09-09-02 CCAGENDA
CITY OF OTSEGO
CITY COUNCIL MEETING
SEPTEMBER 9, 2002
COUNCIL CHAMBERS
OTSEGO CITY HALL
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 Suzanne Ackerman, Vera
Heidner, Jerry Struthers, and Virginia Wendel.
Staff: Mike Robertson, City Administrator; Judy Hudson, City Clerk/Zoning
Administrator; Karee Rowell, Secretary; Dan Licht, City Planner, Ron Wagner,
City Engineer; and Andy MacArthur, City Attorney.
City Council Election Candidates: Chris Wilson, Richard Nichols, Mark
Thorsted, and Dan Scharber.
Mayor Fournier led in the Pledge of Allegiance.
2. Consider agenda approval.
CM Wendel requested to have Item 5.1. Claims List moved to 9.D., Mayor
Fournier requested 8.1. Public hearing to follow 3.1. and to add 9.E. East Waste
Water Treatment Plant.
CM Heidner motioned to adopt agenda as amended. Seconded by CM
Struthers. All in favor. Motion carried.
3. Consider the following minutes:
3.1. August 26, 2002 City Council Meeting.
CM Wendel motioned to approve the minutes with the correction on page 5
changing the word application to EAW. Seconded by CM Ackerman. AU in
favor. Motion carried
8.1. Continuation of Public Hearing for vacating a portion of 87th Street NE
(6:35 PM)
Andy MacArthur stated the public hearing is a continuation and was not closed, so
the hearing can begin. Dan Licht presented the Planner's Report on vacating the
87th Street portion. Ron Wagner gave his Engineering Report. Mayor Fournier
asked about future development and access to the 87th Street. Stan Schuster,
13984 85th St. NE - is against closing the portion of 87th St. and feels it is an
asset to him. George Rowe, 14431 87th St. NE - spoke for his father Guy Rowe
and he would like 87th St. vacated. Mr. Cedarberg did not attend the hearing.
Hearing no further comment, Mayor Fournier closed the public hearing at 6:47
pm. Council requested that all three adjacent landowners come in with an
agreement for the council meeting on October 28th.
City Council Meeting of September 9, 2002. Page 2
Mayor Fournier motioned to table vacating portion of 87th Street NE. until
October 28, 2002. Seconded by CM Heidner. All in favor. Motion carried.
4. Open Forum: (5 minute limit)
4.1. Special Presentation by residents in Heritage Hills for vacating
Obrian Avenue going into Ochoa Avenue.
Grant McMillen, 8391 Obrian Avenue NE. - spoke about the speeding problem
and would like to have the road closed going into Walesch Estates Addition. Peg
Reichmuth, 8338 Obrian Court NE. - complained that her children were almost hit
by these speeders and then were sworn at, this goes on a lot. Patrick Kain, 8313
Ochoa Court NE. - people have driven up into their yard repeatedly. Shellv
Brown 8210 Ochoa Ave. NE. - Spoke on how stop signs are being run through;
has talked to several police officers, but nothing has changed. Margaret Huber,
8388 Obrian Ave. NE. - had the same complaints as well. Stephanie McCool,
8221 Ochoa Ave. NE. - mentioned a house that has a lot of suspicious traffic
going on. Dave Larkin, 8420 Obrian Ave. NE. - talked about how he doesn't even
let the kids play in the front yard because he is worried about their safety. Ron
Wagner said they could put up a three way stop, but if they won't stop now they
probably won't stop with another sign added. The Heritage Hills residents
requested a speed sign to be put up. CM Heidner said it sounded like some
drivers would go around any barriers that were put up. He said he was very
frustrated with the Sheriffs response. CM Wendel thought more tickets should be
given out. Mark Hansen, 8232 Obrian Ave. NE. - talked in the winter it is the
snowmobiles speeding and a drag strip in the summer. Bill Liberko, 8264 Ochoa
Court NE. - Issue is speeding. City Attorney MacArthur said the City would face
liability issues if it closed the road. Dan Licht noted the City has required road
connections between neighborhoods to take local traffic off collector roads. CM
Struthers suggested a letter to be sent to the Sheriffs Dept. and also speed counts
at all exits, children at play signs to be put up. Deputies should spend a lot more
time there and give out tickets. Mayor Fournier suggested that the Heritage Hills
residents keep the Council posted of any changes and to come back to future
Council meetings.
Mark Thorsted, 7857 O'Day Circle NE. - mentioned there is a street light out at
78`h O'Day Circle.
Brian Lugent, 14438 91s' St. NE - asked what the status is on his neighbor's junk
yard. Dan Licht said a letter was sent out and that it has been turned over to the
City Attorney.
City Council Meeting of September 9, 2002. Page 3.
5. Consent Agenda. (non -controversial items)
5.1. Approve Claims List.
Moved to 9.D.
6. Dan Licht. City Planner:
6.1. Applicants Dale and Allen Valerius.
A. Rezoning from A-1 to A-2 (Agricultural) District.
B. Two Preliminary Plats to create two single-family lots.
Dan Licht presented his Planner's report. Ron Wagner gave his Engineering
report.
