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12-22-03 CCOTSEGO CITY COUNCIL MEETING AGENDA DECEMBER 22, 2003 OTSEGO CITY HALL 6:30 PM 1. Mayor Larry Fournier will call the meeting to order. Mayor Fournier called the meeting to order at 6:35 PM. Roll Call: Mayor Larry Fournier, Councilmembers: Vern Heidner, Virginia Wendel and Dan Scharber. Jerry Struthers arrived at 6:52 PM. Staff. Mike Robertson, City Administrator; Judy Hudson, City Clerk/Zoning Administrator; David Wendorf, Assistant City Attorney; John Glomski, Assistant City Planner; Ron Wagner, City Engineer and Tim Rochel Building Official. Pledge of Allegiance. Mayor Fournier led in the Pledge of Allegiance. 2. Consider agenda approval. CM Scharber requested to remove Item 5.1. and add under Item 9.4. and add under Item 9.5. Recommendation from Parks Commission. Mayor Fournier requested to add under Item 10.3. Bond Rating Upgrade. CM Heidner motioned adoption as amended. Seconded by CM Wendel. All in favor. Motion carried. 3. Consider the following minutes: 3.1. December 8, 2003 City Council Meeting. 00 CM Heidner motioned adoption of minutes. Seconded by CM Wendel. All in favor. Motion carried. 4. Open Forum: (5 minute limit) No one appeared on Open Forum. 5. Consent Aeenda. (non -controversial items 5.2. Pay Estimate No. 1 for Kittredge Crossing Trunk Watermain & Trunk Sanitary Sewer Main Extension for $247,561.45. 5.3. Pay Estimate No. 2 for Water Tower #2 for $295,421.50. 5.4. Pay Estimate No. 4 for Pump house #3 for $105,322.94. 5.5. Pay Estimate No. 4 for Wells #4 & #5 for $65,778.00. 5.6. Pay Estimate No. 5 for Trunk Watermain at 19 & 70`h St. for $13,630.98 5.7. Pay Estimate No. 8 for 85`h & Page Avenue for $15,806.70. CM Heidner motioned adoption of Consent Agenda Items 5.2 through 5.7. Seconded by CM Scharber. All in favor. Motion carried. 6. Dan Licht, City Planner: 6.1. Eugene and Lois Bauer request for a CUP. John Glomski presented the Planner's Report. Ron Wagner presented the Engineer's Report. Mr. Bauer stated he agreed with the conditions. City Council Meeting of December 22, 2003. Page 2. 4? CM Heidner motioned to approve a Zoning Map amendment rezoning the subject site from A-1 District to A-2 District based on a finding that the request is consistent with the Comprehensive Plan. Seconded by CM Scharber. All in favor. Motion carried. CM Heidner motioned to approve a CUP allowing an A-2 District lot size less than 20 acres and width less than 450 feet, subject to the seven conditions listed in the Findings of Fact. Seconded by CM Scharber. All in favor. Motion carried. 6.2. Final Plat for Zimmer Farms. John Glomski presented the Planner's Report. (CM Struthers arrived at this point). He noted Condition No. 8 should be changed to reflect a $315,000 total for Park and Trail dedication. Ron Wagner presented the Engineering Report. Tom Bakritges of DR Horton stated in regards to the Identification Sign, they want a sign larger than 32 square feet and will apply for an amendment to the sign ordinance. They would prefer concrete material between the driveways rather than shrubs. In regards to the easements, they have met with John Kolles regarding acquiring the necessary right-of- way and access and they are also meeting with the owners of the other two exceptions to make an offer on all these properties. CM Heidner motioned to approve the Final Plat for Zimmer Farms, subject to the conditions listed in the Findings of Fact, changing Condition No. 8 to $315,000 and adding Condition No. 11 that the applicant is responsible for all easements required for extension of sanitary sewer to site. Seconded by CM Wendel. All in favor. Motion carried. 