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11-22-10 CCITEM 3_1 CITY OF OTSEGO CITY COUNCIL MEETING MINUTES November 22, 2010 7:00 P.M. Roll Call: Otsego City Council: Mayor Jessica Stockamp, Councilmembers Dan Scharber, Tom Darkenwald, Doug Schroeder and Vern Heidner. City Staff: City Administrator Michael Robertson, Finance Director Gary Groen, City Attorney Andrew MacArthur, City Engineer Ron Wagner and City Planner Daniel Licht. 1. Mayor Jessica Stockamp will call the meeting to order. Mayor Stockamp called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance. 2. Consider Agenda Approval Councilmember Heidner asked that 5.7. Approve 67th Street Refund be moved to 9.1. Councilmember Heidner, seconded by Councilmember Scharber, moved to approve the agenda as amended. Carried 5-0. 3. Consider the following minutes 3.1. November 8, 2010 City Council meeting minutes Councilmember Scharber, seconded by Councilmember Schroeder, moved to approve the November 8, 2010 City Council meeting minutes. Carried 5-0. 4. Open Forum Heather Eidem of New River Hospital said that Rob VanDenBerg of Otsego had been elected to the Hospital District Board of Directors. She also noted the upcoming hospice tree lighting and that the Hospital was now providing a nutrition presentation to area 3rd and 4th graders. 5. Consent Agenda 5.1. Approve Claims List. 5.2. Received October 12, 2010 HPC Minutes. 5.3. Received October 12, 2010 Police Commission Minutes 5.4. Received October 12, 2010 Parks & Recreation Meeting Minutes. 5.5. Approve Final Request to Omann Brothers, Inc. for Remington Coves Warranty Work in the amount of $10,144.42. 5.6. Approve Final Request to Omann Brothers, Inc. for Remington Coves Wear Course in the amount of $5,629.46. 5.7. Approve 67" Street Construction Refund. (Removed to 9.1) 5.8. Approve 2011 Fee Schedule. Councilmember Heidner, seconded by Councilmember Scharber, moved to approve the Consent Agenda as amended. Carried 5-0. 6. Unfinished Business No business. 7. Public Works No items. 8. City Planner 8.1. Source Construction Capital A. Zoning Ordinance Amendment Re: Setbacks within the R-5 and R-6 Districts. B. PUD-CUP to Allow a Reduction in Side Yard Setback Requirements. City Planner Licht gave the staff report, noting that Source Construction is asking for the same flexibility regarding side yard setbacks that was given to the other developer in the subdivision. Councilmember Heidner, seconded by Councilmember Schroeder moved to approve Ordinance 2010-11. Carried 5-0. 8.2. HPC Annual Report City Planner Licht reviewed the annual report of the Historic Preservation Commission which is required to be sent to the State Historic Preservation office. Mayor Stockamp, seconded by Councilmember Schroeder, moved to approve the Annual Report. Carried 5-0. 8.3. Formerly 5.7. Approve 67th Street Reconstruction Refund Councilmember Heidner, seconded by Councilmember Darkenwald, moved to change item 9.1. to 8.3. Carried 5-0. Councilmember Heidner asked if the City is refunding the money before it receives the taxes. City Planner Licht said yes, this is an obligation that the City is trying to clear from its books. City Engineer Wagner noted that the developer did the work at the request of the City and he is being reimbursed for that work. Councilmember Scharber, seconded by Councilmember Heidner, moved to approve the payment after receipt of May, 2011 taxes. Carried 5-0. 9.0. City Engineer City Engineer Wagner said that he had sent a letter to the Arbor Creek developer asking them to add type-3 barriers at the end of two street stubs off of MacIver Avenue. 10. City Attorney 10.1 Hospital District Update City Attorney MacArthur said that the Minnesota Supreme Court refused to hear the City's case against the Hospital District. The Council agreed to not pursue any further legal action. Administrator Robertson suggested they contact the State legislature to seek to have the law changed to allow a more equitable process for a government to leave a hospital district. The Council authorized a letter to be sent. 10.2. Closed Meeting Re: Property Acquisition Councilmember Darkenwald, seconded by Councilmember Schroeder, moved to close the meeting at 7:31 p.m. Carried 5-0. Mayor Stockamp, seconded by Councilmember Schroeder, moved to re -open the meeting at 7:38 p.m. Carried 5-0. Councilmember Heidner, seconded by Councilmember Scharber, moved to approve payment of $22,786.75 to George Benesh for an easement necessary to the expansion of State Highway 101. Carried 5-0. 11. City Council Items 11.1 Scharber & Sons Invoice Councilmember Heidner, seconded by Councilmember Schroeder, moved to approve the Scharber & Sons Invoice. Carried 4-0, Councilmember Scharber abstained. 12. City Administrator Administrator Robertson asked whether the Council wanted to hold the second Council meeting in December. Staff was not aware of any pressing business scheduled for that evening. Councilmember Scharber, seconded by Councilmember Darkenwald, moved to cancel the December 27, 2010 Council meeting. Carried 5-0. 13. Finance Director 13.1. Approve Liability Insurance. Finance Director Groen reviewed the proposed liability insurance package. The cost has decreased $14,389, or 9% from 2009. Councilmember Heidner, seconded by Councilmember Scharber, moved to approve the liability insurance policy. Carried 5- 0. 14. City Clerk No items 15. Adjournment Councilmember Scharber, seconded by Councilmember Darkenwald, moved to adjourn at 8:01 p.m. Carried 5-0. Michael Robertson City Administrator