10-08-07 CCOTSEGO CITY COUNCIL MEETING
OTSEGO CITY HALL
OCTOBER B, 2007
6:30 PM
1 Mayor Lany Fournier will call the meeting to order.
Mayor Fournier called the meeting to order at 6:30 PM.
Roll ti: Mayor Larry Fournier; Councilmembers: Vern Heidner, Jessica
Stockamp, Mark Thorsted and Tom Darkenwald.
Staff: Gary Groen, Finance Director and Acting Administrator; Judy Hudson, City
Clerk/Zoning Administrator; Andrew MacArthur, City Attorney; Dan Licht, City
Planner; Ron Wagner, City Engineer and Brad Belair, Public Works Supervisor.
Pledge of Allegiance: Mayor Fournier led in the Pledge of Allegiance.
2. Consider agenda ate.
Mayor Fournier added 10.1 Resolution 2007-69 Declaring Adequacy of Petition
and Ordering Preparation of Report, Plans and Specifications and Ordering
improvement-Quantrelle Ave; 10.2. Resolution 2007-70 69 Declaring Adequacy
of Petition and Ordering Preparation of Report, Plans and Specifications and
Ordering -Friendship Addition; 11.2 Discussion of Park Land and 11.3. Set a
Special Administration Subcommittee Meeting.
CM H"mr nwtioned adoption as amended. Seconded by CM
Stod amp. All in favor. Motion carried.
3. Consider the foiloWng minutes.
3. 1 Seotember 5, 2007 Council Works6�o.
Mayor Fournier said to remind City Administrator that City Council directed to set
up meeting with all city employees to discuss salaries and beets.
CM Heidner mooned adoption of minutes. Seconded by CM Thorsted.
Ail in favor. Motion carried.
3.2.September 17. 2007 Council Wim•
CM Heidner on review of Grenin's Mississippi noted that City Administrator Mike
Robertson was seating out agreements and they don't need to sign.
CM Heldner motioned to adopt the minutes. Seconded by CM
Stockamp. All in favor. Motion carried.
September 19 2007 C& Council WorkM.
CM Stodcamp motioned adoption. Seconded by CM Heidner. All in
favor. UM
carried.
3.4 September 24, 2007 City Council Meeting.
Mayor Fournier modoned adoption. Seconded by CM Thorste& AN in
favor. Motion carried.
3.5. &Waber 25 2007 Croundl Worms.
CM Thorsted motioned adoption. Seconded by CM teidner. CM
Stodcamp abstained (didn't attend). Motion carried.
City Council Meeting October 8, 2007. Page 2.
4. on Forum: (5 minute limit).
Chris Wilson, is seeking permission for temporary sign at the comer of 101 and
39 as they are having an Art Show in the Cold Stone Creamery Building. City
Planner Dan Ucht said no portable signs, but one installed in the ground would
be acceptable with a sign permit. She thanked the Council for letting the Art
Show be at the Public Works Building during the Otego Festival. She also
requested art classes at the Public Works Building upstairs.
Aaron Grambart, 9412 O'day Ave, received a flyer in his mailbox that a
neighboring house will be used as a Group Home. He would like to know the
process. City Attorney Andrew MacArthur said that the City Hall was made aware
of the flyer and he doesnt know what is being proposed. Andy explained the
state statute allows groups homes as they are licensed by the State. Mr.
Grambart would like to know what will be allowed in the Group Home.
Andy explained they have to go thru a licensing procedure thru the State. The
City wont get an application if it falls within state perimeters as described in
State Statutes. He suggested contacting the State Department of Human
Resources. Dan Licht agreed with City Attorney's comments and said that we do
not have any control or input on Group Homes. Mayor Foumier asked what the
purpose of these types of facilities is. Mr. MacArthur said mental illness or
chemical dependency, and the policy of the State is to get people out of large
facilities into smaller ones. Most suburbs have them.
CM Darkenwaid said that the Department of Corrections talked about level 3 sex
offenders and that you can find out who is registered in our area. Mr. MacArthur
advised that they should find out what type of facility it is going to be and he
also gave him the specific statute. CM Heidner is wondering if the applotion
can be looked at and wants the city to get this information rather than the
residents and directed the City Planner to review the zoning ordinance.
Phyllis Canton, gr Street, stated that she would like to hear from owner of the
home.
30e Toft, 14452 95"' St, owner of the proposed Group Homes, said that the
intent of the facility is an adult coop foster care and there is no Intent do have
sexual offenders. These residents have been pushed out of large facilities.
