06-28-04 CCj ITEM
OTSEGO CITY COUNCIL MEETING
OTSEGO CITY HALL
JUNE 28, 2004
6:30 PM
3_7
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, Virginia
Wendel, Jerry Struthers and Dan Scharber.
Staff: Mike Robertson, City Administrator; Judy Hudson, City Clerk/Zoning
Administrator; Dan Licht,. City Planner and Ron Wagner, City Engineer; Andrew
MacArthur, City Attorney arrived at 7:17 PM.
Pledge of Allegiance: Mayor Fournier led in the Pledge of Allegiance.
2 Consider agenda approval.
Mayor Fournier requested to remove Item 5.9 from the Consent Agenda to Item 7.3. CM
Heidner requested to add under Item 7.4. 85`x' and Page Avenue Project. CM Scharber
requested to remove Item 5.4. From the Consent Agenda to Item 7.5. Mike Robertson
requested to add under Item 9.3. Ground Breaking for Holiday Inn and Water Park.
CM Heidner motioned adoption of the Agenda as amended. Seconded by CM
Scharber. All in favor. Motion carried.
3 Consider the following minutes
3.1. June 14 2004 City Council Meeting.
Mayor Fournier noted on Page 4 the motion under Item 7.5. should read accepting rather
than acceding resolution accepting feasibility report.
CM Wendel motioned to accept minutes as amended. Seconded by CM Scharber.
All in favor. Motion carried.
4 Open Forum: (5 minute limit)
Sharon Carter, Heritage Preservation Commission (HPC) requested to reserve time under
Item 6.2.
5. Consent Agenda. (Non -controversial items).
5.1. Approve Claims List.
5.2. Approve Pay. �Request #7 to Rice Lake Construction Group for
$694,510.80 for West WWTP.
5.3. Approve Resolution for VFW for a One Day Gambling Permit for
Paddlewheels and gull -tabs for August 7, 2004.
5.4. Removed to Item 7.2.
5.5. Approve Pay request #9 to Traut Wells for $35,145.84 Wells #4 and #5.
5.6. Approve Pay Request #1 to Automatic Systems Company for $32,686.01
for Well #6 Electrical Controls and SCADA System.
5.7. Approve Pay Request #2 to Traut Wells for $38,047.50 for Well #6.
5.8. Approve Pay Request #10 to Encomm for $38,311.08.
City Council Meeting of June 28, 2004. Page 2.
5.9. Removed to Item 7.4.
CM Scharber motioned to adopt the Consent Agenda with Items 5.4 and 5.9
removed. Seconded by CM Wendel. All in favor. Motion carried.
6. Dan Licht, City Planner.
6.1. Final Plat for Prairie Oaks
Dan Licht presented the Planner's Report. Ron Wagner presented the Engineering
Report. Scott Rodby, applicant, said that Brad Pauman is now the developer.
CM Struthers motioned to approve the Prairie Oaks Final Plat, subject to the five
conditions listed in the Planner's Report. Seconded by CM Heidner. All in favor.
Motion carried.
6.2. Consider Bids for McDonald/Peavey House Analysis
Mike Robertson reviewed this request and went over the bids. Sharon Carter, HPC,
questioned the need for this study as she feels there is already historical value. Mayor
Fournier explained the City wants to know if this structure is actually historic or has been
remodeled too much. Dan Licht noted that the City needs a professional opinion in order
to designate the property as historic. CM Struthers questioned how much more
information can they get that hasn't already been received. Ron Black said the HPC letter
of April 17, 2004 asked for the Peavey House and the land around it be designated as
historical. CM Scharber questioned what will be looked at. Dan Licht said the
architecture, the significance to the community, and how it was developed. CM Scharber
feels that the City already knows all the information about this site. CM Heidner
wondered if this site had any historical and architectural significance and expects this
report may explain this.
Mayor Fournier motioned to award the bid for Proposal for Historic Preservation
Service for the McDonald/Peavey House Evaluation to Robert C. Vogel and
Associates for $800.00. Seconded by CM Wendel.
Voting For the Motion: Mayor Fournier, CM Heidner, CM Wendel and CM
Struthers.
Voting Against the Motion: CM Scharber
Motion carried four (4) to one (1).
Mr. MacArthur arrived at this point.
6.3. Anel Acres (tabled from 04-26-04):
A. Rezoriing_from A-1 District to R-4 Residential -Urban Sinale
Family District.
B Preliminary Plat to develop 3 single family lots.
C. Variance to allow a setback from the bluff line less than 30 feet.
Dan Licht presented the Planner's Report.
CM Heidner motioned to deny the application for a variance from the bluff setback
requirement based on a finding that the request is not consistent with the
Comprehensive Plan or criteria of the Zoning Ordinance for approval of a variance.
