02-25-08 CCOTSEGO CITY COUNCIL MEETING
OTSEGO CITY HALL
FEBRUARY 25, 2008
6:30 PM
1 Mayor Lard Fournier will call the meeting to order.
Mayor Fournier called the meeting to order at 6:30 PM.
Roll Call: Mayor Fournier; Councilmembers: Vern Heidner, Jessica
Stockamp, Mark Thorsted and Tom Darkenwald.
Staff: Mike Robertson, City Administrator; Judy Hudson, City Clerk/Zoning
Administrator; Dan Licht, City Planner; Ron Wagner, City Engineer; Gary Groen,
Finance Director and Tami Loff, Deputy Clerk.
Pledge of Allegiance: Mayor Fournier led in the Pledge of Allegiance.
2 Consider agenda approval.
Mayor Fournier requested to add under Item 9.3 MNDOT letter, 11.2 Resolution
08-08, 11.3 Utilities Rate Ordinance, 11.4. Peavey House Proposal.
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. February 11 2008 City Council Meeting.
CM Heidner said that under 7.3 Uniform Policy; it should say Council agrees not
just CM Heidner.
CM Heidner motioned to approve as amended. Seconded by CM
Stockamp. All in favor. Motion carried.
3.2. February 19 2008 City Council Special Meeting.
Check received from Albertville for MacIver Ave Improvement Project.
CM Stockamp motioned adoption of the minutes. Seconded by Mayor
Fournier. CM Darkenwald abstained as he was not present for
meeting. Motion carried.
4. Open Forum: (5 minute limit)
No one appeared at Open Forum.
5 Consent Agenda (Non -controversial items).
5.1. Approve Claims List.
5.2. Approve Final Payment (#4) to Kober Excavating, Inc. for the
Grenin's Mississippi Hills Sanitary Sewer Extension in the amount of
$7,289.87
5.3. Approve Pay Estimate #1 to Jay Brothers for the Booster Station in
the amount of $52,487.50
5.4. Approve Final Payment (#9) to Knife River for Maciver Ave in the
amount of $57,969.84
5.5. Approve No Parking Resolution #2008-07 for 75t St (MSA
requirement).
CM Stockamp would like clarification on the bill from Bear Alarm. Mr.
Robertson said that Public Works Supervisor Brad Belair will look into
it.
City Council Meeting February 25, 2008. Page 2.
CM Heidner motioned to adopt the Consent Agenda. Seconded by CM
Stockamp. All in favor. Motion carried.
6. Old Business.
No items.
7. Public Works.
No items.
8. Dan Licht, City Planner.
8.1. Eagle Trucking:
A. Environmental Assessment Worksheet (EAW).
B. Interim Use Permit to allow excavation for transport of
sand/gravel.
Dan Licht presented the Planner's Report. City Engineer had no comments. The
applicant is withdrawing the application.
City Attorney Andy MacArthur reviewed the letter received by OCAA attorney
Jeremy Greenhouse. They are requesting the City Council to act on IUP and take
no action on EAW. Mr. MacArthur said this letter will not be part of the record.
CM Darkenwald asked how you deny something that has been withdrawn. Mr.
MacArthur said you can't. Mr. Licht said that if the City denies it will cause
conflict for the property owners. CM Thorsted asked if they will be able to be
back in one year. Mr. MacArthur said it could be sooner.
CM Thorsted motioned to make no decision regarding the EAW based
on the applicant's request to withdraw the related IUP on 19 February
2008 with City Staff directed to notify the Environmental Quality Board
of this action. Seconded by CM Heidner. All in favor. Motion carried.
8.2. Joe Banack:
A. Amend Section 20-95-4 of the Zoning Ordinance regarding
substandard lots within the WS District.
B. CUP to construct a single family dwelling on a substandard
lot with less than 75 percent of the lot area required in the
WS District.
Dan Licht presented the Planner's Report. Ron Wagner went over the drainage.
Applicant Joe Banack presented a survey. CM Thorsted asked how big the lot is.
Mr. Licht said one acre.
Joe Banack, 10168 Jandel Ave, applicant, plans on keeping all the trees possible.
CM Heidner stated concerns with the overall drainage issues in this area. He
feels this should be looked at. Mr. Wagner said that this will not increase any
drainage problems.
CM Heidner commented on condition 4 tree preservation plan. He is concerned
with plan should go further. Would like to see more info on how long. Mr.
MacArthur said that can be done. Mr. Licht said that any vegetation cutting is
subject to the Wild and Scenic. Mr. Wagner said that a stormwater plan could be
done.
