Owatonna City Council Minutes Administration Building Tuesday, April 7, 2015 7:00 o’clock p.m. The Owatonna City Council met in regular session on Tuesday, April 7, 2015 at 7:00 p.m. in the Council Chambers of the City Administration Building. Council President Abraham called the meeting to order. Present were: Council Members Abraham, Dotson, Burbank, Raney, Schultz, and Okerberg; Mayor Kuntz; City Attorney Walbran; Public Works Director Skov; Community Development Director Klecker; Human Resource Director Gorski; City Administrator Busse and Assistant City Clerk Clawson. Council Member Svenby was unable to be at the meeting. Council Chairman Abraham welcomed everyone to the meeting and Council Member Burbank led everyone in the Pledge of Allegiance. Council Member Schultz made a motion to approve the agenda, Council Member Okerberg seconded the motion; all members present voted aye for approval. Mayor Kuntz introduced Ella Rasp, Student Representative during the April Council Meetings. Mayor Kuntz made proclamation today, April 7, 2015 was National Service Recognition Day. He encouraged residents to recognize the positive impact of national service in our city and thank those who serve and to find ways to give back to their communities. Mayor Kuntz recommended Sharon Klein be recommend to the District Court to serve on the City’s Charter Commission. This will fulfill the term of deceased member Raymond Truelson, representing the Fourth Ward. Council Member Dotson made a motion to approve Resolution 42-15 recommending the appointment of Sharon Klein to the Charter Commission, Council Member Burbank seconded the motion; all members present voted aye for approval. If approved, this appointment will expire December 31, 2017. Council Vice President Schultz recapped the expenses for the period totaling $536,039.63. Council Member Raney made a motion to approve payment of these bills; Council Member Dotson seconded the motion; all members voted aye for approval. President Abraham advised council members review the Consent Agenda Items prior to the meeting to approve in one motion. Consent Agenda Items for approval include: Minutes: City Council Meeting – March 17, 2015. Event Permit – Outdoor Movie – Chamber of Commerce - May 16, 2015. Event Permit – Federated Family 5K Run/Walk – July 18, 2015. Event Permit – Relay for Life – July 17, 2015 to morning of July 18, 2015. Street Vendor Permit – Todd Carver – Fun on Wheels, LLC – Kona Ice. Tree Trimmer Permits – D&D Yard Service LLC. & Strobel Tree-n-Boom Services, LLC. Annual Retail Fireworks Permit – TNT Fireworks at WalMart Parking Lot (tent). Temporary Liquor Permit – Smokin’ in Steele BBQ - May 29th & 30th – Knight’s of Columbus. Minutes – OPU Commission - Feb 24, 2015. Minutes – Planning Commission – March 10, 2015. Minutes – Shade Tree Commission – Feb 24, 2015. Minutes – HRA – Feb 23, 2015. Council Minutes April 7, 2015 P a ge 2 o f 6 Minutes – Airport Commission – Feb 12, 2015. Monthly Report – Fire Department Activity Report & Dashboard – February 2015. Monthly Report – Building & Inspection Department – March 2015. Renewal of the Static Display Loan Agreement – National Museum of the US Air Force. Airport Farm Land Lease Agreements – Crop Year 2015. Renter Bob Cole John Ihlenfeld Paul Maas Duane Schroeder Bob Swedberg Andy Michaletz Andy Michaletz (EDA Land) Monsanto (EDA Land) $265.00/Acre 50A x $265.00 15A x $265.00 20A x $265.00 24A x $265.00 21.5A x $265.00 20.5A x $265.00 89A x $265.00 8A x $265.00 2015 Payment $13,250.00 $3,975.00 $5,300.00 $6,360.00 $5,697.50 $5,432.50 $23,585.00 $2,120.00 13A x $265.00 $3,445.00 8A x $265.00 Airport EDA Total $2,120.00 $65,720.00 $5,565.00 $71,285.00 Council Member Raney made a motion to approve these Consent Agenda Items, Council Member Okerberg seconded the motion; all members present voted aye for approval. Public Works Director Skov presented request to approve an additional easement on the property located at 2250 Austin Road. Last fall, a verbal agreement was made with the owners of Northland Farm Systems for a 15’ easement when approving a conditional use permit for construction of a building at this site. During the course of design, it was found to be more efficient for the City to purchase an additional 15’ for a total easement of 30’ and to purchase of an