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05-14-07 CCITEM 3_2 OTSEGO CITY COUNCIL MEETING OTSEGO CITY HALL MAY 14, 2007 6:30 PM 1 Mayor Larry Fournier will call the meeting to order. Mayor Fournier called the meeting to order at 6:32 PM. Roll Call: Mayor Larry Fournier; Councilmembers: Vern Heidner, Jessica Stockamp and Tom Darkenwaid. Absent: Mark Thorsted. Staff: Mike Robertson, City Administrator; Judy Hudson, City Clerk/Zoning Administrator; Andrew MacArthur, City Attorney; Dan Licht, City Planner, Shane Nelson, Associate Engineer, Gary Groen, Finance Director and Brad Belair, Public Works Director. Ron Wagner, City Engineer arrived at 7:37 pm. Pledge of Alieaiance: Mayor Fournier led in the Pledge of Allegiance. 2. Consider agenda approval. Mayor Fournier moved Item 9.5. Resolution 2007-27 Street Maintenance Project to 7.2. and added Item 7.3. Flag Pole for the Prairie Park; Item 11.0. Bids for tearing down the Pole Shed and Item 7.4. Fence moving at Waste Water Treatment Plant and Under Claims List pull Chris Bulow's Check. Mike Robertson added Item 12.2. Letter from St. Michael. CM Heidner motioned adoption of the agenda as amended. Seconded by CM Stockamp. All in favor. Motion carried. 3. Consider the following minutes. 3.1. April 23, 2007 City Council Meeting. Mayor Fournier motioned adoption of the minutes. Seconded by CM Heidner. All in favor. Motion carried. 3.2. Auric 25.2007 Cont'd City Council Meeting. CM Heidner thought he motioned to move ahead with 2.5. The Feasibility Study on Quantrelle Avenue and 88"' Street. CM Heidner motioned adoption of the minutes as amended. Seconded by CM Stockamp. All in favor. Motion carried. 3.3. April 19. 2007 Board of Review. CM Stockamp motioned adoption of the minutes. Seconded by CM Heidner. CM Darkenwadd abstained. Motion carried. 3.4. May 7, 2007 Cont'd Board of Review. CM Heidner motioned adoption of the minutes. Seconded by CM Stockamp. CM Darkenwald abstained. Motion carried. City Council Meeting of May 14, 2007. Page 2 4. Open Forum: (5 minute limit) Rose Cassady, Chair of Otsego Festival, updated the Council on the Plans for 2007 Otsego Festival and asked for a donation from the City. Mayor Fournier suggested a $4,500 donation and use of City Hall. CM Heidner would like to see a value put on for renting the Park and City Hall. Mayor Fournier motioned to donate $4,500.00. Seconded by CM Heidner. All in favor. Motion carried. Bob Fields, LandCor - has given the required Letter of Credit and tomorrow will pay the taxes for Waterfront East. Bob Fields introduced Sandy Opheim and they would like Council consideration to discuss the special assessments for Waterfront East for 2007. Mayor Fournier suggested for them to attend the staff meeting on Thursday, Mr. Fields agreed. Bob Fields previously discussed with staff the bill from Mississippi Shores to settle at $15,000 rather than the $19,000 owed. He asked the Council to settle on an amount tonight. He also requested the payment due him from the Waterfront East Agreement of $60,000. The Council directed staff to pay the $60,000 due under the terms of the agreement and directed Mr. Fields to attend the Staff Meeting on Thursday, May 17, 2007 at 1:00 PM. George Quinn, Senior Property Manager for Main Street Otsego, LLC, invited everyone to the June 23, 2007 celebrating the dedication of the water fountain and a day of appreciation for the Military at Otsego Waterfront East. Dan Peterson, 9791 Kahler Avenue, asked about Item 9.3. Grenins Mississippi Hills Lift Station. Mayor Fournier said they will discuss at 9.3. and he may speak then. 4.1. Special Presentation: Review of East Sewer Plant Damage. Mike Robertson said Karen Cavett of Bonestroo couldn't attend and updated the Council on the progress of resolving this issue which is still ongoing. 