11-13-07 CCITEM 3_1
OTSEGO CITY COUNCIL MEETING
OTSEGO CITY HALL
Tuesday, NOVEMBER 13, 2007
6:30 PM
1. Mayor 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 Heidner, Jessica
Stockamp, Mark Thorsted and Tom Darkenwald.
Staff: Mike Robertson, City Administrator; Judy Hudson, City Clerk/ Zoning
Administrator; Andrew MacArthur, City Attorney; Laurie Smith, Associate City
Planner; Ron Wagner, City Engineer; Gary Groen, Finance Director and Brad Belair,
Public Works Supervisor.
Pledge of Allegiance: Mayor Fournier led in the Pledge of Allegiance.
2. Consider agenda approval.
Mayor Fournier would like to add under 7.2 Sludge Hauling, 9.3. 7& St Update, 9.4.
Norins Landing, 9.5. Quantrelle Avenue, 11.1. Consider rescheduling December City
Council meeting. 12.0 Historic Preservation Commission Grant. Mike Robertson
recommends pulling 5.4. for discussion under 9.3.
CM Heidner motioned to approve the Council agenda as amended.
Seconded by CM Thorsted. All in favor. Motion carried.
3. Consider the following minutes.
3.1. October 15, 2007 Public Hearing for mowing of noxious.
CM Heidner motioned adoption of minutes. Seconded by CM Stockamp.
All in favor. Motion carried.
3.2. October 15, 2007 Public Hearing for ungaid Administrative Code.
CM Heidner motioned adoption of minutes. Seconded by CM Thorsted. All
in favor. Motion carried.
3.3. October 15. 2007 Public Hearing for Delinquent Utility Billings.
Mayor Fournier motioned adoption of minutes. Seconded by CM Heidner.
All in favor. Motion carried.
3.4. October 17, 2007 Workshop Minutes.
CM Heidner motioned adoption of minutes. Seconded by CM Thorsted. All
in favor. Motion carried.
3.5. October 22, 2007 Cifir Council Meeting.
3.4. Paul Donna, add his title and company per Mayor Fournier.
CM Stockamp motioned adoption as amended. Seconded by CM Heidner.
CM Thorsted abstained. Motion carried.
3.6. October 22, 2007 Public Hearing.
CM Heidner said under Item + in regards to Greg Brunkow it should say $23,000
instead of $16,667.
CM Heidner motioned adoption as amended. Seconded by CM Stockamp.
CM Thorsted abstained. Motion carried.
City Council Meeting November 13, 2007. Page 2.
3.7. October 29 2007 Public Hearing.
CM Heidner motioned adoption of CSAH 42 Improvement. Seconded by
CM Stockamp. CM Thorsted abstained. Motion carried.
4. Open Forum: (5 minute limit)
4.1. Special Presentation: Recognition of Boy Scouts who assisted with
Pumpkin Patch DAY.
Mayor Fournier and Council presented the Boy Scouts with Certificates of
Appreciation for their assistance at the Parks Commission Pumpkin Patch Day.
Don Miller, resident and president of Rogers Youth Hockey, said that he had to leave
early and asked if there are any questions. CM Darkenwald asked if they are okay
with the contract. Mr. Miller said yes they are.
Neil Bulow, Elk River, member of Christ Lutheran Church and referenced the letter
from Rock Solid Realty regarding the Christ Lutheran Church Assessment.
Patrick Grace, executive director of Elk River Arts Alliance, is asking for a $5,000
contribution. Mayor Fournier thanked him for their recent participation in Otsego
Festival and the Council will discuss his request later.
5. Consent Agenda. (Non -controversial items).
5.1. Approve Claims List.
5.2. Approve purchase of Septic System Software.
5.3. Approve Pay Request No.2 to E.H. Renner & Sons, Inc for Well #3
Redevelopment in the amount of $17,721.92.
5.4. Approve Pay Request No.1 to Knife River Corporation for 70"' St
Improvement in the amount of $129,666.99- REMOVED
5.5. Approve Pay Request No.6 to Pittsburg Tank and Tower Company
Water Tower #3 in the amount of $130,093.00.
5.6. Approve Pay Request No.2 to Rice Lake Construction for Well No.8
in the amount of $99,967.36.
5.7. Approve Pay Request to WW Goetsch for Lift Station #1 upgrade in
the amount of $18,541.65.
5.8. Approve Resolution 2007-77 Adopting Assessment- Waterfront East 1st
Addition reallocation.
5.9. Approve Resolution 2007-78 Adopting Assessment- Waterfront East 2"d
Addition reallocation.
5.10. Approve Resolution 2007-79 Adopting Assessment- Waterfront East 3rd
Addition reallocation.
5.11. Approve Resolution 2007-80 Adopting Assessment- Waterfront East 3rd
Addition-Quantrelle Ave (except Li 132) deferred.
City Council Meeting November 13, 2007. Page 3.
5.12. Approve Resolution 2007-81 Adopting Assessment- Friendship Addition
deferred.
