07-25-11 CCITEM 3-1
OTSEGO CITY COUNCIL MEETING
OTSEGO CITY HALL
JULY 25, 2011
7:00 PM
1. Acting Mayor Vern Heidner will call the meeting to order.
Acting Mayor Heidner called the meeting to order at 7:00 PM.
Roll Call: Acting Mayor Vern Heidner; Council Members: Doug Schroeder, Dan Scharber and
Tom Darkenwald. Excused absence: Mayor Jessica Stockamp.
Staff: Lori Johnson, City Administrator; 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: Acting Mayor Heidner led in the Pledge of Allegiance.
2. Consider agenda approval.
CM Scharber motioned to approve. Seconded by CM Darkenwald. All in favor. Motion
carried.
3. Consider the following minutes.
3.1 July 6, 2011 Special City Council Meeting.
CM Scharber motioned to approve as written. Seconded by CM Darkenwald. All in
favor. Motion carried.
3.2 July 11, 2011 City Council Meeting.
Acting Mayor Heidner said on page 2 item 6.1 should be clarified to say that JamFest should
work with Public Works Supervisor Belair to ensure JamFest contracts the correct size dumpster
that will be needed after the sweeping.
Acting Mayor Heidner motioned to approve as amended. Seconded by CM Schroeder.
All in favor. Motion carried.
3.3 July 11, 2011 Workshop.
CM Schroeder motioned to approve as written. Seconded by CM Darkenwald. All in
favor. Motion carried.
4. Open Forum: (5 minute limit
4.1 Special Presentation: Marshall Smith, New River Medical Center.
Marshall Smith, CEO of New River Medical Center, presented an annual report. Mr. Smith
introduced Otsego representative to the Board of Directors Mr. Rob VanDenBerg who was also
present.
5. Consent Agenda. (Non -controversial items).
5.1 Approve Claims List.
5.2 Received minutes of the June 8, 2011 Parks & Recreation Commission meeting.
5.3 Received minutes of the June 14, 2011 Police Commission meeting.
5.4 Received minutes of the June 14, 2011 HPC meeting.
5.5 Accept resignation from HPC member Ron Black.
5.7 Approve Resolution 2011-37 approving GRC/Appello agreement.
5.8 Approve GIS Rangers work order proposal.
5.9 Accept resignation from Police Commission member Jane Theisen.
CM Scharber motioned to approve. Seconded by CM Darkenwald. All in favor. Motion
carried.
nfinished Business.
City Council Meeting July 25, 2011. Page 2.
No items.
7. Public Works.
No items.
8. Daniel Licht, City Planner.
8.1 Prairie Park Splash Pad:
City Planner Licht presented the Planner's Report. CM Schroeder said he received a phone call
from Aaron Dorvinen that he is looking for donations for the purchase of the plans or people
may go to the nursery and pick up plantings to donate for this project.
a. Consider landscaping plan.
CM Scharber motioned to approve the splash pad landscape plan and approve the
quote from Midwest Landscapes for $3,789.50 for the purchase of planting
materials (plus tax and mulch). Seconded by CM Schroeder. All in favor. Motion
carried.
b. Consider lighting plan.
City Planner Licht presented the Planner's report. CM Scharber asked if the project will be done
by the Otsego Festival. City Planner Licht said yes.
CM Scharber motioned to approve the quote from Wright Hennepin for installation
of lighting within Prairie Park. Seconded by CM Schroeder. All in favor. Motion
carried.
9. Ron Wagner, City Engineer.
9.1 PUBLIC HEARING: to consider drainage improvement within Block 4 of Island
View Estates.
A. Acting Mayor will open the Public Hearing.
Acting Mayor Heidner opened the Public Hearing at 7:22 PM.
B. Presentation of Feasibility Report.
City Attorney MacArthur explained the Public Hearing procedure. This will be the only hearing
for public comment. City Attorney MacArthur said that there is also a need to hold a Public
Hearing to establish a Stormwater Drainage District, which City staff recommends occur at the
City Council meeting on August 22, 2011.
City Engineer Wagner presented the Feasibility Report for Island View Estates regarding a
drainage issue.
C. Public comments.
Mark Peterson, 9919 Kahler Avenue, said the problem started last summer after a rain storm.
He went out and purchased a hose and pumped the water himself, Mr. Peterson said he spent
$896 out of his pocket for supplies and gas. Mr. Peterson said he is tired of pumping water but
worried it will seep into the septic tanks if the drainage issue is not fixed.
Dave Haugan, 10275 99th Street, said he feels that the Vintage Golf course has caused the
drainage issue.
Scott Gustafson, 9933 Kahler Avenue, said that if their property is condemned they have a right
to have an appraisal done up to $1,500 and there is currently no severance value included in
the appraisal. Mr. Gustafson said with the proposed easement across the property it devalues
their property. Mr. Gustafson said if they and the City can't come to an agreement on an
City Council Meeting July 25, 2011. Page 3.
amount then it will go to court and cost more. City Planner Licht recommended the City Council
direct City staff to meet with Mr. Gustafson.
Bret Schoen, 10325 99th Street, said he knows if the City doesn't get an easement, then it's a
private issue but if the drainage issue is not fixed by the City it will be problem for a long time.
Mr. Gustafson said that since last July when this started he has erosion in the ditch from letting
water be pumped across their property.
Kathy Haugen, 10275 99th Street, asked if when Vintage Golf development if all the drain tiles
were taken out? City Engineer Wagner said that the developer removed the drain tiles within
that property and put in drainage system of culverts and stormwater ponds.
