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06-12-06 CCOTSEGO CITY COUNCIL MEETING OTSEGO CITY HALL JUNE 12, 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; Judy Hudson, City Clerk/Zoning Administrator; Brad Belair, Public Works Director; Andrew MacArthur, City Attorney; Dan Licht, City 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 add under Item 8.4. Set a Special City Council Meeting for June 19, 2006; move Item 5.6. under Item 9.3.; under Item 9.4. add Resolutions 2006-40 and 2006-41. Mike Robertson requested to add under Item 11. 1. Letter from State Auditor. CM Stockamp motioned to adopt the agenda as amended. Seconded by CM Thorsted. All in favor. Motion carried. 3. Consider the following minutes. 3.1. May 22, 2006 City Council Meeting. Mayor Fournier noted on Page 3., Item 8.4. should state Council rather than County. CM Scharber motioned to approve the minutes as amended. Seconded by CM Stockamp. CM Heidner abstained (absent). Motion carried. 4. Open Forum: (5 minute limit) 4.1. Rose Cassidy Re: Otsego Festival. The Chair of the Festival Committee, Rose Cassidy, updated the Council on progress of The 2006 Otsego Festival which will be held on September 16, and asked for a $4,000 donation. Mayor Fournier motioned to donate $4,000 to the 2006 Otsego Festival. Seconded by CM Thorsted. All in favor. Motion carried. Jeff Ridlehoover, 8077 Padgett Avenue NE, addressed the Council with his concerns that the dewatering that was done in Crimson Ponds West has drained out the water in the wetlands in his neighborhood. He and his neighbors are concerned that the water will not come back into the wetlands. Ron Wagner explained that the dewatering pumps have been off for two months and that once there is enough rain, the wetlands and stormwater ponds will be restored. Mike Robertson agreed that also noted this has been a dry spring. Mr. Ridlehoover wanted to know what the City would do if the water doesn't come back. City Council Meeting of June 12, 2006. Page 2. Mayor Fournier said that if there isn't any water in the wetland by fall, he would support turning on the hydrants to fill them. Ron Wagner noted it would take a long time to fill the wetland from the City Water System. Sandy Michelson who was attending the City Council Meeting as a representative of the Police Commission. She said that she lives in a DR Horton development and contractors are working up to 8 PM. Dan Licht said he would check into this. 5. Consent Agenda. (Non -controversial items). 5.1. Approve Claims List. 5.2. Received April 27, 2006 Heritage Commission Meeting Minutes. 5.3. Received May 15, 2006 Planning Commission Meeting Minutes. 5.4. Received May 10, 2006 Park & Rec Meeting Minutes. 5.5. Approve Traffic Control Agreement with MnDOT. 5.6. Removed to Item 9.4. 5.7. Approve the following new License for Liquor Licenses: A. Holiday Inn & Wild Woods Water park 1. 3.2 Liquor License 5.8. Approve Pay Estimate #2 to Dave Perkins Contractor Inc. for $441,067.90. 5.9. Approve Pay Estimate #1 to Hennen Construction Co. for $463,378.41. 5.10. Approve Change Order #4 to Bonestroo for Otsego East WWTF in the amount of $12,436. 5.11. Approve Pay Request #15 to Bonestroo for Otsego East WWTF in the amount of $224,584.00. CM Heidner motioned to approve the Consent Agenda. Seconded by CM Scharber. All in favor. Motion carried. 6. Public Works. 6.1. Project update. Brad Belair updated the Council on the Public Works Projects. 6.2. Gravel Road Report Brad reported that he will be buying the gravel from Norin Landing and this will save the City about $2.00 per ton with the City hauling. 6.3. Employee Update Brad reported that Pat Lauderville has completed his probation period. The Council supported Brad's recommendation for a $.50/hour increase for Pat Lauderville, Ryan Donnay and Steve Springer. 7. Dan Licht City Planner. 7.1. Northdale Construction: A. CUP to allow outdoor storage within an I-2 District. Dan Licht presented the Planner's Report. Ron Wagner went over his Engineering items which included the extension of sewer. The applicant, Jim Strecker, Kinghorn City Council Meeting of June 12, 2006. Page 3. Construction stated they agree with all the conditions and also noted they would like city sewer and water. CM Heidner motioned to approve site and building plans and a CUP allowing for construction of a new office and warehouse building with outdoor storage located on Lot 1, Block 2, Otsego I-94 Industrial Park, subject to the nine conditions listed in the Findings of Fact. Seconded by CM Stockamp. All in favor. Motion carried. CM Heidner motioned to direct the City Engineer to prepare a Feasibility Study for Water and Sewer Improvement to the I-94 Industrial Park. Seconded by Mayor Fournier. All in favor with CM Scharber abstaining. Motion carried. Council directed staff to prepare an informational meeting for those affected. 