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From YouTube: City Council Meeting 01 17 2017
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A
Hearing,
none,
I'll,
look
for
council
action;
all
those
in
favor,
say:
aye
opposed
motion
carries
number
3,
ordinance,
number
16,
2
8
amending
section
14.0
2:09,
regarding
prohibiting
injury
to
public
trees
to
clarify
nuisance
tree
trimming
requirements.
This
is
a
second
reading
and
I
will
look
for
a
motion
in
a
second
for
discussion
motion
by
Randy
second,
by
Mike.
E
E
E
It
was
initially
on
here
just
simply
to
get
rid
of
any
sort
of
confusion
as
to
how
this
ordinance
that
prohibits
the
injuring
of
public
trees
relates
back
to
another
ordinance
that
deals
with
nuisance
trees,
namely
those
trees
that
hang
too
low
over
a
sidewalk,
where
our
ordinance
empowers
landowners
to
be
able
to
address
those
trees.
The
amendment
came
after
municipal
utilities,
contacted
us
and
stated
that
they
would
like
an
exception
as
well,
for
their
important
operations
to
protect
their
lines
and
allow
them
to
trim
trees
when
their
lines
are
jeopardized
by
trees.
A
Thanks
Justin
any
questions
on
this
hearing.
None
I'll
look
for
counsel
action,
all
those
in
favor,
say
aye
opposed
aye
motion
carries
number
four.
First,
we
have
ordinance
number
16,
2
9
amending
section,
14.0
7:04
regarding
an
inspection
of
the
Dutch
elm
disease
infections,
I.
Guess
it's
just
a
little
history
on
that,
then
judgement
will.
E
E
That
would
prove
fatal
and
would
quickly
spread
to
other
trees.
So
essentially,
they
were
diseases
that
quote
unquote,
constitute
an
imminent
hazard.
End
quote,
which
is
a
key
legal
phrase
for
the
ability
of
the
city
to
be
able
to
abate
a
public
nuisance
that
is
private
property.
So
anyways
I'll
go
down
the
list
here
briefly
and
explain
each
change
in
order
to
make
these
changes
comprehensive.
E
We
had
to
look
at
other
sections
and
other
authority
elsewhere,
namely
with
the
board
the
park
board,
and
so
this
first
revision
here
to
1404
o
5,
just
clarifies
that
the
board
isn't
given
sole
discretion
to
remove
trees
in
public
places
that
the
superintendent
has
the
authority
when
these
two
diseases
are
found
with
the
trees.
The
same
is
the
the
rationale
for
the
change
to
1404
1
1404
12,
and
that
takes
the
disease
component
out
of
the
board's
purview
and
clarifies
that
it
should
be
placed
with
the
superintendent
further
down.
E
We
have
40
no
603,
which
simply
underscores
the
superintendent's
authority
now
extends
to
all
public
nuisance
tree
diseases
and
then
finally,
chapter
1407
is
comprehensively
revised,
taking
what
was
once
the
Dutch
elm
disease
chapter
and
turning
it
into
the
essentially
the
nuisance
tree
disease.
Chapter
broadening
it
because
the
framework
that's
there
for
procedural
due
process
is,
is
still
effective
for
finding
vesting
the
superintendent
with
investigative
authority
and
how
that
process
plays
out.
E
E
So
that's
that's
the
reason
why
a
catch-all
isn't
in
there
and
really
as
it's
right
now.
There
are
only
two
diseases
that
fit
the
category
of
being
an
imminent
hazard,
meaning
their
their
fatal
to
a
tree.
Their
fast
spreading
and
removing
a
tree
gets
rid
of
the
disease,
and
that's
with
the
Dutch
elm
disease
and
with
the
emerald
ash
borer
disease.
Now
emerald
ash
borer
still
hasn't
made
it
to
this
community
and
Jake,
and
certainly
answer
your
questions
in
greater
detail
with
that.
But
it
is
in
eastern
Minnesota.
There
are
reports
of
it
there.
E
D
E
It
stands
right
now.
The
party
aggrieved
the
party
who
says
no,
the
tree
isn't
diseased,
can
request
the
Park
Board
basically
hold
off
on
the
decision,
ask
for
a
stay
and
then
because
there
isn't
any
right
of
appeal
explicit
in
this
chapter.
They
would
then
go
to
Circuit
Court
to
have
this
dealt
with
there
to
try
to
overturn
the
superintendent's
decision
now
that
can
certainly
be
changed
within
this
framework.
The
one
thing
I
would
say
to
support
the
superintendent
being
able
to
have
that
authority.