Mr. Haugen asked if it had been proposed to put a drain tile through the Vintage Golf course.
City Engineer Wagner explained that that option was not feasible due to impacts to the ravines
along the Mississippi River bluff. Acting Mayor Heidner said that the drain tiles were put in
during the 1940 to 1960's. City Engineer Wagner said that was correct that during those
periods landowners could install drain tile without government agency approval.
Dan Vetsch, 10345 99th Street, said that the water is land locked if the City and property
owners don't reach agreement and find a way to remove the water.
City Attorney MacArthur said he spoke with Mr. Gustafson and he is correct would get $1,500 to
be applied towards the cost of an appraisal. The City has only obtained market value opinion
not a full appraisal. City Attorney MacArthur stated that the City is not proceeding with
condemning property at this time and he would not recommend it. City Attorney MacArthur
noted that all of the project cost will be assessed back to the property owners. City Attorney
MacArthur recommends that the Public Hearing be continued until the August 22, 2011 City
Council meeting and have City Staff meet with Mr. Gustafson.
Mr. Gustafson asked what year Statue 444 was adopted? City Attorney MacArthur said 1974
and amended in 1991. Mr. Gustafson said his house was built in 1996 and asked why this
drainage issue was not looked at. City Planner Licht said that Island View Estates was approved
under Wright County and that easements for overland drainage were obviously not required to
be dedicated to the public at the time the plat was approved.
CM Darkenwald asked Mr. Peterson when the area started having a problem. Mr. Peterson said
last July and that there was no problem prior.
Mr. Vetsch said there was a blockage on the riverside of Kadler Avenue. and said that the City
came out three or four times to attempt a repair. City Planner Licht said that the Public Works
Department went out there and used the jet vac to try and repair the broken or blocked drain
tile.
CM Darkenwald motioned to continue the Public Hearing until August 22, 2011 at
7:00 PM. Seconded by CM Scharber. All in favor. Motion carried.
D. Close the Public Hearing.
E. Approve Resolution 2011-36.
City Council Meeting July 25, 2011. Page 4.
9.2 Consider Change Order #1 and Pay Estimate #1 for SRTS.
City Engineer Wagner reviewed the change order and the Pay Estimate for Safe Routes to
School.
CM Scharber motioned to approve the pay estimate in the amount of $143,090.19 to
Rum River. Seconded by CM Schroeder. All in favor. Motion carried.
9.3 Consider release of escrow to Bulow Inc for Kadler Avenue in the amount
of $28,073.59.
City Engineer Wagner is recommending the release of escrows.
CM Darkenwald motioned to approve release. Seconded by CM Schroeder. All in
favor. Motion carried.
10. Andrew MacArthur, City Attorney.
No items.
11. Lori Johnson, City Administrator.
City Administrator Johnson said it is a pleasure to be here and that she looks forward to
meeting with all the City Council members individually.
City Administrator Johnson said she received a phone call from a group regarding foreclosure
education looking to use City Hall. City Administrator Johnson said she feels it is a benefit to the
residents and if the City Council approves the use of the facility it will be advertised in the
newsletter. The City Council agreed.
12. Gary Groen, Finance Director.
No items.
13. Tami Loff, City Clerk.
No items.
14. Council Items.
14.1 Wright County Sheriff Contract for 2012-13.
City Planner Licht presented the Wright County Sheriff contract for 2012-13. City Planner Licht
said City staff spoke with Sergeant Pete Walker and he is comfortable with the current contract
hours. The Police Commission also reviewed the contract and level of service at their last
meeting and they also are fine with the current agreement.
Acting Mayor Heidner motioned to approve the proposed Wright County Sheriff
contract for 2012-13. Seconded by CM Schroeder. All in favor. Motion carried.
14.2 Public Utility Supervisor Job Description.
City Planner Licht presented the Request for Council Action. Acting Mayor Heidner said that
there should be job descriptions for the City Attorney, City Planner, City Engineer and the IT
person as well. CM Darkenwald asked if this has any legal ramifications. City Attorney
MacArthur said no.
Acting Mayor Heidner motioned to approve. Seconded by CM Scharber. All in favor.
Motion carried.
City Council Meeting July 25, 2011. Page 5.
14.3 RPZ Monitoring Ordinance.
City Planner Licht presented the Request for Council Action. Acting Mayor Heidner said funds
for the program would come out of the Water Operations Fund.
CM Scharber motioned to approve Ordinance 2011-10 implementing a Reduced
Pressure Zoning (RPZ) monitoring program. Seconded by Acting Mayor Heidner. All
in favor. Motion carried.
14.4 Scharber & Sons Invoice.
CM Scharber said he will be abstaining.
Acting Mayor Heidner motioned to approve the invoice to Scharber & Sons in the
amount of $18,948.94. Seconded by CM Darkenwald. Motion carried 3-0. CM
Scharber abstained.
15. Adjourn by 10 PM.
CM Darkenwald said that the traffic light at 85th Street and CSAH 42 doesn't work sometimes.
City Engineer Wagner said that City staff received a complaint on that and had forwarded to
Wright County and that Wright County was out and looked at it. CM Schroeder said the same
problem usually happens for him after 3:00 PM. City Engineer Wagner said he will contact
Wright County again and let them know the problem is still occurring.
CM Scharber motioned to adjourn. Seconded by CM Darkenwald. All in favor.
Motion carried. Adjourned at 8:30 PM.
ATTEST:
Tami Loff, City Clerk
Acting Mayor Vern Heidner