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08-13-01 CCCITY OF OTSEGO CITY COUNCIL MEETING AUGUST 13, 2001 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 6:32 PM. Roll Call: Mayor Larry Fournier, Councilmembers:. Virginia Wendel, Suzanne Ackerman, Vern Heidner, Jerry Struthers. Staff: Mike Robertson, City Administrator; Judy Hudson, City Clerk/Zoning Adm.; Andrew MacArthur, City Attorney; Dan Licht, City Planner; Larry Koshak, City Engineer. Pledge of Alle ig a Mayor Fournier led in the Pledge of Allegiance. 2. Consider agenda approval. Mike Robertson requested to add under Item 9.1. To set Public Hearing for Slabtown Street, Water and Sewer Assessments. Mayor Fournier requested to add under Item 9. Appoint or discuss a representative to meet with Christ Lutheran Church on their assessment. Add to Item 4. Report on the West Sewer Treatment Plant by the sub -committee and add under Item 9.1. Possible site for a Fire sub -station. CM Struthers motioned adoption of the agenda as amended. Seconded by CM Heidner. All in favor. Motion carried. 3. Consider the following minutes: A. July 23, 2001 City Council Meeting. CM Heidner motioned to adopt the minutes. Seconded by CM Ackerman. All in favor. Motion carried. B. July 30, 2001 Public Hearing for Odean Avenue Improvement. C. July 30, 2001 Public Hearing for 88th Street Improvement. Mayor Fournier directed to place these minutes (B & C) on the next City Council Agenda to give time for the City Attorney to review them. 4. Open Forum: Craig Howse, representing Christ Lutheran Church, asked to speak under Item 7.2. Eileen Gerard, Frank Miles and Frank Morrisette asked to speak under Item 7.3. Tom Carter, Paul Bach and Jay Swenson asked to comment under Item 9.1.A. Betty Benson asked to speak under Item 6.3. Mayor Fournier stated they would be given time for comments. 4.a. Special Presentation: Ted Field, Bonestroo En ineering - Plans and Specs for East Sewer Plant, 2nd Phase Expansion, from 200,000 GPD to 400,000 GPD City Council Meeting of August 13, 2001, cont'd. Page 2. Ted Field presented the Plans and Specs for the East Sewer Plant 2nd Phase and recommended to proceed with the bid opening on October 2, 2001. Mr. Field said this expansion will expand the plant to 400,000 GPD. A laboratory was deleted from the project bringing the projected cost to 2.3 million dollars. Mr. Field said the plant should be completed by the end of next summer. CM Heidner motioned to adopt the Plans and Specs on the East Sewer Plant expansion subject to the appropriate regulatory approval and any other reviews by City Engineers or City Council. Seconded by CM Struthers. All in favor. Motion carried. CM Heidner motioned to authorize Bonestroo to proceed with the bidding process. Seconded by CM Ackerman. All in favor. Motion carried. 4.b. West Treatment Plant update by sub -committee. Mayor Fournier reported that he and CM Wendel met with Ray Slavick last week. Although he is supportive of the project he would prefer not to have the plant located on his property. The sub -committee also met with Wilfred and Nancy Duerr, who are interested in selling the City some of their land. Larry Koshak stated the topography should be completed in two or three weeks for this area and also, borings should be done on this land to determine a suitable site. Ted Field said once the site is chosen, he can start the EAW. 5. Consent Agenda. (Non -controversial items) 5.1. Approve Claims List. CM Wendel motioned to adopt the Consent Agenda as presented. Seconded by CM Ackerman. All in favor. Motion carried. 6. Dan Licht, City Planner: 6.1. Conditional Use Permit for Benson/Brekke move -in-house. Dan Licht presented the Planner's report. CM Wendel motioned to approve the Conditional Use Permit for relocation of an existing single family dwelling to their property along Mason Avenue, north of 87`h Street subject to the five conditions listed in the Findings of Fact. Seconded by CM Heidner. All in favor. Motion carried. 