Clients vary from eating disorders to mental and chemical dependency. Mr. Toft
said that they will be supervised 24/7 and that their Intent to help get these folks
back in the main stream. Mayor Fournier asked how many clierrts. Mr. Toft said
that it would be a max of 4 and that he has the ability to Interview and reject.
He has no intent of working with sex offenders. He said that he received the
permit from Wright County. CM Heidner asked if we can get a copy of the
permit Mr. Toft said he will. CM Sbockamp asked how many staff members. He
said that one adult has to be there at all times and a doctor will stop by once a
week. He said that they will start with clients that need less care. CM Thorsted
City Council Meeting October 8, 2007. Page 3.
asked when this will start Mr. Toft said when patients are available and over age
18. Mr. Toft said that their goal is to give them job skills to go out and get jobs.
CM Heidner asked if they will have alarms if anyone leaves. Mr. Toft said no.
Mayor Fournier asked him if the neighbors have concerns how will you deal with
them. Mr. Toft said that they are welcome anytime to come over and talk to
staff.
Phyllis Cantron, 93`d St, said that they start with people that need less help but
what happens down the road if you don't have enough of them and want to take
on more. You have no alarms, wooded anus etc., what will stop them from
coming on our properties. She has first hand knowledge of these people that
need help etc and she is also concerned with their safety with the traffic from
County Road 39. She has 49 signatures of people that are not happy with this.
She stated that she does feel better after listening to him. She was assured by
Ow County that they will respond to every call they receive. Mr. Toft said that his
only response is that the State governs this and they are complying with all
regulations to open this facility.
Karen Schuster, 9366 O'day Ave, how long is the average stay of dients. Mr. Toff
replied 6 months to 1 year but may be longer if needed. He said that their intent
is to get them out on their own. Mrs. Schuster said that she is concemed with
the property values from this.
Cherie Walton, 9345 O'dean Ave, Said that she does not understand why you
choose this house. Mr. Toft said that suitable for the State asteria of house and
it is private.
Greg Schuster, 9366 O'day Ave, said that he is concerned that County Road 39 is
very busy. He said that we voted Council in and he wants them to make the
decisions and feels that this shouldn't be in the populated area of the City. Mr.
Toft said that everyone is anticipating that these people are disruption to society.
Amy Caldon, 9520 Ogden Ave, asked if these people are forced to go to this
center. Mr. Toft said that it is by their choice and that he interviews them. Mrs.
Caldon said you are planning on taking lower level, is that based on a permit
from the State or by your choice. Mr. Toff replied that it is based on case
workers and that they continue to review. Mrs. Caldon asked if you have
mentally ill people and sac offenders that would be higher levels do you need to
contact the State to get a higher permit. Mr. Toft said that there are no criteria
to get a higher level of permit. She asked if they would need to get a permit for
more people. Mr. Toft said yes they would need to get another permit for more
people.
Gloria Morrissette, 9385 O'dean Ave, asked him if he lived at the home. He said
no but he does own the home. Mrs. Monissette said that on September 22"d
there was a huge bonfire in the woods and they were buming carpet which Isn't
alkw4ed and this is a concern and hope this doesn't continue. Mr. Toft said that
City Council Meeting October 8, 2007. Page 4.
they cut down dead limbs and to his knowledge that was only thing being
burned.
John Lopez, 9680 Ogden Ave, said that there is a lot of concern from neighbors.
He feels that his development would be traveled thru by clients and if these
clients cause problems this is too close and boo populated. Would like city to
make or change ordinance to prevent this type of facility going into a young
growing community. Otsego has a long history of trying to get a better
community to live in. City Planner Dan Licht said that State Statues takes this out
of City Council hands; we can not pass an Ordinance stricter than the State. CM
Heidner asked if the Rental Ordinance applies to this. Mr. Licht said that it would
probably not apply using a residential care facility.
Mr. Lopez said that he challenges the City Council to find some way to protect
the people of Otsego.
Mr. Toft said that if any neighbors have cones he wig be there this evening
and available. Mayor Fournier asked what would cause you to turn down
someone. Mr. Taft said if a case worker thought it would not be a good match.
CM Darkenwald asked why this house is only allowed 4 when State said 6. Mr.
Toft said it depends on varus counties. CM Darkenwald asked who governs
this.
Mr. Toft said that it is a combination of State Human Resources and Wright
County. He said that it needs to pass an inspection, background check and ger
certified by state. Wright County follows state mandates and Wright County
Case Workers work with us. He said that they will have their license within two
weeks. It will be inspected by Wright County periodically.
CM Stockamp asked if his clients will have their own cars. He replied both theirs
and ours.
