10-12-09 CCITEM 3_1
OTSEGO CITY COUNCIL MEETING
OTSEGO CITY HALL
OCTOBER 12, 2009
7:00 PM
1 Mayor Jessica Stockamp will call the meeting to order.
Mayor Stockamp called the meeting to order at 7 PM.
Roll Call: Mayor Stockamp; Councilmembers: Vern Heidner, Dan Scharber, Tom
Darkenwald and Mark Thorsted.
Staff: Mike Robertson, City Administrator; Tami Loff, City Clerk; Gary Groen, Finance Director;
Andy MacArthur, City Attorney; Dan Licht, City Planner; Brent Larson; Assistant City Engineer;
Joe Macpherson, Assistant City Engineer; Brad Belair, Public Works Supervisor; Mary Olson,
Utility Billing and Sue Frisch, Accounting Clerk.
Pledge of Allegiance: Mayor Stockamp led in the Pledge of Allegiance.
2 Consider agenda approval.
City Administrator Robertson requested to add item 10.2 Water Tower Report.
CM Heidner motioned to approve as amended. Seconded by CM Scharber. All in
favor. Motion carried.
3 Consider the following minutes.
3.1. September 28 2009 City Council Meeting.
CM Heidner motioned to approve as written. Seconded by CM Scharber. All in favor.
Motion carried.
4 Open Forum: (5 minute limit)
4.1. Certificates of appreciation for Otsego Festival Committee and Otsego Rod &
Custom Car Club.
Mayor Stockamp presented certificates of appreciation to Otsego Festival Committee members
and Otsego Rod & Custom Car Club.
5.1. PUBLIC HEARING: Proposed assessment for delinquent util ft bills unpaid t
fees and charges and unpaid charges related to code enforcement.
A QW Clerk attests to legal notice.
City Clerk Tami Loff attested that all proper noticing, publishing and posting was completed.
B Comments by Cary Attorney.
City Attomey MacArthur reviewed the procedure.
C Presentation of proposed assessment roll.
City Planner Licht presented the proposed assessments. Utility total $80,948.93, Code
Enforcement total $9,500, Grass Mowing total $40,664.60 and Unpaid Development Fees and
Charges total $14,928.38. Because mail was not delivered today on Columbus Day any payments
post marked and received tomorrow will be taken off the assessment. City Planner Licht also said
that a letter was received from Mr. Richard Foley asking for a payment plan. City Attorney
MacArthur said that the City Council can give authority on payment plans to Cay Groen in the
motion.
D. Public comments.
Mayor Stockamp opened the Public Hearing at 7:11 PM. No public comments.
E Close the public hearing.
City Council Meeting October 12, 2009. Page 2.
Mayor Stockamp closed the Public Hearing at 7:12 PM.
F. Adopt Resolution 2009-35.
CM Scharber motioned to approve assessment roll dated 10-2-09 at 8 % interest and
give Finance Director Groen authority to make a payment plan with Mr. Foley.
Seconded by CM Thorsted. All in favor. Motion carried.
6. Consent Agenda. (Non -controversial items).
6.1. Approve Claims List.
6.2. Approve Final Payment to Omann Brothers paving in the amount of $2,687.50
for WW`TF & Pumphouse #2 Paving Project.
6.3. Approve Low Bid for Bio -Solids Hauling.
CM Thorsted motioned to approve. Seconded by CM Heidner. All in favor. Motion
carried.
7. Unfinished Business.
7.1. Streetlight Request at 93nd and Parrish Ave.
City Administrator Robertson said he received a request from resident Michael Yoakam for a
street light on his corner at 93rd Circle and Parrish Avenue. Elk River Utilities gave a quote of
$1,900-2,000 per street light. It would be the same cost to install a street light at the other two
intersections on Parrish Avenue which currently lack streetlights. CM Darkenwald asked if we
have proper easement. CM Thorsted asked if this falls into our street light policy. Yes to both
questions. CM Heidner asked what budget item. Finance Director Groen said this will come out
of the Capital Improvement Fund.
CM Thorsted motioned to approve all three street lights. Seconded by CM Heidner.
All in favor. Motion carried.
