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08-23-10 CCOTSEGO CITY COUNCIL MEETING OTSEGO CITY HALL AUGUST 23, 2010 7:00 PM 1. Mayor Jessica Stockamp will call the meeting to order. Mayor Stockamp called the meeting to order at 7 PM. Roll Call: Mayor Jessica Stockamp; Councilmembers: Vern Heidner, Dan Scharber and Tom Darkenwald. Staff: Mike Robertson, City Administrator; Tami Loff, City Clerk; Gary Groen, Finance Director; 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. City Administrator Robertson requested to add item 12.1 Otsego Festival. Mayor Stockamp requested to add item 11.2 Linda Lewis Resignation. CM Scharber motioned to approve as amended. Seconded by CM Heidner. All in favor. Motion carried. 3. Consider the following minutes. 3.1. August 9, 2010 City Council Meeting. CM Scharber motioned to approve as written. Seconded by CM Heidner. All in favor. Motion carried. 4. ODen Forum: l5 minute limit 4.1. PUBLIC HEARING: Proposed assessment for Public Improvements to Remington Coves. A. City Clerk attest to legal notice. City Clerk Loff attested that proper noticing, posting and publishing was completed and no responses had been received. B. Comments by City Staff. City Attorney MacArthur reviewed. The costs of assessment consisted of construction of a final lift of bituminous and other public improvements within Remington Coves. C. Presentation of proposed assessment roll. City Engineer Wagner reviewed the assessment roll. D. Public comments. No comments. E. Close the public hearing. Mayor Stockamp closed the Public Hearing at 7:05 PM. F. Adopt Resolution 2010-29. CM Scharber asked if the interest will start right now and be paid in full in three years. City Attorney MacArthur said yes. CM Scharber motioned to approve Resolution 2010-29 adopting assessment for Remington Coves. Seconded by CM Heidner. All in favor. Motion carried. City Council Meeting August 23, 2010. Page 2. Open forum: Heather Eidem, New River Medical Center, gave update on current Hospital activities. Mayor Stockamp asked Ms. Eidem to email a list of dates of the upcoming governing structure meetings to her and the council. Julie Kerkvliet, Otsego Festival Committee, asking the City Council for support of using the Public Works Facility for storage of Festival equipment. Mayor Stockamp said that this item will be discussed later on the agenda. 5. Consent Aaenda. (Non -controversial items). 5.1. Approve Claims List. 5.2. Approve Resolution 2010-28 setting Truth -in -Taxation Hearing. 5.3. Received July 13, 2010 Police Commission Minutes. 5.4. Received July 13, 2010 HPC Minutes. 5.5. Received July 14, 2010 Parks & Rec Commission Minutes. 5.6. Approve Resolution 2010-30 Election Judges. 5.7. Approve PW Copier Lease. 5.8. Approve Town & Country Landscaping Invoice. 5.9. Approve Resolution 2010-31 Declaring Surplus Property. 5.10. Approve bid from Smith Brothers for waterproof sealing the City Hall. 5.11. Approve Resolution 2010-32 calling PH for CIP Bonds. CM Heidner motioned to approve. Seconded by CM Scharber. All in favor. Motion carried. 6. Unfinished Business. 6.1. 2010-2011 Firearms No Discharge Map. City Planner Licht presented. The City Council previously discussed as to whether archery hunting should be allowed as exception in the No Discharge Zone. City Staff is recommending that it be allowed by an administrative permit with no fee. The permit would be renewed annually. They have to have at least 10 acres, must be zoned either A-1 or A-2 and must be at least 200 feet from property line or right-of-way. CM Darkenwald motioned to approve Ordinance 2010-07. Seconded by CM Scharber. All in favor. Motion carried. 6.2. Elk River Fire Contract. City Administrator Robertson reviewed. They will be changing from a formula from one based on a three year average of number of calls to a per parcel basis. The costs are similar to the costs we have in other districts. They are proposing a five year contract. CM Darkenwald asked what the current charge is. Finance Director Groen said it has varied from $95,000 to $170,000 over the last four years. CM Heidner said that would have been around $58.55 a parcel. CM Scharber asked how long of contracts have we been signing. City Administrator Robertson said three years. CM Heidner said he has no problem with five year. Council agreed. CM Heidner motioned to approve five year contract. Seconded by CM Scharber. All in favor. Motion carried. CM Scharber asked about second contract related to fire inspections. City Administrator Robertson said he is recommending no action on this at this time. City Council Meeting August 23, 2010. Page 3. 