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07-09-01 CCCITY OF OTSEGO CITY COUNCIL MEETING July 9, 2001 6:30 PM COUNCIL CHAMBERS OTSEGO CITY HALL 1. Mayor Larry Fournier will call meeting to order: Mayor Fournier called the City Council Meeting to order at 6:30 PM. a. Roll Call: Mayor Larry Fournier; Councilmembers: Suzanne Ackerman, Vern Heidner, Virginia Wendel. Jerry Struthers. Staff. Mike Robertson, City Administrator; Judy Hudson, City Clerk/Zoning Adm. Carol Olson, Deputy Clerk, Dan Licht, City Planner, Ron Wagner, City Engineer, Andy MacArthur, City Attorney. b. Pledge of Allegiance. Mayor Fournier led in the Pledge of Allegiance. 2. Consider agenda approval Administrator Mike Robertson requested to add 8.C. Truth in Taxation, and Dayton/ Ramsey Bridge update. CM Wendel requested pulling the claims list from the consent agenda and put under 9.A.City Council Items. Also CM Struthers requested to add under 8.C. Ordinance No. 97-01. regarding false alarms. CM Heidner motioned to approve agenda as amended. Seconded by CM Struthers. All in favor. Motion carried. 3. Consider the following minutes: A. June 18, 2001 Commission Workshop Meeting_ CM Heidner motioned to adopt the minutes of June 18, 2001. Seconded by CM Ackerman. All in favor. Motion carried. B. June 25-2001 City Council Meeting_ CM Heidner abstained from motion, as he was not present at that meeting. CM Ackerman motioned to adopt the minutes of June 25, 2001. CM Struthers seconded. All in favor. Motion carried. 4. Open Forum: No one spoke. A. Special Presentation: Steve McDonald - Abdo Abdo & Erick - Review of 200 Audit Steve McDonald gave a presentation on the 2000 Audit. No significant difficulties were encountered in performing the audit. Mayor Fournier asked what the City could do to improve. Steve MacDonald said to have written policy standards in place could help. 5. Consent Agenda (non -controversial items 1 Consider Claims List Claims List moved to Item 9.A CITY OF OTSEGO COUNCIL MEETING OF JULY 9, 2001 Page 2 6. Dan Licht, City Planner: 6.1. Planning Items: A. Trudell Trailers: Zoning Ordinance amendment to allow for semi trailer sales as a Principal Use within the I-2 General Industrial District Dan Licht presented the Planner's report dated June 21, 2001. He also distributed a Zoning Text Amendment Findings of Fact & Decision dated July 9, 2001, for consideration. Grady Kinghorn, applicant, stated that they are agreeable to all the conditions put forth in NAC's report, but questioned language regarding Land -Sea Containers. Dan Licht, City Planner will remove that language. CM Heidner motioned to adopt the Zoning Ordinance amendment. Seconded by CM Wendel. All in favor. Motion carried. B. Trudell Trailers: Conditional use Permit to allow outside storm eP� in an I-2 District. CUP Heidner motioned to approve a Conditional Use Permit subject to twelve (12) conditions listed in the Findings of Fact dated 7-9-01. Seconded by CM Struthers. All in favor. Motion carried. C. Brett Admixtures: Site Plan Review. Location: Otsego I-94 West Industrial Park. Dan Licht presented the planner's report. Ron Wagner said the proposed water usage will not be a problem. Grady Kinghorn, applicant for Brett Admixtures commented that they addressed the issues and they are reflected on the revised plan. Dan Licht will review the revised plan and if the motion would include subject to planners review, that would be appropriate. CM Heidner motioned to accept approved site plan with ten (10) conditions and subject to City Planner's review. Seconded by CM Ackerman. All in favor. Motion carried. D. Final Plat Approval for"The Meadowlands" Dan Licht presented the planner's report dated June 28, 2001, for final plat approval to "The Meadowlands". Andy MacArthur reported on letter dated July 6, 2001, regarding a survey gap, and recommended condition No.4, be revised to address this issue. Ron Wagner noted that the DNR gave verbal approval for the storm the water plan, but they haven't received written approval. Andy stated that condition No.7 would address any grading and drainage issues and be subject to the City Engineer's approval. CM Heidner motioned to adopt the Final Plat subject to the nine (9) conditions, with amended condition No. 4 of the planners report. Seconded by CM Wendel. All in favor. Motion carried. E. Final Plat Approval for 'The Pointe Second Addition" And Public Hearing Street Vacation HEARING: Mayor Fournier opened the hearing for street vacation for portions of Quaday and 72nd Street. Dan Licht presented the planner's report. 1TY OF OTSEGO COUNCIL MEETING OF JULY 9, 2001 Page 3 Mayor Fournier opened up for public comment. Frank Scharber,17820 78`h Street, West Ramsey, representing the Elk River/Rogers VFW Post 5518. He read four requests listed in a letter to the Mayor and City Council members, dated July 9, 2001. Ron Wagner, City Engineer showed vacation plans and commented that requested changes would be in the "The Pointe" developers agreement. Frank Scharber stated that the VFW understood that they would obtain property due to the road vacation. Andy MacArthur answered North portion of the vacated area would return to the VFW. Tom Nichols, 18967 Concord Street, Elk River, questioned if 72"d Street would remain at same level. Ron Wagner will check into this. Barb Johnson,14452 NE 95`h Street, suggested that the area be used as a school bus stop or park -n -ride in the future. Mayor Fournier closed the Hearing to the public 7:50PM. CM Heidner motioned to adopt resolution vacating portions of Quaday Avenue. Seconded by Mayor Fournier. All in favor. Motion carried. "The Pointe 2"d Addition Final Plat: Dan Licht presented the planner's report. Dennis Griswald Pulte