06-24-02 CCCITY OF OTSEGO
CITY COUNCIL MEETING
JUNE 24, 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 6:31 pm.
Roll Call: Mayor Larry Fournier; Councilmembers Suzanne Ackerman, Vern
Heidner, Jerry Struthers and Virginia Wendel.
Staff Mike Robertson, City Administrator; Karee Rowell, Secretary; Dan Licht,
City Planner; Andy MacArthur, City Attorney; and Ron Wagner, City Engineer.
Absent: Judy Hudson, City Clerk/Zoning Administrator.
Pledge of Allegiance:
Mayor Fournier led in the Pledge of Allegiance.
2. Consider agenda approval.
CM Wendel requested to discuss the Auditor's Report under Item 9; CM
Struthers requested to add under Item 6.5 Temporary Structure. Administrator
Robertson requested to add under Item 8. Closed Meeting for Easement
settlement; Mayor Fournier requested to add Item 8 Page Avenue Project.
CM Heidner motion to adopt the agenda as amended. Seconded by CM
Ackerman. All in favor. Motion carried.
3. Consider the following minutes:
3.1. City Council Meeting of 06-10-02.
Mayor Fournier suggested on Item 8.3. the Resolution number must be put in.
CM Heidner motion to approve the minutes as amended. Seconded by CM
Struthers. All in favor. Motion carried.
4. Open Forum: (5 minute limit)
Ellen Miller, 6464 Oakwood Avenue NE, has a special issue regarding her
neighbor that built a dike and now it is causing flooding on her property, also her
septic system is in danger. Andrew MacArthur explained this is a property
dispute and the city does not get involved with property disputes. Mike
Robertson stated that her neighbor has complained to the city that manure
solution is draining onto his property. Mike Robertson will send Ellen Miller
a letter addressing her issue; and the neighbor will receive a letter addressing his
issue.
Kim Thiebault, 15683 70`h Street NE, has concerns about the game farm behind
his place. He has been hit twice with shot and his buildings have been hit. He
talked to the DNR and they told him to talk to the city. Council directed this item
be placed on the next City Council agenda.
City Council Meeting of June 24, 2002 Page 2.
4.1. Special Presentation.
A. Senator Mark Ourada addressed the Council in regards to the
recent Legislative session. Senator Ourada stated he supported an increase in the
gas tax for transportation. Mayor Fournier thanked him for his support of the city
in the past.
B. Ron and Tracy Sadowski - Page Avenue Driveway Issue
The Sadowskis objected to their proposed easement agreement. Council directed
staff to meet with them and resolve the issue.
5. Consent Agenda. (non -controversial items)
5.1. Approve Claims List.
CM Wendel motion to approve the Consent Agenda. Seconded by CM
Struthers. All in favor. Motion carried.
6. Dan Licht, City Planner:
6.1. Lefebvre's Carpet:
Dan Licht presented the Planner's Report. Ron Wagner went over his
Engineering Report. CM Heidner noted that when the city's storm sewer is
extended to this property in the future, they can eliminate the on-site storm pond
but will have to pay storm sewer fees to hook into the city system.
A. Administrative Permit to add on 1.3 acre to existing lot.
CM Heidner motion to approve the Administrative Permit to add on 1.3
acres to existing lot. Seconded by CM Wendel. Motion was retracted
because it was not necessary.
B. Rezone detached portion of Parcel to B-3 District.
CM Heidner motion to approve a Zoning Map amendment rezoning that
portion of PID 118-500-154302 subject to administrative subdivision from an
A-1 District to B-3 District designation based upon a finding that the request
is consistent with the Comprehensive Plan. Seconded by CM Wendel. All in
favor. Motion carried.
C. Building and Site Plan Review.
CM Heidner motion to approve site and building plans for Lefebvre's
Carpet, subject to the eight (8) conditions found in the Findings of Fact.
Seconded by CM Wendel. All in favor. Motion carried.
6.2. Otsego Meadows Golf Course.
Dan Licht presented the Planner's Report. Ron Wagner went over his Engineer's
Report. Chris Bulow, 10444 95h Street NE, would like to work with Riverwood
and the existing Vintage Golf Course to be a part of Western Otsego. Alena
DeCandia discussed the potential expansion of the Riverwood Conference Center.
