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09-13-04 CCOTSEGO CITY COUNCIL MEETING SEPTEMBER 13, 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: Vern Heidner, Virginia Wendel and Dan Scharber. Absent: Jerry Struthers. Staff Mike Robertson, City Administrator; Andrew MacArthur, City Attorney; Dan Licht, City Planner; Ron Wagner, City Engineer; Judy Hudson, City Clerk; and Karee Rowell, Deputy Clerk. Pledge of Allegiance: Mayor Fournier led in the Pledge of Allegiance. 2. Consider agenda annroval. Mayor Fournier requested to move 5.6. Administrative Code Enforcement Hearing to 8.0., add 6.3. Public Works Building Site, add 7.3. MPCA; add 7.4. Midwest Landscape Drainage problem and 7.5. Sound Study on Quaday Avenue NE. CM Heidner motioned adoption of agenda as amended. Seconded by CM Scharber. All in favor. Motion carried. 3. Consider the following minutes. 3.1. August 23, 2004 City Council Meeting Minutes. CM Wendel motioned to accept the minutes as written. Seconded by CM Heidner. All in favor. Motioned carried. 3.2. August 4, 2004 Budget Workshop. CM Wendel motioned to accept the minutes as written. Seconded by CM Scharber. All in favor. Motion carried. 4. Open Forum: (5 minute limit) 4.1. Special Presentation: Consider Approval of Highway 101 Right -of -Way Agreement with D&Y Partnership Andrew MacArthur went over the agreement with the Darkenwalds. CM Heidner motioned to approve Resolution 2004-61 agreement between the City of Otsego and D&Y Family Limited Partnership relative to donation of land to the City of Otsego for further conveyance to the State of Minnesota for construction of an interstate at State Highway 101 and Wright County 42. Seconded by CM Wendel. All in favor. Motion carried. Mr. Douglas Birk introduced himself and is a candidate for the St. Michael and Albertville School District. City Council Meeting of September 13, 2004. Page 2. 5. Consent Agenda. (Non -controversial items). 5.1. Approve Claims List. 5.3. Payment of $38,100.00 to Bonestroo, Rosene, Anderlik & Associates for Engineering Services for East WWTP Phase III. 5.4. Payment of $17,681.21 to Bonestroo, Rosene, Anderlik & Associates for Engineering Services for West WWTP Phase I. 5.5. Pay Request No. 9 for West Wastewater Treatment Facility to Rice Lake Construction Group for 619,295.21. 5.6. See under 8.0. City Attorney 5.7. Approve amendment to Chapter 95 of the Zoning Ordinance Changing the boundaries of Subdivision C. of the WSRR (Wild and Scenic Recreational River) Overlay District in accordance with Minnesota Statutes. 5.8. Approve payment of $36,226.15 to American Liberty for Lily Pond Park. 5.9 Pay Estimate No. 1 to Buffalo Bituminous for MacIver Avenue and 70t' Street for $216,853.16. CM Heidner motioned to adopt the Consent Agenda. Seconded by CM Scharber. All in favor. Motion carried. 6. Dan Licht. Citv Planner. 6.1. Zip Code Request. Dan Licht gave his report stating the City received a letter back from the US Postal Service and as far as he was concerned that we received a generic letter. He recommended sending out another letter stressing the need for a zip code. CM Heidner motioned to approve another letter to be sent out. Seconded by CM Scharber. All in favor. Motion carried. 6.2. Code Enforcement Update. Dan Licht updated the council on Code Enforcement. Fourteen citations went out on September 15`h. Mayor Fournier asked what is the procedure for sending out letters. Dan Licht explain that we only send a letter if a complaint has been made. Dan Licht stated they have 15 days to clean up and then they go out and check it again. If it is not done what it is stated on the letter, then a citation is sent out and they have to either pay it or appeal it. 6.3. Public Works Site. Dan Licht presented his report. Mike Robertson stated a appraisal has been ordered. City Council Meeting of September 13, 2004. Page 3. 7. Ron Wagner, City Engineer. 7.1 Consider approval of Change Order 93 for West WWTP. CM Heidner motioned approval for Change Order #3 the West Water Treatment Plant. Seconded by CM Scharber. All in favor. Motion carried. 7.2 Consider approval of MacIver Avenue Change Order # 1. Ron Wagner presented his report. The County is requiring a change in the bypass lane. CM Wendel motioned approval for Change Order #1 the MacIver Avenue. Seconded by Mayor Fournier. All in favor. Motion carried. 7.3. MPCA. CM Struthers asked Mayor Fournier to bring this up at the meeting and to discuss it. Supposedly there was a fine for stormwater violations somewhere in the city. Ron Wagner and Mike Robertson said they were unaware of any fines. Mike Robertson said if it was a development the Contractor would receive the fine and would have to pay it. 7.4 Midwest Landscaping Drainage Ditch. Mike Robertson said there was two separate drainage areas. Ron Wagner said there is a culvert that is broken and holding back water. Ron Wagner said putting in a new culvert may help the drainage. Ron Wagner was instructed to get a quote for the 62nd Street a culvert problem. Mike Robertson will send residents a letter when he has a schedule for installation. 7.5 Sound Study on Quaday Avenue. Ron Wagner stated that the Federal Highway Administration is requiring a noise study for the Quaday improvement. The cost is $2,500.00. 7.6. Page Avenue & 85`h Street CM Heidner wanted this to be recorded that there is a crack in the driveway of Earl & Doris Lieske, 15216 85`h Street NE. If the cracks get bigger, the city will have to replace it. 8. Andrew MacArthur. Citv Attornev. 5.6. Appoint Kim Brandell as Administrative Code Enforcement Hearing Officer at $120.00 an Hour CM Scharber motioned to appoint Kim Brandell as Hearing Officer. Seconded by CM Wendel. All in favor. Motion carried. 9. Council Items: 9.1. Approve Resolution 2004-57 setting the Preliminary 2005 Tax Levy Mike Robertson explained the resolution. CM Heidner motioned to adopt Resolution 2004-57 at $1,927,573.00. Seconded -by CM Scharber. All in favor.- Motion carried. - - - - City Council Meeting of September 13, 2004. Page 4. 9.2. Approve Resolution 2004-58 transferring money between funds. CM Heidner motioned to adopt Resolution 2004-58. Seconded by CM Scharber. All in favor. Motion carried. 9.3. Approve Resolution 2004-60 setting the Truth -In -Taxation Hearing dates. Mike Robertson stated the Truth -In -Taxation hearing is set up on December 6 t and December 13, 2004. CM Heidner motioned for adoption of Resolution 200-60. Seconded by CM Wendel. All in favor. Motion carried. 9.4. Set Workshop with Deputies. A workshop was discussed to meet with the Deputies and go over a few things. They want to go over the ordinances and how the deputies should enforce them. CM Wendel motioned to meet on October 20, 2004 at 7:00 pm Wednesday. Seconded by Mayor Fournier. All in favor. Motion carried. Also pizza and refreshments will be served. 10. Mike Robertson, City Administrator. 11. Judv Hudson. Citv Clerk. 11.1. Approve Resolution 2004-59 approving an additional election judge For the General Election. CM Heidner motioned to approve Resolution 2004-59. Seconded by CM Scharber. All in favor. Motion carried. 12. Adjourn by 10 PM. CM Scharber motioned to adjourn at 8:17 pm. Seconded by CM Wendel. All in favor. Motion carried.