08-23-99 CCCITY OF OTSEGO
WRIGHT COUNTY, MINNESOTA
CITY COUNCIL MEETING
6:30 PM
CO
COUNCIL CHAMBERS
OTSEGO CITY HALL
AUGUST 23, 1999
1. Mayor Larry Fournier will call meeting to order:
Mayor Fournier called the City Council Meeting to order at 6:31 PM.
a. Pledge of Allegiance-
Mayor
ll .glance"Mayor Fournier led in the Pledge of Allegiance.
b. Roll Call.
Mayor Larry Fournier; Councilmembers: Vern Heidner, Suzanne Ackerman, Virginia
Wendel. CM Mark Berning arrived at 6:45 PM.
Staff: Mike Robertson, City Administrator; Elaine Beatty, City Clerk/Zoning
Administrator; Judy Hudson, Deputy Clerk; Andrew MacArthur, City Attorney; Dan
Licht, City Planner; Larry Koshak, City Engineer.
2. Consider agenda approval_
Mike Robertson requested to add the Barbarossa & Sons Request for Payment under the
City Engineering Item 7.4. and to add under Item 6.3. Advertise for Planning Commission
Member. Mayor Fournier requested to move Item 9.2.A. to Item 4.A. and to add under
Item 7.4. Discussion of Water Tower and under Item 8.2. Consideration of Gambling
License.
CM Ackerman motioned to approve the August 23, 1999 City Council Agenda as
amended. Seconded by CM Wendel. All in favor. Motion carried.
3. Consider Minutes:
a. August 9, 1999 Regular Council Meeting Minutes,
CM Wendel motioned to approve the Minutes as written. Seconded by CM
Ackerman.
Voting For the Motion: Mayor Fournier, CM Wendel, CM Ackerman
Motion Carried. CM Heidner abstained since he was not in attendance at the
August 9, 1999 Meeting. CM Berning was absent at this point in the meeting.
b. August 2, 1999 Budget Workshop.
CM Heidner noted the motion on Page 1, under Item 2 should read from the Odean
Avenue Fund rather than the General Fund. Mike Robertson noted the motion should also
read a three (3) to zero (0) vote since CM Berning and CM Ackerman were not in
attendance at that point in the Budget Workshop.
CM Wendel motioned to approve the minutes as amended. Seconded by Mayor
Fournier.
Voting For the Motion: Mayor Fournier, CM Wendel, CM Ackerman, CM
Heidner. Motion Carried CM Berning was absent at this point in the meeting.
City Council Meeting of August 23, 1999, cont'd. Page 2.
4. Open For
4.1. Any
No one appeared.
A. Discussion of driveway width issues (,Cont'd from 8/9/991
Mike Robertson presented a brief history of the driveway allowance of 24 feet and the
Council's previous consideration and decision of not increasing the width. Staff concern is
with the driveways that
have recently been placed wider than the allowed 24 feet and what type of enforcement
does the Council want taken.
CM Berning arrived at this point (6:45 PM).
After Council and staff discussion the following action was taken:
Mayor Fournier motioned to reconsider the driveway width issue. Seconded by CM
Wendel.
Voting For the Motion: CM Wendel, CM Heidner, Mayor Fournier
Voting Against the Motion: CM Berning, CM Ackerman.
Motion carried three (3) to two (2).
CM Wendel motioned to send this issue of driveway width allowance to the
Planning Commission to discuss a 30 foot access width at the radius curb. Seconded
by Mayor Fournier.
Voting For the Motion: CM Wendel, Mayor Fournier
Voting Against the Motion: CM Ackerman, CM Heidner and CM Berning
Motion failed three (3) to two (2).
CM Heidner motioned to send to the Planning Commission to reconsider the
driveway width issue of 30 feet without radius.
Motion failed for a lack of a second.
The Council and Staff discussed enforcing the ordinance pertaining to driveway widths.
They agreed the ordinance should be clarified for easier interpretation.
CM Berning motioned for staff to clarify and incorporate into the Ordinance plates
interpreting the ordinance by showing a standard radius of 24 feet as the Ordinance
states and to be enforced. Seconded by CM Ackerman. All in favor. Motion
carried.
CM Wendel requested to have Number 7 of Section 20-22-H.7. changed to read
approved by the City Council rather than the City Engineer.
No Items.
6. Dan Licht, City Planner:
6.1. Highway #101 Businesses.
Dan Licht went over his report. The Council discussed the different ordinance violations
along Highway 101.
City Council Meeting of August 23, 1999, cont'd. Page 3.
CM Berning motioned to enforce the Conditional Use Permits on Sites 8 and 9 and
send everyone a notice notifying them of their non -conformance's following the
Code Enforcement Procedure Policy for all of these listed in the NAC Report.
Seconded by CM Ackerman.
Discussion: CM Heidner stated concern with the costs of Code Enforcement. CM
Berning feels that violations can't be ignored.
Voting For the Motion: CM Ackerman, CM Berning, CM Heidner, Mayor
Fournier.
Voting Against the Motion: CM Wendel.
Motion carried four (4) to one (1).
6.2_ Discussion of City Ordinance re: Lawn Watering Po icy
CM Ackerman motioned to wait until staff feels it is necessary to adopt a Lawn
Watering Policy. CM Wendel seconded. All in favor. Motion carried.
6.3. Any other Planning Business.
The Council directed Mike Robertson to advertise for Planning Commission Members and
to set up interview times for October 25th, 1999.
