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06-12-00 CCCITY OF OTSEGO WRIGHT COUNTY, MINNESOTA CITY COUNCIL MEETING 6:30 PM COUNCIL CHAMBERS OTSEGO CITY HALL JUNE 12, 2000 1. MayorLarry Fournier=I'll call meeting to order Mayor Fournier called the meeting to order at 6:32 PM Mayor Larry Fournier; Councilmembers: Vern Heidner, Mark Berning, Virginia Wendel. Absent: Suzanne Ackerman. 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. Mayor Fournier led in the Pledge of Allegiance 2. Consider agen�pnroval" (Deletions or additions) CM Wendel requested to add under Item 9.c. Meeting schedule for herself. Mike Robertson asked to add under Item 9. Lb. Update of Water Report from People's Service. Mayor Fournier requested to remove Item 5.1. from the Consent Agenda and place under 7.5. and also add Discussion of Hall's Pond. CM Berning motioned to approve the June 12, 2000 City Council Agenda as amended. Seconded by CM Wendel. All in favor. Motion carried. 3. COrisidPr Minntac a_ May -22, 20nn - Regular Council Meeting Minutes Mr. MacArthur requested to add under 4.a.1. "Jane Gardner, property owner, was present. Mr. MacArthur explained the Order, the process and proceedings to the property owner and occupant who were present at the meeting. The Council reviewed numerous pictures of the exterior and interior of the structure provided by Jerry Olson." CM Wendel motioned to approve the minutes as amended. Seconded by Mayor Fournier. All in favor. Motion carried three (3) to zero (0). CM Heidner abstained, since he was not in attendance. 4. Open Forum- 4.1- orum•4.1_ Any Open Forum Roxanne Nickolauson, 8244Needham Avenue NE. She stated she has received a letter from the City requesting her to remove her miniature ponies from this property. She would like to keep them there on a temporary basis (4 months). Mayor Fournier informed her she needs to apply for a Conditional Use Permit and directed her to work with City Staff. City Council Meeting of June 12, 2000, cont'd. Page 2. Mr. Stodola explained to the Council this firing is just sound, sight and smoke using power guns. He belongs to a Civil War Group whose members reenact Civil War Battles. He owns just under 3 acres and would like permission to shoot on his land. Mr. MacArthur advised the Council there is no specific exclusion for this type of use in Ordinance 95-21 (Discharge of Firearms and Hunting) and the Council could amend. The Council directed City Staff to place this item on the next Council Agenda. 5. Consent Agenda. 5.1. Consider Payquest No 12 - Grider Construction - Wastewater Treatment Plan This Item was removed from the Consent Agenda and placed under Item 7. 6. Dan Licht. City Planner• 6-1. Arlya i Judith Bajari. 7121 Kadler Avenue NE (Otsego), Monticello. MN. and Aplilicant Bailerly Brothers. Inc 4787 Shadowwood Drive NE- Sauk Ram, MN.. 56379. PID#'s involved are 118-800-273401 (41,17) Apnrox. Acres) and #118-800- 274400 (27.34 Approx Acres) all in Section 27, Township 'n 121, Range 24. Wright County, City of Otsego MN_ ThiC prol)e_rty is located 'West of Kadler Ave Nl and N of 70TH ST. and N of 1 -94 - Dan Licht presented the Planner's Report. The Council discussed getting a guarantee from Bauerly that a permanent structure will be built. approximate ars. CM Heidner motioned to rezone the property located at Jalger Avenue and 70th Street from A-1, Agricultural Rural Service District to I-2 General Industrial District for the purpose of allowing a temporary concrete plant use. Seconded by Mayor Fournier. All in favor. Motion carried. B. Amend the Zoning Ordinance to create an Interim T Tse Permit CM Heidner motioned to approve Ordinance No. 00-8 amending the Zoning Ordinance to allow temporary structures as a Principal Use by Interim Use Permit within the I-2, General Industrial District with language put into the Developer's Agreement that property owner will construct a permanent structure by the termination date of the Interim Use Permit with a performance security and subject to the conditions listed in the Findings of Fact. Seconded by CM Wendel. All in favor. Motion carried. City Council Meeting of June 12, 2000, cont'd. Page 3. 