09-25-06 CCITEM 3_1
OTSEGO CITY COUNCIL MEETING
OTSEGO CITY HALL
SEPTEMBER 25, 2006
6:30 PM
1 Mayor Lar1y Fournier will call the meeting to order.
Mayor Fournier called the meeting to order at 6:38 pm.
Roll Call: Mayor Fournier; Councilmembers: Vern Heidner, Dan Scharber,
Jessica Stockamp and Mark Thorsted.
Staff: Mike Robertson, City Administrator; Judy Hudson, City Clerk/Zoning Administrator;
Tami Loff, Administrative Assistant; Dan Licht, City Planner, Ron Wagner, City Engineer;
Andy MacArthur, City Attorney; Brad Belair, Public Works Director; Tim Rochel, Building
Official.
Council Candidate: Brian Reinbold
Pledge of Allegiance: Mayor Fournier led in the Pledge of Allegiance.
2. Consider agenda approval.
Mayor Fournier requested item 5.8 be moved to 9.5 for discussion and move 9.5. to 6.0.
Ron Wagner asked to add item 9.6. 39/42 discussion of signals. CM Scharber requested
to add 9.7. East Water Tower, 6.2. Queens Ave., 6.3. Christian Hills, and 7.6. Road side
mowing. Mike Robertson requested addition of 4.1. Elk River Art Alliance and that in item
5.2. Pay Request is from Kue Contracting.
CM Heidner motioned adoption of the September 25, 2006 City Council agenda
as amended. Seconded by CM Scharber. All in favor. Motion carried.
3. Consider the following minutes.
3.1. August 28, 2006 City Council Meeting.
CM Scharber motioned adoption of the August 28, 2006 City Council Minutes
as amended. Seconded by CM Heidner. All in favor. Motion carried.
3.2. September 11, 2006 City Council Meeting_
CM Heidner motioned adoption of the September 11, 2006 City Council
Minutes as amended. Seconded by CM Scharber. All in favor. Motion carried.
4. Open Forum: (5 minute limi f
John Brickley, LandCor; is requesting to move forward on Bob's Produce development
without signature from Dr. Gilgenbach. Andy MacArthur said that he has been dealing
with this for awhile and that all the changes that Dr. Gilgenbach requested have been
made and they are just waling for a signature from him. Rudy Thibodeau, Godfathers
9100 Park Ave, spoke in support.
CM Heidner motioned to approve Resolution 2006-75. Seconded by CM
Scharber. All in favor. Motion carried.
City of Otsego Meeting of September 25, 2006. Page 2
Sandy Michaelson, Police Commissioner, Reported that the Police Commission is out of all
the McGruff items, bags, stickers, bracelets etc. and would like to hand them out at the
Otsego Elementary Carnival and the Otsego Pumpkin Patch. They are asking Council for
$1548.00. Mike Robertson said that they have money available in the contingency fund.
CM Heidner motioned to approve request for $1548 from the Contingency
Fund. Seconded by CM Stockamp. All in favor. Motion carried.
Jolene Jorgensen, 7814 Parrish Ave, a school board candidate for District #728, who lives
here in Otsego and wanted to introduce herself.
Laurie Bell, Elk River Area Arts Alliance, is asking Council to consider funding for 2007 in
the amount of $5000. Council requested this be added to the next City Council agenda to
be discussed.
5. Consent Agenda. (Non -controversial items)
5.1. Approve Claims List.
5.2. Payment Request N0.4 to Kue Contracting Otsego Public Works Building in
the amount of $136,193.00.
5.3. Pay Request No. 18 to Gridor for Otsego East Wastewater
Treatment Facility in the amount of $147,960
5.4. Zoning Text Amendment: Amendment of the Zoning Ordinance
related to building materials allowed for buildings accessory to
public uses.
5.5. Pay Request No.2 to Buffalo Bituminous in the amount of
$86,503.20 for Park Site Improvements.
5.6. Approve Riverwood National 2"d Addn.
5.7. Otsego East WWTF proposed changes.
5.8. Approve Resolution No.2006-73 ordering a hearing on proposed
Assessment for Quaday Ave between 7e ST and Cty Rd 37.
5.9. Approve Pay Estimate No.6 to Veit Companies in the amount of
$98,384.28 for Otsego Waterfront East.
5.10. Approve Pay Estimate No.4 to Hennen Construction for TH101
water & forcemain in the amount of $105,374.95.
