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08-27-07 CCITEM 3-1- OTSEGO CITY COUNCIL MEETING OTSEGO CITY HALL AUGUST 27, 2007 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: Vern Heidner, Jessica Stockamp, Mark Thorsted and Tom Darkenwald. Staff: Mike Robertson, City Administrator; Judy Hudson, City Clerk/Zoning Administrator; Gary Groen, Finance Director; Andrew MacArthur, City Attorney; Dan Licht, City Planner; Ron Wagner, City Engineer, Tim Rochel, Building Official and Brad Belair, Public Works Supervisor. Pledge of Allegiance: Mayor Fournier led in the Pledge of Allegiance. 2. Consider agenda approval. Mayor Fournier requested to add Item 9.7 Wright County Letter 7-25-07, and Item 10.3. 62nd Street update. Mike Robertson requested to pull Item 6.2. Irrigation at East WWTP to the September meeting. CM Heidner motioned to adopt the agenda as amended. Seconded by CM Stockamp. All in favor. Motion carried. 3. Consider the following minutes. 3.1. August 13, 2007 City Council Meeting. CM Heidner under Item 11, modifications to 70"' Street, should include in decreasing street width to 24 feet. CM Heidner motioned adoption of the minutes as corrected. Seconded by CM Thorsted. All in favor. Motion carried. 4. Open Forum: (5 minute limit) 4.1. Special Presentation: Introduction of Little Miss and Mister Otsego Candidates. Rose Cassady, Chair of Festival, thanked the parents of the candidates for their support and making this possible. Rose Cassady introduced the existing royalty starting off with the current Little Miss Otsego Josie Dotterer who thanked everyone for the chance to represent the beautiful City of Otsego, also Junior Miss Otsego Jessica Cole thanked everyone for this years opportunity as Jr. Miss Otsego. Junior Candidates: Jessica Hammer (11 years old); Alexis Bestul (11 years old); Little Mister Candidates: Chet Jurrens (7 years old); and Nathan Molnar (6 years old) who was unable to attend. Rose Cassady also thanked Susan Kane and Beverly Kumar for all their help. Mayor Fournier thanked everyone and wished all of them the best of luck. City Council Meeting August 27, 2007. Page 2 Joe Schaffer, Minnesota Native Landscape, requested to reserve time to speak later under Item 6.1. Mike Helfert, 8998 77th Street NE and Eileen Shierts, 8525 85th Street NE also requested to speak under Item 6.1. John Gorry, Elk River requested to speak under Item 6.1. Franklin Dehn, Monticello Township, stated the Township still stands by what they voted on the proposed annexation, to approve their application with access to 85th Street and at the County Planning Meeting the same was approved with access to 85th Street. Mr. Dehn feels this is not the proper use of the 60 acre rule. They do not feel this is the proper way to handle this. Roads are always an issue and this is not a proper issue for this. Pete Stupar, 10068 Harrington Ave, Monticello Township Super reserved time under Item 6.1. Tim Rochel, Building Official, gave a report on the Southern Minnesota flood and wanted to thank the council for supporting the recovery effort by sending him and Joe Abrahamson. Tim and Joe Abrahamson inspected 125 buildings to determine what needed to be done to make them habitable. Tim presented pictures of the awful devastation. Mayor Fournier thanked Tim Rochel and Joe Abrahamson again for going down and helping out the communities hit by the flood. 5 Consent Agenda. (Non -controversial items). 5.1. Approve Claims List. 5.2. Approve Pay Request from Bonestroo in the amount of $4,110.37 for WWTF West and East. REMOVED FROM THE CONSENT AGENDA. 5.3. Approve Pay Request from SRF Consulting in the amount of $4,135.56 for Otsego Parks. 5.4. Approve Pay Request No.22 from Gridor in the amount of $82,483.00 for Otsego East WWTF. 5.5. Resolution 2007-54 setting a Truth -in -Taxation hearing date for the proposed 2008 Tax Levy and Budget. 5.6. Received August 14, 2007 Police Commission Minutes. 5.7. Approve Payment for temporary construction easement for 88th Street in the amount of $3600. 