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07-09-07 CCITEM 3_1 OTSEGO CITY COUNCIL MEETING OTSEGO CITY HALL 3ULY 9, 2007 6:30 PM 1 Mavor Larry Fournier will call the meeting to order. Mayor Fournier called the meeting to order at 6:30 PM. Roll ll: Mayor Larry Fournier; Councilmembers: Vern Heidner, Jessica Stockamp, Tom Darkenwald and Mark Thorsted. Staff: Mike Robertson, City Administrator; Judy Hudson, City Clerk/Zoning Administrator; Gary Groen, Finance Director; 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. Mayor Fournier requested to remove Item 5.2. to under Item 11.1; under Item 11.2. add Financial Reports. CM Heidner motioned to adopt the 3uly 9, 2007 City Council Agenda as amended. Seconder! by CM Stockamp. AN in favor. Motion carried. 3 Consider the following minutes. 3.1. June 25 2007 City Council Meeting CM Heidner motioned to adopt the , minutes. Seconded by CM Stockamp. AN in favor. Motion carried. 4 Open Forum: (5 minute limit) Jolene Jorgenson, IDS 728 School Board Member. Ms. Jorgenson on behalf of the Elk River School Board invited the Otsego City Council to have a joint meeting to discuss various issues and to have a better relationship with Otsego and Staff. August 1st and August 22nd at 6 PM were picked for Ms. Jorgenson to suggest to the School Board. 5 Consent Agenda (140n-contraversiai items) 5.1 Approve Claims List. 5.2. REMOVED to Item 11.1. 5.3. Approve Pay Request to Bonesbw in the amount of $17,657.00 for WWTF East. 5.4. Summary Ordinance Adult Use. 5.5. City Hall and Public Works Cleaning Proposal. 5.6. Approve Pay Request to S.R. Weidema in the amount of $82,086.96 for Dual Forcemain Project. 5.7. DM400 C Digital Mail Machine with letter opener. CM Heidner motioned adoption of Consent Agenda as amended. Seconded by CM Sfiodcamp. All in favor. Motion carried. 2 6. Old Business. There were no items. 7. Public Works. There were no items. 8. Dan Licht, City Planner. 8.1. T -Mobile USA: A. CUPNariance. Dan Licht presented the Planner's Report. The applicant, Steven Edwards, was in attendance and stated the 70 foot tower would meet their needs. CM Heidner questioned the submitted map showing coverage and questioned areas of poor coverage and yet there are residents living there that have good coverage. He also showed the applicant that the map they previously submitted doesn't match and that the map tonight is new information. CM Heidner would like the applicant to check into other potential locations in Otsego's commercial and industrial areas. Mayor Fournier wants the applicant to check into other sites, get the distance from this proposed site to the new tower in Elk River and submit new coverage maps. 9. Ron Wagner, City Engineer. 9.1. Consider awarding Quantrelle Ave/88"' St Project. Ron Wagner went over the bids. Mayor Fournier motioned to adopt Resolution 2007-41 accepting the bid from Northdale Construction Co., Inc, for $509,516.87 for Improvement Project No. 07-04, Quantrelle Avenue and 88th Street. Seconded by CM Heidner. All in favor. Motion carried. 9.2. Consider accepting Feasibility Report for Otsego Creek -North and order preparation of Plans and Specifications. Ron Wagner went over the proposed project. CM Heidner recommended getting an easement from Eugene Goenner for the City to get down to Otsego Creek. CM Thorsted motioned to adopt Resolution 2007-43 accepting the Feasibility Study for proposed Otsego Creek Drainage Improvements 83rd Street NE to County Road 39. Seconded by CM Heidner. All in favor. Motion carried. 9.3. Consider approving Plans and Specifications for Booster Station #1 and Altitude Valves and Order Advertisement for Bids. Ron Wagner went over the proposed Pressure Control Station No. 1. CM Darkenwald motioned to approve Resolution No. 2007-42 approving Plans and Specifications and ordering advertisements for bids for Improvement Project NO. 07-03, Pressure Control Station No. 1. Seconded by CM Stockamp. All in favor. Motion carried. 3 10 Andrew MacArthur, City Attorney. PUBLIC HEARINGS: 10.1. Duke Realty: A Vacation of right of way 65th Street TH 101 and future Queens Ave as Bart of the Duke Realty project. Andy MacArthur went over the proposed vacation. Mayor Fournier opened the Public Hearing at 7:55 PM. Judy Hudson attested that the proper noticing and publishing was completed. Hearing no public comment, Mayor Fournier closed the Public Hearing at 7:56 PM. CM Heidner motioned to adopt Resolution 2007-44 approving vacation of a portion of right of way in the City of Otsego, County of Wright — turn back property released by the State of MN effective March 1, 2007 pursuant to Notice of Release of Trunk Highway No. 1348 and reserving existing utility easements. Seconded by CM Thorsted. All in favor. Motion carried. 10.2. Proposed adoption of Business Subsidy criteria. Andy MacArthur went over Duke's request. Mayor Fournier opened the Public Hearing at 8:03 PM. Judy Hudson attested all proper noticing and publishing was completed. There were no public comments. Mayor Fournier closed the Public Hearing at 8:04 PM. CM Heidner motioned to adopt Resolution No. 2007-45 adopting a Policy and Criteria for Granting Business Subsidies. Seconded by CM Stockamp. All in favor. Motion carried. 