Homes, asked for clarification regarding the road vacation. They -ould like to retain the property left by the street vacation. an Licht read Exhibit C.1. addressing the remnant parceL Andy MacArthur, City Attorney, will amend the resolution. CM Heidner commented that as long as the City maintained the easements, he would have no problem with Pulte Homes keeping the property due to the vacation of the road. Dan Licht recommended to, add a condition regarding Parsons Avenue and requested that a landscape plan be provided. Mayor Fournier motioned approval of The Pointe 2nd Addition Final Plat, subject to ten (10) conditions listed in the Findings of Fact, with condition No.4 amended to request a landscape plan for Outlot A. be provided. Seconded by CM Heidner. Discussion: CM Heidner asked when Parsons Avenue would be vacated. Dan Licht stated that that would be determined by future development. All in favor. Motion carried. 6.2. EuP,ene Goenner resignation from the Planning Commission. CM Heidner motioned to accept Eugene Goenner's resignation from the Planning Commission. Seconded by CM Ackerman. All in Favor. Motion carried. 6.3. Any other PlanningItems. ems. CM Heidner expressed concern with medians in developments posing problems with tight turning for buses. Dan Licht attended Heritage Preservation Commission Meeting and gave an update about iat they will be working toward and hope to accomplish. CITY OF OTSEGO COUNCIL MEETING OF JULY 9, 2001 Page 4 7. Larry Koshak City Engineer: Tabled from CC MW June 25 2001 7. 1. NPDES Storm Water Requirements Ron Wagner, City Engineer, presented information regarding a storm water program relating to National Pollutant Discharge Elimination System (NPDES). Phase II CM Heidner questioned whether this wasn't addressed under the developers agreement. Ron Wagner - Hakanson Anderson is recommending adopting an ordinance which would pertain to maintenance policies and financing of storm water facilities. Andy MacArthur, City Attorney, stated that the MPCA may require this. Mayor Fournier recommended Mike Robertson, City Administrator, to check with other cities regarding their policies on this. 7.2• West Otsego Sanitary Sewer and Water System. A. Cost estimate for Feasibility Report for West Otsego Sewer and Water System. Ron Wagner gave an overview of the study for sewer & water feasibility. Northwest Associated Consultants, Inc. would design the sewered area plan for the west sewer service district with growth projections and land use. CM Wendel asked if this would include the Riverwood Conference Center area. CM Heidner asked for realistic conservative costs. The Draft Land Use Plan estimate is $7,700.00. Mayor Fournier motioned to direct staff to go ahead with West Otsego Sewer & Water Study. CM Struthers seconded. All in favor. Motion carried. 7.3. Upgrade to Phase 3 - People Service Inc Water Treatment Plant Operations Mike Robertson read a memo to Mayor and City Council dated July 5, 2001 regarding the second amendment to PeopleService, Inc. Agreement. CM Heidner motioned to adopt the Second Amendment to the People Service Agreement. Seconded by CM Ackerman. All in favor. Motion carried. 8. Andrew MacArthur City Attorney: A. Consider Resolutions ordering Assessment Hearin s for 88`k' Street and Odean Avenue Andy MacArthur went over letter dated July 3, 2001, Odean Avenue and 88`h Street Resolution calling for proposed Assessments. CM Heidner motioned to adopt Odean Ave Assessment Hearing Resolution. Seconded by CM Wendel. All in favor. Motion carried. CM Heidner motioned to adopt Resolution for proposed Hearing on 88`h Street. Seconded by CM Wendel. All in favor. Motion carried. 8.3 97-1 Ordinance - Questioned the language of ordinance CM Heidner motioned to direct City Attorney to amend City of Otsego Ordinance 97-1. Seconded by CM Struthers. Motion carried 4 to 1 with CM Wendel opposed. CITY OF OTSEGO COUNCIL MEETING OF July 9, 2001 Page 5 B. Verizon Water Tower Lease Agreement Andy MacArthur introduced Mr. Littlejohn, attorney for Verizon, who presented a request for a revised Antenna Site Use Agreement. Couri & MacArthur letter dated June 20, 2001, lists proposed changes to agreement. Mayor Fournier motioned to sign Verizon Water Tower Lease Agreement as amended. Seconded CM Heidner. All in favor. Motion carried. Added consent agenda here: CM Heidner motioned to adopt the Claims List. Seconded by CM Struthers. All in favor. Motion carried. 9. Council Items: CM Wendel reported on Community Rec. CM Heidner is concerned with disbursement of funds from Community Rec. Mike Robertson, City Administrator, will discuss this with them and bring back to next City Council meeting. 9.1. Mike Robertson, City Administrator: Hennepin Co Bridge Mtn CM Ackerman volunteered to attend the meeting. A. Resolution of support, soccer Association State Grant A1212lication. Mike Robertson went over Memorandum dated July 5, 2001, regarding his meeting with Mike Roden, from the Soccer Association. CM Wendel motioned not to participate in the Soccer Grant. Seconded by CM Ackerman. Motion carried 4 to 1 with CM Struthers opposed. 9.2. Judy Hudson, City Clerk. B. Facility Use Rental. Motion by Mayor Fournier to place a moratorium on future Facility Use rentals for those choosing to have alcohol. Seconded by CM Ackerman. All in favor. Motion carried. Motion by Mayor Fournier to increase the damage deposit for Facility Use to $800.00. Seconded by CM Struthers. All in favor. Motion carried. 10. Adjourn by 10 PM. CM CM Ackerman motioned to adjourn. Seconded by CM Wendel. All in favor. Motion carried. Meeting adjourned at 10:27 PM. C% -,A 4,'�'m Atte Ju udson, City Clerk/Zoning Adm. Recorded by: Carol Olson, Deputy Clerk 7-9-01 CCMTG.wps