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ITEM 3.2A 7.24.2017 MinutesITEM 3.2A OTSEGO CITY COUNCIL MEETING OTSEGO PRAIRIE CENTER JULY 24, 2017 7:00 PM Call to Order. Acting Mayor Heidner called the meeting to order at 7:00 PM. Roll Call: Acting Mayor Vern Heidner; Councilmembers: Jason Warehime, Corey Tanner and Tom Darkenwald. Absent: Mayor Jessica Stockamp. Staff: Adam Flaherty, City Administrator/Finance Director; Daniel Licht, City Planner; Ron Wagner, City Engineer; Andy MacArthur, City Attorney; and Tami Loff, City Clerk. Pledge of Allegiance: Acting Mayor Heidner led in the Pledge of Allegiance. 1. Open Forum. No items. 2. Consider Agenda Approval. CM Darkenwald motioned to approve as written. Seconded by CM Tanner. All in favor. Motion carried 4-0. 3. Consent Agenda. (Non -controversial items] 3.1 Approve Claims List. 3.2 Approve City Council Meeting Minutes. A. July 10, 2017 Meeting, B. July 17, 2017 5:45 PM Special Meeting, C. July 17, 2017 Special Meeting, 3.3 Received Advisory Commission Minutes. A. June 5, 2017 Planning Commission. B. June 13, 2017 Public Safety Commission. C. June 20 2017 Parks and Recreation Commission. 3.4 Motion to Approve Purchase and Installation of a New Replacement Submersible Pump for the West Public Water System's Well 5. 3.5 Approve Contact with ACI Asphalt & Concrete for Trail & Parking Lot Maintenance. 3.6 Pay Estimates/Requests: A. Final Payment to Fehn Companies Inc. for the 70th Street Trail Project. 3.7 Adopt Resolution 2017-59 Accepting the Boulder Creek Improvements. 3.8 Approve a One Day Liquor License for Otsego Lions at the Otsego Prairie Festival. CM Darkenwald motioned to approve as written. Seconded by CM Tanner. All in favor. Motion carried 4-0. 4. Public Hearing: 4.1 Issuance of Revenue Bonds for Guardian Anaels Riverview Landin A. Presentation by Northland Securities. B. Open Public Hearing_ C. Close Public Hearing D. Adopt Resolution 2017-62 Givina Preliminary Approval to Issuance of Revenue Bonds. 1IPage 7/24/17 Mark Beese, Northland Securities, presented. Acting Mayor Heidner opened the Public Hearing at 7:06 PM. Hearing no comments Acting Mayor Heidner closed the Public Hearing at 7:06 PM. CM Darkenwald asked the City Attorney if this is similar to the Albertville deal the City has done in the past. City Attorney MacArthur said yes. CM Darkenwald motioned to approve Resolution 2017-62 giving preliminary approval to issuance of revenue bonds for the Riverview Landing senior housing project. Seconded by CM Warehime. All in favor. Motion carried 4-0. 5. Community Development: 5.1 Riverview Landina: A. Ordinance 2017-09 Establishing A PUD District. B. PUD Development Stage Plan for Guardian Angels Riverview Landing_ C. Preliminary Plat. D. Resolution 2017-63 Vacating Existing Drainage and Utility Easements. E. Final Plat and Resolution 2017-64 ADDrovina a Development Agreement. City Planner Licht presented the staff report. After meeting with the developer this afternoon; City Attorney MacArthur reviewed the suggested changes to the developer's agreement; stating most are not substantial. Acting Mayor Heidner stated he has a concern with Exhibit C, Item 2b, of the developer's agreement; related to a building on an Outlot not to exceed one story. Representative from Guardian Angels Ron Touchette stated the intent is to restrict building heights in order to keep clear sight lines of the Guardian Angels building from and to Highway 101. Giving their residents a clear sight is very important to them. Guardian Angels intent was always to limit the height as well as future business types on those outlots. They would like to see a use compatible to their residents, such as a dentist or doctor's office or something on that line. The City Council agreed with Acting Mayor Heidner. CM Darkenwald said he is not sure what the issue would be if one or two story. CM Warehime referenced Exhibit C, Item 2a, of the developer's agreement; related to the pitched roof requirements. CM Tanner said he feels it limits the potential businesses on these Outlots if we require a certain height. Acting Mayor Heidner said would like to see some sort of five year term agreement then that in five years if the Outlots are not developed we relook at allowing a two story. CM Darkenwald agreed with that. Mr. Touchette said they feel it is important to keep the one story requirement. He said that was the intention all along that is why they purchased those outlots. He said it was recommended by their consultants and part of the original development. CM Tanner said he thought one of the main selling points for these units was the river view and trails. Mr. Touchette said correct but the units are on both sides; so some residents will face the highway. There was discussion on the size of the Outlots. Guardian Angels CFO Troy Hanson gave the Outlot sizes. 