06-26-06 CCOTSEGO CITY COUNCIL MEETING
OTSEGO CITY HALL
June 26, 2006
6:30 PM
1. Mayor Lary Fournier will call the meeting to order.
Mayor Fournier called the City Council Meeting to order at 6:30 PM.
Roll Call: Mayor Larry Fournier; Coundimembers: Dan Scharber, Jessica
Stockamp and Mark Thorsted. Vern Heidner arrived at 7:23 PM.
Staff: Mike Robertson, City Administrator; Judy Hudson, City Clerk/Zoning
Administrator; Andrew MacArthur, City Attorney; Laurie Shives, Associate Planner and
Ron Wagner, City Engineer.
Pledge of Allegiance: Mayor Fournier led in the Pledge of Allegiance.
2. Consider agenda approval.
Mayor Fournier requested to move Item 5.5. to 7.4; move 5.10 to 8.9; add under 4.2.
Escrow Accounts; and add under 10.5 Letter from resident requesting Tennis Sign Up
Board at Lilly Pond Park. Mike Robertson requested to add to the Claims List check
issued to Bulow Incorp for $85,000 for partial completion of Pump House in Riverwood
National.
CM Scharber motioned adoption of agenda as amended. Seconded by CM
Thorsted. All in favor. Motion carried.
3. Consider the following minutes.
3.1. June 12. 2006 City Council Meeting.
Mayor Fournier noted on Page 4, a motion did not include CM Heidner's name.
CM Scharber motioned to approve the minutes of June 12, 2006 as amended.
Seconded by CM Stockamp. All in favor. Motion carried.
4. Open Forum: (5 minute limit)
4.1. Presentation of Financial Plan.
Gary Groen went over the Financial Plan dated June 2006.
4.2. Escrow Account Statement.
Gary Groen explained that Finance has put together an Escrow Account Statement
showing the balance of the development application accounts.
Ed Pearsall, Police Commission, updated the Council on the issues the Police
Commission addressed at their last meeting. They are looking for funding for a McGruff
Dog Suit and name tags.
Tom Brown, Terra Development, reported that the closing between them.. Target and
Ryan Companies occurred all day long today and completion is tomorrow morning.
5. Consent Agenda. (Non -controversial items).
5.1. Approve Claims List.
5.2. Approve Revised Personnel Manual.
5.3. Received May 9, 2006 Police Commission Minutes.
City Council Meeting of June 26, 2006. Page 2.
5.4. Approve Resolution 06-42 establishing procedures relating to
compliance with Reimbursement Bond.
5.5. Davis Mississippi Coves Final Plat. REMOVED
5.6. Gateway North AUAR.
5.7. Approve Change Order #6 to Bonestroo for Otsego WWTF in the amount
of $12,564.00.
5.8. Approve the following new application for Uquor License
A. Vintage Golf Course (DBA Riverwood National).
1. On Sale and Sunday Uquor Ucense.
5.9. Approve Change Order #4 to Gridor for Otsego WWTF in the
amount $12,436.00.
The Council directed the City Administrator to remove language that an employee
could use vacation or personal leave in excess of what they have accrued.
CM Scharber motioned to approve the Consent Agenda with changes to the
Personal Manual and removing Item 5.4. and 5.10. Seconded by CM
Stockamp. All in favor. Motion carried.
6. Public Works.
6.1. Commission Items.
Mike Robertson went over his memo of City Commission Issues.
Peavey House: CM Scharber suggested sending this back to the Heritage Commission
for discussion of moving and costs. The Council agreed the Peavey House should not
be moved to Prairie Park.
Skate Park: The Council discussed moving the Skate Park.
Mayor Fournier motioned to move the Skate Park after the Otsego Festival
and leave the current Slate Park open and patrolled for the Otsego Festival.
Seconded by CM Scharber.
After further discussion, Mayor Fournier rescinded his motion. The second agreed.
CM Heidner arrived at this point.
Brad Belair offered to put together costs and specs for a new Skate Park.
CM Stockamp motioned to move the Skate Park upon receipt of costs and to
dismantle the current Skate Park for the Otsego Festival. Seconded by CM
Thorsted.
Voting For the motion: CM Stockamp
Voting Against the motion: Mayor Fournier, CM Heldner, CM Scharber, CM
Thorsted.
Motion failed four (4) to one (1).
Council directed Mike Robertson to call the Sheriff and find out if the City can get extra
patrol for the Otsego Festival. They also directed Brad Belair to get costs and design
for a new Skate Park.
City Council Meeting of 3une 26, 2006. Page 3.
Park Design: The Council would like the Parks Commission to come up with a Priority
List for Park locations and use.
McGruff Suit: Mike recommended that the City fund the McGruff Suit.
CM Heidner motioned to purchase a McGruff Suit for approximately $1,500
out of the Council Contingency Fund. Seconded by Scharber. All in favor.
Motion carried.
Identify Tags: The Council discussed the Police Commission's request for Identify Tags
with the City Attorney and agreed not to purchase any Identify Tags.
