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10-24-05 CCITEM 3_1 OTSEGO CITY COUNCIL MEETING OTSEGO CITY HALL OCTOBER 24, 2005 6:30 PM 1. Mayor Larry Fournier will call the meeting to order. Mayor Fournier called the meeting to order at 6:31 pm. Roll Call: Mayor Fournier, Vern Heidner, Jessica Stockamp, and Mark Thorsted. Dan Scharber was absent. Staff: Mike Robertson, City Administrator; Judy Hudson, City Clerk/Zoning Administrator; Karee Rowell, Deputy Clerk; Dan Licht, City Planner; Ron Wagner, City Engineer and Andy MacArthur, City Attorney. Pledge of Allegiance: Mayor Fournier led in the Pledge of Allegiance. 2. Consider agenda approval. Mayor Fournier requested to remove Item 9.1. Duke Realty and Mark Thorsted requested to add Item 10.1. Park Commission Pumpkin Patch Update. CM Heidner motioned adoption of the October 24, 2005 City Council Agenda as amended. Seconded by CM Stockamp. All in favor. Motion carried. 3. Consider the following minutes. 3.1. October 10, 2005 City Council Meeting. Mayor Fournier questioned on page 2 Coborn's Dry Cleaning to be discussed on Item 11.1. CM Thorsted motioned to approve the October 10, 2005 City Council Minutes as amended. Seconded by CM Heidner. Abstained: Jessica Stockamp. Motion carried. 3.2. October 6, 2005 City Council Workshop. Mayor Fournier requested to strike the word Budget from the title. Mayor Fournier motioned to approve the October 6, 2005 City Council Workshop Minutes as amended. Seconded by CM Stockamp. All in favor. Motion carried. 3.3. October 3, 2005 City Council Workshop. CM Heidner motioned to approve the October 3, 2005 City Council Workshop Minutes as amended. Seconded by CM Stockamp. All in favor. Motion carried. 4. Open Forum: (5 minute limit) 4.1. Special Presentation: Paul Donna, Northland Securities - 2005 Improvement Bond. Paul Donna presented the 2005 Improvement Bond for Mississippi Shores and Waterfront East improvements. Rate is estimated at 4.4%. This will be brought back to the City Council Meeting on November 14, 2005. City Council Meeting of October 24, 2005. Page 2. Tom Darkenwald, 7767 River Road NE, asked about the land that was donated to the City if he could get a letter that a drainage easement will go through the property. The City Council instructed Andy MacArthur to draw up a letter to regarding the Darkenwald property. Vince Peterson, 6620 Oakwood Avenue NE, expressed concerns about storm drainage. Ron Wagner will take a look into the issue. 5. Consent Agenda. (Non -controversial items). 5.1. Approve Claims List. 5.2. Approve Pay Estimate No. 3 to SR Weidema for $184,263.71. 5.3. Approve Pav Estimate No.1 $23.452.08 for Froni Street Lighting in Waterfront East & Mississippi Shores 7`" & Stn to Killmer Electric. CM Heidner motioned to adopt the amended claims list. Seconded by CM Stockamp. All in favor. Motion carried. 6. Public Works. 6.1. Snowplowing Policy. Brad Belair went over the snowplowing policy. Mayor Fournier asked about the man power and will there be enough. CM Heidner stated he thought it was necessary to plow the trails before the secondary cul-de-sacs. Brad Belair assured that there will be have enough help and they will get everything plowed. 7. Dan Licht, Citv Planner. 7.1. Arbor Creek 4th Addition: a. Consider approval of Zoning Map Amendment rezoning property from A-1 District to R-6 District. b. Consider approval of Preliminary plat entitled "Arbor Creek 4th Addition" consisting of 15 single family lots and public right -of -wax. c. Consider approval to Vacation a portion of the existing Public right-of-way for 78th Street within the plat of Arbor Creek. Dan Licht presented the City Planners Report. Ron Wagner presented the City Engineering Report. John Jackels with Emmerich Development, is fine with the staff reports. CM Heidner 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 request is consistent with the Comprehensive Plan. Seconded by CM Stockamp. All in favor. Motion carried. City Council Meeting of October 24, 2005. Page 3. CM Heidner motioned to approve the Arbor Creek 4th Addition Preliminary Plat, subject to the six conditions and approval of the City Engineer fire hydrant looping. Seconded by CM Thorsted. All in favor. Motion carried. CM Heidner motioned to approve the vacation of a portion of the existing 78th Street right-of-way to the approval of the City Engineer. Seconded by CM Stockamp. All in favor. Motion carried. Mayor Fournier motioned to proceed with the utility agreement. Seconded by CM Heidner. All in favor. Motion carried. 7.2. Otsego Auto Sales: a. Consider approval of Amendment of an existing Planned Unit Development — Conditional Use Permit to allow secondary outdoor automobile sales and outdoor automobile storage. Dan Licht presented the City Planners Report. Ron Wagner presented the City Engineering Report. CM Heidner motioned to approve the PUD -CUP Agreement, subject to the six conditions. Seconded by CM Thorsted. All in favor. Motion carried. 