09-08-03 CCSTEM 3.2_
CITY OF OTSEGO
00 CITY COUNCIL MEETING
SEPTEMBER 8, 2003
OTSEGO CITY HALL
6:30 PM
1. Mayor Larry Fournier will call the meeting to order.
Mayor Fournier called the City Council Meeting to order at 6:43 PM.
Roll Call: Mayor Larry Fournier; Councilmembers: Vern Heidner, Virginia
Wendel and Dan Scharber. Absent: Jerry Struthers.
Staff. Mike Robertson, City Administrator; Judy Hudson, City Clerk/Zoning Adm.;
Karee Rowell, Deputy Clerk; Andrew MacArthur, City Attorney; Dan Licht, City
Planner; Ron Wagner, City Engineer and Jeff Elliott, Assistant City Engineer.
Pledge of Allem 'ance: Mayor Fournier led in the Pledge of Allegiance.
City Clerk Judy Hudson gave the Oath of Office of Deputy Clerk to Karee Rowell.
2. Consider agenda approval
Mayor Fournier requested to add under Item 2. Consideration of Ordering Plans and
Specs for 87`h Street and Obrian Avenue and under Item 9.c. Set a Public Works
Subcommittee Meeting. CM Wendel requested to add under Item 9. Haunted House
Event. Mike Robertson requested to add under Item 10.2. Dust Coating for Quaday
Avenue. Judy Hudson requested under Item 11 to add VFW Special Events Permit.
CM Heidner motioned to adopt the agenda as amended. Seconded by CM
Scharber. All in favor. Motion carried.
CM Heidner motioned to approve Resolution 2003-77 ordering Improvement and
Preparation of Plans and Specifications for 87`h Street from Odean Avenue to
Obrian Avenue and Obrian Avenue from 85`h Street to the north Plat Line of
Vassuer's Oak Grove Estates. Seconded by CM Scharber. All in favor. Motion
carried.
3. Consider the following minutes:
3.1. August 25 2003 City Council Meeting minutes
CM Wendel motioned to approve. Seconded by CM Scharber. All in favor. Motion
carried.
4. Open Forum: (5 minute limit)
4.1. Special Presentation - Duane Howard Executive Director of Boys & Girls
Club - request for donation.
Mr. Howard asked for a donation to the Boys and Girls Club. There are about 150 kids
from Otsego using the Club. Mayor Fournier said the Council will discuss this at a
Budget Meeting.
City Council Meeting of September 8, 2003. Page 2.
4.2. Approve bids for West Otsego Waste Water Treatment Plant
Karen Cavett from Bonestroo Engineering briefly went over the bids, which she felt were
good and competitive bids. Rice Lake was the lowest bidder at $6,384,000 and she
recommended awarding the bid to them.
CM Heidner motioned to award the bid to Rice Lake Construction plus Alternates
3 and 6. Seconded by CM Scharber. All in favor. Motion carried.
4.3. Open Forum.
Blake Ebner, Elk River resident and a student stated he likes to hunt and fish on the
Mississippi island located right north of Section 18 of Otsego. He was informed by the
DNR that this is in the Otsego No Discharge Zone and he requested the Council to
remove it from the No Discharge Zone. This island is 300 yards from any buildings.
Mayor Fournier said this will be discussed under Planning items.
Jim Aubel, 9840 Kadler Avenue and Dwayne Kanzler 9820 Kadler Avenue stated they
were here previously and again now with concern of speeding on Kadler Avenue. They
requested the Council to help with this issue.
Mayor Fournier directed Mike Robertson to request the deputies to do more patrolling.
Doris Lieske of 15216 85`h Street. She said the contractor finished laying sod last
Thursday and it looks good but they only went up north to the tree line and she requested
to have it extended further. Ron Wagner explained the easement is not maintained like a
yard and that was the line between seeding and sodding. Mrs. Lieske said they will water
and maintain. Council directed the Engineer to extend the sod.
5. Consent Agenda. (Non -controversial items
5.1. Approve Claims List.
5.2. Set Preliminary 2004 Tax Levy at $1,673,967
5.3. Pay Estimate No. 5 to Design Electrical for $38,329.45.
5.4. Pay Estimate No. 6 to Arcon Construction for $4,644.72.
5.5. Pav Estimate No. 1 to CB&I (Water tower #2) for $102,723.50.
5.6. Pay Estimate No. 1 to Traut Wells (Wells # 4 & 5) for $76,997.50.
5.7. Pay Estimate No. 2 to Latour Construction (Trunk SS and access Rd) for
$36,791.05.
