11-10-03 CCCITY COUNCIL MEETING
NOVEMBER 10, 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 6:30 PM.
Roll Call: Mayor Larry Fournier; Councilmembers: Dan Scharber, Vern Heidner,
Virginia Wendel and Jerry Struthers.
Staff: Mike Robertson, City Administrator; Judy Hudson, City Clerk/Zoning
Administrator; Andrew MacArthur, City Attorney; Dan Licht, City Planner and Ron
Wagner, City Engineer.
Pledge of Allegiance. Mayor Fournier led in the Pledge of Allegiance.
2. Consider agenda approval.
CM Scharber requested to remove Item 5.2. and put under Item 9.4. and add under Item
9. Recommendation to Wright County Sheriff Department. CM Wendel requested to add
under Item 9.5. Police Commission Update. Mayor Fournier requested to move Item 6.4.
to Item 6.0. and Item 10.4. to Item 6.0.
CM Heidner motioned to adopt the agenda as amended. Seconded by CM
Struthers. All in favor. Motion carried.
3. Consider the following minutes:
3.1. October 27, 2003 City Council Meeting.
CM Wendel motioned to approve the minutes. Seconded by CM Scharber. All in
favor. Motion carried.
3.2. September 4, 2003 Council Workshop
CM Struthers motioned adoption. Seconded by CM Wendel. All in favor. Motion
carried.
4. Open Forum: (5 minute limit)
No one appeared on Open Forum:
4.1. Special Presentation.
A. Senator Mark Ourada and Representative Dick Borrell
Senator Ourada and State Representative Borrell were in attendance at the meeting and
Senator Ourada explained the big items this legislative session will be bonding and
transportation. He thinks the budget will be easily balanced.
CM Heidner said he isn't opposed to the levy limits but the state has to allow for growth.
Without this growing cities like Otsego can't expand the services to accommodate all the
new growth.
Mike Robertson brought up the Highway 101 improvements with the State now telling us
Otsego has to come up with 10% to 30% of the costs. Senator Ourada feels this is a State
responsibility since this is a trunk highway and they shouldn't require the cities to fund
anything. He encouraged everyone to make phone calls to them on issues.
City Council Meeting of November 10, 2003. Page 2.
5. Consent Agenda. (Non -controversial items)
5.1. Approve Claims List.
5.3. Final Payment for Jaber Avenue Culvert $2,753.60.
5.4. Pay Estimate #1 for Lift Station #3 $200,780.60.
5.5. Pay Estimate #3 for Pump house #3 $87,156.89.
5.6. Pay Estimate #2 for Wells #4 & 5 $37,962.00.
5.7. Pay Estimate #4 for Trunk Watermain on CSAH 19 & 70" $68,767.65.
5.8. Pay Estimate #6 for 85`" & Page $88,279.58.
Item 5.2. was removed and placed under Item 9.4.
CM Heidner motioned adoption. Seconded by CM Wendel. All in favor. Motion
carried.
6. Dan Licht, City Planner:
6.4. Clem Darkenwald Request for Waiver of Final Plat Requirement to file
within one year.
Dan Licht presented the Planner's Report. Clem Darkenwald, applicant and developer,
asked the Council for a waiver since he feels he wasn't given fair treatment because of
MnDOT's Plan for an overpass at CSAH 42 and Hwy 101. He stated that the
Comprehensive Plan states that CSAH 42 and Hwy 101 are vital and access should be
there and he wants the Council to support the Comprehensive Plan.
Mayor Fournier motioned for applicant to re -apply for Preliminary Plat and that
the fee doesn't exceed $500.00. Seconded by CM Wendel. All in favor. Motion
carried.
Mr. Darkenwald feels staff has given out misinformation about an overpass and as a
result he has lost some major tenants. He asked for a letter from the City stating that the
City will back up their Comprehensive Plan. Mr. Darkenwald said he does understand
that a lot of this had to do with MnDOT not making up their minds.
Mayor Fournier said the City's Comprehensive Plan is a guide and that all accesses are
vital to this community. Mike Robertson said staff is constantly asked about plans for
Highway 101 and we give everyone the same answer explaining the overpass.
Mr. Darkenwald requested a letter from the_ City. Mike Robertson replied this issue is
between the Darkenwalds and MnDOT.
Mr. Brad Gunn, attorney representing Clem Darkenwald, stated Mr. Darkenwald wants
some type of affirmation from the City that it supports what is in the Comprehensive Plan
so Mr. Darkenwald can develop. CM Heidner,said it's disingenuous to ask for a letter
from the Council supporting one sentence in the Comprehensive Plan as if nothing else
counts. The City will be looking at the Comprehensive Plan in 2004 and it very well
could change.
Mayor Fournier motioned that the City Council supports its Comprehensive Plan as
of November 10, 2003 and the Comprehensive Plan will be reviewed in 2004 and
could change at that time. Seconded by CM Struthers. All in favor. Motion
carried.
City Council Meeting of November 10, 2003. Page 3.
