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06-27-11 CCITEM 3-1 OTSEGO CITY COUNCIL MEETING OTSEGO CITY HALL JUNE 27, 2011 7:00 PM 1. Mayor Jessica Stockamp will call the meeting to order. Mayor Stockamp called the meeting to order at 7:00 PM. Roll Call: Mayor Stockamp; Councilmembers: Vern Heidner, Dan Scharber, Tom Darkenwald and Doug Schroeder. Staff: Gary Groen, Finance Director; Tami Loff, City Clerk; Daniel Licht, City Planner; Ron Wagner, City Engineer; and Brad Belair, Public Works Supervisor. City Attorney Andy MacArthur arrived at 7:09 PM. Pledge of Allegiance: Mayor Stockamp led in the Pledge of Allegiance. 2. Consider agenda approval. City Planner Licht asked to remove item 10.1 securing the property at 14376 78th Street because it has been taken care of. CM Scharber motioned to approve as amended. Seconded by CM Schroeder. All in favor. Motion carried. 3. Consider the following minutes. 3.1 June 13, 2011 6 PM Workshop. CM Scharber motioned to approve as written. Seconded by CM Heidner. All in favor. Motion carried. 3.2 June 13, 2011 City Council Meeting. CM Heidner motioned to approve as written. Seconded by CM Schroeder. All in favor. Motion carried. 3.3 June 13, 2011 Workshop. CM Heidner motioned to approve as written. Seconded by CM Scharber. All in favor. Motion carried. 3.4 June 20, 2011 Workshop. CM Scharber motioned to approve as written. Seconded by CM Darkenwald. Motion carried 4-0. CM Schroeder abstained. 3.5 June 20, 2011 Public Hearing. CM Heidner motioned to approve as written. Seconded by CM Schroeder. Motion carried 4-0. CM Schroeder abstained. 4. Open Forum: (5 minute limit] 4.1 SDecial Presentation: CenterPoint Enerav Communitv Partnership Grant. Scott Lehner, CenterPoint Energy area manager presented the city with a check in the amount of $2,500 to be used in the purchase of 800 mHz radios. Mayor Stockamp thanked CenterPoint Energy for their donation. A. Approve Resolution 2011- 33 accepting the donation. CM Scharber motioned to approve Resolution 2011-33 accepting donation from CenterPoint Energy. Seconded by CM Heidner. All in favor. Motion carried. Chris Wilson, 8600 NE O'Dean Ave, is asking the City Council to consider an alternate plan B for the McDonald house to move the house to the Ramsey property. Ms. Wilson said she has City Council Meeting 3une 27, 2011. Page 2. spoken with the Ramsey's and they have interest in moving it to their site. City Planner Licht said after inspection of the house the Building Official had concern if it would be movable. Ms. Wilson said there is also alternate plan C, which would be to move the house to her property at 8600 O'Dean Avenue. City Planner Licht said that Ms.Wilson has the maximum accessory buildings allowed so that would not be an option. Ms. Heather Eidem said she is first here speaking as representative from the Village at Pheasant Ridge Association thanking City staff for their prompt assistance with a code enforcement issue. Ms. Eidem then spoke as representative from New River Medical Center, which will be holding an open house celebration August 11, 2011 from 3-6 PM at the New River Professional Building. 5. Consent Agenda. (Non -controversial items). 5.1 Approve Claims List. 5.2 Approval of Rogers TH101/CSAH 144 letter of support. 5.3 Approve purchase of air compressor. CM Darkenwald motioned to approve. Seconded by CM Scharber. Motioned carried 4-1. CM Heidner opposed. 6. Unfinished Business. 6.1. Vintage Golf Course alcohol compliance check. City Planner Licht reviewed the past violation penalties. In accordance with the City Code, City staff is recommending a $1,000 fine and best practices training. Chris Bulow, Vintage Golf Course owner, said last Saturday was a busy day at the golf course but only did $18 of liquor business. Mr. Bulow said he feels that they should be looked at differently than a restaurant or liquor store who sells more. Mayor Stockamp said if Vintage is only selling that little of an amount there shouldn't any failures. CM Darkenwald asked Mr. Bulow if he realizes there should be a penalty. Mr. Bulow said yes. CM Darkenwald asked City Attorney MacArthur on fine amount. City Attorney MacArthur said to use