04-08-02 CCITEM 3, 1.
CITY OF OTSEGO
CITY COUNCIL MEETING
APRIL 8, 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 6:31 PM.
Roll Call: Mayor Larry Fournier; Councilmembers: Vern Heidner, Suzanne
Ackerman, Virginia Wendel and Jerry Struthers.
Staff: Mike Robertson, City Administrator; Judy Hudson, City Clerk/Zoning
Administrator; Dan Licht, City Planner; Andrew MacArthur, City Attorney and Ron
Wagner, City Engineer.
Pledge of Allegiance: Mayor Fournier led in the Pledge of Allegiance.
2. Consider agenda approval
CM Wendel requested to remove the Claims List to Item 9.E. for discussion. Mayor
Fournier requested to add under Item 9.D. Loyalty Day Proclamation and under Item 9.C.
Discussion of City Accountant Position.
CM Wendel motioned to approve the agenda as amended. Seconded by CM
Ackerman. All in favor. Motion carried.
3. Consider the following minutes:
3.1. March 25 2002 City Council Minutes.
CM Heidner asked to include "to continue on this project only" under Item 913.
Mayor Fournier motioned to approve the Minutes as amended. Seconded by CM
Heidner. All in favor. Motion carried.
4. Open Forum: (5 minute limit)
No one appeared on Open Forum.
5. Consent Agenda (Non -controversial items)
5.2. Approve Betty Benson CUP/Rezoning Preliminary & Final Plat
5.3. Approve 2002 Clean Up Day Fees
5.4. Resolution for Reestablishing Unchanged Precincts and Polling Place.
CM Heidner motioned adoption of the Consent Agenda. Seconded by CM
Ackerman. All in favor. Motion carried.
6. Dan Licht City Planner:
6.1. Cascade II and LandCor.
A. Rezoning from Agricultural A-1 to PUD District
B. PUD General Development Plan
C. Preliminary Plat
Dan Licht went over the Planner's Report. Ron Wagner went over the Engineering Items.
City Council Meeting of April 8, 2002, cont'd. Page 2.
The applicant, Bob Field, stated he is in agreement with staff's comments and will
continue to work with them. Mike Robertson stated he agreed with staff comments and
recommendation for approval. He suggested that the financing method should be
addressed separately. CM Heidner stated support for this project. He noted the
Preliminary Plat shows a potential liquor store and stated this approval does not guarantee
approval for this type of use. He also questioned the language in Item 14 in the Planner's
Report. Dan Licht replied that he and Andy MacArthur will be addressing this in the
Developer's Agreement. Mr. Fields stated he understands that no uses are locked in with
this approval.
CM Heidner motioned adoption of the PUD, Developer's Plan and Preliminary Plat
for the Otsego Waterfront West subject to the conditions listed in the Findings of
Fact with the condition that this approval does not imply acceptance of the
conceptual businesses listed. Seconded by Mayor Fournier. All in favor. Motion
carried.
Mayor Fournier suggested that this City Council Meeting be recessed to Wednesday,
April 10, 2002 at 4:30 PM to discuss with LandCor their financial request.
6.2. Dale M. and Anne Beaudry's CUP (Tabled from 03-25-02 CC Megtiagj
Dan Licht presented the Planner's Report. Andy MacArthur went over his letter of April
5, 2002. Ron Wagner stated that in the West Sewer Plant Feasibility Report he shows the
force main and a gravity main going through this 66 -foot strip of land.
The applicant Dale and Anne Beaudry stated they would prefer a maintenance agreement
and that his brother will not sell this strip of land to him.
Mayor Fournier motioned to approve the Conditional Use Permit subject to the
conditions listed in the Findings of Fact. Seconded by CM Wendel.
Discussion: Andy MacArthur explained that Lloyd Beaudry owns the 66 -foot strip
of land and Dale Beaudry and Eldon Martin have an easement. The ordinance
requires them to have frontage on a public street to build a house and this is the
reason the Conditional Use Permit is needed. The City doesn't have a Maintenance
Agreement on the 66 -foot strip of land. Dan Licht explained the need is to require
access for emergency vehicles and that the purpose of the CUP is to be consistent as
much as possible. Mayor Fournier stated there was a similar situation on the east
side of the City and the City had a difficult time then and he would have a difficult
time approving another one.
