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10-25-99 CCCITY OF OTSEGO WRIGHT COUNTY, MINNESOTA CITY COUNCIL MEETING 6:30 PM COUNCIL CHAMBERS OTSEGO CITY HALL OCTOBER 25, 1999 1. Mayor Larry Fournier will call meeting to order: Mayor Fournier called the City Council Meeting to order at 6:35 PM. a. Pledge of f llegiance Mayor Fournier led in the Pledge of Allegiance. b. Roll Call. Mayor Larry Fournier; Councilmembers: Virginia Wendel, Suzanne Ackerman, Vern Heidner and Mark Berning. Staff. Mike Robertson, City Administrator; Judy Hudson, Deputy Clerk; Andrew MacArthur, City Attorney; Dan Licht, City Planner; Larry Koshak, City Engineer and Ron Wagner, Assistant City Engineer. Absent: Elaine Beatty, City Clerk/Zoning Administrator. 1A. Hearing for Overlay Road Improvement Project. Mayor Fournier opened the Public Hearing at 6:37 PM. Andrew MacArthur explained the Public Hearing held tonight is not an Assessment Hearing, which is scheduled for November 9, 1999, but an Improvement Hearing as required under State Statute 429. This evening's Public Hearing is for the residents who were inadvertently missed for the previously held Improvement Hearing. Larry Koshak explained the reason for the 1999 Bituminous Overlay Project. Ron Wagner explained the locations, costs and the basic design of the project. Mayor Fournier explained the City will pay approximately 60% of the project and the residents pay the remaining 40% of project costs. Mayor Fournier opened the Public Hearing for Public Comment. Mary Colleen, 14423 81st Street. Mrs. Colleen stated they just moved to Otsego on July 6, 1999. They hadn't been informed of this assessment and she asked if they are responsible for the assessment. Mr. MacArthur replied they are responsible since the assessment goes with the property. He also explained that this is an Improvement Hearing and the Assessment Hearing will be held on November 9, 1999 at 7:30 PM. At that time, they should raise this issue. Hearing no other comments, CM Heidner motioned to close the Public Hearing. Seconded by CM Ackerman. All in favor. Motion carried. Public Hearing closed at 6:52 PM. 2. Consider agenda approval - CM Wendel requested to add under Item 9, Reports from Community Rec. and Otsego Creek Walk. Mike Robertson requested to add under Item 9. Update on HRUA Permit to application. City Council Meeting of October 25, 1999, cont'd. Page 2. CM Wendel motioned to accept the Agenda as amended. Seconded by CM Ackerman. All in favor. Motion carried. 3. Consider Minutes: a. October 11. 1999 Regular Council Meeting Minutes Mike Robertson noted a correction on Page 4 under the 101 Business Update which should read as Precision Motorsports instead of Elk River Collision. CM Wendel motioned to approve the October 11, 1999 City Council Minutes as amended. Seconded by CM Ackerman. Voting For the Motion: CM Ackerman, CM Heidner, CM Wendel Abstained: Mayor Fournier and CM Berning since they were not in attendance. Motion carried. 4. Open Forum: 4.1. Any Open Forum. Gary Lefebvre, Parrish Avenue, distributed the attached letter requesting a special hunting season on Richard Lefebvre's land, which is located in the "No Discharge Zone". His reason is because of the great abundance of geese landing there creating a nuisance. Mr. MacArthur said a statement from the a DNR Officer is needed and a map of the area where he wants to hunt and the City Council needs to approve a Resolution. Jerry Olson, Building Official, stated that Richard Kincanon has requested to put up a 30 x 40 maintenance storage shed on his Golf Course. Dan Licht reviewed what would be allowed. CM Wendel motioned to approve the maintenance building with the proper permit for construction. Seconded by Mayor Fournier. All in favor. Motion carried. Discussion: The Council wants the same conditions apply to this maintenance building as the one approved for Grenins Mississippi Hills. Arne Baker, 13490 95th Street. He stated he is trying to develop his 5 acre parcel into 5 one acre parcels. He went over his history of working with City Staff for his request. Dan Licht went over the letter dated October 13, 1999 written by Elaine Beatty and addressed to Arne and Carole Baker. Mr. MacArthur explained that the City Ordinance was amended eliminating any rights to develop the old Townsite lots where the Baker's property is located. Mike Robertson stated that staff also explained to the Bakers at the Staff Meeting that just because staff would recommend to the Council not to approve their development request does not take away their right to proceed with an application. Carole Baker stated that she feels they have been misled by Staff that their land couldn't be developed. Mayor Fournier said their options are outlined in the letter and asked staff to place this issue on the next City Council Agenda. City Council Meeting of October 25, 1999, cont'd. Page 3. 4.A. Special Presentations Ron Black. Chair HPC - Discussion of old historic City Hall. Ron Black, Chair of the Heritage Preservation Commission, told the Council that he along with volunteers would like to dismantle the Old Historic Town Hall and store it in the shed next to City Hall on an interim basis until a permanent site can be located and they can acquire funds. After discussing this with the Council, it was the consensus of the Council not to have the volunteers tear this building down and store it in the shed. 5_ Consent Agenda. No items. 