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12-27-04 CC ITEM 3_1 OTSEGO CITY COUNCIL MEETING OTSEGO CITY HALL DECEMBER 27, 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, Jerry Struthers and Dan Scharber. Staff: Mike Robertson, City Administrator; Judy Hudson, City Clerk/Zoning Administrator; Dan Licht, City Planner; Ron Wagner, City Engineer and David Wendorf, Assistant City Attorney. Council- elect: Jessica Stockamp. Pledge of Allegiance: Mayor Fournier led in the Pledge of Allegiance. Mayor Fournier recognized Councilmembers Wendel and Struthers, whose terms are over on December 31, 2004, for their service to the City of Otsego. 2. Consider agenda approval. Mike Robertson requested to add Item 11.1. Discussion of Gary Groen's Employment Status. Judy Hudson made a correction to Item 5.6. Buffalo Bituminous for the correct amount of $918,039.26. CM Heidner motioned adoption as amended. Seconded by CM Scharber. All in favor. Motion carried. 3. Consider the following minutes 3.1. City Council Meeting of December 13, 2004. CM Heidner stated that although the 2005 Budget was approved for the total amount, it doesn't mean that all items are approved. Mayor Fournier noted the motion on Page 3 (Item 7.3.) Should include subject to the conditions listed in the Findings of Fact. CM Scharber motioned to approve as amended. Seconded by CM Wendel. All in favor. Motion carried. 3.2. Public Hearing of December 8, 2004. CM Heidner motioned adoption. Seconded by CM Struthers. All in favor. Voting For the Motion: Mayor Fournier, CM Heidner, CM Wendel, and CM Struthers. Abstained: CM Scharber as he did not attend this Public Hearing. Motion carried. 4. Open Forum: (5 minute limit) David Peterson, 87 Street, wanted to know what evidence the City has that shows he has violated the Nuisance Ordinance. He received a Citation and fine. Dan Licht explained the Citation was for junk and unlicensed vehicles and the City has pictures for evidence. Mr. Peterson said the junk vehicle is gone. Mr. Licht explained the date for an appeal has expired and his fine needs to be paid. City Council Meeting of December 27, 2004. Page 2. • • 5. Consent Agenda. (Non- controversial items). 5.1. Approve Claims List. 5.2. Approve Payments to Bonestroo for Engineering Services: A. $20,127.85 for West WWTP. B. $57,195.49 for East WWTP III. 5.3. Approve Payment No. 13 to Rice Lake Construction for $155,169.20 For West WWTP. 5.4. Adopt Ordinance 2004 -28 A summary ordinance for publishing regarding The Outdoor Sales and Service at Convenience Gas Stores. 5.5. Approve Payment No. 5 to American Liberty Construction in the amount of $983.10 for Lily Pond Park. 5.6. Approve Pay Estimate No. 3 to Buffalo Bituminous for $918,039.26. Vern Heidner motioned to approve with the correction in Item 5.6. Showing the correct amount of $918,039.26. Seconded by CM Scharber. All in favor. Motion carried. 6. Public Works: 6.1. Adopt the Snow Plowing Policy. Brad Belair introduced Tony Hollerman the new "on call snow plow operator ". Mr. Belair also presented the Snow Plowing and Ice Control Policy. CM Heidner motioned to adopt the Snow Plowing and Ice Control Policy. Seconded by CM Wendel. All in favor. Motion carried. 7. Dan Licht, City Planner. 7.1. Final Plat for Cederberg Estates Dan Licht presented the Planner's Report. Dennis Peterson, Land Surveyor from Bogart, Peterson, explained the reason there was not enough land to create 4 lots was when the street was to go through there was a 11 -foot strip of land added to the Cederberg land, but then the street was realigned and as a result the Outlot was reduced in size. Mr. Cederberg, at that time, agreed to the street for safety reason and he assumed he had the 4 acres for 4 lots. Mr. Wendorf explained that a variance is needed and the applicant would need to apply for a Variance and follow the process. Mayor Fournier suggested the applicant talk to the neighboring property owners and see if he can get any additional land. CM Scharber motioned to table the Final Plat. Seconded by CM Wendel. All in favor. Motion carried. 7.2. Mississippi Cove Access Agreement - Resolution 2004 -76 Dan Licht presented the Planner's Report. Scott Dahlke, Designer for the development, explained that the applicants have done everything they could do to acquire additional property from Mr. Adamski for the second access. He doesn't feel the Resolution should include language about condemnation but rather that the street should continue if developed. City Council Meeting of December 27, 2004. Page 3. CM Heidner motioned to adopt Resolution 2004 -76 changing Item 4. to combine 4.b. and 4.c. to read the City shall require extension of 96 Street across PID 118 -500- 181101 (Adamski) and removal and restoration of the existing private driveway accessing CSAH 39 and to include in the Developer's Agreement that the cost of the completion of 96 Street to CSAH 39 shall be escrowed by the developer and refunded to developer if not needed within 10 years. Seconded by CM Struthers. All in favor. Motion carried. 