01-11-10 CCITEM( 3-1
OTSEGO CITY COUNCIL MEETING
OTSEGO CITY HALL
JANUARY 11, 2010
7:00 PM
1 Mayor Jessica Stockamlwill 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; Tami Loff, City Clerk; Gary Groen, Finance Director;
Andy MacArthur, City Attorney; Dan Licht, City Planner; Ron Wagner, City Engineer.
Pledge of Allegiance: Mayor Stockamp led in the pledge of Allegiance.
2. Consider agenda approval.
Mayor Stockamp requested to add item 11.3 Appointments to City Commissions and 11.4
Workshop for Vacant City Council Seat. CM Darkenwald requested to move item 5.4 to 11.5.
CM Heidner motioned to approve as amended. Seconded by CM Scharber. All in
favor. Motion carried.
3. Consider the following minutes.
3.1. December 14, 2009 City Council Meeting.
CM Scharber motioned to adopt as written. Seconded by CM Darkenwald. All in
favor. Motion carried.
4. Open Forum: (5 minute limit)
Pat Hilden. 7094 O'Dell Ave, President of Otsego River Riders Snowmobile Club, said they have
two new board members this year and are up to 45 members. The club is looking at having a
membership drive; they would like to have a portable tent and open fire at the snowmobile trail
intersection of Naber Ave and Cty Rd 39 in February or March. City Planner Licht said he will
look into what is required. Mr. Hilden said they have had only two complaints so far this year
and that he encourages the City Council to have the Sheriff's department ticket when people
are riding illegally. Mayor Stockamp asked the status on the new signs that are to go up. Mr.
Hilden said they have a design picked out and he will have to check with Rob Vandenberg to
get the status.
5 Consent Agenda. (Non -controversial items).
5.1. Approve Claims List.
5.2. Otsego/Monticello Fire Service Contract Renewal.
5.3. Approve Resolution 2010-01 Adopting an Official Newspaper.
5.4. Approve Resolution 2010-02 Establishing Depositories for City Funds. (REMOVED
5.5. Approve Pay Request in the amount of $3,309.85 to SRF for Otsego Parks.
5.6. Received October 13, 2009 Police Commission Minutes.
5.7. Approve Pay Request #6 for Otsego Creek Restoration to Doboszenski and Sons,
Inc. in the amount of $19,208.63.
5.8. Received November 18, 2009 Parks & Rec Commission Minutes.
5.9. LMC Liability Coverage -Waiver Form.
5.10. 2010 Garbage Hauler Licenses.
5.11. Approve Release of Zimmer Farms (1 thru 6) Escrow in the amount of
approximately $31,000.
City Council Meeting 3anuary 11, 2010. Page 2.
CM Heidner motioned to approve as amended. Seconded by CM Scharber. All in
favor. Motion carried.
6. Unfinished Business.
6.1. Review of Newsletter.
Finance Director Groen reviewed the paper weight and color options to the City Council. CM
Scharber reminded Mr. Brink that they would like to see a bigger logo on the address page so
people recognize that it's from the City. Mr. Brink said they will work on that. City Council
agreed on the 4 color, two sided, 70# paper.
7. Public Works.
No items.
8. Dan Licht, City Planner.
8.1. Duke Realty:
A. Interim Use Permit (IUP) to allow farming within an I-2 District.
City Planner Licht presented the Planner's report. CM Heidner said this will not have any impact
on their property taxes. City Planner Licht said correct. City Planner Licht said the interim use
permit would go away when they final plat a lot for building.
CM Heidner motioned to approve an interim use permit allowing farming activities
within an 1-2 District subject to the five conditions listed in the Planner's report
dated 3anuary 6, 2010. Seconded by CM Schaber. All in favor. Motion carried.
8.2. Variance to Septic System setback for 6263 Ouale Ave.
City Planner Licht presented. The existing septic system has been found to be noncompliant.
Applicant is requesting to construct within the 10 foot right-of-way and staff agrees that is the
only place due to the topography of the lot. CM Heidner said there needs to be a survey.
CM Heidner motioned to approve variance at 6263 Quale Ave with condition
including that the applicant shall submit a certificate of survey showing
construction of the ISTS entirely within the boundaries of the subject site and in
compliance with all applicable setbacks except that addressed by the variance.
Seconded by CM Scharber. All in favor. Motion carried.
