09-27-99 CCCITY OF OTSEGO
WRIGHT COUNTY, MINNESOTA
CITY COUNCIL MEETING
6:30 PM
COUNCIL CHAMBERS
OTSEGO CITY HALL
SEPTEMBER 27, 1999
1. Mayor Larry Fournier will gall meeting to order:
Mayor Fournier called the meeting to order at 6:33 PM.
a. Pledge of Allegiance-
Mayor
ll giance.Mayor Fournier led in the Pledge of Allegiance.
Mayor Larry Fournier; Councilmembers: Vern Heidner, Mark Berning, Virginia Wendel.
Suzanne Ackerman arrived at 7:24 PM.
Staff. Elaine Beatty, City Clerk/Zoning Administrator; Judy Hudson, Deputy Clerk;
Andrew MacArthur, City Attorney; Dan Licht, City Planner; Larry Koshak, City Engineer;
Ron Wagner, Project Engineer
Absent: Mike Robertson, City Administrator.
Mayor Fournier signed and read the attached Proclamation in honor of the VFW 100th
Anniversary. Members of the VFW were in attendance. Prior to the meeting they
presented the City with an American Flag.
2. Consider agenda approval.
CM Heidner asked for Item 5.2. be removed from the Consent Agenda and placed under
Item 7.4. for discussion. CM Wendel asked for Item 5.1. be removed from the Consent
Agenda and placed under Item 7.4. for discussion and also her memos reporting on her
sub -committees. Mayor Fournier asked for the following items to be placed under Item
7.4. for discussion: September 22, 1999 Letter to MN Dept. of Health; Engineer's letter
dated 9-17-99 referencing Quale Avenue; under Item 6. Resident Complaint dated 9-13-
99; City Administrator's Memo dated 9-13-99.
CM Heidner motioned to adopt the September 27, 1999 City Council Agenda as
amended. Seconded by CM Berning. All in favor. Motion carried.
3. Consider Minutes*
a_ September 13, 1999 Regular Council Meeting Miiutes
CM Berning motioned to adopt the minutes. Seconded by CM Wendel. All in
favor. Motion carried.
b. Sel2tember 8. 1999 Special Council MeetingMinutes,
CM Berning motioned to adopt the minutes. Seconded by CM Wendel.
Voting For the Motion: CM Berning, CM Heidner, CM Wendel
Abstained: Mayor Fournier, who did not attend the meeting.
Motion carried.
City Council Meeting of September 27, 1999, cont'd. Page 2.
4. Open Forum:
Kenton Shane Rasmussen, 83rd Street NE.
Mr. Rasmussen said he is trying to re -roof his shed which was damaged in the 1997 storm.
Jerry Olson (Building Official) told him to stop working on it because it wouldn't support
the roof. Kent said he has a video tape and pictures. They need this shed for storage.
Mayor Fournier directed staff to get a hold of Jerry Olson to see if he could come to this
meeting. Elaine Beatty talked to Jerry Olson who asked Elaine to explain to the Council
that this shed is dangerous and hazardous and has outlived its useful life. Mayor Fournier
directed staff to place this on the next City Council Meeting. Jerry Olson should list why
he designated this shed as dangerous and hazardous.
4.A. Special presentations -
4.A. I
resentations_4.A.1 _ J'm Lefebvre - Discussion of City Invoice for recent variance.
Jim Lefebvre went over his invoice and his items of question. Staff and Council explained
to Mr. Lefebvre the reason for NAC picking up his application was because of the time
deadlines to meet in order for Mr. Lefebvre to be on the next Planning Commission
Meeting and the copying charge was to accommodate the requirements of full size plans.
Also explained was all charges by the Professional Staff are charged back to applicants
since they are not in-house staff. After the Planning Commission recommendation, the
Findings of Facts and Planner's Report were changed to reflect the Planning Commission
Recommendation.
Mr. Lefebvre also presented his 1998 crop damage list to the City for reimbursement.
5. Consent Agenda_
Items 5.1. and 5.2 were removed from the Consent Agenda and placed under
Item 7 for discussion.
6. Dan Licht, City Planner:.
6.1. Arcon Development. Pheasant Ridge Final F_ al Plat_
Dan Licht presented the Planner's Report. Larry Koshak said he supports approval as
long as the City receives the signed easements.
CM Heidner motioned to adopt the Final Plat of Pheasant Ridge subject to the
seven (7) conditions listed in the Findings of Fact. Seconded by CM Wendel. All in
favor. Motion carried.
6.2. Chris Bulow, Grenings Mississippi Hills Preliminary /Final Plat
for PUD Development Staged Application for Outlot B.
Dan Licht presented the Planner's Report. CM Ackerman arrived at this point in the
meeting (7:24 PM).
Larry Koshak stated he has no comments for this request but has issues with the original
plat. He recommended to eliminate the trails since construction would be difficult because
of the contours of the land. Andy MacArthur stated since this has already been put into
the Developer's Contract, it will take Council action for any changes. Chris Bulow,
City Council Meeting of September 27, 1999, cont'd. Page 3.
developer, stated that due to trail construction costs and park fees the total Park and Trail
Fees would be about $2,000 per lot, which he feels are too high. Mr. Bulow stated, in
regards to the PUD which is being considered now, his concern is with staffs
recommendation of placing center island in the parking lot. He doesn't want the center
island because of the potentially larger vehicles that will have to be accommodated. He
suggested to add more plantings along CSAH 39 rather than adding medians to the
parking lot.
