06-09-08 CCITEM 3_2
OTSEGO CITY COUNCIL MEETING
OTSEGO CITY HALL
June 9, 2008
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: Vern Heidner, Jessica
Stockamp, Mark Thorsted and Tom Darkenwald.
Staff: Mike Robertson, City Administrator; Judy Hudson, City Clerk/Zoning
Administrator; Andrew MacArthur, City Attorney; Dan Licht, City Planner; Ron
Wagner, City Engineer; Gary Groen, Finance Director and Brad Belair, Public
Works Supervisor.
Pledge of Allegiance: Mayor Fournier led in the Pledge of Allegiance.
2. Consider agenda approval.
Mike Robertson requested to add 12.2. Request for Allowing Parking on Street.
CM Heidner motioned to adopt the agenda as amended. Seconded by
CM Stockamp. All in favor. Motion carried.
3. Consider the following minutes.
3.1. May 27, 2008 City Council Minutes.
CM Heidner motioned adoption of the minutes. Seconded by CM
Thorsted. All in favor. Motion carried.
4. Open Forum: (5 minute limit)
No one appeared on the Open Forum.
5. Consent Agenda. (Non -controversial items).
5.1. Approve Claims List.
CM Stockamp motioned adoption of the Consent Agenda. Seconded by
CM Darkenwald. All in favor. Motion carried.
6. Old Business.
6.1. Mailbox Report.
Mike Robertson went over his report. His next step is to notify the residents and
work with the Post Offices on moving the mailboxes. The Council agreed that
City employees will not be involved in helping property owners to move their
mailboxes.
7. Public Works.
Brad Belair had no items.
City Council Meeting June 9, 2008. Page 2.
8. Dan Licht, City Planner.
8.1. Richard Kincanon:
A. CUP to allow a Lot less than 20 acres within the A-2 District.
Dan Licht presented the Planner's Report. Ron Wagner explained that the
current storm water pond should be kept under easement.
CM Heidner motioned to approve a CUP allowing subdivision of a lot
less than 20 acres in size within the A-2 District, subject to the seven
conditions listed in the Findings of Fact. Seconded by CM Stockamp. All
in favor. Motion carried.
8.2. Crimson Ponds North:
A. Zoning Map amendment rezoning to R -4A District.
B. Preliminary Plat for 65 single family lots.
Dan Licht presented the Planner's Report. Ron Wagner presented the
Engineering Report.
Applicant Dennis Backes was present along with David Hagen, Planner and Jeff
Shopek, Engineer. Mr. Hagen went over the history of their application for this
property. They contacted Mr. Rieck regarding easement for gravity sewer
across his lot; they did a design for him showing how lots could be laid out, and
responded to by Mr. Rieck with written comments. They feel they have met City
requirements by revising this plat several times.
Mayor Fournier asked if this meets all the zoning requirements. Dan Licht said
that it meets all the R4A except for possible setbacks from wetlands in three lots.
Planning Commission turned this down because of impact to city utilities from a
lift station. Mr. Wagner said that the City has two other interim Lift Stations in
Otsego Preserve and Riverwood National and they will probably be there for
quite some time. Kurt Neidermeyer, Waste Water Treatment Facility operator,
said the average lift station requires 100 hours of maintenance per year. CM
Thorsted asked how this extra cost would be funded. Dan Licht said that
operator and maintenance of the lift station is funded by sewer and water user's
utility bills.
CM Heidner said he never recalled hearing about a lift station prior to this last
application. Mr. Licht said that in all applications up to this point it was a gravity
system.
Jeff Shopek, Engineer, estimated the cost of the future construction of a gravity
sewer at $250,000.
Mayor Fournier asked the developer how he would address issues heard this
evening. Dennis Backes stated he can't pay the $650,000 Rieck wants for his
property and pay over $250,000 for future sewer construction. Mayor Fournier
asked would you escrow money for gravity sewer? Mr. Backes said he can't
escrow for gravity and put in a lift station.
CM Heidner asked about an assessment on the benefitting property for future
gravity sewer.
City Attorney Andy MacArthur said we could do that by agreement.
CM Darkenwald asked where we are with wetlands.
City Council Meeting June 9, 2008. Page 3.
Mr. Wagner said there are three lots in the wetland area that might have to be
removed due to wetland setback requirements.
CM Thorsted said that he lives across the street but feel this project looks good
and supports assessing the benefitted properties.
Mr. Licht suggested that the developer escrow funds or agree to assessment as
determined by City Engineer and these requirements in the Developers
Agreement.
CM Darkenwald agrees with CM Thorsted on assessing.
There was discussion on assessments; Judy said that assessments wouldn't
happen until this is final platted. Mr. MacArthur said that we would want a
condition on the Preliminary Plat for this.
