02-23-04 CCITEM 3-1
OTSEGO CITY COUNCIL MEETING
OTSEGO CITY HALL
FEBRUARY 23 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, Jerry Struthers
and Dan Scharber. Absent: Virginia Wendel.
Staff. Mike Robertson, City Administrator; Judy Hudson, City Clerk/Zoning
Administrator; Dan Licht, City Planner; Ron Wagner, City Engineer and Andrew
MacArthur, City Attorney.
Pledge of Allegiance: Mayor Fournier led in the Pledge of Allegiance.
2. Consider agenda approval.
Mayor Fournier requested to add under 9.3. Rose Cassady's letter. Mike Robertson
requested to move Item 10.3 to Item 7.3.
CM Struthers motioned adoption as amended. Seconded by CM Heidner. All in
favor. Motion carried.
3. Consider the following minutes
3.1. February 9, 2004 City Council Meeting_
Mayor Fournier noted on Page 1 last paragraph the word project rather than product.
CM Struthers motioned adoption as amended. Seconded by Mayor Fournier. All in
favor. Motion carried.
4. Open Forum: (5 minute limit)
No one appeared on Open Forum.
5. Consent Agenda. (Non -controversial items).
5.1. Approve Claims List.
5.2. Payments to Bonestroo for Construction Services:
A. East WWTP II $ 1,293.29
B. West WWTP I $42,054.09
5.3. Payment No. 3 to Rice Lake Construction for West WWTP
in the amount of $292.545.00.
5.4. Pay Estimate No. 8 for $65,177.88 to American Liberty Construction
Inc. for park construction.
5.5. Sixth Amendment to O & M Agreement with People Service
5.6. Pay Estimate 44 to CB & I for Water Tower 42 for $137,398.50.
5.7. Pay Estimate #6 to EnComm for Pump house #3 for $51,879.27.
CM Heidner motioned adoption of Consent Agenda. Seconded by CM Scharber.
All in favor. Motion carried.
City Council Meeting of February 23, 2004. Page 2.
6. Dan Licht, City Planner,
6.1. Arbor Place:
A. Rezoning from A-1 to R-6.
B. Preliminary Plat for development of 11 lots.
Dan Licht presented the Planner's Report. Ron Wagner reviewed his Engineering Report.
John Jackels agreed with the conditions.
CM Heidner motioned to approve rezoning the subject site form A-1 District to R-6
District based upon a finding that the request is consistent with the direction of the
Comprehensive Plan. Seconded by CM Scharber. All in favor. Motion carried.
CM Heidner motioned to approve the Preliminary Plat of Arbor Place subject to the
11 conditions listed in the Findings of Fact. Seconded by CM Scharber. All in
favor. Motion carried.
6.2. Final Plat for Martin Farms.
Dan Licht presented the Planner's Report and noted that Condition No. 2. Needs to be
removed from the Findings of Fact. Ron Wagner went over his Engineering Report and
noted that the force main needs to get in to these properties. John Jackels, Emmerich
Development, said he met with Ron Wagner regarding this force main going through the
Berning property with a slightly different alignment and he realizes this force main is
needed. Installing this force main now would be an extra cost to Emmerich and this
needs to be worked out with all the developers in this area.
Mayor Fournier stated he would like to see a plan for this force main prior to approving
too many of these Final Plats.
Mayor Fournier motioned to table the Final Plat for Martin Farms until the March
8, 2004 City Council Meeting. Seconded by CM Heidner. All in favor. Motion
carried.
7. Ron Wagner, City Eneineer.
7.1. Consider Pay reguest #6 and Change Orders #2 and #3 for Wells #4 and
#5 to Traut Wells.
Ron Wagner reviewed Change Order No 2, Change Order No. 3 and Pay Estimate No. 6.
CM Heidner motioned to approve Change Order #2 for $4,644.00 to Traut Wells.
Seconded by CM Struthers. All in favor. Motion carried.
