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11-08-99 CCCITY OF OTSEGO WRIGHT COUNTY, MINNESOTA CITY COUNCIL MEETING 6:30 PM COUNCIL CHAMBERS OTSEGO CITY HALL NOVEMBER 8, 1999 1. Mayor La= Fournier will call meeting to order Mayor Fournier called the meeting to order at 6:30 PM. Mayor Fournier led in the Pledge of Allegiance. b. Roll Call_ Mayor Larry Fournier; Councilmembers: Mark Berning, Virginia Wendel, Vern Heidner. Suzanne Ackerman arrived at 6:37 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_ CM Wendel requested to add under Item 9. Lb. River Rider Meeting and remove Items 5.2., 5.3., 5.4., 5.5., 5.6., to Item 7.2.a. and also add under 7.2. Street Light at County Roads 19 and 39. Mike Robertson requested to add under Item 9.1. a. Discussion of EDAAC Signs and under Item 9.2. Set a Budget Workshop, under Item 9.2.b. Discussion of Christ Lutheran Church Groundbreaking Ceremony Invitation and Discussion of City of Albertville's issues and Big Ed's Mining Permit. Mayor Fournier requested to add under 8.2.a. Public Hearing for Unpaid Fees due the City and to move all agenda items under Item 8 to follow Item 3. CM Heidner motioned to adopt the November 8, 1999 City Council Agenda as amended. Seconded by Mayor Fournier. All in favor. Motion carried. CM Ackerman arrived at 6:37 PM. 3. Consider Minutes: a. October 25, 1999 City Council Meeting- CM eetingCM Berning motioned to adopt the minutes of October 25, 1999. Seconded by CM Ackerman. All in favor. Motion carried. R. Andrew MacArthur. City Attorney@ 8.1. Discussion of Roskaft land - subdivision Mr. MacArthur went over the attached report regarding the subdivision of the Roskaft property. The request is to divide the parcel in two and have two separate building sites. Dan Licht stated the justification allowing this division is that the property is divided by a highway. He recommended the applicant provide proof that the parcel is buildable. City Council Meeting of November 8, 1999, cont'd. Page 2. Mayor Fournier motioned to allow an Administrative Split of the Roskaft property into two parcels since this property is unique in the fact that it is divided by County Road 42 and subject to the City receiving proof that it is a buildable lot. Seconded by CM Ackerman. All in favor. Motion carried. 8.2. Any other Legal Business, 8.2. 1 Public Hearing for Unpaid Fees due the City be on the Assessment RoLI for Fred Bame, Mayor Fournier opened the Public Hearing at 6:45 PM. Mr. MacArthur explained the purpose of the Public Hearing. Mayor Fournier opened the Public Hearing to the public for comment. There was no Public Comment. CM Heidner motioned to close the Public Hearing. Seconded by CM Ackerman. All in favor. Motion carried. CM Berning motioned to adopt Resolution 99-43 regarding the assessment of fees due the City of Otsego for a Special Request for a Rezoning, subdivision and buildable lot request on property located within the City of Otsego. Seconded by CM Heidner. All in favor. Motion carried. 4. Open Forum: 4.1. Any Open Forum. Keith Knutson, 6630 Odean Avenue NE. Mr. Knutson stated for the record, that he feels the fees he was charged for his two Conditional Use Permits were excessive. 4.A_ Special Presentations. There were none. 5_ Consent Agenda, 5.1. approve Resolution No 99-42 regarding Park and Recs. Haunted House. Items 5.1. through 5.6. were removed from the Consent Agenda. CM Heidner motioned to adopt the Consent Agenda as amended. Seconded by CM Berning. All in favor. Motion carried. Plat Dan Licht went over his November 3, 1999 Memorandum on Park Dedication Fees for Grenins Mississippi Hills. Chris Bulow, developer, stated that he never implied that he would pay for an additional $29,000 for a trail plus the $23,000 in required Park and Trail Fees, just that he would pay the $6,000 difference. He feels the golf course is recreation area and will be open to the public. The Council requested copies of the Planning Commission, City Council and Park Commission Minutes relating to this issue. City Council Meeting of November 8, 1999, cont'd. Page 3. CM Heidner motioned to table this discussion until further information is received. Seconded by CM Ackerman. All in favor. Motion carried. 6.2. Any other Planning Business. There was no other Planning Business. 7. Larry Koshak. City Engineer: 7.1. Report on Stormwater Drainage in Downtown Otsego. Larry Koshak reviewed his November 2, 1999 Memorandum on the proposed Stormwater Study for the commercial/industrial area near County Road 39 and Highway 101. CM Heidner motioned to direct the City Engineer to proceed with the study. Seconded by Mayor Fournier. All in favor. Motion carried. CM Heidner suggested that a special account be set up for the costs of this study, and that those be included in project costs that will later be assessed to benefiting property owners. CM Berning questioned why no property on the east side of Highway 101 is included in this study. After discussion, the Council agreed not to include any of the area on the east side of 101 in the study at this time. CM Berning also questioned if the pipe going to the Mississippi River is sized big enough for the entire stormwater area. Mr. Koshak stated the size was based on full development but he will review this as part of the study. 