02-11-13 Council Packet - Laserfiche WebLink

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COUNCIL MINUTES January 28, 201 3 DRAFT 4 in February, with contract approval in March. A portion of right -of -way acquisition may require the 135 use of eminent domain. Council Member Stoesz asked about the temporary pond and what safety 136 precautions will be taken as well as how the public will b e notified that it is temporary. Staff 137 e xplained that a fence around the pond is planned and a sign will be considered . 138 139 Council Member Roeser moved to approve Resolution No. 13 -06 as presented. Council Member 140 O’Donnell seconded the motion. Motion car ried on a unanimous voice vote. 141 142 iii) Resolution No. 13 -09, Acquisition of Right -of -Way – City Engineer Wedel explained 143 that the improvement was ordered in June 2012 and offers made for right of way after that time. One 144 property owner has concurred an d one property owner has not responded. To keep the project on 145 track and meet timeframes for the proposed development, it is now necessary for the city council to 146 authorize the use of eminent domain. An appraiser has provided valuation information and s taff is 147 now requesting that the city attorney proceed. Mayor Reinert explained where improvements are 148 proposed and suggested that nothing will happen in a very development ripe area without these 149 road/utility improvements. The people that own the land a re all businesspersons, want the 150 improvements and will benefit from the improvements. The city hopes to get the extension done and 151 he finds it to be appropriate. 152 153 Council Member O’Donnell moved to approve Resolution No. 13 -09 as presented. Council Member 154 Roeser seconded the motion. Motion carried on a unanimous voice vote. 155 156 iv) Resolution No. 13 -10, Restriction of Parking – City Engineer Wedel explained that 157 because there may be MSA funds included in the project, design plans must follow MSA 158 requiremen ts. This restriction of parking is a requirement. 159 160 Council Member Rafferty moved to approve Resolution No. 13 -10 as presented. Council Member 161 Stoesz seconded the motion. Motion carried on a unanimous voice vote. 162 163 v) Resolution No. 13 -08, Declaring Intent to Bond - Community Development Director 164 Grochala explained that the project is planned to be financed through the issuance of general 165 obligation bonds. This non -binding resolution follows federal regulations to allow that bonding. 166 167 Council Member Roeser moved to approve Resolution No. 13 -08 as presented. Council Member 168 O’Donnell seconded the motion. Motion carried on a unanimous voice vote. 169 170 6B) Resolution No. 13 -05, Approving Pay Request 3F (Final) and Compensating Change Order 171 No. 2, for the Otter Lake Service Road Culvert Replacement – City Engineer Wedel reported that 172 this project to replace a deteriorated culvert was primarily completed in 2012. Staff is requesting a 173 final payment on the project that includes a change order. 174 175 Council Mem ber O’Donnell moved to approve Resolution No. 13 -05 as presented. Council Member 176 Rafferty seconded the motion. Motion carried on a unanimous voice vote. 177 178