11-09-98 CCCITY OF OTSEGO
WRIGHT COUNTY, MINNESOTA
CITY COUNCIL MINUTES
6:30 PM
COUNCIL CHAMBERS
OTSEGO CITY HALL
NOVEMBER 9, 1998
1. Mayor LaEry Fournier will call meeting to order:
Mayor Fournier called the City Council Meeting to order at 6:30 PM.
Mayor Fournier led in the Pledge of Allegiance.
b. Roll Call. Mayor Larry Fournier; Councilmembers: Vern Heidner,
Virginia Wendel, Mark Berning, Suzanne Ackerman.
Staff: Mike Robertson, City Administrator; Elaine Beatty, City Clerk/Zoning
Administrator; Judy Hudson, Deputy Clerk/Treasurer; Andrew MacArthur, City
Attorney; Larry Koshak, City Engineer. Absent: Dan Licht, City Planner
2. Consider agenda approval
oval"
Mayor Fournier requested Item 5.1. be removed from the Consent Agenda to Item 9.1.C.
for Discussion. Mayor Fournier also requested to add under Item 9.1. Set a Public Works
Sub -committee meeting and an Administrative Sub -committee Meeting.
CM Berning motioned to adopt the November 9, 1998 City Council Agenda as
amended. Seconded by CM Heidner. All in favor. Motion carried.
3. Consider Minutes:
a. Regular Council Meeting of October 26, 1999,
Mayor Fournier asked for more discussion to be added to the minutes under Item 8.2.
Mike Robertson suggested adding; Mr. MacArthur will update the Developers
Agreement and present to the City Council for approval.
CM Heidner motioned to adopt the October 26, 1998 City Council Meeting Minutes
as amended. Seconded by CM Berning. All in favor. Motion carried.
4. Open Forum:
4-1- Spec al Presentation:
A. Doug Bumgardner - Re; 9700 Nashua Ave NE and two
residences on one lot. (See attached letter from Mr. Bumgardner).
Mr. Bumgardner stated his in-laws have lived in the second residence on his lot for two
years. It has a kitchen, bathroom and bedroom. He is selling his property and requests
that the bathroom be allowed in the second residence since the new owners will be using it
for home schooling and a wood working area. He will have this bathroom hooked up to
the new septic system.
CM Heidner motioned for this second structure to be allowed to connect to the new
septic system as long as the shower, bathtub and cooking facility are removed.
Seconded by CM Ackerman. All in favor. Motion carried.
City Council Meeting of November 9, 1998, contd. Page 2.
4.2. Any other Open Forum:
No one else appeared on Open Forum.
Approval of Abdo, Abdo, Eick & Meyers LLP Certified Public
Accountants and Consultants for the Year Erdiy��_ �Yr—.199-9
S •
Item 5.1 was removed and placed under Item •
7. Larry Koshak, City Engineen
7.1. Water Tower Discussion.
Mr. Koshak gave updates of recent meetings he has had with Lavenduer's Realtors and
with Ed Dauphinais.
7.2. Any other .nginee`ring Business.
Mr. Koshak said the culvert for Mason Avenue has been ordered and the contractors have
been lined up. There was a pre -construction meeting for Well #2 November 4 and
construction will start on Monday.
8. Andrew MacArthur, City Attorney
9.1. Public Hearing on assessments against described properties as follows:
NAME. PID # Amount
David and Lorraine Schroeder 118-800-141303 $325.63
Fees due for privately owned road converted to City St. (62nd ST.)
Timothy E Eckeren 118-500-333206 $335.41
Charles/K Chad Lofgren 118-500-333204 $335.41
Theresa Gail Thell 118-500-333209 $335.41
Mayor Fournier opened the Public Hearing at 7:15 PM.
Elaine Beatty stated the proper noticing was done. City Attorney, Andrew MacArthur
explained the purpose of this Hearing and also explained the property owners rights of
objections and the procedure. Mayor Fournier opened the Public Hearing for Public
Comment.
David Schroeder, 10790 95th St. NE. Mr. Schroeder disagreed with the additional
$325.63 he is being charged for the Conditional Use Permit issued by the City. He felt
NAC's billing was too high. He also noted he was being charged for recording and
publishing fees. When he applied for the CUP he was told the cost would be $500, which
was the amount he paid at the time of application. This $500 would take care of
everything except the building permit. Mr. Schroeder said that he would not object to
paying the bill after the recording and publishing costs were removed, for a new total of
$273.12.
City Council Meeting of November 9, 1998, cont'd. Page 3.
Theresa Gail Thell, 62nd Street. Ms. Thell stated she never received any notices of
meeting dates for 62nd Street and that she only received the bill for $335.41. Since she
wasn't at any of the meetings, she felt decisions were made which she wasn't aware of.
She feels the bill for $335.41 is too high since she only owns 50 feet on 62nd Street and
should not have to pay for all the contacts one of her neighbor's made with the City
Attorney.
Mr. MacArthur explained how the City acquired the additional 16 feet of land needed for
this street, his time at meetings, drafting the Quit Claim Deeds and also recording fees.
Mr. Robertson explained the City did not bill residents on front footage, but per unit
because they all had equal use of the street.
Ms. Thell asked how she could appeal her bill. Mr. MacArthur explained the process to
her.
