04-23-07 CCOTSEGO CITY COUNCIL MEETING
OTSEGO CITY HALL
APRIL 23, 2007
6:30 PM
i Mayor 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, Mark Thorsted and Tom Darkenwald.
Staff: Mike Robertson, City Administrator; Judy Hudson, City Clerk/Zoning
Administrator; Daniel Uc ht, City Planner; Ron Wagner, City Engineer; Andy
MacArthur, City Attorney; Tami Loff, Administrative Assistant; Gary Groen, Finance
Director; and Brad Belair, Public Works Director.
Pledge of Allegiance: Mayor Fournier led in the Pledge of Allegiance.
2 consider agendao� roval.
Mayor Fournier added 10.2. 62nd Street update and moved 8.1. Consider EAW
petition re: Pouliet: ISD 728 IUP application to 6.1., Mike Robertson added 10.3.
Curfew Ordinance.
CM Heidner motioned adoption as amended. Seconded by CM Stockamp.
All in favor. Motion carried.
3 Consider the following minutes.
3 1 March 28 2007 Grenin's Mississippi Hills Sanitary Sewer Proiect.
CM Stockamp motioned to approve minutes as amended. Seconded by CM
Heidner. 4 in favor, CM Thorsted abstained. Motion carried.
3.2. April 9 2007 City Council Meeting.
CM Heidner motioned to approve minutes as amended. Seconded by CM
Thorsted. 4 in favor, CM Darkenwald abstained. Motion carried.
4 Open Forum: (5 minute limit)
Ben Bastyr, 12153 8r St, asked that Council table the EAW decision regarding the
Pouliet property because he did not receive the memo from the City Planner's office
until Friday and he did not have adequate time to notify his group. Mayor Fournier
said that Mr. Bastyr will have opportunity to speak later.
Krishona Martinson, 8789 Nashua Ave, had read in the recent Otsego View that
Garage Sales are restricted to one family and she feels that multiple families should
be allowed to hold a garage sale, especially in a town home complex. City Planner
Dan Licht stated that Council could review Ordinance.
Carol Roden, 8665 Nashua, stated that she heard that horses are not allowed in her
area. City Planner Dan Licht said that horses are allowed in A-1 zones, so she could
have horses.
5 Consent Agenda (Non -controversial items).
5.1. Approve Claims List.
5.2. 2007 Law Enforcement Contract.
City Council Meeting of April 23, 2007. Page 2.
5.3. Approve Purchasing Policy.
5.4. Received March 13, 2007 Police Commission Minutes.
5.5. Approve Pay Request to the State of Minnesota in the amount of
$323,043.90 for Highway 101/Cty Rd 39.
5.6. Received March 14, 2007 Park and Rec Minutes.
5.7. Request for extension of Final Plat for Featherwind Farms.
5.8. Approve Premier Bank as an official depository.
5.9. Approve Pay Estimate #4 to S.R. Weidema in the amount of
$201,377.84 for the Dual Forcemain along 65th Street.
5.10. Approve Pay Estimate #2 to Pittsburg Tank and Tower in the
amount of $148,200 for Elevated Water Storage Tank and Tower #3.
Mayor Fournier had a question on item 5.5. has the work already been done. City
Engineer Ron Wagner said that MNDOT wants the money upfront before work is
done. CM Heidner asked what can be done then if the work is not done as planned.
Mr. Wagner said that then you would work with State to resolve the issue. CM
Darkenwald asked if we had an agreement with MNDOT. Mr. Wagner said yes.
CM Heidner motioned to approve Consent Agenda as amended. Seconded
by CM Thorsted. All in favor. Motion carried.
6. Old Business.
6.1 Consider EAW petition re: Poulit.ISD 728 IUP application.
Mayor Fournier asked City Attorney Andy MacArthur if there is a time limit for
notifying the petitioners' representative. Mr. MacArthur said there is not. City Planner
Dan Licht noted that the letter to Mr. Bastyr had come back to him due to an address
error and he apologized. Mr. Licht went over the Planners Report. City Engineer Ron
Wagner said that they have not started their review.
Frank Frattone, Frattlone Company, said that they have tried to deal with all the
issues that residents have brought up. Both Frattione and Eagle trucking have good
track records. He is asking Council to not require an EAW. Mr. Frattione said that
basically they already do everything that is provided in an EAW.
Ben Bastyr handed out to Council and Staff an email he received from Greg Downing
from the State of MN. Mr. Bastyr said that they need to know if water will be affected
In the area and if this will affect the wells. He feels an EAW is needed. Mr. Bastyr
stated that the best time to mine is when the roads Mason and 83rd are upgraded in
the future. CM Thorsted asked how many days it will take for an EAW and the cost.