Mayor Fournier said that he is very concerned with the activities going on In the
City that we have no ability to control and to asked Council to direct staff to
research ordinances. CM Heidner said to Mr. Toft that he is not unappreciative
to what he is doing, but no one wants this in their back yard and Mr. Toft said
that he has no problem installing an alarm system to alert if someone leaves.
Mr. Licht will report back at the next City Council meeting on October 22, 2007.
Mrs. Schuster said that the flyer was worded with concern of sexually level of
offenders and people who are violent.
Mr. Toft said that hopefully he has educated citizens. CM Heidner asked if dents
can leave. Mr. Toft said that they have rights.
Mr. Licht will research the track records and qualifications of Mr. Toft.
Mr. Taft said that his partners work in Anoka County Treatment and Adult Foster
Care. CM Darkenwald said that he would like the two other partners of at next
meeting.
Mr. Lopez asked if this will cost the city any financial impact. Mayor Fournier said
that they have just spent money for staff research and it could create more
City Council Meeting October S. 2007. Page S.
patrolling but he is not sure. Mr. Lopez said he would like to see what the costs
are.
5, Consent A9enda (Non -controversial i sm 1.
5.1. Approve Claims List.
5.2. Ordinance 07-14 amending Ordinance 07-09.
5.3. Approve Pay Request to Bonestroo in the amount of $3,317.66 for
WWTF West & East.
5.4. Approve Pay Request #1 for Otsego Creek North Drainage
Improvement to Kotila Excavation in the amount of $34,734.80.
5.5. Approve Pay Request #1 for Well #8 & Raw Water Line to Rice
Lake Construction in the amount of $83,207.84.
5.6. Approve Pay Request #3 for Sewer Extension to Grenins
Mississippi Hills to Kober Excavating, Inc in the amount of
$27,096.57.
5.7. Approve Pay Request #8 (Final) for 7e St Water & Sewer to
LaTour Construction in the amount of $36,719.60.
5.8. Approve Pay Request #1 for Well #3 Redevelopment to E.H.
Renner & Sons, Inc. in the amount of $11,915.85.
CM Hehner motioned adoption of cmumnt Agenda. Seconded by CM
Da*enwald. AN in favor. Nation carried.
6. Old Business.
6.1. R=nIfion Certificates for the MM MOW CMMRWB-
Mayor Fournier and Council passed out the Recognition Certificates and thanked
them for the success of the Festival. CM Thorsted thanked the members. CM
Heidner said that it was fun and he enjoyed it. CM Stockamp thanked them for
covering all age groups. CM Darkenwald also thanked them for all the hard
work and said that he always Fars good feed back.
Tessa, on behalf of the Festival committee presented a plaque to Chair Rase
Cassady and also presented a plague to the City for their assistance.
6.2. Kurt Niedermeler/Brad Belair, disicussim of ENIneering Manual.
Public Works Supervisor Brad Belair said that he looks for all this to tie into Public
Maintenance, he had commented on mailboxes and push outs and will continue
to push for standard mail box design for safety and maintenance.
CM Thorsted motioned to adopt the new Engineering Manual Changes.
Seconded by CM Stockamp. All in favor. Motion carried.
7. Public Works.
71 Approve Job Description and Salary for new Public Works Position.
Brad Belair went over the new Public Works Position. He is recommending
reducing the seasonal position to 24 hours per week and when needed for
snowplowing. CM Heidner asked if the miles have increased. Mr. Belair said yes,
Queens Ave, more bike paths and a lot of dead ends. City Engineer Ron Wagner
City Council Meeting October S. 2007. Page 6.
said also the new frontage road along Highway 101. Finance Director Gary Groen
said that they have in the 2008 budget 24 hours a week for seasonal workers
and for one full time additional person.
CM Darkenwald motioned to advertise for a full time maintenance.
Seconded by CM Stodcamp. All in favor. Motion carried.
Brad showed the first new signs his department completed. Brad invited all City
Council to tour the sign shop at next Public Works Sub Committee meeting on
Monday.
8. Dan UgMC& Planner.
8.1. Riverbend South Final Plat.
Dan Ucht presented the Planner's Report.
Brian Braemer, of Darkenwaid Real Estate, was present and agreed with the
Planner's Report.
Mr. Ucht said that the developer is requesting park and trail dedication
requirements not be applied to the gas line easement within the plat. Mr. Ucht
said that the Subdivision Ordinance exempts right-of-way for major collector or
arterial streets and wetlands from park dedication requirements, but that the gas
line easement is a private agreement between the landowner and gas company.
