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07-10-06 CCOTSEGO CITY COUNCIL MEETING OTSEGO CITY HALL JULY 10, 2006 6:30 PM 1. Mayor Larry Fournier will call the meeting to order. Mayor Fournier called the meeting to order at Roll Call: Mayor Larry Fournier; Councilmembers: Jessica Stockamp and Mark Thorsted. Staff: Mike Robertson, City Administrator; Judy Administrator; Andrew MacArthur, City Attorney; Dan Wagner, City Engineer. Vern Heidner, Dan Scharber, Hudson, City Clerk/Zoning Licht, City Planner and Ron Pledge of Allegiance: Mayor Fournier led in the Pledge of Allegiance. 2. Consider agenda approval. Mayor Fournier requested to add under Item 6.3. Consider approval of Invoice #10 to Oertel Architects for $10,367.55; under Item 6.1.b. Park Change Order; under Item 7.2. Town Home Parking and move Item 9.2. to 6.4. Ron Wagner noted a correction in the amount paid under Item 5.6., which should read $192,683.78; add under 8.3. Set a Public Information Meeting for the I-94 West Industrial Park Sewer and Water. Mike Robertson requested to add under Item 11.1. Building Department Staffing; under Item 10.2. Consider purchase of a Mobile Water Meter Reader. CM Heidner motioned adoption of the July 10, 2006 City Council Agenda as amended. Seconded by CM Stockamp. All in favor. Motion carried. 3. Consider the following minutes. 3.1. June 26, 2006 City Council Meeting_ CM Heidner noted that he abstained on the motion under 6.1. as he wasn't present for the entire discussion. CM Heidner motioned to adopt the June 26, 2006 City Council Meeting as amended. Seconded by CM Scharber. All in favor. Motion carried. 3.2. June 28, 2006 Emergency City Council Meeting. CM Stockamp motioned to approve to the June 28, 2006 Emergency City Council Meeting. Seconded by CM Heidner. Voting For the Motion: Mayor Fournier, CM Heidner and CM Stockamp. Abstained: CM Scharber and CM Thorsted (they were not present). 4. Open Forum: (5 minute limit) Lynn Anderson, Oakwood Avenue, stated her and her neighbors concern with speeding on Oakwood and Needham Avenue and presented a petition to lower the speed limit and install speed bumps for Oakwood Avenue. She also would like the City to maintain the ditches as there are a lot of weeds. They would like more patrolling in their area. Brad Belair said he is willing to work with the residents but asked that they mow their ditches and to get rid of the obstacles in the right-of-ways. City Council Meeting of July 10, 2006. 2 Mike Robertson said he is aware of the problems in this area and has been in contact with the Sheriffs Office and they are working on this. Kaylin Forslund and Teresa Mueller, Oakwood Avenue, also asked for more police patrol. Timothy and Teresa Mueller, Oakwood Avenue, appeared before the Council and asked for assistance with a new sewage system as they received a letter from the City that their current system has failed and are in violation of City and State Ordinances. Mayor Fournier motioned to direct City Staff to prepare an agreement for the Mueller's to enter into with the City paying for a new sewage system at 8332 Oakwood Avenue and to assess their property for all costs involved at the rate of 6% for seven years. Seconded by CM Heidner. All in favor. Motion carried. 5. Consent Agenda (Non -controversial items). 5.1. Approve Claims List. 5.2. Received June 5, 2006 Planning Commission Minutes. 5.3. Received June 14, 2006 Park & Rec Commission Minutes. 5.4. Approve Resolution No. 06-50 Appointing Election Judges for 2006. 5.5. Approve Pay Request to Oertel for Otsego Public Works Facility in the amount of $311,711.00. 5.6. Approve Pay Estimate No.1 for 2006 Street Maintenance Project in the amount of $192,683.78 to Allied Blacktop. 5.7. Approve Pay Estimate No.2 for West TH101 Frontage Rd Water and Forcemain Project in the amount of $205,597.57 to Hennen Construction. 5.8. Approve Pay Estimate No.3 for TH101 Jackings in the amount of $199,914.20 to Dave Perkins Contracting. CM Scharber motioned to adopt the Consent Agenda. Seconded by CM Stockamp. All in favor. Motion carried. 9.2. Proposed Assessment Contract with Wright County. Gregory Kramber, Wright County Assessor, briefly went over their proposed contract with the City Council for Wright County to provide assessment services to Otsego for Years 2008 and 2009. Mike Robertson said he will contact Pete Merges for clarification on his retirement date. Mayor Fournier motioned to table this decision for further review. Seconded by CM Heidner. All in favor. Motion carried. 6. Public Works. 6.1. Park Construction Update. Brad Belair gave an update on the 2006 Park Construction Projects. He also discussed the tennis board for Lilly Park and fencing for Prairie Park. The Council would like the Parks Commission to review first. City Council Meeting of July 10, 2006. 3 6.2. Skate Park Design. Brad went over his recommendation. CM Scharber motioned to approve the purchase of Skate Park Equipment and for it to be assembled and moved after the Otsego Festival and install a bituminous surface. Seconded by CM Heidner. All in favor. Motion carried. 6.3. Oertel Architect Invoice No. 10. CM Scharber motioned to approve Invoice No. 10 for $10,367.55 to Oertel Architects for professional consulting Services for the Public Works Facility. Seconded by CM Heidner. All in favor. Motion carried. Brad also informed the Council that on Wednesday he will be working with the Women of Today and volunteers from the 101 Market planting flowers in School Knoll Park. 7. Dan Licht, City Planner. 