E
Is
that
the
decision
of
whether
or
not
a
tree
is
diseased
or
not
is
a
pretty
black-and-white
determination
either
there
is
the
presence
of
the
Dutch
elm
pathogens
or
the
insects
that
spread
it
or
the
same
with
the
emerald
ash
borer
it's
black
or
white
determination.
Generally
speaking,
is
that
fair
to
say,
J
or
okay
yeah.
A
E
E
Anybody
working
out
of
their
home
could,
in
theory,
constitute
a
home
occupation
and
thus
require
the
conditional
use
permit.
However,
we
know
from
past
practice
that
the
second
floor
here
at
City,
Hall,
Building
Services,
has
taken
a
look
at
some
of
these
applicants
and
has
dissuaded
them
from
even
coming
before
the
Board
of
Adjustment
to
obtain
a
permit
because
they
clearly
didn't
meet
any
of
the
rationales
for
why
this
this
chapter
on
home
occupations
exists
in
the
first
place.
So
what
this
language
does
is
it
takes?
F
A
Is
correct:
customers?
Okay,
number;
six:
first,
we
have
orders
number
17-0
for
amending
section,
ten
point:
zero,
two
zero,
two
of
the
revised
ordinances
or
the
city
of
Watertown,
to
clarify
procedure
for
modification
variances
to
the
fire
code
and
again,
first
reading
and
adjusting
like
it
was
short
synopsis
on
that.
Yes,.
E
Mayor
absolutely,
this
is
just
a
housekeeping
measure.
The
language
that
existed
that
exists
currently
in
1002
o2
is
somewhat
unclear,
and
the
reason
for
that
was
because
of
a
transcription
issue
between
the
International
Fire
Code,
where
a
lot
of
this
language
is
derived
and
the
ordinance
as
it
sets
today.
This
would
simply
refine
the
language
make
sure
that
it
accurately
reflects
what's
in
the
International
fire
code,.
A
Thanks
Justin
number
7
resolution
number
17
deserve
1,
providing
for
the
classification
sours,
a
certain
city
with
water
time,
employees
and
officers
for
the
period
commencing
January
1
of
2017
I'll.
Look
for
a
motion
in
a
second
for
any
discussion
motion
by
Bruce
second
by
Dan.
Any
questions
on
that
guys.
A
Hearing
none,
I'll,
look
for
council
action,
all
those
in
favor,
say:
aye
opposed
motion
carried
number
8
resolution
number
17
0,
providing
for
the
classification,
sorry,
guidelines
of
certain
city
of
Watertown
employees
for
the
period
commencing
journey
with
January
1
of
2017
I'll.
Look
for
a
motion,
a
second
for
discussion
motion
by
Randy
second,
by
Beth.
Any
questions
on
this
just.
A
Any
other
questions,
hearing
none
I'll,
look
for
council
action,
all
those
in
favor,
say
aye
opposed
motion,
carries
number
nine
authorization
for
the
mayor
to
sign
an
amend
and
amended
purchase
agreement,
Delores
J
cooked
to
purchase
five
acres
of
land
adjacent
to
the
Watertown
landfill.
In
the
amount
of
forty
thousand
five
hundred
dollars,
you
will
notice
that
this
says
amended
purchase.
What
we're
using
is
the
original
purchase
and
we're
amending
the
description
of
the
property
of
the
land
being
being
bought.
This
is
adjacent
to
the
landfill
we've
already
bought
five
acres.
E
A
E
All
I'd
be
asking
for
mayor
and
I
apologize.
It
would
be
an
amendment
to
paragraph
four
and
the
way
it
would
read
is
the
2016
real
estate
taxes
do
in
2017
and
the
2017
taxes
do
in
2018
shall
be
paid
by
seller
and
all
subsequent
taxes
shall
be
paid
by
buyer.
The
rationale
for
this
suggestion
is
so
that
the
city
doesn't
pay
any
taxes
to
the
county.
We
want
to
make
sure
that
you
know
the
January
2017
taxes
which,
if
this
weren't
changed,
would
be
paid
by
the
city,
would
instead
be
paid
by
Miss
cook.
E
C
F
A
We
do
yeah,
we
have
an
option
on
I
forget
how
many
acres
it
is,
but
we
it's
that's
correct
we've,
so
this
would
be
10
out
of
the
80,
so
there's
still
70
acres
that
we
have
the
option
to
purchase.
So
I
will
look
for
council
action.
All
those
in
favor,
say,
aye
opposed
motion
carries
and
we'll
move
on
number
10
authorization
for
the
mayor
to
sign
contract
amendment
number
1
to
the
contract,
with
Houston
engineering
for
the
landfill
cell
number
6
construction
project,
increasing
the
contract
amount
by
57,000,
one
hundred
ninety
six
dollars.
A
H
Thank
you
mayor.
