10-26-09 CCITEM 3_7
OTSEGO CITY COUNCIL MEETING
OTSEGO CITY HALL
OCTOBER 26, 2009
7:00 PM
1. Mayor Jessica Stockamp will call the meeting to order.
Mayor Stockamp called the meeting to order at 7:14 PM.
Roll Call: Mayor Stockamp; Councilmembers: Heidner, Darkenwald and Scharber.
Staff: Mike Robertson, City Administrator; Tami Loff, City Clerk; Gary Groen, Finance Director;
Andy MacArthur, City Attorney; Ron Wagner, City Engineer and Brad Belair, Public Works
Supervisor. Dan Licht, City Planner arrived at 7:25 PM. Sandy Lindenfelser, Special Licensing
and Harold Lenard, Building Official.
Pledge of Allegiance: Mayor Stockamp led in the Pledge of Allegiance.
2. Consider agenda approval.
CM Scharber requested to add item 9.2 County Road 36 Construction. City Administrator
Robertson requested to add item 11.4 Meeting with Sheriff and item 11.5 Administrative Sub -
Committee Meeting. CM Darkenwald requested to move item 5.2 to 10.2.
CM Heidner motioned to approve as amended. Seconded by CM Scharber. All in
favor. Motion carried.
3. Consider the following minutes.
3.1. October 12, 2009 City Council Meeting.
CM Heidner motioned to approve as written. Seconded by CM Scharber. Motion
carried.
3.2. October 19, 2009 6PM City Council Workshop.
CM Heidner motioned to approve as written. Seconded by CM Darkenwald. Motion
carried 3-0. CM Scharber abstained.
3.3. October 19, 2009 7PM City Council Workshop.
CM Heidner motioned to approve as written. Seconded by CM Darkenwald. Motion
carried 3-0. CM Scharber abstained.
4. Open Forum: (5 minute limit)
S. Consent Agenda. (Non -controversial items.
5.1. Approve Claims List.
5.2. Resolution 2009-41 establishing a fee for lot grading review and additional
review. -REMOVED
5.3. Received September 8, 2009 Police Commission Minutes.
5.4. Received September 9, 2009 Parks & Recreation Minutes.
5.5. Resolution 2009-42 accepting quote for Smith Pond Grading in Otsego
Commercial Park.
CM Scharber motioned to approve with removal of item 5.2. Seconded by CM
Darkenwald. All in favor. Motion carried.
6. Unfinished Business.
6.1. Update on Bike Path Crosswalks
City Council Meeting October 26, 2009. Page 2.
City Engineer Wagner presented a Resolution relating to Palmgren Ave and Parell Ave advisory
traffic signs. CM Darkenwald asked does this have any effect on other developments in the City.
City Engineer Wagner said this planned unit was given special design consideration and other
developments meet the City's standards for curve design.
CM Scharber motioned to approve Resolution 09-40. Seconded by CM Darkenwald.
All in favor. Motion carried.
7. Public Works.
7.1. Adopt—A-Street application from Woman of Today.
Public Works Supervisor Belair said he spoke with the County Highway Department and they
said they would not allow signs in their right-of-way. City Council directed him to contact the
County Engineer and also to notify the applicant.
7.2. Apl2roval of Snow Plowing Poligy.
Public Works Supervisor Belair presented. CM Darkenwald asked for a map showing 1s�, 2"d, 3rd
priorities, etc. Public Works Supervisor Belair will put together an updated map.
CM Heidner motioned to approve Snow Plowing and Ice Control Policy 2009-10
dated 10-20-09. Seconded by CM Scharber. All in favor. Motion carried.
CM Heidner asked when the new used truck would arrive. Public Works Supervisor Belair said
around December 1.
8. Dan Licht, City Planner.
8.1. Fire Inspection Ordinance.
City Planner Licht presented an Ordinance establishing that the Department of Building Safety is
responsible for the inspection process and will coordinate with the contracted inspector. CM
Scharber asked how this will be monitored. City Planner Licht said by the Department of
Building Safety. This will help the City recover costs incurred with inspections required by the
Fire Code. No additional training is required because we will contract for the inspections.
CM Heidner motioned to approve Ordinance 09-13 amending the City Code relating
to fire permits and inspections. Seconded by CM Scharber. All in favor. Motion
carried.
9. Ron Wagner City Engineer.
9.1. Water Tower Update.
City Engineer Wagner reviewed. CM Heidner asked who owns the property. City Administrator
Robertson said he had spoken to several people that claim they own it. CM Heidner said that
the County still has Shelard Investment as the property owner. Who would any money go to?
City Attorney MacArthur said whoever is listed as the property owner through the County would
receive any settlement. CM Heidner said before any checks are written they need proof of who
the owners are. City Administrator Robertson said that all calls should go to the insurance
agent. CM Darkenwald asked that the City Council be copied on any documents received. Mayor
Stockamp asked City Engineer Wagner if they knew what happen yet. City Engineer Wagner
said that a transducer appears to have malfunctioned.
9.2. County Road 36 Construction.
CM Scharber said at the Public Works Sub -Committee meeting the lack of construction on
County Road 36 was brought up and they directed City Engineer Wagner to inquire. City
City Council Meeting October 26, 2009. Page 3.
Engineer Wagner and City Administrator Robertson spoke with County Engineer Wayne
Finlayson and relayed the concern that it would not be finished this year and that it must be
opened with at least a gravel surface for the winter. CM Scharber said it is a safety issue and
with fire and ambulance it is tripling the response time. CM Heidner said it still states on the
County's website to be completed by the end of November. City Administrator Robertson wrote
a letter to the County Engineer and will follow up with County Commissioner Pat Sawatzke.