7. Public Works. 7.1. Consider purchase of Wheel Loader. Public Works Supervisor Belair reviewed a quote for a used 2005 CAT 908 wheel loader. It will be able to get into the stormwater ponds easier for cleaning and would be used year round. This was discussed at the Public Works Subcommittee meeting. CM Heidner asked what a new one would cost. Public Works Supervisor Belair said around $85,000. CM Scharber motioned to approve purchase for $49,900. Seconded by CM Heidner. All in favor. Motion carried. 7.2. Frankfort Park update. Public Works Supervisor Belair said they did the first mowing last week and the irrigation is working. They are going to try and get it paved in the next couple of weeks.CM Scharber asked if there are plans for a satellite? Public Works Supervisor Belair said yes. It will be located between the tennis court and the play ground. 8. Daniel Licht, City Planner. 8.1. Residential Plat Summary. City Planner Licht presented. There are 1,046 final platted lots that have not been built. About one third of the lots have been platted for townhomes. 9. Ron Wagner, City Engineer. 9.1. Review Required Stormwater Maintenance. City Engineer Wagner reviewed. This map will be handed out to the Public Works crew and they check off what needs to be done. It is required for the Stormwater NPDES. CM Scharber asked how long will this work take. Public Works Supervisory Belair said they will start the middle of September. This is a new project for the Public Works and it is unknown how long it will take until you get out there. CM Scharber said it would be nice to know in advance for the budget and told City Engineer Wagner it should be moved up on the calendar for next year. City Engineer Wagner said he got a cost estimate for the street light repairs on Quaday Avenue in the amount of $3370. CM Heidner motioned to approve the repair not to exceed $3370. Seconded by CM Darkenwald. All in favor. Motion carried. City Engineer Wagner said the seal coat project will start on August 30th and will be done in one-two days. Public Works Supervisor Belair has his crew out doing crack filing this week. 10. Andrew MacArthur, City Attorney. 10.1. Information on Arbor Creek Letter of Credit. City Attorney MacArthur reviewed. The original Letter of Credit (LOC) was issued by Mainstreet Bank and the FDIC is now the receiver of that bank. The Developer is not able to obtain another LOC. There is still public infrastructure that needs to be completed. Staff recommends amending the Developers agreement. CM Heidner said a clause should be added that some pipes may need to be replaced in the future. CM Scharber said no one would be able to build homes without that section being completed. City Engineer Wagner said a minimum of $265,000 in a LOC is what the Developer would need to come up with. CM Darkenwald said that the LOC covers future work and they do not owe us any money. City Council Meeting August 23, 2010. Page 4. CM Scharber motioned to approve City Attorney to work on an agreement. Seconded by CM Heidner. All in favor. Motion carried. City Attorney MacArthur said that there will be a decision posted tomorrow morning by 10 am on the New River Medical Center appeal. 11. Council Items. 11.1. Scharber & Sons Invoice. CM Heidner motioned to approve. Seconded by Mayor Stockamp. Motion carried 3-0. CM Scharber abstained. 11.2. Linda Lewis Resignation. CM Scharber motioned to approve. Seconded by CM Darkenwald. All in favor. Motion carried. 12. Mike Robertson, City Administrator. 12.1. Otsego Festival. City Administrator Robertson reviewed a request from the Otsego Festival to use the Public Works for storage before the Otsego Festival. This was brought up because we have a key policy. Staff recommends approval with six conditions. Mayor Stockamp motioned to approve the Otsego Festival use of the building with the six conditions in the staff report. Seconded by CM Heidner. All in favor. Motion carried. 13. Gary Groen, Finance Director. No items. 14. Tami Loff, City Clerk. No items. 15. Adjourn by 10 PM. CM Scharber motioned to adjourn. Seconded by CM Darkenwald. All in favor. Motion carried. Adjourned at 7:54 PM. ATTEST: Tami Loff, City Clerk Mayor Jessica Stockamp