5.8. Pav Estimate No. 4 to Dresel (85h Street) for $351,903.91.
CM Heidner motioned to approve. Seconded by CM Wendel. All in favor. Motion
carried.
6. Dan Licht, Citv Planner:
6.1. Suburban Land Development and Design
Rolling Meadows Subdivision
A. Rezoning from Ag to I-2 General Industrial District
B. Preliminary Plat approval.
C. EAW
Dan Licht presented the Planner's Report. Ron Wagner presented the Engineering
City Council Meeting of September 8, 2003. Page 3.
Report. Victor Pecheco, applicant, stated he agrees with all the conditions
Mayor Fournier asked about the plans for sewer and water. Mr. Pecheco stated he will be
petitioning the city for a Feasibility Study for sewer and water.
CM Heidner motioned to approve a Zoning Map amendment rezoning the 25.41
acres west of the proposed Queens Avenue extension from A-1 District to the I-2
District based on finding that the request is consistent with the Comprehensive Plan.
Seconded by CM Scharber. All in favor. Motion carried.
CM Heidner motioned to approve the Preliminary Plat to be known as Rolling
Meadows subject to the 8 conditions listed in the Findings of Fact. Seconded by CM
Scharber. All in favor. Motion carried.
CM Heidner motioned to adopt findings that the proposed Rolling Meadows does
not have potential for significant environmental effects and that preparation of an
EIS is not be required based on a review of the submitted EAW and evidence
received subject to the one condition. Seconded by CM Scharber. All in favor.
Motion carried.
6.2. Scott and Shelley Meneley:
A. Conditional Use Permit to allow relocation of an Accessory
Building.
Dan Licht presented the Planner's Report.
CM Wendel motioned to approve a Conditional Use Permit to allow relocation of an
existing building subject to the 8 conditions listed in the Findings of Fact. Seconded
by Mayor Fournier. All in favor. Motion carried.
6.3. Carl and Joy Swenson:
A. Amendment to the PUD/CUP to make existing—barns conforming
Structures and allow for renovation under R -C District.
Dan Licht presented the Planner's Report.
CM Wendel asked what will be done with the buildings. Mr. Swenson replied the
buildings are full of things and that the floor print will not be changed unless reduced.
Mayor Fournier said he has lived all his life in Otsego and known these barns to be there
that long and these barns will be a benefit to Otsego's heritage. CM Scharber also
commended the Swensons for restoring the barns.
CM Heidner motioned to approve a PUD -CUP amendment to allow for four
detached accessory structures with a floor area not to exceed 9,500 square feet for
Lot 4, Block 1 of Mississippi Pines based on a finding that preservation for the
existing barns is consistent with the intent of the Comprehensive Plan and R -C
District, subject to the 3 conditions listed in the Findings of Fact. Seconded by CM
Scharber. All in favor. Motion carried.
City Council Meeting of September 8, 2003. Page 4.
6.4 Patrick and Carolyn Jansen:
A. Conditional Use Permit to allow relocation of a Home.
Dan Licht presented the Planner's Report.
CM Heidner motioned to approve a CUP to allow relocation of an existing single
family dwelling subject to the 8 conditions listed in the Findings of Fact. Seconded
by CM Scharber. All in favor. Motion carried.
6.5. Wayne and Diane Torgerson•
A. Conditional Use Permit to allow relocation of a Home.
Dan Licht presented the Planner's Report.
CM Heidner motioned to approve a CUP to allow relocation of an existing single
family dwelling subject to the 8 conditions listed in the Findings of Fact. Seconded
by CM Scharber. All in favor. Motion carried.
6.6. Otsego West LLC:
A. Rezone from Agricultural to R-4 Residential
B. Preliminary Plat to develop 144 Single Family Lots
Dan Licht presented the Planner's Report. Ron Wagner presented the Engineering Report.
CM Scharber motioned to approve a Zoning Map amendment rezoning the subject
site from A-1 District to R-4 District based upon a finding that the request is
consistent with the Comprehensive Plan. Seconded by CM Heidner. All in favor.
