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07-28-03 CCCITY OF OTSEGO COUNCIL MEETING AGENDA JULY 28, 2003 OTSEGO CITY HALL 6:30 PM 1. Mavor 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, Jerry Struthers and Dan Scharber. Staff: Mike Robertson, City Administrator; Judy Hudson, City Clerk/Zoning Administrator; Andrew MacArthur, City Attorney; Dan Licht, City Planner and Ron Wagner, City Engineer. Pledge of Allegiance. Mayor Fournier led in the Pledge of Allegiance. 2. Consider agenda approval Mike Robertson requested to add under Item 10.B. Appointment of the Building Official. CM Wendel requested to add under Item 7.5. Fire Hydrants along CSAH 19, add under Item 6.6. Apex Center, under Item 9. B. Update on David Chase and to remove Item 5.3. and Item 5.4. From the Consent Agenda. Mayor Fournier requested to add under Item 9.C. Set an Administrative Subcommittee Meeting. CM Heidner motioned adoption of the agenda as amended. Seconded by CM Scharber. All in favor. Motion carried. 3. Consider the following minutes: 3.1. City Council Meeting of July 14 2003 CM Wendel noted a correction on Page 3. CM Scharber motioned adoption as amended. Seconded by CM Wendel. All in favor. Motion carried. 3.2. City Council -Planning Commission Workshop of July 7 2003 CM Struthers motioned adoption. Seconded by CM Scharber. All in favor. Motion carried. 4. Open Forum: (5 minute limit) 4.1. Special Presentation - People Service - revised contract Mike Robertson reviewed People Service's request for a rate increase. Ted Field of Bonestroo discussed how the sewer plant's estimates for operating hours are derived. CM Heidner motioned we sign the Fifth Amendment to the People's Service Contract they have enumerated their tasks and have verbally agreed to do the plan review for new plant. Seconded by CM Struthers. All in favor. Motion carried. 4.2. Special Presentation - West Otse-go Wastewater Treatment Plant Plans - Ted Field, Bonestroo & Associates Ted Field introduced Karen Cabert and Glen Gustafson from his firm. Mr. Field presented the Plans and Specs for the West Treatment Plant and requested authorization to go to bid. City Council Meeting of July 28, 2003. Page 2. CM Heidner motioned to approve the Plans and Specs for the West Wastewater Treatment and to send out for bids. Seconded by CM Wendel. All in favor. Motion carried. Rick Grupa, 17949 62°d Lane NE, asked for the development credit due him from both Otsego and Dayton. Mike Robertson explained he has billed Dayton for their share but Dayton hasn't paid. Mayor Fournier motioned to pay Mr. Grupa Otsego's share of $2,129.00 and for City Attorney to write to the City of Dayton asking them to pay Mr. Grupa. Seconded by CM Struthers. All in favor. Motion carried. 5. Consent Agenda. (Non -controversial items 5.1. Approve Claims List. 5.2. Resolution approving Public Works truck purchase. CM Struthers motioned adoption. Seconded by CM Scharber. All in favor. Motion carried. 6. Dan Licht, City Planner: 6.1. Sunray Farms: A Rezone property from A-1 to R-6 Medium Density Housing. B Preliminary Plat for development of 155 single-family units, which some are located within a Shoreland Overlay District. Dan Licht presented the Planner's Report. Ron Wagner presented the Engineering Report. Jason Osberg, applicant for Tollefson Development, agreed with the staffs conditions. CM Wendel asked about the height of the fire hydrants along CSAH 19. Mr. Wagner explained they require extensions as needed. CM Heidner was concerned with the size of the lots and would like to see a curvilinear design in the East/West Street. CM Struthers motioned to approve the rezoning of the area of the subject site from A-1 District to R-6 District as consistent with the policies of the Comprehensive Plan. Seconded by CM Wendel. All in favor. Motion carried. CM Heidner motioned to approve the preliminary plat of Sunray Farms, subject to the 11 conditions listed in the Findings of Fact adding to work with CP to put a slight bend in the middle street curable pattern to the east west street. Seconded by CM Struthers. All in favor. Motion carried. City Council Meeting of July 28, 2003. Page 3. 