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07-24-06 CCITEM 3_1 OTSEGO CITY COUNCIL MEETING OTSEGO CITY HALL JULY 24, 2006 6:30 PM 1. Mayor Larry Fournier will call the meeting to order. Mayor Fournier called the meeting to order at 6:30 pm. Roll Call: Mayor Larry Fournier; Councilmembers: Vern Heidner, Dan Scharber, Jessica Stockamp and Mark Thorsted. Staff: Mike Robertson, City Administrator; Karee Rowell, Deputy Clerk; Dan Licht, City Planner; Ron Wagner, City Engineer; Brad Belair, Public Works Supervisor; Gary Groen, Finance Director. Pledge of Allegiance: Mayor Fournier led in the Pledge of Allegiance. 2. Consider agenda approval. Mayor Fournier requested to remove Item 4.2. Bond Sale and set time for a workshop; add 10.3. Speeding on Oakwood and Needham; move Item 7.1. Riverplace 3rd Addition Final Plat to Item 8.6.; move Item 9.1. Public Hearing for Vacation of Right-of-way for Lot 5, Block 1 Mississippi Shores 6"' Addn. to Park Avenue to Item 4.3. Mark Thorsted requested to add 10.4. Festival update. Dan Scharber requested to move Item 5.3. Approve Pay Request No. 3. Hennen Construction for TH101 Frontage Road Sewer & Water in the amount of $190,000.00 to Item 8.7. Mike Robertson requested to add Item 10.5. Park Applications, add Item 6.4. B. Change Order for Damage at the East Waste Water Treatment Center. Ron Wagner requested to remove Item 5.7. approve Pay Request No. 6 to Imperial Developers for Quaday Avenue in the amount of $108,015.25. CM Heidner motioned adoption of the July 24, 2006 City Council Agenda as amended. Seconded by CM Scharber. All in favor. Motion carried. 3. Consider the following minutes. 3.1. July 10, 2006 City Council Meeting. CM Heidner stated on page 4 Item 8.4. change to say that Ron Wagner had met with "Doug Lindenfelser Jr. and Doug Lindenfelser Sr." CM Heidner motioned to adopt the July 10, 2006 City Council Minutes as amended. Seconded by Dan Scharber. All in favor. Motion carried. 3.2. July 12, 2006 Council Workshop. CM Heidner motioned to approve the July 12, 2006 City Council Workshop Minutes. Seconded by CM Stockamp. Voting for the Motion: Mayor Fournier, CM Heidner, CM Stockamp, and CM Thorsted. Motion carried. Abstained: CM Scharber (did not attend). City Council Meeting of July 24, 2006. Page 2. 4. Open Forum: (5 minute limit) Floyd Goenner, Nashua Avenue NE, wanted to address Maintenance Supervisor Brad Belair on what is his plan with Nashua and 77th Street. It is narrower now and he is not able to drive his combine on the road without having to pull over to let an oncoming car go by. Floyd Goenner will meet with Brad Belair to go over the road situation. 4.1. Special Presentation: 2005 Audit. Mr. Steve McDonald represented the 2005 Audit report. 4.2. Authorize Bond Sale. Workshop set for August 2, 2006 at 4:00 pm. 11 Z nl 101 TP' UCAnTIU!_. of rinhF of ...w fnr 1 nf- C 12111 1 Andy MacArthur went over the vacation of right of way. Mayor Fournier asked the Deputy Clerk if there were any comments and Ms. Rowell stated Centerpoint Energy sent a letter and they have no objections to the vacation. Mayor Fournier opened the Public Hearing at 7:09 pm. John Brickley, Landcor has no objection to the vacation. Mr. Neilson, attorney for Dr. Gilgenbach of Amvet, opposed the vacation, noting they had done a lot of negotiating and he feels only minor points need to be resolved for an agreement. After hearing no further comments, Mayor Fournier closed the hearing at 7:13 pm. CM Heidner motioned to table the hearing until the next Council meeting in hopes that an agreement can be worked out. Seconded by CM Scharber. All in favor. Motion carried. Andy MacArthur stated this has been going on for years and the city has spent a lot of time and money on this issue and strongly urged all parties involved to reach a compromise. 5. Consent Agenda.(Non-controversial items). 5.1. Approve Claims List. 5.2. Approve Pay Request No. 16 to Gridor Contracting for Otsego East Waste Water Facility in the amount of $138,483.00. 5.3. Approve Pay Request No. 3 to Hennen Construction. Removed see Item 8.7. 5.4. Approve Pay Request No. 2 (Final) to Allied Blacktop Inc. 2006 Street Maintenance Project in the amount of $24,845.14. 