CM Heidner motioned to approve the consent agenda except in Item 5.2.
Oertel should be changed to Kue Contracting. Seconded by CM Stockamp. All in
favor. Motion carried.
City of Otsego Meeting of September 25, 2006. Page 3.
6. Old Business.
Grenins Mississippi Hills.
Ron Wagner, City Engineer gave an update. Tim Rochel, Building Official also gave an
update on special performance septic systems in Grenins Mississippi Hills. Clean water is
leaching out of the toe of the septic systems. The question is should City sewer and water
be brought to these houses or can the systems be fixed.
Michael Sundberg, Representative from Bord Noma who installed the septic systems pods
said it would cost around $5000 to add additional peat systems which he feels would
work. Administrator Robertson asked if the peat system is similar to a mound system with
around 20 year's life to the system. Mr. Sundberg replied estimated life is 15-18 years.
Tim Rochel said that it meets state code.
Jim, Alpine Homes, sold all the lots in the development except for one that he had testing
done and they can not place a standard septic system on this lot. He does not see the
need for a forcemain, as he feels that a curtain drain would work fine to get the clean
water away. He said that he will pay for drain curtain on these properties except for the
one lot he did not own. City Councilmembers reminded the property owners that their
systems are individual private systems which are the responsibility of the property
owners.
Trisha Brunkow, is currently building a house at 9751 Kahler and was denied septic
permit from the Building Department because of the other failing systems in the
development. She says they need to know if they can have a septic or city sewer and
water.
Andy MacArthur, City Attorney responded to Mrs. Brunkow's comments related to
potential legal action indicating that it was hard to evaluate what claim, if any, could be
made against the City based upon the representations made at this meeting. The fact
that the City approved the lots and the Plat as conforming with general City standards is
not a warranty that any individual lot could not be deemed unbuildable or problematic
upon further examination. In order to provide City sewer to the lots the City would have
to go through the statutory bidding process which would not allow for a solution this
year. The Brunkow's could use their money to pay for an attorney, the City would submit
any claim to their insurer, and the end result would be delayed. It was his opinion that
based upon the information provided that it would be much more cost effective to all
parties to go with the proposed drainage solution.
City of Otsego Meeting of September 25, 2006. Page 4.
Dawn Scultroup, 9771 Kahler Ave said she was the first one to move into this area and
has been dealing with this problem for a year. CM Heidner said that there is no guarantee
that the curtain drain will work. Mayor Fournier asked Ron Wagner, City Engineer if he
thought curtain drain is a good idea. Ron said yes.
Craig Brunkow, 9751 Kahler Ave. said that in a heavy rain the mound system had been
covered. He feels that curtain drain will not work if water cannot drain away faster. Mayor
Fournier noted that much of their back yards are drainage easement, and that water is
expected to pond there after it rains.
Lisa & Dan Peterson, 9791 Kahler Ave, said that when it rains it floods their back yard
and that they were told their system would last 20 years. They were told when they
called into city hall that there was no chance for City sewer and water. Ron Wagner
replied that Riverwood National failed to build a sewer system and the City had to extend
sewer to serve the development otherwise City sewer and water would not have been
there for years. CM Heidner asked what they would like to see the City do. Craig replied a
mound system or City sewer and water.
Mayor Fournier asked residents affected to give verbal agreement for easement for a
curtain drain.
Dan & Lisa Peterson, yes
Craig & Trisha Brunkow, yes
Dawn Sculthoup, yes
Tom Bailey, yes
CM Heidner motioned that Alpine Builders will fix lots and City will cover the
cost of one lot not to exceed $2000 and City Engineer costs. Seconded by
Mayor Fournier. All in favor. Motion carried.
6.1. Prairie Park Improvements.
Brad Belair, Public Works Director, talked about expansion of the parking lot in Prairie
Park. CM Stockamp brought this subject back to the Park and Rec Commission and all the
members feel that the parking lot expansion in Prairie Park is not needed at this time.
Brad had a quote on drinking fountain in Prairie Park. It would be a 570 foot 1 inch water
line from city hall. Council was in consensus to go ahead with irrigation, don't do the
parking lot expansion, and get an electricity cost for the drinking fountain.
6.2. Queens Ave Drainage.
Ron updated on the subject. Work will start next week.