discretion. City Planner Licht said it is set by the City Council. CM Heidner said Vintage's first fine was $250. CM Darkenwald asked if City staff talked to Wright County staff about prosecuting. City Planner Licht said Wright County Attorney use a case by case practice. Mayor Stockamp said to Mr. Bulow at the last meeting you made the comment that a lot of Wright County training classes were canceled. Mayor Stockamp said that it was confirmed that the county held eight scheduled classes and a business always has the option to pay a $200 fee for the class to be held at their facility. CM Heidner asked how long the training class is. Mr. Bulow said 1-1 1/2 hours. CM Darkenwald said ultimately Mr. Bulow is responsible but when you have an employee that you are not able to watch all the time, you would hope they would have some sort of penalty too. Mayor Stockamp said that was the City Councils intent. CM Darkenwald motioned to amend the penalty to a $500 fine and said he would be more inclined to impose the $1000 fine if Wright County would go after the person responsible. Motion failed with no second. City Council Meeting June 27, 2011. Page 3. CM Scharber motioned to approve Resolution 2011-26 imposing a fine of $1,000 for the first violation within a two (2) year period and completion of best practices training for violation for a failed liquor license compliance check in accordance to the city code. Seconded by Mayor Stockamp. Motion carried 4-1. CM Darkenwald opposed. CM Darkenwald said he opposed because he wants to put pressure on Wright County to prosecute the employee that is responsible. Mayor Stockamp said she agrees but also wants to encourage business owners to have the training for each employee. 7. Public Works. No items. 8. Daniel Licht, City Planner. 8.1 Jamfest Special event permit. City Planner Licht presented the Planning Report. Representatives from Rockwood's Bar & Grill, Denny's and Holiday Inn were present. Todd Rick, Denny's, reviewed some of the scheduled events. Mayor Stockamp asked where the sky diving will be held. The City Council has concern on power lines. Mr. Rick said that it will be held in Richard Lefebvre farm land. Mr. Rick asked about using some of the City's jersey barriers and would like to get them Thursday before the event. City Planner Licht said to work with Public Works Supervisor Brad Belair. Mr. Rick also asked if the City would donate street sweeping of their parking lots after the event. The City Council directed City staff to look into the cost and bring back a cost estimate for City Council consideration on July 11, 2011. CM Darkenwald motioned to approve a special event permit for Otsego Jamfest 2011 subject to the ten conditions listed in the Planner's report and directing staff to provide a quote to the City Council for review on street sweeping. Seconded by CM Schroeder. All in favor. Motion carried. 8.2 Approve HPC STeP program report and resolution. City Planner Licht presented the report. CM Darkenwald said thank you to the Heritage Preservation Commission for all your time and effort. Mayor Stockamp said she is very pleased with the group and said thank you. CM Heidner motioned to approve Resolution 2011-34 accepting the report of the Heritage Preservation Commission regarding the STeP program and adoption of a mission statement, collections policies and work program thereof. Seconded by CM Darkenwald. All in favor. Motion carried. 8.3 PUBLIC HEARING: McDonald house Site Alteration Permit. A. Mayor will open the Public Hearing. Mayor Stockamp opened the Public Hearing at 7:40 PM. B. Presentation. City Planner Licht presented the Planning Report. C. Public comments. Chris Wilson, 8600 O'Dean Avenue, if the City Council does decide on demolition, wondering if there would be a value to dig around the foundation before it gets filled in. City Planner Licht City Council Meeting June 27, 2011. Page 4. said this could be looked at and also the HPC is planning on taking a video of the home and site before it is demolished. Darryl Jorgenson, 13480 96th Street, asked what the intended use of the property will be. City Planner Licht said the City could sell as a single lot and the