08-13-07 CCOTSEGO CITY COUNCIL MEETING
OTSEGO CITY HALL
AUGUST 13, 2007
6:30 PM
1 Mayor Larry Fournier will call the meeting to order.
Mayor Fournier call the meeting to order at 6:31 PM.
Roll Call: 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; Ron Wagner, City Engineer; Daniel Licht,
City Planner; Andrew MacArthur, City Attorney; Brad Belair, Public Works Supervisor
and Tami Loff, Administrative Assistant.
Pledge of Allegiance: Mayor Fournier led in the Pledge of Allegiance.
2. Consider agenda approval.
Mayor Fournier requested to move item 10.1 to 6.0 and add item 10.3. 62nd Street
Discussion. Mike Robertson added item 12.1. Mowing update. CM Darkenwald added
item 9.4. Update on Bridges.
CM Heidner motioned to adopt the August 13, 2007 City Council Agenda as
amended. Seconded by CM Stockamp. All in favor. Motion carried.
3. Consider the following minutes.
3.1. July 23 2, 007 C& Council MeetiW
CM Heidner said that on page 3 the motion to give Doug Undenfelser a $175 rebate
should include the reason for rebate was because of miscommunication with staff.
CM Heidner motioned adoption with correction. Seconded by CM Thorsted.
All in favor. Motion carried.
4. Open Forum: (5 minute limit)
Lima Lewis, 12301 951' St, Hoofbeats and Heartbeats owner, said that one of her
horses was shot and brought in photos for council to see. She is concerned with the
hunting going on around her property. Mayor Fournier suggested City Planner Dan Licht
review the no discharge map.
Steve Bono, Heritage Development, Regarding the warranty agreement for Duerr
Creek. They have never done a letter of credit before and are wondering if a Warranty
Bond would be acceptable. Mayor Fournier asked what is the advantage of a Bond
instead of Letter of Credit. Mr. Bono said that a Letter of Credit in the banks eyes is
cash and a Warranty Bond is not City Attorney Andy MacArthur said that we normally
do a letter of credit. Mayor Fournier said that they would stay with a letter of credit
S. Consent Aaenda. (Non -controversial items).
5.1. Approve Claims List.
5.2. Received June 12, 2007 Police Commission Minutes.
5.3. Resolution Transferring Funds.
5.4. Heritage Preservation Commission By-laws.
City Council Meeting August 13, 2007. Page 2.
5.5. Received July 11, 2007 Park & Rec Commission Minutes.
5.6. Approve Pay Estimate #5 for Elevated Water Storage for Tank &
Tower #3 to Pittsburg Tank & Tower Company in the amount of
$221,103.00.
5.7. Ryan Target revised Developers Agreement.
5.8. Ryan -Target revised Waterline Easement.
5.9. Removed
5.10. Dental Insurance Renewal.
5.11. Building Safety Department Refund Policy.
5.12. Civic Systems annual conference.
5.13. Revised Personnel Policy.
5.14. June 2007 Cash & Investment Report.
5.15. Approve Computer Purchase.
5.16. Approve Pay Estimate #1 for Sewer Extension to Grenin's
Mississippi Hills to Kober Excavation in the amount of $70,123.50.
5.17. Approve Final Pay Estimate #1 for Waterfront East Street and
Utility Construction to Veit & Companies in the amount of
$90,722.61.
5.18. Approve Final Plat Estimate #1 for 2007 Otsego Street Maintenance
Project to Allied Blacktop in the amount of $167,607.92.
CM Heidner would like to move item 5.9. Sherrie Le Human Resource &.Labor Relations
Services, LLC to item 12.2.
CM Heidner motioned adoption of the Consent Agenda as amended.
Seconded by CM Thorsted. All in favor. Motion carried.
6. Old Business.
PUBLIC HEARING:
10.1. Petition for Annexation.
City Clerk/Zoning Administrator Judy Hudson said that she received a letter from Wright
County Planning and Zoning Administrator Tom Salkowski asking the City to deny the
petition.
Andy MacArthur, City Attorney gave an update on the petition.
Mayor Fournier opened the Public Hearing at 7:00 PM.
Joe Schaefer, MN Landscapes, said that he feels the annexation would be beneficial to
not only them but also to the land owners and the City. He said that they picked this
property because they need land to grow their product.
Franklin Denn, Monticello Township, said that they are opposed to annexation. Mr.
Denn feels that there is a better solution than annexation and that boundaries should
stay as is. CM Heidner asked what he feels the better solution is. Mr. Denn said that the
County could upgrade the road.
Tom Salkowski, Wright County Planning and Zoning, said that he would like to see the
City, Monticello Township and the County work to together on this issue.
Shannon Bye, Monticello Township Supervisor, said that she is surprised to see it come
to annexation and she feels this can be resolved without annexation.
City Council Meeting August 13, 2007. Page 3.
Jeff O'Neill, Monticello City Administrator, said that in their city they would never annex
property without utilities. Mayor Fournier asked about Monticello supplying utilities. Mr.
O'Neill said this is out side of their area.
Pat Sawatzke, Wright County Board of Director, stated that they worked 18 months on
updating the County Land Use Plan and just adopted it two weeks ago. This annexation
is inconsistent with the County plan. He is asking the City to sit down and figure out a
something instead of annexation.
John Garry, MN Landscapes, said they explored a lot when looking for land to meet
their needs. They were told by the County to find a solution with Otsego.
Mr. O'Neill said he felt annexation is premature.
Mayor Fournier asked City Attorney Andy MacArthur if utilities must be available when
annexation. Mr. MacArthur said that State statues do not require it. Dan Licht, City
Planner, said that the City has not promised utilities to them.