4.2. Special Presentation: Monticello Big Lake Hospital Nancy Friesen, Finance Officer of the Hospital and James Agosto, Otsego's representative, briefly went over the hospital's facilities and the clinics they work with, where their funds come from and go and services available. Mayor Fournier and CM Heidner asked about the taxes Otsego residents pay. CM Heidner explained how we have offered to split the city in half as some residents are too far away from the hospital to use it and should not have to pay taxes to it. Nancy Friesen thought there was nothing in state statute about splitting part of a City out of hospital taxing district. Andy MacArthur said he met with Mr. Agosto about splitting the City, but the statute states it would be all or nothing. James Agosto, who has been on the hospital board for nine years representing the Otsego taxpayers, wants to know if this feeling is city wide or just a few people. He also wants to wean the hospital off tax dollars. City Council Meeting of May 14, 2007. Page 3 CM Heidner stated it is not just one person, but a lot of new people moving in have ties with other hospitals and clinics. If you want to serve entire Otsego you have to make a bigger effort to recruit them to use the Monticello Big Lake Hospital. Andy MacArthur said if the City decides to get out of the district the issue of paying off the current bonds would need to be resolved. The City Council will submit a proposal to the Hospital. 5. Consent Agenda (Non -controversial items) 5.1. Approve Claims List. (City Council removed Bulow's check & hold until City receives the Deed needed.) 5.2. Received April 11, 2007 Park and Rec Commission Minutes. 5.3. Approve Pay Request to Bonestroo in the amount of $8,697.41 for WWTF West & East. 5.4. Liquor License Renewals for 2007-08. 5.5. Poppy Day Proclamation. 5.6. HAA Lease Agreement. 5.7. One year extension of Final Plat for Boulder Creek. 5.8. Extension of Final Plat for River Pointe 4"' Addition. 5.9. Approve Purchase of ADP Time Management Software. 5.10. Received March 13 and April 10, 2007 Police Commission Minutes. 5.11. Consideration Waiving Point of Sale for parcels 118-500-274301, 118-500-274300. 5.12. Approve Pay Request #10 (FINAL) and Change Order #2 ($5,892.32) to Imperial Developers for Quaday Ave. in the Amount of $80,384.51. 5.13. Approve Pay Request #3 (FINAL) to Imperial Developers for CSAH 37/Quaday Ave. Intersection in the Amount of $3,539.49. 5.14. Approve Pay Request #3 to Pittsburg Tank for Water Tower #3 in the amount of $483,265.00. CM Heidner motioned to adopt the Consent Agenda as amended. Seconded by CM Stockamp. All in favor. Motion carried. 6. Old Business. 6.1. ADDroye Mailing of City Newsletter. Gary Groen went over the proposal and recommended using Helgeson Mailing Service LLC. CM Heidner noted this change will still be within budget and every household will now receive a Newsletter. Mayor Fournier motioned the recommendation. Seconded by CM Stockamp. All in favor. Motion carried. City Council Meeting of May 14, 2007. Page 4 7. Public Works. 7.1. Tin Shed Removal Bids. Gary Groen went over the bids the City received. He recommended using Veit & Company Inc. for $4,916, the lowest bidder. Mayor Fournier motioned to accept the Veit & Company, Inc. bid. Seconded by CM Darkenwald. All in favor. Motion carried. 9.5. 2007 Street Maintenance Project Resolution 2007-27. Shane Nelson went over the 2007 Street Maintenance Project. There are three areas that will be removed from the project which are 77"' Street near Monticello Township line, 88"' Street in Great River Centre and Slabtown which Dayton will be including in their sealcoating. CM Heidner motioned to adopt Resolution 2007-27. Seconded by CM Stockamp. All in favor. Motion carried. 7.3. Flag Pole in Prairie Park. Brad Belair went over the quote. City Council would also like a quote for lighting. Dan Licht said he is getting a quote for lighting the ball fields and they can get us one for the flag also. CM Heidner motioned to purchase the flag pole and have it installed by Public Works for $1,169.00 to be taken out of Park Dedication Fees and for staff to get quotes to light it. Seconded by Mayor Fournier. All in favor. Motion carried. 7.4. Landscaping on East Wastewater Treatment Plant. Brad Belair went over the proposal and costs. Mayor Fournier motioned for the City Engineer to do the necessary procedures to be feasible for relocation of fence. Seconded by CM Heidner. All in favor. Motion carried. 8. Dan Licht, City Planner. 8.1. Consider amendment of Juvenile Curfew Ordinance. Dan Licht presented the Planner's Report. CM Stockamp motioned to adopt the Ordinance 2007-04 amending the Juvenile Curfew Ordinance. Seconded by CM Heidner. All in favor. Motion carried. 8.2. Schaber land donation proposal. Dan Licht presented the Staff's Report. CM Heidner wants this property in the No Discharge Zone. Mike Robertson said Mr. Schaber will remove all the dead trees prior to the agreement being signed. CM Heidner said that Park Dedication Fees can be used in acquiring this. Mr. MacArthur agreed. CM Stockamp motioned for Staff to proceed with acquiring this land. Seconded by CM Heidner. All in favor. Motion carried. 