6.2. Bauerly Companies: A. Conditional Use Permit for height allowance B. Site Plan Review Dan Licht presented the Planner's Report. Brian Bauerly said that Larry Koshak's request for runoff and ponding will be addressed on the final set of plans. Mike Robertson questioned the rock and sand piles. Dan Licht said the City would want them to use bins for any outside storage and Mr. Bauerly said they would use concrete. Mr. Robertson also stated that when the gravel area is cemented, curb must be put in. Mr. Bauerly said he understood this and a California type curb would be done. w City Council Meeting of August 13, 2001, cont'd. Page 3. CM Heidner said he was concerned with dust control and also wants the silos maintained. Mr. Bauerly said dust control would be used and that Bauerly Bros. maintains all their sites well. CM Heidner motioned to approve the Conditional Use Permit to allow structure heights in excess of the I-2 District maximum and to approve the Site and Building Plans subject to the 11 conditions listed in the Findings of Facts, amending Condition No. 3 to include dust control be used as necessary and Condition No. 10 that all material stockpiled must be enclosed and subject to review by city staff. Seconded by CM Ackerman. All in favor. Motion carried. 6.3. Final Plat for Hidden Creek Dan Licht presented the Final Plat. Mr. Koshak recommended not to approve the Final Plat until the items he has requested are submitted and reviewed by the City Engineer. Joyce Mickelson, applicant, stated they will pay the Park and Trails fees. Mayor Fournier would like to have the Parks Commission's recommendation on Park and Trail Fees. CM Ackerman motioned to table the Final Plat for Hidden Creek until the August 27, 2001 City Council Meeting. Seconded by CM Wendel. All in favor. Motion carried. 6.4. Final Plat for Crimson Ponds IV Addition Dan Licht presented the Planner's Report. Larry Koshak recommended that the plat be approved contingent upon a Final Review by the City Engineer. CM Heidner would like easements for the future constructions of 85"' Street and Page Avenue. CM Heidner motioned to approve the Final Plat for Crimson Ponds IV Addition subject to the five conditions listed in the Findings of Fact, amending Condition No. 1 to include an agreement be provided (between the applicant and said property owner) for subdivision of the Outlots and Lot 1, Block 7, add a Condition that provision be made in the Developer's Agreement for temporary easements necessary for the City to construct 85`x' Street and Page Avenue. Seconded by CM Ackerman. All in favor. Motion carried. 6.5. Final Plat for Otsego I-94 West Industrial Park. Dan Licht presented the Planner's Report. Mayor Fournier motioned to approve the Final Plat for Otsego I-94 West Industrial Park. Seconded by CM Wendel. All in favor. Motion carried. 6.6. Any other Planning Items. Mike Robertson informed the Council that Pheasant Ridge Development has requested that Page Avenue be completed, at least with gravel. The City Engineer was directed to write a recommendation to the Council for the next City Council Meeting. City Council Meeting of August 13, 2001, cont'd. Page 4. 7. Larry Koshak, City Engineer: 7.1. Accept petition for 85`'' Street and Order preparation of Feasibility Report Mike Robertson said he has received a letter from Today Properties asking the City to prepare a feasibility report for 85h Street. Andy MacArthur said the Preliminary Plat has been approved, but not the Final Plat, and therefore a Developer's Agreement has not been signed. The Developer's Agreement contains all the necessary agreements pertaining to easements and payments. Mr. MacArthur recommended not to go ahead with this until there is an agreement in place regarding easements and payments. He also recommended that Today Properties should enter into an interim agreement paying the cost of a Feasibility study. Mayor Fournier motioned to authorize the Feasibility Study with the applicant paying for this at their risk and to either enter into an Interim Agreement or bring in the Final Plat for approval. Seconded by CM Struthers. All in favor. Motion carried. 7.2. Consider Resolution adopting the Assessment Roll for 88t' Street Project Mike Robertson recommended to the Council that Christ Lutheran Church (CLC) be fully assessed because they should be treated like other property owners and since they have stated that they gain benefit being on such a visible property. Craig Howse, Attorney representing Christ Lutheran Church (CLC), stated the Church was surprised at the amount of the $98,600 assessment, as well as the $5,000 per acre storm water impact fee. Mr. Howse stated the property will be worth less because it will be divided to construct the storm water project and wants compensation for this land taken. Mr. Howse requested a representative from the City to meet with the Church and not to adopt the assessment roll. Mr. MacArthur stated the assessment is reasonable, and noted all of these items were discussed with Pastor Pagh at the Improvement Hearing. Larry Koshak said when the storm water drainage was discussed, he recommended a pipe be put into between the lots and the impact fees be reduced by the amount of the pipe. The ditch was put in reducing cost by $56,000, a cost savings that was supported by Pastor Pagh. Mayor Fournier recommended himself, City Attorney and Mike Robertson to meet with the Church. CM Wendel motioned to authorize the City Attorney, Andy MacArthur, the City Administrator Mike Robertson and Mayor Fournier to meet with Christ Lutheran Church to reach a conclusion by October 5, 2001. Seconded by CM Heidner. All in favor. Motion carried. 