Andrew MacArthur stated the city cannot grant approval for the development to
hook into City sewer because it does not have a permit to build a sewer plant yet.
City Council Meeting of June 24, 2002. Page 3.
A. Rezoning from A-1 District to PUD District.
CM Mayor Fournier motioned to table the rezoning for 30 days.
Seconded by CM Ackerman. All in favor. Motion carried.
B. PUD Development Stage Plan for a residential golf course
Development.
C. Preliminary.
6.3. Consider Final Plat for Otsego Industrial Park 5`h Addition.
Dan Licht and Ron Wagner presented staff reports.
CM Heidner motioned to approve the Otsego Industrial Park 5th Addition
Final Plat with four (4) conditions found in the Findings of Fact.
Seconded CM Struthers. All in favor. Motion carried.
6.4. Pulte Homes request for exemption of Outlot A of the "The Pointe"
From current residential moratorium.
Dan Licht and Ron Wagner presented staff reports.
Mayor Fournier motioned to not exempt Pulte Homes from Moratorium.
Seconded by CM Struthers. All in favor. Motion carried.
6.5. Any other Planning Items.
CM Struthers asked about temporary structures. Dan Licht suggested the problem
be brought up at the Planning Commission meeting. Mike Robertson stated this
would be a good time considering they are going over the ordinances.
7. Ron Wagner, City Engineer:
7.1. Partial Payment for 2002 Street Maintenance Improvement.
CM Struthers motioned to release payment. Seconded by Mayor Fournier.
All in favor. Motion carried.
7.2. Consider Plans & Specs for Stoplights at County Rd 42 & 39.
Mayor Fournier motioned to accept the Resolution. Seconded by Struthers.
All in favor. Motion carried.
7.3. Partial Payment #2 for 85`h Street Watermain Improvement.
CM Heidner motioned to release payment. Seconded by Struthers. All in
favor. Motion carried.
7.4. Consider County Access Agreement.
CM Heidner expressed concern that the County Engineer always wants to take the
easy way out and will just close the road if he thinks there is a problem.
CM Mayor Fournier motioned to strike out the last sentence in
paragraph 5. Seconded by CM Wendel. Motion failed 3 to 2.
Councilmembers Heidner, Struthers, and Ackerman voted against.
County Commissioner Pat Sawatzke suggested the language "The County has a
right to modify the access only if after the problems have been specifically
identified and the City is unable to come up with a solution to address them."
CM Heidner motioned approve the changes. Seconded by CM Ackerman.
All in favor. Motion carried.
City Council Meeting of June 24, 2002. Page 4.
8. Andrew MacArthur. Citv Attornev:
8.1. LandCor, Inc., Release of Escrow.
CM Heidner motioned to release the escrow of $75,000.00. Seconded by CM
Struthers. All in favor. Motion carried.
8.2. Other
Mayor Fournier discussed the easement agreement for Rebecca Emery on Page
Avenue.
9. Council Items:
A. East and West Sewer Plant Update.
B. Consider remodeling of City Hall Kitchen.
CM Heidner motioned to get bids to remove equipment from the kitchen.
Seconded CM Struthers. All in favor. Motion carried.
C. Other Business
CM Wendel questioned the County Auditors report she received. Mike Robertson
explained the report.
Closed Meeting due to Attorney Client Privilege.
CM Heidner motioned to close the meeting at 11:03 pm. Seconded by CM
Ackerman. All in favor. Motion carried.
Attending Mayor Larry Fournier; Councilmembers: Virginia Wendel, Suzanne
Ackerman, and Vern Heidner. Staff: Mike Robertson, City Administrator; Karee
Rowell, Secretary; and Andy MacArthur, City Attorney. CM Jerry Struthers was
asked to leave due to material relating to him.
Andrew MacArthur updated Council on recent decisions regarding City easement
purchases.
CM Ackerman motioned to reopen the closed meeting at 11:06 pm.
Seconded by Mayor Fournier. All in favor. Motion carried.
10. Adjournment
CM Ackerman motioned to adjourn at 11:06 pm. Seconded by CM Wendel.
All in favor. Motion carried.
ayor L ry Fournier
Atte t: Jud udson, City Clerk
Recor ed by: Karee Rowell