08-23-04 CCOTSEGO CITY COUNCIL MEETING
AUGUST 23, 2004
6:30 PM
1. Mayor Larry Fournier will call the meeting to order.
Mayor Fournier called the meeting to order at 6:32 pm.
Roll Call: Mayor Larry Fournier, Councilmembers: Vern Heidner, Virigina
Wendel, Jerry Struthers and Dan Scharber.
Staff. Mike Robertson, City Administrator; Andrew MacArthur, City Attorney;
Dan Licht, City Planner; Ron Wagner, City Engineer; and Karee Rowell, Deputy
Clerk.
Pledge of Allegiance: Mayor Fournier led in the Pledge of Allegiance.
Mayor Fournier welcomed all the candidates for the Little Miss and Mr. Otsego
Festival.
2. Consider agenda approval.
Mayor Fournier requested to add Item 4.0. Introduction of Little Miss and Mr.
Otsego candidates and also asked to move 5.2. to 7.0. Sewer Backup Insurance,
move 5.3. to 7.1 Change Order No. 3. and add 7.3 Lefebvre Creek. Dan Licht
requested to have 6.1. Mississippi Cove removed. Andy MacArthur requested to
move 8.1. Closed Meeting to the end of the meeting.
CM Heidner motioned adoption of agenda as amended. Seconded by CM
Scharber. All in favor. Motion carried.
3. Consider the following minutes
3.1. City Council/Planning Commission August 2, 2004 Workshop.
CM Wendel motioned to accept the minutes as written. Seconded by CM
Struthers. Abstained: CM Heidner and CM Scharber as they were absent
from the meeting. Motion carried 3-0 with two abstentions.
3.2. City Council Meetingof f August 9, 2004.
Mayor Fournier requested a correction on Page 1, September 11, 2004 should be
September 12, 2004.
CM Scharber motioned to accept the minutes with the correction. Seconded
by CM Wendel. All in Favor. Motion carried.
3.3. OBrian and 87h Street Public Hearing.
CM Heidner motioned to accept minutes as written. Seconded by CM
Scharber. All in favor. Motion carried.
4. Open Forum: (5 minute limit)
Mary Baker of Otsego Women of Today introduced the reigning Little Miss
Otsego Alyssa Walton and Mr. Otsego Collin Dahlman. All other candidates
were introduced to the City Council and Staff.
City Council Meeting of August 23, 2004. Page 2.
4.1. Consider City Assessor Contract.
Mike Robertson went over the contract for the City Assessor and it will be the
same price per parcel as last year. Andy MacArthur wanted the retro active clause
changed.
CM Struthers motioned to approve the City Assessor Contract with the
correction. Seconded by CM Wendel. All in favor. Motion carried.
Rose Cassady gave an update on the festival. The electrical outlets will be
installed this week.
Cheryl Pratt - 8274 Oakwood Ave. stated she is having problems with broken
down cars. She would like to get an extension on coming into compliance with the
City Ordinances. The Council agreed to give her until September 156' only if the
junk on her property is removed by August 30t` and the rest must be done by the
15`h of September.
5. Consent Agenda. (Non -controversial items).
5.1. Approve Claims List.
5.2. Approve No Fault Sewer Backup Insurance - Moved to 7.1.
5.3. Approve Change Order No. 3 for $3,693.00 to Rice Lake Construction
Group - West Treatment Plant - Moved to 7.2.
5.4. Approve Pay Estimate No. 2 for $96,476.30 to Barbarossa for
Lift Station No. 3.
5.5. Approve Pay Estimate No. 1 for $122,255.98 to Allied Blacktop for
2004 Street Maintenance.
5.6. Approve Pay Estimate No. 2 for $12,853.50 to Dennis Fehn for the
Lefebvre Creek Ditch Construction.
CM Scharber motioned to adopt the Consent Agenda with the exception with
5.2. and 5.3. Items. Seconded by Wendel. All in favor. Motion carried.
6. Dan Licht, City Planner.
6.1. Final Plat for Mississippi Cove.
This item was removed.
6.2. Administrative Code Enforcement.
Dan Licht presented his Planner's Report. Andy MacArthur noted that since the
Council was part of the appeal process they should not discuss individual cases.
Dan Licht was wondering about doing inspections by areas rather than responding
to complaints. The Council stated responding to complaints is the policy.
