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03-10-03 CCMINUTES OTSEGO CITY COUNCIL MEETING OTSEGO CITY HALL MARCH 10, 2003 6:30 PM 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, Jerry Struthers, Virginia Wendel and Dan Scharber. Staff: Mike Robertson, City Administrator; Judy Hudson, City Clerk/Zoning Administrator; Andrew MacArthur, City Attorney; Dan Licht, City Planner and Ron Wagner, City Engineer. Pledge of Allegiance. Mayor Fournier led in the Pledge of Allegiance. 2. Consider agenda approval. CM Wendel requested to add under Item 9. DNR Letter regarding burning permits. Mayor Fournier requested to add under 7.6. Bonestroo Letter, 7.4. MnDOT Letter, 7.5. March 11, 2003 City Council Workshop. Ron Wagner requested to remove Item 7.5. And add to the March IIth City Council Workshop. CM Struthers requested to remove the Claims List from the Consent Agenda and put under Item 9. CM Scharber requested to add under Item 8. Junk Enforcement. CM Wendel motioned to accept the Agenda as amended. Seconded by CM Scharber. All in favor. Motion carried. 3. Consider the following minutes: 3.1. Council Minutes of February 24 2003. Ron Wagner noted under Item 7.2. The name is Doug Bishop. Mayor Fournier requested under Item 7.5. to include the Council direction of having the City Engineer review and give a recommendation. CM Struthers motioned to approve the minutes as amended. Seconded by Mayor Fournier. Voting for the Motion: Mayor Fournier, CM Heidner, CM Struthers, and CM Scharber. CM Wendel abstained since she did not attend. Motion carried. 4. Open Forum: (5 minute limit) 4.1. Special Presentation - Denny Fredrickson of ACE Solid Waste with a presentation of a donation to the Parks. Mr. Fredrickson, representing ACE Solid Waste, presented Mayor Fournier a check for $820 for Park donation. 4.2. Special Presentation - Discussion of Possible 2003 Budget Cuts Mike Robertson went over his March 4, 2003 memo. He indicated that no State Aid cuts would be finalized until mid-May at the earliest and that the City did not need to take any action until then. No one else appeared on Open Forum. City Council Meeting of March 10, 2003. Page 2. 5. Consent Agenda. (Non -controversial item 5.1. Approve Claims List. REMOVED FROM CONSENT AGENDA 5.2. Resolution No. 2003-21 regarding as Otsego Meadows and Grenin's Mississippi Hills. CM Heidner motioned to adopt the amended Consent Agenda. Seconded by CM Wendel. All in favor. Motion carried. 6. Dan Licht, City Planner: 6.1. Arbor Creek Rezoning and Preliminary Plat. Dan Licht presented the Planner's Report. Applicant, John Jackels of Emmerich Corporation, was in attendance. CM Heidner asked about the relocation of the lift station. Ron Wagner explained the land that is being developed by Insignia is further downstream to Otsego Creek and a better location for a lift station. Mayor Fournier asked about the setbacks for the feedlots. Dan Licht explained the setbacks would be adjusted if necessary after a site inspection. CM Heidner was also concerned with drainage easements and ponds being modified by residents doing landscaping. Ron Wagner suggested requiring as-builts from the builders with review of these by his office. Andy MacArthur suggested including in the Developer's Agreement requiring a notice in the covenants that as -built would be required. John Jackels of Emmerich Corporation, stated they are aware of the 1,000 -foot setback from feedlots. CM Struthers motioned to approve rezoning the area of the subject site west of MacIver Avenue from A-1 District to R-6 District and the area east of MacIver Avenue from A-1 District to R-4 District as consistent with the Comprehensive Plan. Seconded by CM Wendel. All in favor. Motion carried. CM Heidner motioned to approve the Preliminary Plat of Arbor Creek, subject to the 14 conditions listed in the Findings of Fact, modifying Condition No. 12 with the first sentence being removed. Seconded by CM Struthers. All in favor. Motion carried. 6.2. Smith Mini Storage. Dan Licht presented the Planner's Report. Ron Wagner stated the grade is greater than the 4% allowed, the turning radius is too sharp, and curb, gutter and catch basins are needed. The applicant, Jeff Smith, stated they are starting out with four structures since they will shorten the buildings to meet the turning radius and other City requirements. CM Scharber motioned to approve the request for mini -storage subject to the conditions listed in the Findings of Fact. Seconded by CM Heidner. All in favor. Motion carried. City Council Meeting of March 10, 2003. Page 3. 6.3. Park and Trail Fees. Dan presented the Planner's Report. The City Council discussed the fees. CM Wendel motioned to approve the amendment to the Ordinance, with land dedication at 10%, $2,100 per unit for residential, $7,000 per acre for commercial and $3,500 per acre for Industrial. Seconded by Mayor Fournier. All in favor. Motion carried. 6.4. Wild & Scenic Development Plan. Dan Licht presented the Planner's Report. CM Heidner motioned to send letter supporting the Plan signed by Mayor. Seconded by CM Struthers. All in favor. Motion carried. 