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09-25-00 CCCITY OF OTSEGO COUNCIL MEETING MINUTES SEPTEMBER 25, 2000 - 6:30PM I Mayor Larry Fournier will call meeting to order: Mayor Fournier called the meeting to order at 6:35PM. a. Roll Call: Mayor Larry Fournier; Council Members: Virginia Wendel, Vern Heidner, Richard Nichols and Suzanne Ackerman. Staff. Mike Robertson, City Administrator; Elaine Beatty, City Clerk/Zoning Administrator, Dan Licht, City Planner, Larry Koshak, City Engineer and Andy MacArthur, City Attorney. b. Pledge of allegiance Mayor Fournier led in the Pledge of allegiance 2. Consider agenda approval. (Deletions or additions) Add: 7.3.1. Discussion of Superior Landfill Letter 7.3.2. Discussion of memo from Larry Koshak Re: Water system estimate for the golden triangle. 8.2.1. Discussion of Otsego/Albertville - No Annexation Agreement review. 9. A.l. River Rider update. 9.A.2. Discussion of letter from Mark Ourada Dated 9/21/00. 9.1.A. Discussion of Removal of Dead trees in Otsego Prairie Park 9.1.13. Information on Annual School District Meeting. MOTION BY CM HEIDNER AND SECONDED BY CM WENDEL TO APPROVE THE AGENDA WITH AMENDMENTS. MOTION CARRIED UNANIMOUSLY. 3. Consider Minutes: a. September 11. 2000 - Regular Council Meeting Minutes The following changes were noted: Page 2:Third paragraph add "Send Steve Orwoll a copy of the plan". Page 3: Last paragraph under 6.1. add "CM Heidner Seconded the motion" and make bold print. Page 4: Last paragraph should "(1) By July Ist hard surface stalls for each boat and access area to be installed, subject to approval by City Staff" Page 5: Second paragraph add after attend "and had no problems with any of the conditions". Page 6: Second paragraph change to "Motioned" to replace recommended. CM HEIDNER MOTIONED TO APPROVE THE REGULAR COUNCIL MEETING MINUTES OF SEPTEMBER 111 2000 WITH CORRECTIONS. RICHARD NICHOLS SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 4. Open Forum: (5 minute limit) 4.A. Special Presentation: 1._ Rose Kohler 14779 - 83RD St. NE, Otsego, MN - Discussion of neighborhood junk problem. CITY OF OTSEGO COUNCIL MEETING MINUTES OF SEPTEMBER 25, 2000 AT 6:30PM - PAGE 2 - Rose Kohler - 83RD St. - She has handed out 250 flyers in her neighborhood re: junk and blight. She talked to many people and consensus was they are ashamed of the way many lots look in her neighborhood. She has lived kitty-corner from Wilson's for 21 _years and it is getting worse. She is not asking for squeaky clean. People are taking advantage and have too much junk. A lot of people are complaining about the junk. Why are the ordinances not enforced? Let's clean it up. Jerry Olson, Building Inspector - Explained the procedure for junk and blight. The current case has been to Court 11 times in the past 2 -years. It is frustrating for him. Some people wait until just before they are to go to Court and then clean up. Then they bring the junk back two weeks later. CM Heidner - Questioned how much has been spent in the last ten years on the 51 official cases? Answer: Probably tens of thousands. Attorney MacArthur - We can abate nuisances if they are public health and safety nuisances on private property. The question is what constitutes public health and safety. He felt a court order is needed to clean up junk and blight. The constitution comes into play. The people under question have a right to come before the City Council. The City can try to get an injunction. It gets rid of the junk and blight. Then they still bring it back. The City also could prosecute everything as a Civil matter and can ticket people and not necessarily go to a larger court. It works with a lot of people. They get the junk removed, or pay a fine to the City. Mike Robertson stated he has worked with the Civil process and it works if the court backs us up. Attorney MacArthur - The Ordinance would have to be written for follow-up. Dan Peterson - There is a mobile home hooked up to bottle gas and two residents on one homestead. He would condemn this and several other properties