6_ Dan Licht, City Planner: 6.1. Consider Concent Plan for Orrin Thompson Homes 8421 Wayzata Blvd. Ste 300 Golden Valley, MN 55426 for owner Thomas Koerwitz. PID 118-802-012400 approximately 75.20 acres located north of 53rd Street west of the Wastewater Treatment Plant, Dan Licht presented the Planner's Report. Applicant, Lee Johnson, Orrin Thompson Homes, presented the history of Orrin Thompson Homes and their request for the City to put in city water to this site and also went over their plans for this site. After Council discussion with staff and applicant, the following motion was made. CM Heidner motioned that water trunk lines and water capacity not be extended to this parcel under consideration. Seconded by CM Ackerman. All in favor. Motion carried. CM Wendel motioned to approve the Concept Plan with the six provisions written in the Planners Report. Seconded by Mayor Fournier. Voting For the Motion: CM Wendel, Mayor Fournier, CM Heidner. Voting Against the Motion: CM Ackerman, CM Berning Motion carried. three (3) to two (2). CM Berning stated he is opposed to spot development outside the main sewer district. CM Ackerman said she could support the plan if all the requested information is provided. 6.2. Consider Rud, & Margaret Thibodeau's application for PID 118-038- 001040, Block 1,Lots-3 & 4 Mississippi Shores 6th Addition at 9100 Park Avenue NE. Request is for the following; a. Site and Building Plan Review. b. Variance to allow less side yard setback than required by Cay Ordinance. C. Conditional Use Permit/Planned Unit Development Dan Licht went over the Planner's Report. Mayor Fournier said a letter was received from Dr. Gilgenbach stating concern with the stormwater drainage. Larry Koshak went over the drainage issues for Fun City and Tom Thumb as outlined in City Council Meeting of October 25, 1999, cont'd. Page 4. their attached letter dated September 17, 1999. Mr. Koshak stated the increased parking and removal of the ditch will negatively impact this area. Rudy Thibodeau, 9100 Park Avenue, applicant. Mr. Thibodeau stated the Agreement with Tom Thumb is in the hands of the appropriate attorneys. His contractor will address the drainage issues. Mike Robertson recommended a Stormwater Drainage Study done in this area including Richard Lefebvre's land and adjacent land to the south. CM Wendel motioned to approve the variance to allow a reduction in side yard setbacks requirement of the B-3, General Business District based upon the Findings of Fact listed in October 19, 1999 NAC Report. Seconded by CM Ackerman. All in favor. Motion carried. CM Wendel motioned to amend the existing PUD -CUP regulating use of land at Fun City recreation center, to allow construction of a building and establishment of a restaurant use in addition to existing commercial recreational uses. Seconded by Mayor Fournier. All in favor. Motion carried. Mr. Thibodeau requested the $50,000 in hookup fees for water and sewer be assessed against his property. Mayor Fournier motioned to table this decision until the November 8, 1999 City Council Meeting. Seconded by CM Wendel. Voting For the Motion: CM Wendel, CM Ackerman, CM Berning, Mayor Fournier Voting Against the Motion: CM Heidner. Motion carried four (4) to one (1). E.3. Timothy P. Steinbeck. Council President - Christ Lutheran Church -- expansion Site Plan Review 15849 NE 99th St., Otsego MN 55330. Architects and Builders Vanman Companies - Request is to allow the addition of a 11,200 GSF multiple-pu op se space to the existing church. Dan Licht presented the Planner's Report. Larry Koshak went over his letter of October 15, 1999 addressing the stormwater drainage, traffic and sewer and water. Mike Robertson stated the existing structure also needs to be hooked to city water and sewer. Carey Lyons, Architect and General Contractor of Vanman said he delivered the plans today and hopes to begin construction the middle of November. His concern for the Church are the hookup fees, which he hopes may be assessed. Mr. Lyons said this is a 1.2 million dollar project. CM Wendel motioned to approve the site and building plan review for an 11,200 sq. ft expansion of the existing facility, subject to the eight conditions listed in the Findings of Fact. Seconded by CM Berning. All in favor. Motion carried. None City Council Meeting of October 25, 1999, cont'd. Page 5. 7. Larry Koshak, City Engineer: 7.1. Gene Jones, Jr., Maguire Iron - update on Water Tower. Gene and Brad Jones gave updates of the painting of the water tower. The exterior will be completed by November 4, 1999. Rather than Maguire paying the penalty charges, Gene Jones offered the City an extended warranty up to five year instead of the one year warranty and will service the inside of the tank twice for free during that period. He also offered that if the City extends the warranty beyond the 5 years the premium charged for servicing the tank would be $1,300 every two years rather than $1,700. Mike Robertson requested this offer in writing for staff to review. Mayor Fournier directed staff to place this on the next City Council Agenda. 