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04-26-99 CCCITY OF OTSEGO WRIGHT COUNTY, MINNESOTA CITY COUNCIL MEETING 6:30 PM COUNCIL CHAMBERS OTSEGO CITY HALL APRIL 26, 1999 1 Mayor Larry Fournier will call meeting to order: Mayor Fournier called the April 26, 1999 City Council Meeting to order at 6:31 PM. a Pledge of All .gjance. Mayor Fournier led in the Pledge of Allegiance. h. Roll Call_ Mayor Larry Fournier; Councilmembers: Virginia Wendel, Mark Berning, Vern Heidner. Suzanne Ackerman arrived at 6:40 PM. Staff: Mike Robertson, City Administrator; Elaine Beatty, City Clerk/Zoning Administrator; Judy Hudson, Deputy Clerk; Andrew MacArthur, City Attorney; Larry Koshak, City Engineer. Dan Licht, City Planner, was absent. 2 Consider agenda approval. CM Wendel requested to add under Item 9.1.D. Community Rec. Board Update. Mayor Fournier requested to add under Item 7.3. Larry Koshak's letter regarding Pumphouse #1 and under Item 9. LA. Discussion of setting a meeting with the Darkenwalds. CM Heidner motioned to adopt the April 26, 1999 City Council Agenda as amended. Seconded by CM Wendel. All in favor. Motion carried. AContinued Board of Review Pete Merge- Assessor ul date of information 1 Consider Board of Review Minutes of 191999. The Board of Review was continued. Minutes are under separate cover. See Board of Review of Minutes of April 19, 1999. 3 Consider Minutes:: a Regular Council Meeting of April 12, 1999. Mayor Fournier noted to change the word approve to accept under Item 5.4. CM Heidner motioned to adopt the April 12, 1999 Council Meeting Minutes as amended. Seconded by CM Wendel. All in favor. Motion carried. h Closed Meeting of April 12,1999, CM Heidner motioned to adopt the April 12,1999 Closed Meeting Minutes. Seconded by CM Wendel. All in favor. Motion carried. 4 Oen Forum: 4.1. Any Open Forum Steve Camps, 14715 71st Street. (Lin -Bar Estates) Mr. Camps presented the Council with a petition from current residents of Lin -Bar Estates requesting the City increase allowable driveway widths. Mayor Fournier directed Mr. Camps to work with Mike Robertson, City Administrator, on the process for this request. City Council Meeting of April 26, 1999, cont'd. Page 2. 4A. Special Presentations, 1. Mayor Don jonaas City of Dayton - Discussion - Wastewater Treatment . Agr m .nt is signed. Mayor Kjonaas of Dayton and Shirley Slater, Dayton's City Administrator, were present. Mayor Kjonaas stated he was in attendance to sign the Otsego/Dayton Agreement and to discuss the recent invoice received from Otsego. He questioned the attorney fees charged for drafting the Agreement since they have also paid their attorney for the same service. Mayor Kjonaas also stated he doesn't feel Dayton should pay any penalty interest since this is the only invoice Dayton has received. The Council agreed for the interest to be reduced to 7% and the attorney fees reviewed by staff. Mayor Kjonaas presented the Council with a check in the amount of $52,288.80. (The original invoice was for $59,380.90). 5. Consent Agenda - 5.1. Apirove genda.5.1ADnrove Certification of Adoption of a Comprehensive Plan conforming to Minnesota Rule 4410.43 Subpart 19D re: EAWsI 5.2. Accept William D O son's resignation from Otsego Park and Recreation Commission. CM Berning motioned to approve the Consent Agenda. Seconded by CM Ackerman. All in favor. Motion carried. CM Berning requested a thank you letter sent to Mr. Olson. 6. Dan Licht, City Planner: Since there were no Planning Items, Dan Licht was not in attendance. 7. Larry Koshak_ City Engineer: 7.1. Consider ordering lilans and specs for the 1999 Bituminous Street Overlay Project, Phase IL CM Heidner motioned to authorize the City Engineer to prepare Plans & Specs for Phase H of the overlay project. Seconded by CM Ackerman. Voting For the Motion: CM Heidner, CM Ackerman, CM Berning, CM Wendel. Voting Against the Motion: Mayor Fournier Motion carried four (4) to one (1). 7.2. Update on Odean Avenue Project. Mr. Koshak reported there are Federal Funds available for this project for 1999. He also went over his memo on construction costs. After Council discussion, Mike Robertson suggested a total cost breakdown including funding sources is needed for the next council meeting. The Council agreed. 7.3. Any other Engineering Business. 