7.2. Update on Bike Path Crosswalks by Otsego Elementary.
Assistant City Engineer Larson updated the City Council. He would recommend that signage is
not necessary but if City Council wants they can do an advisory sign of 25 MPH with a curve
ahead sign. Public Works Supervisor Belair said when staff met with a concerned resident he
stated that it was local residents speeding and that they agreed to put additional signs at the
bike path. He also said that they would put out the speed wagon. He wanted staff to contact
the school to see if the school would be interested in supplying crossing guards. Mayor
Stockamp said she spoke with the principal from Otsego Elementary and they said it was too far
from school and at that point it is the City's path not the schools. Mayor Stockamp said that
she feels that there should be a sign. City Planner Licht said that staff could draft a resolution
explaining. City Administrator Robertson would contact the resident with an update.
CM Darkenwald motioned for staff to draft a Resolution. Seconded by CM Thorsted.
All in favor. Motion carried.
8. Public Works.
8.1. Consider winter/seasonal employees.
Public Works Supervisor Belair Brad is recommending Curt Ottemess, Brad Sherill and John
Wirtz.
CM Heidner motioned to approve per the memo from Brad BNadr dated October 7,
2009. Seconded by CM Scharber. All in favor. Motion carried.
City Council Meeting October 12, 2009. Page 3.
9. Dan Licht, City Planner.
9.1. Twin Cities Orthopgdic.
City Planner Licht presented the Planner's Report. Assistant City Engineer Larson said plans
have some minor corrections. Applicant Dave Anderson of Frauenshuh, 7801 West 7e St,
introduced Troy Simonson, Administrator of Twin Cities Orthopedic. Mr. Simonson said that
their current space in Elk River was too small and they are looking at growing their practice.
CM Heidner motioned to approve site and building plans and final plat for Twin
Cities Orthopedic subject to the eight conditions listed in the Planner's Report
Seconded by CM Scharber. All in favor. Motion carried.
9.2 Boulder Pass:
A. Zoning Map Amendment.
B. Preliminary Plat/PUD-CUP.
City Planner Licht presented the Planner's Report. Staff meet with the applicant and Dan
Hennam from River Ridge Development. Assistant City Engineer Larson said they have met
with them regarding utilities and that is resolved. With the grading issue they asked that they
get agreements with adjoining property owners.
CM Darkenwald said he will be abstaining from this item and removed himself.
Applicant John Rask, Hans Hagen, said they would like W provide move up housing and would
like to have open spaces and berms. Mr. Rask said he knows that the open space has been an
issue and is asking council to consider accepting it as a city park. CM Scharber said how public
can it be when there is no road frontage and no street parking. Mayor Stockamp said that the
Parks and Recreation Commission asked that same question. City Planner Licht said it is
basically a path with trails. The question is how much credit for park dedication fees.
CM Heidner regarding Condition #8 and the steepness of some of the back yards requiring a
retaining wall are those for the homeowners to take care of Mr. Rask said that the
Homeowners Association would have to maintain the retaining walls. CM Heidner said he has
issues with the amount of material being moved out and he would like to see no retaining walls.
John Darkenwald, adjacent landowner, 15158 70"' Street, said that this is good project and he
is fine with it.
CM Heidner said the retaining walls and the amount of the dirt being moved are his concerns.
The access road would need to be paved with the amount of dirt being moved out. Not
comfortable with giving park dedication credit for the area in the middle. Mayor Stoccamp said
she agrees and the Parks and Recreation agrees with that.
John Rask said a 3 to 1 slope is what is was designed, but City of Otsego requires 4 to 1 slopes,
may need some retaining walls around 4 ft high. There shouldn't be any maintenance issues as
the Association will maintain. Mr. Rask said he would try to minimize the wall. Mr. Rask said
they have experience in setting up Homeowners Associations and getting the paper work done
correctly.
CM Scharber said we have other developments with retaining walls and he doesn't see a
problem with them.
Tom Darkenwald, 7515 Quaday Avenue, said Rottlund has retaining walls maintained by an
association but because it is a town house association that is different.
Hans Hagen, they have been building for 40 yrs and setting up Homeowners Associations. If
you properly set up documents there should be no problems. Regarding the retaining walls, a 3
to 1 slope is what they did in St. Michael and they would like to use that slope in Otsego. Mr.
City Council Meeting October 12, 2009. Page 4.
Hagen said they would like to keep the height of berm as presented and is asking City Council
to consider.
CM Heidner said if they don't pull out as much dirt they will not need retaining walls. There is
more than one way to affect the slope. City Planner Licht said they have worked well with
developer and they might be able to find a way to make these changes.
CM Heidner motioned to approve a Zoning Map amendment rezoning the subject
site to R-5 District based on a finding that the action is consistent with the
Comprehensive Plan. Seconded by CM Scharber. All in favor. Motion carried.
