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09-08-08 CCITEM 3-1 OTSEGO CITY COUNCIL MEETING OTSEGO CITY HALL SEPTEMBER 8, 2008 6:30 PM 1. Mayor Jessica Stockamp will call the meeting to order. Mayor Stockamp called the meeting to order at 6:30 PM. Roll Call: Mayor Jessica Stockamp; Councilmembers: Vern Heidner, Dan Scharber, And Mark Thorsted. Absent: Tom Darkenwald. Staff: Mike Robertson, City Administrator; Andrew MacArthur, City Attorney; Dan Licht, City Planner; Ron Wagner, City Engineer; Tami Loff, Deputy Clerk, Brad Belair, Public Works Supervisor, and Gary Groen, Finance Director. Pledge of Allegiance: Mayor Stockamp led with the Pledge of Allegiance. 2. Consider agenda approval. Mike Robertson requested to add item 10.2 GIS agreement and 12.1.Terra Development letter of credit. CM Heidner motioned to approve agenda as amended. Seconded by CM Scharber. All in favor. Motion carried. 3. Consider the following minutes. 3.1. August 25, 2008 City Council Minutes. CM Scharber motioned adoption of minutes as written. Seconded by CM Heidner. All in favor. Motion carried. 4. Open Forum: (5 minute limit) 4.1. Volunteer Acknowledgements- Denise Andrusko and Tim Lengquist. Mayor Stockamp presented certificates to National Night out Volunteer Denise Andrusko and to Tim Lengquist for his work as McGruff. Dan Limoseth, 14975 95"' St, Mr. Limoseth stated he has a problem with a neighbor at 8956 Ohland Ave. regarding underage drinking; partying and trespassing. He said has contacted Sheriff's Department. Mayor Stockamp suggested that he come to the Police Commission Meeting tomorrow night (September 9, 2008) to discuss with the deputies. 5. Consent Aaenda. (Non -controversial items). 5.1. Approve Claims List. 5.2. Approve Pay Estimate #7 to Rice Lake Construction in the amount of $117,928.25 for Well No. 8. CM Scharber motioned adoption of agenda. Seconded by CM Heidner. All in favor. Motion carried. 6. Unfinished Business.] No items. 7. Public Works. City Council Meeting September 8, 2008. Page 2. Brad Belair went over the proposal to seal coat bike paths. CM Heidner asked about Bargen Inc's quote at bottom of page -that city is responsible for any damages. Andy MacArthur said that it is Bargen's responsibility. Brad said the city has a contractor agreement with them. Mayor Stockamp asked the life expectation. Brad said approximately five years. CM Heidner asked if they are going to be crackfilled. Brad stated some have already been crack filled. This product will seal the smaller cracks. CM Heidner motioned to go ahead with the two companies Northern Chemical and Bargen Inc. Seconded by CM Scharber. All in favor. Motion carried. 8. Dan Licht, City Planner. 8.1. Consider changes to Firearms No Discharge Map. Dan Licht presented the Planners Report. John Zachman and his daughter Amy requested to hunt on the Joseph Waxmeiller property - 6172 Jansen Avenue NE. City Council agreed that they could but Mr. Zachman would be responsible to pay publishing costs for the revised maps. CM Scharber motioned to approve Ordinance 08-17 No Discharge Map. Seconded by CM Thorsted. All in favor. Motion carried CM Scharber motioned to approve amending publication of No Discharge Zone Map Resolution 08-56. Seconded by CM Heidner. All in favor. Motion carried. 8.2. Abandoned and foreclosed properties poliglQrocedure. Dan Licht presented the Planners Report. CM Heidner motioned adoption of Resolution 08-57 establishing Policies and Procedures related to foreclosed and Abandoned Properties. Seconded by CM Scharber. All in favor. Motion carried. 9. Ron Wagner, City Engineer. 