in the City. Angie Wirtz, Oakwood Ave - A lot of her neighbors are junk collectors and they live paycheck to paycheck. Maybe City can use the cleanup pay to find out why this is and help them clean up their properties. I saw one City who worked with property owners and had privacy fences installed. Rose Kohler - All that junk and metal isn't it doing something to our water? It is a health hazard. There is oil, antifreeze and other pollutants. Can't we use that as a health issue? John Kasper, 8218 Ogren Place. Vanman, is it a business? I thought you couldn't run a business. The fence he installed is not helping as his junk sticks out above it. Mayor Fournier questioned Andy MacArthur about the ordinance and what we can do to improve prosecution and compliance? Jerry Olson said people are actively evading the process and getting into court is a problem. His abilities to clean up properties are limited by due process and peoples rights. Jerry Olson - Final comments are that he realizes that people are frustrated, he is also. Mike Robertson had a good idea, ticketing. People are not scared of jail, what does scare them? Maybe a money fine. CM Wendel questioned Jerry Olson of the 11 times on one complaint, does he take pictures? Answer: Yes, in two years the property has not changed one bit. Can we assess it? Answer: Only if it is a public health and safety issue. CITY OF OTSEGO COUNCIL MEETING MINUTES OF SEPTEMBER 25, 2000 AT 6:30PM - PAGE 3 - CM Heidner - Six months ago we condemned a property how? Andy explained these ordinances exclude the hazardous building law. Can we put a lien against the property? They have a right to a court trial and that can be expensive. Mayor Fournier - We have to find a way to put teeth into the ordinance to get something done. CM Nichols - Questioned who determines the health and safety concerns. Andy explained that the findings are made when the property is reviewed. You have to hire people and have to get a court order that is costly and you take the risk of ending up in a law suit. The city has to understand the potential liability. CM Heidner asked what the costs are and how long does it take? Andy - We need an injunctive order and the advantage is if violated it can be used to collect city costs. It is a civil injunction and cost is approximately $1,000.00. He explained to initiate it takes an amendment to the ordinance and clarify injunctive relief to the nuisance ordinance. Council would like this proposed change by the Council Meeting of October 9, 2000. They directed Mike to call other Cities who use this kind of ordinance. Mike informed the Council that it only works if the judges back the City. Mike will get the information by the next Council Meeting. Mike asked Andy if the amendment to strengthen the injunctive needs to amend administrative penalties? Answer: Yes, and streamline the notice period. The ability to assess it to the taxes if a public safety issue is a question. Mayor Fournier said this issue would be on the next City Council Meeting on Monday, October 9, 2000. Paul Olson, Odean Ave. - Street just re -done. After the street and curbing, straw is on certain spots, but they did a poor job. Dirt was sandy in front of his house and nothing grew there. Across the street there was straw and it looks nice with grass growing. He feels that the job should be fuushed, seeded. The drainage ditch is only 1/2 finished. The mailboxes come to the edge of the curb. Last year he replaced his mailbox 8 times. All along 85TH ST. all the mailboxes are by the road. He feels something should be done. The trees along the street, he asked if he could put more trees in and the Engineer said they have to be 10' back behind that. They said ask the Council about it. Mayor Fournier asked Mike Robertson about Odean. He said at 8228 Odean they are not finished with the grass or the ditch. The trees, the City Attorney and Engineer want to make sure it is acceptable to the Council. CM Heidner - Concern with trees in boulevard. Thought they would rip up the bike path as they get