6.5. Otsego Waterfront Development Civic Sign Dan Licht presented the Planner's Report. Mike Robertson stated that LandCor will maintain the sign. Mayor Fournier motioned to spend $12,490 for this civic sign in the Otsego West Waterfront with a written policy regarding the responsibility of maintenance and lighting costs. Seconded by CM Wendel. Voting For the Motion: Mayor Fournier, CM Wendel and CM Struthers. Voting Against the Motion: CM Heidner and CM Scharber. Motion carried 3-2. The Council directed this cost is to come out of the Council Contingency Fund. Steve Fischer of LandCor asked for a update on the possibility of a Municipal Liquor Store. Mayor Fournier explained the Council has a subcommittee looking into the feasibility of starting one. 7. Ron Wagner, City Engineer: 7.1. Consider Adopting Functional Classification Report Ron Wagner went over his report. CM Struthers motioned to adopt Roadway Functional Classification System dated March 2003. Seconded by CM Wendel. All in favor. Motion carried. 7.2. Consider Pay Estimate No. 5 for City of Otsego Project 02-01 Page Avenue (79h Street to 85"' Street). CM Scharber motioned to approve the payment of $4,215.06 to Hardrives. Seconded by CM Wendel. All in favor. Motion carried. 7.3. Discussion regarding 85`h Street and Page Avenue Projects. A. Letter to Wright -Hennepin. Ron Wagner went over and asked the Council for direction. CM Struthers motioned for the City's Ordinance to be followed in placement of utilities. Seconded by CM Scharber. All in favor. Motion carried. B. Bid projects separately or combined Ron Wagner's recommendation was to bid the 85h Street and Page Avenue as one project and the City Council agreed. City Council Meeting of March 10, 2003. Page 4. 7.4. Discussion of 2003 State Aid. A. Revocation and Designation of State Aid Routes (2 options). B. Resolutions. CM Struthers motioned to adopt Option No. 1 and Resolutions 2003-24, 2003-25, 2003-26, 2003-27, 2003-28 and 2003-29. Seconded by CM Wendel. All in favor. Motion carried. C. 5 -Year Plan for State Aid Funds. Ron Wagner went over his memo. The Council directed Staff to put the proposed Quaday Avenue Improvement on the April 14, 2003 Council Agenda for consideration of directing the City Engineer to request ISTEA money for the Improvement and to prepare a Feasibility Report. 7.5. Discussion of Location of Lift Station E3. This Item was removed to be discussed at the March 11, 2003 City Council Workshop. 7.6. Any other Engineering Business. A. Bonestroo Letter regarding NPDES Phase II. Ron Wagner explained Otsego is not on the list at this time. B. CSAH 39 safety issue. Ron explained the County Engineer stated bypass lanes are not put in for every residential home. The County Engineer felt it is a safe enough area on CSAH 39 west of the 42/39 signal lights. CM Scharber suggested to ask Wright County to install signs stating it is illegal to pass on the shoulder. 8. Andrew MacArthur, Citv Attornev: 8.1. Proposed Dog Ordinance Amendments. Andy MacArthur went over the proposed ordinance. He will make some revisions, review it with the County Attorney, and then bring it back to Council. Mayor Fournier motioned at 10:15 p.m. to continue this meeting until after tomorrow night's City Council Workshop at 4:30 p.m. Seconded by CM Struthers. All in favor. Motion carried. Mayor Fournier re -called the City Council meeting to order at 5:55 p.m., Tuesday March 11, 2003. 9. Council Items: A. East and West Sewer Plant Update. Ron Wagner reviewed the reasons why the lift station location was changed for the west Otsego sewer district. B. Burning Permit Letter CM Wendel expressed concern about proposed new DNR restrictions on burning permits. Council directed Mike Robertson to write a letter to the DNR expressing their concerns. City Council Meeting of March 10, 2003. Page 5. C. Claims List CM Heidner moved to approve the Claims List. Seconded by CM Struthers. Motion Carried. D. Nuisance Enforcement Council directed Robertson to have the City Attorney provide an update on Nuisance enforcement at the next Council meeting. E. Park Site Inspection Robertson was directed to contact Damon Farber to set up an inspection of possible park sites with the subcommittee. F. Police Subcommittee Council was in consensus that the Police Subcommittee could interview the 19 applicants and select 10 semi-finalists to be interviewed by the Council. 9.1. Mike Robertson, City Administrator: A. Consider Resolution Stating Intent to Bond for the West Otsego Sewer & Water System. Robertson described the restrictions on bonding proposed in some legislative bills. CM Heidner moved to approve Resolution 03-22, A Resolution stating the City of Otsego's Intent to Bond in 2003. Seconded by CM Struthers. Motion Carried. B. Consider Resolution Updating City Fees. Robertson explained the reason for updating certain fees. Council requested that in the future all City fees such as Dog Licenses, Liquor Fees, and Sewer and Water Usage Fees be added to this resolution. CM Struthers moved to approve Resolution 03-23 A Resolution Setting City Fees. Seconded by CM Scharber. Motion Carried. C. Update on Peavey House. Robertson was directed to check out the lease on the old Town Hall/School House, with the thought that it was more historic than the Peavey House and that it could become the office for the Historic Preservation Commission. Robertson was directed to put the Peavey House up for rent. 9.2. Judy Hudson, Cit Cork. A. Set Clean Up Day Fees. This was continued until the next Council meeting. 10. Adjourn by 10 PM. Mayor F9prnier mov to adjourn at 6:55 p.m. Seconded by CM Struthers. Multio arried. ayorry Fournier Attes . u y son, City Clerk/Zoning Adm.