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10-11-99 CCCITY OF OTSEGO WRIGHT COUNTY, MINNESOTA CITY COUNCIL MEETING 6:30PM COUNCIL CHAMBERS OTSEGO CITY HALL OCTOBER 11, 1999 1. Mayor Larry Fournier will call meeting to order: Acting Mayor Vern Heidner called the meeting to order at 6:31 PM in place of Mayor Larry Fournier, who was absent. a. Pledge of Allegiance AM Heidner led in the Pledge of Allegiance. b. Roll Call. Acting Mayor: Vern Heidner; Councilmembers: Virginia Wendel, Suzanne Ackerman. Absent: CM Berning and Mayor Larry Fournier. Staff: Mike Robertson, City Administrator; Elaine Beatty, City C:erk/Zoning Administrator; Judy Hudson, Deputy Clerk; Andrew MacArthur, City Attorney. 2. Consider ag .nP rla approval. CM Wendel requested to add an update on Talbot House Letter under Item 9.3. Acting Mayor Heidner requested to remove Maguire Iron Payment #4 from the Consent Agenda Item 5.C. Mike Robertson requested to add under Item 6.2. Update of Parking Lot for Fun City. CM Wendel motioned to approve agenda as amended. Seconded by CM Ackerman. All in favor. Motion carried. 3. Consider Minutes• a. September 27.1 99 Regular Council Meeting Minutes CM Wendel motioned to approve the minutes as written. Seconded by CM Ackerman. All in favor. Motion carried. 4. Open Forum 4.1. Any Open Forum No one appeared on Open Forum. 4.A_ Special Presentations - 1. Ted Field - Bonestroo - Discussion of Wastewater Treatment Plant Issues Ted Field, Bonestroo, Project Engineer and Tom Roushar, Bonestroo, explained the issues of the well located at the Wastewater Treatment Plant. The MN Department of Health, based on a new interpretation by the MN Geological Survey (MGS) is saying Otsego has a multi-acquifer well. If true, only one acquifer can be used and not two acquifers at the same time. City Council Meeting of October 11, 1999, cont'd. Page 2. Mr. Roushar stated he is not convinced the geology is correct and Bonestroo wants to argue their case with the MGS. If that doesn't work, then the City would have to pursue a variance for the well. The Council agreed that Bonestroo should meet with the MN Geological Survey. Ted Field reported on the project schedule of the Wastewater Treatment Plant. The plant will be completed in two months and become operational and the restoration will be final out in the Spring. Since there won't be wastewater to treat for several months, Bonestroo is discussing with Gridor about equipment warranties. This will be brought back to the City Council. Mr. Field also discussed Wastewater Treatment Plant Expansion. The plant is currently designed for 200,000 gpd, the permit from the State is for 400,000 gpd and the expansion cost is estimated at about 1.6 million dollars. 5. Consent Agenda a. Approval of Pay Estimate for Gridor Construction Payment #5 $267,156 b. Approval of Pay Estimate for F.nC'omm Midwest Payment #4 $30.510 10. CM Wendel motioned to approve the Consent Agenda as amended. Seconded by Acting Mayor Heidner. All in favor. Motion carried. 6. Dan Licht. City Planner7. 6.1. Any Planning Business, a. FunCity P. arking Lot. Mike Robertson stated he was contacted by the contractor, John Weicht, who requested if he could pave the parking lot after putting in the water and sewer since the Council approved the installation of water and sewer lines. Mike said the issue here is curb and gutter. Mike also said the Planning Commission and City Council will still need to grant a variance for setback. Acting Mayor Heidner said he was at the site inspection with the Planning Commission. They were all in favor of the project. The issue they saw was the deep ditch and they would like to see it filled in to get the four to one slope as required by Ordinance. The setback variance the Planning Commission felt they should start and zoning ordinance amendment. Acting Mayor Heidner motioned to direct the Planning Commission to change the Zoning Ordinance from a 20 foot setback to a 10 foot setback for sewer lots. Seconded by CM Ackerman. All in favor. Motion carried. 7. Larry _Koshik,City Engineer' 7.1. Any Engineering Business a. Overlay Project Update Mike Robertson stated the black -topping is done except for the Needham Avenue area which will be completed soon and the contractor is doing the shouldering work. Mason Avenue will be closed for two days for installing the culvert. City Council Meeting of October 11, 1999, cont'd. Page 3. 8_ Andrew MacArthur City Attorneyo 8.1. Puh is Hearing for Philip G. Wellman Present, Donna Ann Wellman and Amy Marie Courier for Off -Sale Liquor License at Riverview LiQuorette. 15682 90th St NE Otsego MN 55i30- Acting 53 0Acting Mayor Heidner opened the Public Hearing at 7:20 PM. Andy MacArthur, City Attorney, stated the real estate transaction hasn't been closed and any action by the Council should be contingent upon closing and receiving the insurance requirements. Acting Mayor Heidner opened the Public Hearing for Public Comment. The applicant, Philip Wellman, 14247 96th St. NE, said his attorney is working on the paperwork and should be cleared up in a couple of days. CM Ackerman motioned to close the Public Hearing. Seconded by CM Wendel. All in favor. Motion carried. Public Hearing closed at 7:22 PM. AM Heidner motioned to approve the Off -Sale Liquor License contingent upon the real estate closing and the City receiving the proper insurance Seconded by CM Ackerman. All in favor Motion carried. 