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07-24-00 CCCITY OF OTSEGO COUNCIL MEETING JULY 24, 2000 - 6:30PM MINUTES 1. Mayor Larry Fournier will call meeting to order: Mayor Fournier called the meeting to order at 6:30PN4. a. Roll Call: Council: XIayor Larry Fournier, CM Virginia Wendel, CM Vern Heidner, CM Suzanne Ackerman and CNI Richard Nichols Staff Michael Robertson, City Administrator, Elaine Beatty, City Clerk,Zoning Administrator, Larry Koshak, City Engineer, Ron Wagner, Assistant Engineer, Dan Licht, City Planner and Andy MacArthur, City Attorney. Judy Hudson, Deputy Clerk was absent. b. Pledge of allegiance Mayor Fournier led in the Pledge. 2. Consider agenda approval. (Deletions or additions) Mike Robertson - Add 9.1.B. Consider setting joint meeting date with Albertville City Council. Mayor Fournier - Add 7.4. Halls Pond update Add 9.B.3. Discussion of woodchip pile Motion by CM Heidner and seconded by CM Ackerman to adopt the agenda as amended. Motion carried unanimously. 3. Consider Minutes: a. July 10. 2000 - Regular CouncilIeetin� 1linutes Mayor Fournier noted one change to paragraph C, Mr. Nichols had served on the P. C. as Vice Chair for the current year 2000. Motion by CM Heidner and seconded by CM Wendel to adopt the Council Minutes of .July 10, 2000 as amended. Motion carried unanimously. 4. Open Forum: (5 minute limit) 4.1. Any Open Forum Jeff Bartheld, Park and Recreation Commission - He discussed a new applicant for P&R Jean Dahmer, who could not attend this meeting. He is trying to fill in membership to be able to obtain a quorum. Mayor Fournier requested that Jean Dahmer be interviewed by the Council at 6:15PM August 14, 2000 before the regular Council Meeting. He welcomed N/Ir. Bartheld back as Chair of Park and Recreation Commission. .Mr. Bartheld also requested the following purchases for P&R be approved: 1. $432.00 - Halloween supplies purchased from Rhonda Williams sale. 2. $ 50.00 - Supplies that Jeff Bartheld purchased. 3. $150.00 - Lights and speakers purchased from Elk River Bowl. CITY OF OTSEGO COUNCIL MEETING MINUTES OF JULY 24, 2000 - PAGE 2 - CSI Wendel questioned why he did not obtain a Purchase Order. Mr. Bartheld replied that these were good deals and they had to act quickly for the P&R. He also noted that the School Knoll Park is a nice aera for a park. The P&R prefers the concept plan with a parking lot. It will be built from Park dedication funds. He noted that the North side of the playgound equipment has more than enough space for the new park shelter in Prairie Park and has been staked out. They are looking at construction beginning in September. v1r. Bartheld feels that the P&R will handle the Halloween festivities by themselves without Community Recreations help this year. He will let CM Wendel know by the next meeting if they need any Community Recreation help. 4.A. Special Presentation: Ken Nathe - 101 Market discussion of signn violation (see attached letter) Mr. Nathe appeared before the Council and requested to have his sweet corn sign stay up. He discussed other violations of the sign ordinance in the City. His sales are down 10 to 20 percent each day without the sign. He questioned if he could obtain a special permit as it is a short sweetcorn season. Mayor Fournier said that Mr. Nathe was asked at the time of his application if he meed with the conditions and he said yes. Staff sent the letter because of a complaint received. Mr. Licht explained the sign regulations and the interim use permit standards and that Mr. Nathe could request a change to the sign ordinance allowing off -premise signs: He also noted that the Staff is pursuing other Hwy. x#101 violation issues. Mr. Nathe did not feel it was fair to send a letter with only one complaint as this sign has been out for 30 years and it is a temporary sign. CM Wendel felt the sweet corn sign should be allowed. Mayor Fournier noted that Mr. Licht has outlined a remedy to this problem. Mr. '_Nichols - Questioned the process for illegal signs and�Ir. Licht and , In Robertson explained. Mr. Licht - We could have Staff prioritize complaints and address in the order received. More discussion if the P.C. should review the sign ordinance. Mr. MacArthur noted we are trying to enforce the ordinance step by step. The sign was put up even though the Nathe's knew it was illegal said C-,\-1 Heidner. Council asked this to be added to the next P. C. Agenda. 