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05-12-03 CCITEM 3 7 - CITY OF OTSEGO CITY COUNCIL MEETING MAY 12, 2003 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: Vern Heidner, Virginia Wendel, Dan Scharber 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 a enda approval. Mike Robertson asked to move Item 9. La. to Item 4.2. add under Item 10.2. Update on Dayton -Ramsey Bridge Crossing. Judy Hudson asked to add under Item 8.5. Peddlers Ordinance. Mayor Fournier requested to add under Item 7.4. 2003 Engineering Manual, Park Contractor Change Order and move Item 8.2. To Item 6.0. CM Wendel motioned to accept the agenda as amended. Seconded by CM Heidner. All in favor. Motion carried. 3. Consider the following minutes: 3.1. City Council Meeting of April 28 2003 CM Heidner motioned adoption. Seconded by CM Wendel. All in favor. Motion carried. 3.2. Board of Review. CM Struthers motioned adoption. Seconded by CM Wendel. All in favor. Motion carried. 3.3. 88h Street Stormwater Public Hearing of April 24 2003 CM Struthers motioned adoption. Seconded by CM Wendel. All in favor. Motion carried. 4. Oven Forum: (5 minute limit) 4.1._ Special Presentation - 2002 Audit - Steve McDonald of Abdo Eick & Meyers. Steve McDonald of Abdo, Eick and Meyers, went over the 2002 Audit. He noted they found nothing unusual and had no items of concern. 4.2. Ted Field update on the East Sewer Plant Expansion Ted Field went over his letter of May 1, 2003 regarding the Environmental Assessment and Permit Application for the East Otsego WWTP Phase III pertaining to mercury control. Ted Field went over the options he outlined in his letter and recommended Option No. 3. City Council Meeting of May 12, 2003. Page 2. CM Heidner motioned to direct Bonestroo Engineering to pursue Option 3 outlined in Ted Fields letter dated May 1, 2003. Seconded by CNI Struthers. All in favor. Motion carried. 8.2. Resolution for 88`h Street Stormwater Fee Assessment. Andy MacArthur said that after reviewing appraisals, that $30,000/acre is a fair amount to use for calculations. After City Council discussion, the following motion was made. Mayor Fournier motioned to set compensation at $35,000/acre. Seconded by CNI Heidner. All in favor. Motion carried. Ron Wagner will bring the completed Resolution back to the next City Council Meeting. 5. Consent Agenda. (non -controversial items 5.1. Approve Claims List. 5.2. Payment #1 for $15,789.03 for Park Construction to American Liberty Construction. 5.3. Payment #14 for $55,993.00 to Gridor Construction, Inc for East Wastewater Treatment Facility Phase 2. 5.4. Pavment of $8.839.35 to American Engineering Testing for geotechnical Services for West Wastewater Treatment Facility Phase 1. CM Struthers motioned to adopt the Consent Agenda. Seconded by CM Wendel. All in favor. Motion carried. 6. Dan Licht, City Planner. 6.1. Steve Fricke: A. Rezone from A-1 District to A-2 (Agricultural) District. B. Conditional use Permit to create a lot less than 20 acres. Dan Licht presented the Planner's Report. CM Heidner motioned to approve a Zoning Map amendment rezoning the 74.4 acre site from the A-1 District to the A-2 District based on a finding that the request is consistent with the Comprehensive Plan. Seconded by CM Scharber. All in favor. Motion carried. CM Heidner motioned to approve a CUP allowing for a residential parcel to be less than the minimum 20 -acre lot requirement based on a finding that the proposed parcel meets the requirements listed in the Zoning Ordinance, subject to the seven conditions listed in the Findings of Fact. Seconded by CM Scharber. All in favor. Motion carried. 6.2. Elk River Alano Society for a Conditional Use Permit to add on to Current institutional Facility in a R-2 District. Dan Licht presented the Planner's Report. Ron Wagner said the applicant discussed additional berming and agreed with their plans. Kevin Palmer, Alano Society, stated he agrees with all the conditions. City Council Meeting of May 12, 2003. Page 3. Jim Chandly of 14505 92°d Street. He was out of town for the Public Hearing and commented he was concerned with the building addition and any over flow parking would be on 92nd Street. He would also like to see three signs on his street, a Dead End Street, Children at Pay and No Parking. Dan Licht explained that Alano meets the requirements of the Parking Ordinance, but since this is a Conditional Use Permit, staff can initiate reviews. He also explained 92nd Street is a public street and a No Parking Sign would be inappropriate. CM Heidner was concerned with the hours of operation that wording in a. b. and c. should reflect to 7AM. CM Struthers motioned to approve a CUP amendment to allow for a 1,552 square foot expansion of the existing 2,736 square foot principal building at 9231 Odean Avenue NE, subject to the 7 conditions listed in the Findings of Fact amending the hours in Condition 3 not to start before 7 AM and adding to Condition 8 subject to a one year review for parking. Seconded by CM Wendel. All in favor. Motion carried. 