bigger. Mayor Fournier asked if Paul Olson can plant trees there? Larry Koshak - No, this is a public boulevard. Planting of trees is the full responsibility of the City. He can plant all the trees he wants behind the boulevard. Utilities are in there. Andy MacArthur - It is a liability issue and the City would not be in control of the type of trees planted or obstruction, etc. Paul Olson - Stated he has check out the place where the City bought their trees and they have enough trees for him to buy some. CM Heidner questioned where the trees were between the bike path and road? Will the trees obstruct traffic? Mr. Olson - All the road signs are below the trees. AT 6:30PM - PAGE 4 - Mike Robertson informed the Council that the trees are set back from all the intersections. CM Nichols questioned how far apart the trees are - Answer: 100' apart, staggered on either side of the road. Larry Koshak - Trees can be planted behind the right of way. CM Wedel - Asked who is responsible for mowing around the trees? Answer: City will mow as same as the ditches. Mayor Fournier - Asked that Mr. Olson discuss these issues with Mike Robertson. Mike told Mr. Olson that the City will replace his mailbox. Gary LeFebvre, 14261 - 202nd Ave. - His dad owns land between Co. Rd. #39 and State Hwy. #101 and Parrish Ave NE. A large flock of geese (1,500 to 2,000) have invaded this land. It is in an No Discharge Zone. He is asking permission of the Council to be able to hunt the geese. He has called DNR. The type of shot they use would not hit the road or houses in the area. Last year the Council approved his hunting. Andy MacArthur noted that we required a letter from DNR. DNR doesn't want to put it in writing. If the City calls them, they will give their OK as long as they follow their regulations. CM Wendel - Asked if we need to know how many people will be hunting and hours of hunting? Mr. LeFebvre did not hunt last year. They would hunt on weekends. Richard LeFebvre has to chase the geese away at night and Nathe, the renter has a recording of a shotgun to scare them off. CM Nichols questioned the ballistics data and asked if they had contacted people that run boarder collies to chase the geese away? This is on the edge of a populated area and everyone in the area knows that this is a no - discharge zone. He recommends that the Council review the ballistic data and Gary contact the golf courses to find out the cost to run boarder collies as we have a 5 to 6 year history of not shooting in the area. Mayor Fournier - It is clear that the Council is not ready to take action tonight and asked that this be placed on the October 9th Council Agenda. Gary noted he is not interested in paying someone two to four hundred dollars to chase the geese off. CM Nichols asked Gary to call the MN. Waterfowl Association for any information as to what he can do to get rid of the geese. 5. CONSENT AGENDA (Non -Controversial Items) 5.1. Approve Resolution No. 00-26 "A Resolution Approving An Increase in The Tax Levy". CM HEIDNER MOTIONED AND CM ACKERMAN SECONDED THE MOTION TO ADOPT THE CONSENT AGENDA AS PRESENTED. MOTION CARRIED UNANIMOUSLY. 6. Dan Licht, City Planner: 6 1 Consider Owners Kevin and Benita LeFebvre 8585 Parrish Avenue NE Elk River, (Otsego) MN. Applicant is John Anderson, Tollefson Dev., Inc. 900 W. 128TH ST, Suite #107, Burnsville, MN. 55337. Property is PID #118-500-221302 described as the NW1/4 of the SEI/4, the S. 2 -RDS. Thereof and except the tract described on Subdivision. #598371 and easements of record, located N of Otsego Elementary School and W of County Rod #42 (Parrish Ave. NE). Request is as follows: A. Comprehensive Plan Amendment (Map) CITY OF OTSEGO COUNCIL MEETING MLVUTES OF SEPTEMBER 25, 2000 AT 6:30PM - PAGE 5 - B. Rezone from A-1 (General Agricultural) to R-4 (Residential, Urban Single Family) and R-6 (Townhouse, Quadraminium and Low Density Multiple Family District) C. PUD/CUP, Planned Unit Development, Conditional Use Permit (For Townhomes) D. Preliminary Plat of "Stonegate Estates" Dan Licht explained the