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07-27-09 CCITEM 3_1 OTSEGO CITY COUNCIL MEETING OTSEGO CITY HALL JULY 27, 2009 7:00 PM 1. Mayor Pro Tempore Vern Heidner will call the meeting to order. Mayor Pro Tempore Heidner called the meeting to order at 7:00 PM. Roll Call: Mayor Pro Tempore Vern Heidner; Councilmembers Dan Scharber, Mark Thorsted and Tom Darkenwald. Absent: Mayor Jessica Stockamp. Staff: Mike Robertson, City Administrator; Tami Loff, City Clerk; Ron Wagner, City Engineer; Dan Licht, City Planner; Andy MacArthur, City Attorney; Gary Groen, Finance Director; and Brad Belair, Public Works Supervisor. Pledge of Allegiance: Mayor Pro Tempore Heidner led in the Pledge of Allegiance. 2. Consider agenda approval. CM Scharber requested to move item 5.8 to 11.2 and to move Scharber & Sons item from claims list to 11.3. City Administrator Robertson requested to add 11.4 Lahns Farm Park. CM Scharber motioned to approve as amended. Seconded by CM Darkenwald. All in favor. Motion carried. 3. Consider the following minutes. 3.1. July 13, 2009 City Council Minutes. CM Scharber motioned to approve. Seconded by CM Darkenwald. All in favor. Motion carried. 4. Open Forum: (5 minute limit) Chris Knutson, 9458 Park Ave NE, his son was bit by a neighbor dog 10 days ago and this is the dog's second attack. Mr. Knutson said that there is a house in his neighborhood that has 4 pitbulls. He feels there be some kind of change to the Ordinance and that there should be signs in the neighborhood stating there is a dangerous dog. Mayor Pro Tempore Heidner said that a letter was mailed to the dog owner and the City must give them time to comply. Mayor Pro Tempore Heidner also said that it is a MN state law that you can't restrict certain breeds. Randy Reznicek, 14198 NE 85th St, said he received 5 citations in the mail for code enforcement. City Planner Licht said that he inspected the property today, the items are removed and he recommends that the citations be waived. CM Darkenwald asked why waive the citations. City Administrator Robertson said this was Mr. Rezniceks brothers items that we were dealing with at a different address, that they were only there a short time and that we have waived some citations in the past. CM Thorsted motioned to waive the 5 citations. Seconded by CM Scharber. All in favor. Motion carried. City Council Meeting July 27, 2009. Page 2. Jill Sanders, 9413 Park Ave NE, she is a neighbor to Chris Knutson regarding the dog attack. She said that last year the pitbulls ran into her house when she opened her door and attacked her dogs. Mrs. Sanders said she talked to someone at City Hall and was told that these dogs would be on a dangerous dog list. She said she is not sure why the dogs were not taken after the attack. City Administrator Robertson said the City doesn't have an impound lot or a dog catcher due to the cost and that a letter has been sent to the owner and that the dog will be destroyed once the quarantine for rabies is done. Deb Steiskal, District Contact person from Congresswoman Michelle Bachmann's office, passed out brochures for the Mayor and Council which includes the schedule for office hours. Chris Knutson, the Ordinance states that a dog needs to be vaccinated and licensed, who enforces this. Mayor Pro Tempore Heidner said that he has noticed that people are not licensing their dogs. Administrator Robertson said the City enforces this on a complaint basis. 5. Consent Agenda. (Non -controversial items). 5.1. Approve Claims List. 5.2. Approve Vehicle Use Policy. 5.3. Approve Dental Insurance Renewal. 5.4. Approve People Service Contract Amendment. 5.5. Res. 09-23 for Liquor License Request. 5.6. Approve Lease of Wide Format Copier. 5.7. Approve Pay Request #1 for 2009 Street Maint. Project. 5.8. Approve Res.09-24 for purchase of Public Works Equipment from Scharber & Sons. Less item 5.8 and Scharber & Sons item in the claims list. CM Scharber motioned to approve as amended. Seconded by CM Darkenwald. All in favor. Motion carried. 6. Unfinished Business. 6.1. Davis Mississippi Coves Request. (Wagner) City Engineer Wagner reviewed his memo regarding their request to not finish landscaping and to not put the second lift of blacktop down this year. Scott Dahlke, Engineer from Quality Site Design, Stated that Mike Leuer the developer is out of town or he would have been here. He said the condition of the market is causing the delay. The letter of credit is still guaranteed and it would cause the developer great economic difficulty to do the work now. CM Darkenwald asked City Engineer Wagner what if the City waited another year for the second lift. City Engineer Wagner said that the damage that can be done is cracks forming every 50 to 100 feet, and then secondary City Council Meeting July 27, 2009. Page 3. cracks occur. This will cause the City to have twice as many cracks to fill in the future. Also the curb edges are being struck by the snow plows. Steve Zoubek, 12712 96th St, had a hand out that he submitted to the City Council, with pictures of a hole in the street. He said that trees are dead, mowing is not