6.2. River Place: A. Rezone from A-1 to R-4 Residential Urban Single Family District and R-6 Residential Townhouse, Ouadraminium and Low Density Multiple Family District. B. Preliminary Plat to develop a residential development consisting of 67 single family detached units and 80 lodge units. C. PUD/CUP to plat the dwellings in a unity and base lot configuration. Dan Licht presented the Planner's Report. Ron Wagner presented the Engineering Report. The applicant, Ray Baird of Orrin Thompson, stated he agrees with the report's conditions. Mayor Fournier asked what the percentage of town homes and single-family homes. Mr. Licht said the ratio is about 50150. CM Scharber asked why there are no sidewalks. Mr. Licht explained when Riverpointe was done, sidewalks were not required and this development, which adjoins Riverpointe, should be consistent. CM Scharber also would like to see the rock landscaping separating the twin driveways be removed because it interferes with snowplowing. CM Wendel would like to see variations in color and design of the town homes. CM Heidner asked where the temporary road into the treatment plant will be placed. Mr. Baird explained the temporary road will run at an angle from the northwest through his subdivision until developed out and then the road will run along the northern edge of this subdivision. CM Heidner also wants a condition that the Homeowner's Association cannot restrict parking on their private drives. CM Struthers motioned to approve an amendment of the current subdivision moratorium allowing for the transfer of 45 exempted lots from the Riverpointe Preliminary Plat to the proposed River Place Preliminary Plat. Seconded by CM Scharber. All in favor. Motion carried. CM Struthers motioned to approve a Zoning Ordinance amendment to rezone the subject site from A-1 District to a mix of R4 and R-6 Districts based on a finding that their request is consistent with the direction of the Comprehensive Plan. Seconded by CM Scharber. All in favor. Motion carried. CM Heidner motioned to approve the PUD -CUP and Preliminary Plat for River Place based on the a finding that the request is consistent with the requirement's of the Comprehensive Plan. Subject to the 12 conditions listed in the Findings of Fact with condition No. 4 modified by the City Planner and guest parking areas to be maintained without restriction. Seconded by CM Scharber. All in favor. Motion carried. City Council Meeting of July 28, 2003. Page 4. 6.3. Martin Farms: A. Rezone from A-1 to R-4 Residential Urban Single Family District and R-6 and R-7 Residential Townhouse, Quadraminium and Low Density Multiple Family District. B. Environmental Assessment Worksheet. C. PUD -CUP for Unit/Base lot subdivision and base district Performance standard flexibility. D. Preliminary Plat for development of 927 lots. which some are Located within a Shoreland Overlay District. Dan Licht presented the Planner's Report. Ron Wagner presented the Engineering Report. David Sebold of Insignia Development, the applicant, stated he agreed with the Reports` conditions. Mr. Sebold noted that the Homeowner's Association will maintain the private parks. He agreed to build MacIver wider than required and he will be reimbursed for these costs as the area around him develops. CNI Struthers motioned to rezone the subject site to R-4 District and R-6 District based on the Martin Farms preliminary plat based on a finding that the request is consistent with the Comprehensive Plan. Seconded by CM Heidner. All in favor. Motion carried. CM Struthers motioned to approve the Martin Farms Preliminary Plat and PUD - CUP subject to the 18 conditions listed in the Findings of Fact. Seconded by CM Scharber. All in favor. Motion carried. CM Struthers motioned to adopt findings that the proposed Martin Farms does not have potential for significant environmental effects and that preparation of an EIS is not to be required based on a review of the submitted EAW and evidence received subject to the 1 condition listed in the Findings of Fact. Seconded by CM Scharber. All in favor. Motion carried. 