7.2. Discussion of Otsego Creek between 83rd St. & Mason Ave a. Randy & Karen Pouliot letter. Larry Koshak went over his report. Randy Pouliot, Mason Avenue, referred to his letter and stated Mr. Koshak had already addressed a lot of his issues. He feels the City should be responsible for his driveway culvert. Mayor Fournier motioned to have the contractor install the old culverts from 83rd Street under the Pouliots driveway this fall and to get cost information to the City Administrator who has the discretion to approve the project with money coming from the Capital Improvement Fund. Seconded by CM Ackerman. All in favor. Motion carried. CM Heidner stated he has concerns with doing these projects related to the Otsego Creek through general taxes rather than assessing the benefited property owners. Mayor Fournier motioned to replace the culverts under 87th Street at this time with money coming from the Capital Improvement Fund. Seconded by CM Berning. Voting For the Motion: Mayor Fournier and CM Berning Voting Against the Motion: CM Wendel, CM Ackerman, CM Heidner. Motion failed three (3) to two (2). CM Wendel motioned to table further discussion on Otsego Creek until the next City Council Meeting. Motion died for lack of a second. CM Heidner motioned to reconsider the failed motion of replacing the culvert on 87th Street. Seconded by CM Ackerman. Voting For the Motion: Mayor Fournier, CM Ackerman, CM Heidner, CM Berning. Voting Against the Motion: CM Wendel. Motion carried four (4) to one (1). City Council Meeting of October 25, 1999, cont'd. Page 6. CM Berning motioned to replace culvert under 87th street at this time with money from the 1999 and 2000 City Council Contingency Fund. Seconded by Mayor Fournier. Voting For the Motion: Mayor Fournier, CM Ackerman, CM Heidner, CM Berning. Voting Against the Motion: CM Wendel. Motion carried four (4) to one (1). 7.3. Any Rog ii Business a_ See 1 a abov 8_ Andrew MacArthur- Cly A ornv• 8.1- able TV Resolution Mr. MacArthur reviewed the Resolution. Mayor Fournier motioned to approve the Resolution 99-41 consenting to and approving the transfer of control of CATV Franchise subject to the City Clerk verifying that all payments are current. Seconded by CM Wendel. All in favor. Motion carried. 8.2. Consider Resolution providing for the J suance and sale of a,%] 1 ,480 General Obligation Equipment r ifi ate Series 1999 CM Berning motioned to approve Resolution No. 99-40 authorizing the issuance of, and awarding the sale of, a $112,480 General Obligation Equipment Certificate, Series 1999. Money is to be taken from the Capital Equipment Fund. Seconded by CM Ackerman. All in favor. Motion carried. 8.3. Any other i Pgal Business. a. Talhot house Mr. MacArthur said a letter was sent to the property owner of the Talbot house, who flew in here from Atlanta and met with Jerry Olson and a carpenter. Everything is now boarded up. 9. Council Ttemc• 9.1. Any Council Business a- Recommends ion of P uh i Works Sub -co for maintAnonnv AQ S1i QlL CM Ackerman motioned to hire Donald Moss for Public Works starting at $12 per hour. Seconded by CM Wendel. All in favor. Motion carried. b_ Any other Council Rncinace CM Wendel went over her attached reports on Community Rec. and the Otsego Creek Walk and meeting. Mike Robertson went over the October 21, 1999 letter he received from MPCA on the HRUA Permit outlining their schedule meetings. He also received a copy of a letter dated October 22, 1999 from MPCA on the Darkenwald Discharge Permit, which is up for review. Planning Commission Appointments CM Heidner motioned to appoint Steve Schuck as Planning Commission Member. Seconded by CM Berning. All in favor. Motion carried. City Council Meeting of October 25, 1999, cont'd. Page 7. CM Ackerman abstained since she did not attend the interviewing session. Mayor Fournier motioned to appoint Dave Thompson as alternate Planning Commission Member. Seconded by CM Wendel. Voting For the Motion: Mayor Fournier, CM Wendel Voting Against the Motion: CM Heidner, CM Berning Abstained: CM Ackerman. Motion tied. Mayor Fournier motioned to appoint Ken Fry as alternate Planning Commission Member. Seconded by CM Berning. All in favor. Motion carried. CM Ackerman abstained since she did not attend the interviewing session. 9.3. Elaine Beatty. City Clerk update. Elaine Beatty was not in attendance. 9.4. Judy Hudson. Deputy City Clerk update. No update. 9.5. Consider Claims List for approval. CM Wendel motioned to accept the Claims List as presented. Seconded by CM Ackerman. All in favor. Motion carried. 9.6. Adjourn hy 10 PM - CM Ackerman requested to attend a conference on November 19, 1999 the MN League of Cities is having on Policy Adoption. The Council approved her attendance. CM Wendel motioned to adjourn. Seconded by CM Ackerman. All in favor. Motion carried. Meeting adjourned at 11: 7 PM. Mayor Larry Fournier ttest: Elaine Beatty, City Clerk/Z)g(#ing Administrator Recorded by: Judy Hudson, Deputy City Seal