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07-14-03 CCITEM 3_y_ CITY OF OTSEGO CITY COUNCIL MEETING JULY 14, 2003 OTSEGO CITY HALL 6:30 PM 1. Mayor Larry Fournier will call the meeting to order. Mayor Fournier called the meeting to order at 6:31 PM. Roll Call: Mayor Larry Fournier; Councilmembers: Vern Heidner, Virginia Wendel, Dan Scharber and Jerry Struthers. Staff: Mike Robertson, City Administrator; Judy Hudson, City Clerk/Zoning Administrator; Andrew MacArthur, City Attorney and Ron Wagner, City Engineer. Pledge of Allegiance. Mayor Fournier led in the Pledge of Allegiance. 2. Consider agenda approval Ron Wagner requested to remove Item 7.3. Mike Robertson added Item 7.8 Electrical Work in Prairie Park, Item 9.c. Set dates for two Budget Meetings and 85`' Street and Page Avenue Assessment Hearing. CM Struthers added under Item 7.9. Erosion Control, Item 10.E. Web Site and Item 6.1. Apex Business Center. CM Wendel motioned to approve the Agenda as amended. Seconded by CM Scharber. All in favor. Motion carried. 3. Consider the following minutes: 3.1. City Council Meeting of June 23 2003 Mayor Fournier motioned adoption. Seconded by CM Struthers. All in favor. Motion carried. 3.2. City Council Special Meeting of June 26 2003 CM Wendel noted under Item 2. was by consensus. CM Scharber motioned adoption as amended. Seconded by CM Heidner. All in favor. Motion carried. 3.3. City Council Workshop of June 30 2003 CM Heidner motioned adoption. Seconded by CM Scharber. All in favor. Motion carried 4 to 0. CM Wendel abstained since she did not attend this Workshop. 4. Open Forum: (5 minute limit) Dixie Flom, member of the Festival Committee, requested additional electrical power in Prairie Park for the Otsego Festival. Mayor Fournier said the Council supports the Festival and directed the City Administrator to work with the Festival Committee. Jim Duval of 9840 Kadler Avenue. He is concerned with the excessive speeding on Kadler Avenue and the cars driving on the bike path. Mayor Fournier directed staff to have this area patrolled more closely and for Mr. Duval to attend the next Police Commission Meeting. City Council 1N'Ieeting of July 14, 2003. Page 2. 4.1. Special Presentation: Paul Christenson, People Service - Contract Proposal Paul Christenson and Kurt Neidermeier, Wastewater Treatment Operators presented the proposed contract. Mayor Fournier would like to see more background information and a layout of the current and proposed costs and to bring back to the Council. 5. Consent Agenda. (Non -controversial items 5.1. Approve Claims List. 5.2. Approve Pay Estimate for Test Well CNM Struthers motioned to adopt Consent Agenda. Seconded by CIVI Scharber. All in favor. Motion carried. 6. Dan Licht. Citv Planner: 6.1. Any other PlanningItems A. Apex Business Center. CM Struthers has observed no movement on outside storage. The City Council directed the City Attorney to write a letter to Apex. 7. Ron Wagner, Citv Engineer: County Commissioner Pat Sawatzke arrived at this time. Commissioner Sawatzke said the flooding of County Road 36 will be resolved this year. The washing out of County Road 42 is currently being evaluated and in the process of getting specifications. The traffic signals at CSAH 37 and State Hwy 101, he wants to move forward with this with the State. The State would pay 50%, the County 25% and City 25%. This pay policy has been in place since 1984 and won't be deviated from. CM Heidner pointed out that the City pays for all maintenance and electricity and the traffic signal is not located on the City property. CM Heidner asked Commission Sawatzke to look into the western dike on Parrish Avenue if they have plans for reconstruction. CM Scharber asked for County Support for warning lights on State Hwy 101 at County Road 36. 7.1. Storm Sewer Issues: A. Otsego Creek Ron Wagner went over the flooding events as a result of the approximately 6 to 12 inches of rain received in some areas of the City. He noted that none of the new developments were flooded. Otsego Creek did go over some of the roads, which he outlined for the Council. Dennis and Kathy Beaudry noted their road is under water as is 20 acres of corn across the swamp. Mike Robertson encouraged them to put in claims for Federal Money. B. Knoll's Pond The driveway doesn't have a culvert under it and the water won't follow its natural way to the Lefebvre Creek. Ron Wagner recommends placing a culvert under Knoll's driveway. The Council took no action. City Council Meeting of July 14, 2003. Page 3. C. Prairie Creek I" & 3rd Wetland Ron explained that the residents want the rainwater to drain back into wetland as to keep it from destroying their lawns. Ron suggested to take elevations to see if this area has been changed. Mayor Fournier motioned to direct the City Engineer to take shots and have Pulte Homes repair if needed at Pulte`s expense. Seconded by CM Scharber. All in