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06-10-02 CCCITY OF OTSEGO CITY COUNCIL MEETING JUNE 10, 2002 COUNCIL CHAMBERS OTSEGO CITY HALL 6:30 PM 1. Mayor Larry Fournier will call the meeting to order. Mayor Fournier called the meeting to order at 6:33 pm. Roll Call: Mayor Fournier, Suzanne Ackerman, Vern Heidner, Jerry Struthers and Virginia Wendel. Staff. Mike Robertson, City Administrator; Judy Hudson, City/Zoning Administrator; Karee Rowell, Secretary; Andy 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 9.C. Drug Task Force; Administrator Robertson requested to add under 7.3. regarding joint letter from three cities. Mayor Fournier requested to add under 7.3. Page Avenue Project. and under 8.4. Letter of Credit/Escrow. CM Heidner motion to adopt the agenda as amended. Seconded by CM Ackerman. All in favor. Motion carried. 3. Consider the following minutes: 3.1. May 28, 2002 City Council Meeting. CM Struthers motion to approve the minutes. Seconded by CM Wendel. All in favor. Motion carried. 4. Open Forum: (5 minute limit) None 5. Consent Agenda: (non -controversial items 5.1. Approve Claims List. 5.2. Approve Darrell and Bonnie Watkins request for: A. Conditional Use Permit to allow applicant to fill more than 50 cubic yards in the Flood Fringe Area. CM Heidner motioned to approve the Consent Agenda. Seconded by CM Wendel. All in favor. Motion carried. City Council Meeting of June 10, 2002. Page 2. 6. Dan Licht, City Planner. 6.1. Consideration of Church of Jesus Christ of Latter-day Saints request for: A. Re -zone Lot 1, Block 1, Hidden Creek Trails from A-2 Agricultural to INS, Institutional District. Dan Licht presented the ordinance amending the zoning ordinance. CM Struthers motioned to approve a Zoning Map amendment to rezone Lot 1, Block 1 of Hidden Creek Trails from an A-2 District to an INS District designation based on a finding that the request is consistent with the Comprehensive Plan. Seconded by CM Wendel. All in favor. Motion Carried. B. Site and Building Plan Review. Dan Licht presented the Planner's Report. Ron Wagner went over his Engineering Report. Ed Kodet, Architect; representing the Latter-day Saints Church stated they agreed with all conditions. CM Heidner motioned to approve site and building for development of a religious institution on Lot 1, Block 1 of Hidden Creek Trails, subject to the seven (7) conditions listed in the Findings of Fact. Seconded by CM Struthers. All in favor. Motion carried. 6.2. Consideration of LandCor Inc., request for: A. PUD Development Stage Plan to develop a bank/office building consistent with the Otsego Waterfront Development Plan. Dan Licht presented the Planner's Report. Ron Wagner went over his Engineering Report. Robert Fields, Landcor; was present and handed out an illustration of the Monument sign. Also a Monument will be placed on County Road 39 and Highway 101; and the bank sign for the bank building (Riverview Community Bank) on County Road 42 and County Road 39. The Bank building will be facing Southwest. CM Struthers motioned to approve a PUD Development Stage Plan for Lot 2, Block 1 of Waterfront Addition, subject to the nine (9) conditions listed in the Finding of Fact. Seconded by CM Heidner. All in favor. Motion carried. Note: Discussion on the Development agreement was brought up regarding park fees and after a lengthy discussion Mr. MacArthur suggested to motion the park fees be broken into each plot that is platted. CM Heidner motioned to have park fees be paid as lots are platted. Seconded by CM Struthers. All in favor. Motion carried. 6.3. Update on North Parrish Avenue. Mr. MacArthur gave the status report for NE Parrish Avenue Residents. Mayor Fournier motioned to accept the information, start the application process and proceed to have another meeting. A Public meeting is set up for June 25, 2002 at 6:30 pm. Seconded by CM Wendel. All in favor. Motion carried. City Council Meeting of June 10, 2002. Page 3. 