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08-14-06 CCOTSEGO CITY COUNCIL MEETING OTSEGO CITY HALL AUGUST 14, 2006 6:30 PM 1. Mayor Larry Fournier will call the meeting to order. Mayor Fournier called the meeting to order at 6:32 pm. Roll Call: Mayor Larry Fournier; Councilmembers: Vern Heidner, Dan Scharber, Jessica Stockamp and Mark Thorsted. Staff: Mike Robertson, City Administrator; Judy Hudson, City Clerk/Zoning Administrator; Karee Rowell, Deputy Clerk; Dan Licht, City Planner; Ron Wagner, City Engineer; Brad Belair, Public Works Supervisor; and Andy MacArthur, City Attorney. Pledge of Allegiance: Mayor Fournier led in the Pledge of Allegiance. 2. Consider agenda approval. Mayor Fournier requested to add Item 8.7. Set up a meeting for Christian Acres Residents. CM Thorsted requested to add Item 10.6 Discussion of the Heritage Preservation meeting. Mike Robertson requested to add Item 11.1. Discussion of Building Official Conference. CM Stockamp requested to add Item 11.2. Usage of Cell phones and add Item 11.3. City Website update information. CM Heidner motioned adoption of the August 14, 2006 City Council Agenda as amended. Seconded by CM Scharber. All in favor. Motion carried. 3. Consider the following minutes. 3.1. July 24, 2006 City Council Meeting. CM Heidner motioned to adopt the July 24, 2006 City Council Minutes. Seconded by CM Scharber. All in favor. Motion carried. 3.2. August 7, 2006 Emergency City Council Meeting. CM Heidner motioned to approve the August 7, 2006 Emergency City Council Minutes. Seconded by CM Stockamp. Motion carried. Abstained: CM Scharber (did not attend). 4. Open Forum: (5 minute limit) Douglas Birk, is running for St. Michael/Albertville School Board. John Thelen, 9758 101st Street NE, President of Mississippi Pines Homeowners Association. The association would like to see a security light in the parking lot at Lily Pond Park. They would also like to see more street lighting in their neighborhood. City Council Meeting of August 14, 2006. Page 2. 4.1. Proposed Street Vacation. Andy MacArthur reported that the property owners are in agreement and will sign the Covenants. Mike Robertson noted Tim Phillips of Riverview Liquorette called to voice his support. CM Heidner asked if the City would be liable for the utilities and Andy MacArthur said no. CM Heidner motioned to adopt Resolution 2006-52 approving vacation of a portion of that service road dedicated on the plat of Mississippi Shores Sixth Addition and reserving to the City of Otsego a permanent drainage and utility easement over the portion of roadway vacated. Seconded by CM Scharber. All in favor. Motion carried. 4.2. Change Order for East WWTP. Maury Kallman of Bonestroo, went over the change orders. East WWTP roadway has two options, to surface the entire road with bituminous surface would cost $73,000.00, or to put down granite chips on just the loop road would cost $60,000.00. CM Heidner thought the loop should be able to be moved more than 20 feet. CM Heidner would like more information and thinks tanks should be going on the berm side. Mr. Kallman stated if the berm gets higher than 4 ft. trees would have a hard time growing. Mr. Kallman was surprised that the change orders had not been received at the city. The Council directed Mr. Kallman to submit a revised drawing and change order. 4.3. Jim Kngtosek & Neighbors Re: CUP for Berglund located in Monticello Township. Jim Krystosek, 9201 91st Street NE and John Breher, 9176 91st Street NE expressed that they do not want a blacktop company moving in next to their development. The most important thing is the road floods and these trucks will use their neighborhood roads to go around the flooded street. Mr. Krystosek asked if city staff or council could attend the meeting at Wright County on August 24, 2006 at 8:00 pm. 4.4. Neighborhood Meeting Report. CM Stockamp discussed their meeting with Needham and Oakwood Residents at the Police Commission meeting. Sgt. Butch Hagerty with Wright County Sheriff's office said there were 31 residents present. There were three major things discussed 1) Speeding 2) Drugs and 3) junk in people's yards. Sgt. Hargerty said they can handle the speeding and the drugs but the city has to deal with the junk. The residents asked if the speed wagon could be placed there, but Mr. Wagner said the road is too narrow. The residents asked if they gave permission could they put the wagon in their yard. Andy MacArthur said we could with a release form. CM Stockamp stated that it would be very useful to have another meeting like this if other neighborhoods have similar concerns. City Council Meeting of August 14, 2006. Page 3. Ron Wagner went over the bid results. Ryan Contracting took the bid. Metro Home Insulation said their price of $56,000 was too high and offered to pay $25,000 as their share. Andy MacArthur said that he went over the issue with Robert Pierson, Metro Home Insulation's attorney and they agree that there is no existing easement. The proposed city cost would be $98,000 and Christian Realty would pay $5,900. CM Heidner stated he is not comfortable with the city's portion. Andy MacArthur said the alternative is a 444 project which would also assess some residential properties. Mayor Fournier said in order to be fair we may need to include all owners. Mayor Fournier motioned to have Ron Wagner do a revised assessment. Seconded by CM Heidner. All in favor. Motion carried. 