8.2. Report from Andy MacArthur regarding letter from Bresnan Communications dated 9-13-99 Andy MacArthur stated that Elaine Beatty has a copy of the original Franchise Agreement which was approved by Otsego in late 1980s. What is being requested now is the approval of Transfer of Assets. The scope of review by a City is limited. The two things to look at are they operating the franchise correctly and whether the company is financially capable of taking over. Mr. MacArthur said at the next City Council Meeting the Council should consider passing the revised Resolution he will have prepared stating the City recognized they are operating with the franchise and they agree to pay any costs incurred by the City. 8.3. Any other Legal Rusine.ss Mr. MacArthur stated there will be review by the appointed commissioners on Odean Avenue Tuesday, October 12, 1999 at 10 AM. Andy also reported he is working on Developer Agreements for Crimson Ponds, Prairie Creek, Pheasant Ridge and Bulow's Outlot. 9. Council Items• 9.1. a. Consider Information from Heritage Preservation C ommiss' CM Ackerman asked for Council input in regards to the Heritage Preservation Commission taking down the Historic Town Hall and storing it in the shed until they have the funds to restore it and locate it in Prairie Park. They want to start after Halloween. After Council discussion, Acting Mayor Heidner directed staff to place this issue on the next City Council Agenda and to have a representative from the Heritage Preservation Commission attend. City Council Meeting of October 11, 1999, cont'd. Page 4. b. Discussion of State Hwy 101 Businesses_ (,cont'd from 9-27-99) Mike Robertson stated he has sent letters to those businesses that remain out of compliance. D & R Liquor and Precision Motorsports have come into compliance with City Ordinances. C. Update by CM Wendel on the following: 1. River Rider CM Wendel attended the Drug Task Force Meeting which is now headed by Todd Hoffman. (see the attached report). La_ Community Recreation The City of Dayton has withdrawn from the program. 2_ Otsego/Albertville Otsego Creek Authority CM Wendel and the Albertville representative will be walking the Otsego Creek this Wednesday followed by an Otsego Creek Authority meeting at Albertville at 4 PM. d. Re -schedule Pub is Hearing Date for Overlay Assessment for Tuesday, November 9. 1999 at 7:30 PM, CM Ackerman motioned to re -schedule the Public Hearing date from October 28, 1999 to Tuesday, November 9, 1999 at 7:30 PM. Seconded by Acting Mayor Heidner. All in favor. Motion carried. e. Any other Council Business, 9.2. Mike Robertson. City Administrator - u dp ate: a_ Public Hearing for Proposed Tax Levy Increase Mike Robertson stated this Public Hearing is required by a new State Law which states if the levy is raised over the previous year, a Resolution must be approved at the Public Hearing. Acting Mayor Heidner opened the Public Hearing at 7:58 PM. There was no Public Comment. CM Wendel motioned to close Public Hearing Seconded by CM Ackerman. All in favor. Motion carried. Public Hearing closed at 7:58 PM. Acting Mayor Heidner motioned to approve Resolution No. 99-38 approving an increase in the tax levy from $799,563 in 1999 to $838,883 for 2000. Seconded by CM Wendel. All in favor. Motion carried. b_ Discussion of Fire Service for 2000 Amounts, Acting Mayor Heidner motioned for all lire Contracts to be paid the same in Year 2000 as paid in 1999: Per parcel amounts: Elk River at $42.00, Monticello at $35.00, Rogers at $50.00 and Albertville at $53.00. Seconded by CM Ackerman. All in favor. Motion carried. City Council Meeting of October 11, 1999, cont'd. Page 5. C- Any other Administrative Business. C. Approval of Pay Estimate for Maguire Iron Payment #4 $36,000-00 (Removed from the Consent Agenda) Mike Robertson said he has requested a representative from Maguire Iron to attend the next City Council Meeting. They are in the penalty clause of the contract which is $200.00 per day. 9.3. E aine Betty_ City Clerk - update, a. I 12date on Kenton Shane Rasmussen - 83rd S - shed issue - Elaine Beatty went over the letter written to Karen Wilson, property owner at 14738 83rd Street. Acting Mayor Heidner said he received a call from Kenton Rasmussen stating he didn't want the City to enter a judgment against them. b. Talbot House A letter was written to the property owner from Andrew MacArthur and City Staff is waiting to hear from her. 9.4. Judy Hudson,Deputy Clerk - update - No do ate No updates. 9.5_ Consider Claims List for approval. CM Wendel motioned to approve the Claims List as presented including Maguire for $36,000.00. Seconded by CM Ackerman. All in favor. Motion carried. 9.6. Adjourn by 10 PM Acting Mayor Heidner reported the Internet should be hooked up at City Hall by the end of the month. Elaine Beatty said the draft letter to Arnie Baker is done and being review by Dan Licht. CM Ackerman motioned to adjourn. Seconded by CM Wendel. All in favor. Motion carried. Meeting adjourned at 8:1 M. Actin a r Vern Heidne Attest: Elaine Beatty, eity Clerk/Zo Adm. Recorded by: Judy Hudson, Deputy Clerk City Seal