08-12-02 CCCITY OF OTSEGO
CITY COUNCIL MEETING
AUGUST 12, 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 Vern Heidner, Jerry Struthers,
and Virginia Wendel. Councilmember Suzanne Ackerman arrived at 6:34 pm.
Staff. Mike Robertson, City Administrator; Judy Hudson, City Clerk/Zoning
Administrator; Karee Rowell, Secretary; Dan Licht, City Planner; Ron Wagner,
City Engineer; and Andrew MacArthur, City Attorney.
Pledge of Allegiance:
Mayor Fournier led in the Pledge of Allegiance.
2. Consider agenda approval.
Mike Robertson requested to add under 9.D. Letter from LandCor and 9.E.
Easement at Kavanagh's property. Mayor Fournier requested to add under 6.3.A.
Letter regarding the Floodplain Management Meeting; 6.3.B. Letter regarding the
County Assistance on Municipal Projects and under 9.1.B. Letter Mike Robertson
sent regarding storm water easement. CM Struthers requested to add under 8.4.
Clean up sites. Andrew MacArthur requested to have Item 8.1. to start at 6:30 pm.
CM Heidner motioned to adopt the agenda as amended. Seconded by CM
Struthers. All in favor. Motion carried.
3. Consider the following minutes:
3.1. July 22, 2002 City Council Meeting.
Correction will be made on signature to say Acting Mayor Heidner to sign the
minutes.
CM Wendel motioned to approve the minutes as amended. Seconded by CM
Heidner. Motion carried 4 to 0. Mayor Fournier abstained.
8.1. Public Hearing for the Vacation of a portion of 87`h Street NE.
Mayor Fournier opened the hearing at 6:35 pm. The floor was open to all
concerned residents.
Jeff Bartheld, 14018 85`h St. NE - Opposes the Vacation of a portion of 87`h
St. NE because homeowners on 85`h Street will need a street extension to split
their lots. Guy Rowe, 14031 87`h St. NE - He is for the Vacation of a portion of
87th St. NE. Mike Gregerson, 8591 Obrian Ave. NE - Opposes the Vacation of
a portion of 87`h St. NE for the same reason as Jeff Bartheld. Stan Schuster,
13984 85`h St. NE - Opposes the Vacation of a portion of 87`h St. NE because he
needs it for access. Bob Cederberg, 8700 Obrian Ave. NE - He is for the Vacation
of a portion of 87`h St. NE because he wants to split his lot.
City Council Meeting of August 12, 2002. Page 2.
Mayor Fournier moved to continue the hearing until September 9, 2002
Council Meeting so staff could prepare a report on these issues. Seconded by
CM Heidner. All in favor. Motion carried.
4. Open Forum: (5 minute limit)
Ellen Miller 6464 Oakwood Avenue NE - Wondering why they are pumping
out water from the holding pond at Long Haul Trucking. The culvert is plugged
and the flow is draining onto her property. Ron Wagner explained the pipe will
be replaced soon by the railroad.
4.1. Special Presentation:
Interview with Pam Black for 2nd Alternate on the Planning Commission.
CM Heidner motioned to appoint Pam Black for 2nd Alternate on the
Planning Commission. Seconded by CM Ackerman. All in favor.
Motioned carried.
5._ Consent Agenda. (Non -controversial items
5.1. Approve Claims List.
5.2. Amended Resolution appointing Election Judges.
CM Heidner motioned to approve the Consent Agenda. Seconded by CM
Ackerman. All in favor. Motion carried.
6. Dan Licht, City Planner:
6.1. Ken and Julie Nathe's request for a PUD Rezoning and Development
Stage Plan for a 6,000 square foot Retail Garden Center.
Dan Licht presented the Planner's Report. Ron Wagner gave his Engineering
Report.
CM Struthers motioned to approve the rezoning to PUD District, PUD
Development Stage Plan subject to the 18 conditions. Seconded by CM
Heidner. All in favor. Motion carried.
6.2. Linda S. Kreuser's, Hoofbeats and Heartbeats, Inc., request for a nine -
Month extension for her CUP for a Commercial Riding Stable.
Dan Licht presented the Planner's Report. Owner Greg Kreuser asked about
putting up a sign, which Dan Licht will give him the information.
CM Heidner motioned for approval of the nine month extension of the CUP
to April 23, 2003. Seconded by CM Ackerman. All in favor. Motion carried.
6.3.A. Letter regarding the Floodplain Management meeting.
Dan Licht said the updates will be included in the Zoning Ordinance amendments.
6.3.B. Letter regarding the County Assistance on Municipal Projects.