7.3. Featherwind Farms: a. Consider approval of Zoning Map Amendment rezoning property from A-1 District to R -C District. b. Consider approval of Preliminary plat/PUD-CUP Dan Licht presented the Planner's Report. Ron Wagner has some concern with the shallow ditches and thinks that curbs are needed. Lucinda Gardner said they would like the ditch system instead of the curb to maintain a rural look. Mae Spencer, 11088 95th Street NE, had concerns with people going onto their property and would like to see a fence between their properties. Mrs. Spencer is worried people will come on to their property and think it is okay to four wheel etc... She is also disappointed that the horse area wasn't moved and fears that they will have to put up with the odors from the horses. Ruth Paffel, 11722 95th Street NE, she likes the bike path along the creek. Stewart Turnquist, 11020 95th Street NE, he is concerned about people going on his property and he wants a fence put up. He also was concerned about drainage in the pasture and it going on his organic garden. Ron Wagner said they will look into when they will go over the Final Plat. Mayor Fournier asked why they did not move the horse lots like the City Council asked. Lucinda Gardner said they tried to do the layout, but it didn't work out. CM Heidner asked about the trail system from the East side development. The trail will start at Mason Avenue. CM Stockamp asked about parking at the park. Dan Licht said there will be parking. Mayor Fournier asked Lucinda Gardner if they are open for discussing a fence with the property owners. Lucinda Gardner said they will work it out, but doesn't know what kind of fence right now. City Council Meeting of October 24, 2005. Page 4. CM Heidner motioned to approve a Zoning Map amendment rezoning the subject site from A-1 District to R -C District based on a finding that the request is consistent with the Comprehensive Plan. Seconded by CM Thorsted. All in favor Motion carried. CM Heidner said they need a discussion to decide on the curb before any decision can be made. Ron Wagner said the curb and gutter issue will cost an estimated $8.00 to $10.00 per lineal foot. Mayor Fournier asked about sidewalk and Dan Licht said we do not require sidewalks with cluster homes. CM Stockamp asked about the trail on where it ends at the bridge? Mike Gair said the bridge is wide enough to have trail go across the bridge. CM Heidner motioned to approve the preliminary plat and PUD -CUP for Featherwind Farms subject to the eleven conditions modifying Condition #7 that the city will further review the issue of curb and gutter and fences. Seconded by CM Thorsted. Mayor asked Lucinda Gardner to draw the sketch showing the change of areas the council asked for. All in favor. Motion carried. 7.4. Boeshans CUP invoice. Dan Licht explained CUP invoice. CM Heidner approved of the escrow refund and it should come out of the Building Code Enforcement Account. Seconded by CM Stockamp. All in favor. Motioned carried. S. Ron Wagner, City Engineer. 8.1. Mason Avenue Drainage. Ron Wagner gave his report. Ron Davis, 9465 Mason Avenue NE, wanted us to look at the drainage in the area. Mike Robertson will contact the property owner. 8.2. Approve Resolution 2005-59 setting the assessment for 89th Street and Parell Avenue. Ron Wagner went over the Resolution 2005-59 regarding the assessment of $3,991.42 for 89th Street and Parell Avenue NE. CM Thorsted motioned to adopt Resolution 2005-59 Assessment for 89th Street/Parell Avenue Road Improvement Project. Seconded by CM Stockamp. All in favor. Motion carried. 8.3. Approve Change Order to Barbarossa & Sons for Lift Station #4. Ron Wagner went over the Change Order #1. CM Thorsted motioned to approve Change Order #1 for Project 04-04, Lift Station #4 to Barbarossa & Sons, Inc. Seconded by Mayor Fournier. All in favor. Motion carried. 9. Andrew MacArthur, City Attorney. 9.1. Duke Realty Agreement. City Council Meeting of October 24, 2005. Page 5 10. Council Items. 10.1. Park Commission Pumpkin Patch Day. CM Thorsted updated the City Council on the big success they had on Saturday. They gave away 325 to 350 pumpkins. CM Heidner noted at the Police Commission they went over the Emergency Plan with Patrick Waletzko. For the City Council meeting on November 28, 2005 this will be put on the agenda and Mr. Waletzko will give a quick summary. 11. Mike Robertson, City Administrator. 11.1. Discuss Sewer and Water Rates. Mike Robertson went over the history of the rates. 12. Judy Hudson, City Clerk. 12.1. Adopt Resolution 2005-58 appointing election judges for 2005 Special Election. Judy Hudson announced to the City Council about the special election. Mayor Fournier motioned to adopt Resolution 2005-58 appointing election judges for 2005 Special Election. Seconded by CM Heidner. All in favor. Motion carried. 12.2. Set 2006 fire assessments. City council agreed to bring this back to the November 14, 2005 meeting. 12.3. St Michael -Albertville Request for Free Topography. Judy Hudson said an Engineering firm for the St. Michael School District wanted to get topos of land they are looking for site for a High School. It would be estimated $2,250.00, but they feel they shouldn't have to pay. The City Council decided they would have to pay. If they buy land and build a school we will refund the money. Ron Wagner thought the area that they are looking at could be put on paper for no fee. Council agreed. 13. Adjourn by 10 PM. CM Stockamp motioned to adjourn. Seconded by CM Heidner. All in favor. Motion carried. Meeting adjourned at 8:48 PM. Mayor Larry Fournier Attest: Karee Rowell, Deputy Clerk