06-13-11 CCITEM 3-2
OTSEGO CITY COUNCIL MEETING
OTSEGO CITY HALL
JUNE 13, 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 Jessica Stockamp: Councilmembers: Dan Scharber, Vern Heidner, 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.
Mayor Stockamp requested to move item 10.2 to 13.1.
CM Heidner motioned to approve as amended. Seconded by CM Scharber. All in
favor.
3. Consider the following minutes.
3.1 May 9, 2011 Board of Review.
CM Heidner motioned to approve as written. Seconded by CM Scharber. All in favor.
Motion carried.
3.2 May 23, 2011 City Council Meeting.
CM Scharber motioned to approve as written. Seconded by CM Schroeder. All in
favor. Motion carried.
3.3 May 23, 2011 Workshop.
CM Schroeder motioned to approve as written. Seconded by Mayor Stockamp. All in
favor. Motion carried.
4. Open Forum: (5 minute limit)
Mr. Pat Brink, 16126 715t Lane NE, read a list questions and provided a copy of these questions
to the City Clerk and requested a reply at a later date.
5. Consent Agenda. (Non -controversial items).
5.1 Approve Claims List.
5.2 Release LOC/escrow to Lennar for River Place 1st-3rd Addition.
5.3 Approve Liquor License renewals for 2011-12.
5.4 Received minutes of the April 30, 2011 Heritage Preservation Commission
meeting.
5.5 Davis Mississippi Coves release of LOC.
5.6 Approve Ordinance 2011-08 regarding City Council compensation.
5.7 Approve PeopleService COLA adjustment.
CM Scharber motioned to approve. Seconded by CM Darkenwald. All in favor. Motion
carried.
6. Unfinished Business.
No items.
7. Public Works.
No items.
City Council Meeting June 13, 2011. Page 2.
8. Daniel Licht, City Planner.
8.1 Splash Pad update.
City Planner Licht gave an update on the splash pad. Mayor Stockamp asked if the Parks and
Recreation Commission were to be updated regarding plans for lighting and landscaping. City
Planner Licht said yes.
9. Ron Wagner, City Engineer.
9.1 Island View Estates drainage project.
City Engineer Wagner said the City has been petitioned by three property owners affected by
the stormwater drainage problem in Island View Estates. City Engineer Wagner reviewed the
three options and preliminary cost estimates noting that two of the property owners are
requesting installation of a stormwater pipe.
CM Darkenwald motioned to approve Resolution 2011-31 ordering plans and
specifications for stormwater drainage for block 4 of Island View Estates with
option 3. Seconded by CM Scharber. All in favor. Motion carried.
CM Darkenwald motioned to approve Resolution2O11-32 calling a public hearing on
July 25, 2011 for improvement of Block 4 Island View Estates. Seconded by CM
Scharber. All in favor. Motion carried.
9.2 Duerr Creek stormwater petition.
City Engineer Wagner said the City received a petition from two property owners regarding a
water drainage issue resulting from a drain tile that broke. They are requesting the City approve
a project to fix the issue. City Attorney MacArthur said it is a private issue. City Engineer
Wagner said that a private project would need to be reviewed by City staff to make sure it is
done properly.
Mayor Stockamp said that City staff should set up a meeting with the property owners to
explain. The City Council agreed.
City Engineer Wagner gave an update to the City Council on the following: The contractor came
back to do the warranty painting at Water tower #3, the Safe Routes to School project will be
completed this week, the Detour on TH 101 for construction at US 10/US 169 is underway, The
City received a letter from the Department of Health regarding the Radium levels in the east
water system had exceeded. City Engineer Wagner reviewed memo with actions from Kurt
Neidermeier; and in response to the thirteen letters that went out regarding the replatting of
the WWTF City staff has only received five back all in favor. City Engineer Wagner said he will
send another letter.
