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09-10-07 CCOTSEGO CITY COUNCIL MEETING OTSEGO CITY HALL SEPTEMBER 10, 2007 6:30 PM 1 Mavor Larry Fournier will call the meeting to order. Mayor Fournier called the meeting to order at 6:35 pm. Roll Call: Mayor Larry Fournier; Councilmembers: Vern Heldner, Jessica Stockamp, Mark Thorsted and Tom Darkenwald. Siff: Mike Robertson, City Administrator; Judy Hudson, City Clerk/Zoning Administrator; Andrew MacArthur, City Attorney; Laurie Smith, Associate Planner; Ron Wagner, City Engineer; Gary Groen, Finance Director; 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 move Item 5.3. Approve Pay Request from Bonestroo to Item 6.2. under Old Business. Ron Wagner requested to remove Item 8.2. Riverbend South Final Plat per applicant's re quest CM Heidner motioned to adopt the agenda as amended. Seconded by CM Stcm*amp. All in favor. Motion carried. 3 Consider the following minutes. 3.1. August 27, 2007 C& Council Meeting. CM Heidner motioned adoption of the August 27, 2007 Council minutes. Seconded by CM Thorsted. All in favor. Motion carried. 4. Qoen Forum: minute limit) Joel Koiles, 8925 Mason Avenue, would like to reserve time under Item 8.3. 2008 Firearm No Discharge Map. S. Consent Agenda. (Non -controversial itemsl. 5.1. Approve Claims List 5.2. Approve Change Order No.3 and Pay Request to Oertel Architects in the amount of $129,306.00 for Otsego Public Works Facility. 5.3. Approve Pay Request from Bonestroo in the amount of $4,110.37 for WWTF West and East. REMOVED FROM THE CONSENT AGENDA. 5.4. Approve Minutes from joint Albertville City Council and Otsego City Council Workshop. 5.5. Resolution 07-67 Including City Commissions in the Crty's Workers Compensation Insurance. CM Heidner motioned adoption of the Consent Agenda except for Item 5.3. Seconded by CM Stm*amp. All in favor. Motion carried. City Council Meeting September 10, 2007. Page 2 6. Old Business. 6.1. Irrigation at East WWTP, Karen Caved Bonestroo Enaineering. Karen Cavett with Bonestroo Engineering stated the good news as with the rain the grass has taken off. She recommended revaluating the necessity of an Irrigation System next year. Item 5.3. Payment Request from Bonestroo Karen Cavett went over the invoice. The clarifier problem was at the West Plant and is separate from the warranty at the East Plant It was also noted the Collapse Covers will be replaced at no cost to the City and should be all completed by end of September. Mike Robertson stated in regards to the flooding incident and City paid approximately $20,000. When we dose out we have $100,000 of Gridor's money and if dispute isn't resolved the City will take 50% from Gridor and 50% from People's Services. Karen Cavett inquired about the snowplowing for the winter. We had requested moving the fence from the East Plant entrance off the driveway line and get the well within the fence. Cost would be $9,776.00. Brad Belair requested the fence to be moved for snowplowing. It will also accommodate grading the drive and protect the trees. City Council would like it staked first CM Heidner motioned to move the fence at the East Plant for $9,776.00 and for the one corner be staked. Seconded by CM Stockamp. All in favor. Motion carried. CM Heidner motioned to approve pay request for $4,110.37 for the WWTF Vilest and East. Seconded by CM Thorsted. All in favor. Motion carried. Karen Cavett updated the council on the East and West Plants. 7. Public Works. Brad Belair said he is working on dosing out the Public Works Building Project and the Construction Project of the Three Parks. 8. Laurie Smith, _ Planne 8.1. Shamrockl City Council Meeting September 10, 2007. Page 3 Laurie Smith presented the Planner's Report. Ron Wagner said he has reconsidered the ROW for Kalland Avenue down to 80 feet of ROW as the major trunk industrial street would take a different route. Lynn Leegard, Shamrock Development, agrees with all the conditions. CM Heidner questioned if there should be a bike path on the east side and maybe need the 100 foot ROW. He would rather take money for the bike trail than take for the bail fields. Lynn Leegard stated that her understanding the exchange for use of ball fields In exchange for money needs to be completed, but feels this can be worked out. CM Heidner stated Item No. 6 should be changed to put a period behind executed (3"d Line) and remove the rest of paragraph. CM Heidner also wants a condition in here that there is a responsible party building and paying for the ball fields. Andy MacArthur has gone through the developer's agreement which will be with Shamrock Development. Lynn Leegard said they have no problem with paying the Park Fees. Ron Wagner stated there is room in the ROW for a bike path. Mayor Fournier motioned to table the application. Seconded by CM Heldner. All in favor. Motion carried. 