Voting For the Motion: Mayor Fournier, CM Heidner and CM Struthers.
Voting Against the Motion: CM Ackerman and CM Wendel.
Motion failed three (3) to (2). (Motion needed a four-fifths vote).
CM Wendel motioned to approve the Conditional Use Permit to allow construction
of a single family dwelling on a non -conforming parcel without direct access to a
public street and without the minimum required lot width subject to the conditions
listed in the Findings of Fact changing Condition No.1 to read "An agreement for
maintenance of the private driveway used to provide access between the subject site
and public street is executed". Leave Condition No. 2 and 3 the same and adding
City Council Meeting of April 8, 2002, cont'd. Page 3.
Condition No. 4 "At such time as the City may acquire the 66 -foot by 1,200 foot
parcel for public right-of-way, the property owner shall surrender easement rights
for use of this parcel to the City fee free."
Seconded by CM Ackerman. All in favor. Motion carried.
Council directed staff to write the maintenance agreement and to make it clear that the
City will not do the maintenance.
6.3. Darlene Solberg:
A. Conditional Use Permit to build an addition on to an existin
Single-family residence located in the 100 -Year Floodplain
Dan Licht presented the Planner's Report. Ron Wagner agreed with the Planner's Report.
The applicant, Darlene Solberg, stated this will not be a bedroom.
CM Heidner motioned to approve the Conditional Use Permit to allow expansion of
a legal non -conforming single-family dwelling located at 9912 NE Parrish Avenue
subject to the condition listed in the Findings of Fact. Seconded by CM Struthers.
All in favor. Motion carried.
6.4. Comprehensive Plan Amendment.
Dan Licht presented the Planners Report and noted receipt of additional letters of
comment. Mayor Fournier asked staff that if a project is proposed and it doesn't fit into
the current Plan how can the Plan be changed. Dan Licht explained the Policy Plan is
more of a generalized goal and requests would be evaluated through the Planning
Commission and City Council.
Mayor Fournier motioned to adopt the Resolution updating the Comprehensive
Plan related to establishment of a West Sanitary Sewer Service District in response
to continued regional growth issues. Seconded by CM Ackerman. All in favor.
Motion carried.
6.5. Any other Planning Items.
Dan Licht said the Zoning Ordinance will now need to be updated and he will be working
on this.
7. Ron Wagner, City Engineer:
7.1. Discussion of Lefebvre Creek Ditch Improvement & Compensation
Ron Wagner went over his letter regarding this issue. Mr. MacArthur stated the City is
not legally obligated to pay. Mike Robertson explained the developer met with staff and
went over his plan but the developer didn't get an application before he did the work.
The Council agreed not to pay the contractor but to let the contractor know that this work
would have probably been required to be done at a later date and a credit might be
available.
7.2. Cost for 85`h Street -MSA and General Funds
Mike Robertson explained the price of the 85`h Street Improvement would be 1.5 million
dollars and there would be enough money to fund the project. Mike said he will be
meeting with Juran and Moody to discuss bonding for the Waterfront Project and the
possibility of combining the 85`h Street Project with it. The Council agreed to do the 85`h
Street Project next year.
City Council Meeting of April 8, 2002, cont'd. Page 4.
7.3• Cost Estimates for Service Road and Finn Road
Ron Wagner went over his reports. Rudy Thibodeau said he and the other businesses in
his area want to meet with staff to explore opportunities and options for their area and
therefore, not spend any money on this service road.
The Council agreed not to spend any money improving either the Finn Road or the
Service Road by Tom Thumb but to continue to patch as needed.
7.4• Consider Approval of Bids for 2002 Street Maintenance
Ron Wagner went over the bids.
CM Struthers motioned to award the bid to Pearson Brothers, Inc. for $41,331.00.
Seconded by CM Ackerman. All in favor. Motion carried.
9• Council Items:
A. East and West Sewer Plant IT date.
Mayor Fournier said he talked to Ted Field today and Ted was going to check with
MPCA on the status of the application.
B. City of Albertville Workshop meeting on April 18 2002 7 PM for
Traffic Study Workshop
Mike said he is meeting with representatives from St. Michael and Albertville on
Wednesday to discuss an agenda for the April 29`h Transportation Meeting at St. Michael
at 7 PM.
C. City Accountant
Mike Robertson' informed the Council that Gary Groen has turned down -the job offer and
will be staying with Otsego.