driveway would probably be taken off CSAH 39 and moved to 96th Street. D. Close the Public Hearing. Mayor Stockamp closed the Public Hearing at 7:48 PM. CM Heidner said he wants to explore the option to move the house to Ramsey site. The Ramsey property is two acres and already has a pole building. City Planner Licht said that it is unlikely the building could be moved there and comply with the Zoning Ordinance. CM Darkenwald asked if the HPC looked at the University of MN or St. Cloud State University Archeology Departments to deconstruct but because there was lead paint found they will not. City Planner Licht said that is correct. CM Darkenwald asked about a dig at the site. City Planner Licht said it would be scheduled and a liability waiver would need to be filled out. Mr. Jorgenson, said instead of the City paying for the cost of demolition couldn't that be in an agreement for the new owners. CM Heidner said that the cost will be added into the asking price. E. Approve findings re: Site Alteration Permit. CM Scharber motioned to approve a site alternation permit for demolition of the McDonald house based on a finding that the action is consistent with the Zoning Ordinance. Seconded by CM Darkenwald. All in favor. Motion carried. F. Approve demolition quotes from Veit & Companies. CM Scharber motioned to approve the quotes from McAlpine Well for $300 and Viet & Company, Inc for $11,196 for demolition of the McDonald house and site restoration with condition for City staff to look further into the possible relocation and into archeological digging. Seconded by CM Darkenwald. All in favor. Motion carried. 8.4 Approve splash pad construction quotes. City Planner Licht reviewed the quotes for Prairie Park splash pad. City Engineer Wagner said the low bids were from Rum River in the amount of $7,250.32, Dave Perkins in the amount of $29,617 and Blackstone in the amount of $81,162 with reserving the right to look for lower cost options on the splash pad installation. City Engineer Wagner said that Blackstone can't start the work until August 1. CM Heidner asked what kind of warranty we have since this will be done so late in the season. City Engineer Wagner said he will have to check what the contract document states on the warranty. Mayor Stockamp asked how long the project will take. City Engineer Wagner said two weeks. City Planner Licht said City staff recommends accepting the two low bids and table action on the concrete work until July 11, 2011 to solicit more quotes. CM Scharber motioned to approve the low bids from Rum River and Dave Perkins. Seconded by CM Heidner. All in favor. Motion carried. 9. Ron Wagner, City Engineer. 9.1 70th Street Plans and Specifications. City Council Meeting June 27, 2011. Page S. City Engineer Wagner reviewed the plans and specifications. CM Darkenwald asked what the cost of this section of 70th Street will be. City Engineer Wagner said $400,000. CM Darkenwald asked if there is any benefit on constructing this year or next year. City Engineer Wagner said only the first lift would be done this year and second lift next year or the process could be delayed a year for each lift. CM Scharber asked if any difference on maintenance standpoint. Public Works Supervisor Belair said doesn't make a difference. City Engineer Wagner said once approved by the State he will bring back to the City Council with a Resolution ordering advertisement for bids for consideration. CM Scharber motioned to direct city staff to proceed with sending plans and to the State Aid office for review and approval. Seconded by CM Schroeder. All in favor. Motion carried. 