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09-12-05 CCITEM 3_1 OTSEGO CITY COUNCIL MEETING OTSEGO CITY HALL SEPTEMBER 12, 2005 At 6:30 PM 1. Mayor Larry Fournier will call the meeting to order at 6.33 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; Andy MacArthur, City Attorney; Ron Wagner, City Engineer. Pledge of Allegiance: Mayor Fournier led in the Pledge of Allegiance. 2. Consider agenda approval. Mayor Fournier requested to move Item 5.2. 2005 No Discharge Map to 10.4. and Mike Robertson requested to add Item 10.5. Elk River School District #728 Land Purchase. CM Heidner motioned adoption of the agenda as amended. Seconded by Dan Scharber. All in favor. Motion carried. 3. Consider the following minutes. 3.1. City Council Minutes of August 22 2005 CM Heidner motioned adoption of. August 22, 2005 Council Minutes. Seconded by CM Scharber. All in favor. Motioned carried. 3.2. City Council Workshop Minutes !of August 16 2005 CM Stockamp motioned adoption of August 16, 2005 Council Workshop Minutes. Seconded by CM Scharber. All in favor. Motion carried. 3.3. City Council Workshop Minutes & August 23 2005 CM Scharber motioned adoption of August 23, 2005 Council Workshop Minutes. Seconded by CM Stockamp. All in favor. Motioned carried. 4. Open Forum: (5 minute limit) Don Miller, 9695 Odean Avenue NE — He wanted to discuss the Youth Hockey Program which is established in Rogers. He stated they have buy ice in neighboring cities because they don't have an arena. Tom Bishop, 5031 Parrish Ave. NE — They are trying to get an arena built at Rogers High School and would like Otsego to contribute. If an arena was built could Youth Hockey staff it asked Mike Robertson. Mr. Bishop answered, "'No". Mike Robertson said everyone says that hockey is a money loser. Mr. Bishop stated that there are people that pay for ice time and he thought it could cash flow. He indicated that Youth Hockey was committed to raising hundreds of thousands of dollars for an arena. City Council Meeting on September 12, 2005. Page 2. Mr. Bishop said the City of Rogers will give the land for the arena and is looking for a cash contribution from Otsego. CM Heidner said in time Otsego will have a high school and if we build one will Rogers do the same for us. Mayor Fournier asked that they see what happens at the meeting with Rogers and set up a meeting with Otsego after that. M.E. Kallman of Bonestroo and Assoc. — He stated the East Waste Water Treatment Plant is on schedule. Gridor Construction wants to keep on schedule so they have added on more men. They are scheduled to complete the project late summer of next year. 5. Consent Agenda.(Non-controversial 'items). 5.1. Approve Claims List. 5.2. 2005 No Discharge Map. 5.3. Pay Request #6, Gridor Construction, $837,342.00. CM Scharber motioned to approve the amended Consent Agenda with the exception of 5.2. No Discharge Map. Seconded by CM Heidner. All in favor. Motion carried. 6. Public Works. 6.1. Review of Adopt -A -Park Policy. 6.2. Lily Pond Change Orders 7 & 8 for deduction of $2,633.92. CM Scharber motioned to approve Lily Pond Change Orders 7 & 8 for deduction of $2,633.92. Seconded by CM Stockamp. All in favor. Motion carried. 6.3. Final Payment - American Liberty - Lily Pond Park - $6,793.12. CM Scharber motioned to approve final payment to American Liberty of $6,793.12. Seconded by CM Thorsted. All in favor. Motioned carried. CM Scharber motioned to approve Damon Farber payment. Seconded by CM Stockamp. All in favor. Motion carried. 7. Dan Licht, City Planner. 7.1. Zimmer Farms Phase IV & Final Plat for Zimmer Farms 5th Addition A. Rezoning for Agriculture to R-6 ResidentialTownhouse, Quadraminium and Low Density Multiple Family District. City Council Meeting of September 12, 2005. Page 3 Dan Licht presented the Planner's report. Ron Wagner presented the Engineering report. Ron Wagner stated the cul-de-sac is off to the west and is different from what the engineer specifications state. Dave Klee with DR Horton and Fran Hagen with Westwood Professional Services replied the cul-de-sac is at a 45 grade and will do the changes that Ron Wagner suggested in his engineering report. CM Scharber motioned to approve a Zoning Map Amendment rezoning the proposed plat from A-1 District to R-6 District based upon a finding that the request is consistent with the Comprehensive Plan. Seconded by CM Thorsted. All in favor. Motion carried. CM Scharber motioned to approve the PUD-CUP/Preliminary Plat of Zimmer Farms Phase 4 and Final Plat of Zimmer Farms Stn Addition subject to the eight conditions. Seconded by CM Heidner. All in favor. Motion carried. 