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09-13-99 CCCITY OF OTSEGO WRIGHT COUNTY, MINNESOTA CITY COUNCIL MEETING 6:30 PM COUNCIL CHAMBERS OTSEGO CITY HALL SEPTEMBER 13, 1999 1 Mayor Lamy Fournier will call meeting to order: Mayor Fournier called the City Council Meeting to order at 6:33 PM. a_ Pledge of Alleaiance Mayor Fournier led in the Pledge of Allegiance. h. Roll Call_ Mayor Larry Fournier; Councilmembers: Suzanne Ackerman, Virginia Wendel, Mark Bernina, Vern Heidner. Staff: Mike Robertson, City Administrator; Elaine Beatty, City Clerk/Zoning Administrator; Judy Hudson, Deputy Clerk/Treasurer; Andrew iVlacArthur, City Attorney; Dan Licht, City Planner; Larry Koshak, City Engineer. 2. Consider agenda approval oval_ CM Heidner requested Item 5.3., from the Consent Agenda, be removed and placed under Item 7.2. for discussion. Mayor Fournier requested to add: Item 9.1.I. Discussion of Boy Scouts using City Hall for their meetings and add Item 9.1.H. Re -locating the Otsego City Signs currently located inside City of Albertville's and the right to take Item 9. LF. at 8 PM. Ciel Berning motioned to approve the City Council Agenda as amended. Seconded by CM Ackerman. All in favor. Motion carried. 3_ Consider Minutes: a_ August 23, 1999 Regular Council Meeting Minutes CM Heidner noted that the third motion on Page 2 under Item 4A should read 30 feet without radius. CM Heidner motioned adoption of the Minutes as amended. Seconded by CM Wendel. All in favor. Motion carried. 4. Onen Forum: 4.1. Any Open Forum_ Lee Hanson, Attorney representing the Darkenwalds, 1010 W St. Germain, St. Cloud. Mr. Hanson said the Darkenwald Family has requested for the City Attorney to draft a Riaht to Construct Form in regards to the construction of 78th Street and they will sign it. Mayor Fournier thanked the Darkenwald Family. CvI Berning motioned to direct staff to prepare documents for Right to Construct. Seconded by CM Heidner. All in favor. Motion carried. City Council Meeting of September 13, 1999, contd. Page 2. __—Co -�•. Plant5.1- Consider Payment #4. Gridor Construction - Wastewater Treatment • • Consider Pa=ent•uu Construction, Pump .• • 53. •t • '. me -it #3_11.2cruirp. Traof Ttwer _ial 957 Ot CNI Heidner motioned adoption of the Consent Agenda. Seconded by CM Ackerman. All in favor. Motion carried. 6_ Dan Licht. City Planner - 6 -1. Crimson Ponds Final Plat - Dennis Backes Dan Licht presented the Planner's Report. CM Ackerman left at this point in the meeting (6:46 PM). The City Engineer, Larry Koshak, stated support for approval of the Final Plat. Mike Robertson asked the Council if they would agreed that the Developer will be required to pay 509 of the SAC and WAC fees at the time the developers agreement is signed and the balance will be paid with building permits. The Council agreed. CM Ackerman arrived back at the meeting at this point. (6:55 PM) Jeremy Booths, representing Dennis Backes, explained they will be asking for approval of the next Phase of Crimson Ponds this winter. CM Heidner motioned to approve Crimson Pond Final Plat based on most recent plan received subject to the conditions listed in the Findings of Fact. Seconded by CM Ackerman. All in favor. Motion carried. 6.2. Prairie Creek Final Plat - Dennis Ulm .r. Dan Licht presented the Planner's Report. Larry Koshak stated he prepared a memo listing the corrections needed for this plat. He recommended approval subject to the conditions listed in his memo. Dennis Ulmer also asked for paying for half of the WAC and SAC charges with the developer's contract and the balance through building permits. Andy MacArthur stated that the Developer's Contract states the Letter of Credit can be reduced to 25% and the developers are requesting reduction to 10%. CNI Heidner motioned to give staff the fleydbility to adjust the Letters of Credit down to 10% when they feel the City's interests are adequately served and to notify the City Council. Seconded by CM Wendel. Discussion: CM Berning asked if this will apply to future developers and if this is creating a Policy. CM Heidner replied yes. All in favor. Motion carried. CNI Heidner motioned to approve the Final Plat for Prairie Creek based on the current plan information and subject to the seven (7) conditions listed in the Findings of Fact. Seconded by Mayor Fournier. All in favor. Motion carried. City Council Meeting of September 13, 1999, cont'd. Page 3. Item 4_A_ 1 _ Renr sentative