planning report of September 20, 2000. He said the traffic circle and 28` private streets are appropriate with 75 guest parking stalls. Drainage and grading plans have been provided and utility easements are needed by the Pumphouse. A 2 -acre park has been dedicated and the balance of the Park dedication requirement will be paid as fees. If approved, a developers contract is required and Current zoning A-1 must be changed to R-4 and R-6. Mayor Fournier questioned if this needs to go back to the Planning Commission? Dan said the changes made were anticipated by the P.C. and need not go back. Larry Koshak - If we get the letter of credit and sign the grading agreement they can start grading. Mr. Bowman, Tollefson Development, Inc. - Would like to know the requirements and conditions needed before the builder can start. Mike Robertson - We received the Letter of Credit today. All they need to grade is sign the form for grading. The builder will be to Scott Wold Construction and it will be a mixture of twin/triple/quad units. The average cost is $140,000. Dan Licht referenced the August 15, 2000 Planning Report which showed the type of homes to be built with maintenance free, vinyl lap siding. Similar to the Prairie Creek Townhomes by Pulte. CM Wendel - Questioned if this development would have an association? Answer; Any common areas are private and would be run by an association. CM Wendel questioned what guarantee we have that the development will stay in good order? Answer: We require the homeowner association document with the developers contract and most are quite good. Mike Robertson - Asked Mr. Bowman if there were any problems with the conditions? Answer: No. Mike informed him that even though he sells the property to a builder, Tollefson will remain the developer of record with responsibility for the conditions of approval. Dan Licht suggested trees with narrow width, in staggered rows. Mr. Bowman said he will mention this to his office staff and it will be in the builders contract with Wold. Larry Koshak - You are required to give Mr. Wold all the documents as part of the approval of this project. LeFebvres will remain on the plat as a co -signature on all phases not immediately constructed. CM Heidner asked about the barb wire fence along the bike path and somehow it needs to be taken down. Mr. Bowman informed the Council that removing fences is something they routinely do. He will investigate it and inform the Council. The fence is along side of Country Ridge Development. The residents are to be notified of the fence removal (Along 83RD St. N to 85TH St.). CITY OF OTSEGO COUNCIL MEETING MINUTES OF SEPTEMBER 25, 2000 AT 6:30PM - PAGE 6 - Mr. Bowman stated that the electric company has a 50' easement and it may cause a problem regarding a fence. He asked if there is a preference as to where the fence should be placed? Mr. Licht answered: The fence has to be on Tollefson land and be wood not chain link. Mayor Fournier - Likes the landscaping plan with the closer spacing of the trees and would like to see a fence on #42. Dan Licht suggested trees with narrow width, in staggered rows. CM Ackerman would like to see the fence up with trees on both sides in a zig zag pattern. CM Wendel questioned who would maintain the trees and fence. CM Heidner questioned if we will require every property on #42 to have a fence. We need to treat everyone the same. Mr. Licht informed the Council this is a policy decision regarding the fence. CM Nichols noted that at Pulte Homes there was no fence required or at Prairie Creek. He is not in favor of the fence. How far does the City go? We have to be fair. We could possibly have a berm with trees which would slow down the children. The residents can install a fence in their back yard. CM Wendel is not in favor of a fence. Tollefson's grading plans have a berm in the SE corner of the project running N to the pond. It can be increased some. The 50' utility easement is a problem. Tollefson's Engineer said a berm can be added in the S area and the ditch can slow children