9.2 Emergency sirens. City Engineer Wagner reviewed quotes for emergency sirens. The cost for three sirens and installation would be approximately $50,000. City Engineer Wagner said the three locations chosen are the west WWTF, City Hall and the Quaday Avenue lift station. Mayor Stockamp asked if that would be replacing the existing one at the Quaday lift station. City Engineer Wagner said yes. City Engineer Wagner said about 3-10 weeks delivery and installation. City Engineer Wagner said that the maintenance is not needed in the first three years. CM Schroeder asked if the Public Works Department could do the maintenance. City Engineer Wagner said no as the pole is 55 feet. CM Darkenwald motioned to approve quotes and order three sirens for placement per map presented by City Engineer Wagner with payment coming out of the revolving Capital Improvement Fund. Seconded by Mayor Stockamp. All in favor. Motion carried. CM Scharber asked for the Elk River Star News to be contacted once they are installed so residents know. City Engineer Wagner updated the City Council on the status of the WWTF replat. The City has received 9 out 13 approvals and he will be sending out second letter to the four remaining. 10. Andrew MacArthur, City Attornex. 10.1 Secure property at 14376 78th Street -REMOVED 11. Gary Groen, Finance Director. 11.1 Approve 2010 Audit Report. Finance Director Groen reviewed the discussion of the audit from the June 20, 2011 workshop and said if approved copies will be available at City Hall, the website and published in the official paper. CM Heidner motioned to approve. Seconded by CM Scharber. All in favor. Motion carried. 12. Tami Loff, City Clerk. The City Council removed the draft of EAW for 85th Street from the workshop following the City Council meeting and added to this meeting since there were residents in the audience for this item. 12.1. Review of draft EAW for 85th Street. City Council Meeting June 27, 2011. Page 6. City Wagner reviewed the 851h EAW and the alternative options. CM Scharber asked the difference from a parkway. City Engineer Wagner said current is 80 feet and a parkway is 100 feet. But the road could be done as a rural section for now. CM Scharber asked the speed. City Engineer Wagner said built for 40 MPH. CM Heidner said there are two trigger points for the project: more development or the future school we could be looking at 15-20 years. City Engineer Wagner said correct it just allows the city to get the EAW out of the way and also show where the road will be for future development. The City Council gave direction to distribute the EAW and hold a Public Hearing. Denny McAlpine, 8507 Nashua Avenue, said the road will go right through his sewer system. CM Heidner said you would get a new system. 13. Council Items. 13.1 Closed session for Attorney/Client privilege. City Attorney MacArthur is asking for closed session for attorney client privilege to review the GCI litigation. CM Scharber motioned to close the meeting at 8:59 PM. Seconded by CM Schroeder. All in favor. Motion carried. CM Scharber motioned to reopen the meeting at 10:07 PM. Seconded by CM Darkenwald. All in favor. Motion carried. CM Darkenwald motioned to continue the meeting until tomorrow June 28, 2011 at 1:30 PM. Seconded by CM Schroeder. All in favor. Motion carried. CM Heidner said he will not be able to make it to the continued meeting tomorrow. Mayor Stockamp reopened the meeting at 1:33 pm. Roll Call: Mayor Stockamp; Councilmembers: Dan Scharber, Tom Darkenwald and Doug Schroeder. Absent: Councilmember Vern Heidner. Staff: Gary Groen, Finance Director; Tami Loff, City Clerk; Daniel Licht, City Planner and Andy MacArthur, City Attorney. CM Darkenwald motioned to close meeting for attorney/client privilege at 1:34 pm. Seconded by CM Scharber. All in favor. Motion carried. CM Darkenwald motioned to reopen the meeting at 1:42 PM. Seconded by CM Scharber. All in favor. Motion carried. 13.2 Proposed settlement aareement GCI, Otseao, Bank of Iowa and Glenwood State Bank. CM Darkenwald motioned to approve the settlement agreement as presented by City Attorney MacArthur. Seconded by CM Scharber. All in favor. Motion carried. 13.3 Proposed settlement -modified Developers agreement -Otsego and GCI Capital, Inc. City Council Meeting June 27, 2011. Page 7. CM Darkenwald motioned to approve the modified Developers agreement as presented by City Attorney MacArthur. Seconded by CM Scharber. All in favor. Motion carried. City Attorney MacArthur said the closing for the agreements will be held tomorrow at 9 AM. 14. Adjourn by 10 PM. CM Darkenwald motioned to adjourn. Seconded by CM Scharber. All in favor. Motion carried. Adjourned at 1:45 PM. ATTEST: Tami Loff, City Clerk Mayor Jessica Stockamp