5.8. Approve Payment to Kober Excavating in the amount of $9,384.10 for Sewer Extension to Grenin's Mississippi Hills. Mayor Fournier and Council requested to pull Item 5.2. from the Consent Agenda and will be on the next Council Meeting agenda. Mayor Fournier also questioned City Council Meeting August 27, 2007. Page 3 Item 5.3., has all the work been completed. Mike Robertson assured the Mayor and Council that all work is done. Mayor Fourniner questioned Item 5.7. Ron Wagner explained this is a temporary construction easement for the 88th Street project. CM Heidner motioned to adopt the Consent Agenda except for Item 5.2. Seconded by CM Stockamp. All in favor. Motion carried. 6. Old Business. 6.1. Consider Rescission of Denial of Annexation Petition. Andy MacArthur gave a brief history of this item and the subsequent meetings that have been held with the Township and County. Andy MacArthur also went over the email from Scott Deckert, Wright County Planning. The draft proposal was rejected by the Township and the action at the County level was approved contingent that the Township and City come to an agreement. Joe Schaffer, Minnesota Native Landscape, agreed with the City Attorney's summary. He had hoped there could have been agreement with County and Township that would have work, but hasn't and therefore he still requests annexation. Mayor Fournier asked Mr. Schaffer to tell us why it wouldn't work accessing 85th Street NE. Mr. Schaffer said the property owner does not want to sell a strip of property going to 85th Street. Purchasing and building the road would be cost prohibitive and 85t�' Street NE would still be posted for road restrictions. Mike Helfert, 8998 77th Street NE, chose not to speak at the last meeting because he thought it would confuse the issues. He is in favor of annexation because it solves a lot of problems. He never gave annexation a serious thought previously. If annexation doesn't go through, he would not allow Minnesota Native Landscape to purchase. If annexed into Otsego his property becomes more valuable because he could sell smaller parcels. He doesn't feel the line between Monticello Township and City of Otsego should make a different for Minnesota Native Landscape or anyone else. Eileen Shierts, 8525 85th Street, she favors annexation because it would allow Minnesota Native Landscape to approach her property from 77th Street NE. From 85th Street NE it would require a 3.4 mile road and might deter anything she wants to do in the future. John Schaffer, Minnesota Native Landscape, stated we are all aware of what this area will look like someday. What is important for us is to be in Otsego, as we grow our business, we need the local government and we feel that the response we have received from the Council and Staff has been beneficial. We want to be good partners. City Council Meeting August 27, 2007. Page 4 CM Heidner asked how the county voted. Dan Licht said the first motion was mirror to township and second was contingent upon agreement between Otsego and Township of Monticello. They did take into consideration there wasn't a willing seller for access to 85th Street NE. CM Heidner motioned to adopt Resolution 2007-53 a Resolution adopting Ordinance No. 2007-09 an Ordinance annexing unincorporated land abutting the existing City Limits of the City of Otsego, Wright County, Minnesota pursuant to Minnesota Statutes 414, Subdivision 2 (3) permitting annexation by Ordinance. Seconded by CM Darkenwald. All in favor. Motion carried. CM Heidner said he doesn't take this lightly and City, Township of Monticello and City of Monticello need to do serious planning for this area. Mayor Fournier stated he will vote for it hoping that it will bring these three entities together to plan together. Note: Township members left immediately before end of discussion while Andy MacArthur explained the appeal process. 6.2. Irrigation at East WWTP. 7. Public Works. 7.1. Consider purchase of walk behind Mower. Brad Belair went over his request for a walk behind lawn mower and asked for approval for a 48" Lesko mower for $2,599.00. CM Thorsted motioned to approve the walk behind mower 48" Lesko mower for $2,599. Seconded by CM Stockamp. All in favor. Motion carried. 