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10-25-04 CCOTSEGO CITY COUNCIL MEETING OCTOBER 25, 2004 6:30 PM 1. Mayor Larry Fournier will call the meeting to order. Mayor Fournier call the meeting to order at 6:30 pm. Roll Call: Mayor Larry Fournier; Councilmembers: Virginia Wendel, Vern Heidner, Jerry Struthers, and Dan Scharber. Staff: Mike Robertson, City Adminstrator; Judy Hudson, City Clerk/Zoning Administrator; Karee Rowell, Deputy Clerk; Ron Wagner,�City Engineer; Dan Licht, City Planner; Laurie Shives, Assistant City Planner; Andrew MacArthur, City Attorney; and Brad Blair, Maintenance Supervisor. City Council Candidates: Mark Thorsted, and Terri Rushmeier. Pledge of Allegiance: Mayor Fournier led the Pledge of Allegiance 2. Consider agenda approval. Ron Wagner requested to add under Item 8.6. Mississippi Shores Public Hearing date change. CM Struthers requested to add under Item 7.6. Meadowlands. Mike Robertson requested to add under Item 11.3. Property Appraisals. Dan Licht requested to remove 7.5. Final Plat for Duerr Creek. Mayor Fournier requested,to add under Item 8.5. street lights and Item 9.0. Landcor Development. CM Wendel requested to add under Item 10.2. Police Commission. CM Scharber motioned for adoption of the agenda as amended. Seconded by CM Wendel. All in favor. Motion carried. 3. Consider the following minutes. Mayor Fournier motioned adoption. Seconded by CM ,Wendel. All in favor. Motion carried. 3.2. Minutes of the October 4, 2004 Comp. Plan; Information Meeting_ CM Heidner noted on Page 2, the last sentence should read;and receive input for any and all interested persons. CM Struthers motioned to adopt the minutes as amended. Seconded by CM Wendel. All in favor. Abstained CM Scharber. Motion carried. 3.3. Minutes of the October 7, 2004 Comp. Plan�'Information Meeting. CM Heidner motioned adoption. Seconded by CM Struthers. All in favor. CM Scharber and CM Wendel. Motion carried. 4. Open Forum: (5 minute limit) Jeff Latour, 10401 Kadler Avenue NE - wanted to be included in the discussion on Item 7.1. Norin's Landing Development. Dan Limoseth, 14975 95h Street NE- wanted to see Item 11.1. Compost Site discussed now. Mike Robertson informed the Council that he has contacted Albertville, but has not received an answer. City Council Meeting of October 25, 2004. Page 2 Tom Carter with the Police Commission updated the Council about what was going on with their Commission. He stated that they will be having; someone on their commission attending each City Council Meeting for communication. CM Wendel mentioned the County Sheriff s Department would like house numbers W be visible. Dan Licht said it is City code situation and the Police Commission could recommend changes. CM Struthers said they should put it in the Otsego View. 5. Public Works Issues. 5.1. Discussion of Public Works Equipment Brad Blair, Maintenance Supervisor reviewed the proposed equipment. The 1990 dump truck was discussed and they thought they should act fast before it is sold. CM Struthers motioned to purchased 1990 dump truck 16,500.00 plus tax and license. Seconded by CM Wendel. Motion carried, four to one. Mayor Fournier opposed (because he did not want to buy old equipment: 6. Consent Agenda. (Non -controversial items). 6.1. Approve Claims List. 62. Approve Payment No. 11 to Rice Lake Contractor for $222,167.00 For the West WWTP. 6.3. Approve Payment No. 3 to American Liberty Construction for $165,354.84 for Lilypond Park. 6.4. Approve Payment No. 2 to Buffalo Bituminous for Maciver Ave and 70th Street for $362,785.88. 6.5. Approve Final Payment #10 to Traut Wells #4 and #5 (West District). 6.6. Approve Pay Estimate #7 to Latour for Trunk Water, Sanitary Sewer and West WWTP Access Road or $36,021.38. �' CM Heidner motioned approval. Seconded by CM Scliarber. All in favor. Motioned carried. 7. Dan Licht, City Planner. 7.1. Brad Paumen's application for Norin's Landing: Daniel Licht gave his Planner's Report. Ron Wagner gave: his Engineering Report. Mike Robertson stated the Park Plan proposed a trail along Kadler Avenue. Jeff Latour, 10401 Kadler Avenue NE, stated he had met with Brad Paumen, but hasn't reached an agreement. CM Heidner would prefer the trail in the road right-of-way if possible. Council expressed concern about the liability issues of non-residents using the pond. It was agreed the developer's agreement will require the Homeowner's Associations to assume all liability for the pond. A. Rezone property from A-1 to R -C Rural Cluster Development. CM Wendel motioned to approve a Zoning Map amendment rezoning the subject site from A-1 District to R -C District based on a finding that the request is consistent with the Comprehensive Plan. Seconded by CM Scharber. Motion carried 4-1, CM Struthers opposed due to concerns about the swimming pond. City Council Meeting of October 25, 2004. Page 3 B. Preliminary Plat for development of; 18 single family lots. CM Wendel motioned to approve a PUD/CUP and Preliminary Plat for Norin's Landing subject to the seven conditions listed in the Findings of Fact. Seconded by CM Scharber. Motion carried four to one. CM Struthers opposed. C. Conditional Use Permit (CUP) for Private Recreation Facility. CM Wendel motioned to approve a CUP for a private neighborhood recreation facility within Outlot C of Norin's Landing subject to the three conditions. Seconded by CM