06-23-03 CCITEM 3.1_
CITY OF OTSEGO
CITY COUNCIL MEETING
JUNE 23, 2003
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; Council members: Vern Heidner, Virginia
Wendel, Jerry Struthers and Dan Scharber.
Staff: Mike Robertson, City Administrator, Carol Olson, Deputy Clerk, Andrew
MacArthur, City Attorney; Dan Licht, City Planner and Ron Wagner, City Engineer.
Pledge of Allegiance: Mayor Fournier led in the Pledge of Allegiance.
2. Consider agenda approval
Mike Robertson requested to add under Item 9.B. Set date for Sewer & Water Committee
Meeting and City Council Workshop - Parrish Ave. issues. CM Wendel requested to add
under Item 10.B. Police Commission update and discussion on Speed Wagon.
CM Heidner motioned to approve as amended. Seconded by CM Struthers. All in
favor. Motion carried.
3. Consider the following minutes:
3.1. City Council Meeting of June 9 2003
CM Scharber motioned adoption as presented. Seconded by CM Wendel. All in
favor. Motion carried.
3.2. City Council Special Meeting of June 12 2003
CM Heidner motioned adoption as presented. Seconded by CM Scharber. All in
favor. Motion carried.
4. Open Forum: (5 minute limit
4.1. Special Presentation:
Rose Cassady, Chair of Otsego Festival.
Rose asked the Council for a donation for the Otsego Festival. Last year $500.00 was
donated. Council said $1,000.00 was budgeted for this years donation.
Kevin Brand, 8480 Packard Ave NE, Mr. Brand gave a letter to the Council dated 6-23-
03, which he also read. Andy MacArthur stated that when Mr. Brand actually applies to
build a new home the issues would be addressed at that time.
Dan Licht, stated that the 65' setback requirement pre -dates Mr. Brand owning the
property, and the properties present condition is allowed, but change would require
meeting current ordinances, and there is sufficient property for a new dwelling and an
opportunity to use this property.
City Council Meeting of June 23, 2003 Page 2
Kevin Rudek,15160 85`' Street NE, driveway paving issue.
Ron Wagner said there would be a $400.00 per lot credit if residents would want to do
their entire driveway. $2.43 per sq ft. is the quote from Dresel Contracting, Inc. to do the
work separately.
Shari Nordquist, 8190 Packard Ave, concerned with how long the 85`" Street project will
take.
5. Consent Agenda. (Non -controversial items
5.1. Approve Claims List.
5.2. Approve Change Order No. 3 for American Liberty Construction.
5.3. Approve Bond Resolution for S460,000 GO Refunding Improvement
Bonds 2003.
CM Heidner motioned to approve the consent agenda. CM Scharber seconded the
motion. All in favor. Motion carried.
6. Dan Licht, City Planner.
6.1. Larry Swenson's request for:
A. Rezoning from A-1 to A-2.
Dan Licht presented the planner's report.
Ron Wagner asked for 50' dedication on north portion of property.
CM Heidner motioned approval of Zoning map amendment from A-1 to A-2.
Seconded by CM Scharber. All in favor. Motion carried.
B. CUP to create a lot less than 20 acres.
CM Heidner motioned to approve CUP subject to the 6 condition in the Findings of
Fact. Seconded by CM Scharber. All in favor. Motion carried.
6.2. Tim Maher's request for:
A. Rezoning from A-1 to A-2.
Dan Licht presented the planner's report.
CM Heidner motioned to approve zoning map amendment. Seconded by CM
Scharber. All in favor. Motion carried.
B. CUP to create a lot less than 20 acres.
CM Heidner motioned to approve CUP subject to the four conditions in the
Findings of Fact. Seconded by CM Scharber. All in favor. Motion carried.
6.3. Dino Buege for Apex Business Center request for:
A. Text amendment to allow commercial recreational use in an
I-2 District.
Dan Licht presented the planner's report. John Daniels, 6851 Parnel Ave NE, stated that
the typical group using the facility training center would be school age. He will be placing
barriers to block off the rest of the area to address any safety issues. CM Struthers stated
his concern with outside storage issues. John Daniels said he would address the outside
storage problem.
City Council Meeting June of June 23, 2003 Page 3
CM Heidner motioned to approve Zoning Text Amendment. Seconded by CM
Scharber. All in favor. Motion carried.
6.4. Final Plat for Arbor Creek.
Dan Licht presented the planner's report. Ron Wagner commented on the wetlands,
parking, and grading plans. He also addressed WWTP fencing and signage. John Jackels,
Emmerich Development had concerns with three conditions. Condition # 2, # 3, #4. The
applicant is working with the buyers of Barthel Feedlot addressing the 1,000 ft setback
requirement for development. The applicant is asking for more time to apply for a final
plat. They are not entitled to all the pre-liminary platted property and would like approval
of just 97 lots at this time. Andy MacArthur stated that all the property needs to be
platted as buildable lots or outlots. Ron Wagner said the lift station is planned to the East
and the said easements and R -O -W dedication for 80`" Street and MacIver Avenue are
needed. Dan The key is the Zoning was already changed at Pre-liminary Plat approval.