As
I
indicated
in
my
memo
in
the
council
packet,
this
project
it
was
initiated
in
the
fall
of
2013.
H
H
Almost
immediately
did
not
complete
the
project
on
schedule
and
then
at
the
end
of
the
project.
Some
some
of
the
work
was
indicated
to
not
be
satisfactory
and
needs
to
be
re
constructed
this
spring.
So
that's
why
the
this
amendment
takes
care
of
all
of
the
extra
engineering
from
September
30
till
roughly
the
end
of
November,
because
there
was
extra
engineering
fees
and
schedule
throughout
the
extended
time
that
the
Patrick
went
past.
H
This
original
completion
date,
which
was
September
30,
then
also
recognizing
how
much
more
effort
we're
gonna
have
to
do
to
get
the
cell
completely
constructed
to
spec
so
that
we
can
separate
garbage
in
it
and
get
certified
through
the
state.
So
a
lot
of
the
construction
services
that
we
approved
in
December
of
2015
will
need
to
be
redone.
We
do
we
have
entered
the
liquidated,
damages
phase
of
the
contract
as
of
September
30.
H
So
we've
we've
already
set
aside
eighteen
thousand
five
hundred
dollars
in
funds
for
that
effort
between
September
30
and
November
17,
and
when
work
resumes,
we
will
again
be
collecting
liquidated
damages
at
the
rate
of
$500
per
days.
A
lot
of
this
extra
engineering
costs
will
be
offset
by
the
collection
of
those
liquidated
damages
it.
It
may
not
cover
it
all,
but
it'll
cover
a
substantial
portion
of
it.
Now
this
is
an
enterprise
fund,
so
there
is
funding
to
pay
for
the
unbalanced
portion
of
the
engineering.
H
The
other
thing
that
won't
be
the
contractor
will
pay
all
direct
costs
for
the
retesting
of
soils,
so
any
any
of
those
hard
costs
that
the
city
paid
for
the
first
time
around
and
now
subsequently
have
been
deemed
to
be
unacceptable.
They
pay
those
hard
costs
as
well,
so
with
that
I'll
stop
and
see.
If
there's
any
questions,
Shane.
D
H
Do
have
a
really
good
representative,
the
amount
of
extra
effort
in
the
engineering
fees
for
the
period
of
September
30
to
november
17th
was
identified
at
$20,000.
We've
collected
18,500
in
damages
through
that
same
period
of
time.
So
it's
going
to
be
right
close.
It
may
not
be
dollar
for
dollar,
but
but
it
represents
a
pretty
good
portion.
Yet
is.
G
H
F
F
H
We
now
want
to
go
to
a
full-time
inspection
because
we're
not
going
to
we're
not
going
to
leave
any
question
marks
through
the
reworking
of
the
material.
Now
we're
gonna
have
somebody
out
there
all
day,
every
day,
observing
the
work
making
sure
that
it's
getting
done
so
that
we
can
certify
this
with
the
state
that
the
cell
complies
with
the
state
regulations
and
get
get
it
using
garbage.
H
C
A
All
those
in
favor,
say
aye
opposed
opposed
motion
carries
thank
you
number
11
authorization
for
the
mayor
to
sign
a
professional
service
contract
with
Houston
engineering
incorporated
for
engineering
services
for
the
2017
re,
permitting
application
project
in
the
amount
of
twenty
two
thousand
nine
hundred
forty
six
dollars
at
this
time.
I'll
look
for
a
motion,
a
second
for
discussion
and
we'll
turn
it
over
to
Shane
washing
by
bethe,
second,
by
Bruce
Shane.
If
you
want
to
take
this
one.
H
Thank
You
mayor,
the
permit
for
the
landfill
is
due
to
be
resubmitted
in
2017,
so
since
Houston
engineering
has
done
our
a
substantial
portion
of
the
engineering
services
at
the
landfill
over
the
last
fall
since
last
three
three
plus
years,
we
decided
to
have
them
continue
with
the
services
out
there
by
rewriting
the
permit
for
the
facility,
and
they
gave
us
a
quote
early
on
before
we
got
to
the
space
and
the
landfill
staff
has
budgeted
for
this
of
money
and
have
it
in
their
capital.
So
Shane.
A
A
I
A
Reject
the
City
Hall
and
keep
the
downtown
so
I
have
a
motion
by
Bruce
to
take
that
and
a
second
by
Dan
any
questions
on
that
hearing.
None
I'll,
look
for
council
action,
all
those
in
favor,
say:
aye,
aye,
opposed
motion
carries
number
13
consideration
and
change
order.