7. Ron Wagner, City Engineer: 7.1. County Access Agreement for 91" Street. Mike Robertson reported on the proposed agreement. CM Heidner discussed the wording on last line in item 3, about the traffic signals to be done before anything can open. Ron Wagner said this will be modified and revised. Mike Robertson said he would present council's comments to the county. 7.2. Jaber Avenue ROW turn back to City. Ron Wagner presented his report. CM Heidner motioned to accept the Resolution and to be signed by Mayor Fournier. Seconded by CM Struthers. All in favor. Motion carried. 7.3. Any other Engineering eerin Items. ems. Mayor Fournier wanted to discuss the Page Avenue Project regarding Rebecca Emery and her concerns. The City will pay for a land survey and will mark where the fence is to be placed. 7.3.A. Engineering Items Continue. Mike Robertson handed out a letter to the Minnesota Department of Transportation and Wright County from Cities of Albertville, Otsego, and St. Michael. Mayor Fournier motioned to sign the letter. Seconded by CM Heidner. All in favor. Motion carried. 8. Andrew MacArthur, City Attorney 8.1. Public Hearing for vacation of Drainage and Utility Easement in Lot 5, Block 3, Pheasant Ridge 5`h Addition. Applicant is Arcon. Andy MacArthur presented his report. Mayor Fournier opened the hearing at 8:14 pm. CM Heidner asked how much it will cost. Andy MacArthur said it will be charge to the developer. Hearing no further comments, Mayor Fournier closed the hearing at 8:18 pm. CM Heidner motioned to vacate the subject. Seconded by CM Struthers. An in favor. Motion carried. 8.2. Closed Meeting for Attorney/Client privilege. CM Ackerman motioned to close the meeting at 9:57 pm. Seconded by CM Wendel. All in favor. Motion carried. Attending Mayor Larry Fournier; Councilmembers: Virginia Wendel, Suzanne Ackerman, Vern Heidner. Staff: Mike Robertson, City Administrator; Judy Hudson, City Clerk/Zoning Administrator; Karee Rowell, Secretary; and Andy MacArthur, City Attorney. Jerry Struthers was asked to leave due to the material relating to him. CM Heidner motioned to reopen the closed meeting at 9:15 pm. Seconded by CM Ackerman. All in favor. Motion carried. CM Struthers rejoined the Council meeting. City Council Meeting of June 10, 2002. Page 4. 8.3. Resolution for condemnation of 85th Street Extension. Andy MacArthur presented his report. CM Struthers motioned to accept the Resolution 2002-24 authorizing procurement of permanent easements for drainage, utility and roadway purposed for the 85th Street Extension Project. Seconded by Mayor Fournier. All in favor. Motion carried. 8.4. Any other Legal Items. Mayor Fournier asked about the escrow in the bank and why it is not collecting interest and be passed to the developer. Andy MacArthur answered that it is put in the agreement that no interest is collected. Mike Robertson noted that most developers end up paying more than the money they have escrowed. 9. Council Items: A. East and West Sewer Plant Update. Mike updated the council. B. Set Public Works Sub -committee Meeting. Meeting is set up for Tuesday, July 9, 4:00 pm. 9.1. Mike Robertson, City Administrator: A. Consider Budget Transfer Resolution. CM Heidner motioned to approve the Resolution transferring amounts from one fund to another. Seconded by CM Wendel. All in favor. Motion carried. B. EDAAC Meeting. The EDAAC was brought up. The next meeting was scheduled for July 15, 2002, 6:30 pm. 9.2. Judy Hudson, City Clerk. 10. Adjournment. CM Ackerman motion to adjourn at 9:27 pm. Seconded by Mayor Fournier. All in favor. Motion carried. Fournier Attest: dy ds n, City Clerk Recorded by: Karee Rowell