6.2. Kadler Tile Outlet.
Brad Belair asked when the Kadler Avenue Punch List will be finished as there are a
number of things to be done, including the file repair on Doug Lindenfelser land and the
erosion on Shelquist property.
Mike Robertson recommended that the Public Works Department complete these types
of jobs and charge them back to the developer. The Council agreed.
Brad updated the Council on three new Parks being built. He has recommended a
Change Order for the Irrigation Systems in order to provide better systems with fewer
sprinkler heads and therefore lower maintenance for approximately $20,000 more.
CM Scharber motioned to approve the upgrade of the Inigatkm Systems for
all three parks. Seconded by Mayor Fournier. All in favor. Motion carried.
Brad said that SRF will be bringing in some Change Orders at the next City Council
Meeting.
Brad said he is working with the Women of Today on replanting at School Knoll Park.
101 Market has donated the design and volunteering two employees to help with the
plantings. The estimate for the plants is $2,400 and another $600 for mulch etc., for a
total of $3,000. Brad also recommended to install irrigation ASAP in this Park and also
to get a proposal for additional irrigation in Prairie Park.
CM Scharber motioned to direct Brad Belair to get estimates for irrigation
systems for School Knoll Park and Prairie Park and to go ahead with the
plantings in School Knoll Park for approximately $3,000.00. Seconded by CM
Tho rsted. All In favor. Motion carried.
Brad reported most of the repairs to the gravel roads have been done.
Brad also requested additional staff as one of his employees is currently out for two
weeks recovering from knee surgery.
CM Scharber motioned to authorized Brad Belair to hire limited part-time
help. Seconded by CM Tho sihed. All in favor. Motion carried.
7.3. Nashua Avenue Trail Landscaping.
Laurie Shives went over the Memorandum giving a landscaping quote for improvement
for the Nashua Avenue Trail. Brad Belair suggested that his department could improve
the soils and plant grass. The Council agreed.
City Council Meeting of June 26, 2006. Page 4.
7. Laurie Shives, Associate City Planner.
7.1. LandCor, Inc:
A. PUD Development Stage Plan for a produce market on Lot 5,.
Block 1.
Laurie Shives presented the Planner's Report. Ron Wagner presented his Engineering
Items.
CM Heidner motioned to approve a PUD Development Stage Plan for Lot 5,
Block 1 Mississippi Shores V Addition, subject to the nine conditions listed
in the Findings of Fact. Seconded by CM Scharber. All in favor. Motion
carried.
7.2 Rolfe Builders, Inc:
A. Variance from the setback required by Sec. 20-27-9 of the Zoning
Ordinance tb allow construction of a single family dwelling within
1,000 feet of a registered feedlot.
Laurie Shives presented the Planner's Report. Mr. MacArthur distributed his suggested
Findings of Fact. Mr. MacArthur said the Plat wasn't approved with Lot 1, Block 1 but
was signed and recorded with this lot and therefore it is a lot of record. He has talked
to Tom Berning, who wants to make sure this doesn't happen again. Mr. MacArthur
recommended that the City Council approve the variance based upon the Findings he
drafted.
Tom Beming, an owner of Beming Family Dairy, stated he feels this is an issue
Involving principle and following City Ordinances. Mr. Beming stated he has no
intention of starting a lawsuit. He discussed with Mr. MacArthur if something could be
recorded against this lot recognizing that the house is located within the 1,000 foot
setback from a registered feedlot. The Council expressed their frustration that this
happened and reluctance of approving this variance.
John Jackels, Emmerich Development, apologized for this unfortunate mistake.
Mayor Fournier motioned to table this application. Seconded by CM Heldner.
All in favor. Motion carried.
5.5. Davis Mississippi Coves Final Plat.
Laurie Shiver presented the Planner's Report. Ron Wagner went over his Engineering
Items.
Scott Dahlke the project engineer discussed the following issues:
Extension of 96"' Street: They are okay with revising the plat to show the street to go
through but would like t:o dedicate the land as an Outlot and not right -d -way and they
would changed it over to right-of-way when the second phase is completed.
Park Area: He would like to go through with the calculations with the Planner and could
do this at the time of the Developer's Agreement.
Street Name: This is the street on the far east side which is currently the Lenz
driveway. They would like to change the name from Nadalia to Nantucket.
Ron Wagner and Laurie Shives both recommended dedicating the land for 96th Street
as right-of-way and not as an Outlot.
City Council Meeting of June 26, 2006. Page S.
CM Scharber noted that this development also has the 1,000 foot setback from a
registered feedlot. Mr. Dahlke said they are aware of this and have revised the Plat
accordingly.
CM Heidner motioned to approve the Davis Mississippi Cove Final plat subject
to the seven conditions listed in the Findings of Fact dated June 26, 2006 and
to allow the name change for Nadalia Avenue to Nantucket Avenue.
Seconded by CM Thorsted. All in favor. Motion carried.
8. Ron Wagner,City � ing neer.
8.1. Review of Quaday Ave Claim.
CM Thorsted motioned to approve the City paying one-half of the invoice.