7.2. Consider purchase of Ford F450 truck for Public Works and Utility. Brad Belair went over his recommendation of a purchase of a Ford F450 Truck, used, 4500 miles for $32,500 from the City of Scandia. The funds would be taken out of the Capital Equipment Fund. Brad Belair stated he wanted to look at City of Annandale's used lift to put on this truck for $1,000. CM Stockamp motioned to approve the purchase of the Ford F450 Truck for $32,500. Seconded by Mayor Fournier. All in favor. Motion carried. 8. Dan Licht, City Planner. Rose Cassady asked for permission to close off the Skate Park for the Otsego Festival. Andy MacArthur recommended an agreement be signed by City and Festival Committee for rental of the Park. 9. Ron Wagner, City Engineer. 9.1. Consider awarding Bid for Well No.3 Redevelopment. Ron Wagner went over the bids. City Council Meeting August 27, 2007. Page 5 Mayor Fournier motioned to adopt Resolution No. 2007-55 awarding the construction of improvement Project No. 07-05 Well No. 3 Redevelopment, Well Pump Replacement and Electrical Revisions at Pumphouse No. 2 to E. H. Renner & Sons, Inc., for $132,639. Seconded by CM Stockamp. All in favor. Motion carried. 9.2. Consider awardingQtgo Bid for Creek North Drainage Improvements. Ron Wagner went over the bids. CM Heidner motioned to adopt Resolution 2007-56 awarding the bid for the construction of City of Otsego Improvement Project No. 07-08, Otsego Creek North Drainage Improvements to KoNla Excavating for $70,005.77. Seconded by CM Thorsted. All in favor. Motion carried. 9 Consider location of next MSA Project. Ron Wagner went over the MSA Project. Council Consensus was 75"' Street NE, Ron Wagner will bring back a Resolution next meeting. 9.4. Consider approval of changes to the Engineer Manual. Mayor Fournier suggested an Engineering workshop. City Council set a workshop date for September 17, 2007 at 5:30 pm. 9.5 approve Bid for Bio Solid removal Mike Robertson went over the bid results for bio solid removal. CM Heidner motioned to accept quote for the fall bio solids hauling as outlined in the letter dated August 20, 2007 by Roger Boecker, R -Way Pumping. Inc. Seconded by CM Thorsted. All In favor. Motion carried. 9.6. Update on Public Bridges. Ron Wagner went over the report. 9.7 CMH 42 and CSAH 37 right-of-WM. Ron Wagner went over the history of the County's criteria for right-of-way along County Road 42 and County Road 37. Mayor Fournier recommended that the City Attorney write a letter stating they should stick to the previously requested 55 feet of right-of-way. CM Heidner went over his trip up Water Tower Number 1 and the things need to be done, such as securing all the wires. He suggested no more access by renters without People Service there the whole time. And CM Heidner should stay on the ground from now on. 10 Andrew MacArthur M Attorney. 10.1. Lawful Gambling. Andy MacArthur went over the information and this will be put on the next agenda. City Council Meeting August 27, 2007. Page 6 10-2. AQprove Warranty Payment to Lester Prairie. Mike went over the information regarding the email received. City Council requested to see if Lester Prairie paid all their payments and make sure they know this is final. Mayor Fournier motioned to make the payment. Seconded by CM Thorsted. All in favor. Motion carried. 10.3. 62nd Street Andy MacArthur said this will be on the next council meeting. 11. Council Items. 11.1. Consider Renting Prairie Park Shelter 7 Days a week. Mike Robertson went over the policy for the park rental. City Council wants a more extensive rental policy and have it brought back to council meeting. 12. Mike Robertson, City Administrator. 12 .1. Set Public Hearing for Kaleidoscope Conduit Bonds. Mayor motioned adoption of Resolution 2007-57 calling for a public hearing on the issuance of lease revenue bonds and authorizing the publication of a notice of the hearing (Kaleidoscope Charter School Project). Seconded by CM Thorsted. All in favor. Motion carried. 13. Judy Hudson, City Clerk. 1 14. Adjourn by 10 PM. CM Darkenwald motioned to adjourn the meeting at 9:50 pm. Seconded by CM Stockamp. All in favor. Motion carried. Mayor Larry Fournier ATTEST: Judy Hudson, City Clerk/Zoning Admin.