2 CM Heidner motioned to allow an Interim Use Permit for a temporary industrial structure, a Conditional Use Permit to allow outside storage in an I-2 District and to approve the Site and Building Plan Review and amend Condition #11 to include entering into a Developer's Agreement. Seconded by Mayor Fournier. All in favor. Motion carried. 6.2. Any Other Planning Business Wright County Deputy Dan reported there was an incident with a pizza delivery person on Odean Avenue Friday evening. He is trying to educate the delivery people on other ways to get their deliveries through. 7. Larry Koshak. CityEnginee,i 7.1_ Consider approval of Pay Estimate #tn for the Pum se to EnComm Midwest in the amount of $5.083,41, CM Heidner motioned to approve Pay Estimate #10 to EnComm Midwest for $5,083.41. Seconded by Mayor Fournier. All in favor. Motion carried. 7.2. Consider approval of Pay Estimate #4 for the 1999 Street lmprovemente to Bauerly Companies in the amount of $381.513-01, CM Berning motioned to approve Pay Estimate #4 for $381,513.01 to Bauerly Companies. Seconded by CM Wendel. All in favor. Motion carried. CM Berning requested staff to send a letter to the residents on 80th Street informing them of the status and schedule of the 80th Street project. 7.3. Consider approval of Pay Estimate #5 for the OXY ,e , 78th St and Page Ave. Sanitary Sewer. Watermain, Storm Sewer and Street Construction to L.aTour Construction in the amount of $173,338 22 CM Berning motioned to approve Pay Estimate #5 for $173,338.22 to LaTour Construction. Seconded by CM Heidner. All in favor. Motion carried. 7.4. Consider approval of Supplemental Agreement #1 for the Odean Ave Project. to Bauerly Companies in the amount of $34.358-00 Twenty percent of the cost of this supplement will be from the City's state aid construction account. The rest will be paid through the Federal grant. CM Heidner motioned to approve Supplemental Agreement #1 for $34,358 to Bauerly Companies. Seconded by Mayor Fournier. All in favor. Motion carried. 7.5. Any Other Engineering Business a. Update on City Construction Projects. Larry Koshak updated the Council on the school water hookup. Larry also informed the Council the City has the opportunity, this year only, to get a $500,000 advancement from MSA Funds, since the Legislative allowed additional dollars for MSA. The Council discussed using this money for 85th Street. City Council Meeting of June 12, 2000, cont'd. Page 4. Mayor Fournier motioned to direct the City Engineer to prepare a Resolution applying for $500,000 MSA Funds. Seconded by CM Heidner. All in favor. Motion carried. Mayor Fournier stated that several residents have asked him if Halls Pond could be dredged now since the pond is dry. Larry Koshak explained this is a DNR Wetland, therefore, needing a permit from the DNR to remove material. The Council agreed not to do anything at this time, as the pond would probably be full by the time a permit was received. 8. Andrew MacArthur, City: 8.1. Hearing for Renewal of r inuor License Applications for the Following- OFF o lowing;OFF SALF LIQUOR LINSESi 1. Riverview Liquorette of Elk River, Inc. (Warren Phillips) 2. D & R I.i uois (Randal & Deborah Carron) Mayor Fournier opened the Public Hearing at 8:40 PM for Riverview Liquorette. Elaine Beatty stated the proper noticing was done. No one from the public spoke. Mayor Fournier closed the Public Hearing at 8:41 PM. CM Berning motioned to approve the Off Sale Liquor License for Riverview Liquorette (Warren Phillips). Seconded by CM Heidner. All in favor. Motion carried. Mayor Fournier opened the Public Hearing at 8:42 PM for D & R Liquors. Elaine stated the proper noticing was done. No one from the public spoke. Mayor Fournier closed the Public Hearing at 8:43 PM. CM Wendel motioned to approve the Off Sale Liquor License for D & R Liquor license. Seconded by CM Heidner. All in favor. Motion carried. ON SALE AND SUNDAY LIQUOR LICENSES: 1. Pattern Station Tnc. rl h a Ri verwood Inn & Conference Cerate (Arlene D ndia) Mayor Fournier opened the Public Hearing at 8: 44 PM. Elaine stated the proper noticing was done. No one from the public spoke. Mayor Fournier closed the Public Hearing at 8:44 PM. CM Berning motioned to approve the On Sale and Sunday Liquor License for Pattern Station. Seconded by CM Wendel. All in favor. Motion carried. 