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07-12-10 CCITEM 3-1 OTSEGO CITY COUNCIL MEETING OTSEGO CITY HALL 3ULY 12, 2010 7:00 PM 1 Mayor Jessica Stockamp will call the meeting to order. Mayor Stockamp called the meeting to order at 7 PM. Roll Call: Mayor Jessica Stockamp; Councilmembers: Vern Heidner, Dan Scharber and Tom Darkenwald. Staff: Mike Robertson, City Administrator; Tam! Loff, City Clerk; Gary Groen, Finance Director; Daniel Licht, City Planner; Ron Wagner, City Engineer; Andy MacArthur, City Attorney. Pledge of Allegiance: Mayor Stockamp led in the pledge of Allegiance. 2. Consider agenda approval. City Administrator Robertson requested to add item 11.2 People Service Adjustment letter. City Clerk Loff requested to add A & E Cabinetry invoice. CM Heidner motioned to approve as amended. Seconded by CM Scharber. All in favor. Motion carried. 3. Consider the following minutes. 3.1. June 14, 2010 City Council Workshop. CM Darkenwald motioned to approve as written. Seconded by CM Scharber. All in favor. Motion carried. 3.2. June 14, 2010 City Council Meeting. CM Scharber motioned to approve as written. Seconded by CM Heidner. All in favor. Motion carried. 3.3. June 24 2010 Special City Council Meeting. CM Darkenwald motioned to approve with date change on minutes to 3une 24, 2010. Seconded by CM Scharber. Motion carried 3-0. CM Heidner abstained. 4. Open Forum: (5 minute limit) Lisa Arp, 8380 Padget Ave NE, is requesting a permit to close street along Padget Ave between 85th and 84th St, August 7 from 5:30PM-10PM. They will be having a birthday party for three teenagers on the block and the surrounding neighbors are aware of it. Ms. Arp said that she just spoke with the Sheriffs department and they had no issue with it. CM Scharber said he would rather not see tents in the street so that emergency vehicles can get through. CM Heidner said he is concerned with that as well. Ms. Arp said that the tent would not take up the whole street. Ms. Arp said that the Sheriff Dept said they can get barricades from the city. City Planner Licht said that they would need to rent their own barricades. CM Darkenwald asked about the Ordinance. City Planner Licht said that closing the street right of way is a City Council decision. CM Darkenwald asked the City Attorney if he see any issues. City Attorney MacArthur said he would see issues with the tent in the street. CM Darkenwald motioned to approve as long as the tent is not in the street, that they rent their own barricades and contact the neighbors. Seconded by CM Scharber. All in favor. Motion carried. 5. Consent Agenda. (Non -controversial items). 5.1. Approve Claims List. City Council Meeting July 12, 2010. Page 2. 5.2. Adopt Resolution 2010-16 setting a Public Hearing on proposed assessments for unpaid and fees and charges related to code enforcement. 5.3. Adopt Resolution 2010-21 appointing Election Judges for 2010. 5.4. Adopt Resolution 2010-22 authorizing an absentee Ballot Board for General Elections. 5.5. Approve Delta Dental Renewal Rates. 5.6. A & E Cabinetry invoice. CM Heidner motioned to approve. Seconded by CM Schaber. All in favor. Motion carried. 6. Unfinished Business. 6.1. Review of Great River Centre Agreement. City Attorney MacArthur reviewed the updated Great River Centre agreement. CM Darkenwald asked where the six lights are going to be located. City Engineer Wagner said they will be spaced out on Quaday Avenue. There will eventually be twelve lights as planned. CM Heidner asked where the money will come from for the work that needs to be complete by July 15. City Attorney MacArthur said it would come from the escrow. City Planner Licht said the city is still holding Letter of Credit that lender doesn't want us to cash. CM Scharber questioned who is going to sign this agreement because there have been three different people before Council representing Appello. City Attorney MacArthur said it has to be an officer of the company CM Heidner asked if this can be signed by their lender too. City Attorney MacArthur said that can be added to the agreement "subject to their consent" we have done that in the past. Finance Director Groen said that Appello is caught up on the property taxes through 2009 but not the assessments except for the property that was sold. City Council directed City Attorney MacArthur to draft a condition that Appello provide us with current papers with officers listed. CM Scharber motioned to approve the Great River Centre agreement with City Attorney adding line on agreement for 21stCentury to sign off and get a list of officers from Appello. Seconded by CM Darkenwald. Motion carried 3-1. CM Heidner opposed. CM Heidner said he is not very comfortable with this and wants Appello to know they are just one vote away from being turned down next time. 7. Public Works. 7.1. U12date on Frankfort Park. City Administrator Robertson gave an update on the park construction. Mayor Stockamp asked about the tennis court. City Administrator Robertson said that there are soil issues. City Engineer Wagner said with the wet weather the area is not draining as fast as they thought it would. City Planner Licht said that Midwest Landscaping will be out Wednesday to install the rest of the trees. Sue Krekelberg, 17055 56th St, Parks & Rec Commission member, asked about the tennis court. Mayor Stockamp said that the City Council decided at the last City Council meeting to blacktop only. Mrs. Krekelberg asked if it is the consulting fees that put it over budget and said there was never an established amount for consulting fees for SRF. She also wanted to know how any changes will be communicated to the residents. City Planner Licht said the intent would be to finish the tennis court once more Park fees come in. Mayor Stockamp directed staff to compare the consulting fees from the other parks. 