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10-08-01 CCV -Ern 3. A. CITY OF OTSEGO CITY COUNCIL MEETING OCTOBER 08, 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 6:30 PM. Roll Call: Mayor Larry Fournier; Councilmembers: Virginia Wendel, Jerry Struthers, Suzanne Ackerman. Absent: Vern Heidner. Staff. Mike Robertson, City Administrator; Judy Hudson, City Clerk/Zoning Administrator; Andrew MacArthur, City Attorney; Cindy Sherman, Assistant City Planner; Ron Wagner, City Engineer. Pledge of Alle dance: Mayor Fournier led in the Pledge of Allegiance. 2. Consider agenda approval. CM Wendel requested to add Community Rec. under Item 9. Mayor Fournier requested to add under Item 9. City Emergency Contact List. CM Wendel motioned to approve the agenda as amended. Seconded by CM Struthers. All in favor. Motion carried. 3. Consider the following minutes: A. September 24 2001 City Council Meeting, CM Struthers motioned to adopt the minutes. Seconded by CM Ackerman. All in favor. Motion carried. 4. Open Forum: 4.1 Special Presentation. Accept bid and Award Contract for Construction of Otsego East Wastewater Treatment Plant, Phase II Mike Robertson presented the six bids and noted that Bonestroo recommended the low bid be accepted. Mayor Fournier motioned to accept the bid from Gridor Construction, Inc. for $2,227,700. Seconded by CM Ackerman. All in favor. Motion carried. Tom and Sharon Carter, 9466 Nashua Avenue and Ron Tong, 9277 Page Avenue, all requested to reserve time to comment on the Snowmobile Ordinance. 5. Consent Agenda 5.1. Approve Claims List. 5.2. Accept Norman Schwanbeck's resignation from the Heritage Commission. CM Wendel motioned to adopt the Consent Agenda. Seconded by CM Struthers. All in favor. Motion carried. City Council Meeting of October 8, 2001. Page 2. 6. Dan Licht, City Planner: 6.1. Tanner and Rolfe Anderson applicants a. CUP to allow relocation of a Single Family Home to a R-3 Residential lot. Lot 1, Block 1, Walesch Estates 14292 82"d Street NE. Cindy Sherman presented the Planner's Report. CM Struthers motioned to approve the Conditional Use Permit to allow the applicants to relocate an existing family dwelling to a property at 14292 82nd Street NE subject to the six conditions listed in the Findings of Fact. Seconded by CM Wendel. All in favor. Motion carried. 6.2. Greg Ebert, applicant. Cindy Sherman presented the Planner's Report. Ron Wagner went over the engineering items. a. Rezoning of property at 5781 Queens Avenue NE from I-1, Limited Industrial to 1-3 Special Industrial. CM Wendel motioned to amend the Zoning Map to rezone property located at 5781 Queens Avenue from I-1 District to I-3 District to allow expansion of an existing building. Seconded by CM Ackerman. All in favor. Motion carried. b. CUP for addition of off-street loading facilities to an existing building_ CM Wendel motioned to approve the Conditional Use Permit to allow expansion of loading facilities for an existing building subject to the seven conditions listed in the Findings of Facts. Seconded by CM Struthers. All in favor. Motion carried. 6.3. Otsego Farms Michael Stern applicant Cindy Sherman presented the Planner's Report. Ron Wagner went over the Engineering Report. Andy MacArthur requested that the developer get a statement from Great River Energy stating that the proposed street will not interfere with their easement. a. Rezoning from A-1 District to A-2 District. CM Struthers motioned to approve the Zoning Map amendment to rezone property PID 118-800-153300 (located south of CSAH 39 along Jaber Avenue) from A-1 District to A-2 District to allow for development of a proposed eight lot single family/hobby farm development entitled "Otsego Farms". Seconded by CM Ackerman. All in favor. Motion carried. b. PUD/CUP to allow horses in an A-2 Zonine C. Preliminary Plat & Final Plat. CM Wendel motioned to approve the PUD/CUP and Preliminary/Final Plat entitled "Otsego Farms" for development of a proposed eight lot single family/hobby farm development on property PID #118-800-153300 (South of CSAH 39 along Jaber Avenue) subject to the six conditions listed in the Findings of Facts and adding an condition that the developer provide the City with a document from Great River Energy that the street will not interfere with their easement. Seconded by CM Struthers. All in favor. Motion carried. City Council Meeting of October 8, 2001. Page 3. 