9. Ron Wagner, City Engineer.
9.1. Update on Bob's Produce Street Light Issue.
City Engineer Wagner presented an option for the lighting issue at the old Bob's Produce. City
Council can install temporary lights at an estimated cost of $7,500 which would be located in
the city's easement and have the City Attorney write a letter notifying current owner that the
cost would be assessed to the property. Or they can restore power to the existing lights which
would cost them about $12 a month to turn on. CM Darkenwald asked if the property owner
has been notified. City Planner Licht said a letter was sent to the owner and we had no
response. Council agreed for the City Attorney to send letter.
9.2. Update on Lift Station #1 Upgrade (Quaday Ave).
City Engineer Wagner reviewed and is looking for recommendation from the City Council to go
forward with liquidated damages. City Attorney said going thru documents whatever is contract
between contractors and prime that is between them and the motion should say the full
amount.
CM Heidner motion to impose the full amount of liquidated damages ($40,200.00)
against RL Larson for delays in Quaday Avenue Lift Station Project pursuant to City
City Council Meeting January 11, 2010. Page 3.
Engineer's calculation, with liquidated damages reduced to current amount of
retainage ($10,000.00) contingent upon RL Larson signing a written waiver waiving
any right to contest liquidated damages. Seconded by CM Scharber. All in favor.
Motion carried.
9.3. Update on Rockwoods Illicit Discharge.
City Engineer Wagner said this has been taken care of and is looking on direction on what to if
any to invoice Rockwoods. City Engineer Wagner said that he told them if they took care of the
problem in a timely matter that a fine would not be charged but they are aware they would
have to pay for the services. These include 4 hrs time at $50 an hour and $85 materials to
Peopleservice and $1,416.77 for Hakanson Anderson.
CM Scharber motioned to invoice in the amount of $1701.77. Seconded by CM
Darkenwald. All in favor. Motion carried.
10. Andrew MacArthur, City Attorney.
10.1. GIS Contract.
City Attorney MacArthur said this is the same contract the City had signed in 2009 with updated
dates. City Administrator Robertson said we would own data and documents and GIS Rangers
would contain ownership of their coding but we would have access to them. City Administrator
Robertson said he will make sure they don't go over budget. CM Heidner said the cost will go
down in years to come when the system is established.
CM Heidner motioned to approve based on information provided. Seconded by CM
Scharber. All in favor. Motion carried.
City Attorney MacArthur updated the Council on the Monticello Hospital District; he did receive
the transcript from the Hospital District and have prepared a brief which is due by next
Thursday.
11. Council Items.
11.1. Appoint Mayor Pro Tem.
CM Scharber motioned to appoint Vern Heidner acting Mayor in accordance with
Minnesota Statute 412.121. Seconded by CM Darkenwald. Motion carried. 3-0. CM
Heidner abstained.
11.2. Resolution 2010-03providing for the issuance and sale of $395 000 General
Obligation Equipment Certificates of indebtedness.
Finance Director Groen reviewed the financing for the ]et Vac. The actual amount has been
reduced to $385,000 because of good bids.
CM Scharber motioned to approve Resolution 2010-03. Seconded by CM Heidner. All
in favor. Motion carried.
11.3. Appointments to City Commissions.
CM Heidner motioned to approve. Seconded by CM Scharber. All in favor. Motion
carried.
11.4 Workshop for Vacant City Council Seat.
City Council set Workshop to review on Tuesday, February 16t' at 6 PM.
11.5. Approve Resolution 2010-02 Establishing Depositories for City Funds
CM Darkenwald said in Item 2 that 100 percent should be added after insured by FDIC.
CM Darkenwald motioned to approve Resolution 2010-02 with changes. Seconded
by CM Heidner. Motion carried.
City Council Meeting January 11, 2010. Page 4.
12. Mike Robertson Citv Administrator.
12.1. Meeting with Albertville.
City Council agreed February 2"d does not work. City Council set February 25d' at 7PM.
12.2. State of the Cities Event.
City Administrator Robertson will attend.
12.3. 2010 Population Estimate.
City Administrator Robertson estimated Otsego's population at 14,647
13. Tam! LofF City Clerk.
No items.
14. Adjourn by 10 PM.
CM Schaber motioned to adjourn. Seconded by CM Darkenwald. All in favor. Motion
carried. Adjourned at 8:23 PM.
Mayor Jessica Stockamp
ATTEST:
Tam! Loff, City Clerk