existing building along the western side of the property. Removing the building will allow open cut installation of the stormwater pipe in this area instead of having to directionally drill past it. Also, the wider easement allows for the pipe to be centered on the new 30’ easement and not impact the trees and fences on the existing 10’ easement. Council Member Schultz made a motion to approve the additional 15’ easement, Council Member Dotson seconded the motion; all members present voted aye for approval. Public Works Director Skov presented Resolution 43-15 for acquisition of the additional 15’ easement from John Losee and Kelly Katzung at 2250 Austin Road. The purchase of the additional easement is $50,000.00 and will be paid for from the Stormwater Utility Fund. Council Member Okerberg made a motion to approve Resolution 43-15, Council Member Dotson seconded the motion; all members present voted aye for approval. Public Works Director Skov presented quotes received March 6, 2015 for approval for the 2015 Road Materials: Concrete and Concrete Repair. Council Minutes April 7, 2015 P a ge 3 o f 6 READY MIX CONCRETE: Gemstone Products Co. 2025 Centre Pointe Blvd Suite 300 Mendota Heights, MN 55120 3000 psi Mix $ 117.00 Cu Yd. 4000 psi Mix $ 120.00 Cu Yd. CONCRETE PAVEMENT REHABILITATION: Rocon, Inc. Joint Repair, Type SA-A2 $ 3.15 L.F. Owatonna MN Adjust/Install Frame & Ring Casting $ 130.00 each Expansion Joint (spec.), Type C-3BS $ 51.75 L.F . Crack Repair, Type SA-A3 $ 3.15 L.F. Partial Depth Repair, Type SA-BA $ 18.65 L.F. Full Depth Repair SA-CA $ 21.35 S.F. CURB, GUTTER, SIDEWALK REPAIR: Welker Custom Homes, Inc. Remove 6” or 7” Concrete Driveway $ 11.00 S.Y. Owatonna MN Place 6” Concrete Driveway $ 55.00 S.Y. Place 7” Concrete Driveway $ 57.00 S.Y. Remove 4” Concrete Walk $ 2.60 S.F. Place 6” Concrete Walk $ 6.20 S.F. Place 4” Concrete Walk $ 5.85 S.F. Place 4” Exposed Aggregate Concrete Walk $ 13.00 S.F. Truncated Domes $ 62.00 S.F. Remove Curb & Gutter $ 5.25 L.F. Place Curb & Gutter $ 27.00 L.F. Adjust Frame/Ring Casting $ 100.00 each Remove 6” or 7” Concrete Driveway $ 10.75 S.Y. Place 6” Concrete Driveway $ 61.60 S.Y. Place 7” Concrete Driveway $ 62.00 S.Y. Remove 4” Concrete Walk $ 2.90 S.F. Place 6” Concrete Walk $ 7.75 S.F. Place 4” Concrete Walk $ 7.50 S.F. Place 4” Exposed Aggregate Concrete Walk $ 13.65 S.F. Truncated Domes $ 70.00 S.F. Remove Curb & Gutter $ 4.60 L.F. Place Curb & Gutter $ 30.00 L.F. Adjust Frame/Ring Casting $ 90.00 each Council Member Dotson made a motion to approve the quote from Rocon, Inc. for the Concrete Pavement Rehabilitation and the quote from Welker s Custom Homes, Inc. for Curb, Gutter and Sidewalk Repair. Council Member Burbank seconded the motion; all members present voted aye for approval. Rocon, Inc. Owatonna MN Public Works Director Skov presented a maintenance agreement with McQueen Equipment for the SnoGo MP-3 Snow blower purchased during 2014. This is a 5-year maintenance contract with an annual fee of $2,000. Council Member Schultz made a motion to approve the maintenance contract, Council Member Okerberg seconded the motion; all members voted aye for approval. Council Minutes April 7, 2015 P a ge 4 o f 6 City Attorney presented Proposed Ordinance 3-15 for a second reading to adopt the 2015 Ordinance Code of the City of Owatonna. The first reading of the proposed ordinance was held during the March 17th Council Meeting and there have been no changes. American Legal Publishing Corporation completed the codification of the City’s ordinances which was last done in 1992. Council Member Schultz made a motion to approve the second reading of Proposed Ordinance 3-15, Council Member Raney seconded the motion. With a roll call vote, members voting aye: Raney, Dotson, Okerberg, Schultz, Burbank and Abraham; Nay: None; Absent: Svenby, the second reading was approved. This will be known as Ordinance 1520. City Attorney presented Proposed Ordinance 4-15 for a second reading. This ordinance will prohibit feeding of raccoons and other animals with the objective to prevent nuisance conditions associated with their feeding. The first reading was held and approved during the March 17th Council Meeting and there have been no changes to the proposed ordinance. Council Member Burbank made a motion to approve the second