8.2. Water and Sewer Ordinance Discussion (Cont from last Aged Since there were several changes, the Council directed staff to note the changes on the Ordinance and bring it back to the next City Council meeting. Water and Sewer Ra s Staff and Council went over the proposed Water and Sewer Rates. CM Heidner motioned to set the water rate at $1.50 per thousand and sewer rate at $4.50 per thousand. Seconded by Mayor Fournier. All in favor. Motion carried. City Council Meeting of June 12, 2000, cont'd. Page 5. 8.3. Consideration of Amendment of ISTS Ordinance per State Rego (Cont. from April 24. May 8 and 22 Agendas) CM Berning motioned to adopt the Ordinance with the changes presented. Seconded by CM Wendel. All in favor. Motion carried. Mayor Fournier motioned to approve summary of ISTS Ordinance for publication. Seconded by Wendel. All in favor. Motion carried. 8.4. Consider Approval of Construction Contract with Tricon. Inc for ('itv Park Shelter. Mr. MacArthur stated he reviewed the contract and had no problems with it. CM Berning motioned to approve the Construction Contract with Tricon, Inc. for the construction of the Park Shelter. Seconded by CM Wendel. All in favor. Motion carried. 8.5. Any Other Legal Business Mr. MacArthur stated the permanent and temporary easements along Quaday Avenue (5 parcels) are appraised at $21,000 (total). CM Heidner motioned for City Staff to proceed with the offers. Seconded by CM Wendel. All in favor. Motion carried. Darel Westlund, Director of Engineering for Lakedale Link (Partners with Wright - Hennepin Electric) stated they are looking at bringing telephone services to Otsego. They want to know the process and be able to take advantage of this year's construction season. Andy MacArthur said the City's Ordinance needs to be updated and will bring this back to the next City Council Meeting. 9. Council Items - A. Consider Public Works Committee Recommendations Mike went over his Memo outlining the recommendations. Mayor Fournier motioned to accept recommendation for a 3/4 ton truck and loader purchase. Seconded by CM Berning. Mayor Fournier withdrew his motion. CM Berning accepted. Mayor Fournier motioned to approve the purchase of a 3/4 ton truck for $28,000. Seconded by CM Berning. All in favor. Motion carried. Mayor Fournier motioned to purchase a loader for $170,000 on a lease program for $19,000 a year. Seconded by CM Berning. Voting No: CM Wendel and CM Heidner Voting Yes: Mayor Fournier, CM Berning, Motion failed. The Council would like more information. Mike Robertson reviewed the increase recommendation for Don Mass. Mayor Fournier motioned to give Don Mass a $2 per hour raise and Rick Knudtson a $1 per hour raise. Mayor Fournier withdrew his motion. City Council Meeting of June 12, 2000, cont'd. Page 6. Mayor Fournier motioned to give Don Mass a $2 per hour wage increase. Seconded by CM Wendel. All in favor. Motion carried. Mayor Fournier directed Mike Robertson to get wage scale information from other communities for both Public Works and Administration for future meetings. B. Consider Assessment Agreement with City of Da; ton for Slabt..w,, Sewer and Water Andy MacArthur just received this information. The City Engineer was directed to review the Feasibility Study and place this on the next Council Agenda. Any Other Council Business 9.1. Mike Robertson, City Administrator -dp ate• A_ Consider Approv 1 of Change Orders No.2 & No3 - ridor Construction - Wastewater Treatment Plant CM Heidner motioned to approve Change Orders No. 2 and No. 3. for Gridor Construction. Seconded by CM Wendel. All in favor. Motion carried. B. Any City Administrator Business None. None. 9.3. Judy Hudson. Deputy Clerk _ update None. 9.4. Consider Claims List for approval. CM Wendel motioned to approve the Claims List as amended. Seconded by Mayor Fournier. All in favor. Motion carried. 9.5. Adjourn Mayor Fournier motioned to adjourn. Seconded by CM Wendel. All in favor. Motion carried. Meeting adjourned at 10:30 PM. ayor L Fournier n ttest: Elaine Beatty, City\,Clerk/Zoy4ng Adm. Recorded by: Judy Hudson, Deputy City Seal