10. Andrew MacArthur City Attorney.
10.1. Riverwood National Liquor License.
City Attorney MacArthur reviewed the letter received from Chris Bulow.
Chris Bulow, 11690 95"' St, they have no intensions for a liquor store. This request would give
15 days for special events that would allow wine, beer or liquor and no more than two days in a
row. Mr. Bulow said they will not be advertising that they have an off sale license and people
will not be coming in to buy. CM Heidner said he thought that was discussed at one time. Mr.
Bulow said it was discussed but that is not what he is looking for. City Administrator Robertson
said the application is fine but the agreement needs to be modified. CM Scharber asked if 15
days is going to be enough. Mr. Bulow said yes. CM Heidner asked how the City will know the
event dates. City Attorney MacArthur said we can put that in the agreement and we will enforce
no matter what license. City Planner Licht said that we could just change wording in the
agreement from wine to intoxicating liquor.
CM Heidner motioned to amend agreement to change wine to intoxicating liquor.
Seconded by CM Scharber. All in favor. Motion carried.
Riverwood National Liquor violation -
Mayor Stockamp and City Administrator Robertson talked with the Sheriffs Department. They
have changed their policy and are not prosecuting people who sell to minors unless they feel it
was deliberate.
Chris Bulow, Riverwood National owner said they have employee's go through training and the
only thing they can do is fire them for violations if the County won't prosecute them. Mayor said
she told the Wright County Sheriff Department that local businesses should have been notified
of the change in policy.
Mr. Bulow said if the County isn't going to prosecute then why the City should enforce. Mayor
Stockamp said having a liquor license you run the risks that go with it. City Attorney MacArthur
said this is a civil fine. CM Scharber said need to move forward and have discussion with the
sheriff and then see if we need to change our Ordinance.
CM Scharber motioned to approve Res 2009-37 imposing a civil penalty and other
sanctions on Riverwood National Golf Course in the amount of $2,000 and one day
suspension and mandatory Best Practices Training. Seconded by CM Heidner. All in
favor. Motion carried.
10.2. Resolution 2009-41 establishing a fee for lot grading review and additional
review
City Attorney MacArthur reviewed. Staff is recommending that the grading cost be added to the
building permit rather than in the developer's escrow as required in the Developer Agreement.
When there was heavy building there was no problem with Developers meeting escrow
obligations. Now the fees are billed to the developers who sold their lots years ago. If there are
problems they are usually caused by the builder. The Department of Building Safety
City Council Meeting October 26, 2009. Page 4.
thought it should be attached to the building permit. City Planner Licht said it puts the fee to
the party responsible for the grading. This would start January 11.
CM Darkenwald motioned to approve Res 09-41 establishing a fee for lot grading
review and additional review. Seconded by CM Heidner. All in favor. Motion carried.
11. Council Items.
11.1. Council Appointment Process.
City Administrator Robertson reviewed the appointment process and application. CM
Darkenwald said questions 7 and 8 are basically the same. CM Heidner said that there should
be an information session before the applications are due and would like to see the last
paragraph on the application state that City Council encourages applicants to attend City
Council meetings and workshops so that they are familiar with the issues. CM Scharber said
there should also be a cover letter making the point that the City Council is not required to fill
the seat and they may not. CM Scharber also asked that if possible to request an electronic
application so that is legible. CM Darkenwald said he thinks a back ground check should also be
done.
CM Scharber motioned to adopt with changes and remove question #8. Seconded by
Mayor Stockamp. All in favor. Motion carried.
11.2. Appoint Newsletter Editor.
CM Scharber asked the budget for this item. Finance Director Groen said it is $17,500 for six
issues with mailing cost, paper and printing. It would be a $300 per issue increase for color.
Mayor Stockamp said both of the two candidates were excellent. CM Heidner said he was
encouraged by all the applicants and if we don't like the applicant we end up choosing then we
can change.
CM Darkenwald motioned to appoint Pat Brink from Brink PR. Seconded by CM
Scharber. All in favor. Motion carried.
11.3. Health Insurance Renewal (Groen)
Finance Director Groen reviewed 2010 quote. It is up 1.09% over 2009.
CM Scharber motioned to approve. Seconded by CM Darkenwald. All in favor. Motion
carried.
11.4. Meeting with Sheriff.
City Council choose possible dates for the annual meeting with the Sheriff. Either November 9"'
at 6PM or November 16"' at 5PM. City Administrator Robertson will contact the Sheriff.
11.5. Administrative Sub -committee meeting
City Council set the meeting for November 18th at 9:30 AM.
12. Mike Robertson City Administrator.
12.1. Otsego Creek Meeting.
City Administrator Robertson said he has heard no response from Albertville.
12.2. Commission Applicants.
CM Scharber suggested that the commissions interview these applicants and then bring back a
recommendation to the City Council. CM Darkenwald agrees but would not include the Planning
Commission. City Council agreed and it will be added to their agendas.
CM Scharber said that the Heritage Preservation Commission (HPC) doesn't have to be a
Council liaison with Mark Thorsted gone. They can still be a group that meets just not at City
City Council Meeting October 26, 2009. Page S.
Hall. He feels they should be removed from the budget. City Planner Licht said that would
require a change in the Zoning Ordinance. A Public Hearing would be required.
CM Scharber motioned as discussed. Seconded by CM Darkenwald. All in favor.
Motion carried.
13. Tam! LofP, City Clerk.
14. Adjourn by 10 PM.
CM Scharber motioned to adjourn. Seconded by CM Darkenwald. All in favor. Motion
carried. Adjourned at 9:20 PM.
ATTEST:
Tam! Loff, City Clerk
Mayor Jessica Stockamp