down. The back yard is basically all ditch. CM Heidner questioned if the ponding will be installed first. Answer: Yes. MOTION BY CM NICHOLS TO APPROVE THE RESOLUTION AMENDING THE COMPREHENSIVE PLAN SUCH THAT THE USES INDICATED ON THE LAND USE PLAN MIRROR THE PROPOSED DEVELOPMENT PLAN BASED UPON A FINDING AS STATED IN THE PLANING REPORT ADDENDUM DATED SEPTEMBER 20, 2000. CM WENDEL SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. CM NICHOLS MOTIONED TO APPROVE THE PUD/CUP CONCEPT PLAN AND PRELIMINARY PLAT OF "STONEGATE ESTATES" BASED ON THE PLANNING REPORT ADDENDUM DATED SEPTEMBER 20, 2000 AND INCLUDING THE 9 -CONDITIONS OF THE STAFF REPORT AND WITH THE AMENDED #4 CONDITION ADD " THE DEVELOPER PROVIDE A PHYSICAL BARRIER ALONG CO. RD. #42 EITHER DITCHING OR A 3' MINIMUM BERM IN ADDITION TO THE LANDSCAPING REQUIREMENTS. CM WENDEL SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6.2. Consider a sketch plan review of proposed rezoning from A-1 to A-2 and Preliminary and Final Plat for owners Floyd and Beverly Roden 8337 LaBeaux Ave NE - Applicants Bret & Keri Schoen and Owners Donald and Vernon Weidenbach, 8809 LaBeaux Ave NE. - Applicant: Thomas Weidenbach. Request is as follows: A Sketch Plan Review of the Above Proposal CITY OF OTSEGO COUNCIL MEETING MINUTES OF SEPTEMBER 25, 2000 AT 6:30PM - PAGE 7 - Dan Licht reviewed the Planning Report dated September 19, 2000. He informed the Council that the Planning Commission did not support the subdivision concepts. Larry Koshak agreed with Mr. Licht's report and felt that providing right-of-way that is not used for a street is not in the City's best interest. The soils there are clay and tough to deal with. Any septic would probably be mound systems. Dan Barthel, St. Michael - Questioned if an easement on 85TH ST through on the grid system were given to the City now would that help? Mr. Licht informed him that the City's policy is that any development needs to be serviced by streets. That is why we encourage development to be on existing streets. Mayor Fournier asked if they can come in from Kadler - Answer: They can, but would still need to construct a street. They have additional property rights where they could cluster a small development to help pay for the street. CM Nichols - Questioned having to put in the road and build to city standards. Mr. Licht explained the flag lot issue. The driveway would be over 1/2 a mile long. CM Nichols - Asked if they could put a house on the back of the property with a driveway? Dan explained how that would work. CM Wendel - Why can't they have a long driveway as an easement they maintain and two homes? Mr. Licht - They need access to a public street and 150' street frontage for each home. CM Heidner - Questioned if the two parcels in the back have development rights. Answer: Yes, but no access to the rear lots. Larry Koshak - These flag lots do not meet the Fire Departments emergency vehicles standards. Mayor Fournier - Questioned if we could obtain right-of-way to develop at a later date? Mr. Licht - It is not a good idea for potential liability to have a street that is not constructed as a regular street. CM Nichols - Felt this development is premature and the road would not be an issue in the future. CM Wendel - Questioned how many houses they would be able to develop with a road? Answer: 4 -houses per 40 acres (8-toatal). With sewer and water they could develop more. Dan Licht explained the intent of the Comprehensive Plan for this area is to allow development that does not interfere with future development. CM Heidner - Questioned if they could move the building sites 100 ft to the West and come off of Kadler? Answer: Yes, with a public street cul-de-sac coming off of Kadler. Larry Koshak agreed this could work. Mayor Fournier told the applicants that the consensus of the Council was not in favor of the proposed concept. 6.3. Any Other Planning Business There was none. 7. Larry Koshak, City Engineer. 