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07-12-04 CCITEM 3-1 OTSEGO CITY COUNCIL MEETING OTSEGO CITY HALL JULY 12, 2004 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: Virginia Wendel, Dan Scharber, and Vern Heidner. Staff. Mike Robertson, City Administrator; Karee Rowell, Deputy Clerk; Ron Wagner, City Engineer; and Dan Licht, City Planner. City Attorney Andrew MacArthur showed up at 7:11 pm. Pledge of Allegiance: Mayor Fournier led in the Pledge of Allegiance. 2. Consider agenda approval. Mr. Robertson requested to add 4.2. Paul Donna, Northland Securities Bid Bond; add under 7.4. Fence Bid, and add 7.5. Construction work hours. Mayor Fournier requested to add 9.1. Public Works Workshop. CM Heidner motioned to adopt agenda as amended. Seconded by CM Scharber. All in favor. Motion carried. 3. Consider the following minutes. 3.1. City Council Minutes, June 28, 2004 CM Wendel motioned to approve minutes. Seconded by CM Scharber. All in favor. Motion carried. 3.2. Joint Meeting Minutes, June 30, 2004 CM Scharber motioned to approve minutes. Seconded by CM Heidner. All in favor. Motion carried. Before open forum started Don Mass from the Maintenance Department came the council meeting. Mike Robertson mentioned the slide in the park has been vandalized. CM Scharber suggested they put up signs saying surveillance cameras are installed. 4. Open Forum: (5 minute limit) 4.1. 2003 Audit Presentation - Steve McDonald; Abdo, Eick, & Meyers Steve McDonald gave his presentation, noting that they had found no problems with city finances. 4.2. Paul Donna, Northland Securities Bid Bond. Paul Donna, Northland Securities, gave his presentation and announced to the that the City's Bond Rating has been upgraded from A3 to A2 and this is due to population growth, tax base growth, and the City's financial management. City Council Meeting of July 12, 2004. Page 2 CM Scharber motioned to award to low bidder Wells Fargo. Seconded by Mayor Fournier. All in favor. Motion carried. 5. Consent Agenda. (Non -controversial items). 5.1. Approve Claims List. CM Heidner motioned to approve the claims list. Seconded by CM Wendel. All in favor. Motion carried. 6. Dan Licht, City Planner, 6.1. Hempel Properties: A. PUD Development Stage Plan and Final Plat for Outlot A, Waterfront West 2°a Addition, to develop a 10,898 square foot retail building. Dan Licht presented the Planner's report. Ron Wagner presented the Engineering report. There were questions on the sanitary sewer connection. Jeff Wrede, Tushie Montgomery Architects, said they will have to shut down Quaday Avenue to connect the sanitary sewer line. CM Wendel asked how many doors will there be in each bay so in case of a fire people will be able to get out. Jeff Wrede answered that it meets fire code. CM Heidner asked about the loading dock and explained that Godfathers was told they had to have a loading dock. CM Heidner motioned to approve a PUD Development Stage Plan and Final Plat for Otsego Waterfront Retail, subject to the nine conditions in the Findings of Fact. Seconded by CM Scharber. All in favor. Motion carried. 6.2. Farr Development: A. PUD Development Stage Plans and Final Plats for Kittredge Crossings 5th and 6'h Additions. Dan Licht presented the Planner's Report. Ron Wagner presented the Engineering Report. Lucinda Gardner of Darrel Farr Development said she has hired Welsh Companies to market the commercial lots. Lucinda Gardner said she has no issues with the conditions. CM Wendel inquired about the garage sizes. Dan Licht replied they are 420 square feet, a two car garage. CM Scharber expressed concerns about driveway being too short. CM Wendel motioned to approve a PUD Development Stage Plan and Final Plat for 5th Addition subject to the eight conditions listed on the Findings of Fact. Seconded by CM Scharber. All in favor. Motion carried. CM