5. CONSENT AGENDA (Non -Controversial Items) (No items) 6. Dan Licht, City Planner: 6.1. Consider Final Plat for Mississippi Pines, AJE Companies. Inca SwensoniUartel property Dan Licht noted that this item has been withdrawn from this agenda. 6 Consider Onin Thompson Homes./Tom Koerwitz A Reouest for Rezoning from A-1 (Aoicultural) to R-4 (Residential) B Preliminary Plat Approval of Riverpointe Subdivision (This was removed from the Slav 8. 2000 agenda by applicants for revision of the plat) CITY OF OTSEGO COUNCIL MEETING MINUTES OF JULY 24, 2000 - PAGE 3 - Dan Licht reviewed the Planning Report of July 18, 2000. He also noted that the first planning report was dated April 26, 2000. The City of Otsego needs to be certain that adequate sewer and water is available. Street A is the only access point now onto CSAH36. Street H exceeds the 500' limit for a cul-de-sac, but is acceptable because of wetlands, etc. Outlot F is a concern. The tree preservation plan is satisfactory. Street G should have cul-de-sac. The Planning Commission has voted 4 to 2 against rezoning the property, due to concerns about service pro -visions. The staff recommends approval with conditions. Mayor Fournier noted that the reason he feels we should table this item is that they just received the Engineers report tonight. There should be a second access to CSAH36. Water provision is an issue. On the NW corner of the plat future access is the primary issue. Lee Johnson, Orrin Thompson Homes - We went through the concept re -View and the application was approved for residential use. The areas of concern he felt they can address. We don't feel it is a premature development. It is a infill project, adjacent to single family housing, adjacent to sewer, County Road #36 and State Highway #101. We have a willing seller and are three and one half miles from the school, new park and adjacent new development. There are no school new bus routes needed to serve this subdivision. The same applies to fire, police and snowplowing. It is an upscale neighborhood with four year phasing of 142 lots. The Engineers issues they feel are solvable in the final plat stage. Two issues to address. The subdivision generates 1373 trips per day, which is 1/3 of the internal road capacity. The chances of a semi turning over and blocking all three entrance lanes is very remote. They can purchase an additional access from the adjacent landowner, but did not feel that is necessary. If the Council feels it is necessary, they are willing to purchase it. Blocks 7 and 8 are in the last phase of the development. The retaining wall is on private property. The homeowner will own it, not the City. They have a 9% road grade which exceeds City regulations, but they wanted to save the wooded slope so they did not design a road through it. They proposed that lots #45 and 53 be removed or given concept approval instead of preliminary plat approval. They can study this for three years and come up with a plan that is acceptable to the Engineer and Planner. This is a difficult area, but will have nice residential lots He recommended that these two items be added to the conditions. Mayor Fournier questioned if the NW corner could be used for a park? Mr. Johnson said yes, but it has a steep slope. CM Heidner agreed with removing Lots 1 and 2 and 45 and 53 for now. Mr. Licht's only concern is the maintenance of that area. CM Hcidner said if there is no road into it, then no maintenance needs to be done. Engineer Koshak noted that in the NW area of the plat he has a problem with dropping this until a future time. He feels a decision should be made now. If it requires more detailed study, it should be part of the preliminary plat. CT\1 Heidner noted concern with the 99% grade and snowplowing it. Mr. Licht felt we can plat it as an outlot and not rezone now and when the problems are worked out, we can look into it. CITY OF OTSEGO COUNCIL MEETING MINUTES OF JULY 24, 2000 - PAGE 4 - Mayor Fournier felt we need an emergency exit. Richard Nichols agreed, because we don't know we need a second exit and a cul-de-sac on street I. CM Wendel felt a future collector street easement could be purchased and paved at the developers expense. i%,Ir. Johnson said they have talked to the people hNing on the SE corner exception to the plat and they are not willing to sell. Mayor Fournier felt there was some benefit for the developer to work on these issues and come back to the Council. Mr. Johnson said they can study this further. Mayor Fournier motioned to table this to the Council fleeting of August 8, 2000 at 6:30PM. (Mayor Fournier withdrew his motion.) CSI Heidner has a problem with a full 66' easement for the road and it should not be paved. Engineer Koshak felt it should be paved because of maintenance issues. Mayor Fournier motioned to table Orrin Thompson Homes/Tom Koerwitz application consideration until August 8, 2000 at 6:30P.M to address the Northwest area of the development, the second access issue and the water issue. CM Ackerman seconded the motion. Motion carried unanimously. 