7.1. Rolfe Builders Variance. Dan Licht went over the Planner's Report. Staffs recommendation is for the developer to give up building rights on two lots in the Arbor Creek Subdivision. Mr. John Jackels, developer, agreed with this. Tom Berning stated that he appreciates the creative solution. CM Heidner stated he doesn't like approving a variance but recognizes that mistakes do happen. CM Heidner motioned to approve a variance to allow construction of a single family dwelling within 1,000 feet of a registered feedlot based on the attached Findings of Fact dated July 10, 2006. Seconded by CM Scharber. All in favor. Motion carried. 7.2. Town Home Parking Mayor Fournier said he has received a complaint from residents that there are not enough guest parking spaces in the Town Home Areas. Dan Licht went over the City's requirements and feels there should be adequate parking. He will review the area where they live and write them a letter. CM Stockamp asked about getting larger street signs on the major streets so they would be more visible. Brad Belair said they discussed this at a Public Works Subcommittee Meeting and he will be establishing a cost and bring it back to the Council. 8. Ron Wagner, City Engineer. 8.1. Discussion of Queens Ave. Drainage. Ron Wagner said staff met with Kevin Henry of Metro Home Insulation and his attorney and they went over different options for correction of this drainage problem. Mr. Wagner went over the estimated costs for the project. Robert Pearson, attorney representing Kevin Henry, said that in discussion with City Staff it was determined that there is 364 feet of pipe with a two foot drop going through Metro Home Insulation property. There is about two feet of standing water at both the north and south ends and substantial sediment at the north end. There is no easement on record. There concerns are if the City were to go in and excavate, there is no way of telling whether City Council Meeting of July 10, 2006. 4 the pipe had collapsed before or after the digging and there could be more than one area of blockage. Mr. Henry proposes to split the cost with the City of replacing the entire pipe and the City would get a permanent easement. Mr. Henry would also like the pipe moved further to the east which would make more of his land usable. Mr. Wagner said he has also discussed this with Chuck Christian, another owner of an adjacent property. CM Heidner motioned to construct a pipe subject to working out the agreements and easement with the property owner and with City Attorney and City Engineer at a cost sharing of 500/6 between Metro Home Insulation and the City. Seconded by Mayor Fournier. All in favor. Motion carried. Mike Robertson said the cost for this will come out of the Capital Improvement Fund. 8.2. Discussion of Water Tower #1. Ron Wagner went over his Engineering Report. After discussion, the consensus of the City Council was to keep Water Tower #1. 8.3. Public information meeting for sewer and water in the I-94 West Industrial Park. Since this would just be with the property owners and City Staff, the Council directed Staff to set a date. 8.4. Drainage problem on Kadler Avenue. Ron Wagner had met with both Doug Lindenfelser Sr. and Jr. regarding drainage problems that have occurred since the improvement of Kadler Avenue. CM Stockamp motioned to direct the City Staff to correct this drainage problem with the developer of Riverwood National paying 50%. Seconded by CM Thorsted. All in favor. Motion carried. 9. Andrew MacArthur, City Attorney. 9.1. Duke Development Agreement. Mr. MacArthur went over his memo of July 10, 2006 with the City Council making a few changes which Mr. MacArthur will make and send back to Duke. 10. Council Items. 10.1. Accept Resignation of Virginia Goughnour from Park & Rec. CM Scharber motioned to accept the resignation of Virginia Goughnour. Seconded by CM Stockamp. All in favor. Motion carried. 10.2. Water Meter Reader Mike Robertson went over the quote from Hydro Metering Technology for an Itron Model MC -2.0 Mobile AMR Collection System for meter reading. CM Heidner motioned to approve the purchase of the Itron Model MC -2.0 Mobile MR Collection System for $38,500.00 Seconded by CM Scharber. All in favor. Motion carried. City Council Meeting of July 10, 2006. 5 11. Mike Robertson, City Administrator. 11.1. Building Department Staff. Mike Robertson went over the staffing needs of the Building Department. CM Heidner motioned authorizing Lisa Larson to start full time at the end of her six month probation period. Seconded by CM Thorsted. All in favor. Motion carried. 12. Judy Hudson, City Clerk. 12.1. Closed Meeting Attorney/Client Privilege. CM Heidner motioned to close the City Council Meeting. Seconded by CM Stockamp. All in favor. Motion carried. Meeting closed at 9:25 PM. The City Attorney made a recommendation regarding Twin City Beekeeping. Mayor Fournier motioned to approve the City Attorney's recommended amount. Seconded by CM Stockamp. All in favor with CM Heidner abstaining as he was not present for this motion. Motion carried. Regarding Kevin Lefebvre's settlement City Council discussion was held and approval was given on the modified settlement proposal. CM Scharber motioned to close the Closed Meeting. Seconded by CM Thorsted. All in favor. Motion carried. Closed meeting closed at 9:54 PM. CM Scharber motioned to re -open the City Council Meeting at 9:54 PM. Seconded by CM Thorsted. All in favor. Motion carried. 13. Adjourn by 10 PM. CM Scharber motioned to adjourn. Seconded by CM Stockamp. All in favor. Motion carried. Meeting adjourned at 9:55 PM. Mayor Larry Fournier ATTEST: Judy Hudson, City Clerk/Zoning Admin.