7. Public Works.
7.1. Project Update.
Tim Wold, SRF Consulting Group gave an update on City Parks under construction. CM
Heidner asked if we will have grass in this year in all parks.
City of Otsego Meeting of September 25, 2006. Page S.
Kittredge Park is seeded, Otsego Preserve Park will be seeded this year and they are not
sure yet if they will be able to seed Beaudry Meadows Park. Mr. Wold said that they are
not going to be able to meet the October 1st completion date. They are having a meeting
Monday October 2 to go over the schedule. They will notify us with the completion date.
Council consensus was to not waive any late fees.
7.2. Quote to pave the Salt Storage Shed.
Brad went over a quote from Kue Contractors in the amount of $20,848 for paving the
Salt Storage Shed. The shed would be completed by the end of October.
CM Scharber motioned to approve paving the Salt Storage Shed in the amount
of $20,848. Seconded by CM Heidner. All in favor. Motion carried.
7.3. Irrigation at Kittredge Park.
Brad went over a quote to install irrigation at Kittredge Park. Anderson Irrigation gave a
quote of $4,896.
Mayor Fournier motioned to approve irrigation at Kittredge Park in the amount
of $4,896. Seconded by CM Stockamp. All in favor. Motion carried.
7.4. Irrigation at the new Public Works Facility.
Brad went over a quote to install irrigation at the new Public Works Facility. Distinctive
Design Irrigation gave a quote of $8,126.25 and said that they would honor prices for
next season. Brad said that the Public Works Department would install the sleeves for the
irrigation.
CM Scharber motioned to approve irrigation at the Public Works Facility in the
amount of $8,126.25 Seconded by CM Thorsted. All in favor. Motion carried.
7.5. Public Works Facility Change Orders.
Jeff Oertel, Oertel Architects, gave an update on the Public Works Building. Move in date
is the end of December. Mr. Oertel brought in several items that need Council direction.
Change Order for Additional Waste Water tank in the amount of $9,414. Health
Department related items in the amount of $8,699. Wall within the maintenance and
welding bay area in the amount of $7,000. Concrete floor sealer upgrade in the amount
of $2,000 and also paving the salt area.
CM Thorsted motioned to approve change orders as suggested by Oertel.
Seconded by CM Stockamp. All in favor. Motion carved.
7.6. Road Side Mowing:
CM Scharber asked that Public Works mow down the weeds at the corner of Quaday and
70'h Street.
8. Dan Licht, City Planner.
8.1. Riverbend North:
Dan Licht gave the Planner's report. Ron Wagner gave the Engineering report.
City of Otsego Meeting of September 25, 2006. Page 6.
A. Zoning Map amendment rezoning from R-1 District to B-3
District.
CM Heidner motioned to approve the Zoning Map amendment rezoning land to
be included within the Riverbend North Preliminary Plat to B-3 District based
on a finding that the request is consistent with the Comprehensive Plan.
Seconded by CM Scharber. All in favor. Motion carried.
B. PUD-CUP/Preliminary Plat.
CM Heidner motioned to approve the PUD-CUP/Preliminary Plat and concept
plan for Riverbend North subject to nine conditions. Seconded by CM Scharber.
All in favor. Motion carried.
8.2. Riverbend South:
Dan Licht gave the Planner's report. Ron Wagner gave the Engineering report.
A. Zoning Map amendment rezoning from R-1 District to B-3
District.
CM Heidner motioned to approve the Zoning Map amendment rezoning land to
be included within the Riverbend South Preliminary Plat to B-3 District based
on a finding that the request is consistent with the Comprehensive Plan.
Seconded by CM Scharber. All in favor. Motion carried.
B. PUD-CUP/Preliminary Plat.
CM Heidner motioned to approve the PUD-Cup/Preliminary Plat and concept
plan for Riverbend South subject to fourteen conditions. Seconded by CM
Scharber. All in favor. Motion carried.
8.3. Anoka Equine:
Dan Licht gave the Planner's report. Ron Wagner gave the Engineering report.
A. Zoning Map amendment rezoning portions of the subject site
from A-1 District and I-2 District to B-3 District.
CM Heidner motioned to approve the a Zoning Map amendment rezoning the
subject site to B-3 District to accommodate in place expansion of an existing
building and consolidation of existing properties consistent with the
Comprehensive Plan. Seconded by CM Scharber. All in favor. Motion carried.
