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10-13-03 CCOTSEGO CITY COUNCIL MEETING OCTOBER 13, 2003 OTSEGO CITY HALL 6:30 PM 1. Mayor Lam Fournier will call the meeting to order. Mayor Fournier called the meeting to order at 6:30 p.m. 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; Daniel Licht, City Planner; Ron Wagner, City Engineer; Jeff Elliott and Bill Morris, Assistant City Engineers. Pledge of Allegiance. Mayor Fournier led in the Pledge of Allegiance. 2. Consider agenda approval. Ron Wagner requested to move Item 7.1. MacIver Feasibility Report to Item 6.4. add Item 4.2. Change order for Lift Station West, and add Item 7.5. Discussion of EnComm for Irrigation System for Prairie Park. CM Heidner requested to remove from the Consent Agenda pay estimate to Rum River Contracting to Item 7.6. CM Struthers requested to add Item 6.7. Bio -solids, and Item 8.4. Police Commission. Mike Robertson requested to add Item 10.2. Holiday Store Grand Opening. CM Struthers motioned to adopt the Agenda as amended. Seconded by CM Wendel. All in favor. Motion carried. 3. Consider the following minutes: 3.1. September 22, 2003 City Council Meeting Minutes. CM Heidner motioned adoption. Seconded by CM Struthers. All in favor. Motion carried. 3.2. September 25, 2003 City Council Special Meeting Minutes. CM Heidner motioned adoption. Seconded by CM Scharber. All in favor. Motion carried. 3.3. September 25, 2003 Public Hearings. CM Struthers motioned adoption. Seconded by CM Heidner. All in favor. Motion carried. 3.4. September 29, 2003 City Council Budget Meeting_ CM Scharber motioned adoption. Seconded by CM Wendel. All in favor. Motion carried. 3.5. September 29, 2003 City Council Workshop. CM Heidner motioned adoption. Seconded by CM Struthers. All in favor. Motion carried. 3.6. August 18, 2003 City Council Budget Workshop. CM Struthers motioned adoption. Seconded by CM Wendel. All in favor. Motion carried. City Council Meeting of October 13, 2003. Page 2. 4. Open Forum: (5 minute limit) Rudy Thiodeau, Godfathers Pizza, 9100 Park Avenue, and a member of the I-94 Chamber of Commerce discussed the Sign Ordinance. He sees a lot of illegal signs going up in Waterfront West and wants more enforcement. He suggested that the City considers changing the current Ordinance to allow new businesses 30 days of temporary signs. Dan Licht explained the current ordinance allows temporary signs and suggested requiring a security with temporary sign permits. CM Heidner motioned to direct the Planning Commission to review the Sign Ordinance. Seconded by Mayor Fournier. All in favor. Motion carried. 4.2. Change Order for Lift Station. Ron Wagner, Bill Morris and Karen Cavett of Bonestroo went over the Change Order which is a net difference of $71,752. The Change Order will remove $60,052 in costs from other jobs, so the net cost to the City will be $11,700. CM Heidner motioned adoption of Change Order 1. Seconded by CM Scharber. All in favor. Motion carried. 5. Consent Agenda. (non -controversial items) 5.1. Approve Claims List. 5.2. See attached Engineering_ Payment Requests. CM Heidner requested to remove the Rum River payment for discussion. CM Struthers motioned to approve the amended Claims List. Seconded by CM Heidner. All in favor. Motion carried. 6. Dan Licht, City Planner. 6.1. Site and Building Review for Nathe's 101 Market expansion. Dan Licht presented the Planner's Report. Ken Nathe agreed with the Planner's Report. CM Heidner motioned to approve the site and building plan for a 5,175 square foot green house addition to the Highway 101 Market subject to the two conditions listed in the Findings of Fact. Seconded by CM Scharber. All in favor. Motion carried. 