5.5. Approve Pay Request No. 1 (Final) to Dressel for Kittredge Crossing Park Storm Sewer in the amount of $18,804.00. 5.6. Extension of Arbor Creek 3rd Addition Development Contract to November 1, 2007. 5.7. Approve Pay Request No. 6 to Imperial Developers for Quaday Avenue in the amount of $108,015.25. 5.8. Approve Resolution 2006-51 Relating to Parking Restrictions on (Parrish Ave) from 90th Street NE to 85th Street NE. City Council Meeting of July 24, 2006. Page 3. CM Scharber motioned to approve the consent agenda. Seconded by CM Stockamp. All in favor. Motion carried. 6. Public Works. 6.1. Approve Pay request to Buffalo Bituminous in the amount of $83,030.00 for three parks improvement. Tim Wold from SRF updated the Council on the parks improvement and stated the grading work has been done and the parks should be completed by October. CM Heidner motioned to approve the pay request to Buffalo Bituminous in the amount of $83,030.00 for the three park improvements. Seconded by CM Scharber. All in favor. Motion carried. 6.2. Park Irrigation Cost Estimates. Brad Belair went over the cost estimates for School Knoll Park and Prairie Park. Bids were $33,030.00 and $56,925.71 for Prairie Park. The bids were $12,679.65 and $14,200.00 for School Knoll Park. CM Heidner said they should have the Park Commission see the Prairie Park bids. CM Stockamp said they have talked about the skate park and parking lot. CM Heidner motioned to approve the low bid for School Knoll Park of $12,679.65 for the sprinkler system. Seconded by CM Scharber. All in favor. Motion carried. The money will come out of Park Dedication fees. 6.3. Park Equipment Purchase. A ball field fence would be $1,800.00 for Prairie Park. CM Scharber motioned to have the fence done before the festival. Seconded by Mayor Fournier. All in favor. Motion carried. 6.4. Consider Pavement of Driveway at East Waste Water Treatment Plant Karen Cavett with Bonestroo, discussed the options for paving the driveway. If the entire road was paved the cost estimate is $78,753.00 and if just the plant's main road was done $46,880.00 and the loop was done with granite chips $20,228.00. The Council asked Ms. Cavett to get a quote for just the main road including the loop and bring it back to the next meeting. CM Heidner asked to see if they could move the road so they can get more tanks in at the next expansion. 6.4.B. Water Damage at the East Plant. Mike Robertson explained the water damage and that insurance is looking into it. Karen Cavett went over what needed to be fixed. She recommended approval of a change order for ordering transformers by July 27th for the amount of $3,816.00. CM Heidner motioned to approve of change order for the transformers for $3,816.00. Seconded by Mayor Fournier. All in favor. Motion carried. 6.5. Dust Control on 70th Street NE. Mike Robertson noted dust control was finished and the developers and City of Albertville will be billed for it. 7. Dan Licht, City Planner. City Council Meeting of July 24, 2006. Page 4. 8.6. Riverplace 3rd Addition Final Plat. Dan Licht gave his Planner's report. Ron Wagner gave his Engineer's report. Christine Cooke, representing Lennar/Orrin Thompson said she had no objections to the conditions. Ms. Cooke was wondering how long before a park will be built. Mike Robertson said it will be several years before they get the land. CM Heidner motioned to approve the Riverplace 3'd Addition Final Plat, subject to the six conditions. Seconded by CM Thorsted. All in favor. Motion carried. 7.2. Park Commission Recommendations. Mike Robertson and Dan Licht reviewed possible park improvements. 7.3. Mississippi Wild and Scenic Management Plan Update. Dan Licht presented the Mississippi Management Plan. CM Scharber motioned to forward the updates to the DNR. Seconded by CM Stockamp. All in favor. Motion carried. 8. Ron Wagner, City Engineer. 8.1. Discuss Change Order No. 2 to Otsego Waterfront East. Ron Wagner went over the change order of $26,231.00 for sidewalk at Building E. CM Scharber motioned to approve change order at $26,231.00, contingent on LandCor signing the amendment to the Developer's Agreement. Seconded by CM Heidner. All in favor. Motion carried. 