8. Daniel Licht, City Planner. City Council Meeting July 12, 2010. Page 3. 8.1. HPC Historic Site Map. City Planner Licht reviewed the $500 cost to include the proposed HPC Historic Site map in the city newsletter. A PDF would be available for the website and for the Commission to make copies to hand out at the Otsego Festival. City Administrator Robertson said Chris Wilson said she would be available to hand them out at the Festival. Mayor Stockamp asked if the residents have been contacted. City Planner Licht said that it was brought up to the HPC to contact the residents listed. Mayor Stockamp said she feels that the residents should be contacted first. CM Scharber said we need written permission from the property owners. Mayor Stockamp motioned to direct staff to send letter to residents listed in map. Seconded by CM Heidner. All in favor. Motion carried. 9. Ron Wagner, City Engineer. PUBLIC HEARING: 9.1. Christopher White: a. Vacation of Drainage and Utility Easement. Mayor Stockamp opened the Public Hearing at 7:54 PM. Applicant Karl White was present. CM Scharber asked why there was an easement through the property. City Engineer Wagner said it was for a sewer that was later moved. CM Heidner asked if the applicant is paying all the cost to do this. City Engineer Wagner said yes. Mayor Stockamp closed the Public Hearing at 7:56 PM. CM Heidner motioned to approve Resolution 2010-19 approving a vacation of a portion of a drainage and utility easement at Lot 1, Block 12 Riverwood National. Seconded by Mayor Stockamp. All in favor. Motion carried. NON HEARING ITEM: 9.2. 2010 Seal Coating Project. City Engineer Wagner reviewed the project. He said most roads are sealcoated two or three times after construction and once after they are overlaid. City Engineer Wagner said August 3 the bids will open and then it will be back to the City Council on August 9. The work will start August 15 and be done by September 10tn CM Heidner motioned to approve Resolution 2010-23 approving plans and specifications and ordering advertisement for bids. All in favor. 10. Andrew MacArthur, City Attorney. 10.1. Resolution 2010-17 setting a Public Hearing for Remington Coves assessment. City Attorney MacArthur said it this is an assessment hearing against certain lots within Remington Coves for work done to complete the wear course in the subdivision. This is scheduled for the second meeting in August. CM Heidner asked if there are properties in this development that will not be affected by this. City Engineer Wagner said 18. City Attorney MacArthur said the developer's agreement allows us to assess for uncompleted work. CM Heidner motioned to approve Resolution 2010-17 with three years and 6% interest. Seconded by CM Darkenwald. All in favor. Motion carried. 10.2. Resolution 2010-20 to draw Friendship Addition LOC. City Attorney MacArthur reviewed the letter authorizing a draw on the LOC for Friendship Addition. The LOC was originally issued by Riverview Community Bank which has been taken City Council Meeting July 12, 2010. Page 4. over by Central Bank. City Attorney MacArthur said that we need to make draw prior to termination date. CM Heidner motioned to approve Resolution 2010-20 authorizing draw on LOC. Seconded by Mayor Stockamp. All in favor. Motion carried. City Attorney MacArthur updated the City Council that the Knisley assessment appeal was dismissed. 11. Council Items. 11.1. Community Education Recreation Agreement. City Administrator Robertson reviewed the agreement. This has been approved by the Parks & Rec Commission. CM Heidner said he would like to know if any other community has the same or similar agreement for programs. City Administrator Robertson said this is probably going to be the model. CM Scharber asked what this is costing us. Finance Director Groen said we budgeted $31,000 for 2010. CM Scharber motioned to approve. Seconded by Mayor Stockamp. All in favor. Motion carried. 11.2. People Service Adjustment letter. City Administrator Robertson said he just got PeopleService's mid year adjustment letter. This includes a 2.2 increase based on the CPI. CM Heidner said did we confirm that? Should look at the contract. City Council agreed to table and bring back to the next City Council meeting. 12. Mike Robertson, City Administrator. 12.1. Resolution 2010-18 MMUA Mutual Aid Assistance. City Administrator Robertson said if you are a member they will provide this to us if there is some kind of major disaster. Council asked if there was a cost. City Administrator Robertson said only if you ask for assistance. CM Darkenwald motioned to approve Resolution 2010-18 MMUA Mutual Aid Assistance. Seconded by CM Scharber. All in favor. Motion carried. 13. Gary Groen, Finance Director. 13.1 Preliminary 2011 Budget. Finance Director Groen reviewed. CM Heidner said he liked getting this information earlier this year and City Council agreed. The City Council set August 9, 2010 for a Budget Workshop following the regular scheduled City Council meeting. 14. Tami Loff, City Clerk. 14.1. PW copier quote. City Clerk Loff presented quote for a color copier for the Public Works building. Council questioned the amount and if color copier was really needed. This will be brought to the Public Works sub committee meeting. 15. Adjourn by 10 PM. Council discussed a splash pad in Prairie Park. Council said to bring back to the Parks & Rec Commission to get a concept plan. City Council Meeting July 12, 2010. Page S. Mayor Stockamp updated the City Council that the Police Commission received a $600 donation check from Target Corporation for National night out. City Engineer Wagner updated the City Council that the city received a $10,000 Wellhead grant from the State. CM Scharber motioned to adjourn. Seconded by CM Darkewald. All in favor. Motion carried. Adjourned at 9:39 PM. Mayor Jessica Stockamp ATTEST: Tami Loff, City Clerk