9.2.b. Discussion of HookupFee Payment Policy. Mike Robertson reviewed his November 3, 1999 Memo on Assessment Policies and Sewer and Water Hookup Fees. Mayor Fournier said he couldn't support assessing 100% of the hookup fees CM Heidner stated he could support helping out commercial and industrial properties by assessing part of the fees based on tax capacity. He cautioned on how much to allow to be assessed. CM Wendel stated she could support assessing part of the hookup fees. CM Berning suggested for 25% of the hookup fees down for commercial and industrial and the balance assessed over five years with the interest rate of two percent higher than Bond rate. CM Heidner would like to address this case by case especially looking at the type of use. Mayor Fournier would like to have flexibility of the amount down. Mayor Fournier directed Mike Robertson to put together a policy for the next City Council Meeting. 5-2- Consider payment of Pay Estimate #1 LaTour Construction, $207,232,46, Larry Koshak reported LaTour Construction has done a great amount of work and this represents one-sixth of the total bid. CM Heidner motioned to approve Pay Estimate #1 of $207,232.46 to LaTour Construction. Seconded by CM Ackerman. All in favor. Motion carried. 5.3- Consider payment of Pay Estimate #5. Barbarossa & Sons $455.273.73. Larry Koshak recommended payment. This is primarily for the trunk line up to County Road 42. There is a lot of clean up work left to be done. There still is a retainage of $94,000. CM Heidner motioned to approve Pay Estimate #5 of $455,273.73 to Barbarossa & Sons. Seconded by CM Wendel. All in favor. Motion carried. City Council Meeting of November 8, 1999, cont'd. Page 4. 5-4. Consider payment of Pay Estimate #5, EnComm Midwest $41.405.28. CM Heidner motioned to approve Pay Estimate #5 to EnComm Midwest for $41,405.28. Seconded by CM Wendel. All in favor. Motion carried. 5-5- Consider payment of Pay Estimate #2 to Bauerly Bros. $341.225.46_ Larry Koshak stated he is not satisfied with their clean up work and other items and recommended to hold the check until some of these items are completed. Mayor Fournier motioned to approve Pay Estimate #2 of $341,225.46 to Bauerly Bros. but for the City Administrator to hold the check until items on the City Engineer's list are completed. Seconded by CM Ackerman. Voting For the Motion: Mayor Fournier, CM Wendel, CM Ackerman, CM Berning. Voting Against the Motion: CM Heidner who stated he wanted to hold off approving payment until the next meeting. Motion carried four (4) to one (1). 5.6. Consider payment to Gridor Construction for $140.705. Mike Robertson reported Gridor is on schedule. CM Heidner motioned to approve the $140,705 payment to Gridor Construction. Seconded by CM Ackerman. All in favor. Motion carried. 7.2. Any other EngineeringBB _siness- 7.2.a- Street Light at the intersection of County Roads 39 and 19. CM Wendel motioned for the City Administrator to write to the County Engineer requesting the County to install a Street Light at the intersection of County Roads 19 and 39. Seconded by CM Ackerman. All in favor. Motion carried. CM Heidner motioned for CM Wendel to also lobby the County Board for this Street Light. Seconded by Mayor Fournier. All in favor. Motion carried. 9_ Council Items: 9.1- Any Council Business. a Set a joint EDA-EDAAC Meeting and update on EDAAC Signs. Mayor Fournier set December 16, 1999 at 7 PM for the meeting. Mike Robertson reported the signs will be installed shortly. K Any other Council Business, 1. River Rider Meeting, CM Wendel distributed a report on the recent River Rider Meeting. 2. City Albertville Issues_ The Council agreed that there is no need, at this time, for the Council to meet with Albertville since they will not furnish Otsego with sewer services in the immediate future but the sub -committee should continue to meet. Mike Robertson suggested that since Otsego will not be meeting with Albertville on November 29, 1999 to use that date for a Budget Workshop at 7 PM. The Council agreed. City Council Meeting of November 8, 1999, cont'd. Page 5. CM Berning requested a updated budget report for the Parks Commission. Also, all the items purchased for the Haunted House should be stored on City property and would like staff to suggest a place for this storage. 9.2_ Mike Robertson. City Administrator - update* a. Update on County Emergency Preparedness Plan. Mike reviewed the plan. C. Any other Administrative Business- Mike usin .ss - Mike reported Christ Lutheran Church is having a groundbreaking ceremony on November 21, 1999 at Noon and the Council is invited to attend. Mike also reported that Ed Dauphinais called him and wanted assurance that his Mining Permit could be transferred. The Council felt it would be transferable as long as the payments are current and the property complies with City Ordinances. 9.3. ElaineBay, City Clerk - update. Elaine handed out the agendas for the Public Hearing for the Overlay Project which will be held Tuesday, November 9, 1999. 9.4. Judy Hudson, Deft_, City Clerk - update. No updates. 9.5. Consider Claims List for a1212roval. Mayor Fournier motioned to adopt the Claims List. Seconded by CM Wendel. All in favor. Motion carried. 9.6. Adjourn by 10 PM. CM Ackerman motioned to adjourn. Seconded by Mayor Fournier. All in favor. Motion carried. Meeting adjourned at 8:28 PM. z; Mayor L Fournier Attest: Elaine Beatty, Ci y Cierk/Zoni dm. Recorded by: Judy Hudson, Deputy Clerk City Seal