Tim Eckeren, 14162 62nd Street. Mr. Eckeren stated he hadn't wanted to sign the Quit
Claim Deed but felt pressured from his neighbors. He stated that since one of the 62nd
Street resident had 65 to 70% of the phone calls to the attorney, he shouldn't have to pay
for those calls. Mr. Eckeren also said he was planning on plowing out the road this winter
and so would not have cared if it remained a private road. CM Wendel asked him if he
had informed his neighbors of this and he replied he hadn't. Mayor Fournier said that one
of the residents was the spokesperson for this project which was the reason for all the
phone calls to the City Attorney.
Mr. Eckeren also said that there has been no dust control or gravel on 62nd Street.
Mayor Fournier replied that these items are in the 1999 budget.
Mayor Fournier brought the discussion back to the Council.
CM Heidner motioned to close the Public Hearing for Special Assessments.
Seconded by CM Berning. All in favor. Motion carried.
CM Berning motioned to adopt the Resolution 98-29, a Resolution Adopting
Assessment to be placed on the 1999 Tax Roll at the rate of 7% interest and
amending David C. and Lorraine H. Schroeder's assessment from $325.63 to
$273.12. Seconded by CM Wendel. All in favor. Motion carried.
8.2. Consider Dayton Sewer Service Contract_
Mr. MacArthur stated he hasn't finished the Contract as of this date. He also wants Larry
Koshak to review it.
There was none.
Mike Robertson reported all of the out -buildings on the Peavey property have been
removed by the Public Works Department. Long and Sons will clean the inside of the
house for approximately $295. Dean Tree Service will trim some of the trees due to
hanging branches.
City Council Meeting of November 9, 1998, cont'd. Page 4.
Mayor Fournier motioned to authorize the City Administrator to hire contractors to
clean up the Peavey property in preparation for rental. Seconded by CM
Ackerman. All in favor. Motion carried.
CM Heidner requested staff to keep track of all costs associated with the Peavey property.
CM Wendel requested that the Heritage Commission be informed of the costs.
B_ Consider Contribution to Wright County Drug Task Force
Mayor Fournier recommended a donation for 1998 of $1,000.
CM Berning motioned to table this consideration until the Budget Meeting on
Thursday, November 12, 1998 and at that time consider including a donation in the
1999 Budget. Seconded by CM Heidner. All in favor. Motion carried.
C. Any other Council Business.
5.1. Approval of Abdo, Abdo, Eick & Meyers LLP Certified Public
Accountants and Consultants for the Year Ending December 31, 1998
Audit.
Mayor Fournier felt the price seems high and suggested to negotiate a three year contract.
Mike Robertson said he will check into this.
D. Set Public Works and Administrative Sub -committee meetings.
c
Mayor Fournier set November 16, 1998, 4 PM for Public Works. Since there is no
agenda items for an Administrative Sub -committee Meeting, one was not set.
9.2. Mike Robertson, City Administrator - update
A. Personnel Policy (Cont- from 10-26-98 Agenda(
Mike Robertson stated that after discussing benefits with the staff, the consensus was that
any additional money the City gave for insurance benefits, they would rather put that
towards medical/health insurance rather than Long Term Disability insurance.
The Council discussed they would rather see 2 hours than the suggested one-half hour
under Sec. 3-2.6.6 Page 6.
CM Berning motioned to adopt the proposed new Personnel Policy with the change
to Sec. 3-2-.6 to two hours. Seconded by CM Ackerman. All in favor. Motion
carried.
CM Wendel motioned that the effective date for the Personnel Policy is January 1,
1999. Seconded by CM Berning.
Discussion: Mayor Fournier supported January 1, 1998 since this was the date the
Administrator Sub -committee has discussed throughout the updating process. The
rest of the Council felt because of the lateness in the year it should be January 1,
1999.
Voting for the Motion: CM Wendel, CM Berning, CM Heidner, CM Ackerman.
Voting Against the Motion: Mayor Fournier.
Motion carried four (4) to one (1).
B. 85th and Odean Accident Information.
Mike Robertson reported that according the Sheriffs Department, there have been three
accidents at Odean and 85th Streets in the past two years. They couldn't determine a
pattern to the accidents.
City Council Meeting of November 9, 1998, contd. Page 5.
9.3. Elaine Beatty, City Clerk - update.
Elaine reported she has received one application for the Planning Commission. CM
Heidner suggested Ing Roskaft should be named an Honorary Member of the Planning
Commission.
Mike will be sending letters to all of the commission members whose terms are expiring
the end of 1998.
9.4_ Consider Claims List forapproval-
CM
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CM Heidner motioned to adopt the Claims List as presented. Seconded by CM
Ackerman. All in favor. Motion carried.
9.5. Close Council Meeting:
A. Open Closed Meeting for Attorney Client Privilege with
Andrew MacArthur. qty Attorney -
CM Heidner motioned to close the City Council Meeting. Seconded by CM
Ackerman. All in favor. Meeting closed at 9:07 PM.
Attending: Mayor Fournier; CM Wendel, CM Ackerman, CM Heidner, CM Berning.
Staff: Mike Robertson, City Administrator; Elaine Beatty, City Clerk/Zoning
Administrator; Judy Hudson, Deputy Clerk; Andrew MacArthur, City Attorney; Larry
Koshak, City Engineer.
B. Re -open Council Meeting..
CM Heidner motioned to re -open the City Council Meeting. Seconded by CM
Berning. All in favor. Meeting re -opened at 9:40 PM.
9.6. Adjourn by 10 PM.
CM Berning motioned to adjourn. Seconded by CM Ackerman. All in favor.
Motion carried.
Meeting adjourned at 9:41 PM.
Mayor Larry Fournier
Attest: Elaine Beatty, City Clerk/Zoning Admin.
Recorded by: Judy Hudson, Deputy Clerk
City Seal