7.3. Consider Resolution adopting the Assessment Roll for Odean Ave Project Mr. Koshak recommended the Assessment Roll be adopted. Eileen Gerads submitted a letter -accepting assessment for Odean Avenue and requested a letter stating they will not be assessed for the 85t' street project and also requested repair to the boulevard. Frank Morrisette, Odean Avenue, asked if there will be any consideration made to the deferred assessments. Mr. MacArthur explained it is State Statute that requires interest To be paid on deferred assessments. City Council Meeting of August 13, 2001, cont'd. Page 5. CM Heidner questioned why properties north of 78`h Street did not have deferred assessments. Dan Licht replied that these properties have a one per forty -development right while the properties south of 78`h Street have a four per forty development rights per the Comprehensive Plan. CM Heidner also questioned why some properties are being assessed with two assessments - the Odean Avenue and the 1999 Overlay. Mr. Koshak replied they are receiving a benefit from both projects. Mike Robertson said these people are aware of the assessments and some were given the opportunity to move their driveways off Odean to avoid that assessment and chose not to. Mayor Fournier motioned to accept Resolution 2001-26, adopting the Assessment for the improvement of Odean Avenue from CSAH 37 to CSAH 39. Seconded by CM Wendel. Voting For the Motion: Mayor Fournier, CM Wendel, CM Ackerman, CM Heidner. Abstained: CM Struthers. 7.5. Any other EngineeringItems. ems. The Council directed Mr. Koshak to change the Street Lighting Policy so that street lights are only placed at intersections and that the electricity for the lights are paid up front for two years through the Developer's Agreement. 8. Andrew MacArthur, City Attorney: 8.1. Facility Rental Policies. Andy MacArthur stated his position that if liquor is served, the City should require Dram Shop Insurance. Council directed staff to revise the Facility Use Permit Policy with this change and also that the Building Supervisor in charge has the authority to close the function down if liquor is brought in without Dram Shop Insurance, also the City Administrator evaluates if a Wright County Deputy is needed. 9. Council Items: A. Fire Substation. Mayor Fournier suggested that the City recommend to Elk River, to consider the Aselson's property on CSAH 42 for a Fire substation. 9.1. Mike Robertson, City Administrator: A. Discussion of Snowmobile Plan. Mike Robertson went over his memo. Tom Carter, Nashua Avenue, supports the direct route map. Paul Bock, a member of the Snowmobile Club, said they will do everything to get information out to everyone and thanked the City for giving them the opportunity to work on the Snowmobile Plane. Jay Swenson, Kahler Avenue, thanked the Council for putting on the Committee. The Club supports education and the information meeting. There will be a safety training class on December 1, 2001 at Otsego City Hall. City Council Meeting of August 13, 2001, cont'd. Page 6. CM Heidner stated he knew the map would create a lot of work but supports it and the City needs to come up with approved routes. He feels enforcement is vital. CM Wendel thought the map would be a good idea, but the Sheriff's Department should not be blamed for lack of enforcement, since it is hard to catch snowmobiles. CM Struthers stated the committee put in a lot of hours and he supports the map and more enforcement with tickets and not just warnings. CM Ackerman stated she had no comments. Mayor Fournier agrees with enforcement and education. The Council set Thursday, October 25, 2001, 7 PM, Otsego City Hall, for the Information Meeting on Snowmobile. B. Set an Slabtown Assessment Public Hearing. The Council set September 10, 2001, 6:30 PM for the Slabtown Hearing. 9.2. Judy Hudson, City Clerk. Judy had no items. 10. Adjourn by 10 PM. CM Ackerman motioned to adjourn. Seconded by CM Wendel. All in favor. Motion carried. Meeting adjourned at 10:53 PM. layorUr�ry Fournier Attest and recorded by: Judy Hudson, City Clerk