Mr. Licht also said that City staff recommended changing the sidewalk a" 72nd
Street to a trail for which the developer receives credit for constructing. Council
Member Heidner agreed with City staff that the gas line easement should be
subject to park and trail dedication requirements, recognizing that the credit for
the recommended trail along 72nd Street will likely be more than the cash fee
paid for the area of the gas line easement
CM Heidner nwtloned to approve the Final Plat far Rivarbend South
subject to the seven conditions listed in the Findings of Fact Seconded
by CM Stockamp. CM Darkenwaid abstained. Motion carried.
8.2. T -Mobile QJP.
Garry from Owl Engineering, showed the proposed tower coverage. He said that
they are looking at a 70 foot tower. CSI Heidner asked what Elk River's tower
height is. Garry said 150 fleet. He said that he uses height and terrain to
caluculate for his coverage maps.
CM Heidner said what you are saying is that we can expect more antennas and it
seems moving one in our commercial area makes sense. Garry said that they will
put one in if needed.
Mayor Fournier asked Mr. MacArthur what if we turned this down but our
Ordinance says if they have a need they can. Mr. MacArthur said that is why we
had the engineering report and it appears that they are meeting the Ordinance.
CSN Heidner said it doesn't appear that they met the co -location requirement
Mr. Ucht said that City Staff is recommending that the City Council deny the
variance as the agreement between T mobile and the Property Owner regarding
City Council Meeting October 81 2007. Page 7.
the location of the tower will not allow for a structure taller than 70 feet that also
complies with the setbacks required by the Zoning Ordinance.
CM Heldner motioned to deny the variance application based on the 3
findings listed in the Findings of Fact. Seconded by Mayor Fournier. AN
in favor. Motion carried.
CM Heidner motioned to deny a Conditional Use Permit for consbuWon of a PWS
tower and antenna based on the lack of ability to co locate and not looking at
other sites. Motion failed for a lack of a second.
CM Thorsted nwtiomW to approve the Conditional use Permit for
construction of PWS tower and antenna subject to the five conditions
listed in the Planner's Report with exception of Condition Number 1
changed to 70 feet. Seconded by CM Darkenwald. CM Heldner voted
against. Motion carried 4-1.
' ' • 1 I a
10. _Andrew Mac/Arthur,ity AMM.
[.
CM Heidner named adoption of Resolution 2007-69 Declaring
adequacy of petition and ordering preparation of reporto plans and
specifications and ordering imle Avenue.
Seconded by CM Darkenwaid. AR in favor. Motion carried.
CM Heldner motioned adoption of Resolution 2007-70 Declaring
adequacy of petition and ordering preparation of report, plans and
specifications and ordering improvement Friendship Addition.
Seconded by CM Thorsted. All in favor. Motion carried.
11 Council Item.
11.1. Discusslon of (mailbox replacement on Courft Roads.
CM Stockamp said that we received a letter two months ago from the Mpls Post
Office, laying out a process for moving mailboxes to the other side of the road.
Memo said it is about 70 residents that it affects. CM Heldner said that he has
noticed that a lot of residents on Parrish and County Road 39 have already
moved their mailboxes. CM Heidner said that he supports having the
homeowners move their own mailboxes. Council asked Mr. Robertson to put
together a plan with costs. Find out if County had these swing arms with boxes
and the lost. Also check out the size of the mail boxes.
City Council Meeting October 8, 2007. Page 8.
11.2. Discussion of Park Land.
Mayor Fournier called Mr. Lehn and he is not interested in selling. Dan Licht said
Lennar called back the next day. Parks Commission needs to discuss this. Council
set an Administrative Sub -committee meeting Monday at 9:30 AM, October 15.
12. Gary Groen, Acting City Administrator.
12.1. Approve Insurance Renewal.
Mr. Groen went over the Insurance Renewal.
Mayor Fournier motioned recornnSeconded by CM
Stodcamp. All in favor. Motion carried.
13. Judy Hudson, M Clerk.
13.1. Escrow Account for Timothy and Wendy Lorbiecke.
CM Heldner motioned to refund the $800 out of the City Council
Contingency fund. Seconded by CM Daikenwaid. All in favor. Motion
carred.
14. AdjgUm by 10 PM.
CM Thorsted will be gone for the next City Council meeting.
CM Sbx*amp motioned to adjourn at 9:SO PM. Seconded by CM
Darkenwaid. All in favor. Moon carried.
Mayor Larry Fournier
ATTEST:
audy Hudson, Gtv Gene/Zoning Admin.
Recorded by: Tami Loff, Administrative Asshant