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11-22-99 CCCITY OF OTSEGO WRIGHT COUNTY, MINNESOTA CITY COUNCIL MEETING 6:30 PM COUNCIL CHAMBERS OTSEGO CITY HALL NOVEMBER 22, 1999 1. Mayor Larry 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: Vern Heidner, Virginia Wendel, Mark Berning. Suzanne Ackerman arrived at 8:10 PM. Staff. Mike Robertson, City Administrator; Elaine Beatty, City Clerk; Judy Hudson, Deputy Clerk; Andrew MacArthur, City Attorney; Dan Licht, City Planner; Larry Koshak, City Engineer and Ron Wagner, Assistant City Engineer. 2. Consider agenda apnroval CM Wendel requested to add under Item 9.1.b. Updates on the Comm. Rec. Meeting and the Heritage Commission Meeting, Update on the Street Light for Country Rd 19 and 39 and Meeting for County Road 118 being held on November 23, 1999. CM Heidner requested to remove Item 5.1. from the Consent Agenda and put under Item 9.1.b. for discussion. Mayor Fournier requested to move Item 9. La. to Item 6.2. CM Berning motioned adoption of the agenda as amended. Seconded by CM Wendel. All in favor. Motion carried. 3. Consider Minutes* a. November 8, 1999 City Council Meeting - CM etingCM Berning noted a correction on Page 3, Item 9.2., his suggestion should read two percent over bend rate rather than prime rate. CM Heidner motioned adoption of the November 8, 1999 City Council Meeting Minutes as amended. Seconded by CM Berning. All in favor. Motion carried. 4. Open Forum? 4.1- Any Open Forum Wright County Deputy, Jake Hermanson, asked when the intersection at 85th and Odean Avenue will open up for traffic. Ron Wagner answered that all signage will be completed by Tuesday, November 23, 1999 and it will then be open for traffic. David Becker, resident, asked if Kadler Avenue (south of Highway 94) will be vacated. Larry Koshak replied there are no plans for the vacation of Kadler Avenue. City Council Meeting of November 22, 1999, cont'd. Page 2. 5. Consent Agenda. Item 5.1. was removed. 5.2. Approval of the 1999 end of year audit agreement_ CM Berning motioned to approve the Consent Agenda as amended. Seconded by CM Heidner. All in favor. Motion carried. 6. Dan Licht. City Planner: 6.1. Discuss Chris Bulow's Park and Trail Fees for Greni_ns Mississippi Hills. Dan Licht presented the Planning Report. Mayor Fournier motioned to require the construction of the trail or else escrow funds equal to the cost of the trail determined by the City Engineer and to not collect the $2,125 for Trail Fees. Seconded by CM Wendel. Voting For the Motion: CM Wendel, Mayor Fournier Voting Against the Motion: CM Heidner, CM Berning Motion failed. Andy MacArthur said that the Developers Agreement states the developer, Chris Bulow, has to construct the bike path. There was no further discussion about changing the Developer's Agreement. 6.2. Any other Planning Items. 6.2.a. Future Development of Becker .property, Dan Licht went over his attached memo and explained what the Comp. Plan states for this area for development. CM Wendel read an article from the Crow River News dated November 22, 1999 about Albertville providing sewer services to Otsego. The Council agreed they are receiving mixed messages from Albertville and want Mike Robertson to get in writing clarification from them on their intentions of providing Otsego with sewer services. After this clarification is received, options can be looked into and discussed. The Beckers were present and asked to be kept informed. 7. Larry Koshak- ityFng'n� een 7.1. Discussion of McGuire Iron Offer- Larry ff rLarry Koshak reported the painting on the water tower, both inside and out, has been completed. Mr. Koshak went over the liquidated damages and McGuire Iron's Offer. CM Heidner motioned to accept the City Engineer recommendation and take the liquidated damages of $12,900, approve partial payment of #5 of $130,775.75 with a 5% retainage of $26,812.25 be kept until the liquidated damages issue is resolved. Seconded by Mayor Fournier. Voting For the Motion: Mayor Fournier, CM Heidner, CM Berning Voting Against the Motion: CM Wendel Motion carried three (3) to one (1). CM Wendel questioned if the extended warranty and two cleaning services wouldn't be more beneficial. City Council Meeting of November 22, 1999, cont'd. Page 3. 7.2. Discussion with Bauerly Brothers of the 1999 Overlay Improvement. There were no representatives in attendance from Bauerly Brothers. Ron Wagner updated the Council on the Otsego Overlay Project. The Council directed Mike Robertson to hold Bauerly Brothers check (Pay estimate #2) until all issues are resolved, including the shouldering work, mailboxes, driveway aprons and cleanup. Brian Fero, 14234 91st St. Mr. Fero stated the overlay in front of his property has already broken off at the edges. 7.3. Any other Engineering Business - The Engineers also gave updates on the Pump House and the Odean Avenue Project as outlined in their attached report. CM Ackerman arrived at this point (8:10 PM). 