7.1. Consider Partial Payment of 1999 Street Overlay Project Larry Koshak - Explained that there has been no significant changes that warrant release of this item. Mike Robertson agreed. CITY OF OTSEGO COUNCIL MEETING MINUTES OF SEPTEMBER 25, 2000 AT 6:30PM - PAGE 8 - CM HEIDNER MOTIONED TO TABLE 7.1 TO THE COUNCIL MEETING OF OCTOBER 9, 2000. LARRY FOURNIER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 7.2. Discussion on future Page Ave between 78TH St. and 82ND ST. Larry Koshak - explained his memo dated September 25, 2000. i�tike Robertson referred to the letter or support from Wright Hennepin Electric dated September 25, 2000. The Council Discussed Larry Koshak's request for permission to rough grade from 81st and 79th on Page to install utilities with an estimated cost of $50,000 for hauling. Utilities would be installed by spring. CM Wendel - Questioned the funding for the project. Mike Robertson said that money will come from the Access Fee Fund Budget. MAYOR FOURNIER MOTIONED APPROVAL OF THE RECOMMENDATION AND CM ACKERMAN SECONDED THE MOTION. MOTION CARRIED, RICHARD NICHOLS WAS ABSENT FOR THE VOTE. 7.3. Any Other Engineering business A. Discussion of Superior Landfill letter Mike Robertson informed the Council that Superior is building the landfill higher. After brief discussion the Council decided to make no formal comment on the landfill. B Discussion of Water System estimate for the golden triangle. Larry Koshak reviewed to his memo of September 14, 2000 and the total water system estimated cost is $1,187,500. Mayor Fournier - Asked if development on the E side of the City would pay for this system. Answer: One large housing development would be the start and you would have to make sure that the industrial development would be required to hook up. CM Wendel - No one around her residence wants to hook up to sewer and water. The Beckers are looking for sewer and water to develop. They will install a well and turn it over to the City. Beckers have a back-up developer. Mike Robertson - The well does not cost much, less than 10% of the estimated cost of the water system. CM Heidner - There is a small amount of people in that area to spread out the cost. He assumes that all properties will participate and calculated approximately $2,300 an acre cost for a water system. Mayor Fournier - Wanted this information to discuss Thursday night at the Albertville/Otsego sub -committee meeting. He would like to look at serving both sides of the freeway for sewer and water if we are doing it ourselves. Discussion of the possibility of dumping treated water into the creek and discussion of and the possibility of Albertville accepting treated water from Otsego. Mike Robertson - In earlier discussion with MPCA they will not allow Otsego to use Otsego Creek as a discharge point. Felt we should have a real rough estimate of cost for triangle area for sewer treatment. It was decided that Mike will give Bonestroo a call to discuss costs of an estimate for sewer treatment for the triangle area. 8. Andrew MacArthur, City Attorney: CITY OF OTSEGO COUNCIL MEETING MINUTES OF SEPTEMBER 25, 2000 AT 6:30PM - PAGE 9 - 8.1. See 9.5 Below No closed meeting, due to lack of information. 8.2. Any Other Legal Business A. Discussion of Otsego Albertville Annexation Agreement CM ACKERMAN MOTIONED AND MAYOR FOURNIER SECONDED THE MOTION TO HAVE ANDY MAC ARTHUR REVIEW THE OTSEGO ALBERTVILLE , ST. MICHAEL AND FRANKFORT ANNEXATION AGREEMENT. CM Ackerman and Mayor Fournier withdrew their Motion and Second. Discussion: CM Heidner - Concerned that Andy MacArthur's firm is working with Albertville also. Andy MacArthur - This is not a straight forward issue. You are looking for a legal opinion. CM Nichols - Would rather have another firm look at it. Mike Robertson - Can check with the LMC to see if they will review the agreement for no cost or he knows many others who can review it. CM Heidner - Wants Albertville to know that we are getting additional opinions. MAYOR FOURNIER MOTIONED TO GIVE MIKE ROBERTSON DIRECTION TO CHECK WITH THE LMC OR ANOTHER ATTORNEY TO REVIEW THE ANNEXATION AGREEMENT. CM ACKERMAN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 