7. Ron Wagner, City Engineer.
Ron Wagner reported his conversation with Charter Communications/Bresnan
Telecommunications regarding the property at Cty Rd 37 & Odean Avenue NE.
They will be pulling all 8 poles and do the mowing.
City Council Meeting of August 23, 2004. Page 3.
7.1 Sewer Back Up Coverage - Mike Robertson explained insurance coverage for
sewer back up. It will have 100% coverage and be limited to 10,000.00 per home.
The funding will come from the sewer and water fund.
CM Struthers motioned to approve of the No Fault Sewer Back up Insurance
Coverage. Seconded by CM Heidner. All in favor. Motion carried.
7.2. Change Order #3, Rice Lake Construction, West Sewer Plant $3,693.00.
Change order is for anchoring the generator by using more concrete than the
original bid called for. Mayor Fournier requested Mike Robertson get more
information for the change order.
7.3. Lefebvre Creek - Ron Wagner checked into a complaint about the creek and
discovered that Gil Darkenwald was cleaning out the ditch causing discolored
water. He was trying to clear the area for a Walleye fishery. DNR stopped the
operation because it was affecting a wet land. They will be meeting to resolve
this.
7.4. Other Engineeringquestions- CM Scharber asked about 85`" and Page. Ron
Wagner said Dressel has taken care of the problems and would like the pay
estimate back on the next agenda.
8. Andrew MacArthur, City Attorney.
8.1. Ouaday Avenue Easement Agreements. City Attorney requests a Closed
Meeting under Attorney -Client Privilege for settlement discussion.
8.2. Setting a Public Hearing for the Tom Thumb Area Public Improvements.
Request for sewer and water and to have the service road redone. Bob Fields of
LandCor, said Goodyear is the one who wants to change the road. CM Heidner
said they should talk to the land owners.
Mayor Fournier motioned to set a public hearing for the Tom Thumb area
improvements for Monday, November 8, 2004 at 6:00 pm. Seconded by CM
Heidner. All in favor. Motion carried. Also the Council instructed the Wright
County Sheriff's Deputies to ticket anyone who parks a vehicle for sale in the
Tom Thumb parking lot.
8.3. Request for Sheils Building Development Fees to be assessed. Andy
MacArthur said they would have to amend the developers agreement.
CM Heidner motioned to assess Mr. Sheils property for seven years as the
other companies on the Waterfront West and to amend the Developers
Agreement. Seconded by CM Struthers. All in favor. Motion carried.
9. Council Items:
9.1. Consider Appointment to the Police Commission
CM Heidner motioned to appoint Philip Larsen to the Police Commission.
Seconded by Mayor Fournier. Carried 4-1, CM Struthers opposed.
City Council Meeting of August 23, 2004. Page 4
CM Struthers noted the I-94 Chamber of Commerce book does not list the Police
Commission meetings and the Commission would like a copy of the Monthly
Sheriff's report. CM Struthers will instruct the police commission to work on
the on street parking ordinance. Mayor Fournier asked if the September 1st
meeting could be moved to a later date. CM Struthers will ask the Police
Commission.
10. Mike Robertson, City Administrator.
10. 1. Set Interviews for Street Supervisor position.
Mike Robertson said the City received 24 applications and 17 have some
municipal experience. The Public Works Committee set up a time for August 26,
2004 at 3: 00 pm to look over the applicants and set up interviews. The City
Council will meet on September 9h at 5:00 pm to interview the applicants and if
necessary September 16'', 2004 at 7:00 pm.
10.2. Consider Change Order for Tennis Court in Lily Pond Park.
Mike Robertson discussed the petition requesting a tennis court instead of a
volleyball court.
Mayor Fournier motioned to have a tennis court placed there instead of a
volleyball court. Seconded by CM Heidner. All in favor. Motion carried.
The Park Board will get a copy of the change order.
8.1. City Attorney and Client Closed meeting.
CM Struthers motioned to close the meeting at 8:18 pm. Seconded by Mayor
Fouriner. All in favor. Motion carried.
CM Struthers motioned to reopen the meeting. Seconded by CM Wendel.
Meeting reopened by 8:38 pm.
Mayor Fournier motioned to make a purchase offer at the Bid appraisal
price. Seconded by CM Heidner. All in favor. Motion carried.
12. Adjourn by 10 PM.
CM Scharber motioned to adjourn at 9:09 pm. Seconded by CM Wendel.
AU in favor. Motion carried.
Larry
Rowell, Deputy Clerk