9.1. Set tentative Assessment Hearing date for Quantrelle Avenue water and sewer ro'ect. Ron Wagner requested setting a date for an assessment hearing for the Quantrelle Avenue Water and Sewer Improvement. Ron presented 3 different schedules for assessment rates. Mike Robertson said current standards are 10 years at 5%. CM Heidner said we should pick tonight so that we can mail the schedule to Mississippi Riverwood Association. CM Heidner motioned to approve 20 years at S% for Mississippi Riverwood Assn. with a one year deferment if they sign the waiver. Otherwise, standard rates apply. Seconded by CM Scharber. All favor. Motion carried. CM Scharber motioned to approve 10 years at 5% for Nathe Addition unless developed. Seconded by CM Thorsted. All in favor. Motion carried. Assessment Hearing date set for November 10, 2008 at 5:30 PM. CM Scharber motioned to set the Assessment Hearing date. Seconded by CM Thorsted. All in favor. Motion carried. 10. Andrew MacArthur, City Attornex. PUBLIC HEARING: City Council Meeting September 8, 2008. Page 3. 10.1. Church of Jesus Christ of Latter-day Saints vacation of drainage & utility easement. Andy MacArthur went over the request to vacate the described existing drainage and utility easement. Applicant's architect, Edward Kodet, Kodet Architectural Group, was present to answer questions if needed. Mayor Stockamp opened the public hearing at 7:26 PM. Robert Hines, 9366 Naber Ave, would like a copy of the plans. He had concerns with their septic location and with traffic and also would like to know the seating capacity of the church. Dan Licht went over prior approval of the church. There would be a pond between the church parking lot and Mr. Hines property. Mr. Hines is concerned with the septic drain field and felt it is too close to his garden and his well. Ron Wagner said it must be at least 50 feet from any well and at least 10 feet off property line. Ed Kodet said the church has a 272 seating capacity. He said that they will meet any setbacks required. He said that Mr. Hines can contact him with questions and that he will get him a copy of the plans. After no further comments Mayor Stockamp closed the public hearing at 7:33 PM. Mr. Hines said he is requesting to have them screen the property with a berm. Mr. Licht said that in the original plan the screening is just landscaping, not a berm. Mr. Hines said that he would like them to add the dirt they are pulling up from drainage pond to make a berm if possible. CM Scharber motioned to approve Res 08-58 approving partial vacation of existing drainage and utility easements in Hidden Creek Trails. Seconded by CM Thorsted. All in favor. Motion carried. 10.2. GIS Agreement. Mike Robertson went over the agreement. Mike stated that 3M and GIS Rangers have split up and that the contract would be just with GIS Rangers. CM Heidner asked if the separation of the two companies would have any effect on agreement. Ron Wagner said that they will still have working relationship with 3M. CM Heidner stated he is worried about the website agreement. Andy said that can check the licensing agreement. CM Scharber motioned to table until next City Council meeting. Seconded by CM Thorsted. All in favor. Motion carried. 11. Council Items. 11.1. Set Special Council Meeting for September 15 at 5:30 PM. CM Heidner motioned to set the 2009 Budget and Tax Levy Special Meeting for September 15, 08 at 5:30 PM. Seconded by CM Scharber. All in favor. Motion carried. 12. Mike Robertson, City Administrator. 12.1. Terra Letter of Credit. Mike Robertson went over the request from Terra regarding their Letter of Credit. The City Council requested Andy MacArthur draft up an Amendment to the Developer's Agreement for the next meeting. Mike said that Wright County approved the right out on Parrish Ave for SuperTarget. 13. Judy Hudson, City Clerk. No items. City Council Meeting September 8, 2008. Page 4. 14. Adjourn by 10 PM. There will be a table at the Otsego Festival with Kurt Neidermeyer and Joe MacPherson for the Otsego Water Department. The Police Commission will also have a table. CM Scharber motioned to adjourn. Seconded by CM Heidner. All in favor. Motion carried. Adjourned at 8:00 PM. Mayor Jessica Stockamp ATTEST: Judy Hudson, City Clerk/Zoning Admin. Written by: Tami Loff, Deputy Clerk