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04-11-11 CCITEM 3-1 OTSEGO CITY COUNCIL MEETING OTSEGO CITY HALL APRIL 11, 2011 7:00 PM 1. Mayor Jessica Stockamp will call the meeting to order. Mayor Stockamp called the meeting to order at 7:00 PM. Roll Call: Mayor Stockamp; Council Members: Vern Heidner, Dan Scharber, Tom Darkenwald and Doug Schroeder. Staff: Gary Groen, Finance Director; Tami Loff, City Clerk; Daniel Licht, City Planner; Ron Wagner, City Engineer; Andy MacArthur, City Attorney and Brad Belair, Public Works Supervisor. Pledge of Allegiance: Mayor Stockamp led in the Pledge of Allegiance. 2. Consider agenda approval. CM Heidner motioned to approve. Seconded by CM Scharber. All in favor. Motion carried. 3. Consider the following minutes. 3.1. March 28, 2011 City Council Meeting. CM Darkenwald motioned to approve as written. Seconded by CM Scharber. All in favor. Motion carried. 3.2. March 28, 2011 Workshop. CM Schroeder motioned to approve as written. Seconded by Mayor Stockamp. All in favor. Motion carried. 4. Open Forum: (5 minute limit) 4.1. Jason Warehime, Metro Appliance Recycling. Jason Warehime, Metro Appliance Recycling, is proposing another appliance recycling week to be held May 2-7. Mr. Warehime said it would be the same as last year with reductions in pricing for some items. City staff is recommending printing 150 numbered vouchers. The City Council thanked Mr. Warehime and said they appreciate him doing this. CM Heidner motioned to approve Otsego Clean up Week in partnership with Metro Appliance Recycling and authorize purchase of 150 one sided vouchers with numbering. Seconded by CM Scharber. All in favor. Motion carried. 5. Consent Agenda. (Non -controversial items). 5.1. Approve Claims List. 5.2. Received March 8, 2011 HPC Minutes. 5.3. Received March 8, 2011 Police Commission Minutes. 5.4. Received March 9, 2011 Parks & Rec Commission Minutes. 5.5. Approve 2011 mowing contract. 5.6. Approve Elk River 2011 Fire Contract. 5.7. Received Certificate of Commendation from MN Pollution Control Agency. 5.8. Approve Fund Balance Policy. CM Heidner motioned to approve. Seconded by CM Scharber. All in favor. Motion carried. 6. Unfinished Business. No items. City Council Meeting April 11, 2011. Page 2. 7. Public Works. 7.1. JetNac Contract -St. Michael. City Planner Licht said that City staff has been working on a disposal site for waste collected by the Jet -Vac truck. City staff visited the St. Michael site and has been working with them on fees for use of their facility. The City Council reviewed the rates provided. CM Heidner asked what types of loads will be done this year. Public Works Supervisor Belair said that the one that will help the most will be the "dirty load" and that would be done as needed. City Engineer Wagner said there will be two major loads and five others quarterly. Public Works Supervisor Belair said he would work with Kurt Neidermeier to prepare an annual cost estimate to bring back to the City Council at the next meeting. CM Darkenwald motioned to approve an agreement with the City of St. Michael for use of their ]et -Vac disposal. Seconded by CM Schroeder. All in favor. Motion carried. 8. Daniel Licht, City Planner. No items. 9. Ron Wagner, City Engineer. 9.1. Great River Centre extension request. City Engineer Wagner said that last year an extension was given to Appello until July 15, 2011 for Pubic Improvement work to be completed in Great River Center(GRC). Appello has asked for an extension. Staff is recommending this agreement be tabled. Appello representative Todd Plaistad said they are asking for an extension on this request as they have had no lot sales within GRC. City Attorney MacArthur said that the agreement required Appello bring in an extension request by April 15 but the City Council does not have to act now. CM Darkenwald asked if this places the City with any liability right now. City Attorney MacArthur said no. CM Heidner asked who drafted the extension letter. City Planner Licht said it was received from Appello. CM Darkenwald motioned to table until the April 25, 2011 City Council meeting. Seconded by CM Scharber. All in favor. Motion carried. 10. Andrew MacArthur, City Attorney. 