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05-26-15 City Council MinutesOTSEGO CITY COUNCIL MEETING OTSEGO PRAIRIE CENTER MAY 26 2015 7:00 PM Call to Order. Mayor Jessica Stockamp called the meeting to order at 7:00 PM. Roll Call: Mayor Jessica Stockamp; Councilmembers: Vern Heidner, Doug Schroeder and Jason Warehime. Absent: Councilmember Tom Darkenwald. Staff: Lori Johnson, City Administrator; Daniel Licht, City Planner; Ron Wagner, City Engineer; Andy MacArthur, City Attorney; and Tami Loff, City Clerk. Pledge of Allegiance: Mayor Stockamp led in the Pledge of Allegiance. 1. Open Forum. Elk River Fire Chief John Cunningham. The Mayor and City Council presented the First Responder's Award for Outstanding Dedication for Service to Elk River Fire Chief John Cunningham on behalf of the I-94 Chamber of Commerce. Mr. Cunningham thanked the City Council and said he thanked the support of his staff. He said attending with him tonight is the new Deputy Fire Chief, Aaron Surrant and Firefighter Joe Libor. He also gave an update on activity and stated the city is working on a fire station research study project. CM Warehime asked if that study will include Otsego. Mr. Cunningham said yes it will include their entire fire district. CM Warehime asked how many fire fighters Elk River currently has and how many are Otsego residents. Mr. Cunningham said 45 on call firefighters and 2 that are Otsego residents. He said they are always actively recruiting; he stated they have an 8 minute policy that the firefighter must live within. Deputy Fire Chief, Aaron Surrant, introduced himself and gave a brief background. The City Council thanked all of them for attending. Other: Jeff Spear, 11302 75th Street NE, said he lives south of the west waste water treatment facility, and there was a small parcel that was to dedicated back to the residents. He said he has spoken with the City Attorney on this and is just checking the status. City Attorney MacArthur said he has a list of parcels he is working on and that is included in that list. City Attorney MacArthur will be in contact with Mr. Spear. Mr. Spear said his second item is the horrendous odor in his neighborhood from the waste water treatment plant. He said he has been in contact with Kurt Neidermeier the Utility Manager who has explained the issue but today it was really bad. He said he realizes there are plans on the agenda tonight but wondering if there is anything that can be done in the meantime. Utility Manager Kurt Neidermeier explained that the city is at a point where the digestion portion has reached the capacity. He reviewed the actions that have been taken this far and the proposed engineer study. Mayor Stockamp asked if there is anything that the city can do in the meantime. Utility Manager Neidermeier said they have made some operational changes but they are limited on what they can do. Mr. Spear said there have been neighbors that have moved because of the odor. He also asked if there are .plans for the future and if we are out of capacity, will you continue to allow building? Mayor Stockamp explained that this matter has been discussed in a worksession recently. AE2S Representative Scott Schaefer reviewed the past attempts they have taken to help minimize the odor. CM Heidner questioned if the recent rain could have anything to do with odor today. Utility Manager Neidermeier said he didn't see that indication. Mr. Spear said he has not noticed it with the weather changes in the past so he is not sure the rain had anything to do with it. City Administrator Johnson said we could have Mr. Schaefer do some additional study to see if there is anything different or additional that can be done in the interim. The Council concurred that interim options should be researched and placed on the Council agenda as soon as possible.CM Warehime said to answer your question about it's been bad for the last couple of years; they city has been talking about it and trying different things and then we finally figured out it was a design issue so we can move forward, so it's taken some time to identify fully. 2. Consider agenda approval. Mayor Stockamp requested to add Item 7.3 25 Year Anniversary Update. CM Heidner motioned to approve as amended. Seconded by CM Schroeder. All in favor. Motion carried. 3 Consent Agenda. (Non -controversial items). 3.1 Approve Claims List. 3.2 Approve City Council Meeting Minutes. A. May 5 2015 Special Meeting. B. May 6, 2015 Special Meeting. C. May 11, 2015 Meeting, 3.3 Approve 2015 Liquor License Renewals. 3.4 Approve purchase of a Kubota utility vehicle. 3.5 Received Commission Meeting Minutes. A Heritage Preservation Commission April 14, 2015. B Public Safety Commission April 14, 2015. C Planning Commission April 20, 2015. D. Parks & Recreation Commission April 21, 2015. 