8.2. Consider Approval of Change Order No 1 and Pay Request No. 2 for CSAH 42 Water and Sewer. Ron Wagner went over the change order and the pay request. Mayor Fournier motioned to approve Change Order No.1 and Pay Request No. 2 for $12,982.00. Seconded by CM Scharber. All in favor. Motion carried. 8.3. Consider Approval of Grading Plan for CSAH 37 Commercial Development. Ron Wagner gave his engineering report. Mr. Darkenwald was looking for approval for grading an area of 11.3 acres. Andy MacArthur said he needs to sign an agreement before proceeding. CM Heidner motioned for approval of grading plan for CSAH 37 commercial development. Seconded by CM Stockamp. All in favor. Motion carried. 8.4. Consider Awarding Queens Avenue Project Resolution 06-53. Ron Wagner went over the bid. CM Scharber motioned to award the bid of $3,149,557.98 to Ryan Contracting for the Queens Avenue Project Resolution No. 06-53. Seconded by CM Thorsted. All in favor. Motion carried. 8.5. Discussion of I-94 West Industrial Park Sewer & Water Installation. Ron Wagner and Shane Nelsen explained the various options. David Turbiville of Trudell Trailers, said they were not in support at the proposed price. After discussion Council directed staff to meet with the property owners again to review a new option. City Council Meeting of July 24, 2006. Page S. 8.7. Approve Pay Request No. 3. Hennen Construction for TH101 Frontage Road Sewer & Water in the amount of 1190,000.00. CM Scharber asked about the patching that still has not been done on Quaker Avenue NE. Ron Wagner said he would look into the matter. CM Scharber motioned to approve the Pay Request No. 3. Hennen Construction for TH101 frontage road sewer and water in the amount of $190,000.00. Seconded by Mayor Fournier. All in favor. Motion carried. 9. Andrew MacArthur, City Attorney. 9.2. Proposed Assessment contract with Wright County. Mike Robertson explained the contract regarding Peter Merges. The City Council asked Mike Robertson to get cost information on having their own assessor for the next meeting. 9.3. Consider Cooperative Agreement with Wright County for CSAH 42 Improvements. Andy MacArthur reviewed the agreement. CM Heidner motioned approval with any changes that the City Attorney feels is necessary. Seconded by Mayor Fournier. All in favor. Motion carried. 10. Council Items. 10.1. Update on Sewer/Water Billing. Mike Robertson updated the Council on the billing and noted staff recommended purchase of a folding machine. CM Scharber motioned to approve of purchasing the folding machine with a maintenance agreement. Seconded by CM Stockamp. All in favor. Motion carried. 10.2. Scharber & Sons Invoice for Tine Grapple. CM Stockamp motion to pay invoice for the tine grapple. Seconded by CM Heidner. In favor: Mayor Fournier, CM Heidner, CM Stockamp & CM Thorsted. Abstained: CM Scharber. Motion carried. 10.3. Oakwood and Needham traffic Issues. Mike Robertson noted the Deputies have invited everyone to a neighborhood meeting at the August Police Commission meeting. 10.4 Festival. CM Thorsted went over the festival. 10.5. Park Commission Applicants. City Council set interviews on August 14, 2006 at 6:00 pm before the City Council meeting. 11. Mike Robertson, City Administrator. 11.1. Set Budget Workshops. City Council set the following dates for budget meetings. August 7, 2006, Monday at 5:00 pm, August 21, 2006, Monday at 5:00 pm, and August 29, 2006, Tuesday at 5:00 pm. City Council Meeting of July 24, 2006. Page 6. 11.2. PersonnelIssues. • Mike Robertson updated the council. 11.3. Recommendation for Telephone upgrade Will be brought up at the next Administration Committee meeting. 12. Judy Hudson, City Clerk. 12.1. Closed meeting for Attorney Client privilegee mom. CM Scharber motioned to close meeting at 10:10 pm. Stockamp. All in favor. Motion carried. Mayor Fournier motioned to approve the City Attorney's Seconded by CM Thorsted. All in favor. Motion carried. CM Scharber motioned to reopen the meeting at 10:23 pm. Stockamp. All in favor. Motion carried. Seconded by CM recommendation. Seconded by CM 13. Adjourn by 10 PM. CM Scharber motioned to adjourn. Seconded by CM Stockamp. All in favor. Motion carried. Meeting adjourned at 10:26 pm. Mayor Larry Fournier Attest: Karee Rowell, Deputy Clerk