5. Consent Agenda_ . (Non -controversial items). 5.1. Approve Claims List. 5.2. Approve Resolution No. 06-54 Appointing Election Judges for 2006. 5.3. Received July 12, 2006 Park & Rec Commission Minutes. 5.4. Approve Pay Request to Kue for Otsego Public Works Facility in the amount of $575,089.00. 5.5. Set Public Hearing for Queens Avenue Improvements. 5.6. Approve Pay Request #17 to Bonestroo in the amount of $230,573.00. 5.7. Approve Pay Request #1 to Dresel Contracting for CSAH 42 Reconstruction in the amount of $237,549.90. 5.8. Approve Pay Request #6 to Imperial Developers for Quaday Ave Improvements in the amount of $108,015.25. 5.9. Received June 13, 2006 Police Commission Minutes. 5.10. Approve Pay Estimate #6 to S.R. Weidema for Mississippi Shores 6"'& 7"' Frontage Rd Improvement in the amount of $35,493.85. CM Scharber motioned to approve the consent agenda. Seconded by CM Heidner. All in favor. Motion carried. 6. Public Works. 6.1. Consider Park Commission Recommendations. Mike Robertson went over the recommendations from the Park Commission. Brad Belair said they will have three different options for irrigation with potentially a lower price. CM Stockamp motioned to table the bids for irrigation. Seconded by CM Scharber. All in Favor. Motion carried. City Council Meeting of August 14, 2006. Page 4. CM Stockamp motioned to accept the bid for the tennis court back boards. Seconded by CM Scharber. All in favor. Motion carried. Brad Belair stated he could make up a sign stating ""coming soon" for the new skate park and showing what will be new and that it will be closed during the festival. It was also brought up about patrolling the area for skate boarders and it was agreed that the Festival committee should be in control of that. Mayor Fournier motioned to have Brad Belair put up a sign and fence to not allow usage of the skate park during the festival. Seconded by CM Thorsted. All in favor. Motion carried. 7. Dan Licht, City Planner. 7.1. Wright County Highway Department: A. CUP B. Site and Building Plan Review. Dan Licht gave the Planner's report. Ron Wagner presented the Engineering report. Steve Meyer, Wright County, had no comments. Mayor Fournier asked about the drainage issue and Steve Meyer said they will work with Ron Wagner. CM Heidner asked if this could be zoned Institutional. Dan Licht said it is correctly industrial. CM Heidner is concerned when people see this type of salt storage building they might want to put up the same type of building. Dan Licht said that we could add it to the zoning and planning manual that this is only for salt storage. CM Scharber motioned to approve the site and building plans and conditional use permit allowing outdoor storage of materials for a Wright County Highway Maintenance substation subject to the twelve conditions. Seconded by CM Stockamp. All in favor. Motion carried. 7.2. Duke: A. Preliminary and Final Plat Review for Gateway North 2"d Addn. B. Site and Building Plan Review. Dan Licht gave the Planner's report. Ron Wagner gave the Engineer's report. David Bade, Duke Realty brought in a sketch in how the building and landscape will look and was okay with the conditions. CM Heidner motioned to appove a preliminary/final plat for Gateway North 2nd Addition site and building plans for Building #1 subject to the five conditions. Seconded by CM Scharber. All in favor. Motion carried. 7.3. Mississippi Cove Revised Final Plat. Dan Licht gave the Planner's report. Ron Wagner gave the Engineer's report. Mike Leuer objected to the requirement for a temporary cul-de-sac and said the City Council Meeting of August 14, 2006. Page S. Lenz's will continue to plow the road. Andy MacArthur explained that they will have the Developer's Agreement ready with that change. CM Scharber motioned to approve the 1St and 2nd Additions of Davis Mississippi Cove subject to the five conditions after the fifth condition is revised to state the property owners will be doing their own snowplowing and the city is not liable for anything. Seconded by Mayor Fournier. All in favor. Motion carried. 8. Ron Wagner. City Engineer. 