Mayor Fournier closed the Public Hearing at 7:57 PM.
Mayor Fournier stated that the property is in Monticello Township and the road is in
Otsego and it is important for them to plan a future together. He feels that the city
should consider the needs in a timely manner. CM Darkenwald asked if annexation is
mentioned in our Comp Plan. Mr. Licht said no.
CM Thorsted motioned to approve Resokdion 2007-53. Seconded by Mayor
Fournier. Motion failed 3-2 with CM Darkenwald, CM Stockamp and CM
Heidner opposing. CM Heidner said that those who said that they w1R work
with a solution need to step up. He said that they have 10 days or he will
change his vote.
Mr. Salkowski said that Aug 23`d is their next meeting and they will not be able to do
anything until then. He is willing to sit down anytime. Mr. Salkowskl asked far Council to
appoint someone from City Staff to talk to. Mayor Fournier said that City Planner Dan
Licht will be available.
6.1. Duke Realty Tax Abatement Agreement.
City Attorney Andy MacArthur went over the agreement.
CM Heidner motioned adoption of the Duke Realty Tax Abatement and
Business Subsidy Agreement No.204560v2. Seconded by CM Stockamp. All in
favor. Motion carried.
11.. Consider CSAH 37 Access Agreement.
Agreement was continued from the last City Council Agenda.
Mayor Fournier motioned to adopt CSAH 37 Access reement. Seconded by
CM Stockamp. Motion passed 4-1. CM Heidrw opposed.
6.2. Review proposed 2007 Bond Financinq.
Finance Director Gary Groen went over the structure of the proposed Bonds.
Bob Fields, LandCor Inc, was In regarding the Friendship and Waterfront East 3r'
Addition Plats. Said that he did not realize when he posted security that they would
have to be constructed together. He said that they are two separate owners and that
they are ready for Friendship to go but not Waterfront East 3`d. City Engineer Ron
Wagner said that he met with the contractor Northdale about going forward with
City Council Meeting August 13, 2007. Page 4.
Friendship Addition but not Quantrelle Ave. If we go ahead with 8e Street they would
want money to remove the Quantrelle Ave project and they are not interested in
holding the work for next year. Would be $65,000 additional cost.
Andy said that the main concern is that someone posts the security.
7. Public Works.
7.1. Discussion of Irrigation at East WWTF.
Brad Belair, Public Works Supervisor went over quotes he received for irrigation at the
East Waste Water Treatment Facility. Mr. Robertson said that he has received calls
regarding the trees planted this year looking dry. Mayor Fournier suggested this be put
on the next agenda.
8. Dan Licht, City Planner.
8.1. Waterfront East 3"d Addition Final Plat.
Dan Licht presented the Planner's Report. Ron Wagner presented the Engineer's Report.
CM Heldner motioned to approve a Final Plat for Waterfront East P Addition
subject to the seven conditions listed in the Planner's Report dated August
13, 2007. Seconded by CM Thorsted. All in favor. Motion carried.
9. Ron Wagner, City Engineer.
9.1. Consider Resolution No 2007-50 Awarding Booster Station #1.
City Engineer Ron Wagner said that the low bid was from Jay Bros, Inc in the amount
of $435,600.00.
Mayor Fournier motioned to approve Resolution 2007-50. Seconded by CM
Stockamp. All in favor. Motion carried.
Assistant Engineer Brent Larson presented the Feasibility Report for 70"' Street. CM
Heidner asked if Albertville has seen this agreement. Mike and Ron will be attending
Albertville's Council meeting next Monday to go over it. CM Darkenwald asked how this
will be paid for. Mr. Robertson said out of the road access fund for Kadler Ave and 70"'
Street.
CM Darkenwald motion to approve Resolution 2007-51 Accepting Feasibility
Report for 7Oti' Street Improvement. Seconded by CM Thorsted. All in favor.
Motion carried.
CM Darkenwald motioned to approve Resolution 2007-52 Approving Plans
and Specifications and Advertising for Bids for W Street improvement.
Seconded by CM Stockamp. All in favor. Motion carried.
9.4. Update on Bridges in our Community.
CM Darkenwald asked City Engineer Ron Wagner to look into the bridges that service
our community. Mr. Wager said he will have Jeff Goldman from his office look into it
and bring it back to the Council on the next agenda.
City Council Meeting August 13, 2007. Page S.
10 Andrew MacArthur, City Attorney.
10.3. 62nd St Discussion.
Mayor Fournier updated Council on the 62"d Street issue with Gerard Zachman. Mayor
told Mr. MacArthur that we should go to the next step with Mr. Zachman.
11, Council Items.
11. 1 Consider 7e Street Agreement.
Width should increase to 26 feet.
Mayor Fournier motioned to approve with modifications that the width
should increase to 26 feet Seconded by CM Heidner. All in favor. Motion
carried.
12. Mike Robertson, City Administrator.
12.1. Update on Mowing.
Mr. Robertson updated the Council on code enforcement mowing.
5.9. Sherrie Le Human Resources.
CM Heidner motioned to approve amount with understanding that she will fix
the problem not just do analysis. Seconded by CM Thorsted. All in favor.
Motion carried.
a Judy Hudson Ci!y Clerk.
13.1 Discussion of changing voting precinct to Public Works Building.
Council agree on holding voting at the Public Works Building in 2008.
14. Adjourn by 10 PM.
CM Darkenwakl motioned to adjourn the meeting at 10:20 PM. Seconded by
CM Stockamp. All in favor. Motion carried.
Mayor Larry Fournier
ATTEST:
Ludy Hudson, City Clerk/Zoning Adm.
Recorded by: Tani Lot% Administrative Assistant