6_3. Any Other Planning Business A. Consider appointing a replacement P.C. for Richard Nichols It was a consensus of the City Council that Richard Nichols is on a 6 month leave of absence from the Planning Commission and there are currently enough Planning Commission Members and two alternates to run the Commission efficiently. 7. Larry Koshak, City Engineer: 2.1. Consider receiving an adopting Feasibility Report for 881h St. & Ouadav Ave. Improvements. The City Engineer gave an overview of his report. Mayor Fournier questioned if it is any benefit to extend the road to the end of the property by the North end of the Kolles farm. The Engineer said it is some benefit to be prepared and ready to develop the property. Consensus of the Council is to leave all the options in for the hearing. Attorney MacArthur would like all the owners to waive their assessments as part of the improvement. Administrator Robertson noted you can fill and build in the floodplain, so the Church land does have a future use. The Commerciatlndustrial areas we have not established a policy re: the timing and cost of sewer/water hookup. CM Heidner felt we should look at our policy for CommerciatIndustrial properties. Engineer Koshak asked the Council how thev wish to address the Commercial property for sewer and water? Mayor Fournier felt they should present the four scenarios at the hearing and then make a decision. Engineer Koshak brought up stormwater drainage and said the estimate is $4100 an acre. It can be financed through the stormwater impact fee. 5217,000. is the total estimated project cost. Mike Robertson - We would request easement for stormwater ditch as part of the sewer and water requirement and that should be included in every option. 7 Consider setting, a public hearing, date for the above proposed project. CITY OF OTSEGO COUNCIL MEETING MINUTES OF JULY 24, 2000 - PAGE 5 - CM Heidner Motioned to approve the Resolution to hold the 88TH ST Public Improvement Hearing on Tuesday August 22, 2000 at 5PM and approved Receiving and Adopting Feasibility Report for 88TH Street & Quaday Ave. Improvements - Water, Sanitary sewer, Storm Sewer and Street dated July 2000. CIM Ackerman seconded the motion. 'Motion carried unanimously. 7.3. Consider approval of Change Order #2 to Quaday Ave., 78th St. & Page Ave. Sanitary Sewer Watermain and St. Project, COP 99.02. Motion by CM Heidner and seconded by CSI Ackerman to approve change order No. 2 to Quaday Ave., 78th Street & Page Ave. Sanitary Sewer, Watermain and Street Project. COP 99.02 to extend the contract time to September 15, 2000 to install the final lits of asphalt. Motion Carried unanimously. 7.4. Any Other Engineering Business A. Halls Pond Update. Engineer Koshak noted that regarding Halls Pond, he has viewed the pond and it has not filled in significantly. It does have a lot of vegetative growth because of the lack of water in the pond. He indicated the pond was designed per the DNVR established drainage elevation and that the City has no records on the capacity of the pond. He reiterated that upstream storm sewer improvements have significantly reduced flooding potential in the Hall's Pond area. Ron Wagner updated the Odean Avenue Project. By August 15th it will possibly be open. 8. Andrew MacArthur, City Attorney: The Liquor License Hearings were conducted before the Engineering items. 8.1. Off -Sale Liquor License: Hearing for Riverview Liquorette of Elk River, Inc. (Reeler, Inc.* Patricia Marie Ringjer). *Will be new owner of existing store. Hearing was opened by Mayor Fournier. Elaine Beatty noted that the proper notice had been given and postings completed. Attorney MacArthur explained the issue. There was no public comment. Hearing was closed by Mayor Fournier. NtIotion by CM Wendel to approve the Off Sale liquor license for Riverview Liquorette of Elk River, Inc. for Regler, Inc.