7.2. Richard Powell: A. CUP for a second driveway to a single family lot within an R-3 District. Dan Licht presented the Planner's Report. Mr. Wagner presented the Engineering Report. CM Heidner motioned to approve a CUP allowing a second driveway located at 9110 Ochoa Circle NE subject to the two conditions listed in the Findings of Fact adding a third condition to have the City engineer stake the culvert for correct placement. Seconded by CM Thorsted. All in favor. Motion carried. 7.3. Scott Grupa: A. CUP to allow the redevelopment of a non -conforming lot of record with a single family home. Dan Licht presented the Planner's Report. CM Heidner motioned to approve a CUP and preliminary/final plat allowing redevelopment of a non -conforming lot of record subject to the four conditions. Seconded by CM Scharber. All in favor. Motion carried. 7.4. Duke Realty: A. Zoning Map amendment rezoning portions of the subject site from A-1 District to I-2 District. B. Alternative Urban Area wide Review (AUAR) C. PUD-CUP/Preliminary Plat and Final Plat for Gateway North to allow phased development of 1.2. million square feet of office/warehouse uses. Dan Licht presented the Planner's Report. Ron Wagner presented the Engineering Report. The applicant, David Blade of Duke Realty, noted there will be 1.4 million square feet of development and agrees with all the conditions. CM Heidner motioned to approve a Zoning Map amendment rezoning portions of Block 1 of the Gateway North Preliminary Plat from A-1 District to I-2 District based on a finding that the action is consistent with the Comprehensive Plan. Seconded by CM Scharber. All in favor. Motion carried. City Council Meeting of June 12, 2006. Page 4. CM Heidner motioned to approve a PUD-CUP/Preliminary Plat and Final Plat for Gateway North, subject to the nine conditions listed in the Findings of Fact. Seconded by CM Stockamp. All in favor. Motion carried. 8. Ron Wagner, City Engineer. 8.1. Project update. Ron Wagner went over CSAH 42 Water And Sewer; Force main along Hwy 101; seal coating; Kadler Avenue Force Main; Quaday Avenue, which has been completed; VFW Parking Lot and frontage road in the former Tom Thumb area. 8.2. Update on Wokson Hills Drainage Issues Ron Wagner went over what has been done in this area which has been cleaning of the pipes. He also went over what still needs to be done. Mike Robertson said that staff met with the businesses in this area and everyone was supportive except that Metro Home Insulation wanted to talk to their attorney. Mr. Robertson said that this expense could come out of the Capital Improvement fund. 8.3. Consider awarding CSAH 42 Improvement Project Mr. Wagner went over the bids with Dressel coming in with the lowest bid. He requested that this be tabled until June 19, 2006 because Target will have had their meeting by then to give the final go with their project. Mayor Fournier motioned to set a Special Meeting for June 19, 2006 at 6 PM. Seconded by CM Heidner. All in favor. Motion carried. CM Heidner motioned to table the awarding of the bid for CSAH 42 Improvement Project until the June 19, 2006 Special City Council Meeting. Seconded by CM Stockamp. All in favor. Motion carried. 9. Andrew MacArthur City Attorney. 9.1. Agreement with Ryan Company. Mr. MacArthur went over the Agreement. CM Heidner motioned to approve the City entering into this Agreement with Ryan. Seconded by CM Scharber. All in favor. Motion carried. 9.2. Agreement with Duke. CM Scharber motioned to table this decision. Seconded by CM Heidner. All in favor. 9.3. 5.6. Payment #1 to Kue Contractors $37,050 for PW Building_ Mr. MacArthur said he discussed this payment with Jeff Oertel and recommended approval. CM Scharber motioned to approve Payment #1 to KUE payment for $37,050. Seconded by Mayor Fournier. All in favor. Motion carried. 