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08-22-11 CCITEM 3-1 OTSEGO CITY COUNCIL MEETING OTSEGO CITY HALL AUGUST 22, 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; Councilmembers: Vern Heidner, Dan Scharber and Doug Schroeder. CM Tom Darkenwald arrived at 7:01 PM. 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: Mayor Stockamp led in the Pledge of Allegiance. 2. Consider agenda approval. CM Scharber requested to move item 5.5 to item 15.2 and item 5.8 to item 8.2. CM Heidner motioned to approve as amended. Seconded by CM Schroeder. All in favor. Motion carried. 3. Consider the following minutes. 3.1 August 8, 2011 City Council Meeting. CM Scharber motioned to approve as written. Seconded by CM Heidner. All in favor. Motion carried. 3.2 August 8, 2011 Budget Workshop. CM Heidner motioned to approve as written. Seconded by CM Scharber. All in favor. Motion carried. 4. Open Forum: (5 minute limit) Heather Eidem, New River Medical Center representative; said the 2012 levy was certified for $600,000 in August. Ms. Eidem said the Hospital District will be holding the Timber dash which is a 5K run/walk with proceeds benefiting the PATH crisis nursery on October 1, 2011. Ms. Eidem said that the Hospital District will part of the Otsego Elementary Bike Rodeo and have a booth at the Otsego Festival. 5. Consent Agenda. (Non -controversial items). 5.1 Approve Claims List. 5.2 Received minutes of the July 12, 2011 HPC meeting. 5.3 Received minutes of the July 13, 2011 Parks & Recreation Commission meeting. 5.4 Received minutes of the February 7, 2011 Planning Commission meeting. 5.5 Approve appointment to Advisory Commission -REMOVED 5.6 Splash pad policy and rules. 5.7 Mississippi river signs. 5.8 Prairie Park memorial bench donation- REMOVED 5.9 Approve tennis & basketball court surfacing quote. CM Scharber motioned to approve with removal of item 5.5 and item 5.8. Seconded by CM Schroeder. All in favor. Motion carried. 6. Parks & Rec Commission interviews. 6.1 Charles Vonberg. 6.2 Triste Freeburg. The City Council interviewed applicants to be appointed as Commissioners. This item will be discussed under item 15.1. City Council Meeting August 22, 2011. Page 2. 7. Unfinished Business. 8. Public Works. 8.1 Public Works repair. Public Works Supervisor Belair reviewed the quote for replacement of the roof on the old Public Works building from storm damage. CM Darkenwald asked if it was hail damage. Public Works Supervisor Belair said yes it was hail damage from the storm that came through on May 10, 2011. CM Heidner motioned to approve the quote from Lind Construction in the amount of $11,789.19. Seconded by CM Scharber. All in favor. Motion carried. 8.2 Prairie Park memorial bench donation. CM Scharber stated concern with the City being responsible for the maintenance and if it had to be replaced. Public Works Supervisor Belair said it should be minimal maintenance. City Planner Licht said the City assumes ownership of the bench and the long term maintenance. City Planner Licht said that the party donating the bench understands that if the bench is damaged the City will decide if and how it will be replaced. CM Scharber motioned to approve Resolution 2011-39 accepting donation of a memorial bench for Prairie Park. Seconded by CM Schroeder. All in favor. Motion carried. Public Works Supervisor Belair gave an update on the splash pad project. 9. Daniel Licht, City Planner. 9.1 SunRay Farms 3rd Addn: a. Zoning map amendment to rezone property from INS to R-6 District. b. Preliminary/Final Plat and PUD-CUP. City Planner Licht presented the Planners report. CM Scharber asked if we received approval from the ten property owners. City Planner Licht said yes. CM Scharber motioned to approve Ordinance 2011-11 based on a finding that the action is consistent with the Comprehensive Plan. Seconded by CM Heidner. All in favor. Motion carried. CM Scharber motioned to approve a Preliminary /Final plat and PUD-CUP for Sunray Farms 3rd Addition subject to the three conditions listed in the Planners report. Seconded by CM Schroeder. All in favor. Motion carried. 