10. Andrew MacArthur, City Attorney.
10.1 Vintage Golf Course alcohol compliance check.
City Attorney MacArthur said that Wright County Public Health Department completed a
compliance check on Vintage Golf course and they failed. This is the first violation within a two
year period which imposes a $1000 fine based on the schedule adopted as part of the City
Code.
Vintage Golf Course owner Mr. Chris Bulow said that a lot of the Wright County Best Practice
training is canceled due to not enough enrollments. But they always try to sign up 1-5 people.
Mr. Bulow said that his employees are currently signed up for training held in St. Michael.
City Council Meeting June 13, 2011. Page 3.
Mr. Bulow is asking the City Council to look at other options on how they penalize. He said that
they are different than a liquor store where they don't sell a high volume of liquor. Mr. Bulow
said surrounding communities have little or no penalties. Mr. Bulow said that Wright County is
not prosecuting the individual as they said they would so it makes it hard on the business
owners. CM Darkenwald asked for list on what penalties have been imposed in the past. The
City Council directed to City staff to provide a list of past penalties and check with surrounding
cities regarding their penalties for the July 27t" City Council meeting.
10.2 Closed session for Attorney/Client privilege -MOVED TO ITEM 13.1.
10.3 Proposed agreement for Attorney.
City Attorney MacArthur said that Couri, MacArthur and Ruppe, PLLP is dissolving. Mr.
MacArthur said he hopes to continue to work with the City and he presented a proposal for
legal service through his company MacArthur Law Office LLC.
CM Heidner motioned to approve Resolution 2011-29 approving legal service
contract with MacArthur Law Office LLC and terminating any relationship with the
predecessor firm to Couri, MacArthur & Ruppe, PLLP. Seconded by CM Schroeder. All
in favor. Motion carried.
11. Council Items.
11.1 Approve Resolution 2011-25 accepting a donation from TRSA.
Mayor Stockamp said she will be abstaining.
CM Darkenwald motioned to approve Resolution 2011-25. Seconded by CM
Schroeder. Motion carried 4-0. Mayor Stockamp abstained.
11.2 Rogers TH 101/CSAH 44 project.
City Planner Licht presented the request for City Council action. CM Darkenwald said they were
originally asking for more. City Planner Licht said originally Rogers was requesting $400,000.
CM Heidner said he doesn't think this is Otsego's responsibility and he can't support this.
CM Scharber motioned to approve Resolution 2011-30 related to formation of an
agreement between the City of Rogers and the City of Otsego and directed City staff
to begin negotiations of a Joint Powers Agreement. Seconded by CM Darkenwald.
Motioned carried 4-1. CM Heidner opposed.
11.3 Scharber and Sons invoice.
CM Scharber said he will be abstaining. City Planner Licht said this invoice is for the used trailer
approved at the City Council meeting on May 23, 2011 and paid for out of the Capital
Equipment Fund.
CM Darkenwald motioned to approve invoice. Seconded by CM Heidner. Motioned
carried 4-0. CM Scharber abstained.
12. Gary Groen, Finance Director.
No items.
13. Tami Loff, City Clerk.
13.1 Closed session for Attorney/Client privilege.
City Attorney MacArthur recommends closing the meeting regarding GCI Capitol and threatened
litigation regarding Waterfront East.
CM Scharber motioned to close at 8:08 PM. Seconded by CM Darkenwald. All in
favor. Motion carried.
City Council Meeting June 13, 2011. Page 4.
City Attorney MacArthur reviewed the conceptual settlement agreement.
CM Darkenwald motioned to approve conceptual concept. Seconded by CM
Schroeder. All in favor. Motion carried.
CM Schroeder motioned to reopen the meeting at 8:32 PM. Seconded by CM
Darkenwald. All in favor. Motion carried.
14. Adjourn by 10 PM.
CM Darkenwald motioned to adjourn. Seconded by CM Scharber. All in favor. Motion
carried. Adjourned at 8:33 PM.
ATTEST:
Tami Loff, City Clerk
Mayor Jessica Stockamp