Bruce Anderson's Presentation Representative Bruce Anderson arrived at this point. He said the main issue this year was the Sales Tax Rebate and a permanent tax cut. The big concerns for 2000 are the agricultural situation and rebate of additional surplus taxes. Mayor Fournier asked about levy limits being removed. Rep. Anderson said he will get back to Mayor Fournier with some answers on this. CM Heidner stated reasons he opposes the unicameral legislature and also doesn't agree with all the talk of urban sprawl. Representative Anderson agreed. CM Wendel requested a Post Office for Otsego. Rep. Anderson told her to contact US Senators Wellston, Grams or Representative David Minge as the Federal Government controls the Postal Service. CM Wendel also related how the State of California distributes a summary of how the lottery proceeds are spent and would like to see this done in Minnesota. Rep. Anderson said he would ask for this. Mike Robertson questioned if the repeal of local sale tax for local government units would pass in the next legislative session. Representative Anderson encouraged everyone to keep pressing for this since it is not a dead issue and will be a priority this session. 6.3_ Consider decision on 79th Street & Page Ave F AW Dan Licht presented the Planner's Report. CM Heidner motioned that based on the information received, the policies of the Comprehensive Plan and applicable ordinances, the City Council hereby determines that the potential environmental effects of the project have been adequately addressed and the preparation of an EIS for construction of Page Avenue and 78th Street is not required. Seconded by CM Berning. All in favor. Motion carried. 6.4. Any other Planning_ Business F. Consider prosecution of Michael R Larson for violation of .iter Ordinances_ Mike Robertson reviewed the history of this issue. Jeff Christian, 6399 Quale Avenue, stated Larson is running a business, continues to dig piles of dirt, stores dirt in the City's ROW, burns without a permit, parks a trailer house on his property and has someone living in it. Jeff is frustrated and wants the City to take action on all the violations of city ordinances. CM Berning motioned to proceed with prosecution as the City Attorney recommends. Seconded by Mayor Fournier. Voting For the Motion: Mayor Fournier, CM Heidner, CM Berning, CM Ackerman Voting Against the Motion: CM Wendel who stated she would like Mr. Larson notified first that the City will prosecute if he doesn't comply with ordinances. (Mr. MacArthur noted Mr. Larson has been informed of this). Motion carried four (4) to one (1). City Council fleeting of September 13, 1999, contd. Page 4. 7. Larry Koshak_ Cit}EIIajneer- 5.3_ Consider Payment #3. Maguire Iron Water - 142-957,00 Larry Koshak went over the payment request. Bob Kollmer, AEC Engineering, Inspector at the water tower site explained the tentative plan is to bring in a crane next Monday and start assembling and by Tuesday we should be able to see the water tower. After that, Mr. Kollmer confirmed the painting schedule with the contractor and they plan on having the tower completed by November 15, 1999, weather permitting. The Council discussed with staff the penalty clause. CM Wendel motioned to approve Payment #3 to Maguire Iron for $42,957 and for check to be delivered once the water tower is erected. Seconded by CM Ackerman. All in favor. Motion carried. 7.1- Consider approval of 78th St Improvement Bids Mayor Fournier motioned to approve Resolution 99 --awarding the bid to Latour Construction for $1,348,570.12. Seconded by CIVI Wendel. All in favor. Motion carried. CM Berning requested a copy of Resolution. 7.3. Consider Change Order #1 - Extend Trunk Water & Sewer to Service Tom Thumb and Fun City- Larry i vLarry Koshak went over the proposal. Mike Robertson said that Fun City and Tom Thumb have agreed upon hookup. The Liquor Store doesn't want to hook up, AmVet wants to review the engineering plans, Rainbow Daycare doesn't want to hook up at this point but will need it for future expansion. CM Berning motioned to approve the Change Order #1 for Barbarossa & Sons in the amount of $8,222 subject to the Agreement being signed by all parties. Seconded by CM Wendel. All in favor. Motion carried. Mike Robertson said Christ Lutheran Church is now ready for their expansion and they have asked about stormwater drainage and what will be needed. Mike also asked about Richard Lefebvre's, Tom Thumb and Fun City. No official study has been done for most of this area. Mayor Fournier requested a cost estimate from Mr. Koshak for the study at the next City Council Meeting. 