11-08-04 CCt
OTSEGO CITY COUNCIL MEETING
NOVEMBER 8, 2004
6:30 PM
1. Mayor Larry Fournier will call the meeting to order
Mayor Fournier called the meeting to order at 7 PM. j
Roll Call: Mayor Larry Fournier; Councilmembers: Vern Heidner, Virginia
Wendel, Jerry Struthers and Dan Scharber.
Councilmember elect: Mark Thorsted
Staff: Mike Robertson, City Administrator; Judy'; Hudson, City Clerk/Zoning
Administrator; Dan Licht, City Planner; Andrew MacArthur, City Attorney and Ron
Wagner, City Engineer.
Pledge of Allegiance:
Mayor Fournier led in the Pledge of Allegiance.
Mayor Fournier thanked staff and City Clerk Judy Hudson;for how well the 2004 General
Election was conducted.
2. Consider agenda approval.
CM Struthers requested to add under Item 7.4. Odean Avenue and CSAH 37. Mayor
Fournier requested to move Item 9.2. to Item 12.2 and add 10.2. Heritage Commission
Appointment and under Item 11. Zip Code Letter. CM Heidner requested to add under
Item 10.3. Wright County Transportation Meeting.
CM Heidner motioned to adopt the November 8, 2004 City Council Agenda as
amended. Seconded by CM Wendel. All in favor. Motion carried.
3. Consider the following minutes
3.1. October 25, 2004 City Council Meeting.
CM Heidner noted under Item 8.4. That there are to be no more building permits and
Certificate of Occupancy issued in Riverwood National anif this wasn't resolved in two
weeks the City will take action.
CM Scharber motioned to adopt the minutes as amended. Seconded by CM
Wendel. All in favor. Motion carried.
4. Open Forum: (5 minute limit)
No one appeared at Open Forum.
4.1. Special Presentation: East Wastewater Treatment Plant Update,
Bonestroo Engineering
Ted Fields of Bonestroo went over the scheduling of the East Wastewater Treatment
Plant Phase III Expansion. Karen Cavett of Bonestroo stated that the Council needs to
make a decision to build either to a 1 MGD or a 1.5; MGD design and went over
preliminary cost estimates for both. Mr. Field said the permit for the 1.5 MGD is good
until Year 2009. I
Mayor Fournier motioned to build the East Wastewater Treatment Plant Phase III
expansion to 1 million gallons. Seconded by CM Heidner. All in favor. Motion
City Council Meeting of November 8, 2004. Page 2.
carried.
5. Public Works
Brad Belair reported that the parking lot at the Public Works Site should be completed
this week.
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6. Consent Agenda. (Non -controversial items).
5.1. Approve Claims List.
CM Heidner motioned adoption of the Claims List. Seconded by CM Scharber. All
in favor. Motion carried.
7. Dan Licht, City Planner.
7.1. Duerr Creek Subdivision
Dan Licht presented the Planner's Report. Ron Wagner presented the Engineering
Report. Todd Foster of Heritage Development, stated he,agrees with the conditions and
that he has the signed document for easement from Mr. Kurtti.
CM Wendel motioned to approve the Final Plat for Duerr Creek subject to the six
conditions listed in the Findings of Fact. Seconded by CM Heidner. All in favor.
Motion carried.
7.2. Consider Final Plat Zimmer Farms 0 Addition
Both Dan Licht and Ron Wagner presented their reports. ; Tom Bakritges of DR Horton,
agreed with all the conditions. Dan noted that approval oft' his plat reduces the amount of
remaining residential REC'S on the west side to 314.
CM Struthers motioned to approve the Final Plat for' Rimmer Farms 4`h Addition
subject to five conditions listed in the Findings of Fact:; Seconded by CM Scharber.
All in favor. Motion carried.
7.3. Update of Park & Trail Fees
CM Heidner motioned to direct the Planning Commission to hold a Public Hearing
in December to consider an increase of Park and Trail Fees. Seconded by CM
Scharber. All in favor. Motion carried.
7.4. Odean Avenue and CSAH 39.
Dan Licht said he talked to Charter and they
week at this intersection.
are scheduled to start the corrections this
8. Ron Wagner, City Engineer.
Ron Wagner said he met with Chris Bulow, developer of Riverwood National and his
engineers regarding Chris's proposal of running a 16" water main along Kadler Avenue
from the Water Tower to his development (2.2 mile). Chris Bulow explained that the
plans submitted to the Department of Health were not approved. Their biggest reason is
that a hydro pneumatic system is good for only 150 units and Riverwood National has
162 units. Mr. Wagner stated he feels that 155 units can go on the hydro pneumatic
system and the club house would have its own well and thereby freeing up 7 RECS.