3.6 Approve Wilson Preserve grading plan revisions. 3.7 Approve 2015 Dust Control. 3.8 improve Resolution 2015-26 amending the City Personnel Policy and City Drug and Alcohol Policy. 3.9 Approve Purchase of Wetland Credits from the Minnesota Bank for replacement of wetlands filled for the 70th Street Project. CM Heidner motioned to approve. Seconded by CM Schroeder. All in favor. Motion carried. 4. Public Hearing: 4.1 Packard Avenue Improvement Proiect. A City Clerk attests to legal notice. B. City Attorney Comments. C Project Presentation from the City Engineer. D. Public Comments. E. Close the Public Hearing. F Consider approval of Packard Avenue Plans and Specs and Order Advertisement for Bids. City Clerk Loff attested that all the proper noticing, posting and publishing has been completed. City Attorney McArthur said this public hearing is to determine if they want to do the project at all and if the City Council does decide to go forward with the project, you will get a public hearing notice for October and at that hearing you can make your abjections to the assessment. He noted for the record that the city did have an appraiser look at the project, feasibility study and properties and put forward a range of opinion regarding the assessment the city is looking at and that report did indicate the assessment is in the range and a benefit to those properties. That report is available from the City Clerk if you would like a copy. City Engineer Wagner gave a presentation of the project. He stated 50% to be paid by the benefiting property owners and 50% to be paid by the city. Mayor Stockamp asked the recommended interest rate. City Administrator Johnson said the City staff would check the bond rate to determine stating the City's policy is 1.5% above the current bond rate; she further stated most likely it would drop from 6%. A more definitive amount would be available at the assessment hearing. Mayor Stockamp opened the Public Hearing at 7:36 PM. Scott Reimer, 6841 Packard Avenue NE, said a number of years ago there was discussion of a Packard Avenue redesign and'questioned what is the status of that. City Engineer said with the Boulder Creek project; 78th Street all the way down to CSAH 37 they; they have a street that runs through that north to south that comes out on CSAH 37 just to the east side of Mr. Boggs property. That's the location that that development will connect with CSAH 37 so Packard Avenue is proposed to swing off to the east and connect with that road. That's predicated on development and right now that is not in the water and sewer district area and that is not proposed for many years and by that time the road would be at the end of the it's life at that point. Mr. Reimer stated that there seems to be a lot of farm traffic not sure associated with the property owners along that route. City Engineer Wagner said the overlay would add strength to the road. He reviewed traffic counts down last fall on that road; they came out to be about 173 vehicles per day. He said there are 15 homes along this route and normally they anticipate about ten trips per home. Arthur Raeker, 6689 Packard Avenue NE, said he takes issue with the number of vehicles estimated he stated it is not the property owners. CM Heidner said it's not necessary just residents it's also the services the residents are using as well for instance the school buses, mail carrier, garbage, UPS etc. Also, CM Heidner said to Mr. Raeker you and Ann Bentz were probably there when the road was paved the first time; did you guys get an assessment on that? Yes, they said. Paul Olson, 6877 Packard Avenue NE, said 15 year expected life of the road was mentioned what about maintenance in that 15 years. City Engineer explained the road maintenance schedule that was adopted in 1997. First seal coat out there was in 2001. Now when a new street is put in it gets added to the schedule for fog seal the second year and then seal coated in the fourth year and then from there on it gets a fog or a seal. Ann Bentz, 6699 Packard Avenue NE, said last time when the road was completed they were told it would be maintained and it wasn't how do we know you will do it and are you going to do this with all the city streets. CM Heidner said he understands were she is coming from and he explained the maintenance schedule the city has been following. Ms. Bentz also stated it's not just resident traffic along Packard Avenue, she said there is a lot of cut through traffic. Mayor Stockamp said again it does get into the rotation so if the road is approved it will be added to the schedule. City Engineer Wagner said City staff brings to