6.2. Chris and Linda Bulow of Grenin's Mississippi Hills: A. PUD/CUP Amendment. B. Variance from Sewage Disposal Ordinance 91-24. C. Preliminary and Final Plat to develop 2 Single Family Lots. Dan Licht presented the Planner's Report. Ron Wagner reviewed the proposed septic system which he has approved. Chris Bulow agreed with the staff reports. Mayor Fournier asked about the storm water drainage erosion problem Island View Estates is experiencing. Ron Wagner explained there is a problem affecting some of the river lots. CM Heidner was concerned that the homeowners are made aware that they need to clean these septic systems every year. Mr. Bulow said he could make it part of the covenants or a home owners association. Dan Licht suggested to make it part of the conditions. City Council Meeting of October 13, 2003. Page 3. CM Motioned to approve the PUD -CUP amendment and preliminary/final plat to allow subdivision of two single family lots from Outlot A of Grenins Mississippi hills subject to the 5 conditions plus that septic systems are maintained in accordance with City Engineer recommendation. Seconded by CM Wendel. All in favor. Motion carried. 6.3. School District 728 for Otsego Elementary: A. Zoning Ordinance Text Amendment to allow temporary classrooms as an Interim Use within an Institutional District. B. Interim Use Permit for temporary classrooms at Otsego Elementary School. Dan Licht presented the Planner's Report. CM Wendel stated she would prefer seeing a longer period of Interim Use than one year. CM Heidner's concern is that Otsego has only one school and other cities in the 728 ISD have two or three. He would like to see the District show the City that they are in the process of purchasing land for another school. Otsego's growth shouldn't be a surprise to the District as it has all been covered in the local newspaper. CM Struthers stated he supports CM Heidner's comments and that Otsego's students should not be housed in second class buildings. Mayor Fournier agrees with these comments and supports the one year allowance for temporary structures. CM Heidner motioned to approve a Zoning Ordinance amendment to allow temporary classroom facilities as an Interim Use within the INS District. Seconded by Mayor Fournier. Voting For the Motion: Mayor Fournier, CM Heidner, CM Wendel, CM Scharber. Voting Against the Motion: CM Struthers. Motion carried 4 to 1. CM Heidner motioned to approve an Interim Use Permit to allow temporary classroom facilities at Otsego Elementary within the INS District subject to the three conditions listed in the Findings of Fact. Seconded by CM Scharber. Voting for the Motion: Mayor Fournier, CM Heidner and CM Scharber. Voting against the Motion: CM Struthers and CM Wendel. Motioned carried 3 to 2. 6.4. LandCor Companies for Waterfront East: A. Concept Plan. Dan Licht presented the Planner's Report. Ron Wagner presented the Engineer's Report which pertained to the Preliminary Plat and not Concept Plan. Audie Tarpley, LandCor, agrees with the conditions of the Planner's Report. CM Heidner motioned to approve a PUD Concept Plan for Waterfront East, subject to the 24 conditions listed in the Findings of Fact. Seconded by CM Scharber. All in favor. Motion carried. CM Struthers stated he doesn't like how the pedestrian path and other city paths connect. Mr. Tarpley agreed there needs to be changes. Mayor Fournier's concern was the parking lot and wants it made as attractive as possible but likes the project. City Council Meeting of October 13, 2003. Page 4. 6.5. Maplewood Development - Comprehensive Plan Amendment. Dan Licht presented the Planner's Report. Ron Wagner presented the Engineering Report. He especially noted that the length and low flow of a sewer line to this property would create maintenance issues. The applicant, Mario Cocchiarella of Maplewood Development, explained the office buildings proposed would be owner occupied creating a corporate campus. The plans don't show single family homes because of the expense of bringing sewer to this area and the close promistely to the office complex. There are 64 office units which will be built prior to the town homes. They want to keep the traffic separate between office and residential uses by using landscaping. CM Wendel asked if sewer