9. Council Items: A. Any Council Business 1. Update on Community Recreation fVireinia Wendel) and River Rider CM Wendel - Explained that Hassan Township is contemplating dropping out of the Community Recreation program and other Cities will have to pick up their portion of the fees. Mayor Fournier - If rates do not go up, lets remain in the program, otherwise he cannot justify the cost. Mike felt we should wait until a written notice to withdraw is received to discuss and take action. The Council advised Mike Robertson to can Charlie Blesner to discuss Community Recreation. CM Wendel explained the River Rider Meeting. Explained that Pat Sawatzke is interested in having a bus for St. Michael, Hanover, Albertville and Otsego. She informed the Council the price for the River Rider to the City yearly is $3,000 and could go up to S4,000. It was determined that we will meet and asked Mike to call St. Michael and Albertville, etc, to try to set up a meeting. 2. Consider Manufactures 2000 Week Approval MAYOR FOURNIER MOTIONED TO SUPPORT THIS RESOLUTION AND SIGN IT TO SEND TO THE STATE. CM WENDEL SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Discussion ofLetter from Mark Ourada RE Grants available Mike Robertson indicated that this is a two to one grant with the City paying two parts and is not worth pursuing. CITY OF OTSEGO COUNCIL MEETING MINUTES OF SEPTEMBER 25, 2000 AT 6:30PM - PAGE 10 - 9.1. Mike Robertson, City Administrator - update: A. Discussion of removal of dead trees in Otsego Prairie Park Mike Robertson explained that he has received one quote back, but expected two. There are 15 dead elm trees in the park and need to cut, grind and haul away. He is asking for approval from the Council to have this work done, price not to exceed $1,500. MOTION BY CM HEIDNER AND SECONDED BY CM ACKERMAN TO APPROVE THE DEAD ELM REMOVAL AT A PRICE NOT TO EXCEED $1,500. MOTION CARRIED UNANIMOUSLY. B. Any Other City Administrator Business Mike Robertson informed the Council about the Annual School District #728 Meeting at Meadowvale School at 7PM, Thursday November 16, 2000. Mike also informed the council he is getting bids for 12 - 5 to 6 foot trees to plant by water tower as promised to Ken Fry who lives next to the tower. Mike informed the Council about complaints of shooting too close to homes at Pheasant Dream's site and gunshot falling on people. Mike Robertson was directed to get a copy of the DNR permit for Pheasant Dreams. 9.2. Elaine Beatty, City Clerk - update 9.3. Judy Hudson, Deputy Clerk - update 9.4. Consider Claims List for approval. CM Wendel Questioned the B & B Masonry bill for $29,838.00 concrete. Answer: This was for the new concrete floor at the shop. MOTION BY CM WENDEL TO APPROVE THE CLAIMS LIST AS PRESENTED. CM ACKERMAN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 9.5. Closed Meeting for Attorney Client Privilege (Attorney Andrew MacArthur) Was not held due to lack of information. 9.6. Adjourn by 10 PM. CM ACKERMAN MOTIONED TO ADJOURN. CM WENDEL SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. MEETING ADJOURNED AT 10:26PM CITY OF OTSEGO: FILE: 00-CC925.WPS IER, MAYOR I T J`ST: E-1 i • • INISTIWOR e � y CITY OF OTSEGO COUNCIL, MEETING MINUTES SEPTEMBER 25, 2004 - 6:30PM Mayor Fournier called the meeting to orderat Fournier; Council Members: Virginia Wendel, RRoue Mayor Larry Vern Heidner, Richard Nichols and Suzanne Ackerman. SUM Mike Robertson, City Administrator; Elaine Beatty, City Clerk/Zoning Administrator, Dan Licht, City Planner, Larry Koshak, City Engineer and Andy MacArthur, City Attorney. b Pledge of able ' an .e Mayor Fournier led in the Pledge of allegiance Co s, r agenda annrov Add: 7.3. 1. Discussion of Superior Landfill Letter Re: Water system 7.3.2. Discussion of memo from Larry estimate for the golden triangle. 8.2.1. Discussion of Otsego/Albertville - No Annexation Agreement review. 9.A.L River Rider update. 9.A.2. Discussion of letter from Mark Ourada Dated 9/21/00. 