7. Ron Wagner, City Engineer: Ron Wagner reported he received a quote for a retaining wall along the proposed bike path along Kadler Avenue. 100 -foot wall at approximately $6,600 and a 155 -foot wall at approximately $10,000. An alternative would be to slide the bike path right next to Kadler Avenue. CM Struthers motioned to approve the construction of a 155 -foot retaining wall along the bike path on Kadler Avenue. Seconded by Mayor Fournier. Voting For the Motion: Mayor Fournier, CM Ackerman, and CM Struthers. Voting Against the Motion: CM Wendel. CM Wendel wanted to review the site prior to approval. 8. Andrew MacArthur City Attorney A. Snowmobile Ordinance Mr. MacArthur went over the Snowmobile Ordinance changes. Tom Carter stated that he objects to kids under age 14 operating snowmobiles. He is also concerned with the apparent lack of limits on snowmobile usage on a person's own property. Mr. Carter also was disappointed that the map was removed from the ordinance but he feels law enforcement is the most important issue. Administrator Robertson noted that noise and speed limits would still apply on private property. Sharon Carter stated she agreed with everything Tom pointed out and her biggest concern is law enforcement. Ron Tong stated he would like to have the map included in the ordinance. CM Struthers motioned to remove from 8-1-5.K. "unless you are on the most direct route returning to your residence". Seconded by Mayor Fournier. Voting For the Motion: Mayor Fournier, CM Struthers, and CM Ackerman. Voting Against the Motion: CM Wendel Motion carried three (3) to one (1). CM Struthers motioned to approve the revised snowmobile ordinance including the "Restricted Snowmobile Area Map". Seconded by Mayor Fournier. Voting For the Motion: Mayor Fournier, CM Struthers, and CM Ackerman. Abstained: CM Wendel. Motion carried. CM Ackerman motioned to approve the Summary of Amendments to Ordinance No. 94-12 Establishing a Snowmobile and Other Recreational Motor Vehicles Ordinance and the Restricted Map for publication. Seconded by CM Struthers. All in favor. Motion carried. B. Facility Use Policv The Council directed staff to put together a memo showing estimated rental costs. City Council Meeting of October 8, 2001. Page 4. 9. Council Items: A. Update on West and East Sewer Plants Mayor Fournier stated the topography is done. B. Emergency contact list Mayor Fournier requested staff to prepare a list of contacts for emergencies, weekends etc., and to look at security systems for the City's water system. C. Community Rec. The bids for office equipment are needed by the 15''' 9.3. Closed meeting due to Attorney -Client Privilege CM Ackerman motioned to close the meeting for attorney-client privilege. Seconded by CM Wendel. All in favor. Motion carried. CM Struthers left the meeting due to conflict of interest. Meeting closed at 8:39 PM. Attending the Closed Meeting: Mayor Larry Fournier, CM Ackerman, CM Wendel, City Administrator Mike Robertson, City Clerk Judy Hudson and City Attorney, Andrew Macarthur. CM Ackerman motioned to re -open the City Council Meeting at 9:02 PM. Seconded by CM Wendel. All in favor. Motion carried. 10. Adjourn by 10 PM CM Ackerman motioned to adjourn. Seconded by CM Wendel. All in favor. Motion carried. Meeting adjourned at 9:03 PM. ayoryrry ournier R co d y udy Hudson, City Clerk