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03-13-00 CCCITY OF OTSEGO WRIGHT COUNTY, MINNESOTA CITY COUNCIL MEETING 6:30 PM COUNCIL CHAMBERS OTSEGO CITY HALL MARCH 13, 2000 1. Mayor Lary; Fournier will call meeting to order: Mayor Fournier called the meeting to order at 6:35 PM. a. Roll Call- Mayor Larry Fournier; Councilmembers: Virginia Wendel, Suzanne Ackerman, Vern Heidner, Mark Berning. Staff: Mike Robertson, City Administrator; Elaine Beatty, City Clerk/Zoning Administrator; Judy Hudson, Deputy Clerk; Andrew MacArthur, City Attorney; Dan Licht, City Planer; Larry Koshak, City Engineer. b. Pledge of Allegiance Mayor Fournier led in the Pledge of Allegiance. 2. Consider agenda approval. (Deletions or ad itionsl CM Heidner requested to add Item 6.5. Discussion of the triangle area near Albertville. CM Berning requested to add under Item 9.C. Park Commission decision. Mike Robertson asked to move Item 7.3. after Item 6.2. since the applicant has another commitment to attend. Mike also asked to add under Item 9.2.B. Consideration of purchasing a water softener for the Peavey House. CM Heidner motioned to adopt the City Council Agenda as amended. Seconded by CM Ackerman. All in favor. Motion carried. 3. Consider Mitmtese a. FebruarZ� 28,_2000 - Regular Council Meeting Minutes CM Berning motioned adoption as presented. Seconded by CM Wendel. All in favor. Motion carried. 4. Open Forum: (5 minute limit) 4.1. Any Open Forum Doug Lindenfelser requested to comment on the Mississippi Pines Plat. Mayor Fournier said he could under Item 6.2. 4_A_ Special Presentations There were none. 5. CONSENT AGENDA (Non -Controversial Ttemcl There were no Consent Agenda Items. City Council Meeting of March 13, 2000, cont'd. Page 2. The City Planner, Dan Licht, presented the Planners Report. Mike Gair, Planning Consultant, and John Jankels, Project Manager, were present. Mr. Gair gave a brief description of the project as shown in the attached exhibit. Doug Lindenfelser stated his concern that the seven lots located on the south side of plat should be moved because of the close proximity to his property. He likes the plat and doesn't want them to lose any lots but would like to relocate them. CM Ackerman left during Council discussion at 7:45 PM CM Heidner motioned to remove condition 3. C. (The preliminary plat is revised to provide Lot 72 access to the internal street). Seconded by CM Wendel. All in favor. Motion carried. (CM Ackerman arrived back in time for the motion). CM Berning motioned to add under Condition 3.H.a. to state 5 acres in Outlot G and change Condition 3.H.b. for the balance of acreage in Outlot G, the applicant can make up this difference in cash for Park and Trail Fees subject to review and comment prior to Final Plat by the Parks Commission and to add Condition 3.H.c. Dedicate easement to the city along Kadler Avenue for future trail. Seconded by CM Heidner. All in favor. Motion carried. CM Berning motioned to add Condition 3.0 Require a two inch overlay on Kadler Avenue from the point where Chris Bulow's overlay ends to the northern property edge of Mississippi Pines plus a one year construction increase. Seconded by CM Ackerman. Voting For the Motion: Mayor Fournier, CM Berning, CM Wendel, CM Ackerman. Opposed: CM Heidner because he feels this would be a substantially larger area than what Chris Bulow is required to overlay. CM Ackerman motioned for Lots 7, 6, 5 and 4 be relocated on the plat. Seconded by Mayor Fournier. All in favor. Motion carried. CM Heidner motioned to approve the amendment to the Comprehensive Plan and Zoning Ordinance Section 20-77-6 as outlined by Option B of the City Planner's memorandum dated February 24, 2000 based upon consistency with the policies outlined in the Findings of Fact. Seconded by CM Ackerman. All in favor. Motion carried. CM Heidner motioned to approve an Ordinance amendment rezoning the subject site from A-1 District to R -C District based upon a finding that such amendment is City Council Meeting of March 13, 2000 cont'd. Page. 3. consistent with the Comprehensive Plan. Seconded by CM Ackerman. All in favor. Motion carried. CM Heidner motioned to approve a PUD -CUP to allow cluster development within the Wild and Scenic Overlay District and design flexibility and the Preliminary Plat of Mississippi Pines, subject to the conditions listed in the Findings of Fact and including the changes made by previous motions. Seconded by Mayor Fournier. All in favor. Motion carried. CM Heidner motioned to vacate approximately 365 feet of Jambor Avenue based upon a finding that the right-of-way easement no longer serves a public purpose. Seconded by CM Wendel. All in favor. Motion carried. CM Ackerman left the meeting at this point 8:35 PM. 6.3. Consider Application from Owner Philip H,Swigg um_ 8500 Parrish Ave NE_ and Applicant TMH Dev., 3200 Main St. Coon Rapids, MN (Mike Day) for PID #118- 500-2241 and #118-500-233201 in Sec. 22, Twp 121. R23. Property is located at 8500 Parrish Ave NE (E of Co. Rd. #42, S. of Co. Rd. #39 & SW of State Hwy. #101). Requested the following: A. Rezone currently Zoned A-1 (General Agricultural) to BW (Business Warehouse District) B. Site and Building Plan Review Mayor Fournier motioned to table this item until the next City Council Meeting. Seconded by CM Berning. Voting For the Motion: Mayor Fournier, CM Berning, CM Wendel. Voting Against the Motion: CM Heidner. Motion carried three (3) to one (1). 