Wendel motioned to approve a PUD Development Stage Plan and Final Plat for 6th Addition subject to the eight conditions listed on the Findings of Fact. Seconded by CM Scharber. All in favor. Motion carried. City Council Meeting of July 12, 2004. Page 3 6.3. Midwest Landscapes: A. Consideration of amending the Section 20-37-5.5a of the Zoning Ordinance regarding signs. Dan Licht presented the Planning Report. Ron Wagner addressed the drainage issues and stated there are two ponds on site. The ponding should take care of the storm water. Adam Zopfi of Midwest Landscape stated they are not putting up a new sign they are moving the old one. CM Scharber motioned to approve a Zoning Ordinance amendment to provide for limited business identification signage within agriculture districts as consistent with the Comprehensive Plan and the allowance of these types of uses in these zoning districts. Seconded by CM Wendel. All in favor. Motion carried. 7. Ron Wagner, City Engineer. 7.1. Vacation of a Drainage and Utility Easement for Outlot A, Waterfront West 2"d Addition. (Public Hearing continued from 06-14-04) 1 CM Scharber approved of the Resolution for Vacation of Drainage & Utility Easement for Outlot A, Waterfront West 2"d Addition. Seconded by CM Wendel. All in favor. Motion carried. 7.2. Consider Awarding Contract for MacIver Avenue Improvement Ron Wagner requested a Change Order for left hand arrow turn lane to cost under $100,000.00. CM Heidner motioned to approve Resolution No. 2004-44 for Construction of Improvement Project No. 04-03, MacIver Avenue Reconstruction and award it to Buffalo Bituminous for $2,558,910.34. Seconded by CM Scharber. All in favor. Motion carried. CM Heidner motioned to approve Resolution No. 2004-45 ordering the Improvement of MacIver Avenue NE. Seconded by CM Scharber. All in favor. Motion carried. 7.3. Change Order #3 85`h Street Improvement, Dresel Contracting, $7,133.10. CM Heidner motioned approve Change Order #3, 851h Street Improvement to Dresel Contracting. Seconded by CM Scharber. All in Favor. Motion carried. 7.4. Any other Engineering Business Mike Robertson informed Council that they received three quotes for putting up an eight foot fence around the well pump in Prairie Park and that Century Fence had been approved as the lowest bid. City Council Meeting on July 12, 2004. Page 4. 7.5. Construction Working Hours. Insignia Development and DR Horton would like the construction hours changed because they are behind on their project. CM Wendel motioned to change hours from Monday - Friday 6:00 am - 8:00 pm and Saturday 7:00 am - 6:00 pm. There will be no lights brought in and if any complaints are received they will change it back. Seconded by Mayor Fournier. All in favor. Motion carried. 5.2. Final PU Estimate 85h Street Improvement, Dresel Contracting $290,524.43. Mayor Fournier asked about the grass, ponding, and other things that need to be taken care of before giving final payment of $290,524.43. Also the culvert needs to be looked at and the east side of Page Avenue outside the bike path. CM Heidner motioned to release payment of $260,000.00 and hold out $30,534.43 for retainage. Seconded by CM Wendel. All in favor. Motioned carried. 8. Andrew MacArthur, City Attorney. 9. Council Items: 9.1. Any other Council Business A City Council workshop was set for July 19, 2004 at 7:00 pm to discuss hiring of a new maintenance superintendent. 10. Mike Robertson, City Administrator. 10.1. Discussion of 2005 Budget Process City Council set the following Budget meetings - Wednesday, August 4t' at 7:00 pm, Wednesday, August 18th at 7:00 pm, and Monday, August 30`h at 7:00 pm. 11. Judy Hudson, City Clerk. 12. Adjourn by 10 PM. CM Scharber motioned to adjourn at 9:07 pm. Seconded by Mayor F rnier. All ' avor. Motion carried. ayor Lr Fournier ATTEST: Kare Rowell, Iteplity Clerk