D. Proclamation of Loyalty Day for the VFW.
The Council agreed for Mayor Fournier to sign the proclamation.
E. Consideration of the Claims List
CM Wendel asked for clarification of the Mark Hurd Invoice. Staff informed her this
was for the topography done in the western area of Otsego. CM Heidner questioned why
so much money is being spent on the 1981 Public Works Plow Truck.
CM Wendel motioned to approve the Claims List as presented. Seconded by CM
Ackerman. All in favor. Motion carried.
9.1. Mike Robertson
No updates. -"ity Administrator:
9.2. Judy Hudson City Clerk.
No updates.
8 Andrew MacArthur Cit Attorne :
8.1. Closed Meeting for Attorney/Client Privileges
CIVI Wendel motioned to close the City Council Meeting for the purpose of
Attorney/Client privileges. Seconded by CM Ackerman. All in favor. Motion
carried.
Meeting closed at 9:32 PM.
Attending the Closed Meeting. Mayor Fournier, CM Heidner, CM Struthers and CM
City Council Meeting of April 8, 2002, cont'd. Page 5.
Wendel. CM Ackerman left at 9:32 PM. Staff. Mike Robertson, City Administrator;
Judy Hudson, City Clerk; Dan Licht, City Planner; Andrew MacArthur, City Attorney
and Ron Wagner, City Engineer.
CM Wendel motioned to reopen the City Council Meeting. Seconded by CM
Struthers. All in favor. Motion carried. Meeting reopened at 9:47 PM.
10. Adjourn by 10 PM.
CM Wendel motioned to recess at 10 PM and continue the City Council Meeting to
Wednesday, April 10, 2002 at 4:30 PM to discuss financing with LandCor.
Seconded by CM Struthers. All in favor. Motion carried.
CONTINUATION OF CITY COUNCIL MEETING
WEDNESDAY, APRIL 10, 2002
Mayor Fournier opened the meeting at 4:36 PM.
Roll Call: Mayor Larry Fournier; Councilmembers: Vern Heidner, Suzanne Ackerman,
Jerry Struthers and Virginia Wendel.
Staff: Mike Robertson, City Administrator; Judy Hudson, City Clerk/Zoning
Administrator, Andrew MacArthur, City Attorney; Dan Licht, City Planner; and Ron
Wagner, City Engineer. LandCor representatives were Bob Fields and Steve Fischer.
Mike Robertson stated that LandCor has asked the City to provide the infrastructure and
he explained how LandCor would provide Letter of Credits and how the properties would
be assessed. Mike met with Juran and Moody and they said this is done by many larger
metro cities and there is very little risk. The downside to this process, is that it must go
through the Public Process which takes more time than if the developer does the project
and also will take staff time. Andy MacArthur said the language is a little unclear in
some areas of the agreement regarding the Letter of Credit. Bob Fields said the Letter of
Credit is given for the Public Improvements and when the building is built and is closed
on, the new owner would calculate their percentage and be assessed, and when the
Certificate of Occupancy is received they would get their Letter of Credit back.
Discussion of what would happen if the special assessment was not paid. The Council
discussed the schedule, grading, special assessments and Letter of Credit. Mayor
Fournier said he needed information on bond limits and was concerned with the length of
the Letter of Credit. Andy said the Developers Agreement will have to go through the
City Council for this project. Mike Robertson recommended a $75,000 escrow from the
developer for the Engineer to prepare the Plans and Specs. CM Heidner said if the WAC
and SAC Fees are paid at the time the building permit is pulled than he would go along
with a 7 -year special assessment for the infrastructure.
CM Ackerman motioned to direct the City Engineer to prepare the Plans and Specs,
the City Attorney to draw up an Interim Agreement with a $75,000 escrow from
LandCor and to draw up a draft Developers Agreement for the April 22, 2002 City
Council Meeting with the understanding that the first year assessment installment
on each individual lot will be paid at the time of closing and there will be no Letter
City Council Meeting of 04-08-02, continuation to April 101h. Page 6.
of Credit. Seconded by CM Struthers. All in favor. Motion carried.
CM Heidner supports this project but as a one time only.
CM Ackerman motioned to adjourn. Seconded by CM Wendel. All in favor.
Motion carried.
Meeting adjourned at 6:35 PM.
ayor r Fournier
Attest: J dy son, City Clerk