Mike Robertson suggested that the Developer's Agreement come back to City
Council (Condition 14) for final approval because of these issues. CM Heidner
said his concern is a couple issues, no park fees coming in and the long cul-de-
sac. CM Stockamp agrees.
Mr. Licht explained about future park plans and he feels this is a budget issue.
CM Thorsted feels the developer has been following the ordinances.
CM Darkenwald motioned to approve rezoning the subject site to R -4A
District based on a finding that the action would be consistent with the
Comprehensive Plan and compatible with existing developed
neighborhoods surrounding the subject site. Seconded by CM
Thorsted. Voting For the Motion: Mayor Fournier, CM Darkenwald and
CM Thorsted. Voting Against: CM Stockamp and CM Heidner. Motion
carried three to two.
CM Darkenwald motioned to approve the Crimson Ponds North
Preliminary Plat subject to the 13 conditions(modifying condition 13.
regarding assessments and WAC and SAC fees) listed in the Findings of
Fact including adding the 14th condition to be bought back to City
Council for approval regarding the developers agreement. Seconded
by CM Thorsted.
CM Heidner asked about phasing plans. Mr. Licht they could conditional upon
approval of Preliminary Plat. CM Heidner asked will they be grading just part or
all of the plat. Mr. Wagner suspects that the whole area will be done so it is
balanced. Jeff Shopek agreed that most or the entire parcel would be graded at
same time, then seed and mulch it.
Voting for the Motion: Mayor Fournier, CM Darkenwald and CM
Thorsted. Voting against the Motion: CM Heidner and CM Stockamp.
Motion carried three to two.
8.3. Consideration of Social Host Ordinance.
Dan Licht went over Ordinance.
City Council Meeting June 9, 2008. Page 4.
CM Darkenwald motioned to adopt Ordinance 2008-11 amending
Chapter 5 of the Otsego City Code concerning Social Hosts. Seconded
by CM Stockamp. All in favor. Motion carried.
9. Ron Wagner, City Engineer.
9.1. Consider Resolution Approving Plans and Specifications and Order
Ad for Bids for 2008 Street Maintenance Project.
Ron Wagner went over the proposed projects for 2008 Street Maintenance.
Gary Groen said the money is available in the budget.
CM Darkenwald motioned to direct the City Engineer to prepare a
report on the costs for adding chimneys to all manholes that don't have
them. Seconded by CM Stockamp. All in favor. Motion carried.
CM Stockamp motioned to adopt Resolution 2008-35 approving plans
and specifications and ordering advertisement for bids. Seconded by
CM Heidner. All in favor. Motion carried.
9.2. Review of 70"' Street Shape and Pave Project.
Ron reviewed. He would like to install drain tile in a few places along 70"' street
as there are blowouts due to moisture. In these areas they need to get water
away from the road. He has talked to the Albertville City Engineer who will be
taking this to the Albertville City Council. Funding should come out of the Street
Access Fees.
CM Darkenwald motioned to approve Change Order #3 for $15,852.00
subject to approval by Albertville City Council. Seconded by CM
Heidner. All in favor. Motion carried.
10. Andrew MacArthur, City Attorney.
No items.
11. Council Items.
11.1. Consider Approval of PeooleService Contract.
Mike Robertson said this was reviewed at the Public Works Sub -committee
Meeting. Paul Christianson and Kurt Niedermeyer, PeopleService, were in
attendance. CM Heidner said they should list in the contract an hourly rate for
special projects. CM Darkenwald questioned the 5 year contract vs. the previous
3 year agreement. Mr. Christenson said that 5 year aids them in planning and
the level of support for employees.
CM Heidner motioned to approve the Operation and Maintenance
Agreement and to include an hourly rate. Seconded by Mayor Fournier.
All in favor. Motion carried.
12. Mike Robertson, City Administrator.
12.1. 2007 Training Report.
Mr. Robertson went over the training report. City Council asked to include costs.
12.2. Request for a No Parking on Street.
City Council Meeting June 9, 2008. Page 5.
Mr. Robertson received a call asking for no parking
they will be using the park for a Graduation Party.
Mr. Wagner doesn't see a problem with this. City
Staff making these decisions.
on Kittredge Parkway when
Council is comfortable with
13. Judy Hudson, City Clerk.
13.1. Amending Planning Commission By -Laws.
CM Heidner feels this should apply to all commissions. Mr. Licht will change the
Ordinance to address the concerns.
13.2 Bernina Rental.
Council confirmed agreement to an ongoing contract with a rental price of $1 per
year to maintain the city's lot.
14. Adjourn by 10 PM.
CM Stockamp motioned to adjourn. Seconded by CM Darkenwald. All
in favor. Motion carried. Adjourned at 9:30 PM.
Mayor Larry Fournier
ATTEST:
Judy Hudson, City Clerk/Zoning Admin.
Written by: Tami Loff, Deputy Clerk