5.13. Approve Resolution 2007-82 Adopting Assessment- Great River Centre
Second Addition Outlot I reallocation.
5.14. Approve Resolution 2007-83 Adopting Assessment- Gateway North
Second Addition.
CM Heidner motioned adoption of the Consent Agenda minus Item 5.4.
Seconded by CM Darkenwald. All in favor. Motion carried.
6. Old Business.
6.1. City Hall and Public Works signs.
Council directed to get prices of copper lettering, brick or stone, and also the cost of
lighting.
7. Public Works.
7.1. Discuss Public Works Building Generator.
Brad Belair asked Council to table this as he has received additional information
which he wants to discuss at the Public Works subcommittee meeting.
Mayor Fournier motioned to table. Seconded by CM Stockamp. All in
favor. Motion carried.
7.2. Bio Solid Bids.
Kurt Neidermeier, PeopleService, went over the two bids he received for sludge
hauling.
CM Heidner motioned to award sludge hauling to the low bidder
Schluender Construction for 3.5 cents a gallon. Seconded by CM Thorsted.
All in favor. Motion carried.
8. Laurie Smith, Associate City Planner.
8.1. Construction Site Maintenance Ordinance.
Laurie Smith went over the proposed Ordinance. Mayor Fournier asked about the
weeds on construction sites. Mrs. Smith said that the City has an ordinance on weeds
but could include it in this Ordinance.
CM Heidner motioned adoption of Ordinance 2007-17 Construction Site
Maintenance. Seconded by CM Thorsted. All in favor. Motion carried.
8.2. 3.2. Malt Liquor and Wine Ordinance.
Laurie Smith explained that they are proposing minor changes on this ordinance to
bring it into compliance with new State Laws.
Discussed was patio enclosures — check out Riverwood Conference Center.
Andy suggested reviewing the Dram Shop Insurance.
CM Heidner motioned to table 2007-15 and 2007-16 for further
information on Dram Shop Insurance limits of liability. Seconded by CM
Stockamp. All in favor. Motion carried.
City Council Meeting November 13, 2007. Page 4.
8.3. Water Shut Off Ordinance.
Laurie Smith presented the Planner's Report.
Finance Director Gary Groen asked for approval of the amendment which will help
staff clarify the process. CM Heidner asked what happens if the mortgage payment
isn't being paid and the mortgage company asked us to shut off the water. Mr.
Robertson said that we would not shut off the water if the home is occupied. City
Attorney Andy MacArthur added that it is the owner of the property that is
responsible. Mr. Groen said that this is to deal with the owner -renter disputes.
CM Heidner motioned adoption of Ordinance No. 2007-18 Water Shut Off.
Seconded by CM Thorsted. All in favor. Motion carried.
9. Ron Wagner, City Engineer.
9.1. Consider Resolution approving the Grenin's Mississippi Hills Sewer
Improvement Assessment Roll.
Ron Wagner went over the Assessment Roll.
CM Heidner motioned adoption of Resolution 2007-74 Adopting
Assessment for Grenins Mississippi Hills Sanitary Sewer Project. Seconded
by CM Darkenwald. All in favor. Motion carried.
Mike Robertson thanked staff for all their work on this project.
9.2. Approve CSAH 42 Assessment Roll.
Ron Wagner went over the Assessment Roll.
Andy MacArthur explained the change in assessment for the Flemmers and their
contract. CM Darkenwald said that he has a problem with assessing Christ Lutheran
Church without deferring and would like to see a 10 year deferment.
Mr. Bulow said he agreed with the amount of assessment but would like to see it
deferred.
They are purchasing a property and hope to be out of there within 3 years. Don't
feel these improvements benefit them until developed.
Mr. MacArthur said that legally the assessment hearing was the place to make the
objection and not here. CM Darkenwald supports the deferral since this property is
not zoned commercial. Mike Robertson said that when the church was originally built
there was a lot of discussion that there would be future assessments. Mayor Fournier
said that we have deferred on these types before. City Engineer Ron Wagner
explained that we have deferred on commercial.
Mayor Fournier asked Gary Groen if this would affect paying on the bond. Mr. Groen
said it would not affect it.
Kathy Coles, 95"' street, on original letter noted a difference in interest rates from
the letter to the Resolution (5.5% vs. 6%).
Vern motioned to approve the Flemmer's agreement. Seconded by CM
Stockamp. All in favor. Motion carried. (11-9-07)
Christ Lutheran Church will be deferred until rezoned, sold or 6 years (just on the
001010 parcel) leave other parcel as is.
City Council Meeting November 13, 2007. Page S.
CM Heidner motioned adoption of 2006-75 changing interest rate to 5.5%
and the changes to Christ Lutheran Church. Seconded by CM Darkenwald.
All in favor. Motion carried.
9.3. 70th Street Update.
Ron Wagner updated everyone on the 70th Street construction (between MacIver and
CSAH 19). He isn't satisfied with Knife River's work. The pavement does not meet the
compaction standard and the finishing is very poor. Ron and Andy will work on a
letter to Knife River.