CM Heidner motioned to approve a Zoning Map amendment rezoning the
subject site from A-1 District to A-2 District based upon a finding that the
request is consistent with policies of the Comprehensive Plan. Seconded by
CM Ackerman. All in favor. Motion carried.
CM Heidner motioned to approve the preliminary and final plat of the two
lots by the findings subject to the six conditions listed in the Findings of Fact.
Seconded by CM Wendel. All in favor. Motion carried.
6.2. Applicant Clem Darkenwald:
A. Rezoning from A-1 to B-3 (General Business) District.
B. Preliminary Plat for a PUD General Development Plan/CUP
to allow a shared driveway and lots without direct access to a*
Public Street.
Dan Licht presented his Planner's report. Ron Wagner gave his Engineering
report. John Darkenwald said they donated the land to the county years ago and
were promised that they could have access to County Road 42. Michelle Caron
with RLK-Kuusisto LTD. - showed the plan for land use and phasing of
development. Mayor Fournier and CM Heidner both objected to the county
saying that the proposed access to County Road 42 would not receive county
approval. Mike Robertson stated that the City would not assess Darkenwald for
the construction of Quaday, they would have to pay their share up front as part of
2°d Phase approval.
CM Heidner motioned to approve a Zoning Map amendment rezoning
portions of the subject site from A-1 District to B-3 District based on a
finding that the action is consistent with the Comprehensive Plan. Seconded
by CM Ackerman. All in favor. Motion carried.
CM Heidner motioned to approve PUD -CUP and Preliminary lat for the
Quaday Addition, subject to the 12 conditions listed in the Findings of Fact.
Seconded by CM Struthers. All in favor. Motioned carried.
City Council Meeting of September 9, 2002. Page 4.
6.3. Applicant Quest Development:
A. Comprehensive Plan Amendment to change the Land Use Plan
From Industrial to Low Density Residential Use.
(Keith Vetsch Land, Sections 22 and 27, Range 24)
Dan Licht presented his Planner's report and Ron Wagner gave his Engineering
report. Larry AuBuchon, with Quest Development felt the land was too far from
the interchange to be industrial. Doug Lindenfelser, 9364 95h St. NE asked
about the new sewer plant and wondering if there will be an access to Kadler on
94.
CM Struthers motioned to deny the Comprehensive Plan Amendment to
change the Land Use Plan from Industrial to Low Density Residential Use
based on the Findings of Fact. Seconded by Mayor Fournier. All in favor.
Motion carried.
6.4. Consideration of approving Final Plat for Pheasant Ridge 6m Addition.
Dan Licht presented his Planner's report. Ron Wagner gave his Engineering
report. Mike Robertson said the applicant had no problem with any of the
conditions. CM Heidner suggested a change of the cul-de-sac and to have 761"
Street tie into Palisades Avenue NE.
CM Heidner motioned to approve Final Plat subject to the approved 6
conditions with the modification of #4. Seconded by CM Struthers. All in
favor. Motion carried.
7. Ron Wagner. City Engineer:
7.1. Amendment to Cooperative Agreement between Wright County and
Otsego.
CM Heidner motioned for the approval of Amendment to Cooperative
Agreement with Wright County and City of Otsego. Seconded by CM
Wendel. All in favor. Motion carried.
7.2. Discussion West Otsego Stormwater Plans.
Ron described the status of the Otsego Creek Stormwater Plan.
7.3. Other Engineering Business.
None.
8. Andrew MacArthur. Cily Attorney:
8.1. Continuation of Public Hearing for vacating a portion of 87', Street NE
(6:35 PM). See 3.1.
8.2. Other City Attorney Business.
Andy MacArthur updated Council on the Lefebvre Creek easement settlement
status.
City Council Meeting of September 9, 2002. Page 5.
9. Council Items:
A. East and West Sewer Plant Update.
None
B. Consider City Assessor Contract.
CM Struthers motioned to approve the City Assessors' Contract. Seconded
by CM Wendel. All in favor. Motion carried.
C. Advertisement for Building Official.
The council decided not to advertise for the building official. Jerry Olson's
contract runs through 2003 and he agreed to reduce his percentage to 30 percent.
D. Claims List:
CM Wendel asked for an explanation for Kolles property for crop damage. Mike
Robertson explained crops will be destroyed as part of the de -watering process.
CM Heidner motioned to approve the Consent Agenda. Seconded by CM
Ackerman. All in favor. Motion carried.
E. East Treatment Plant Expansion:
Mayor Fournier said that Ken Croteau is having flooding problems due to dirt
being piled in a low area and asked Administrator Robertson to take care of it.
9.1. Mike Robertson, City Administrator:
A. 2003 Preliminary Tax Levy.
Mayor Fournier motioned to adopt the 2003 Preliminary Tax Levy.
Seconded by CM Ackerman. All in favor. Motioned carried.
9.2. Judy Hudson, City Clerk.
A. Order more recycling bins.
CM Wendel motioned by order more recycling bins. Seconded by Mayor
Fournier. All in favor. Motion carried.
10. Adjournment:
CM Ackerman motioned to adjourn at 10:05 pm. Seconded by CM Wendel.
Recorded by: Karee Rowell