12-13-04 CC OTSEGO CITY COUNCIL MEETING
DECEMBER 13, 2004
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, Virginia
Wendel, Dan Scharber and Jerry Struthers.
Staff: Mike Robertson, City Administrator; Judy Hudson, City Clerk/Zoning
Administrator; Ron Wagner, City Engineer; Andrew MacArthur, City Attorney and Bob
Kirmis, Assistant City Planner.
Council - elect: Jessica Stockamp and Mark Thorsted.
Pledge of Allegiance: Mayor Fournier led in the Pledge of Allegiance.
2. Consider agenda approval.
CM Scharber requested to add under Item 10.3. Motorized Scooters. Mayor Fournier
requested to add under Item 8.3. Mississippi Cove Update; Item 11.2. Open House of
West Otsego Treatment Plant; Item 11.3. Park Rental Policy. Mayor Fournier also added
under Item 7.3. Easement Vacation.
CM Heidner motioned to adopt the December 13, 2004 City Council Agenda as
amended. Seconded by CM Wendel. All in favor. Motion carried.
3. Consider the following minutes
3.1. November 22, 2004 City Council Meeting.
CM Wendel motioned to approve. Seconded by CM Scharber. All in favor. Motion
carried.
3.2. December 6, 2004 Truth and Taxation Meeting.
CM Heidner motioned adoption. Seconded by CM Struthers. All in favor. Motion
carried.
4. Open Forum: (5 minute limit)
Cliff and Laverne Noll, 15420 89 Street, Ron and Jan Belch, 15425 89 Street. This
group appeared before Council to request two street lights since their neighborhood has
had several break -ins recently. One street light at CSAH 39 and Parell and the other at
Parell and 89 Street. They also requested 89 Street and Parell Avenue be improved.
The Council explained that any costs for street improvement are assessed back to the
residents. The Council directed the City Engineer to do an estimate of improvement for
89 Street and Parell Avenue for the first meeting in January.
Mayor Fournier motioned to install streets lights at CSAH 39 and Parell and 89`
and Parell. Seconded by CM Struthers. All in favor. Motion carried.
5. Consent Agenda. (Non- controversial items).
5.1. Approve Claims List.
5.2. Approve amending the Subdivision Ordinance Section
21 -7 -18 regarding Park and Trail Dedication.
City Council Meeting of December 13, 2004. Page 2.
5.3. Cancel the revocation of CUP for T- Mobile USA:
5.4. Approve Payment of $128,648.99 to Liberty Construction for
Lilypond Park.
5.5 Approve Final Payment of $6,541.83 to Northdale Construction for
Kurtti Watermain.
CM Heidner motioned adoption. Seconded by CM Wendel. All in favor. Motion
carried.
6. Public Works.
6.1. Review Snow Plowing Policy
Mayor Fournier set a City Council Workshop to review the Snow Plowing Policy for
Monday, December 20, 2004 at 7 PM.
7. Dan Licht, City Planner.
Bob Kirmis presented the Planner's Report for Items 7.1. And 7.2.
7.1. Consideration of amending the Zoning Ordinance 20- 77 -6.D.
regarding outdoor sales.
CM Heidner motioned to approve a Zoning Ordinance amendment allowing limited
opportunities for outdoor sales at convenience gas stores. Seconded by CM
Struthers. All in favor. Motion carried.
7.2. Holiday Gas Station:
A. PUD Amendment to allow outside sales and display.
CM Wendel motioned to approve an amendment of the PUD Development Stage
Plan for Holiday subject to the six conditions listed in the Findings of Fact changing
No 5 to allow limited accessory seating. Seconded by CM Struthers. All in favor.
Motion carried.
7.3. Martin Farms:
A. Easement Vacation.
B. Preliminary and Final Plat of Outlot H.
C. Conditional Use Permit to allow a private Recreation
Facility on Outlot H.
Bob Kirmis presented the Planner's Report. Mr. Ralph Murray of Insignia, agreed with
all the conditions.
CM Heidner motioned to approve vacation of existing drainage and utility
easements overlying Outlot H of Martin Farms based on a fmding that their
purpose will be re- established with the Martin Farms 2" Addition Final Plat.
Seconded by CM Scharber. All in favor. Motion carried.
CM Heidner Motioned to approve the preliminary /fmal plat of Martin Farms 2nd
Addition, subject to the three conditions listed in the Findings of Fact. Seconded by
CM Scharber. All in favor. Motion carried.
City Council Meeting of December 13, 2004. Page 3.
CM Heidner motioned to approve a CUP allowing a semi - public recreational use on
the subject site, subject to the conditions listed in the Findings of Fact. Seconded by
CM Wendel. All in favor. Motion carried.
7.4. Michael and Kathy Paschke:
A. Conditional Use Permit to allow more than one access to a
Single family lot from a public street.
Bob Kirmis presented the Planner's Report. Mr. Paschke said it is his intent to pave this
driveway.