7. Larry Koshak, City Plannere
7.1. Discussion of Overlay Project Assessments_
Larry Koshak stated that the Assessment Roll needs to be submitted to the County by the
end of November. Mr. Koshak recommended for an assessment hearing to be held early
November. Mike Robertson agreed with Mr. Koshak's recommendation. Discussion was
held on what number of assessments to be used on the undeveloped 40 acre parcels which
the Council has taken no previous action. Mike Robertson suggested to Council that staff
prepare an Assessment Roll and outlining different options.
CM Berning motioned to set October 28, 1999, 7 PM, as the Public Hearing for the
Bituminous Street Overlay. Seconded by CM Ackerman. All in favor. Motion
carried.
Larry Koshak went over the 78th Street bids. Andrew MacArthur recommended to table
taking any action until a commitment is received from the developers and other issues are
resolved.
Mayor Fournier motioned to table any action on the 78th Street Bids. Seconded by
CM Ackerman. All in favor. Motion carried.
7.3. "Wetland Permit - Crimson Ponds"
Mike and Larry Koshak distributed additional information. Mike explained he did receive
comments from the DNR and they want a EIS done for each project. A Findings of Fact
will be prepared on the Council's decision.
CM Heidner motioned to approve Crimson Ponds Wetland Permit. Seconded by
Mayor Fournier. All in favor. Motion carried.
Mayor Fournier motioned to authorize the City Administrator to sign the document
as the LGU officer. Seconded by CM Ackerman. All in favor. Motion carried.
City Council Meeting of August 23, 1999, cont'd. Page 4.
7.4. Any other Engineering Business.
7.4_a_ Payment to Barbarossa & Sons for
The Council decided to leave this claim on the Claims List.
Larry Koshak said work is being continued on the Water Tower.
7.4.c.�R quest from Rudy Thibodeau for Sewer and Water Service_
John Weicht, Contractor for the Thibodeaus, stated the Thibodeaus need the water and
sewer connection this fall to proceed with their restaurant plans.
The council directed Mike to contact all the businesses in this area to find out if they also
want sewer and water and also to get figures for temporary service.
Mike Robertson explained the EAW decision for Pheasant Ridge has to be made 30 days
after the comment period ends. The Council set Wednesday, September 8, 1999 at 6 PM
for a Special City Council Meeting to address the EAW for Pheasant Ridge and also to
include the Budget Workshop.
8. Andrew MacArthur, City Attorney:
8.1. See 9.6. below.
9-1-a- Gambling License Application.
Andrew MacArthur stated he reviewed the application and it appears in order.
Mayor Fournier motioned to approve the Minnesota Lawful Gambling Permit for
Minnesota Waterfowl Association at Riverwood Inn & Conference Center for
September 9, 1999. Seconded by CM Wendel. All in favor. Motion carried.
8.2. Any other Legal Business,
None
9_ Council Items:
9.1. A. Approval of Community Recreation Year 2000 Budget,
Mike Robertson reviewed the budget. Council was in consensus that the proposed
assessment was okay.
B. Any other Council Business.
9.2. Mike Robertson, City Administrator - update:
B. Budget 2000 - Assessor Costs
Mayor Fournier motioned to renew the City Assessor's Contract for one year at
$7.25 per parcel. Seconded by CM Ackerman. All in favor. Motion carried.
CM Heidner stated that he would like the City Assessor to get caught up on the assessed
valuations for the new homes.
C. Any other Administrative Business.
Mike reminded the council there is a Council Workshop Thursday, August 25, 1999 at 4
PM to interview applicants for the Sewer Plant Operator.
9.3. Elaine Beatty, City Clerk - update,
No updates.
City Council Meeting of August 23, 1999, cont'd. Page 5.
9.4. Judy Hudson_ Deputy City Clerk - update
"
Judy asked the Council to add to the Claims List the payment to the Elk River Bank Bond
Payment for $28,906.25.
9.5. Consider Claims List for apnroval.
CM Berning motioned to adopt the Claims List as presented. Seconded by CM
Wendel. All in favor. Motion carried.
9.6. Closed Meeting r (dean Avenue Easement
CM Heidner motioned to close the City Council Meeting. Seconded by CM
Ackerman. All in favor. Motion carried. Meeting closed at 10:34 PM.
Mayor Fournier motioned to open the Closed Meeting. Seconded by CM Ackerman
All in favor. Motion carried. Closed Meeting opened at 10:35 PM.
Attending the Closed Meeting: Mayor Fournier, CM Ackerman, CM Berning, CM
Heidner, CM Wendel. Staff: City Administrator Mike Robertson, Elaine Beatty,
City Clerk/Zoning Administrator, Judy Hudson, Deputy Clerk, Andrew
MacArthur, City Attorney.
CM Berning motioned to close the Closed Meeting. Seconded by CM Ackerman.
All in favor. Motion carried. Closed at 10:57 PM.
CM Ackerman motioned to re -open the City Council Meeting. Seconded by CM
Berning. All in favor. Motion carried. Meeting re -opened at 10:57 PM.
9.7. Adjourn by 10 PM.
CM Berning motioned to adjourn. Seconded by CM Ackerman. All in favor.
Motionc 'ed. Meeting adjourned at 10:58 PM.
Mayor F6urnier
Beatty, City Clerk/Zoriing
Recorded by: Judy Hudson, Deputy
City Seal