8.1. Discussion of I-94 West Industrial Park Sewer and Water Extension. Shane Nelson went over the options and the discussion with the property owners. They would like some of the cost deferred. Brett Admixtures and Northdale Const would like to hook up. Trudell Trailers does not want to hook up at this time. Steve Scharber, Rhea Company talked to Bauerly Bros. and they would be interested if they had a three year deferrment. John Brett of Brett Admixtures would support this. Andy MacArthur stated what agreements need to be completed. CM Heidner motioned to adopt Resolution 2006-60. Seconded by CM Thorsted. Motion carried 4 - 0. CM Scharber abstained. 8.2. Consider Great River Energy pole relocation due to CSAH 42 Improvement. Ron Wagner went over the relocation of the poles and anchors. CM Scharber motioned to approve the suggestion Ron Wagner made. Seconded by CM Stockamp All in favor. Motion carried. 8.3 Consider Approving CSAH 42 Signal Plans and Order Advertisement for Bids. Ron Wagner went over Resolution 2006-58 for preparation of plans and specifications. CM Heidner motioned to approve Resolution 2006-58 for the preparation of the plans and ordering the advertisement for bids. Seconded by CM Scharber. All in favor. Motion carried. 8.4. Consider Approving 1MG Water Tower#3 Plans and Order Advertisement for Bids. CM Scharber motion to approve Resolution 2006-56 for the Water Tower #3 plans and order the advertisement for bids. Seconded by CM Stockamp. All in favor. Motion carried. 8.5 Consider Ordering Quotes for Test Well for Proposed Well #8. CM Heidner motioned to direct Ron Wagner to get quotes. Seconded by CM Scharber. All in favor. Motion carried. 8.6. Consider Approving 65th St Dual Force Main Plans and Order Advertisement for Bids. Ron Wagner discussed the project. City Council Meeting of August 14, 2006. Page 6. CM Scharber motioned to approve Resolution 2006-57 to prepare plans and specifications for the Dual Forcemains and order the advertisement for bids. Seconded by CM Stockamp. All in favor. Motion carried. 8.7. Christian Acres. Meeting is to be set up with the residents on August 21, 2006 at 7:00 pm, staff will contact them. 9. Andrew MacArthur, City Attorney. 01 DI 101 Tr UCADTNI!`. Mayor Fouriner opened the Public Hearing opened at 9:41 pm and after no comments the Public Hearing was closed 9:42 pm. CM Heidner motioned to approve Resolution 2006-59 Vacation of Drainage and Utility Easement of Outlot F of the Plat known as Riverplace 2nd Addition. Seconded by CM Scharber. All in favor. Motion carried. 9.2. Ordinance amending the city code regarding liquor license violations. Andy MacArthur went over the Ordinance and the fine amounts. CM Scharber motioned to approve Ordinance 2006-12 amending the city code and to have $2000.00 for each violation. Seconded by CM Heidner. Motion carried 4 - 1. CM Thorsted voted against. 10. Council Items. 10.1. Assessment Contract. CM Heidner motioned to approve a Contract with the Wright County Assessor for two years. Seconded by CM Scharber. All in favor. Motion carried. 10.2. Review No Discharge Zone. Dan Licht went over the No Discharge Zone and after comments from the Council, Dan Licht will bring the revised map back to the next council meeting. 10.3. Consider Employee Health Insurance. CM Scharber motioned to continue the same health insurance until January 1, 2007. Seconded by Mayor Fournier. All in favor. Motion carried. 10.4. Park Subcommittee Meeting. City Council consensus was not to provide any subsidy. 10.5. Scharber & Sons invoice for mower. CM Heidner motioned to approve paying the invoice for the mover. Seconded by CM Thorsted. All in favor. Motion carried 4 - 01 CM Scharber abstained. City Council Meeting of August 14, 2006. Page 7. 10.6. Heritage Preservation Commission. CM Thorsted stated there are interested people wanting to go to Duluth for a Preservation convention. The Council agreed if anyone wanted to go they could. CM Thorsted motioned to have Shirley Isaacson become a member of the Heritage Commission. Seconded by CM Stockamp. Motion carried 4 —1. CM Scharber voted no. CM Stockamp motioned to select Beverly Kumar for the Park Commission with Rob Miller as the Alternate. Seconded by Mayor Fournier. All in favor. Motion carried. 11. Mike Robertson, City Administrator. 11.1. Cell phone Usage CM Stockamp asked about the usage of cell phones and to look into a cheaper program. Mike Robertson stated this is already being looked into and will be discussed at the budget workshop. 11.2. Web Site CM Stockamp brought up about how the website is not being updated regularly. Mike Robertson stated that he will look into the matter and that all requests should go through him so he could monitor their progress. 12. Judy Hudson, City Clerk. Judy Hudson would like Dascom Systems to put in an additional screen on the Staff side of the Council chamber and the amount is around $11,000.00. Mayor Fournier motioned to approve the extra equipment needed. Seconded by CM Heidner. All in favor. Motion carried. 13. Adjourn by 10:30 PM. CM Scharber motioned to adjourn meeting at 10:39 pm. Seconded by CM Heidner. All in favor. Motion carried. Mayor Larry Fournier ATTEST: Karee Rowell, Deputy Clerk