7.4_ Any Eaginei�g Business. Larry Koshak gave a update on the Overlay Project which is about 70% completed. The reconstruction of the intersection at Odean and 85th will start next week. otherU. Any None 9. Council Items- 9-1- tems•9.L A. Consider Resolution setting, Truth in Taxation Public uearincr date CM Berning motioned to approve the Truth -in -Taxation Hearing dates for Monday, December 6 at 6:30 PM and the Continuation Hearing, if needed, for City Council Meeting of September 13, 1999, cont'd. Page 5. Monday, December 13 at 6:30 PM. Seconded by CM Heidner. All in favor. Motion carried. B_ Consider Resolution aDnroving Preliminary 2000 Tax Rate Mayor Fournier motioned to adopt Resolution 99-37 setting a Preliminary Tax Levy of $838,883 for 2000 Budget for an increase of 1.3%. Seconded by Cvl Wendel. All in favor. Motion carried. C. Apno'nt Joint Committee with Albertville Mayor Fournier appointed CM Wendel and CM Heidner. D_ Set Joint Council Meeting with Albertville for Monday. November 29, 1999.7 PM_ CM Heidner motioned to set Joint Council Meeting with the City of Albertville for Monday, November 29, 1999 at 7 PM at Otsego City Hall. Seconded by CM Ackerman. F. Consider establishing Internet Access & E -mail - CM Heidner said he has contacted several different providers and discussed a Web site. Mayor Fournier motioned to go with OnRamp Incorporation. Seconded by CM Ackerman. All in favor. Motion carried. G. Request from City of Maple Grove for Letter of sup for a Regional Transit Huh, CM Wendel motioned for City Administrator to get more information finding out if this is just a park and ride with bus service and if it is, the City of Otsego would support a Regional Transit Hub. Seconded by Mayor Fournier. All in favor. Motion carried. I . moy nb tne utsegro uitysigns wntcn are currently located inside Albertville's City Limits. s. Judy Hudson stated she called the County Public Works last week to have these signs relocated. 2. Boy Scouts using the City Hall for no char{f-- Mayor Fournier said he was contacted about this and said the Boy Scouts would be willing to do clean up work for the City. The current policy in place does have a minimum charge of $25 plus building supervisor fees. CM Wendel motioned to leave policy as is. Seconded by CM Heidner. All in favor. Motion carried. 92. Mike Robertson- City Administrator -update- A. do ate• A. Any other Administrative Business Mike updated on Christ Lutheran Church's expansion and sewer and water hookups. Mike also said he will not be at the next City Council Meeting since he will be attending the National City Managers Conference in Portland, OR. None �11000006 Me City Council Meeting of September 13, 1999, cont'd. Page 6. 9.5_ Consider Claims List for approval" CM Berning motioned to adopt the Claims List. Seconded by CM Ackerman. All in favor. Motion carried. Mike introduced Lucas Johnson as the new reporter for the Elk River Star News. CM Benning motioned to close the City Council Meeting. Seconded by Civi Ackerman. All in favor. Motion carried. Meeting closed at 10:15 PM. 9.6. Closed Meeting to discuss pending .litigation, CM Wendel motioned to open the Closed Meeting. Seconded by Mayor Fournier. All in favor. Motion carried. Meeting opened at 10: 15 PM. Attending: Mayor Larry Fournier; Councilmembers: CM Wendel, CM Bernina, CM Heidner. CM Ackerman left and was not in attendance for the Closed Meeting. Staff: Mike Robertson, City Administrator; Elaine Beatty, City Clerk/Zoning Administrator; Judy Hudson, Deputy Clerk; Andrew MacArthur, City Attorney. CM Wendel motioned to close the Closed Meeting. Seconded by CM Heidner. All in favor. Motion carried. Meeting closed at 10:31 PM. CM Wendel motioned to re -open the City Council Meeting. Seconded by Mayor Fournier. All in favor. Motion carried. Meeting re -opened at 10:31 PM. 9.7. Adjourn 10 PM. CM Heidner questioned if the pond in Heritage Hills was mowed by Public Works and maybe this area should be smoothed out and the residents could maintain it. CM Wendel motioned to adjourn. Seconded by Mayor Fournier. All in favor. Motion carried. Meeting adjourned at 10:36 PM. Lam Fournier Attest: Elaine Beatty; City Clerk/Z1 rf ing Administrator Recorded by: Judy Hudson, Deputy Clerk City Seal