is brought under I-94 could the Becker farm could also be served. Dan Licht said the trunk lines would be sized accordingly. CM Wendel commented this development would generate more taxes. Mr. Cocchiarella said that they only want a Comprehensive Plan Amendment at this time and they are willing to wait to develop. CM Scharber stated there is a lack of Industrial and Commercial Land in the Comprehensive Plan and he is not in favor of changing anything now. Mayor Fournier explained the City will be updating the Comprehensive Plan soon and he would hate to give up any commercial or industrial land now but this should be discussed at the time of the update. CM Wendel doesn't support this area for industrial. CM Scharber motioned to deny the request for a Comprehensive Plan amendment to change the guided land use of 120 acre located south of Interstate 94 and north of CSAH 37 from Industrial to Low Density Residential Land Use based on the most current plan and information received to date and a finding that the request is inconsistent with the polices as listed in the Findings of Fact dated October 8, 2003. Seconded by CM Heidner. Voting for the motion: Mayor Fournier, CM Heidner, CM Scharber and CM Struthers. Voting Against the motion: CM Wendel. Motion carried 4 to 1. 7.1. Feasibilit�Report on Trunk Watermain to MacIver Avenue. Jeff Elliott reviewed the Feasibility Report for Trunk Watermain to MacIver Avenue. Ron Wagner explained the big difference between Option 1 and Option 2 is constructing through a lot of undeveloped land. Tom Bakridges of DR Horton who is also working with Insignia Development, stated he supports Option 2 and is willing to upfront the costs. CM Heidner motioned to accept the Feasibility Report for the Improvement of Trunk Watermain across the NW '/4 SE '/4 of S25, R24, T121. Seconded by CM Wendel. All in favor. Motion carried. CM Heidner motioned to order preparation of Plans and Specs for the Improvement of Trunk Watermain using Option 2 across the NW '/4 SE '/4 of S25, R24, T121. Seconded by CM Scharber. All in favor. Motion carried. City Council Meeting of October 13, 2003. Page 5. 7.1. Feasibility Report on MacIver Avenue and portion of 701h Street. CM Struthers motioned to accept the Feasibility Study, and ordering preparation of Plans and Specifications for the Improvement of MacIver Avenue between 80`h Street and 601h Street and 70`h Street from MacIver Avenue to '/4 mile east. Seconded by CM Scharber. All in favor. Motion carried. 6.6. Final Plat for Sunray Farms. Dan Licht presented the Planner's Report. Ron Wagner presented the Engineering Report. Jason Osberg, applicant, stated they agree with the conditions and the 16 inch watermain. CM Scharber motioned to approve the Final Plat for Sunray Farms Final Plat subject to the 9 conditions listed in the Findings of Fact changing Condition No. 1 to Right-of-way in place of easement. Seconded by CM Heidner. All in favor. Motion carried. 6.7. AU other PlanningItems. ems. A. Bio -solids. CM Struthers recommended a change in the City Ordinance to allow the spreading of bio - solids. The Council directed the City Attorney to review the issue. 7. Ron Wagner, City Engineer: 7.1. Feasibilitv Renort on Trunk Watermain to MacIver Avenue and Feasibili The Council approved this under Item 6. 7.2. Change Order to Encomm on Pump house #3. Bill Monis reviewed the Change Order. Mayor Fournier motioned approval of Change Order NO. 2 for $5,500.00 Seconded by CM Struthers. All in favor. Motion carried. 7.3. Change Order to Latour on Trunk Watermain. Bill Morris went over Change Order. CM Heidner motioned to approve Change Order NO. 1 Seconded by CM Scharber. All in favor. Motion carried. 7.4. Lefebvre Creek Bids. Mayor Fournier motioned to approve the project up to $120,000. Seconded by CM Scharber. All in favor. Motion carried. 