Seconded by CM Struthers. All in favor. Motion carried.
City Council Meeting of June 28, 2004. Page 3.
CM Heidner motioned to deny the application for a Zoning Map amendment based
on a finding that the 'request is not consistent with the Comprehensive Plan.
Seconded by CM Wendel., All in favor. Motion carried.
CM Heidner motioned to deny the application for the Preliminary Plat based on a
finding that the request is not consistent with the Comprehensive Plan, Zoning
Ordinance and Subdivision Ordinance. Seconded by CM Struthers. All in favor.
Motion carried.
6.4. Consider Peddler's Ordinance
Dan Licht presented the Planner's Report.
CM Heidner motioned to adopt the Peddler's Ordinance removing item 7-10-3.f.
Seconded by CM Struthers. All in favor. Motion carried.
7. Ron Wagner, City Engineer.
Avenue.: .
CM Heidner motioned to approve Resolution 2004-42, and the contract for the
commissioner of Transportation be appointed as agent of the City of Otsego to
accept federal aid funds :which may be made available for eligible transportation
related projects. Seconded by CM Scharber. All in favor. Motion carried.
7.2. Approve Final Payment to Liberty Construction for $20,459.44 for School
Park and: Prairie Park.
Mike Robertson recommended not to pay this as the work is not complete.
CM Heidner motioned not to pay the Final Payment to Liberty Construction.
Seconded by Mayor Fournier. All in favor. Motion carried.
7.3. 85`h Street and Page Avenue Project.
CM Heidner reported there are places where the grass isn't growing because there is not
enough top soil and also that the survey stakes were not replaced. Ron Wagner explained
that survey stakes are not replaced where there weren't any to begin with. He will ask
the contractor what they can do for top soil and seed.
7.4. Approve Pay Request #1 to E H Renner and Sons, Inc. for $91,640.90
For Prairie Park Irrigation Well.
CM Scharber questioned paying this payment when all the clean up work hasn't been
completed. Mr. Wagner said the cleanup was delayed because the ground was too wet
and noted there is a $7,000 retainage left. He also recommended to the Council to install
a 8 foot fence around the well and electrical box. The Council agreed.
CM Scharber motioned 'to approve Payment #1 to E. H. Renner and Sons for
$91,640.90. Seconded `by CM Struthers. All in favor. Motion carried.
CM Scharber also noted that the conditions of the CUP for T -Mobile haven't been met.
Mr. Licht will send a letter to Charter Communications.
City Council Meeting of June 28, 2004. Page 4.
8. Andrew MacArthur, City Attorney.
8.1. Waterfront East Development Agreement
Mr. MacArthur is waiting to hear from the Developer.
8.2. Set Assessment Hearing for 87th & OBrian Improvement
CM Heidner motioned to adopt Resolution 2004-43 directed the City Clerk and City
Engineer to prepare ;a proposed assessment for the cost of improving O'Brian
Avenue, Project COP 03-11 for a Public Hearing on August 9, 2004 at 6:30 PM.
Seconded by CM Struthers. All in favor. Motion carried.
9. Council Items:
9.1. Consider Establishing a Park Shelter Reservation Process
Mike Robertson discussed.the Park Board's request with Council. The Council directed
staff to prepare a Park Shelter Reservation Policy for Council review to be implemented as
of January 1, 2005.
9.2. Consider appointments of Planning Commission Members:
A Doug Hackman from 1' Alternate to replace Ken Fry.
B Tammie Fallon from 2nd Alternate to replace Carl Swenson.
CM Heidner motioned to appoint Doug Hackman and Tammie Fallon to replace
Carl Swenson and Ken Fry. Seconded by CM Struthers. All in favor. Motion
carried.
CM Struthers motioned 4o appoint Troy Watring as second alternate. Seconded by
CM Heidner. All in favor. Motion carried.
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10. Mike Robertson, City Administrator.
Mike reminded everyone of the Holiday Inn/Water Park ground breaking on Thursday at
11 AM. !
Mike also showed the City Council the MnDOT Plan for Hwy 101 and CSAH 42 that the
Darkenwald Family and:MnDOT have tentatively agreed to. The consensus of the
Council was that they support this plan.
CM Struthers asked Mike to check if any of the recent dog bites had resulted in a
dangerous dog classification.
11. Judy Hudson, City Clerk.
No updates.
12. Adjourn by 10 PM.
CM Struthers suggested an Alarm System installed at Old City Hall.
City Council Meeting of June 28, 2004. Page 5.
CM Scharber motioned to adjourn. Seconded by CM Wendel. All in favor.
Motion carried.
Meeting adjourned at 8:39: PM.
ayor L Fournier
ATTEST: (-� I I L � I I k&Y\
Ju uds n, e&Z- oning Administrator
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