02-09-04 CCITEM 3_7
OTSGO CITY COUNCIL MEETING
OTSEGO CITY HALL
FEBRUARY 9, 2004
1. Mayor Larry Fournier will call the meeting to order.
Mayor Fournier called the meeting to order at 6:31 PM.
Roll Call: Mayor Larry Fournier; Councilmembers: Vern Heidner, Jerry Struthers and
Dan Scharber.
Absent: Virginia Wendel
Staff. Judy Hudson, City Clerk/Zoning Administrator; Andrew MacArthur, City Attorney;
Daniel Licht, City Planner and Ron Wagner, City Engineer.
Absent: Mike Robertson, City Administrator
2. Consider agenda approval
CM Scharber requested to remove Items 5.2. and 7.2., and add under Item 9.2.B. Snow
plowing of Bike Trails. CM Heidner requested to add under Item 9.2.C. Snowmobile
Ordinance. CM Struthers requested to add under Item 9.4. Planning Workshop. Mayor
Fournier requested to move Item 5.4. to Item 7.4.
CM Heidner motioned to adopt the agenda as amended. Seconded by CM
Scharber. All in favor. Motion carried.
3. Consider the following minutes
3.1. January 26, 2004 City Council Meeting_
CM Struthers motioned adoption. Seconded by Mayor Fournier. All in favor.
Motion carried.
3.2. January 21, 2004 City Council Workshop.
CM Heidner corrected the last sentence on the first page regarding the Haunted House
and should read "The City Council suggested discontinuing using the maintenance shed
for the Haunted House since it is used for equipment and there are safety issues."
CM Struthers motioned adoption as amended. Seconded by CM Heidner. All in
favor. Motion carried.
4. Open Forum
Ted Fields of Bonestroo updated the Council on Otsego's Treatment Plants. He said the
East Plant expansion will be started shortly. He went over the proposed site plan and the
current site will hold up to 2 million gpd and suggested the Council consider purchasing
additional land to the immediate east of the current site. The expansion will cost $9.5
million dollars. He described the expansion. Mr. Fields also described possible
improvements in sludge disposal.
These would include the installation of dewatering and drying process that produces a
Class A sludge project. This would eliminate a 3 MG liquid storage tank and replace it
with an enclosed area to store 18,000 cubic feet of dry sludge.
City Council Meeting of February 9, 2004. Page 2.
CM Heidner asked how much sludge could this new plant process in a year. Mr. Fields
replied that the initial start-up would be 8 hours a day for one day a week but could handle
more material in the future.
CM Heidner suggested moving the processing to the West Plant. Mr. Wagner said he has
already discussed acquiring more land from the property owner immediately to the east of
the East Plant.
CM Struthers asked how much land is needed for sludge spreading at full capacity. Mr.
Fields didn't know how many acres are needed. Mayor Fournier asked if there is any value
to Otsego to process sludge for other cities. Mr. Fields said there could be.
March 4, 2004, 4 PM was set for a City Council Workshop to discuss sewer operations
further. The City Planner and City Engineer will also attend.
Tom Darkenwald, 7767 River Road, Otsego, on behalf of the Darkenwald Family thanked
the Council for their letter to MnDOT in support of an interchange at CSAH 42 and 101.
5. Consent Agenda. (Non -controversial items).
5.1. Approve Claims List.
5.2. Pav Estimate No. 8 for $65,177.88 for Park Construction to American
Liberty Construction Inc.
5.3. Change Order No. 1 for East Wastewater Treatment Phase II for
$34,361.00 to Gridor Construction Inc.
5.4. Pay Estimate No. 1 for Lefebvre Creek Ditch for $105,974.88 to Dennis
Fehn Excavating & Gravel.
ITEM 5.2. WAS REMOVED DUE TO LACK OF INFORMATION.
Item 5.4. Was removed and placed under Item 7.4. For discussion.
CM Heidner motioned adoption of the Consent Agenda excluding Items 5.2. and
5.4. Seconded by CM Struthers. All in favor. Motion carried.
6. Dan Licht, City Planner.
6.1. Final Plat for Otsego West
Dan Licht presented the Planners Report. Ron Wagner presented the Engineering Report
and said he has discussed the changes with the applicant, Scott Dahlke. Mr. Dahlke said
the development name has been changed from Otsego West to Otsego Preserve.
CM Scharber motioned to approve the Final Plat for Otsego Preserve subject to the
7 conditions listed in the Findings of Fact. Seconded by CM Heidner. All in favor.
Motion carried.
7. Ron Wagner, City Engineer.
7.1. Consider Change Order #2 and Pay Estimate #6 for Trunk Watermain
along CSAH #19 and 70`h Street
Ron Wagner went over the Change Order and Pay Estimate.
City Council Meeting of February 9, 2004. Page 3.
CM Heidner motioned to approve Change Order No. 2 for $11,345.22. Seconded by
CM Struthers. All in favor. Motion carried.
CM Scharber motioned to approve Pay Estimate No. 6. to LaTour Construction for
$14,719.16. Seconded by CM Struthers. All in favor. Motion carried.
7.2. Consider Chanize Order #11 for $6,779.39 for Park Construction
This was removed from the agenda for lack of information.