7.5. Any other En ing eerin Items. ems. A. Encomm Bid for Irrigation System. Ron Wagner had estimated this project at $59,000 but the three quotes he received were well over this amount due to all the electrical work and water tank. The engineers now recommend a 10 inch well at a cost of up to $35,000. Mayor Fournier motioned to approve the change. Seconded by CM Heidner. All in favor. Motion carried. City Council Meeting of October 13, 2003. Page 6. B. Consent Agenda Item regarding Rum River Contracting Pay_ Estimate. CM Heidner felt the grass isn't doing well. Ron Wagner said it was dormant until it rained and it is filling in with the recent rain fall. CM Heidner motioned to approve the final payment. Seconded by CM Struthers. All in favor. Motion carried. C. 87`h Street and O'Brian Avenue Project. Ron Wagner went over the Change Order to the Page Avenue and 85`h Street Project to authorize construction of 87`h Street and O'Brian Avenue. CM Scharber motioned to approve the Plans and Specifications for 87"h Street and O'Brian Avenue Reconstruction and authorize the project up to $136,000. Seconded by CM Wendel. All in favor. Motion carried. D. Wetland in Prairie Creek Ron Wagner is having Dressel Construction do the repair work of lowering the pipe to 87Th Street and will send the bill to the developer. 8. Andrew MacArthur. Citv Attornev: 8.1. Nuisance Update. Mr. MacArthur updated the Council. 8.2. Adoption of Assessment Roll for 85`h Street and Page Avenue. Council reviewed the Kincanon letter requesting a reduction in assessment. CM Scharber motioned to reduce the Kincanon assessment from $30,000 to $20,000 due to them being open only part of the year. Seconded by CM Wendel. All in favor. Motion carried. CM Wendel motioned to approve the Resolution setting assessment at $4,186.72 with interest rate at 6% payable over 10 years. Seconded by CM Struthers. All in favor. Motion carried. 8.3. Adoption of Assessment Roll for 85`h Street Extension. (Request to table This to the October 27h Council Meeting.) CM Scharber motioned to table this item. Mayor Fournier seconded. All in favor. Motion carried. 8.4. Any other Legal Items. A. Police Commission Items CM Struthers motioned to transfer $100 from the City Council Contingency Fund to the Police Commission. Seconded by Wendel. All in favor. Motion carried. Regarding the Complaint Box, the City Attorney does not recommend this or the complaint form as the complaint would have already have happened and there has to be probable cause. Mike Robertson suggested a general suggestion box. He will call Sheriff Miller for his opinion on the complaint form. City Council Meeting of October 13, 2003. Page 7. 9. Council Items: A. East and West Sewer Plant Update. Mike Robertson explained that in the bid for the West Sewer Plant there was an estimated error by the Electrical Subcontractor of $100,000. The Contractor is obligated to pay but this puts them in a tough spot and he would like some help. The Council asked for more information from Bonestroo on this. 10. Mike Robertson, City Administrator: 10.1 Dayton -Ramsey Bridge Public Meeting_ The Council reaffirmed their support for the bridge and directed Mike to send this information to MnDOT. 10.2. Holiday Convenience Store Grand Opening, Mike Robertson announced the Grand Opening is on Thursday, October 16, 2003 at 11:30 AM. 10.3. Report on MnDOT meeting, At the MnDOT Meeting held today at Otsego City Hall, Mike Robertson explained that everything that District 3 previously told us has now been contradicted. The Governor is looking at local governments paying up to 50% of the costs for the interchanges on 101. He will update Council when the State decides on the official amount. 11. Judv Hudson. Citv Clerk. 11.1. Set Fire Assessment for 2004. CM Struthers motioned to set the 2004 Fire Assessments as recommended but to further increase Elk River's to $50.50. Seconded by CM Wendel. All in favor. Motion carried. 12. Adiourn by 10 PM. CM Scharber motioned to adjourn. Seconded by CM Wendel. All in favor. Motion carried. Meeting adjourned at 10:46 PM. (�iayor 10 Fournier ATTEST: Juy so City Clerk/Zoning Adm.