The Council and Staff discussed the trail and it was agreed to havQ Park and Trail Fees
and construction of trails placed on the October 25, 1999 City Council Agenda.
CM Heidner motioned to approve the PUD/CUP Preliminary and Final Plat for
development of Outlot B, Grenins Mississippi Hills subject to the 13 conditions
listed in the Findings of Fact except for Condition 4.b. which is to be deleted and
Condition 4.a. be revised to include to shield the golf course as much as possible
from CSAH 39. Seconded by CM Berning. All in favor. Motion carried.
6.3. Any other Planning Business.
6.3.a. Arnie Baker's letter.
Dan Licht reviewed how staff has informed Mr. Baker and also his engineer at staff
meetings of the process involved for him to amend the Comp. Plan to request
development rights for his property since he currently has no further development rights
because of the size of this parcel. Mayor Fournier suggested for staff to write to Mr.
Baker explaining his options and also explain that just by going through the process
doesn't mean approval.
7. Larry Koshak_ City Engineer:
7.1. Report on Stormwater Drainage for Downtown Ot.s=
Larry Koshak presented an overhead of the proposed stormwater drainage area. He
explained that the purpose of the study is to give the City a base to collect and to establish
impact fees.
CM Wendel motioned to delay the study for the Stormwater Drainage for
Downtown Otsego. Seconded by CM Ackerman.
Voting For the Motion: CM Heidner, CM Ackerman, CM Wendel, Mayor
Fournier.
Voting Against the Motion: CM Berning
Motion carried four (4) to one (1).
CM Berning said he would support a study in the undeveloped area but not in the
developed area.
The rate of interest was discussed.
CM Berning motioned to set 6% as interest rate at a 10 year assessment length.
Seconded by CM Heidner.
Voting For the Motion: CM Berning, CM Wendel, CM Ackerman
Voting Against the Motion: Mayor Fournier, CM Heidner
Motion carried three (3) to two (2).
City Council Meeting of September 27, 1999, cont'd. Page 4.
Mayor Fournier stated he supports 6.5% rate of interest since this has been the practice of
the City to go two percent higher than bond rate.
Ron Wagner went over the assessment roll. When the noticing was first done, a 4 per 40
unit assessment was used in the rural area. Since then, directions were to use a one per
40, which decreased the number of assessment units from 560 to 525. There were
approximately six residents not previously notified of this improvement. Mr. MacArthur
advised that an Improvement Hearing needs to be held for those not previously noticed.
Mayor Fournier motioned to hold an Improvement Hearing for all properties
inadvertently missed for the Overlay Project. Seconded by CM Heidner. All in
favor. Motion carried.
Mayor Fournier motioned to assess properties as one per 40 density and that they
are charged road access fees, if and when they develop, equal to the assessment.
Seconded by CM Wendel.
Voting For the Motion: Mayor Fournier, CM Heidner, CM Wendel, CM Ackerman
Abstained: CM Berning
Motion carried.
CM Wendel motioned to leave the contingency and indirect costs at 1.3 and if
needed, lower it at a later date. Seconded by Mayor Fournier.
Voting For the Motion: Mayor Fournier, CM Berning, CM Wendel. CM Ackerman
Voting Against the Motion: CM Heidner.
Motion carried four (4) to one (1).
7.3. Consider approval of Change Order #1 to Pump House No t Contract
Larry Koshak went over the Change Order.
CM Heidner motioned to approve Change Order #1 to Pumphouse #1 COP 98.02,
contract with EnComm Midwest. seconded by CM Ackerman.
Voting For the Motion: CM Heidner, CM Ackerman, CM Berning, Mayor
Fournier
Voting Against the Motion: CM Wendel
Motion carried four (4) to one (1).
7.4_ Any other Fng'n� eering ems
5.1. Consider Payment No_ 4. Barbarossa & Sons - Sewer & Water
Installment $537,012 67 -
CM Wendel motioned to approve Payment No. 4 to Barbarossa & Sons for the
Sanitary Sewer and Watermain Trunk Facilities in the amount of $537,012.67.
Seconded by CM Ackerman. All in favor. Motion carried.
5.2. Consider Pa=ent #1 - Bauerly Bros. - Street Overlay - $218,897.21
Mayor Fournier motioned to approve Payment #1 for the 1999 Bituminous
Pavement Improvement Project to Bauerly Bros., Inc. in the amount of $218,697.21.
Seconded by CM Wendel. All in favor. Motion carried.
City Council Meeting of September 27, 1999, contd. Page 5.
7.4. Any other Engineering Items.
7.4.1. Latter of 9-22-99 to MN DepJ,. of Health regarding the well at the
Wastewater Treatment1p ant
The Council agreed that Bonestroo and the Contractor should correct the problem.