- Patricia Marie Ringler, New Owners. Mayor Fournier seconded the motion. Motion carried unanimously. 8.2. On -Sale 3.2 Non -Intoxicating 1lalt Liquor License: Hearing for Stonebridee Golf Course.( Richard Kincanon) This is a new license. Attorney MacArthur noted that he has reviewed this application and the paperwork is in order. Elaine Beam• noted that the publishing and posting have been completed. CITY OF OTSEGO COUNCIL MEETING MIlVUTES OF JULY 24, 2000 - PAGE 6 - Mayor Fournier opened the Hearing. No one else spoke. Hearing was closed by Mayor Fournier. CM Nichols Motioned to approve the On -Sale 3.2 Non -Intoxicating Malt Liquor License for Stonebridge Golf Course, (Richard Kincanon) with the condition that this license be issued only after the new building is completed and received the C/0. CM Ackerman seconded the motion. Motion carried unanimously. 8.3. Discussion of City Franchise Attorney MacArthur explained the information he provided in the packets. He told US Link to obtain a permit under the right of way ordinance. He also noted that Cable TV is not covered under the telecommunications act and that they have an existing franchise with the City of Otsego. 8.4. Consider Peoples Service Contract Addendum CM Heidner motioned and CM Nichols seconded the motion to approve the Peoples Service Contract Addendum to move the effective date to October 1, 2000. Motion carried unanimously. 8.5. Consider Waiver of Monetary Limits on Liability Coverage Mike Robertson explained this item and it was continued to the 14th of August Council Agenda. 8.6. Any Other Legal Business Re: Easement negotiations, Attorney MacArthur informed the Council about the negotiations. 9. Council Items: A. Consider letter re: Donation for Initiative Foundation dated July 11, 2000 CM Heidner motioned and C�1 Wendel seconded the motion to not participate in a donation to the Initiative Foundation. Motion carried unanimously. B. Any Other Council Business: 1 Consider Chance in Ordinance License Fee on Amusement Xlachines. (See attached information). CM Wendel motioned to set the License Fee on Amusement Machines at S15.00 per machine and $15.00 per location to comply with the State Statutes. CM Ackerman seconded the motion. Motion carried unanimously. 2. Update on River Rider by CM Wendel CM Wendel updated the Council on ridership. Council asked her to bring back more information Re: Each community having their own bus(es). 3. Discussion of Prairie Park Woodchip Pile Mike Robertson explained to the Council about the wood chip fire at the Otsego Prairie Park. The chips will have to be dumped at a cost of $5,000.00 to S10,000-00. CITY OF OTSEGO COUNCIL MEETING MINUTES OF JULY" 24, 2000 - PAGE 7 - He also recommended the City buy a gate to install at the entrance of the road by Nashua Avenue NE. Council consensus was in agreement with this. 9.1. Mike Robertson, City Administrator - update: A. Set a date for Budget Workshoa Mavor Fournier motioned and C1I Wendel seconded the motion to set an Otsego Budget Workshop date of Monday, August 7, 2000 at 6PM. Motion carried unanimously. B. Any Cily Administrator Business 1. Set Albertville/Otsego Joint R4eetingDate Tentative Meeting date was set for Wednesday, August 23, 2000 at 7PM - At Otsego City Hall. Mike Robertson also infomed the Council about the EDAAC doing a survey and about the EDAAC MarketingMeeting scheduled for Wednesday, September 20, 2000 at 7PM. Mike Robertson said he will not be present for this meeting. The Council directed him to change the date so he could attend. 9.2. Elaine Beatty, City Clerk - update No items 9.3. Judv Hudson, Deputy Clerk - update No items Council Member Ackerman left the meeting at 10:30PM. 9.4. Consider Claims List for approval. CM Wendel motioned to accept the claims list plus the three checks for Parks and Recreation. CM Heidner seconded the motion. Motion carried unanimously. The Council agreed that CM Nichols will assume the Council position on the Park- Board arkBoard and Public Works Sub -Committee formerly held by CM Berning. Nuke Robertson will write a memo Re: same. 9.5. Adjourn by 10 PM. CM Wendel Motioned and Mayor Fournier seconded the motion to adjourn. Motion carried Unanimously. fleeting adjourned at 10:40PM. CITY OF OTSEGO: VR ATTEST: ELAINE BEATT CITY CLERK/ZONING : .fNiTRATOR EB He: ccM72400.WPs " r