CM Heidner motioned to approve a CUP allowing a second driveway located at
9925 James Avenue NE subject to the two conditions listed in the Findings of Fact.
Seconded by CM Struthers. All in favor. Motion carried.
7.5. Rottlund Homes Concept Plan.
Bob Kirmis presented the Planner's Report. Ron Wagner presented his Engineering
Report. Bruce Pankonin, Rottlund Homes, stated they will be seeking special State
Legislation to remove this land from the Wild and Scenic Designation.
Mayor Fournier's concern is that no public input was allowed. Mr. MacArthur said that
approval is just saying that this concept is in compliance with the Comprehensive Plan
and does not bind future Councils to approve a plat.
CM Heidner motioned to approve the submitted concept plan, subject to the six
conditions listed in the Findings of Fact. Seconded by CM Scharber. All in favor.
Motion carried.
CM Wendel motioned to approve Resolution 2004- 73 supporting removal of the
subject site from the WS District. Seconded by CM Scharber. All in favor. Motion
carried.
8. Ron Wagner, City Engineer.
8.1. Riverwood National update letter to Bulow
Ron Wagner reviewed his letter. Mayor Fournier asked Mr. Wagner if these detailed
requirements can be done in a timely manner. Mr. Wagner said this is an optimistic
timeline. Mr. Bulow said they will diligently try to meet this criteria. He is waiting for a
permit from the Department of Health. He also said the Department of Health said they
could supply water to this site temporarily with their current irrigation well. His goal is to
get a 24 inch well installed prior to January 15, 2005. Mr. Bulow asked if he could get
additional building permits along with permission to supply homes temporarily from the
irrigation well.
Mr. MacArthur reported that he will work with Mr. Bulow at drafting an amendment to
the Developer's Agreement for the next City Council Meeting and Ron Wagner will look
at costs of a water system to determine an amount for the Letter of Credit.
City Council Meeting of December 13, 2004. Page 4.
8.2 Consider ordering Sewer & Water Comprehensive Plan update to include
Entire City.
Mayor Fournier would like to see an estimate for this Comprehensive Plan for the next
City Council Meeting.
8.3. Mississippi Cove Update.
Mike Robertson reported that at the last Staff Meeting, Wayne Fingelson, Wright County
Engineer, City Staff and the applicants met and Mr. Fingelson agreed with accepting the
temporary access to CSAH 39 for the Mississippi Cove Development.
9. Andrew MacArthur, City Attorney.
9.1. Approve Waterfront East Development Agreement
Mr. MacArthur reviewed the recent changes to the Development Agreement. Mr. Fields
agreed with everything and asked that the $60,000 be paid to him at the time the City
receives the Bond Funds.
CM Scharber motioned to approve the Waterfront Development Agreement dated
12 -6 -04 allowing the City Attorney to make the minor approved changes with
payment of $60,000 payable at time the City receives the Bond Funds. Seconded by
CM Wendel. All in favor. Motion carried.
9.2. Land Swap Agreement
Ron Wagner wants to make sure the landscape is only for sod and seed and is assessed
back to the project. He would also like to turn Quantrelle Avenue into an Urban Section
road.
CM Heidner motioned to approve the Land Swap Agreement approving the sod and
seed only and to authorize the City Attorney and City Engineer to make necessary
minor adjustments to the agreement. Seconded by CM Scharber. All in favor.
Motion carried.
10. Council Items:
10.1. Consider Resolution 2004 -74 A Resolution Establishing a 2005 Tax Levy
CM Heidner motioned to approve. Seconded by CM Scharber. All in favor.
Motion carried.
10.2. Consider Resolution 2004 - 75 Approving 2005 Budget.
CM Scharber motioned to approve. Seconded by CM Heidner. All in favor.
Motion carried.
10.3. Motorized Scooters.
Dan Scharber read a newspaper article that motorized scooters are not street legal
anywhere in the State of Minnesota. Mike Robertson said they are not street legal under
the current City Ordinances. Mr. MacArthur said he will check with the City Ordinance
to see if it needs updating.
City Council Meeting of December 13, 2004. Page 5.
11. Mike Robertson, City Administrator.
11.1. Update on Commission Terms
Mike Robertson went over his memo and recommendation.
Mayor Fournier motioned to accept the City Administrator's Recommendation for
the following:
1. Reappoint Tammie Fallon to the Planning Commission for 4 Years.
2 Advertise for the openings on all Commissions.
3. Reappoint Tom Koerwitz and Jane Theisen to the Police Commission for
4 Years.
Seconded by CM Wendel. All in favor. Motion carried.
11.2. Open House for West WWTP.
The Council agreed to wait with the Open House until it's operational.
11.3. Park Rental Policy.
Mike Robertson said that he will have this Policy on the first Council meeting in January
2005.
12. Judy Hudson, City Clerk.
No updates.
13. Adjourn by 10 PM.
CM Wendel motioned to adjourn. Seconded by Mayor Fournier. All in favor.
Motion carried.
Meeting adjourned at 9:35 PM.
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