8. Ron Wagner, City Engineer. 8.1. Update on 70th Street. Mike Robertson, Ron Wagner and Dan Licht reviewed the issues from a recent meeting with Albertville staff. Mayor Fournier asked about a joint meeting with Albertville. Mike Robertson said we can write up something on 70t Street NE and meet with Albertville Council Members. CM Stockamp would like to see what they have to say and Mike Robertson will contact them with the dates the council supplies. The possible dates for the workshop are Wednesday October 26th, Wednesday November 2nd and Thursday November 3rd, all at 7:00 pm. 8.2. Update of Citescape. Ron Wagner presented his Engineering report. CM Heidner motioned to terminate Citescape lease agreement with the City. Seconded by CM Stockamp. All in favor. Motion carried. 8.3. Consider Resolution 2005-43 Approving Quote for SAH37/Quaday Avenue Bypass and Turn Lanes. .Ron Wagner presented his Engineering report. CM Stockamp motioned to approve the Resolution 2005-43 Accepting quotes for the SAH37/Quaday Avenue Bypass and turn lanes. Seconded by Mayor Fournier. All in favor. Motion carried. 8.4. Consider Change Order #1 & Pay Estimate #2 for Frontage Road Ron Wagner went over the Change Order and the Pay Estimate request. CM Heidner motioned to approve the change order and pay estimate. Seconded by CM Stockamp. All in favor. Motion carried. City Council Meeting of September 12, 2005. Page 4. 8.5. Consider Change Order #1 & Pay Estimate #2 for Quaday Ave. Ron Wagner went over the Change Order and Pay Estimate request. Dan Scharber asked where the money will be coming from. Mike Robertson said the funding is a combination of assessments, Federal funds, and road access fees. CM Scharber motioned to approve the change order and pay request. Seconded by CM Heidner. All in favor. Motion carried. 9. Andrew 'MacArthur, City Attorney. 9.1. Approval of Appraisal Contract for D & Y Properties. CM Heidner motioned to approve the appraisal contract for D & Y Properties. Seconded by Mayor Fournier. All in favor. Motion carried. 9.2. Public Hearing for Vacation of Outlots A and B, Kittredge Crossings 5th Addition Resolution 2005-42. Public hearing opened at 8:24 pm and after hearing no one the Public hearing closed at 8:24 pm. The issue was continued until the Kittredge 10th Addition can be discussed. 10. Council Items. 10.1. Set a Workshop to review Personnel Manual Changes. City Council set up a workshop to review the personnel manual on October 3, 2005 at 5:30 pm. 10.2. Set Preliminary 2006 Tax Levy. CM Heidner motioned to approve the Preliminary 2006 Tax levy. Seconded by CM Scharber. All in favor. Motion carried. 10.3. Set Truth -in -Taxation Hearing Date. CM Heidner motioned to set Truth -in -Taxation on December 5, 2005. Seconded by CM Scharber. All in favor. Motion carried. 10.4. 2005 No Discharge Map. CM Heidner motioned to take last year's map and to modify only the no discharge line from Highway 1`011 North side of County Road 37 to the River Road (Cty Rd 42). Seconded by Mayor Fournier. All in favor. Motion carried. 10.5. Elk River School Letter. CM Scharber suggested locating a City Park along side the School property. Dan Licht said the School is ;asking for $250,000.00. CM Heidner said we need to set up an agreement that we would share the equipment. CM Stockamp asked if the land could be as donated park land and Dan Licht said no because the 80 acres are all in one. The Council agreed to bring it up to the Park Commission. Andy MacArthur said we could own the park and the school has to put the equipment in it. City Council Meeting of September 12, 2005. Page S. 11. Mike Robertson, City Administrator 12. Karee Rowell, Deputy Clerk. 13. Adjourn by 9:00 PM. CM Scharber motioned to adjourn the meeting. Seconded by CM Stockamp. All in favor. Motion carried. Meeting adjourned by 9:00 PM. Mayor Larry Fournier Attest: Karee Rowell, Deputy Clerk