8.3. 2008 Firearm No Discharge MaI2. Laurie Smith presented the Planner's Report. Joel Kolies, 8925 Mason Avenue NE, said to correct the date for map to be published as goose hunting already has started and map should be published earlier in the year. Joel Kolles staffed his brothers own farm land on both sides of CSAH 39, he and his brothers would be opposed to any drastic changes to the No Discharge Zone Map. He talked to the DNR conservation man (Mitch) who feels that thexe are many areas in Otsego that could be hunted on. The Council discussed the need for establishing a 500 foot No Discharge Zone along either side of major roadways in the City. The Council discussed the need to amend the City Code to add additional regulations, which would expand the No Discharge Zone to include no discharge within 500 feet of pastured animals unless written permission from the owner was obtained. The Council also concurred that the publication date should be moved forward. Mrs. Smith said that the No Discharge Map must be approved tonight in order to meet the publication date as required by Ordinance. She stated that the City Code could be amended at the next Council meeting. City Council Meeting September 10, 2007. Page 4 CM Heidner motioned to have the published map to include the Dara Glen and 1000 foot gray area encompassing County Road 39, 37, 19, 36 and 42; Odean north of 37, Mason Avenue, 80th Street„ Marlowe Avenue and 83rd Street between Marlowe and Mason Avenues and Highway 101 and Interstate 94. Seconded by CM Thorsted. All in favor. Motion carried. CM Heidner motioned to include in the Ordinance No Discharge shall occur within 500 feet of pastured farm animals or animals kept within an open feedlot. CM Darkenwald added unless owner's permission. Motion died for lack of second motion. City staff was directed to make changes to the Ordinance to include no discharge within 500 feet of pastured animals unless written permission by the owner is given and to change the No Discharge Map publication date. Staff will bring forth these changes for Council's consideration at the next City Council meeting. 9 Ron Wagner City En ig neer. 91 Consider Approving.Resolution No 07-59 for Hearing on Proposed Assessment for CSAH 42. The date of October 29, 2007 at 7:00 pm set for hearing. CM Thorsted motioned to adopt Resolution 07-59 for a Hearing on proposed Assessment for CSAH 42. Seconded by CM Stockamp. All in favor. Motion carried. 9.2 Consider &provina Resolution No 07-60 for Hearing on Proposd Assessment for Grenins Mississippi Hills Sewer l5densim. The date of October 22, 2007 at 5:00 pm set for hearing. CM Heidner asked about a workshop prior so we know who is paying. Mike Robertson said he will write up a memo to the City Council. CM Heidner motioned to adopt Resolution 2007-60 for a Hearing on proposed Assessment for Grenins Mississippi Hills Sewer Extension. Seconded by CM Stockamp. All in favor. Motion carried. - CM Heidner motioned the adoption of Resolution 07-61 ordering preparation of Fusibility Report for 75th Street. Seconded by CM Thorsted. All in favor. Motion carried. 9.4. Consider Change Order No 1 to Rice Lake Construction Group for Well #8i RAW Water Line and Pumphouse #2 Improves in the amount of 4178,540.00. CM Heidner motioned the adoption of Change Order No. 1. Rice Lake Construction Group for Well #8, RAW Water Line and Pumphouse #2 Improvements in the amount of $178,540.00. Seconded by CM Thorsted. All in favor. Motion carried. City Council Meeting of September 10, 2007. Page 5 9.5. Consider Approving Resolution No 07-62 awarding 70th Street "Shape and Pave" Project. Ron Wagner went over bid results. CM Heidner motioned to adopt Resolution 07-62 awarding 7e Street "Shape and Pave" Project to Knife River Corporation. Seconded by CM Stockamp. All