8. Ron Wagner, City Engineer. 8.1. Consider Mississippi Ravines Improvement The Council discussed the information and public comments received at the Public Hearing. CM Heidner motioned not to order the Mississippi Ravines Improvement because of the high costs, only a few properties are benefited and that the City is not aware of any imminent public safety threat. Seconded by CM Struthers. All in favor. Motion carried. 8.2. Consider Sewer and Water Plan. Mr. Wagner went over his proposal. Mayor Fournier motioned to direct the City Engineer to prepare a Water and Sewer Comprehensive Plan for a cost not to exceed $62,500. Seconded by CM Struthers. All in favor. Motion carried. Mike Robertson said there is a Staff Meeting on January 6, 2004 at 9:30 AM with all the developers in the West Sewer and Water District. 9. Andrew MacArthur, City Attorney. 9.1. Update on Riverwood National Compliance with Development Agreement. David Wendorf reviewed the 12 -17 -04 letter. Mr. Wagner said Mr. Bulow has provided the estimated costs for trunk costs and pump house but he needs to review the bid proposal. Mr. Wagner said Mr. Bulow wants an additional 14 building permits and Building COs for those homes that are completed. Mr. Wendorf also stated that if the City's allows him to use a temporary water system, use the City's hydromantic tank and change the Letter of Credit, strict schedules for completion need to be done and also that buyers know of a temporary water system. Mr. Robertson said Mr. Bulow is asking for an incentive of additional building permits when he hasn't yet complied with his developer's agreement. Mr. Bulow replied that the incentive isn't for him, he won't be gaining any money and it will cost him more money to put in a temporary water system. He has been working on a water system and has been doing the changes Mr. Wagner requested. He wants to work with the City Engineer and City Attorney to draft language to protect the City and to allow Developer's Agreement to be changed to allow temporary water service, to supply a Letter of Credit rather than bonds and for the City to allow 25 Building Permits. City Council Meeting of December 27, 2004. Page g � a 4. g CM Scharber asked when work be started on the permanent well. Mr. Bulow replied it would be operational by the first part of April. CM Heidner would like to see the final plans and specs for the Pump House before allowing any additional Building Permits. Mayor Fournier motioned to allow staff to draft language for amending the Developer's Agreement allowing the developer modifications to timelines for Plans and Spec for Sewer and Water and to allow use of a temporary water system and allow Letters of Credit rather than Bonds. Seconded by CM Wendel. All in favor. Motion carried. The Council directed no additional Building Permits or COs during this time. 10. Council Items: 10.1. Consider certifying unpaid Nuisance Fines. Mike Robertson went over his memo on unpaid Nuisance Fines. City Council agreed that the interest rates are too high. CM Struthers motioned to direct staff to start the process on certifying these assessments. Seconded by Mayor Fournier. Voting For the Motion: Mayor Fournier, CM Heidner, CM Struthers and CM Scharber. Voting Against the Motion: CM Wendel. Motion carried four (4) to one (1). 11. Mike Robertson, City Administrator. 11.1. Gary Groen employment status. Mike Robertson explained to the Council that Gary Groen has discussed with him his increasing liability insurance costs. After talking to the League of MN Cities, Mike recommended to make Gary Groen a part-time employee and he would fall under the City's Liability Insurance. Mayor Fournier motioned to make Gary Groen a part -time employee. Seconded by CM Struthers. All in favor. Motion carried. 12. Judy Hudson, City Clerk. No items. 13. Farewell comments by CM Wendel and CM Struthers. CM Wendel thanked the City for allowing her to be their Councilmember. She has enjoyed these eight years and will miss it. CM Struthers thanked staff for all their assistance and said it has been an interesting four years. Mayor Fournier thanked both CM Wendel and CM Struthers for all their contributions to the Council, that they made Otsego a better place and that they will be missed. Mayor Fournier also said that the City has accomplished many things in Year 2004 and is looking forward to working with the new Council and wished everyone a Happy New Year. City Council Meeting of December 27, 2004. Page 5. 13.1. Adjourn by 10 PM. CM Scharber motioned to adjourn. Seconded by CM Wendel. All in favor. Motion carried. Meeting adjourned at 9:09 PM. 'mayor La ournier ATTEST: `\ Jud touds ity Clerk/Zoning Adm.