Mayor Fournier motioned to approve Change Order No. 3 for $106,005.00 for Well
#5. Seconded by CM Scharber. All in favor. Motion carried.
CM Scharber motioned to approve Pay Estimate NO. 6 to Traut Wells for
$49,562.28. Seconded by CM Heidner. All in favor. Motion carried.
7.2. Consider approving Plans and Specs and authorizing Ad for Bids for
Well #6.
Ron Wagner went over the specs. and said the Bid Opening will be on March 30, 2004.
City Council Meeting of February 23, 2004. Page 3.
CM Struthers motioned to approve Resolution 2004-06 approving Plans and
Specifications and ordering advertisement for bids for Wells No. 6. Seconded by
CM Scharber. All in favor. Motion carried.
7.3. Any other Engineering Business.
Ron Wagner reviewed the Change Order No. 11 for American Liberty who is requesting
$6,779.39.
Mayor Fournier motioned to pay them $3,400.00 to settle. Seconded by CM
Struthers. All in favor. Motion carried.
8. Andrew MacArthur, City Attorney.
8.1. Nuisance Update.
Mr. MacArthur arrived at 7:30 PM. He gave a Nuisance Update. CM Struthers asked
about tagging cars with no license. Officer Ryan Mitchell stated that vehicles on public
property he can tag but on private property as long as the vehicle is not stolen he can't
tag.
In response to Mayor Fournier, Officer Mitchell updated the Council that he issuing
tickets for ATV and Snowmobile violations.
8.2. Animal Ordinance.
Mr. MacArthur reviewed the corrected Animal Ordinance.
CM Heidner requested to remove "and distemper" from Subdivision 4. A., as it is not
required by State law. On Page 3, there are four places to remove the word "distemper"
and also on Pages 4 and 6.
CM Struthers motioned to adopt Ordinance 2004-01 as amended. Seconded by CM
Scharber. All in favor. Motion carried.
CM Struthers motioned to adopt the Summary for Ordinance 2004-01 for
publication. Seconded by CM Scharber. All in favor. Motion carried.
9. Council Items:
9.1. East and West Sewer Plant Update.
Mike Robertson reminded the Council of their Workshop with Bonestroo on March 4,
2004 at 4:00 PM.
9.2. Set Public Works Subcommittee Meeting
Mayor Fournier set Thursday, March 11, 2004 at 4 PM to discuss staffing needs.
9.3. Rose Cassady's letter regarding 2004 Festival.
One of Ms. Cassady's request was for the City Insurance to cover the festival. Mike
Robertson will check into this.
City Council Meeting of February 23, 2004. Page 4.
10. Mike Robertson, City Administrator.
10.1 Park Commission Memo
CM Scharber went over the memo. The Council agreed with the Park's proposal of
activities. The Council also directed Mike Robertson to move ahead with the
construction of Lilly Pond Park.
10.2. Building Inspector Update
Mike Robertson reported he and Tim Rochel, Building Official, have interviewed
applicants and will bring back a recommendation to the next City Council Meeting.
Mayor Fournier requested the Public Works Site Plan be on the next City Council
Meeting.
CM Scharber requested Mike Robertson to line up community centers tour for the Parks
Commission as the Parks Commission want to start this next month. CM Scharber also
wanted to know the next step for the Peavey House. The Council directed CM Struthers
to discuss this with the Heritage Commission. CM Scharber asked about the progress of
the Post Office. Mike Robertson responded that the Chamber is taking this on and that he
has contacted communities and Hermantown is sending him information.
11. Judy Hudson, Cit Clerk.
Nothing
12. Adjourn by 10 PM.
CM Heidner reported that he and Mayor Fournier attended a MN League Conference.
CM Struthers said that the I-94 Directory has mistakes and requested Mike to check on
this. He also said the County Road 37 letter was to go out to all the County
Commissioners.
CM Scharber motioned to adjourn. Seconded by Mayor Fournier. All in favor.
Motion carried.
Meeting adjourned at 8:32 PM.
ayor Lry Fournier
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