7.3.a. Pumphouse Memo. of April 26, 1999 Mr. Koshak went over the bids outlined in the memo. Mayor Fournier motioned to award the bid to EnComm Midwest, Inc. for $392,736. Seconded by CM Ackerman. Voting For the Motion: Mayor Fournier, CM Ackerman, CM Heidner, CM Wendel. Voting Against the Motion: CM Berning Motion carried four (4) to one (1). City Council Meeting of April 26, 1999, cont'd. Page 3. CM Heidner stated the sod laid by the contractor along the bike path (Nashua, Ohland and Page Avenues) has been torn up and needs to be replaced by the contractor. Larry Koshak will follow through on this issue. 8. Andrew MacArthur City Planner: 8.1. Review draft of Septic Ordinance. Andy MacArthur reviewed the draft of the Septic Ordinance. After Council discussion it was decided to place this issue on a future agenda for further discussion. 8.2. Any other Legal Business. Mr. MacArthur stated in regards to the Darkenwalds that since this might end up in litigation as was stated at the last meeting with them, the City should have a closed meeting prior to any future meetings with the Darkenwalds. Mayor Fournier set May 4, 1999, 6 PM, for a Closed Council Meeting to discuss this issue. Mayor Fournier asked Mr. MacArthur's opinion on Chris Bulow having a meeting with the neighbors of his proposed development at Riverwood and inviting the Planning Commission and City Council. Mr. MacArthur advised the Council that no Planning Commission Member or City Council Member should make any comments for or against this project if they attend the meeting. Mike Robertson will write up a statement and run it by Mr. MacArthur for CM Heidner to read at the meeting. 9. Council Items: 9 1 Consider Council Meeting date change from lune 28, 1999 to June 22. 1999 or lune 23.1999 (Tuesday or Wednesday) (Planning Co mission is June 21. 1999). CM Wendel motioned to change the June 28, 1999 City Council Meeting to June 23, 1999 since CM Wendel and CM Heidner would not be able to attend the June 28th Meeting. Seconded by CM Ackerman. Voting For the Motion: CM Ackerman, CM Heidner, CM Wendel, Mayor Fournier. ' Voting Against the Motion: CM Berning Motion carried four (4) to one (1). a Report on meeting with the Darkenwalds. 1 Approve letter of response to Darkenwalds EAW. Mr. MacArthur stated that if the letter is approved, he would like to see language added regarding regionalization of sewer systems raised in the EAW. He also wants to verify the ownership of property. CM Heidner requested to include that the City Council had a meeting with the Darkenwalds on April 22, 1999. CM Ackerman motioned to change the letter with the above additional remarks. Seconded by Mayor Fournier. All in favor. Motion carried. Mayor Fournier set May 6, 1999, 4 PM. City Council Meeting of April 26, 1999, cont'd. Page 4. c Set a Public Works Sub -committee T Mayor Fournier set May 11, 1999, 4 PM. CM Wendel distributed memos with highlights of the last Community Rec. Program Board Meeting. 9.2- Mike Robertson- City Administrator - up -d= a_ Any Administration Business. Mike reported he and staff had met with Rick Packer and reviewed his development. In order for 78th Street to be constructed this year condemnation proceedings need to be started immediately. The developers will be paying for the majority of the construction and there are also MSA Funds available. Mayor Fournier motioned to place the Condemnation Resolution on the next City Council Agenda and to authorize city staff to proceed with documents for 78th Street and a part of Quaday Avenue. Seconded by CM Ackerman. All in favor. Motion carried. Mike Robertson also went over the Heritage Preservation Commission's recent request for a scanner. The Commission is going to revisit this issue and will keep Mike informed. Mike also had a quote from Softronics for a computer for his office and the possibility of using his old computer for the Council Chambers for Judy to use for minutes. He will be looking into this and other options and come back with a recommendation at the next Council meeting. Mike also informed the Council he had a good meeting with the EDAAC. Their next meeting is May 17, 1999. 93_ Elaine Beatty, Cit Clerk - update, No updates. 9.4. Judy Hudson, Deputy City Clerk - update . Judy reminded everyone of Clean Up Day this coming Saturday. 9.5. Consider Claims List for anDrr oval. CM Berning motioned to accept the Claims List as presented. Seconded by CM Heidner. All in favor. Motion carried. 9.6. Adjourn by 10 PM. CM Heidner motioned to adjourn. Seconded by CM Berning. All in favor. Motion carried. - 9:25 PM. Elaine Beatty, City Clerk/Zorofit Administrator Attest: Judy Hudson, Deputy Clerk City Seal