Mayor Fournier motioned for Ron Wagner and Andy MacArthur to write a
letter to Knife River Corp. Seconded by CM Heidner. All in favor. Motion
carried.
9.4. Norin's Landing.
Ron Wagner said the contractor paved the street and failed to notify him that this
was being done and therefore no inspector was on site until it was done. He took
cores and found out there was no adhesion between the layers of asphalt due to rain
and the contractor had to re -do the work. CM Heidner was concerned if the rain
caused the oil to runoff that it ran off into the Norin Pond. Mr. Wagner agreed that
this would be checked into. He noted the work has now been re -done satisfactorily.
9.5. Quantrelle Avenue.
Ron Wagner is recommending doing a Feasibility Report for commercial street with
curb and gutter and storm sewer and water and sewer. The Feasibility Study would
cost approximately $10,000. The Council directed Ron Wagner to get a petition from
the landowners.
Ron Wagner also updated on Water Tower No. 3. They are trying to get all the
primer on the outside this year and if weather holds maybe all the painting can get
done.
10. Andrew MacArthur, City Attorney.
10.1. Review of Lawful Gambling.
Andy MacArthur went over the agreement, resolution and ordinance.
Barb Gustafson, Elk River Youth Hockey, agreed to note that Rogers Youth Hockey is
a partner which is different from being two licensees. The permit would be just in
Elk River Youth Hockey's name. Page 4 No.4 need to fill in the blank, it should read
no more than three (3). Resolution 2007-85 will be on the next City Council agenda.
CM Darkenwald motioned to adopt Resolution 2007-84 adopting
Ordinance amending the Otsego City Code to add chapter 7, Section 12
Lawful Gambling and to add to Page 4 No. 4 three (3). Seconded by Mayor
Fournier. All in favor. Motion carried.
City Council Meeting November 13, 2007. Page 6.
10.2. Approve Resolution No. 2007-76.
Andy MacArthur went over Resolution No. 2007-76 Imposing a civil penalty on Mini -
E -Golf & Hobby Corp, Godfather's Pizza. They had failed the Wright County liquor
compliance check.
Rudy Thibodeau, Godfather's Pizza, reviewed his 3 handouts. He said that the
manager will now be checking the ID's. Mayor Fournier asked Mr. MacArthur about
changing the fine. He replied that there is some room for discretion but council
wanted businesses to know that this is the fine. CM Heidner stated that the
Ordinance can affect one business differently from another.
CM Darkenwald motioned to table Resolution 2007-76 until the November
26 City Council Meeting and ask Jill from Wright County to the next
meeting. Seconded by CM Heidner. Mayor Fournier and CM Stockamp
voted against. Motion carried 3 to 2.
10.3. Arbor Creek 3rd Amendment to Development Agreement.
Andy MacArthur went over the amendment.
CM Heidner motioned to table. Seconded by CM Thorsted. All in favor.
Motion carried.
10.4. Closed Meeting for discussion of Easement Acquisition.
11. Council Items.
11.1. Consider Rescheduling December City Council meeting.
Mayor Fournier requested to change the December 10, 2007 meeting. Council
agreed.
CM Stockamp motioned to change City Council Meeting from 12-10-07 to
12-17-07 at 6:30 PM. Seconded by Mayor Fournier. All in favor. Motion
carried.
11.2. 2008/2009 Contract for Police Services.
CM Heidner motioned to approve 2008/2009 Contract with Wright County
for Police Services. Seconded by Mayor Fournier. All in favor. Motion
carried.
11.3. Arts Alliance Request for Funding.
12. Mike Robertson, City Administrator.
12.0 Historic Preservation Commission Grant.
Mike Robertson reviewed the request from Chris Wilson, Otsego Historic Preservation
Commission, requesting $800 in matching funds. Council would like more
information.
13. Judy Hudson, City Clerk.
13.1. Alcohol Sales Training Classes.
Council supported the training in Otsego.
City Council Meeting November 13, 2007. Page 7.
14. Adjourn by 10 PM.
CM Darkenwald motioned to close meeting at 9:47 PM for discussion of
Easement Acquisition. Seconded by CM Thorsted. All in favor. Motion
carried.
Attending: City Administrator Mike Robertson, City Clerk/Zoning Administrator Judy
Hudson, City Attorney Andy MacArthur, City Engineer Ron Wagner, Mayor Fournier,
CM Heidner, CM Stockamp, CM Darkenwald and CM Thorsted.
Meeting held to consider proposed settlement for easement acquisitions.
Mayor Fournier motioned to approve the recommended payment.
Seconded by CM Thorsted. All in favor. Motion carried.
CM Thorsted motioned to reopen the City Council meeting at 9:54 PM.
Seconded by CM Heidner. All in favor Motion carried.
CM Stockamp motioned to adjourn meeting at 9:55 PM . Seconded by CM
Darkenwald. All in favor. Motion carried.
Mayor Larry Fournier
ATTEST:
Judy Hudson, City Clerk/Zoning Admin.
Written by: Tami Loff, Administrative Assistant