens for $6,896.00. The Council has asked for an Itemized bill on this. Seconded by CM Scharber. All in favor. Motion carried. 6. Public Works. 6.1. Approve Adopt A Park Program This will be brought back to the Council October 10, 2005. Brad Belair addressed the City Council on the city vehicles at the auction. The 92 Truck was sold for $31,000.00, the 86 Truck was sold for $675.00 and the pup trailer was sold for $2,050.00. With auction percent taken out the city will get about $31,000.00. 7. Dan Licht, City Planner. 7.1. Dale Boeshans a CUP to allow a second access to a public street from a single Family lot. Dan Licht gave the Planner's report. The applicant was satisfied with the report. CM Heidner motioned to approve of the CUP for a second driveway access subject to the two conditions. Seconded by CM Stockamp. All in favor. Motion carried. 7.2. Great River Centre - Dare Outlot a. Zoning Map Amendment b. PUD Development Stage Plan/Preliminary Plat Dan Licht gave the Planner's report. Jeff Elliot gave the Engineering report. Daniel Green with Terra Development was fine with the reports. CM Scharber motioned to approve a Zoning Ordinance amendment establishing a PUD District for land to be included within the Great River Centre Preliminary Plat based on the finding that the request is consistent with the Comprehensive Plan. Seconded by CM Heidner. All in favor. Motion carried. City Council Meeting of September 26, 2005. Page 3. CM Scharber motion to approve a PUD Development Stage Plan and Preliminary Plat for Great River Centre, subject to the 19 conditions. Seconded by CM Heidner. All in favor. Motion carried. 7.3. Mississippi Shores PUD a. Zoning Ordinance amendment establishing a PUD District for Mississippi Shores 6th, 7th and 8th Additions. Dan Licht gave the Planner's report. Jeff Elliot gave the Engineering report. Andy MacArthur verified that he had looked over the contract with the owners. CM Heidner motioned to approve a Zoning Ordinance amendment establishing a PUD District for Mississippi Shores 6th, 7th and 8th Addition, subject to the nine conditions. Seconded by CM Scharber. All in favor. Motion carried. 7.4. Applicant Shadow Creek Corporation for Featherwind Farms: a. Zoning Map Amendment. b. PUD-CUP/Preliminary Plat C. EAW Declaration Mike Gair with MFRA updated the City Council with the modifications of the preliminary plat for Featherwind Farms. Dan Licht went over the Planner's report. The City Council was impressed with all the changes and the layout with a concern about the safety of the long cul-de-sac as being the only access and how hard it would be to get emergency vehicles in there. The fencing in front of the development, which Lucinda Gardner with Darrel Farr Development, stated they are in contact with the residents and will be working with them and it would be a maintenance free fence. CM Scharber stated he liked the plan but he is concerned with the one access and the PUD Zoning. Dan Licht said the Council could send Featherwind Farms preliminary plat with the changes back to the Planning Commission and at the same time to change the zoning PUD from 12 per forty to 14 per forty. Judy Hudson instructed the City Council that they would need to approve or disapprove the recommendation of EAW. Mayor Fournier motioned to approve the EAW study. Seconded by CM Scharber. All in favor. Motion carried. Mayor Fournier motioned to send Featherwood Farms PUD- CUP/Preliminary Plat for the Planning Commission comments and recommendation. Seconded by CM Scharber. Four approve and CM Thorsted opposed. Motion carried. 7.5. Any other Planning Items. No other items. City Council Meeting on September 26, 2005. Page 4 8. Ron Wagner, City Engineer. 8.1. Utility & Street Design for SE Otsego Jeff Elliot gave the Engineering report. Mayor Fournier motioned to direct the Engineer to prepare plans and specifications. Seconded by CM Scharber. All in favor. Motion carried. 8.2. Christian Hills Stormwater Repair Jeff Elliot gave the Engineering report. Casey Luehrs, 6215 Quale Avenue NE, wondered why a culvert could not be placed on the other side of his place. Russell Lowman, 16014 62nd Street NE, stated the road has washed out. Mayor Fournier would like to get all the residents in that area together and go over the drainage problems and the options the residents have. The meeting was set for Thursday, October 6, 2005 at 8:00 pm. 8.3. Discussion of Vintage Golf Pumping Andy MacArthur went over the report. Mayor Fournier motioned to authorize Andy MacArthur to send a citation to Chris Bulow Grenins Mississippi Hills/Vintage Golf Course. Seconded by CM Scharber. All in favor. Motion carried. 8.4. Approve Pay Estimate 6 to Buffalo Bituminous for $596,304.16 and Change Order #4 for MacIver Avenue. Jeff Elliot went over the Change Order #4 and request for pay estimate #6. City Council asked why there is another change order for muck. The jokes were all over the place not to mention muck muck! Mayor Fournier motioned to approve pay estimate #6 for $596,304.16 and Change Order #4 for $239,778.98. Seconded by CM Stockamp. All in favor. Motion carried. 8.5. Consider Approving Plans and Specs and Order Advertise for Bids for Nashua Avenue/Prairie Park Trail. Jeff Elliot gave the Engineering report. Tricia Knudsen, 8652 Nashua Avenue NE, stated this was the first time she heard of a trail going in front of her house. Her driveway washes out now and did have an engineer to look at that. She feels if the City proceeds with this bike path she will end up with more water problems. Jeff Elliot stated they are using the City's right-of-way and they will be using just part of the easement for construction. Mayor Fournier asked about the driveway and Jeff Elliot said that they will pave the apron of the driveway. Ms Knudsen said there is no culvert and the creek is on the south side of the drive, CM Heidner asked if a culvert could be put it to help with her drainage problem. Jeff Elliot said they can do that. City Council Meeting on September 26, 2005. Page S. CM Thorsted motioned to approve Resolution 2005-48 Prairie Park Trail Improvements connecting the trail along 85th Street and Prairie Park plans and specifications and ordering advertisement for bids. Seconded by CM Stockamp. All in favor. Motion carried. 9. Andrew MacArthur, City Attorney. Andy MacArthur talked about the 89th Street NE and Parell Avenue Assessment Hearing. CM Scharber motioned to approve Resolution 2005-66 for the Hearing on proposed Assessments for 89th Street NE/Parell Avenue NE Road Improvement. Seconded by CM Stockamp. All in favor. Motion carried. 10. Council Items. 10.1. Set a Joint Workshop with Heritage Preservation Commission. Mayor Fournier would like the Heritage Preservation Commission to be notified so they can attend the next City Council meeting October 10, 2005. 10.2. Set up a Joint Meeting with City of St. Michael Two dates of November 16th or the 17th at 6:30 pm and the meeting will be here. 11. Mike Robertson, City Administrator. 12. Judy Hudson, City Clerk. Judy Hudson stated that Oertel can not make the meeting for October 3rd and would like to change date to Monday, October 17, 2005 at 5:00 pm. Mayor Fournier talked about the Mayors meeting he attended and the League of Minnesota would like all cities to support the expansion of wastewater treatment plants due to the Annandale/Maple Lake Wastewater treatment plant permit denied. CM Heidner directed Mike Robertson to write a letter to the League of Minnesota. Seconded by CM Scharber. All in favor. Motion carried. Mayor Fournier instructed the City Engineer to look into the Albertville outlet pipe. We need to make sure it is being regulated. 13. Adjourn by 10:00 PM. CM Scharber motioned to adjourn. favor. Motion carried. Meeting was adjourned at 10:44 pm. Larry Fournier, Mayor ATTEST: Karee Rowell, Deputy Clerk Seconded by CM Stockamp. All in