6.3. Public Hearing for adopting the MN State Building Code and Fee Schedule. Tim Rochel presented the ordinance changes. Assistant City Attorney, Dave Wendorf, explained that in terms of State Building Code the City has no choice but to adopt this ordinance. Mayor Fournier questioned if permits are needed for roofing, furnace, siding, and windows and to give the Council reasons to support this ordinance. Mr. Rochel replied that by adopting the State Building Code it lists what can be exempted. CM Wendel asked if she would need a permit to re -shingle her home. Mr. Rochel replied she would need a permit but the Council can waive fees for re -shingle permits. Mayor Fournier opened the Public Hearing at 7:14 PM. Kirshona Martinson, Nashua Avenue, asked if the fees will be published. Mike Robertson said they will be published. Hearing no other public comments, Mayor Fournier closed the Public Hearing at 7:59 PM. CM Struthers motioned to adopt Ordinance 2003-26. Seconded by CM Scharber. All in favor. Motion carried. If City Council Meeting of December 22, 2003. Page 3. 6.4. Adopting Ordinance 2003-25 establishing a Fee Schedule for City Services, Permits and Licenses for 2004. CM Scharber motioned to approve Ordinance 2003-25 including the Bldg Permit Fee 12-3-03 Seconded by CM Struthers. Voting For the Motion: CM Heidner, CM Scharber and CM Struthers. Voting Against the Motion: Mayor Fournier and CM Wendel voting against it because they did not want permit fees for maintenance items. Motion carried three to two. 7. Ron Wainer. Citv Enizineer: 7.1. Change Order No. 2 for 85`h Street. Ron Wagner explained the Change Order. CM Scharber motioned to approve Change Order No. 2. For $5,802.00. Seconded by CM Wendel. All in favor. Motion carried. 7.2. Any other Engineering Items. ems. Ron Wagner said the Lefebvre Creek clean out is now completed. Work on Water Tower No. 2 is going well. Well No. 5 is now being drilled and Pump House No. 3 is enclosed. 7.3. Storm Sewer Fee. CM Struthers asked when the City would charge a storm water impact fee to all property owners. Ron Wagner said the City Council could do so whenever it wanted to. 8. Andrew MacArthur, City Attorney: Dave Wendorf gave a update on the nuisance violations. 9. Council Items: 9.1. East and West Sewer Plant Update. Previously discussed. 9.2. Set date for Interviews for Park Commission. Council set January 12, 2004 starting at 5:45 PM. 9.3. Review Commission Terms Mike Robertson reviewed the Commission terms. The Council directed him to advertise for all Commission openings and having the renewals also re -apply if they want. 9.4. 5.1. Approve Claims List (removed from the Claims List) CM Scharber requested to pull the check issued to Damon Farber until they address outstanding issues in the parks. CM Heidner motioned to adopt the Claims List removing the check issued to Damon Farber. Seconded by CM Scharber. All in favor. Motion carried. 9.5. Recommendation from Parks Commission. CM Scharber reported the Parks Commission discussed at their last meeting the issue of horses allowed in Prairie Park. They recommended to remove the signs from the park, therefore allowing horses in the Park. They also decided they do not want horse trails in the Park because they felt they would have to address all similar requests. The City Council directed staff to remove the signs but to retain them in case the problem City Council Meeting of December 22, 2003. Page 4. it returns. 10. Mike Robertson, City Administrator: 10.1. Consider Resolution Regarding Annexation Mayor Fournier reported that the Wright County Mayor Association took a neutral position on this issue and requested other cities to do the same. The City Council directed staff to have Pat Sawatzke attend a City Council Meeting. 10.2. Bond Rating Upgrade. Mike Robertson explained Standard and Poors, a Rating Agency, has upgraded the City Bond Rate to A-, which is extremely good for a city of this size. Mr. Robertson also suggested setting a Workshop with People Services. Mayor Fournier requested this be on the January Agenda to set a date. 10.3. Wild and Scenic Ord. would like to meet with the DNR. CM Heidner motioned to give City Staff authority to negotiate with the DNR and to appeal their decision if necessary. Seconded by Mayor Fournier. All in favor. Motion carried. 11. Judy Hudson, City Clerk. No Items. 12. Adjourn by 10 PM. CM Scharber motioned to adjourn. Seconded by CM Wendel. All in favor. Motion carried. Meeting adjourned at 9 PM. 4Lar�fFou'rnier Attest: Ju y ud o , City Cler Zoning Adm.