8. Andrew MacArthur, ClyAtter 8.1. Consider Resolution adopting assessment for Otsego Street_ Project 99-1. Roadway Improvement Project ,Overlavl CM Heidner motioned to approve Resolution No. 99-44 adopting assessment for Otsego City Project 99-11999 Roadway Improvement Project setting assessment at $1,164.50 per parcel. Seconded by CM Berning. All in favor. Motion carried. CM Berning motioned to accept the Deferral of Assessment Request contingent upon approval of staff that they meet the requirements. Seconded by CM Wendel. All in favor. Motion carried. None CM Wendel reported there is a meeting the County is having on the reconstruction of intersection at County Road 118. She would like to attend this meeting on November 23, 1999. Mayor Fournier motioned to authorize CM Wendel attendance at this Country Road 118 reconstruction meeting on November 23, 1999 and to report back to the Council. Seconded by CM Ackerman. All in favor. Motion carried. b.2. Street Light at Country Roads 19 and 39, CM Wendel stated she called the County Engineer requesting a street light be installed at the intersection of these county roads. Mike Robertson also sent a letter to them requesting this. The County Engineer indicated to CM Wendel that unless there would be a lot of accidents at this intersection no street light is planned on being installed. City Council Meeting of November 22, 1999, cont'd. Page 4. b.3. Heritage Commission ilpdatje- CM Wendel reported the Heritage Commission discussed the dismantling of the Old City Hall. They agreed to have resident and builder, Gene Kreuser, give his opinion if the building would be feasible to restore. If Mr. Kreuser advises against it, the Commission would agree to have it destroyed. b.4. Community R .c Meeting CM Wendel and Mike Robertson attended the last Community Rec. Meeting. CM Wendel said she discussed with Michelle Berge the problems Otsego's Park Commission had with their Haunted House event. Michelle explained that the misprinting of the coupons and lack of decorating inside City Hall was a result of lack of communication. CM Wendel also said they discussed with 728 School Board Member, Mark Strator, the possibility of using Otsego City Hall for school elections rather than the Elementary School when there is just a school election. The consensus of the Council was not to have the elections held at City Hall. The Council discussed with CM Wendel the Community Recs. discussion to change the length of notification of leaving the Joint Powers. CM Heidner motioned not to ratify the change in the Joint Powers Contract in the length of notice to leave the Joint Powers. Seconded by Mayor Fournier. All in favor. Motion carried. Mayor Fournier requested the City Administrator to check into the employees pay schedules for Monday's night Budget Meeting. 9.2. Mike Robertson, City Administrator: a. Review Policy for Sewer and Water Hook-up Fees Mike went over his policy draft. After Council discussion the following motion was made: CM Berning motioned adoption of the Sewer and Water Hookup Policy with revision under Number 5 stating 50% of fees and the interest rate referenced to the state bond rate not the prime rate and under Number 3 to also include in second sentence to be based on the number of rets., change the word would to may and there should be documentation clarifying the time frame. Seconded by CM Wendel. All in favor. Motion carried. CM Berning motioned to offer the applicant for God Father's Pizza, Rudy Thibodeau, for payment of 50% of the sewer and water hookup fees and the balance to be assessed with interest at 2% over the average Bond Rate for the project. Seconded by Mayor Fournier. All in favor. Motion carried. b. Revised Sewer Plant Operation Proposals CM Berning motioned to enter into an agreement with People's Services Incorporation, contingent upon the City Council approval of a contract drafted by the City Attorney. Seconded by CM Heidner. All in favor. Motion carried. City Council Meeting of November 22, 1999, cont'd. Page 5. c_ Discussion of usingCity Hall for School Elections. For discussion of City Hall use for School Elections see 9.b.4. d. Any other Administrative Business. 5.1. Approve the Albertville Fire Service Contract. CM Berning motioned to approve the Albertville Fire Service Contract. 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). The Council directed staff that each fire district should be in a separate fund and to let the Council know the balances. Mike Robertson said he received a phone call from Greg Lefebvre complaining about the dewatering process in Crimson Pond at 78th Street. This dewatering has flooded ponds which in turn has ruined his Pheasant Hunting Business and he would like compensation. CM Wendel motioned not to compensate Greg Lefebvre. Seconded by Mayor Fournier. Voting For the Motion: Mayor Fournier, CM Wendel, CM Ackerman, CM Heidner. Abstained: CM Berning Motion carried. 93_ Elaine Beatty, City Clerk - update. No items. 9.4. Judy Hudson, Deputy City Clerk - update. a.- Clean Up Day 1999 Judy also informed the Council that she will need to order recycling bins next year. 9.5_ Consider Claims List forapproval- CM rn=n oval" CM Berning motioned to approve the Claims List. Seconded by CM Wendel. All in favor. Motion carried. CM Berning requested to check how much was paid to Unlimited Electric for the wiring in shed. 9.6. Adjourn by 10 PM. CM Wendel motioned to adjourn. Motion caziied. Meeting adiourn Attest: Elaine Beatty, City Seconded by CM Ackerman. All in favor. d at 9:55 PM. Recorded by: Judy Hudson, Deputy Clerk Adm.