CM Darkenwald asked if vegetative cutting restrictions are already in condition #
City Council Meeting February 25, 2008. Page 3.
one. Mr. Licht said that is only 100 feet from the river bluff. Mr. Banack stated
that they had soil borings done and this lot is mainly sand.
CM Heidner motioned to approve Resolution 2008-05 An Ordinance
amending the Zoning Ordinance regarding substandard lots within the
WSRR District. Seconded by CM Thorsted. All in favor. Motion carried.
CM Heidner motioned to approve a conditional use allowing
construction of a single family home on Lot 5, Block 1 Island View
Estates subject to the findings of fact dated February 20, 2008
amending the forth condition to add: "Future removal of any trees
identified to be preserved on the lot shall be subject to the vegetative
cutting provisions of the WS District". Seconded by CM Thorsted. All in
favor. Motion carried.
8.3. Jerry & Judy Hudson:
A Zoning Map amendment rezoning from A-1 District to A-2
District.
B Condition Use Permit to allow a lot with an area of
less than 20 acres.
Dan Licht presented the Planner's Report. Applicant had no comments.
CM Heidner motioned to approve a Zoning Map amendment rezoning
the subject site from A-1 District to A-2 District based on a finding that
the request is consistent with the Comprehensive Plan. Seconded by
CM Thorsted. All in favor. Motion carried.
CM Heidner motioned to approve a CUP allowing a residential lot size
of 8.3. acres within the A-2 District, subject to the four conditions
listed in the Planner's Report dated February 20, 2008. Seconded by
CM Stockamp. All in favor. Motion carried.
9. Ron Wagner, City Engineer.
Ron Wagner went over proposals for tree removal on 70u' Street.
CM Heidner motioned to approve quote from Tree Top Services in the
amount of $3,280, money coming from the road access fees. Seconded
by CM Stockamp. All in favor. Motion carried.
9.2. Water Tower Discussion.
Mr. Hugh Hare, of Phoenix Fabrication, they have purchased Pittsburg Tank and
Tower. The schedule for completion is electric will be in by April 1st, painters in
next 5 to 6 weeks after, then electricians will take a week; site contractor will
take two more weeks. The goal is to have everything done by end of May. Mayor
Fournier said as soon as you are done, a workshop will be held to go over
everything.
9.3. MNDOT Letter.
Ron Wagner referred to letter dated 2-20-08 from MNDOT regarding Interstate
Access Request Modification. He noted that the option of removing two legs of
the I-94/CSAH 37 interchange had been dropped.
City Council Meeting February 25, 2008. Page 4.
10. Andrew MacArthur City Attorney.
11. Council Items.
11.1. Consider Revision of Council Agenda
Andy MacArthur went over the revised wording and feels it is appropriate to
include on the agenda. Council would prefer to vote on any revisions prior to any
changes.
CM Heidner motioned to approve the text on page 2 of this agenda be
placed on all future agendas. Motion failed for a lack of a second.
Staff is directed to revise the wording and the agenda is to reflect old text until
Council approves a change.
11.2. Resolution 2008-08.
Gary Groen went over a Resolution setting the date for Public Hearing for
delinquent utility bills on Monday, April 14 at 6:00 PM.
CM Heidner motioned to adopt Resolution 08-08. Seconded by CM
Stockamp. All in favor. Motion carried.
11.3. Utility Rate Ordinance.
Gary Groen went over the proposed Ordinance. This Ordinance clarifies the
rates for non-residential users.
CM Heidner motioned adoption of Ordinance 2008-07. Seconded by CM
Stockamp. All in favor. Motion carried.
11.4. Peavey House Proposal.
CM Thorsted distributed a letter from Claybaugh Preservation Architecture
outlining their proposal to develop a restoration program for the Peavey House.
CM Thorsted said the Heritage Commission wanted the Council to see that they
are working on a solution but that they will want to review this proposal further
and then come to the Council.
12. Mike Robertson, City Administrator.
13. Judy Hudson, City Clerk.
14. Adjourn by 10 PM.
CM Heidner went over proposed wording on Certificate of Occupancy regarding
its illegal to rent out a home without getting a rental license.
Mayor Fournier motioned to include the new wording. Seconded by CM
Stockamp. All in favor. Motion carried.
CM Stockamp motioned to adjourn. Seconded by CM Darkenwald. All in
favor. Motion carried. Adjourned at 7:47 PM.
Mayor Larry Fournier
ATTEST: &Mi
Tami Loff,Dep Clerk