7.3. Traffic counts on CSAH 42.
Ron Wagner went over the attached traffic counts.
5.4. Lefebvre Creek Ditch.
Mayor Fournier said he was told the culverts under CSAH 42 on the northeast side are
different lengths. Mr. Wagner said he would check into this and if one is shorter an
extension could be added but this wouldn't change the payment since the payment is for
work completed.
CM Struthers motioned to approve the partial payment of $105,974.88 to Dennis
Fehn Excavating & Gravel. Seconded by CM Scharber. All in favor. Motion
carried.
Ron Wagner informed the Council that the west water system will be turned on Tuesday
or Wednesday.
8. Andrew MacArthur, City Attorney.
8.1. Public Hearing for LandCor Inc for the Vacation of Easement at the
Tom Thumb location.
Mr. MacArthur explained the purpose of the Public Hearing.
Judy Hudson attested all proper noticing was completed. She also noted she received a
letter from Center Point Energy Minnegasco that they have no facilities within the
described area and has no objection to its vacation. She also received phone calls from
Trish Ringler and Ruby Thibodeau who both stated they have no objections to the
vacation.
Mayor Fournier opened the Public Hearing at 7:40 PM for Public Comment.
Hearing no public comment he closed the Public Hearing at 7:41 PM.
CM Heidner motioned to approve Resolution No. 2004-05 approving Vacation of a
portion of a drainage and utility easement in Lot 5, Block 1 Mississippi Shores 6`h
Addition. Seconded by CM Scharber. All in favor. Motion carried.
8.2. Consider Waiving Statutory Tort Limits
Mr. MacArthur explained and recommended not to waive.
CM Heidner motioned not to waive the Statutory Tort Limits. Seconded by CM
Scharber. All in favor. Motion carried.
8.3. Consider Dog Ordinance.
Mr. MacArthur reviewed the proposed Ordinance. The Council requested to remove the
Release Fee, reword Section 17 to include from time to time with the Council, and check
City Council Meeting of February 9, 2004. Page 4
with local vets for the recommended time period for vaccination of rabies and distemper.
On Page 12, Section 8 should read domestic/farm animal inserted in second sentence.
8.4. Nuisance Update.
Mr. MacArthur went gave a nuisance update.
9. Council Items:
9.1. East and West Sewer Plant Update.
Previously discussed.
9.2. Appoint Commission Members
CM Heidner motioned that all expiring terms on all commissions be extended until
April 1, 2004 or earlier if appointed by the City Council. Seconded by CM
Scharber. All in favor. Motion carried.
Council directed the City Clerk to set up interviews prior to the Council and Planning
Commission Meetings in March.
9.4. Snowmobile Ordinance.
CM Scharber wants the snow removed from the bike paths as he feels the snowmobiles
will destroy the paths. The Council agreed and directed the City Clerk to inform Dave
Chase that the snow removal should be done to streets, bike paths, clean up cul-de-sacs,
then widen the streets. Mayor Fournier stated that if Dave Chase needs more people and
equipment the Council will address his needs.
CM Heidner requested to amend the Snowmobile Ordinance 2001-12, Section 1-5-C
regarding snowmobiles not being able to stay within the 6 feet of roadway surface when
there is an obstruction. He feels this is an safety issue and made the following motion:
CM Heidner motioned to amend Section 8-1-5.c. or Ordinance 2001-12 to include
except where an obstruction prevents passages within said distance of the roadway,
the entire right-of-way may be used only to bypass the obstruction. Seconded by
Mayor Fournier.
Voting For the Motion: Mayor Fournier, CM Heidner, and CM Scharber.
Voting Against the Motion: CM Struthers.
Motion carried three (3) to one (1).
Mayor Fournier supported this motion since he feels this is a safety issue.
9.5. Set Administrative Sub -committee Meeting,
Mayor Fournier set Tuesday, February 17, 2004 at 2 PM.
9.6. City Council Workshop
CM Struthers wants a workshop to plan for a Post Office. CM Heidner wants to discuss
if the City can donate land for a Post Office. Council directed City Clerk to add this item
to the February 18, 2004 City Council Workshop with People's Service.
10. Mike Robertson City Administration
Mike was absent.
City Council Meeting of February 9, 2004. Page 5
11. Judy Hudson, City Clerk
Judy said she has a proposed Peddler's Ordinance. The Council directed her to have the
Police Commission review and give a recommendation.
9.3. Closed Meeting for Attornev/Client Privilege
CM Scharber motioned to close the Council Meeting. Seconded by CM Struthers.
All in favor. Motion carried.
Meeting closed at 8:29 PM.
Attending: Mayor Fournier, CM Heidner, CM Struthers, and CM Scharber.
Staff: Judy Hudson, City Clerk; Andrew MacArthur, City Attorney and Ron Wagner,
City Engineer.
CM Scharber motioned to re -open the meeting. Seconded by CM Struthers. All in
favor. Motion carried.
Meeting reopened at 8:56 PM.
12. Adjourn by 10 PM.
Mayor Fournier motioned to adjourn. Seconded by CM Scharber. All in favor.
Motion carried.
Meeting adjourned at 8:57 PM.
e-1- —
IIWW
yor La ournier
ATTES;�4 kM
d Hut�,City Clerk/Zoning Adm.