the City Council the five year maintenance costs and the Council makes sure the money is allocated to do the maintenance on the roads. CM Warehime said he understand her concerns as he lives on an older section of road that has been let go and needs to be redone. John Ouellette, 6132 Packard Avenue NE, asked in regards to the amount of traffic on the road is there any percentage for people using the road other than the people that live on Packard Avenue. City Engineer Wagner explained the traffic count again. Mr. Ouellette asked what if there was only half the amount of trips then the 173. City Engineer Wagner said it's still a benefit to the property and it doesn't matter how many cars it matters the value to the property. Mr. Ouellette said he lives on the far end of the road and during the original road construction he was put out of this property and he said also along is driveway the apron was misplaced. City Engineer Wagner said with an overlay the traffic issues should be as much as a reconstruction he estimated it lasting about two weeks. Mayor Stockamp asked of Mr. Ouellette's apron can be fixed with this project. City Engineer Wagner said yes. Scott Reimer, 6841 Packard Avenue NE, asked if we will see a cost breakdown of the project. City Engineer Wagner said if the City Council approves moving forward we will send out to bid and then we would have an amount that would be presented at the assessment hearing. Mr. Reimer asked if there is a breakdown of the money received from federal or state funding. City Engineer Wagner said no state funding would be used for this project; the state aid tax is used for larger roads like Odean Avenue for instance. City Administrator Johnson said the city portion would be paid through tax; the city street fund. MSA funds are not applicable to this project and federal dollars do not apply. Mr. Reimer also stated if this project does go through he would like to speak with the City Engineer on the ditch in front of his property. Gerard Zachman, 13600 60th Street NE, said he has two parcels he would be paying an assessment on. He said they already paid once for this road and the road wasn't properly maintained. He said the drainage is really bad on it and still needs a lot of drainage work. He said also it's been said that in the last fifteen years the roads have been maintained better he said his understanding is there is a lot of gravel roads from when Brad Belair was here that didn't get accomplished. Also a lot of tar roads that were not maintained properly. Is that going to continue in Otsego? He asked if some of the bad stops on Packard Avenue are going to be sub graded also deeper. City Engineer Wagner said when they look at these patches they will determine if they will do full depth patch or skin patch and then the leveling. Mr. Zachman asked if Hakanson Anderson was the first engineer on this road originally. City Engineer Wagner said correct. He said there has always-been a dip down by the mail box was water has set in; doesn't Hakanson Anderson have anything to do with making sure the water drains properly. City Engineer said that was in 1991 so it's lasted 24 years. Mr. Zachman said the road has been bad since day one. CM Heidner motioned to close the Public Hearing at 8:09 PM. Seconded by CM Schroeder. All in favor. Motion carried. 4 CM Warehime asked if all these cracks, dips etc. going to be fixed with the overlay and will we get the life expected with the maintenance once those issues are taken care of. City Engineer Wagner said the drainage issue mentioned by Mr. Zachman is not included in this project. We are not working on any ditches or any culverts. The proposed assessment is just taking care of the surface of the road. He said they can't prevent the reflective cracking that is coming through that will occur on any overlay. Mayor Stockamp asked if it takes care of the dips in the road mentioned. We can do some leveling and smooth out. CM Warehime asked about the farm equipment wear and tear on the road. City Engineer Wagner said if they stay within the nine ton limit and five ton spring limit it should not be an issue. CM Warehime said if we don't do this project then the road will get worse and then it will require a full reconstruction which is three times the amount. City Engineer Wagner said if you were to reconstruct the road you are looking at about $500,000. CM Warehime asked how long that road would last. City Engineer Wagner said 25 plus years. He said you do the overlay and that gets you another 15 years. CM Warehime asked Street Operations Manager Kevin Lamson the road with its condition does it get plowed well. Street Operations Manager Lamson said it's all the same. CM Heidner said so at this point and time what we can do tonight is go ahead with the plans and specs then we go out for bids and then June 22 we would have to make the decision. We would decide on whether or not to go ahead with the project or if the costs are too high correct? City Engineer Wagner said correct. City Engineer Wagner said the city may be able to add this item on when the 70th Street project that is being completed to get better pricing. CM Heidner motioned to approve Resolution 2015-27 Accepting Plans and Specifications for the Improvement of Packard Avenue from 60th Street to 70th Street and Authorize Advertisement for Bids. Seconded by CM Warehime. All in favor. Motion carried. 