reading of Proposed Ordinance 4-15, Council Member Schultz seconded the motion. With a roll call vote, voting aye: Council Members Raney, Dotson, Okerberg, Schultz, Burbank and Abraham; and voting nay: None. The second reading of proposed Ordinance 4-15 was approved; this will be known as Ordinance 1521. Community Development Director Klecker presented the second reading of Proposed Ordinance 5-15 to rezone lots 1, 2 and 3, Block 1, Emerald Acres No. 3 from B-2, Community Business District to PUD, Planned Unit Development. The request was received from Ryan Wempen with The Cottages, LLC who plan to purchase this property currently owned by James Wanous, Wanous Farms. The Cottages, LLC is proposing to construct four 24-unit assisted living memory care units over the next 10 years based on market conditions. The property is currently three platted parcels and the applicant will file for an administrative lot combination for these parcels to be combined into one lot. The first reading of this proposed ordinance was approved during the March 17th Council Meeting with condition requiring review of our consultant’s report for stormwater control in this area prior to this second reading. The applicant has now submitted grading plans for this project and this is in compliance with the city’s plans for Phase I of the stormwater project for the SE area. The Planning Commission held a public hearing on this matter and recommend approval of this zoning change with the following recommendations: 1) The City Engineer shall approve of all final grading, drainage, and utility plans prior to construction commencing. 2) The lots shall be combined into one parcel prior to the first building permit being issued. 3) All signs shall have sign permits issued. 4) One 12’ x 12’ gazebo will be permitted to be constructed at the rear of each building. No other accessory structures will be permitted on the site. 5) The shed on the north side of the property shall be removed prior to the occupancy of the first building. 6) The private communication easement shall be released or relocated prior to a building permit being issued for the second building. Council Member Dotson made a motion to approve the second reading of Proposed Ordinance 515 with the recommendations made by the Planning Commission, Council Member Raney seconded the motion. With a roll call vote, voting aye: Council Members Raney, Dotson, Okerberg, Schultz, Burbank and Abraham; and voting nay: None. The second reading of proposed Ordinance 5-15 was approved; this will be known as Ordinance 1522. Council Minutes April 7, 2015 P a ge 5 o f 6 Community Development Director Klecker presented Resolution 38-15 approving the final plat of the Gateway Addition. The preliminary plat was approved via Resolution 35-15 with conditions recommended by the Planning Commission included in the resolution: 1) An access easement shall be provided to the public to allow the public to access Oak Avenue and the alley through the vacated portions of Oak Avenue. 2) The final plat shall be recorded within 60 days from the date of final approval. 3) The application shall provide the utility easements as shown on the proposed final plat drawing. 4) The title opinion shall be approved by the City Attorney prior to recording of the plat. Council Member Schultz made a motion to approve Resolution 38-15, Council Member Okerberg seconded the motion; all members present voted aye for approval. Public Works Director Skov presented Resolution 39-15 approving the bids and awarding the contract for the 2015 Street & Utility Project, Project No. 15001. The six bids received for this project were: Heselton Construction, LLC of Faribault, MN $658,864.41 James Brother Construction Inc. of Elysian, MN $663,446.18 BCM Construction of Faribault, MN $684,716.05 Wencl Construction Inc. of Owatonna, MN $719,195.95 JJD Companies, LLC of Blooming Prairie, MN $733,242.13 Ulland Brothers Inc. of Albert Lea, MN $768,187.46 The bids were 7.2% more than the engineer’s estimate of $614,226.35 for this project; however, Skov noted there have been significant cost increases in underground and construction costs since the report was prepared last fall and recommended accepting the bids. Council Member Raney made a motion to approve Resolution 39-15 approving the bids and awarding