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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.