CM Heidner motioned to approve subject to the sixteen coni tines listed the
Planner's report and adding:
6c. Street A shall be constructed as a temporary haul entrance with a rodc
construction access consistent with City Standard Plate SOS shall be provided at the
apron to Street A, subject to approval of the City Engineer.
6g. Active excavation areas shall be limited to not more than 10 acnes to be
restored prior to the next phase of grading subject to approval of the City Engineer.
7. The grading plan shall be modified to provide not greater than 4:1 slopes
witout the need for retaining walls; all grading, drainage and erosion control issues
are subject to review and approval of the City Engineer.
Mayor Stockamp seconded. Motion carried 3-1. CM Scharber opposed and CM
Darkenwald abstained.
9.3. Riverbend Manufactured Home Park:
A. PUD -CUP to allow expansion of an existing office building.
City Planner Licht presented the Planner's Report.
CM Heidner motioned to approve a PUD -CUP subject to the two conditions listed in
the Planner's Report Seconded by CM Thorsted. Motion carried 4-0. CM Darkenwald
abstained.
10. Ron Wagner, City Engineer.
101. Resolution 2009-39 for Smith Pond grading in QtM Commercial Park.
Assistant Engineer Larson presented the Resolution for grading the pond. The pond was
intended to be expanded and money has been escrowed for it -CM Darkenwald asked if this
would come out of the escrow account. Finance Director Groen said yes.
CM Heidner motioned to approve Resolution 2009-39. Seconded by CM Scharber. All
In favor. Motion carried.
10.2 Water Tower Report.
Assistant Engineer Joe Macpherson said he received a call from the Mayor regarding flooding at
Water Tower #2. After reviewing it looks the overflow is from a computer glitch. Mr.
Macpherson estimates 1 to 2 acres of bean field were flooded and the rest went into ditches
and wetland.
City Council Meeting October 12, 2009. Page S.
11. Andrew MacArthur, City Attomey.
11.1. Riverwood National Liguor Violation.
City Attorney MacArthur updated the City Council on the second liquor violation of Riverwood
National.
Chris Bulow, Riverwood National, said they failed but his question is why the officer didnt give
his employee a violation ticket and why they are not prosecuting? Mayor Stockamp said that
staff should request Wright County to attend to find out more information. City Administrator
said he would contact them.
CM Scharber motioned to table. Seconded by CM Heidner. All in favor. Motion
carried.
Mr. Bulow said he requested a liquor off sale license for wine and special occasions and that is
not what he received. City Attorney MacArthur said the City approved what he had requested.
City Attorney MacArthur updated the City Council on the Hospital District and there will be a
closed session at the next meeting to discuss.
12. Council Items.
12.1. Resolution 2009-38 accepting Mark Thorsted's resignation.
CM Scharber motioned to approve Resolution 2009-38. Seconded by CM
Darkenwald. All in favor. Motion carried.
12.2. Review of Council appointment process.
The City Council set a workshop for October 19"' at 6 PM to review process.
12.3. Scharber & Sons Invoice.
CM Heidner motioned to approve. Seconded by CM Darkenwakl. Motion carried 4-0.
CM Scharber abstained.
12.4. Tax Information.
City Administrator Robertson presented.
12.5. Councilmember Thorsted's final remarks.
CM Thorsted thanked everyone. CM Darkenwald said thank you for all your hard work and the
City is a better place because of you. Mayor Stockamp presented a plaque to him and said he
would be missed. CM Heidner said he appreciated CM Thorsted that he put in the effort. City
Administrator said staff would like to thank him for his hard work.
13. Mike Robertson, City Administrator.
City Administrator Robertson said he spoke with MNDOT on posting city identification signs on
Highway 10 and they will get a cost to us.
14. Tami Loff. City Clerk.
15. Adjourn by 10 PM.
The City Council set a workshop for Long Range Planning with staff for November le at 6 PM.
Mayor Stockamp said she spoke with Pat Hilden, Otsego Snowmobile Club President, regarding
snowmobile training. They are working with FOX training and would like to use City Hall or the
Public Works Building for training. City Council agrees.
City Council Meeting October 12, 2009. Page 6.
CM Scharber motioned to adjourn. Seconded by CM Darkenwald. All in favor. Motion
carried. Adjourned at 10:04 PM.
Mayor ]essica Stockamp
ATTEST:
Tam! Loll, City Clerk