Mr. Licht replied about 90 days and the cost would be around $20,000. Mayor
Fournier asked who prepares EAW. Mr. Licht replied the Developers Engineer. Once
the City has reviewed the EAW, it is sent to other Government Agencies and they will
send comments. CM Thorsted asked if an EAW is needed if someone is just grading
over 40 acres. Mr. Licht replied it is the same thing for mining or grading, once 40
acres is disturbed an EAW is needed.
CM Heidner motioned to require that an EAW be prepared. Seconded by
CM Stockamp. All in favor. Motion carried.
City Council Meeting of April 23, 2007. Page 3.
7. Public Works.
7.1. Review of Ca iD tal Eguioment Plan.
Finance Director Gary Groen went over the 2005-2006 Capital Expenditures.
7.2. Propose 2007 Equipment Purchase.
Public Works Director Brad Belair is looking for approval to proceed with the plan to
purchase a 72 inch lawn mower and to replace Unit #20 with a single axel dump
truck with plow equipment. CM Thorsted asked what will be done with Unit #20 once
they buy the new dump truck. Mr. Belair said that it will eventually be sold. CM
Heidner said that he would like to see some kind of break down on costs for the sign
shop. Brad said he talked with the person who has done signs for us in the past
about consulting on the new sign shop. Mr. Belair will bring in a consulting
agreement to the Council in the future.
Mayor Fournier motioned to approve purchase of mower. Seconded by CM
Stockamp. All in favor. Motion carried.
7.3. Benefits for Part-time Employees.
Mr. Groen went over the policy regarding benefits for part-time employees. Mr.
Groen said that the benefits would be for employees working 24 hours or more after
6 month probation. Mr. Groen said some other cities offer benefits to part-time
employees. Mr. Robertson said that it would be a positive attraction to future
employees.
CM Heidner moved to approve benefits for Part-time Employees working
24 hrs and above effective immediately. Seconded by Mayor Fournier. All
in favor. Motion carried.
7.4. Approve Steve Springer as Part-time Em,plQ=.
Public Works Director Brad Belair would like to recommend Steve Springer as a Part-
time employee. Steve has worked as a Seasonal Employee for the last two years.
Mayor Fournier moved to approve Steve Springer as a Part-time Employee.
Second by CM Heidner. All in favor. Motion carried.
7.5 Approve Advertising for Summer Seasonal Employg�.
Brad Belair asked for approval to advertise for three Summer Seasonal Employees.
Cm Stockamp motioned to approve Advertising for three Summer Seasonal
Employees. Seconded by Mayor Fournier. All in favor. Motion carried.
7.6. Proceed Slabtown Crackseal.
Brad Belair said that he was contacted by Rick Haus from the City of Dayton
regarding cracksealing in the Slabtown neighborhood. The City of Dayton is working
on cracksealing in their part of Slabtown and would do the project at the same time.
The City would reimburse Dayton. City Engineer Ron Wagner said they were
planning on doing this project anyway and it makes sense to do it at the same time.
CM Heidner motioned to approve sealcoating in Slabtown and reimbursing
the City of Dayton. Seconded by CM Darkenwald. All in favor. Motion
carried.
City Council Meeting of April 23, 2007. Page 4.
8. Dan Licht City Planner.
8.1. Consider EAW petition re: Poulit ISD 728 IUP application.
Moved to 6.1.
8.2. Rick & Janice Ostrom:
A. Conditional Use Permit (CCP) to allow relocation of an
existing detached garage to a lot within Otsego.
City Planner Dan Licht went over Planners Report.
CM Thorsted asked if the security is needed since the garage is already pulled on the
property. Mr. Licht said that the security could be lowered.
CM Heidner motioned to approve CUP subject to the six conditions listed in
the Planners Report dated April 18, 2007. Seconded by CM Thorsted. All in
favor. Motion carried.
8.3. Lino:
A. Site and Building Plan Review.
Dan Licht went over Planners Report. Ron Wagner went over the Engineers Report.
Applicant Brad Praught, Linco, after reading Engineers Report they have extended
east border out 20 feet. He does not have those drawings at this time. Mr. Praught
also stated that if they decide to install bathrooms they would prefer to do tanks.
Mr. Licht said that Building Official Tim Rochel may request bathrooms in the building
if required by the state code. Mr. Praught said that he does not have a problem with
that.
CM Heidner motioned to approve the CUP subject to the nine conditions
listed in the Planners Report. Seconded by CM Thorsted. All in favor.
Motion carried.
City Clerk Judy Hudson said she received a request from Mr. Praught to move the
driveway from Cty Rd 37 to McCallister Ave. She gave a copy to City Engineer Ron
Wagner to look over. Council said it looks good.