6.1. Waterfront East Preliminary Plat and EAW.
Dan Licht presented the Planner's Report. Ron Wagner went over the Engineering Items,
which included requiring deeded ROW for MnDOT for the future interchange. Audie
Tarply of LandCor said they would convey the ROW back to the city; the other items are
all part of the process and will be corrected and completed.
Mr. Fields requested to work with staff regarding sewer capacity and the timing of his
development. He thanked the City for their hard work on this project and their support for
an interchange at County Road 39.
CM Heidner was concerned with residential going in first and then commercial being
built in front of them. Mr. Fields assured him all this would be disclosed. Mayor
Fournier said he never envisioned residential in this area and all other developers have
been told no sewer is available for residential.
The Council agreed for staff to look at working with Dayton to see if they would sell any
of their unused capacity.
CM Heidner motioned to approve a rezoning to PUD District, PUD General
Development Stage Plan and preliminary plat for waterfront East, subject to the 20
conditions listed in the Findings of Fact. Seconded CM Struthers. All in favor.
Motion carried.
CM Heidner motioned to adopt findings that the proposed Waterfront East does not
have potential for significant environmental effects and that preparation of an EIS
is not to be required based on a review of the submitted EAW and evidence
received, subject to the one condition listed in the Findings of Fact. Seconded by
CM Struthers. All in favor. Motion carried.
6.2. Consideration of Kittredge Crossing 2"d Addition Final Plat.
Dan Licht presented the Planner's Report. Ron Wagner presented the Engineering
Report. The applicant, Lucinda Gardner, agreed with all the conditions.
CM Struthers motioned to approve the Kittredge Crossings 2"d Addition Final Plat,
subject to the 6 conditions listed in the Findings of Fact. Seconded by CM Wendel.
All in favor. Motion carried.
6.3. Request for Final Plat Extension - Riverwood National.
Dan Licht presented his memo regarding the extension.
Mayor Fournier motioned to extend the deadline for the Final Plat until March 20,
2004. Seconded by CM Wendel. All in favor. Motion carried.
7. Ron Wagner, City Engineer:
7.1. Construction Update
Mr. Wagner said the Water tower would be worked on through the winter. The first lift
of pavement will go on the 87`" and O'Brian Avenue this week and completion will be
next year. Sunray Farms have 4 crews working; Pleasant Creek Farms will be paved
before Thanksgiving.
City Council Meeting of November 10, 2003. Page 4.
8. Andrew MacArthur, City Attorney
8.1. Adoption of Assessment Roll for 851h Street Extension.
Jim Kolles, representing Kolles Family Limited Partnership, stated although they were
never in favor the street and are concerned about the interest rate, they would work with
the City. Mr. MacArthur requested to table until November 24, 2003.
Mayor Fournier motioned to table to the November 24, 2003 City Council Meeting.
Seconded by CM Heidner. All in favor. Motion carried.
8.2. Adoption of Assessment Roll for Waterfront West.
CM Heidner motioned adoption of the Assessment Roll for Waterfront West of
$1,674,901.92. Seconded by CM Scharber. All in favor. Motion carried.
9. Council Items:
9.1. East and West Sewer Plant Update.
Previously updated.
9.2. 2004/2005 Contract - Police Services from Wright Count
The Council wants a one-year contract.
CM Wendel motioned to approve the Police Service Contract for one year only.
Seconded by CM Struthers. All in favor. Motion carried.
9.3. LandCor Request for Assessment of SAC/WAC Fees - Hotel/Water Park
Bob Fields of LandCor said he would like to review the fee amount and have it assessed
next year. He said he was very happy with the City's assessment process.
9.4. Assessor Contract.
CM Struthers motioned to adopt new pay schedule as outlined in the June 30`h
memo by the City Assessor and to start charging $50 per parcel for new
construction. Seconded by Mayor Fournier. All in favor. Motion carried.
9.5. Wright County Sheriff Issues.
CM Scharber said that since the speeding complaints are for the 4:30 PM to 7 PM, he
would like to see the deputies out on the streets at that time.
9.6. Police Commission Update.
CM Wendel said the Police Commission has requested monthly reports from the Speed
Wagon; County Road 42 needs speed signs, and to put the. Speed Wagon on County Road
39. They also want a Peddlers Ordinance, junk cars license, and a street light on Kadler
and County Road 39.
Mike Robertson was directed to write a letter to the Police Commission regarding
contacting people.
10. Mike Robertson, City Administrator:
10.1 Alarm Calls Update
The Council requested the businesses on the False Alarm Calls List to receive letters.
10.2 Budget Update
The Council would like copies to review.
City Council Meeting of November 10, 2003. Page 5.
10.3. Peavey House Appraisal
Mike hasn't yet received the appraisal.
10.4. Highwav 101 Update
Previously discussed.
11. Judy Hudson. Cit Clerk.
lerk.
None.
12. Adjourn by 10 PM.
Mayor Fournier motioned to adjourn. Seconded by CM Wendel. All in favor.
Motion carried.
Meeting adjourned at 10:24 PM
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Attest: A )ALkff \�
Jud udso ity Clerk/Zoning Administrator