City Attorney Andy MacArthur stated that the Developer's Agreement requires financial
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City Council Meeting of November 8, 2004. Page 3.
security and it has not been provided.
The Council direction was for Chris Bulow to work with the City Engineer and City
Attorney.
8.1. Construction Update
Ron Wagner said that curb and gutter will go in this week on MacIver Avenue from 70`h
Street to 60`h Street and the following week this section will be paved.
8.2 Consider Change Order #2 for Maclver Avenue.
Ron Wagner went over Change Order #2. Mike Robertson said the money will come
from the Capital Improvement Fund.
CM Struthers motioned to approve. Seconded by ':CM Wendel. All in favor.
Motion carried.
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9. Andrew MacArthur, City Attorney.
9.1. Public Hearing for Vacation of Easement for Lots 3 &4 Block 5
Martin Farms. j
Mr. MacArthur explained the reason for vacation of easement. Ron Wagner explained
that the owner, Eldon Martin, wants to build his house on both lots. Judy Hudson attested
that the proper publishing and noticing was done.
Mayor Fournier opened the Public Hearing at 8:14 PM.
Hearing no public comments, Mayor Fournier closed the Pubic Hearing at 8:15 PM.
CM Heidner motioned to approve Resolution 2004-68 vacating a portion of a
Drainage and Utility easement, located on Lots 3 and 4; Block 5 in the Plat known as
Martin Farms. Seconded by CM Scharber. All in favor. Motion carried.
9.3. Letter from Wright County Sheriffs Office4o Elizabeth Frank.
Mayor Fournier asked for legal comments. Mr. MacArthur said to go with an
Administrative Citation and Mr. MacArthur said he would talk to Sheriff Miller. The
Council directed Dan Licht to look at developing a rental code..
10. Council Items:
10.1. Snowmobile Trails
CM Struthers motioned to prohibit snowmobiling (except on their own property) in
the area east of a line extending along Nashua Avenue from the Mississippi River to
701h Street and north of a line along 701h Street from Nashua Avenue to the
Mississippi River. Seconded by CM Wendel.
Voting For the Motion: Mayor Fournier, CM Wendel, CM Struthers and CM
Scharber.
Voting Against the Motion: CM Heidner.
Motion carried four (4) to one (1).
CM Heidner stated he voted against this motion because he doesn't feel the City can
inform everyone of this new Ordinance in time.
10.2. Heritage Commission Appointment.
Mayor Fournier motioned to appoint Carla Ransom to the Heritage Commission.
Seconded by CM Wendel. All in favor. Motion carried.
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City Council Meeting of November 8, 2004. Page 4.
10.3. Wright County Transportation Plan Meeting_
CM Heidner updated the Council on the meeting last Friday about the 40 MPH Speed
limit change on Parrish Avenue. He said that MnDOT would not change their mind.
11. Mike Robertson, City Administrator.
Mike Robertson went over his memo regarding his recent meeting with representatives
from the US Post Office.
12. Judy Hudson, City Clerk.
12.1. Set 2005 Fire Assessments
The Council requested staff to get the actual amount each fire department charges per
home early in 2005.
CM Heidner motioned to use the 2004 fire assessment amounts for Year 2005.
Seconded by CM Scharber. All in favor. Motion carried.
9.2.. Closed meeting to discuss easement acquisition
CM Scharber motioned to close the Council Meeting for the purpose of
Attorney/Client privilege. Seconded by CM Wendel. All in favor. Motion carried.
Meeting closed at 9:03 PM.
Attending the Closed Meeting: Mayor Fournier; Councilmembers: Heidner, Wendel,
Scharber and Struthers; City Administrator Mike Robertson; City Clerk Judy Hudson;
City Attorney Andrew MacArthur; City Engineer Ron Wagner; City Planner Dan Licht;
CM Scharber motioned to reopen the Council Meeting at 9:50 PM. Seconded by
CM Wendel. All in favor. Motion carried.
13. Adjourn by 10 PM.
CM Scharber motioned to adjourn. Seconded by CM Wendel. All in favor. Motion
carried.
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ATTEST.
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