Scharber. Motion carried four to one. CM Struthers opposed. D. Conditional Use Permit (CUP) to allow mining for excavation of materials to create a 6.74 acre pond.' CM Wendel motioned to approve a CUP to allow mining in accordance with the Norin's Landing Grading Plan subject to the four conditions. Seconded by CM Scharber. Motion carried, four to one. CM Struthers opposed. City Attorney Andrew MacArthur arrived 7:45 pm. 7.2. Consideration of designating the McDonal&Peavey House As a Heritage Preservation Site. Dan Licht presented the Planner's Report. Mike Robertson said the McDonald/Peavey House is vacated. Mayor Fournier asked if it was designated could it later be undesignated. Dan Scharber asked if something happened to the house would it still be a Preservation Site. CM Heidner wondered about the trees. 'Mike Robertson said they will have them trimmed. CM Wendel said it is a crummy looking house that has been changed and the City should sell it. CM Schaber agreed 100% and wants to sell it. Mayor Fournier asked if it is designated as a Site can they still sell, the property. Dan Licht answered yes. CM Scharber motioned to designate the McDonald/Peavey House as a heritage preservation site based on information prepared by Heritage Preservation Commission for the City of Otsego. Seconded by CM Struthers. All in favor. Motion carried. 7.3. Site and Building Plan Review for Long Haul Trucking Expansion. Dan Licht presented the Planner's Report. CM Heidner ask about the outdoor storage. Dan Licht said they will address it with the owners. CM Struthers motioned to approve site and building plans for expansion of the Long Haul Trucking building subject to the seven conditions listed in the Findings of Fact. Seconded by CM Wendel. All in favor. Motion carried. 7.4. Final Plat for Remington Cove. Dan Licht presented the Planner's Report. Ron Wagner gaye his report. Jeff Bock with Solid Ground Development agreed with the Planner's and Engineer's Reports. CM Scharber motioned to approve the Final Plat for Remington Coves subject to the eight conditions listed in the Findings of Fact. Seconded by CM Struthers. All in favor. Motion carried. City Council Meeting of October 25, 2004. Page 4 7.5. Final Plat for Duerr Creek. Tabled due to incomplete information. 7.6. Meadowlands - CM Struthers asked about putting a bike path around Meadowlands Pond. Andrew MacArthur thought the Developer turned the area over to the city. Mayor Fournier said to send it to the Park Board 'for their ideas. 8. Ron Wagner, City Engineer. 8.1. Approve Sewer Cleaning Bid CM Struthers motioned to approve the low bid from Pipe Services for $41,000.00. Seconded by Mayor Fournier. All in favor. Motion carried. 8.2. Consider Change Order No. 5 for the 77th Street Pumphouse. CM Struthers motioned to approve of Change Order Np. 5 for the 77th Street Pumphouse. Seconded by Mayor Fournier. All in favor. Motion carried. 8, 3. Consider Change Order #3 for Trunk Water, Sanitary Sewer and West WWTP Access Road. CM Heidner motioned to approve Change Order #3 for Trunk Water, Sanitary Sewer and West WWTP Access Road. Seconded by CM Scharber. All in favor. Motioned carried. 8.4. Construction update. Ron Wagner said Martin Farms are behind schedule. MacIver Avenue is going okay. Riverwood National has not given plans for the sewer or pump house, three homes are already almost finish and he talked to Chris to discuss this issue. Andrew MacArthur talked to Tim Rochel, Building, Official and they will not give Certificate of Occupancy until those plans are completed and construction has begun.. CM Heidner motioned that no more building permits and Certificate of Occupancy will be given out until this is settled. Seconded by CM Struthers. All in favor. Motion carried. 8.5. Street Lights on Odean Avenue and 87th Street NE. Ron Wagner update on Street Lights. 8.6. Island View Estates Public Hearing for the ravine. Council consensus was to move the hearing to December 8, 2004 at 7:00 pm. CM Heidner brought up the speed wagon. Mike Robertson said schedule already exists and the Police Commission has it. They would like Hakanson Anderson to do tape readings.: 9. Andrew MacArthur. Citv Attornev. 9.1. Adoption of File Retention Schedule. Andrew MacArthur presented his report. CM Heidner motioned to adopt the general records retention schedule for Minnesota Cities. Seconded by CM Struthers. All in favor. Motion carried. City Council Meeting of October 25, 2004. Page 5 10. Council Items: 10.1. Set Interviews for Historic Preservation Commission Three open spots and interviews will be done at 6:00 pm November 8, 2004 before the council meeting. 11. Mike Robertson, City Administrator. 11.1 Compost Site Update 11.2. League of MN Cities Waiver of Tort Limits. CM Heidner moved to not waive the Tort Limits. Seconded by CM Scharber. All in favor. Motion carried. 11.3. Properties for the new Maintenance Building Site. Information will be gone over at the November 4, 2004 meeting. CM Heidner asked that the snowmobile trails be put on the next Council agenda. 12. Judy Hudson, City Clerk. 12.1. Set 2005 Fire Assessment. Council asked for additional information at the next meeting. 13. Adjourn by 10 PM. CM Scharber motioned to adjourn. Seconded by Mayor Fourner. All in favor. Motion carried. Meeting adjourned at 9:10 pm. L-Pdayor a y F rnier ATTEST: � 4X� Kare Rowell, De uty Clerk I