in favor. Motion carried. CM Heidner motioned to withdraw his motion. CM Stockamp agreed. Vern motioned to adopt Resolution 07-62 contingent upon a signed contract from City of Albertville. Seconded by CM Stockamp. All in favor. Motion carried. Water Tower No. 3. Ron Wagner has asked them for explanation of timeline with concern of not getting the painting done in time. At their meeting, the right people did not show up and have sent them another letter. Their completion date is 12-7-07 and they have a lot of wont to get done. Andy MacArthur went over his letter. Don Miller, Odean Avenue and President of Rogers Youth Hockey Association said Lawful gambling is a way of raising money for their organization. CM Stockamp motioned to direct City Atborney to draft two alto native ordinances. Seconded by CM Darkenwald. All in favor. Motion carrieda 10.2. 62nd Street Ute: Andy MacArthur reviewed options regarding proposed Agreement with Mr.Zachman regarding the City 16.5 foot easement. Mr.Zachman has rejected proposed Agreement at this time. Mr. MacArthur's recommendation is to notify in writing to Zachman that the City reserves all rights in use of the 16.5 foot easement area, but would still like to reach agreement with him. Mayor Fournier motioned for the recommended course of action. Seconded by CM Tho rsted. All in favor. Motion carried. 10.3 Ordinance 07-11 Water, Sanitary Sewer and StormwaWr Billing. Gary Groen went over the proposed Ordinance and resolution adopting the ordinance. Andy MacArthur recommended deletion of 5.6.2 and change ten days to thirty days in 5.6.1. No. 6.5. should be changed to include the phrase "or by City Council decision. In 12.1. add, The City reserves the right to enforce the terms and conditions of this ordinance through the Administrative Enforcement procedures of the City Code or any applicable action in law or equity." In 5.6.4. delete the words "fifteen days" and renumber it as 5.7. Mike Robertson suggested that 6.1. be clarified to indicate that certain connections and water City Council Meeting September 10, 2007. Page 6 meters may serve more than one residence. Mike Robertson also suggested that the definition of "available" services be expanded and clarified in 2.1. CM Heidner requested modification of 6.6. to indicate that certain parcels could continue to use wells for irrigation only purposes with City approval. CM Heidner motioned to reimburse 3essica Stockamp for her damaged pipes by People Services. Seconded by CM Thorsted. Motion carried four to zero. CM Stockamp abstained. 10.4. Resolution No 07-63 Hearing for Delinguent Utilft Bills. The date of October 15, 2007 at 6:30 pm set for hearing. CM Heidner motioned the adoption of Resolution No. 07-63 for Hearing on Delinquent Utility Bilis. Seconded by Mayor Fournier. All In favor. Motion carried. 10.5. Resolution for No 07-65 Hearing on Delinquent Fines CM Heidner motioned the adoption on Resolution of 07-65. Seconded by CM Stockamp. All in favor. Motion carried. 10.6. Resolution for No.07-64 Hearing on Undid Service' Charges Mowin . CM Heidner motioned the adoption of Resolution 07-64 Hearing of Unpaid Service Charges Mowing. Seconded by CM Stockamp. All in favor. Motion carried. 11. Council Items. 11.1. Proposal to attend National Building Conference. Mike Robertson supported Tim Rochel to attend the National Building Conference in Reno, NV. Tim Rochel said he has never attended one previously and would like to this year. CM Heidner suggested holding off this year and send all the Inspectors next year when it is held in Minneapolis. The City Council agreed. 112 Wution Ng Q7-66 Set Preliminary 2008 Tax Lew. Mike Robertson and Gary Groen went over Preliminary 2008 Tax Levy. Mayor Fournier motioned to adopt Resolution 07-66 Set Preliminary 2008 Tax levy. Seconded by CM Thorsted. All in favor. Motion carried. 13. Judy Hudson, C& Clerk. 13.1. Consider appointment of Tami Loff as Interim Deputy Clerk. CM Darkenwald motioned to approve of Tami L.off as Interim Deputy Clerk. Seconded by CM Stockamp seconded. All in favor. Motion carried. City Council Meeting September 10, 2007. Page 7 14. Adjourn by 10 PM. CM Darkenwald motioned to adjourn the meeting at 9:56 pm. Seconded by CM Stockamp. All in favor. Motion carried. Mayor tarry Fournier ATTEST: ]udy Hudson, City Clerk/Zoning Admin.