B. Preliminary Plat.
CM Heidner motioned to approve a Preliminary/ Final Plat and site plans for
Anoka Equine subject to six conditions. Seconded by CM Scharber. All in favor.
Motion carried.
8.4. Wright -Hennepin CUP:
Dan Licht gave the Planner's report. Ron Wagner gave the Engineering report. Ron noted
he had inspected the site and found the wetland delineation accurate.
A. CUP for Electric Distribution Substation.
CM Scharber motioned to approve a CUP for an electric substation within an A-
1 District subject to nine conditions. Seconded by CM Stockamp. All in favor.
Motion carried.
f
City of Otsego Meeting of September 25, 2006. Page 7.
8.5. Comp Plan Amendment:
Dan Licht gave the Planner's report. Andy stated that Lefebvre's Attorney had the papers
right now to sign.
A. Amendment of the Comprehensive Plan regarding future
land uses northwest of CSAH 42 and 85"' Street.
CM Heidner motioned to approve Resolution 2006-72 amending the Future
Land Use Plan in based on a finding that the action is consistent with the
policies of the Comprehensive Plan. Seconded by CM Scharber. All in favor.
Motion carried.
8.6. Wildflowers Meadow Final PIS
Dan Licht gave the Planner's report. Ron Wagner gave the Engineering report.
CM Heidner motioned to approve a final plat for Wildflowers Meadow
consisting of three outlots subject to the following six conditions adding
Temporary to Item 3. Seconded by CM Scharber. 4 in favor, Mayor Fournier
abstained. Motion carried.
9 Ron Wagner, City Engineer.
9.1._ 62nd Street Survey Report.
Ron Wagner gave the Engineering report. Charlie Christofferson, registered land
surveyor for Hakanson Anderson, reported on the survey of 62nd Street.
Gerard Zachman, 6194 Oakwood, said that the 62nd St keeps getting wider. He thinks it
only should be 16 feet wide. Mike Robertson said that Brad Belair, Public Works Director
would like standard sized gravel roads at 22 feet wide with ditches. Council carried this
over to the next agenda.
9.2. Consider awarding Otsego West I-94 Industrial Park
Improvements.
Ron Wagner went over the nineteen bids received. Ron recommends approving the low
bid of GL Contracting at $571,669.00.
Mayor Fournier motioned to approve Otsego West I-94 Industrial Park
Improvements to GL Contracting in the amount of $571,699. Seconded by CM
Stockamp. Four in favor, CM Scharber abstained. Motion carried.
9.3. Change Order No.2 to Dresel for CSAH 42 reconstruction in the
amount of $17,306.00.
Ron Wagner went over the Change Order for CSAH 42 from Dressel.
CM Scharber motioned to approve Change Order #2 to Dressel in the amount
of $17,306. Seconded by CM Heidner. All in favor. Motion carried.
City of Otsego Meeting of September 25, 2006. Page 8.
9.4. Resolution for setting Assessment Hearing for Quaday.
Ron Wagner went over resolution No. 2006-73 Ordering Hearing on Proposed Assessment
for Quaday Ave. Date set for October 30"', 2006.
Mayor Fournier motioned to adopt Resolution No. 2006-73 Assessment hearing
for Quaday Ave with time change to 7:00 PM. Seconded by CM Thorsted. All in
favor. Motion carried.
9.5. Grenins Mississippi Hills 2"d Addn.- moved to 6.0
9.6. Signal lights.
City Engineer Ron Wagner gave update signal lights on Cty Roads 39/42.
9.7. East Water Tower.
CM Scharber wanted to know what work was being done on the East Water Tower. Ron
replied that Nextel is putting up an antenna on the Water Tower.
10. Andrew MacArthur. City Attorney.
11. Council Items.
11.1. Scharber & Sons Invoice for thermostat.
CM Stockamp motioned to approve. Seconded by Mayor Fournier. All in favor.
Motion carried, 4-0. CM Scharber abstained.
12. Mike Robertson, City Administrator.
Mike Robertson updated Council on the first week of city hall taking over water billing
which went very well.
13. Judy Hudson, Cly Clerk.
Nothing.
14. Adjoum by 10 PM.
CM Scharber motioned to adjourn meeting at 10:56 pm. Seconded by CM
Stockamp. All in favor. Motion carried.
Mayor Larry Fournier
ATTEST:
Tami Loff, Administrative Assistant