Number
two,
which
is
a
final
two:
the
contract
with
jeff
agro
excavating
for
the
Big
Sioux
River,
we're
breech
project,
increasing
the
contract
amount,
2,500,
thirteen
dollars
and
fifty
six
cents.
I
look
for
a
motion,
a
second
for
discussion
motion
by
Bill,
second,
by
Mike
Shane.
H
Thank
You
mayor
I
will
clarify
all
the
work
has
been
completed.
That's
why
you're
seeing
it
final
change
order.
The
only
changes
to
the
contract
was
the
previous
$500
on
ginger
that
was
approved
in
December,
then
due
to
time
constraints,
and
we
did
kind
of
hash
over
that
those
patches
of
the
handling
halls
and
and
did
a
partial
repair
that
so
we
we
filled
those
holes
over
the
area
of
the
weir
breach
that
needed
to
be
back
filled
with
soil.
H
G
H
All
the
holes
are
on
the
top,
but
there
was
a
piece
that
we
thought
was
critical
in
where
we
put
backfill
in,
because
that
has
a
potential
to
settle
and
and
expose
the
weir.
We
were
most
concerned
with
those
everywhere
else.
The
weir
plates
are
driven
into
the
dirt
and
it's
native
soils
and
we
didn't
have
to
do
a
lot
of
filling.
We
decided
that,
based
on
our
conversation
of
last
month,
to
wait
and
see
how
those
went
and
then
if
they
were
problems,
we'd
go
fix
those.
Otherwise
we
don't
anticipate
that
they're
really
gonna.
H
A
E
A
E
A
I
At
the
January
3rd
City
Council
meeting
this
body
authorized
the
police
department
to
purchase
four
Dodge
Durango
sport
utility
vehicles
for
the
police
department
upon
initiating
the
order.
It
was
discovered
that
there
are
two
specific
issues
that
would
conflict
with
our
normal
operations
and
as
a
result
of
that,
we
would
ask
that
the
council,
rescind
the
authorization
and
look
at
the
next,
the
lowest
bid
for
police
vehicles,
buzz.
A
E
So
the
way
that
statute
reads
is
you
are
authorized
to
cancel
an
award
which
is
effectively
what
was
done
here
at
the
last
meeting,
so
you'd
be
cancelling
that,
based
on
a
bid
mistake,
the
bid
mistake
would
be
determination
that
the
bid
was
met,
including
all
of
its
specifications,
when,
in
fact
there
was
a
specification
that
was
not
met,
and
in
this
case
the
specification
and
if
I
understand
correctly,
captain
is
the
fact
that
the
Durango
did
not
have
vinyl
floorboards
or
floor
mats.
It
instead
only
came
in
carpeted
is
that
glass.
A
E
A
A
Rani's
recusing
himself
on
this
any
other
questions.
Hearing
none
I'll,
look
for
council
action,
all
those
in
favor,
say
aye
opposed
motion
carries
thank
you.
You
also
have
on
there
other
other
old
businesses
or
anything
that
need
to
be
done
on
that
particular
one
I,
don't
believe
so
any
new
business
thanks
got
any
new
business
that
we
need
to
discuss.
G
Why
don't
we
just
take
a
minute
then
and
we'll
update
the
public
on
on
where
we're
at
with
the
new
pray
Lakes
wellness
facility,
as
of
last
week,
the
work
to
complete
the
Aquatic
Center
and
for
the
most
part,
those
pools
actually
are,
are
close
to
being
filled,
if
not
full.
Now
the
balance
of
the
facility
is
in
some
of
its
earliest
cleaning
processes,
final
cleaning
processes
and
I
think
it's
the
end
of
the
month.
G
We
will
go
through
our
first
walkthrough,
with
both
the
architect
and
the
construction
manager,
pits
construction
and
we'll
be
going
through
the
checklist
and
and
for
the
first
level
of
checklist
on
it.
As
far
as
that
goes
so
we're
on
schedule.
If
everything
works
out
right
well,
for
us,
we
will
probably
get
the
key
somewhere
at
the
end
of
the
second
or
third
week
of
February,
and
then
we
will
be
putting
out
plans
for
when
the
facility
will
open.
A
It's
amazing
how
much
water
can
go
in
and
out
of,
like
four
garden
hoses,
you
know,
I
mean
thousands
and
thousands
of
gallons
to
fill
up
that.
That
pool
is
that,
where
there's
a
million
gallons
yeah
when
I
first
went
up
there
you're
seeing
these
little
garden
hoses
going
in
there
I'm
thinking
you
know.
Well,
we
just
put
the
big
old
fire
truck
in
there
and
get
it
to
get
her
done,
but
it
did
work
out.
It's
it's
quite
interesting
anything
else.
Anybody
have
anything
else
they
want
to
share
tonight.