10.1. Glenwood Bank/Bank of Iowa; Request to go to mediation. City Attorney MacArthur said that the two parties have discussed the possibility of proceeding to mediation in this matter. A tentative date has been set for May 19. The City would need two City Council members to attend the mediation. CM Darkenwald asked why we would need to be a part of the mediation. City Attorney MacArthur said the agreements relate to the City and feels it would be beneficial to the City opposed to being involved in litigation. Mayor Stockamp asked why City staff can't represent the City. City Attorney MacArthur said it is preferred to have Council members be the City's representatives along with the City Attorney. CM Darkenwald asked if the mediation is binding upon the parties. City Attorney MacArthur said it is not binding. CM Heidner asked who is paying for this. City Attorney MacArthur said the cost is split three ways normally but we do have outstanding bills that would be part of our issue for mediation and that in the Developers Agreement the parties are responsible for all costs. CM Darkenwald asked in your opinion does the banks going through mediation help city? City Attorney MacArthur said it is a step towards resolving and he recommended proceeding with the mediation. CM Darkenwald said he would volunteer to be there and CM Schroeder said he would too. Mayor Stockamp asked that the City Attorney prep the City Council members City Council Meeting April 11, 2011. Page 3. attending. City Attorney MacArthur said yes there would be advance preparation, but this is just to authorize the medication. CM Darkenwald motioned to approve the mediation on May 191,2011 and for CM Schroeder and himself to attend. Seconded by CM Schroeder. All in favor. Motion carried. 10.2. Brian Beaudry haying contract. City Attorney MacArthur reviewed the lease agreement for harvesting around the WWTP. CM Scharber motioned to approve agreement with Brian Beaudry. Seconded by CM Heidner. All in favor. Motion carried. 10.3. Martinson lease agreement. City Attorney reviewed the lease agreement for farming of the property around the Public Works Facility. CM Scharber motioned to approve agreement with Chad Martinson. Seconded by CM Darkenwald. All in favor. Motion carried. 11. Council Items. 11.1. AE2S agreement. Finance Director Groen said this item was reviewed by the Public Works Subcommittee and they recommend approval. Mayor Stockamp asked if all the items will go thru City Engineer Wagner. Finance Director Groen said yes. CM Heidner motioned to approve agreement with AE2S. Seconded by CM Scharber. All in favor. Motion carried. 12. Gary Groen Finance Director. Finance Director Groen said that Steve Berg, Wright County Emergency Manager, will be meeting with City staff tomorrow to review Wright County Emergency Plan. Mayor Stockamp asked for a memo summarizing the meeting be provided to the City Council. City Council discussed issue with CSAH 36 road closing for flooding and the need for notification to fire and ambulance. CM Scharber said there was a medical call in the Riverpointe neighborhood and Allina was not aware of the road closure. CM Darkenwald asked who is responsible to let the emergency service know. City Engineer Wagner said Wright County. City Planner Licht said recommended the City Council send a formal request that Wright County notify emergency service providers regarding any road closure in the City. 13. Tami Loff City Clerk. No items. 14. Adjourn by 10 PM. Mayor Stockamp said she would like to thank the Otsego Parks and Recreation Commission for the Otsego Easter Egg Hunt held this last Saturday. They estimate about 1,200 kids that attended. Mayor Stockamp asked if the City had received any information on a rugby tournament to be held at the VFW this Saturday. City Planner Licht said City staff had just met with the VFW and they said they had nothing scheduled until September and that City staff did make clear not parking is allowed on Quaday Avenue. City Planner Licht said he would contact the VFW and City Council Meeting April 11, 2011. Page 4. also notify the Wright County Sherriff to enforce no parking zones on City streets adjacent to the VFW fields. CM Scharber motioned to adjourn. Seconded by CM Darkenwald. All in favor. Motion carried. Adjourned at 7:48 PM. ATTEST: Tami Loff, City Clerk Mayor Jessica Stockamp