Staff recommends approval subject to the 7 conditions. John Jackels requested to table
application to allow time for final plat changes.
Mayor Fournier moved to table until the next council meeting. Seconded by CM
Scharber. All in favor. Motion carried. Mike Robertson stated that the next City
Council meeting would be July 14`h, 2003. John Jackels did not wish to wait and will do
all he can to be ready for the next council meeting.
CM Heidner motioned to bring off the table. Seconded by CM Wendel. All in
favor. Motion carried.
CM Heidner motioned approval of Arbor Creek Final Plat subject to Findings of
Fact with removal of condition # 4, and insert at the time of recording under
condition # 3. Seconded by CM Scharber. All in favor. Motion carried.
6.5. City of Otse o's request for:
A. Rezone from A-1 to INS District (Institutional District)
Dan Licht presented the planner's report.
CM Heidner motioned approval of Rezoning from A-1 to INS District. Seconded by
CM Scharber. All in favor. Motion carried.
B. Conditional Use Permit to allow a Governmental Water Tower
and to create a lot less than 5 acres
CM Heidner motioned approval of CUP to allow a Governmental Water Tower and
create a lot less than 5 acres. Seconded by CM Scharber. All in favor. Motion
carried.
6.6. Ci of Otsego's request for:
A. Conditional Use Permit to allow a Governmental Wastewater
Treatment Facility.
Dan Licht presented the planner's report.
CM Scharber motioned approval of CUP to allow WWTF. Seconded by CM
Heidner. All in favor. Motion carried.
City Council Meeting June 23, 2003 Page 4
6.7. City of Otsego's request for:
A. Rezone from R-6 to INS District (Institutional).
Dan Licht presented the planner's report.
CM Scharber motioned approval to Rezone from R-6 to INS District. Seconded by
ChI Wendel. All in favor. Motion carried.
B. Conditional Use Permit to allow a Governmental Pumphouse and
Well Facility and to create a lot less than 5 acres.
CNN Scharber motioned approval of CUP to allow a Governmental Pumphouse and
Well Facility and to create a lot less than 5 acres. Seconded by CM Wendel. All in
favor. Motion carried.
6.8. Any other Planning Items.
Mike Robertson requested to move Item 10.B. at this time. Set date for City Council
workshop meeting to address Parrish Ave issues and options. A Meeting date of July 7t',
2003 at 6:00 PM for a council workshop was set. A meeting for council workshop with
Parrish Ave residents was also set for July 31, 2003 at 7:00 PM.
7. Ron Wagner, City Engineer:
7.1. Feasibility Report for Trunk Utility Improvements for Kittredge Crossing.
Ron Wagner presented the Engineering report.
Mayor Fournier motioned to approve Feasibility Report for Trunk Utility
Improvements for Kittredge Crossing. Seconded by CM Scharber. All in favor.
Motion carried.
7.2. Pay Estimate No. 3 to Volk Sewer and Water for $2,473.91.
CM Ileidner motioned approval of Pay Estimate # 3. Seconded by CM Scharber.
All in favor. Motion carried.
7.3. Groundwater Monitoring Wells results.
Ron Wagner presented a report on the monitoring well testing.
7.4. Construction Update.
Ron Wagner gave an update on the 85`h Street Project. The crack sealing project is
scheduled to start June 30`h, 2003.
7.5. Any other Engineering eerin Items.
ems.
CM Wendel asked if staff could monitor speed wagon read outs. Ron explained that their
office is providing a service, but their office could go over the software with staff, if that
is what council would want. Staff will bring suggestions to the next City Council
meeting.
Ron has sent a letter to Ulmer Development regarding corrections on swale issues. The
City will call on their Letter of Credit to finish the work.
8. Andrew MacArthur, City Attorney:
8.1. Nuisance Update.
Andy MacArthur gave an update on the ordinance violations.
CM Struthers asked about property at 7976 Odean Ave NE.
City Council Meeting of June 23, 2003 Page 5
Andy MacArthur asked for direction, stating that property owner could be pursued, but it
could be a drawn out and an expensive issue. City Council requested that an injunction
be pursued.
9. Council Items:
9.1. East and West Sewer Plant Update.
Bonestroo requested a meeting with City Council to review the West Otsego WWTP
plans. A workshop was set for Monday, June 30`h, at 4:30 PM.
Mayor Fournier motioned to adjourn at 10:05 pm. Motion seconded by CNI
Wendel. All in favor. Motion carried.
41ayor L ry Fournier
ATTEST: (QIm:�
Carol Olson, Deputy Clerk
CCMIN.6-23-03 co