7.3. John Jankels, AJE Companies, 10738 Hanson Blvd. NW, Coon Rapids, MN. 55433. Prnnerty is lnratM Cnnth of tha Otcaan Wntar Tnwar Cita RPrniPctPH the fnllnwina- Larry Koshak stated the new owner is North Pine Aggregate. Mr. Koshak went over his Engineering Report. Mr. Jankels stated he is working with Mr. Koshak and went over the 6 conditions of the report. He will write a letter further addressing all comments. CM Heidner questioned Ordinance 94.4 requirement for fencing. Mr. Koshak said he is asking for waiver of this requirement since the berming currently there isolates the mining City Council Meeting of March 13, 2000, cont'd. Page 4. CM Berning motioned to allow the Conditional Use Permit to allow Mining Permit #7 to applicant AJE Companies and owner North Pine Aggregate. Seconded by CM Heidner. All in favor. Motion carried. Dan Licht presented the Planner's Report. Mayor Fournier motioned to approve the Conditional Use Permit to allow relocation of an existing single family structure to 14210 NE 82nd Street subject to the five conditions listed in the Findings of Fact. Seconded by CM Heidner. All in favor . Motion carried. 6.5.a. Otsego "Triangle" land located near Albertville. CM Heidner requested a joint workshop meeting with the Planning Commission, Attorney, Planner and Engineer to discuss the future of this "Triangle". Mayor Fournier set April 3, at 7 PM for the workshop meeting, and, if necessary, to continue the workshop after the Planning Commission Meeting. 7. LarryKoshak, C'ityEngmeer: 7.1. Consider Water Tower Change Order Larry Koshak went over the Change Order. After discussion the City Council made the following motion: CM Berning motioned to approve the Change Order #2 to Project 98.03, Water Tower and Tank. Seconded by Mayor Fournier. All in favor. Motion carried. Mayor Fournier motioned to approve Pay Estimate #6 for $13,797.10 to Maguire Iron. Seconded by CM Berning. All in favor. Motion carried. 7.2. Discussion of groundwater monitoring results Larry Koshak went over the report. The Report indicates that the well in the Otsego County Park shows a increase in the nitrate and nitrite level. Mike Robertson will write an article informing the residents in the Otsego View. 7.4. Any Other Engineering Business CM Heidner asked if Jerry Olson could check out Sorenson Ridge and determine if one the residents is blocking stormwater drainage. City Council Meeting of March 13, 2000, cont'd. Page 5. R. Andrew MacArthur. City Attorney: 8.1. See Closed Meeting below CM Heidner motioned to close the Council Meeting for the purpose of Attorney/Client Privilege. Seconded by Mayor Fournier. All in favor. Motion carried. Meeting closed at 9:30 PM CM Heidner motioned to reopen the Council Meeting. Mayor Fournier seconded. All in favor. Motion carried. City Council Meeting reopened at 10:05 PM. There were no other legal items. 9. Council Items: A. Consider Unlimited Electric, Inc. Bid (See attached) The Council did not act on the bid from Unlimited Electric and requested Mike to ask Wright -Hennepin for a bid. B. Re-Annointment of Steve Ackerman to EDAAC. CM Berning motioned to table this item until the next City Council Meeting. Seconded by CM Heidner. Voting for the Motion: CM Heidner, CM Berning, CM Wendel. Voting Against the Motion: Mayor Fournier. Motion carried three (3) to one (1). C. Any Other Council Business n 1. Parks Commission CM Berning reported there will be more t -ball held this summer at Prairie Park than last year. The Council approved $1,200 for Terrific Tuesdays that will be held at Prairie Park. This additional amount of $200 will be taken from other event funding. 9.2. Mike Robertson, City Administrator - update* A. Consider fix -up costs for Head Start at Otseg_o's Old Town Hall CM Benning motioned to approve the fix -up work needed at the Old City Hall for Head Start. Seconded by Mayor Fournier. All in favor. Motion carried. B. Water softener for the Peavey House estimated between $600 and $900. CM Berning motioned to approve. Seconded by Mayor Fournier. Both CM Berning and Mayor Fournier withdrew their motion and second. CM Heidner motioned to lease a water softener and costs are to be added to the rent. Seconded by Mayor Fournier. All in favor. Motion carried. B. Any Other Administrative Business Mike Robertson recommended to the council that Dan Licht attend the next Heritage Commission Meeting to discuss their request for information on establishing a historic site or district. The Council agreed to this and the cost of his attendance is to be taken out of the Heritage Commission Budget. Elaine had no items. City Council Meeting of March 13, 2000, cont'd. Page 6. 9.4. Judy Hudson, Dewy Clerk - update Judy had no items. 9.5. Consider Claims List for approval, oval. Mayor Fournier motioned to adopt the Claims List as presented. Seconded by CM Heidner. All in favor. Motion carried. CM Berning announced that as of July 1, 2000 he will no longer be able to serve on the City Council since he will be moving out of Otsego. 9.6. Adjourn by 10 PM. CM Heidner motioned to adjourn. Seconded by CM Wendel. All in favor. Motion carried. City Couyq Meeting adjourned at 10:30 PM. Fournier Elaiue Beatty, City Clerk/Zdning Adr Recorded by: Judy Hudson, Deputy Clerk - City Seal