8.4. Wildflower Meadow:
A. Buildina Plan Review -revised townhouse building.
Dan Licht went over the Planners Report.
Applicant Theresa Greenfield, Rottlund Homes was present for questions.
CM Darkenwald asked about the retaining wall that is being installed right now. Mr.
Licht said that anything over 10 feet will require a fence.
CM Heinder motioned to approve Building Plans for eight lots within
Wildflower Meadows with the submitted plans subject to the two
conditions listed in the Planners Report. Seconded by CM Thorsted. Motion
carried 3 in favor. Mayor Fournier and CM Darkenwald abstained.
8.5. Friendship Addition:
A Building Plan Review revised retail center and 0uto Mir
it in .
Dan Licht went over Planners Report.
Applicant Richon X'iong, Landcor brought revised elevations.
City Council Meeting of April 23, 2007. Page S.
CM Heidner motioned to approve Building Plans subject to the two
conditions listed in the Planners Report. Seconded by CM Stockamp. All in
favor. Motion carried.
CM Heidner asked about the email received about parking complaint in The Pointe.
City Administrator Mike Robertson said that the deputies have been ticketing illegally
parked vehicles. Mr. Licht said that the city code prohibits parking of commercial
vehicles and also parking on -street for more than 18 hours. CM Darkenwald asked if
there are signs posted that there is no parking. Mr. Belair said he will check on that.
9. Ron Wagner, City Engineer.
9.1. Landcor Petition for Public Project.
City Engineer Ron Wagner went over Landcor Petition and the estimates received.
Finance Director Gary Groen said that this would use up the entire Capital
Improvement Fund balance. Mayor Fournier stated that he feels a Workshop should
be set up with Bob Fields to go over this. City Attorney Andy MacArthur stated that
he can not do the Developers Agreement until this is done. Landcor representative
Richon Kong said that he doesn't see any problem with workshop and he will notify
Mr. Fields. Workshop set for Wednesday April 25"', 2007 at 5:30 PM with Landcor.
9.2. Consider Aonroval of Well #8 and Pumphouse #2 Modification Bids.
City Engineer Ron Wagner went over the two bids received. Mr. Wagner
recommends approval of lowest bid from Rice Lake Construction in the amount of
$799,700.
CM Stockamp motioned to approve bid from Rice lake Construction in the
amount of $799,700. Seconded by CM Darkenwald. AN in favor. Motion
carried.
10. Andrew MacArthur, City Attomgy.
10.1. Rrove Duke Ta_ Abatement Agreement.
City Administrator Mike Robertson said that Duke is not able to attend the meeting.
Duke is just looking to make sure Council is comfortable with the proposed numbers.
Mr. MacArthur went over the agreement he said that Council can approve it
contingent on changes.
Mayor Fournier motioned to approve agreement contingent on changes.
Seconded by CM Heidner. Motion carried 4 in favor. CM Darkenwald
abstained.
10.2. 62nd Street update.
Andy MacArthur went over the letter he received from Gerard Zachman regarding
62 St. Mr. MacArthur said that a meeting should be set up with the Zachman's.
A date will be set up.
10.3. Curfew Ordinance.
CM Stockamp went over the request for the curfew time change. Police Commission
would like to see it more consistent with the surrounding cities. City Administrator
City Council Meeting of April 23, 2007. Page 6.
Mike Robertson said that he will get something in writing from the Sheriff
Department on what they would like to see.
CM Heidner motioned to have City Planner Dan Licht update the Curfew
Ordinance. Seconded by Mayor Fournier. All in favor. Motion carried.
11. Council Items.
Nothing.
12. Mike Roberts�c n, CCIy Administrator.
Mr. Robertson said that he is working on writing up something to Council about the
Emergency Plan.
1. J H n i Irk.
Nothing.
14. Adj rn by 10 PM.
CM Stockamp to continue the meeting until Wednesday April 25, 2007 at
5:30 PM. Seconded by CM Darkenwald. All in favor. Motion carried.
15. Open EDA_ Meetina.
15.1. Awrove Dukejw-Abatement Agreement.
Mayor Fournier called EDA Meeting to order at 9:33 PM.
CM Heidner motioned to approve the agreement. Seconded by CM
Thomted. Motion carried 4 in favor. CM Darkenwald abstained.
Mayor Fournier closed EDA Meeting at 9:34 PM.
CM Stockamp motioned to adjourn at 9:35 PM. Seconded by CM
Darkenwald. All in favor. Motion carried.
Mayor Larry Fournier
ATTEST:
Tauri Loft, Administrative Assistant