9.2 Consider McDonald house proposal. City Planner Licht presented the Planners report. CM Darkenwald asked when the dig would take place. City Planner Licht said that it would take place a weekend in October with demolition occurring before winter. CM Scharber asked what the HPC is hoping to gain out of this. City Planner Licht said the HPC has already videotaped the inside of the house and is looking at documenting the history of the house. CM Scharber asked if there would be anymore costs. City Planner Licht said no and that the HPC understands that once the dig happens the house will be demolished. Mayor Stockamp motioned to approve the proposal from Trefoil Cultural and Environmental Heritage for the McDonald House project for a cost not to exceed $5,550. Seconded by CM Schroeder. Motion carried 4-1. CM Scharber opposed. 10. Ron Wagner, City Engineer. 10.1 PUBLIC HEARING: establishment of a storm sewer improvement tax district - Island View Estates. City Council Meeting August 22, 2011. Page 3. A. Comments from City Engineer and City Attorney. City Engineer Wagner and City Attorney MacArthur made comments regarding the proposed storm sewer improvement tax district. Mayor Stockamp opened the Public Hearing at 7:31 PM. B. Public comments. Scott Gustafson, 9933 Kahler Avenue, said he feels the dollar amount of the City appraisal for acquiring an easement over his property was unfair. Mr. Gustafson said he feels that Mr. Peterson should be reimbursed for his gas expenses if he can show receipts and said if this project doesn't get done this fall then he will put in a dirt berm to stop the flow of water over his property and then hire a lawyer. City Attorney MacArthur said that that information pertains to the following Public Hearing regarding the proposed stormwater drainage project in Island View Estates Block 4. C. Close the Public Hearing. Mayor Stockamp closed the Public Hearing at 7:34 PM. D. Approve Resolution 2011-41. CM Scharber motioned to approve Resolution 2011-41 adopting Otsego Ordinance No. 2011-12 establishing the Island View Estates Block 4 Storm Sewer Improvement Tax District. Seconded by CM Heidner. All in favor. Motion carried. 10.2 PUBLIC HEARING CONTINUED FROM JULY 25, 2011: to consider drainage improvement within Block 4 of Island View Estates. A. Comments from City Engineer and City Attorney. City Engineer Wagner reviewed the proposed project including an option for routing the drainage over Lots 6 and 7, Block 4. City Engineer Wagner said that City staff is recommending approval of this alternative route. B. Public comments. Mayor Stockamp reopened the Public Hearing for public comment at 7:39 PM. Mark Peterson, 9919 Kahler Avenue, presented a slide show on water levels and photos. Mr. Peterson thanked the City Council for their help with this issue and stated that he hopes that the City Council will vote in favor of this project. CM Darkenwald asked Mr. Peterson if he is looking for the City to take care of this problem as soon as possible and the most cost effective. Mr. Peterson said yes. Mr. Gustafson said he thinks the alternate route presented is a good idea and that he then should be able to get the erosion fixed and then everything will work out great. CM Heidner said at the previous Public Hearing there was question on whether there is a draintile located under the Gustafson's garage. CM Heidner asked if we do this project are we going to be trying to find all these old draintiles. City Engineer Wagner said the City would just plug the known openings. . Mr. Gustafson said he is just expecting the City to plug the one that is busted. Dan Vetch, 10345 9P Street, said that there was a bubble up in his back yard. Vintage Golf Course owner, Chris Bulow, 10444 95t" Street, said he spoke with the City Engineer three months ago. He was ok with the project when the price range was between $500-700 but since the numbers have climbed Mr. Bulow said he feels that Vintage Golf Course could take care of the dirt on their property and add a berm. City Engineer Wagner said that would just be moving the water from one ravine to another, and he feels that the water should continue to go City Council Meeting August 22, 2011. Page 4. in the same direction it has historically. City Planner Licht said that what Mr. Bulow is requesting would be to alter the grading which is not allowed. Mr. Gustafson stated that if Mr. Bulow is allowed to take care of his own drainage he