7.4.2. Mike's letter on male Avenue
Larry Koshak checked into the right-of-way on Quale Avenue. Mr. Larson's dirt pile is in
the City's ROW.
Ron Wagner gave an update on the construction at the intersection of Odean and 85Th.
Everything is proceeding along but are waiting for US West and Wright -Hennepin to get
in there and suggested the City calling them.
CM Heidner motioned for the City Attorney to contact these utilities. Seconded by
CM Ackerman.
Voting For the Motion: CM Heidner, CM Ackerman, Mayor Fournier, CM
Wendel.
Voting Against the Motion: CM Berning
Motion carried four (4) to one (1).
8. Andrew MacArthur, City Attorney:
Mr. MacArthur said the Building Official, Jerry Olson, contacted him regarding the old
Talbot House located behind the Maintenance Shop. The house is abandoned and kids are
having parties there. The current owner, Frances Widden, lives in New Orleans. Mr.
Olson was contacted by the Sheriffs Office on this issue. Deputy Jake Hermanson was in
attendance and said the house is unsecured, broken windows, wild animals getting into it,
a lot of safety issues and he is concern with transients getting in the house.
Mr. MacArthur said the State Statute allows the City to secure buildings that have been
determined unsafe. Council needs to notify the property owner that they have six (6) days
to correct and after that the City can go in and secure the property and all costs goes
against the property as alien.
CM Wendel motioned to send notice to the property owner issuing a order to secure
the building at owner's cost. Seconded by CM Ackerman. All in favor. Motion
carried.
8.2. Any other Legal Items.
Mayor Fournier was contacted by Vernon Kolles who said he hasn't been reimbursed for
the 1998 crop lost due the City obtaining the easement for the sewer and water lines.
Larry Koshak said he will handle.
9_ Council Items:
Bresman Cable (they purchased Tones Cable)
Mr. MacArthur said the City has received notice of this new ownership and has 120 days
to review, which should be done. He was directed to review and report at the October 11,
1999 City Council Meeting.
City Council Meeting of September 27, 1999, cont'd. Page 6.
9.1. A_ Set State Mandated Public Hearing for Tax Leyy Increase
for October 11, 1999.
CM Wendel motioned to set the State Mandated Public Hearing for Tax Levy
Increase for October 11, 1999. Seconded by CM Ackerman. All in favor. Motion
carried.
B. Consider information from Heritage Preservation Commission.
CM Berning motioned to table this item until the October 11, 1999 City Council
Meeting. Seconded by Mayor Fournier. All in favor. Motion carried.
C. Discussion of State Hwy 101 Businesses.
Mayor Fournier motioned to table this item until the October 11, 1999 City Council
Meeting. Seconded by CM Wendel. All in favor. Motion carried.
D. Any other Council Business
River Rider Sub -committee Meeting
CM Wendel recommended to the Council to continue supporting the River Rider program
for the same cost as last year.
CM Wendel motioned to pay River Rider $3,000 Year 2000. Seconded by Mayor
Fournier. All in favor. Motion carried.
CM Wendel requested to table her other items until the October 11, 1999 City Council
Meeting.
9.2. Mike Robertson,City Administrator -do ate•
A. Any other Administrative Business
Mr. Robertson was not in attendance at this Council meeting.
Elaine said that Planning Commission Member, Eugene Goenner, was in the office today
and stated he is willing to continue to serve on the Planning Commission whenever
possible. The Council agreed they would try it and see how it works.
9.4. Judy Hudson,Deputy City Clerk - update
Judy had no updates.
9.5. Consider Claims List for approval.
CM Heidner motioned to adopt the Claims List as submitted. Seconded by Mayor
Fournier. All in favor. Motion carried.
9.6. Closed Meeting for the puEpose of discussing pendinglitigation,
CM Wendel motioned to close the City Council Meeting. Seconded by CM
Ackerman. All in favor. Motion carried. Meeting closed at 10:29 PM.
CM Ackerman motioned to open the Closed Meeting. Seconded by CM Wendel.
All in favor. Motion carried. Closed Meeting opened at 10:29 PM.
Attending: Mayor Fournier, CM Ackerman, CM Berning, CM Heidner, CM Wendel.
Staff. Elaine Beatty, City Clerk/Zoning Administrator; Judy Hudson, Deputy Clerk; Larry
Koshak, City Engineer; Andrew MacArthur, City Attorney.
City Council Meeting of September 27, 1999, cont'd. Page 7.
CM Ackerman motioned to adjourn the Closed Meeting. Seconded by CM Wendel.
All in favor. Motion carried. Meeting adjourned at 11:48 PM.
CM Wendel motioned to re -open the City Council Meeting. Seconded by CM
Ackerman. All in favor. Motion carried. Meeting re -opened at 11:48 PM.
9.7_ Adjourn by 10 PM
CM Wendel motioned to adjourn. Seconded by CM Ackerman. All in favor.
Motion carried. Meeting adjourned at 11:49 PM.
Larry Fournier, Mayor
Elaine Beatty, City Clerk/Zoning Administrator
Recorded by: Judy Hudson, Deputy Clerk
City Seal