2 1 P a g e 7/24/17 CM Warehime said he would be willing to compromise with the Outlot C requirements and allow a five year term but the other he would like to see two stories allowed. Mr. Hanson stated he is surprised with the hold up; he further stated a one story has been discussed lightly in a previous meeting with City Council and also with City staff. CM Warehime stated for the record that this is the first time he has heard of the one story requirement. Tim Dietrich, KW Commercial, said he has a potential buyer for a single level building and possible restaurant on one of the Outlots. CM Tanner asked if other Guardian Angels complexes have this kind of design. Mr. Touchette said yes that Engle House in Albertville has a buffer and that the Elk River Guardian Angels has a buffer. Mr. Touchette stated that if not approved as presented this evening that Guardian Angels would not move forward and they be forced to walk away from this project. Acting Mayor asked City Planner Licht what the height allowance is for the future phase of development. City Planner Licht said that the PUD District specifies that development standards are the same as allowed for buildings within the B-3 District, which for building height is limited to 35 feet; Building height greater than 35 feet may be allowed by a PUD Development Stage Plan, but only if approved by the City Council. CM Darkenwald asked the developer in the future if someone came in with a potential two story for Outlot C or D would you be open to considering it at that time. Mr. Hanson said yes at a future time. City Attorney MacArthur stated that the Outlot Covenants can be renegotiated at any time. CM Darkenwald motioned to adopt Ordinance 2017-09 establishing a PUD District; approve a final plat for Guardian Angels Riverview Landing and a PUD Development Stage Plan for Lot 1, Block 1, Guardian Angels Riverview Landing subject to the conditions outlined in the Findings of Fact and Decision as presented; adopt Resolution 2017-63 vacating existing drainage and utility easements; and adopt Resolution 2017-64 approving a developers agreement with the understanding that Guardian Angels would work with the City in the future on the covenant requirements in hopes of allowing a potential two story on Outlot C or D. Seconded by CM Warehime. All in favor. Motion carried 4-0. 6. City Council Reports and Updates. 6.1 Commission Liaison Updates. A. Planning Commission Liaison CM Heidner. Acting Mayor Heidner reviewed the previous Planning Commission items. B. Public Safety Commission Liaison CM Warehime CM Warehime said the Commissioners met with interested CERT members after the last Commission meeting. 7. Staff Reports and Updates. 31 Page 7/24/17 City Administrator/Finance Director Flaherty gave the following updates; Invite from P & F regarding their Grand Opening; I-94 Corridor Coalition September Washington, DC trip to meet with state leaders for more transportation funding; and July 31 Special meeting at 6 PM. City Engineer Wagner said the Kadler Ave bid was to be opened last week; the Developer requested it to be extended. This will be brought to the August 14th meeting. He also said the 85th Street Reclaim Project (from Page to 84th Street) will begin July 26 and be completed prior to Labor Day. City Attorney MacArthur said the appraisals for the 85th/MacIver Street Project will be brought to a closed meeting on August 14tH 8. Adjourn. CM Darkenwald motioned to adjourn. Seconded by CM Warehime. All in favor. Motion carried 4-0. Adjourned at 8:13 PM. Acting Mayor Vern Heidner ATTEST: Tami Loff, City Clerk 7/24/17 41 Page