01-28-2013 Council Meeting Minutes

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COUNCIL MINUTES January 28, 2013 APPROVED 135 in February, contract approval in March. A portion of right-of-way acquisition may require the use 136 of eminent domain. Council Member Stoesz asked about the temporary pond and what safety 137 precautions will be taken as well as how the public will be notified that it is temporary. Staff 138 explained that a fence around of the pond is planned and a sign will be considered. 139 140 Council Member Roeser moved to approve Resolution No. 13-06 as presented. Council Member 141 O'Donnell seconded the motion. Motion carried on a unanimous voice vote. 142 143 iii) Resolution No. 13-09,Acquisition of Right-of-Way—City Engineer Wedel explained 144 that the improvement was ordered in June 2012 and offers made for right of way after that time. One 145 property owner has concurred and one property owner has not responded. To keep the project on 146 track and meet timeframes for the proposed development, it is now necessary for the city council to 147 authorize the use of eminent domain. An appraiser has provided value information and staff is now 148 requesting that the city attorney proceed. Mayor Reinert explained where the improvements are 149 proposed and suggested that nothing will happen in a very development ripe area without these 150 road/utility improvements. The people that own the land are all businesspersons, want the 151 improvements and will benefit from the improvements. One landowner is allowing eminent domain 152 to proceed as a business practice. The city hopes to get the extension done and he finds it to be 153 appropriate. 154 155 Council Member O'Donnell moved to approve Resolution No. 13-09 as presented. Council Member 156 Roeser seconded the motion. Motion carried on a unanimous voice vote. 157 158 iv) Resolution No. 13-10, Restriction of Parking—City Engineer Wedel explained that `--159 because there may be MSA funds included in the project, design plans will follow MSA 160 requirements. This restriction of parking is a requirement. 161 162 Council Member Rafferty moved to approve Resolution No. 13-10 as presented. Council Member 163 Stoesz seconded the motion. Motion carried on a unanimous voice vote. 164 165 v) Resolution No. 13-08, Declaring Intent to Bond- Community Development Director 166 Grochala explained that the project is planned to be financed through the issuance of general 167 obligation bonds. This non-binding resolution follows federal regulations to allow that bonding. 168 169 Council Member Roeser moved to approve Resolution No. 13-08 as presented. Council Member 170 O'Donnell seconded the motion. Motion carried on a unanimous voice vote. 171 172 6B) Resolution No. 13-05, Approving Pay Request 3F (Final) and Compensating Change Order 173 No. 2, for the Otter Lake Service Road Culvert Replacement—City Engineer Wedel reported that 174 this project to replace a deteriorated culvert was primarily completed in 2012. Staff is requesting a 175 final payment on the project that includes a change order. 176 177 Council Member O'Donnell moved to approve Resolution No. 13-05 as presented. Council Member 178 Rafferty seconded the motion. Motion carried on a unanimous voice vote. 179 L 4