6.4. Final Plat for Riverwood National (tabled until Aueust 11.2003) 6.5. Final Plat for Pleasant Creek 2nd Addition. Dan Licht presented the Planner's Report. Ron Wagner presented the Engineering Report. CM Scharber motioned to approve the Pleasant Creek Farms 2nd Addition Final Plat, subject to the 9 conditions listed in the Findings of Fact. Seconded by CM Wendel. All in favor. Motion carried. 6.6. Any other business. A. Embers Sign Dan Licht presented the Planner's Report. CM Wendel motioned to approve the Embers Sign. Seconded by CM Scharber. All in favor. Motion carried. City Council Meeting of July 28, 2003. Page 5. 7. Ron Wagner, City Engineer: 7.1. MPCA Letter on East Sewer Expansion CM Heidner motioned to work with the MPCA on these issues in the letter. Seconded by Mayor Fournier. All in favor. Motion carried. 7.2. Shared services Otsego/Albertville Ron Wagner went over his July 23, 2003 memo. Both Tom Bakritges and Don Patton from DR Horton stated they want to work with both cities to get MacIver Avenue built and infrastructure built. Frank Hagen, DR Horton's engineer, stated their current plan does not require sewer from Albertville. The 45 foot deep line is for the commercial part on the Eide property. The Council agreed not to approach Albertville at this time since they feel that Albertville wouldn't contribute any funding for MacIver Avenue. 7.3. Pay Estimate - Page Avenue. CM Scharber motioned for payment of $91,657.73 to Hardrives. Seconded by CM Struthers. All in favor. Motion carried. 7.4. Pay Estimate - 2003 Street Maintenance CM Scharber motioned to approve payment. Seconded by CM Heidner. All in favor. Motion carried. Council directed the Engineer to break this pay estimate into the 2003 Street Maintenance and the 42/39 Intersection, which should be added to the Waterfront Costs. 7.5. Any other Enzineerin2 Items. A. Easement for Kittredge Crossing, Council directed Engineer authority to negotiate. B. Water Tower No. 3 Mr. Wagner recommended looking for a Water Tower No. 3 site on the east side. The Council agreed. 8. Andrew MacArthur, City Attornev: 8.1. Nuisance Update Mr. MacArthur went over his update. 8.2. City wide road access fee. Mr. MacArthur suggested reviewing the City's policy of assessing abutting properties and deferments. No action was taken. 9. Council Items: A. East and West Sewer Plant Update Previously discussed. B. Set an Administrative Subcommittee Meeting. Mayor Fournier and CM Heidner set the meeting for August 12`h at 4 PM. C. David Chase. Mike Robertson explained Dave is currently on unpaid Leave of Absence. City Council Meeting of July 28, 2003. Page 6. 10. Mike Robertson, City Administrator: A. Electric work in Prairie Park. Mike Robertson met with Rose Cassady and an Electrical Engineer who is drawing up specifications and he will distribute for bids. B. Appoint a Building Official Mayor Fournier Motioned to appoint Tim Rochel Otsego's Building Official. Seconded by CM Heidner. All in favor. Motion carried. C. Pay Estimate #3 to American Liberty Construction (S 108,551.28). CNI Struthers motioned to approve Payment #3. Seconded by CM Scharber. All in favor. Motion carried. 11. Judv Hudson. Citv Clerk. A. Consideration of appointments to Planning Commission. CM Heidner motioned to appoint Pam Black as a permanent member of the Planning Commission. Seconded by CM Scharber. All in favor. Motion carried. CM Heidner motioned to appoint Doug Hackman as first alternate to the Planning Commission and Tamara Fallon as second alternate. Seconded by CM Scharber. All in favor. Motion carried. 12. Adjourn by 10 PM. CM Scharber motioned to adjourn. Seconded by CM Wendel. All in favor. Motion carried. Meeting adjourned at 10:4? PM. Fournier ATTEST. J dy Hu ;�N, City Clerk/Zoning Adm.