6.3. Kittredge Crossing A. Rezone. B. Preliminary Plat. Dan Licht presented the Planner's Report. Ron Wagner presented his comments. Darrell Farr, applicant, requested the name of the major street be Kittredge Parkway. CM Heidner motioned to approve a Zoning Map amendment rezoning the subject site to PUD District, PUD Development stage plan, and preliminary plat for Kittredge Crossing, and negative findings on the need for an EIS, subject to the 14 comments listed in the Findings of Fact, changing Condition No. 5 to as approved by the City Council and deleting Condition No. 6. Seconded by CM Scharber. All in favor. Motion carried. 7. Ron Wagner, Citv Engineer: 7.1. Drainage next to East WWTP. Ron Wagner went over the attached pictures taken this date and noted this area was completely dry and looks like there had been some filling done. Mr. Wagner recommended to have Bonestroo direct Gridor to clean this area out so water can get through. The Council agreed. 7.2. Construction Update. Mr. Wagner stated construction will start on Page Avenue and work west on 85`h Street. 7.3. Consider awarding the following projects: A. Water Tower #2 (1MGQ CM Struthers motioned to approve Resolution NO. 2003-50 awarding the bid to CB&I, Inc., in the amount of $1,162,600 for Water Tower #2. Seconded by CM Wendel. All in favor. Motion carried. City Council Meeting of May 12, 2003. Page 4. B. Pumphouse #3 Mr. Wagner recommended not to award the bid at this time to give him time to work with EnComm regarding the electrical work and he will bring this back to the next meeting. C. Lift Station #3 Mayor Fournier motioned to approve Resolution 2003-51 awarding the bid to Barbarossa & Sons for $249,870.00. Seconded by CM Wendel. All in favor. Motion carried. 7.4. Any other Engineering Business. A. Adoption of 2003 Engineering Manual Updates. CM Struthers motioned to adopt the 2003 Engineering Manual updates. Seconded by CM Heidner. All in favor. Motion carried. B. American Liberty Construction Change Order. Staff discussed with the City Council this Change Order and recommended to deny. Mayor Fournier motioned to deny the Change Order. Seconded by CM Scharber. All in favor. Motion carried. 8. Andrew MacArthur, City Attorney 8.1. Nuisance Uidate. David Wendorf went over the Nuisance Abatement Update of May 12, 2003. 8.3. Consider Notice of Intent to Serve Notice to liquor stores. Mayor Fournier motioned that the City does not intend to create an Otsego Municipal Liquor Store. Seconded by CM Wendel. All in favor. Motion carried. Mayor Fournier's comments were that establishing a Municipal Liquor Store would have been better -done years ago and it is not in the City's best interest to do so at this time. Businesses add tax base, he doesn't want to hurt existing businesses and since there are new Councilmembers he feels this discussion has been appropriate. CM Wendel said she has been back and forth on this issue but has come to the conclusion that she doesn't want to take business away from anyone. She feels there are a lot of things going on in Otsego and feels that City Council and staff are bogged down with enough. Both CM Heidner and CM Scharber made their comments at the May 7; 2003 City Council Workshop. 8.4. Liquor License for Otsego Spirits. CM Scharber motioned to approve the liquor license for Otsego spirits subject to receiving State approval, Dram Shop Binder and Workers Compensation Binder. Seconded by CM Wendel. All in favor. Motion carried. 8.6. Peddlers Ordinance. City Council directed staff to work on a Peddlers Ordinance for Otsego. 8.7. Electrical Lines Relocation. Mayor Fournier motioned to direct staff to write a letter to other municipalities regarding the WH Electrical relocation issue. Seconded by CM Scharber. All in favor. Motion carried. City Council Meeting of May 12, 2003. Page 5. 9. Council Items: A. East and West WWTP Updates Previously discussed under Open Forum. 10. Mike Robertson, City Administrator: 10.1. Construction Administration Agreement with Damon Farber Associates CM Heidner thought the City needed to have a professional engineer sign off. Mike Robertson will check into this and bring back to the next meeting. 10.2. Dayton Bridge Letter. Mike Robertson said there will be a meeting on the Dayton Ramsey Bridge Crossing and he will report back to the Council. 11. Judy Hudson, City Clerk. Judy Hudson reminded everyone that there is a Nitrate Water Testing Clinic going on at City Hall this week and to bring in water samples. 10. Adjourn by 10 PM. 8.5. Closed Meeting for Attorney/Client Privilege CM Scharber motioned to close the meeting for Attorney/Client Privilege. Mayor Fournier seconded. All in favor. Motion carried. Meeting closed at 9:48 PM. Attending the meeting: Mayor Larry Fournier; Councilmembers Heidner, Wendel, Struthers and Scharber. Staff Mike Robertson, City Administrator; Judy Hudson, City Clerk and David Wendorf, assistant City Attorney. CM Wendel motioned to re -open the City Council Meeting. Seconded by CM Scharber. All in favor. Motion carried. Meeting re -opened at 9:55 PM. Mayor Fournier motioned to adjourn the City Council Iveeting. Seconded by CM Wendel. All in favor. Motion carried. Q% ayor La,,)rfy F rnier ATTEST.QkhA!Ae Lu�� JH t s n, City Clerk/Zoning Adm.