5. Public Works: 5.1 Consider Approval of the Proposals and Award Contract for the Material Testing on the 70tH Street NE/CSAH 37 Improvement Project. City Engineer Wagner presented. CM Schroeder said he has heard of Braun before but is Haugo Geotechnical Services fairly new. City Engineer Wagner said yes. CM Warehime motioned to accept the proposals and award a contract for material testing of the 70th Street/CSAH 37 Improvement Project to Braun Intertec in the amount of $49,908.00. Seconded by CM Heidner. All in favor. Motion carried. 6. Administration: 6.1 Consider the West WWTF Engineer Study Proposal. City Administrator Johnson presented. She stated the City Attorney has some recommended changes to the agreement after review and would ask for it to be approved contingent upon those changes. City Attorney MacArthur reviewed his recommended changes and also the recommendation from CM Heidner regarding wording on if the engineer company would infringe on anyone's patent. City Attorney MacArthur will work with AE2S representative on those changes. 5 CM Heidner motioned to enter into an Agreement between Otsego (Owner) and AE2S (Engineer) for professional services for the West Waste Water Digester Improvement Project at a not to exceed cost of $126,900 contingent upon incorporation of the City Attorney's and City Council's recommended changes. Seconded by CM Schroeder. All in favor. Motion carried. 7 City Council Reports and Updates. 7.1 Approve claim list for Metro Appliance Recycling. CM Warehime said he will be abstaining. CM Heidner motioned to approve. Seconded by Mayor Stockamp. Motion carried 3-0. CM Warehime abstained. 7.2 Commission Liaison Updates. A Heritage Preservation Commission Liaison Mayor Stockamp. B. Parks & Recreation Commission Liaison CM Schroeder. C Planning Commission Liaison Mayor Stockamp. D Public Safety Commission Liaison CM Warehime. HPC update -Commission is helping to gather photos for the 25 Anniversary Event, they are working on coming back with a suggested name for the new Wildflower Meadows park, and they are working with the City Planner regarding the historic signage in the parks. PR update -The Commission went on Park tour at their last meeting of the parks in Otsego, Planning Kwik Trip tabled until June 1 meeting. Mayor Stockamp said she will be attending that meeting as well. Riverbend South was approved for recommendation. Public Safety -Last meeting talked on volunteers for the Safety Camp. Joint meeting scheduled for June 9 with the City Council. 7.3 25 Year Anniversary Update. Mayor Stockamp gave an update. The Committee is recommending an event on Saturday, November 21, with use of the Public Works garage. The idea is taste of Otsego. The committee is asking for $2500. They also are looking at holding a social hour for previous City Council members and Commissioners. Mayor Stockamp will bring back a written request at the next City Council Meeting. Other: CM Heidner said regarding Item 3.9 can we look into setting up of a wetland bank. City Engineer Wagner said City staff can look into that. The minimum size is 5 acres. CM Heidner questioned the dust control budget amount. Street Operations Manager Kevin Lamson said it is $15,300. City Administrator Johnson gave an update on the recent accidents on County Road 39. City staff is working with Wright County and waiting to hear the outcome of their accident review/safety meeting. 8 Staff Reports and Updates. 8.1 MnDot Hwy 101 Business District Signage Update. City Engineer Wagner reviewed. This is just for info only no action needed. CM Warehime asked on status of previous discussed signage on the bridge at County Road 39. City Engineer Wagner said the only way that would be allowed or considered is if it was in the original design of the bridge. City Administrator Johnson reminded the City Council of upcoming meetings. 9. Adjourn. CM Warehime motioned to adjourn. Seconded by CM Schroeder. All in favor. Motion carried. Adjourned at 8:50 PM. yor 7essica Stockamp ATTEST: Ct�`�1�1. Tami Loff, City Clerk