feels that wouldn't be fair. C. Close the Public Hearing. Mayor Stockamp closed the Public Hearing at 7:57 PM. D. Approve Resolution 2011-36. CM Darkenwald asked if approved tonight, how long before the project will start. City Engineer Wagner said the only delay may be obtaining the easements because we have to go through the mortgage companies. If receive back the easements, could be on the next City Council agenda with the project starting sometime in September. CM Darkenwald motioned to approve Resolution 2011-36 accepting the Feasibility Study, approving the Plans and Specifications and ordering improvement in the amount of $13,050. Seconded by CM Schroeder. All in favor. Motion carried. 10.3 Trail Pavement Management Plan. City Engineer Wagner reviewed the quote. CM Heidner motioned to authorize the City Engineer to prepare Plans and Specifications and obtain quotes for 2011 Trail Maintenance and authorize the City Administrator to enter the city into a contract with the low quote contractor upon the City Engineers review of the bids and the contractors abilities. Seconded by CM Scharber. All in favor. Motion carried. CM Darkenwald said on 781h Street where it meets Quaday Avenue the street is coming out in the middle. Public Works Supervisor Belair said yes the rubber is pulling out and the Public Works Department will be doing some surface patching. Mayor Stockamp said this year the streets seem really bad and asked why. Public Works Supervisor Belair said the infrastructure is getting older and also the chemicals used in winter could be the cause. Public Works Supervisor Belair said that he is looking at new methods that should help. CM Heidner said he is concerned with an area on O'Day Avenue and also a culvert in Hidden Creek Trails where repairs were started by not yet complete. Public Works Supervisor Belair said that those are on the schedule to be done. 11. Andrew MacArthur, City Attorney. 11.1 Hospital District update. City Attorney MacArthur reviewed the proposed Resolution. CM Heidner asked if the other cities or townships have seen this. City Attorney MacArthur said if approved City staff will send a letter and copy of the Resolution to the other cities and townships involved. CM Heidner motioned to approve Resolution 2011-43 stating Otsego City Council position on proposed changes to the legal status of the New River Medical Center. Seconded by CM Schroeder. All in favor. Motion carried. 12. Lori Johnson, City Administrator. City Administrator Johnson said the City Council was invited by Elk River Fire chief T. John Cunningham to a 911 remembrance/Open House scheduled at the Orono Parkway ER Fire Station on September 10, 2011 at noon. Ms. Johnson asked the City Council to let her know if they plan on attending because Mr. Cunningham would like to recognize them at the event. 13. Gary Groen, Finance Director. City Council Meeting August 22, 2011. Page S. No items. 14. Tami Loff, City Clerk. No items. 15. Council Items. 15.1 Consider appointments to the Parks & Recreation Commission. City Planner Licht reviewed the current open positions. City Planner Licht said there are two Commission members that have not been attending the scheduled meetings. One has not been in contact with the Commission or City staff and one Commission member that has been in communication with City staff. CM Schroeder motioned to approve Resolution 2011-42 terminating Duane Lauseng from the Parks & Recreation Commission and appointing Jim Kjendle with term ending December 31, 2012 and appoining Triste Freeburg with term ending December 31, 2011 and appointing Charles VonBerg to an alternate position with term ending December 31, 2014 and appoint Susan Krekelberg to an alternate position with term ending December 31, 2011. Seconded by Mayor Stockamp. All in favor. Motion carried. 15.2 Approve appointment to Advisory Commission. CM Scharber motioned to approve Resolution 2011-38 making appointments to Advisory Commission, appointing John Noll to the HPC with his term ending December 31, 2014. Seconded by Mayor Stockamp. All in favor. Motion carried. 16. Adjourn by 10 PM. CM Scharber motioned to adjourn. Seconded by CM Schroeder. All in favor. Motion carried. Adjourned at 8:31 PM. �INKIN 1�..t��� ATTEST: AA�� a4b Tami Loff, City Clerk