getting done, and the final landscape plan states sod and there is no sod. He feels the developer has abandoned the development. City Planner Licht said that the Developer has until August 15th to make improvements. CM Darkenwald said he realizes there is an economic burden on Mr. Leuer but now it seems you are trying to shift it to the city. Mr. Dahlke said they are just looking for a delay. CM Darkenwald said if we don't do something this fall that can put an undue burden on residents. Mr. Dahlke said there are very few cracks at this site and he doesn't feel the cracks will be as severe as Mr. Wagner suggested. Mayor Pro Tempore Heidner asked have you done any work on getting quotes. Mr. Dahlke said no. CM Darkenwald motioned that the Developer has until August 1St, 2009 to provide a contract to do the work or City pulls the letter of credit. Seconded by CM Scharber. All in favor. Motion carried. 6.2. Consider Purchase of Park Maintenance Equipment. (Belair) CM Heidner motioned to purchase equipment. Seconded by CM Darkenwald. Motion carried 3-0. CM Scharber abstained. 7. Public Works. 7.1. Consider Purchase of Plow Trucks. Public Works Supervisor Belair reviewed the request. CM Scharber asked about trade value from Boyer. Public Works Supervisor Belair said he ordered an appraisal but it's not done yet. CM Scharber motioned Brad Belair go forward with the purchase of a used plow truck and for the repairs in the amount of $69,500. Seconded by CM Heidner. All in favor. Motion carried. 7.2. Consider Purchase of Tandem Axel Plow Truck. Public Works Supervisor Belair reviewed. Truck would be delivered in April 2010. CM Scharber motioned to approve purchase of 2010 Mack tandem axel cab in the amount of $197,500 payable in 2010. Seconded by CM Heidner. All in favor. Motion carried. 7.3. Consider Purchase of Walking Irrigation. Public Works Supervisor Belair reviewed. $5,500 is the quote along with $500 for the main line extension. CM Heidner motioned to purchase the Walking Irrigation and main line extension in the amount of $6,000. Seconded by CM Scharber. All in favor. Motion carried. 7.4. Adopt -A -Street application. City Council Meeting July 27, 2009. Page 4. Received an application from Hakanson Anderson for the Adopt -A -Street program for Queens Ave between CSAH 36 and CSAH 37. CM Scharber motioned to approve. Seconded by Mayor Pro Tempore. All in favor. Motion carried. 8. Dan Licht, City Planner. No items. 9. Ron Wagner, City Engineer. No items. 10. Andrew MacArthur, City Attorney. No items. 11. Council Items. 11.1. Utility Billing System Upgrade. (Groen) Finance Director Groen reviewed. This will be tied into the GIS system and will include a work order system. CM Scharber asked if this can be used in other departments. Finance Director Groen said they are working on this -possibly in the future. CM Thorsted asked if PW would be included in the training. Finance Director Groen said one person from PW would be involved. CM Scharber asked about water billing, he has automatic withdrawal, why is the return envelope still included in bill. He would like staff to check into emailing out invoices and asked about how many do automatic pay. Finance Director Groen said about 15%. CM Scharber asked about offering a discount to people that do electronic funding. Mayor Pro Tempore Heidner said check into costs and what we would save. Mayor Pro Tempore Heidner motioned to purchase Utility Billing Software in the amount of $10,725 which includes training and annual support. Seconded by CM Thorsted. All in favor. Motion carried. 11.2. Approve Res.09-24 for purchase of Public Works Equipment from Scharber & Sons. CM Heidner motioned to approve Resolution 09-24. Seconded by CM Darkenwald. Motion carried 3-0. CM Scharber abstained. 11.3. Claim list item. Scharber & Sons invoice in the amount of $221.55. Mayor Pro Tempore Heidner motioned to approve. Seconded by CM Thorsted. Motion carried 3-0. CM Scharber abstained. 11.4. Lahns Farm Park. Close the meeting for attorney/ client privilege. City Council Meeting July 27, 2009. Page 5. CM Scharber motioned to close meeting at 8:28 PM. Seconded by CM Thorsted. All in favor. Motion carried. City Administrator Robertson reviewed the counter offer. City Planner Licht suggested two possible offers. Mayor Pro Tempore Heidner motioned to go back with City Planner's suggested offer. Seconded by CM Thorsted. All in favor motion carried. CM Scharber motioned to reopen meeting at 8:39 PM. Seconded by Mayor Pro Tempore. All in favor. Motion carried. CC talked about dog ordinance. Staff will review to see if changes are needed. City Council set the Planning Commission interviews for August 24th starting at 6:30 PM before the City Council meeting. 12. Mike Robertson, City Administrator. 12.1. Preliminary 2010 Budget. After review, Council directed Staff to provide options for reducing the budget. 13. Tami Loff, City Clerk. No items. 14. Adjourn by 10 PM. CM Scharber motioned to adjourn. Seconded by CM Darkenwald. All in favor. Motion carried. Adjourned at 9:28 PM. ATTEST: Tami Loff, City Clerk Mayor Pro Tempore Vern Heidner