No action was taken.
7. Ron Wagner, City Engineer:
7.1. Consider Pay Est. No. 1 for City of Otsego Project #02-03 (Waterfront)
City Council Meeting August 12, 2002. Page 3
CM Heidner motioned to approve partial payment for City of Otsego Project
#02-03 (Waterfront). Seconded by CM Struthers. All in favor. Motion
carried. Ron Wagner was directed to get quotes for the bike path extension
on 85`h Street.
7.2. Consider Pay Est. No. 1 for City of Otsego Project #02-01 (Page Ave)
CM Struthers motioned to approve partial payment for City of Otsego
Project #02-01 (Page Avenue). Seconded by Mayor Fournier. All in favor.
Motion carried.
7.3. Discussion of Outlet from Heritage Hills Storm Pond 85`h Road Project.
Ron Wagner presented his Engineering report. Council was in consensus to do
this as part of next year's road improvements.
7.4. Discussion of Railroad Culvert near I-94 Industrial Park.
Ron Wagner presented his Engineering report. The Council directed Ron Wagner
to look over all culverts in that area and then report back with his findings.
7.5. Consider awarding City of Otsego Project #02-07 (85th St Extension).
CM Struthers motioned to award bid to W.B. Miller with conditions.
Seconded by CM Heidner. All in favor. Motion carried.
7.6. Consider awarding City of Otsego Project #02-08 (School Knoll Park)
Ron Wagner presented his Engineering report. After much discussion, the
Council decided to re -bid again in the early part of 2003.
CM Heidner motioned to reject all bids for City of Otsego Project #02-08
Seconded by CM Struthers. All in favor. Motion carried.
8. Andrew MacArthur, City Attorney:
8.2. Consider condemnation and immediate replacement of Aslagson Septic
System due to Public Health concerns.
Administrator Robertson noted the Aslagsons' had not returned his calls or done
any work to correct the problem. Andy MacArthur stated a public hearing
with a seven day notice is required.
CM Struthers motioned to order the hearing and to have the septic pumped.
Seconded by CM Wendel. All in favor. Motion carried.
8.3. Any other Legal Items.
Andy MacArthur informed the Council that the application for Parrish Avenue
was submitted to FEMA.
8.4. Clean Up Sites.
CM Struthers was concerned that John Butler 8439 Ogren Avenue NE and Jerry
Johnson 7976 Odean Avenue NE. has not cleaned up his yard which is cluttered
with vehicles. Andy MacArthur will check on the progress of the legal complaint.
9. Council Items:
A. East and West Sewer Plant Update.
B. Consider ending the EDAAC
City Council Meeting August 12, 2002. Page 4
Andy MacArthur instructed the Council that the EDA has to have a special
meeting to end the EDAAC. Council set an EDA meeting for September 23,
2002.
C. Discussion of City Council Pay.
CM Struthers motioned to approve amended Ordinance 91.04., that
Councilmembers will not be paid if they do not stay for the entire special
meetings. Seconded by CM Wendel. All In favor. Motion carried.
D. Letter from Landcor.
Mike Robertson discussed the letter from LandCor regarding Hwy 101 Corridor
Upgrades. Mike Robertson stated he will call the State to find out how long it
will take to develop the project.
E. Easement on Kavanagh's Property.
Mayor Fournier motioned to offer $1,000.00. Seconded by CM Struthers.
All in favor. Motion carried.
9.1. Mike Robertson, City Administrator:
A. Resolution No. 2002-33 Declaring Intent to Reimburse Capital
Proj ects.
CM Heidner motioned to adopt Resolution No. 2002-33 Declaring Intent to
Reimburse Capital Projects. Seconded by CM Struthers. All in favor.
Motion carried.
9.1.B. Letter sent by Mike Robertson on City storm water easement.
Mayor Fournier thought the letter was great to send to the residents and a copy of
the letter will go into each of their files.
9.2. Judy Hudson, City Clerk.
A. Consideration of Election Judge Pay Increase.
CM Wendel motioned to raise the pay increase for Election Judges to $7.00
per hour. Seconded by CM Ackerman. Motion failed 1 to 3, CM Wendel in
favor, Mayor Fournier Abstained. CM Struthers motioned to increase the
pay to $8.00 per hour. Seconded by Mayor Fournier. Motioned carried 3 to
1. Opposed CM Wendel. Mayor Fournier abstained because his wife is an
election judge.
10. Adjournment:
CM Ackerman motioned to adjourn at 9:47 pm. Seconded by Mayor
Fournier. All in ovor. Motion carried.
City Clerk
Recorded by: Karee Rowell