10.3. Proposed properly tax abatements for the Duke Realty project. Andy MacArthur went over the proposal and stated that Duke's attorney just received the document and would like more time to review. Mike Robertson said he talked to David Blade from Duke and they have no issues but their attorney needs time to review. Mayor Fournier opened the Public Hearing at 8:10 PM. There were no public comments. CM Thorsted motioned to continue the Public Hearing to July 23, 2007. Seconded by CM Heidner. Voting For the Motion: Mayor Fournier; CM Heidner, CM Stockamp and CM Thorsted. Abstained: CM Darkenwald. Motion carried. NON HEARING ITEMS: 10.4. Albertville Border Road Agreement. Andy MacArthur and Ron Wagner went over the proposed Agreement. CM Heidner stated he feels this Agreement is too complicated. He said he would prefer separate agreements for each road. CM Heidner said Otsego would be rd paying for another improvement to a County Road and this one wouldn't benefit Otsego for quite awhile. Mike Robertson said the County would have to approve the design for CSAH 19 so this does not provide any additional authority to them. In terms of getting reimbursed for a road already built; this would be the same as what was done for 78th Street. Farr Development is saying Otsego hasn't done 70th Street but they have paid funds toward this improvement. Mr. Robertson doesn't want to see this agreement thrown out but would prefer instead to make changes. Mike also said that the developer of the Eide property will end up paying for the right- of-way on 62nd Street. CM Thorsted noted the Albertville's payment for MacIver is a big reason to sign the agreement. Mayor Fournier stated he agrees with some of the comments from everyone and that although this is not a perfect agreement he feels it is a good starting point. CM Heidner responded to Farr's complaint pointing out that Otsego did MacIver Avenue and we would like to improve 70th Street but Albertville won't. He also doesn't like Section 8.b. in the Contract. Mike suggested referencing a specific project which would start the road improvement. Mayor Fournier suggested that Albertville provide the ROW for 62nd Street since Otsego provided the ROW for MacIver. CM Stockamp suggested a joint Workshop with Albertville. Council suggested July 24, 2007 and directed Mike to contact Albertville. 10.5. Consider ordering to secure propert�r at 14266 78th Street. Mayor Fournier motioned to approve the Order to Secure Vacant Building at 14266 78th Street NE, Otsego MN (PID 118-037-003130). Seconded by CM Heidner. All in favor. Motion carried. 10.6. Approve assessing properties for unmowed lawns. Mr. MacArthur went over the revisions to the letter. Mayor Fournier motioned to approve the letter as amended. Seconded by CM Stockamp. All in favor. Motion carried. 10.7. Petition for Annexation. Andy MacArthur (7:08 PM) explained the applicant had all the property owners involved sign the petition. Mr. MacArthur explained the procedure for annexation. (Note: Property owners Michael and Alice Helfert and Eileen Shierts were in attendance along with the applicants (MN Native Landscapes). CM Heidner motioned to accept the valid petition from all the affected property owners for annexation. Seconded by CM Stockamp. All in favor. Motion carried. CM Thorsted motioned to set the Public Hearing for August 13, 2007 at 6:30 PM. Seconded by CM Heidner. All in favor. Motion carried. Mayor Fournier and Andy MacArthur said they will attend the next Monticello Township Board Meeting regarding this annexation request. 11. Council Items. 5.2. Approve Pay Request to Bonestroo in the amount of $2,596.54 for WWTF West & WWTF East. Removed from the Consent Agenda. Mr. MacArthur said this being handled by the League of MN Cities. Council agreed to hold payment until this issue is resolved. 11.2. Financial Report Mayor Fournier requested a Staff Report showing the Building Department's Revenues and Expenditures. 12. Mike Robertson, City Administrator. 12.1. Change Order No. 10 to Bonestroo in the amount $1,400 for Otsego East Wastewater Treatment Facility. Mike went over the Change Order. Mayor Fournier motioned to approve. Seconded by CM Heidner. All in favor. Motion carried. The Council noted that the transformer should be covered by insurance. 13. Judy Hudson, City Clerk. Judy requested Council authorization allowing Deputy Clerk Karee Rowell and Administrative Assistant Tami Loff to stay one night at the Clerk's Institute. CM Darkenwald motioned to approve the one night hotel stay. Seconded by CM Stockamp. All in favor. Motion carried. Judy also requested another "awning tent" for City Council and Staff to use at this year's festival. The Council agreed and CM Stockamp will purchase. 14. Adjourn by 10 PM. CM Stockamp motioned to adjourn. Seconded by CM Darkenwald. All in favor. Motion carried. Meeting adjourned at 9:45 PM. Mayor Larry Fournier ATTEST: Judy Hudson, Clerk/Zoning Admin.