the contract to Heselton Construction, LLC of Faribault, MN for $658,864.41, Council Member Burbank seconded the motion; all members present voted aye for approval. Public Works Director Skov presented Resolution 40-15 approving the bids and awarding the contract for the 2015 Bituminous Pavement Reconstruction Project, Project No. 15003. There were three bids received for this project were: Crane Creek Asphalt of Faribault MN $640,839.98 Bituminous Materials Inc. of Faribault, MN $660,431.85 Ulland Brothers Inc. of Albert Lea, MN $695,975.89 The engineer’s estimate for this project was $716,112.65. Council Member Dotson made a motion to approve Resolution 40-15 approving the bids and awarding the contract to Crane Creek Asphalt of Faribault MN for $640,839.98, Council Member Burbank seconded the motion; all members present voted aye for approval. Public Works Director Skov presented Resolution 41-15 to approve the bids and award the contract for the 2015 Overlay Project, Project No. 15003. There were three bids received for this project were: Crane Creek Asphalt of Faribault MN $139,947.88 Bituminous Materials Inc. of Faribault, MN $144,986.83 Ulland Brothers Inc. of Albert Lea, MN $168,629.00 Council Minutes April 7, 2015 P a ge 6 o f 6 The engineer’s estimate for this project was $152,160.31. Council Member Schultz made a motion to approve Resolution 41-15 approving the bids and awarding the contract to Crane Creek Asphalt of Faribault MN at $139,947.88, Council Member Dotson seconded the motion; all members present voted aye for approval. Public Works Director Skov requested council approval to proceed with advertisement for bids for the 2015 CIPPS Project, lining of approximately 12,500 feet of sanitary sewer. The City has undertaken an aggressive sanitary sewer lining program, a similar length was completed during 2014. Council Member Dotson made a motion to proceed with advertising the 2015 CIPPS Project, Council Member Okerberg seconded the motion; all members present voted aye for approval. Community Development Director Klecker requested council acknowledgment of cancellation of the public hearing planned for April 21st to consider modification of Development District 3 and establishment of Tax Increment Financing No. 3-9. Bushel Boy Farms, LLC requested use of TIF for a 160,000 square foot expansion project of their greenhouse; however our consultant is now advising as an agricultural related project this project may not be TIF eligible. Staff has contacted the company and is investigating other options to assist in the project. Acknowledging cancelation of the public hearing will allow staff to not publish or post the hearing notices. Council Member Schultz made a motion to approve this acknowledgement, Council Member Dotson seconded the motion; all members present voted aye for approval. There were no comments heard during Public Comments. During Council Comments, Council Member Raney commented he has been working with a constituent regarding an unsightly compost pile in his neighbor’s backyard. Fire Commander Bruce Thomas has viewed the site and reported the pile has been there many years and not in violation of the City Code; currently, the city has no ordinances regulating compost piles. Council Member Raney asked property owners give consideration to their yard’s appearance and try to keep well maintained neighborhoods. Council Member Okerberg thanked Public Works Director Skov and the Public Works staff for preparation of the 2015 street construction projects. Council Member Schultz commented the warm weather has increased activity on the City’s trails and asked everyone to be aware of pedestrians. Student Rep Rasp thanked Council and Mayor for the opportunity to be here and participate in meetings. Mayor Kuntz thanked Public Works Director Skov and Community Development Director Klecker for their work on the obtaining the easement at Northland Farms, this will have a huge positive impact on the flow of water in this SE neighborhood. At 7:33 p.m., Council Member Raney made a motion to adjourn the meeting; Council Member Dotson seconded the motion, all members present voted aye and the meeting was adjourned. Dated: April 13, 2015 Respectfully submitted, Jeanette Clawson, Assistant City Clerk
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