Motion carried.
CM Scharber motioned to approve the Otsego West Preliminary Plat, subject to the
9 conditions listed in the Findings of Fact. Seconded by CM Wendel. All in favor.
Motion carried.
6.7. Final Plat for Kittredge Crossing_
Dan Licht presented the Planner's Report. The applicant, Lucinda Gardner agreed with
the City Planner conditions.
Mayor Fournier motioned to table the Kittredge Crossings Final Plat. Seconded by
CM Heidner. All in favor. Motion carried.
6.8. Proposed 2003 No Discharize Zone
Dan Licht presented the Planner's Report. He said the island in the Mississippi could be
excluded.
CM Heidner suggested to remove this island but leave the other islands to the east in.
Also remove the land west of 19, and leave out the land west of Otsego Industrial Park
and north of CSAH 37.
CM Scharber motioned to adopt the No Discharge Map as amended. Seconded by
CM Wendel. All in favor. Motion carried.
City Council Meeting of September 8, 2003. Page 5.
7. Ron Wagner City Engineer•
7.1. Otsego Creek - Albertville Outflow
Ron Wagner went over his report. After discussion, the Council agreed to leave the
outflow at the 17.4 level in the agreement with Albertville.
7.2. Consider award of Sanitary Sewer Trunk Extension - Kittredge Crossing
Ron Wagner went over the bids. Andy MacArthur explained the easements and that all
expenses will be paid for by Farr Development.
CM Heidner motioned to award the bid to Kuechle Underground, Inc for
$293,422.50 subject to the signed Development Agreement. Seconded by CM
Scharber. All in favor. Motion carried.
CM Heidner motioned to approve the easement payments. Seconded by CM
Scharber. Allin favor. Motion carried.
8. Andrew MacArthur City Attomey'
8.1. Nuisance Update
Mr. MacArthur gave his nuisance update.
8.2. Contract for T Mobile
Mr. MacArthur went over the contract. Chuck Beisner, representing T -Mobile, said he
wants some Conditions removed or changed. Council directed the City Attorney to
review the proposed changes and bring it back next meeting.
8.3. Any other Legal Items
Mr. MacArthur asked the Council to consider placing a moratorium on the west side of
Otsego. He said the City has been approving preliminary plats for over 3,000 lots and by
approving the City is basically stating they have availability of sewer. The Council
directed Andy to draft a moratorium for discussion.
9. Council Items:
A. East and West Sewer Plant Update
Previously discussed.
B. Set one of the following date for a Otsego Creek Authority Meeting
1. Wednesday, September 17`h 4 PM
2. Tuesday, September 23`d 4 PM
September 23 at Albertville was selected.
C. Public Works Subcommittee
October 1, at 4 PM was set.
D. Haunted House
CM Wendel discussed maintenance of the Haunted House items.
City Council Meeting of September 8, 2003. Page 6.
10. Mike Robertson City Administrator:
10.1 Park Construction Change Order.
Mike Robertson went over the Change Order items.
CM Scharber motioned to approve. Seconded by Mayor Fournier. All in favor.
Motion carried.
10.2 Dust coating for Ouaday Avenue
Mike Robertson said he received a quote of $2,500 to $3,000 for Quaday Avenue dust
control.
Mayor Fournier motioned to approve the dust control for Quaday Avenue.
Seconded by CM Wendel.
Voting For the Motion: Mayor Fournier and CM Wendel.
Voting Against the Motion: CM Heidner and CM Scharber.
Motion FAILED.
11. Judy -Hudson, Citv Clerk.
11.1. Street Name Change
Judy Hudson said that staff's recommendation is to change Quale Avenue in The Pointe
to Quaker Avenue since there is also a Quail Avenue there and people find it confusing.
The Council agreed with this recommendation.
11.2. Special Event for VFW
CM Wendel motioned to approve the Special Event Permit for the VFW. Mayor
Fournier seconded. All in favor. Motion carried.
12. Adjourn by 10 PM
Mayor Fournier motioned to adjourn. Seconded by CM Wendel. All in favor.
Motion carried.
Meeting adjourned at 10:25 PM
�Z
` ayor La F urnier
ATTEST:
J rsZoning Adnkity Clerk