Seconded by Mayor Fournier. All in favor. Motion carried.
8.2. Wokson Hills Drainage Update.
Ron Wagner went over report.
CM Heidner motioned to direct the City Engineer to send a letter to Metro
Home Insulation for them to repair the drainage pipe for work to begin
within 30 days and completion within 60 days. Seconded by CM Stockamp.
All in favor. Motion carried.
8.3. Consider Award of CSAH 42 Improvement Prof c� t.
CM Stockamp motioned to adopt Resolution 2006-43 ordering Improvement
Project 06-09, CSAH 42 (Parrish Avenue) reconstruction. Seconded by Mayor
Fournier. All in favor. Motion carried.
CM Heidner motioned to adopt Resolution 2006-44 accepting Bid for
Improvement Project 06-09, CSAH 42 (Parrish Avenue) to Dressel
Contracting, Inc., for $2,035,683.65. Seconded by CM Stockamp. All in
favor. Motion carried.
8.4. Consider Approving Plans & Sp= for Avenue
Improvement PrWga and order Advertisement for Bids.
Ron Wagner presented the Plans and Specs for Queens Avenue.
Mayor Fournier motioned to adopt Resolution 2006-49 approving Plans and
Specifications and ordering advertisement for bids for Queens Avenue
Improvement Project (CSAH 37 to 59th Street). Seconded by CM Heidner.
All in favor. Motion carried.
8.5. Discussion of Lona term Economics of Water Tower #1.
This item was not discussed and will be on the July 10, 2006 City Council Agenda.
8.6. Consider setting Workshop to discuss Kadler Avenue Inter+chaM.
The Council set Wednesday, July 12, 2006, 5:30 PM for the City Council Workshop.
8.7. Consider Accepting Feasibility Report for Water and Sewer to
Sego West Industrial Park.
Ron Wagner presented the proposed project.
CM Scharber stated that the developer would like the line moved to go akxV the north
lot line of Lot 2 and down the west line of Lot 2 as to keep the west line of Lot 4 free of
easements for future development.
City Council Meeting of 3une 26, 2006. Page 6.
CM Stockamp motioned to adopt Resolution 2006-46 ordering preparation of
Report on Improvements for Sanitary Sewer and Water Main Improvements
for Otsego I-94 West Industrial park 4th Addition. Seconded by CM
Thorsted.
Voting For the Motion: Mayor Fournier, CM Heidner, CM Stockamp and CM
Thorsted.
Abstained: CM Scharber
Motion carried.
CM Heidner motioned to adopt Resolution 2006-47 accepting the Feasibility
Study for Sanitary Sewer and Water Main Improvements for Otsego I-94
West Industrial park 4th Addition. Seconded by CM Stockamp.
Voting For the Motion: Mayor Fournier, CM Heidner, CM Stockamp and CM
Thorsted.
Abstained: CM Scharber
Motion carried.
8.8. Consider amending Otsego Waterfront East Development Agreement to
include sidewalks.
Ron Wagner went over the design and costs for sidewalks and landscaping.
CM Scharber motioned to direct staff to amend the Waterfront East
Development Agreement to include sidewalks and landscaping. Seconded by
CM Heidner. All in favor. Motion carried.
5.10. Approve Pay Estimate #1 to Burschville Construction for the amount
of $276,305.98.
CM Scharber motioned to approve Payment #1 to Burschville Construction
for $276,305.98. Seconded by Mayor Fournier. All in favor. Motion carried.
9. Andrew MacArthur, City Attorney.
9.1. Awrove Duke Realty Development Age
CM Scharber motioned to table. Seconded by CM Heidner. All in favor.
Motion carried.
9.2 PUBLIC HEARING: Vacation of right of way for 65th St NE between TH
101 and future Queens Ave NE.
Mayor Fournier opened the Public Hearing at 10:38 PM.
Judy Hudson attested that the proper noticing, posting and publishing was completed.
Mr. MacArthur presented the need for this vacation but that an easement will be kept
for utilities.
Hearing no public comment, Mayor Fournier closed the Public Hearing at 10:50 PM.
CM Scharber motioned to adopt Resolution 2006-48 approving the vacation
of portion of 65th Street and reserving utility easement. Seconded by CM
Hehlner. All in favor. Motion carried.
Mr. MacArthur said that he met with Aeshlimans, owners of Almosta Farm, and they
have agreed upon payment for easement of $19,209.00.
City Council Meeting of 3une 26, 2006. page 7.
CM Scharber motioned to approve the payment of $19,209.00 for easement
from the Aeshliman of Almosta Farm. Seconded by CM Stockamp. All in
favor. Motion carried.
Mayor Fournier motioned to adjourn the City Council Meeting and for the
balance of the June 26, 2006 City Council Meeting Agenda to be placed on
the 3uly 10, 2006 City Council Meeting Agenda. Seconded by CM Thorsted.
All in favor. Motion carried.
Meeting adjourned at 10:53 PM.
Mayor Larry Fournier
ATTEST:
Judy Hudson, Clerk/Zoning Admin.