9.4. Resolutions on liquor violations Mr. MacArthur went over the violations and resolutions. Tim Phillips, Riverview Liquorette, said the error was on their part. They haven't been able to attend the Wright County Training because they are so busy in November and hoped that the training would be given in February or March when it is slower for their business. City Council Meeting of June 12, 2006. Page S. Chris Bulow, Vintage Golf, stated his Assistant Manager didn't ask for ID and if it happens again the employee will be terminated. He said they have added all the information from the Wright County into their employee manual. Chris stated support for training and will go to the County training. Mayor Fournier motioned to adopt Resolution 2006-40 imposing a civil penalty of $250.00 on Vintage Golf Course. Seconded by CM Heidner. Voting for the motion: Mayor Fournier, CM Heidner, CM Scharber and CM Stockamp. Voting Against the motion: CM Thorsted. Motion carried four (4) to one (1). CM Heidner motioned to adopt Resolution 2006-41 imposing a civil penalty of $250.00 on Riverview Liquorette. Seconded by CM Stockamp. Voting for the motion: Mayor Fournier, CM Heidner, CM Scharber and CM Stockamp. Voting Against the motion: CM Thorsted. Motion carried four (4) to one (1). CM Scharber motioned to direct staff to update the liquor ordinance with a Penalty Schedule and mandatory training. Seconded by CM Stockamp. All in favor. Motion carried. 10. Council Items. 10.1. Personnel Manual Revision. The Council would like the Personnel Manual to address reimbursement to employees for training and education and for no reimbursement for part-time employees but consideration of increase in pay. CM Thorsted motioned to give part-time employee Steve Springer a fifty cent/hour increase. Seconded by Mayor Fournier. All in favor. Motion carried. 10.2. Approve Letter regarding Street Realignment at Jaber and Jalger Avenues CM Heidner motioned for Mayor Fournier to send a letter to Monticello Township stating the City decided not to realign Jaber Avenue and Jalger Avenue since Monticello Township objects and maintenance will continue as is. Seconded by CM Scharber. All in favor. Motion carried. 10.3. Initiative Foundation reguest. CM Scharber motioned not to donate any money. Seconded by CM Thorsted. All in favor. Motion carried. 10.4. Appoint Community Center Committee Mike Robertson said that he, Mayor Fournier and CM Heidner met with representatives from Albertville and they had discussed a joint community center. CM Heidner motioned to appoint CM Stockamp and CM Thorsted to a joint Otsego/Albertville Community Center Committee. Seconded by CM Scharber. All in favor. Motion carried. City Council Meeting of June 12, 2006. Page 6. 11. Mike Robertson, City Administrator. 11.1. Letter to State Auditor Patricia Anderson Mike went over his proposed letter to the State Auditor basically saying that the City disagrees with their method of calculation. CM Scharber motioned to send the letter to the State Auditor. Seconded by CM Thorsted. All in favor. Motion carried. 11.2. Other items. Mayor Fournier questioned the request from Cindy Rosen for repair to her vehicle tire because of hitting a pot hole as the City hasn't paid for these repairs in the past. Ron Wagner said that at no point was there an open hole in the street per his inspectors. The Council would like to see pictures and have this on the next City Council Meeting. Mayor Fournier also questioned the check issued to employee Dave Castle for reimbursement of supplies. Mike Robertson explained this was for repair of bathroom plumbing. The Council agreed to use an outside plumber for any future repairs. 12. Judy Hudson, City Clerk. 12.1. Closed Meeting Attorney/Client privilege. CM Scharber motioned to close the City Council Meeting at 10:14 PM. Seconded by CM Stockamp. All in favor. Motion carried. CSAH 42 Easements Mayor Fournier motioned to accept the City Attorney's recommendations. Seconded by CM Heidner. All in favor. Motion carried. Faye Jacobs CM Heidner motioned to accept the City Attorney's recommendation. Seconded by CM Stockamp. All in favor. Motion carried. Former Baptist Church property. CM Heidner motioned to accept the City Attorney's recommendation. Seconded by Mayor Fournier. All in favor. Motion carried. CM Scharber motioned to close the Closed Meeting at 10:40 PM. Seconded by CM Thorsted. All in favor. Motion carried. CM Scharber motioned to re -open the City Council Meeting at 10:41 PM. Seconded by CM Stockamp. All in favor. Motion carried. 13. Adjourn by 10 PM. Ron Wagner showed the City Council the LandCor Design for sidewalks in Waterfront East. The Council rejected the design and asked for one with more of a downtown look. CM Scharber motioned to adjourn. Seconded by Mayor Fournier. All in favor. Motion carried. City Council Meeting of June 12, 2006. Page 7. Meeting adjourned at 10:50 PM. Mayor Larry Fournier ATTEST: Judy Hudson, City Clerk/Zoning Admin.