8.3. Reguest by Applicant to extend of review for T Mobile CUP Dan Licht went over this request. No action necessary. City Council Meeting of May 14, 2007. Page 5 9. Ron Wagner, City Engineer. 9.1. Consider purchase of 3rd Pump for Ouaday Lift Station #1 Ron Wagner went over the proposed purchase of $30,000.00. CM Darkenwald wondered if this could wait until Super Target opens. Ron Wagner said there are times now when it is needed. CM Heidner motioned to authorize the purchase of the 3'd Pump for Quaday Lift Station #1. Seconded by CM Stockamp. All in favor. Motion carried. 9.2. Consider upgrade of Lift Station #3 Ron Wagner went over the proposed upgrade. City Council would like a quote on the electrical work and bring back to next City Council meeting. 9.3.Consider Approval of Low Bid for Grenins Mississippi Hills Lift Station Resolution 2007-28 Ron Wagner went over the bids. Bids came in low and will result in a savings of $4,000 to 5,000 lower assessment per lot. Mike Robertson said he is down to three parties who will contribute and recommended to go ahead with project. Ron Wagner said he has sent out easement agreements to Bulow and Alpine and hasn't received them back. Ron suggested a meeting with residents to discuss right of entry etc., CM Heidner thought we should hold off awarding bid until easements are received. Dan Peterson, 9791 Kahler Avenue, asked about size of pipe. Ron Wagner explained its a 3 inch pipe, can't go with a larger pipe. Dan Peterson asked what is the residents responsibility is if there is breakage or damage. Ron Wagner explained the City's responsibility for the main line and that property owners are responsible for their own line. Mayor Fournier motioned to adopt Resolution 2007-28 Grenins Mississippi Hills Lift Station in contingent upon getting the necessary easements. Seconded by CM Stockamp. All in favor. Motion carried. A meeting was set up on Monday May 21, 2007 at 4 PM for Staff and Residents. 9.4. Consider Accepting Feasibility Report for Otsego Waterfront East North Portion) City Street and Utility Laterals. Ron Wagner went over proposed process and timeline. Andy MacArthur wants the Developer's Agreement to be at the next City Council Meeting. 9.4. Consider accepting Feasibility Report for Otsego Friendship Addition. Ron Wagner went over the feasibility report. CM Heidner motioned to accept Feasibility Report. Seconded by CM Darkenwald. All in favor. Motion carried. 9.5. Consider Approving Plans Specs and Ordering Ad for Bids on the 2007 Street Maintenance Project Resolution 2007-27. See Item 7.2. City Council Meeting of May 14, 2007. Page 6 10. Andrew MacArthur, City Attorney. 10.1. 62nd Street NE Agreement Andy MacArthur stated that Mayor Fournier, CM Heidner and himself had met on the site last week. The proposed compromise was that the City will enter into an agreement that we maintain an 18.5" strip and neither party would give up any rights until property would come into a different use. CM Heidner motioned to have the City Attorney draft agreement. Seconded by Mayor Fournier. All in favor. Motion carried. 11. Council Items. 12. Mike Robertson, City Administrator. 12. 1. Consider Community Survey Mike Robertson went over information regarding the survey. CM Heidner suggested waiting until all residents in western Otsego start receiving the View and realized they are part of Otsego. There was a suggestion of getting a committee together with two Councilmembers and commission members with a representative from Decision Resources. All of the Council said they would attend the meeting. The meeting was set for June 19, 2007 at 7:00 pm with alternate date of June 26, 2007 at 7:00 pm. 12.2. Letter from St. Michael Mike Robertson gave the background and has told St. Michael we won't pursue the site. 13. Judy Hudson City Clerk. 14. Adjourn by 10 PM. Mayor Fournier stated Joan Vasseur applied for the Heritage Commission. Mayor Fournier motioned to appoint 3oan Vasseur to the Heritage Commission. Seconded by CM Stockamp. All in favor. Motion carried. CM Stockamp motioned to adjourn at 9:51 pm. Seconded by CM Darkenwald. All in Favor. Motion carried. Mayor Larry Fournier Judy Hudson, City Clerk/Zoning Admin.