favor. Motion carried. D. Heritage Hills Pond Ron Wagner recommended to put a structure (catch basin) on 82°d Street and modify the manhole structure or clean out some area to the proper elevation. Mayor directed the City Engineer to put together a cost estimate and bring back. E. Mason Avenue Two homes located along Mason Avenue, sustained a large amount of damage. There is no culvert on Mason Avenue to help with the flow. At this point everything flows down to a low point on Mason and pushed the pond over this area and was contained on one side. Residents tried to pumped over road to farmland but landowner stopped it. Ron recommended to put culvert under Mason Avenue and negotiate with landowner for easement. Council directed staff to talk to landowner for easement if he is willing. F. Island View Estates - Ravines. Council directed Ron Wagner to bring back a cost estimate. 7.2. Discussion of a Citywide Road Access Fee The City Council directed the City Attorney to check into this. 7.3. Consider Pay Estimate for Page Avenue Removed from agenda. 7.4. Consider Pay Estimate for 85`t' Avenue CM Wendel motioned to approve payment of $351,038.21 to Dresel. Seconded by CM Scharber. All in favor. Motion carried. 7.5. Consider Pay Estimate for Ouaday Storm Sewer CM Struthers motioned to pay Meadowvale $1,807.75. Seconded by CM Heidner. All in favor. Motion carried. 7.6. Construction Update Ron Wagner gave a construction update. 7.7 Accent Petition to pave 87`h Street and Order Preparation of a Feasibility Report Mayor Fournier motioned to approve the Resolution accepting petition and order Feasibility Report. Seconded by CM Heidner. All in favor. Motion carried. This will be on the August 11, 2003 agenda. 7.8. Any other Engineering Items A. Electric Work for Prairie Park The Council directed Mike Robertson to work with Rose Cassady of the Otsego Festival and the City Engineer to develop specs for what the Festival wants and to obtain bids. B. Erosion. CM Struthers asked if the NDPES rules are being followed and Ron Wagner explained t City Council Meeting of July 14, 2003. Page 4 they are. 8. Andrew MacArthur, City Attorney: 8.1. Consider adoption of a Preliminary SAC/WAC Fee for West Otsego Development. Mayor Fournier motioned to set the WAC and SAC Fee at $9,100. Seconded by CM Scharber. All in favor. Motion carried. 8.2. Nuisance Update Andy MacArthur will write a memo for the update. 8.3. Closed Meeting for Attorney -Client Privilege CM Scharber motioned to close the City Council meeting at 9:45 PM. Seconded by CM Wendel. All in favor. Motion carried. Roll Call: Mayor Fournier; Councilmembers: Vern Heidner, Virginia Wendel, Jerry Struthers and Dan Scharber. Staff. Mike Robertson, City Administrator; Judy Hudson, City Clerk, Ron Wagner, City Engineer and Dan Licht, City Planner. CM Scharber motioned to reopen the City Council meeting. Seconded by CM Wendel. All in favor. Motion carried. Reopened at 9:51 PNI. 9. Council Items: A. East and West Sewer Plant Update No update. B. Review Planning Commission applications Interviews will be Monday, July 21, 2003 at 7 PM. C. Set dates for Budget Meetings. August 4, 2003 at 6 PM and August 18, 2003 at 6 PM were set for Budget Meetings. D. Set Assessment Hearing for Page and 85`h Street. September 25 Thursday at 7 PM was set for the hearing. 10. Mike Robertson. Citv Administrator: A. Consider Building Official appointment The City Council directed Mike to offer the position to Elvin Erickson. B. Approve Building Inspector SaIM Range Mayor Fournier motioned to approve the recommendation of $40,000 to $50,000. Seconded by Scharber. All in favor. Motion carried. C. 2003 Budget Cuts CM Struthers motioned to cut the Recreation Coordinator, the EDA Contingency Fund and Dust Control. Seconded by CM Scharber. Voting For the Motion: CM Scharber, CM Struthers, CM Wendel, and CM Heidner. Voting Against the Motion: Mayor Fournier Motion carried four (4) to one (1) Mayor Fournier noted for the record he did not want to cut dust control City Council Meeting of July 14, 2003. Page 5. D. County Road 37 & State 101 -Funding for traffic light CM Heidner motioned to set a Policy that the City does not pay for traffic lights that are not located on a City owned road. Seconded by CM Scharber. All in favor. Motion carried. E. Web Site. Mike updated. 11. Judy Hudson City Clerk A. Initiative Foundation Funding Request Mayor Fournier motioned not to fund their request. Seconded by CM Heidner. Voting For the Motion: Mayor Fournier, CM Heidner, CM Wendel, and Ciel Scharber. Voting Against the Motion: CM Struthers. Motion carried four (4) to one (1). B. Storm Water Pond Fountain. Council was in consensus not to fund any storm water pond fountains. 12. Adjourn by 10 PM Mayor Fournier motioned to adjourn. Seconded by CM Scharber. All in favor. Motion carried. Meeting adjourned at 10:1 PM. ayor a F urnier ATTEST J y Hu so , City Clerk/Zoning Adm.