9.1.A. Discussion of Removal of Dead trees in Otsego prairie Park 9. LB. Information on Annual School District Meeting MOTION BY CM HEIDNER AND SEE MENTS. MOTIONCARD L TO APPROVE THE AGENDA WITH AM UNANIMOUSLY. � oncirier Minutes: a �Pntemher 1 2 The following changes were noted: n nonv o the nlan� Page 3: Last Page 2:Third paragraph add mann �4P�� " and make bold print. paragraph under 6.1. add " ould— , „tFacp ct liS fri teah aaLnd Page 4: Last paragraph sh� a�P�c area to be Inst 11 :' pmt +o annrobv in'.-- Page 5. Second Page -`' m4 paragraph add after attend 6: Second paragraph change to "Mo ' ned" to replace recommended. CM HEIDNER MOTIONED TO APPR11 2000 WITH CORRECTIONS. OVE THE REGULAR COUNCIL MEETING MINUTES OF SEPTEMBER, RICHARD NICHOLS SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 4. Open Forum: (5 minute limit) 4.A. Special Presentation: �t,v _ nLcussion� 1 Ro�P Kohler 9-8 ____ neieh orh��d i mk problem_ CITY OF OTSEGO COUNCIL MEETING MINUTES OF SEPTEMBER 25, 2000 AT 6:30PM - PAGE 2 - Rose Kohler - 83RD St. - She has handed out 250 flyers in her neighborhood re: junk and blight. She talked to many people and consensus was they are ashamed of the way many lots look in her neighborhood. She has lived kitty-corner from Wilson's for 21 years and it is getting worse. She is not asking for squeaky clean. ut the unk.ople are takinWhy advantage and have too much junk. A lot of people are complaining J are the ordinances not enforced? Let's clean it up. Jerry Olson, Building Inspector - Explained the procedure for junk and blight. The current case has been to Court 11 times in therting aThenor him. the bring e people wait until just before they are to go to Court and then clean up the junk back two weeks later. CM Heidner - Questioned how much has been spent in the last ten years on the 51 official cases? Answer: Probably tens of thousands. Attorney MacArthur - We can abate nuisances if they are public health and safety nuisances on private property. The question is what constitutes public health and safety. He felt a court order is needed to clean up junk andblight. before the City 1tution comes into Council. The City play. The people under question have a right toit back. can try to get an injunction. It gets rid of the junk and blight. Then they still bring The City also could prosecute everything as a Civil matter and can ticket people and not necessarily go to a larger court. It works with a lot of people. They get the junk removed, or pay a fine to the City. Mike Robertson stated he has worked with the Civil process and it works if the court backs us up. Attorney MacArthur -The Ordinance would have to be written for follow-up. Dan Peterson - There is a mobile home hooked up to bottle gas and two residents on one homestead. He would condemn this and several other properties in the City. Angie Wirtz, Oakwood Ave - A lot of her neighbors are junk collectors and they live paycheck to paycheck. Maybe City can use the cleanup pay to find out why this is and help them clean up their properties. I saw one City who worked with property owners and had privacy fences installed. Rose Kohler - All that junk and metal isn't it doing something au°e our ,at a health health hazard. There is oil, antifreeze and other pollutants. issue? John Kasper, 8218 Ogren Place. Vanman, is it a business? I thought you couldn't run a business. The fence he installed is not helping as his junk sticks out above it. Mayor Fournier questioned Andy MacArthur about the ordinance and what we can do to improve prosecution and compliance? Jerry Olson said people are actively eeadding the process and getting into court is a problem. His abilities to clean up properties are limited by due process and peoples rights. realizes that people are frustrated, he is Jerry Olson - Final comments are that he also. Mike Robertson had a good idea, ticketing. People Jerry Olson of the1, what does 1 l tunes on scare them? Maybe a money fine. CM Wendel questionedroperty has not one complaint, does he take pictures�Answer: ry � i� two years the a public healPh and safety issue. changed one bit. Can we assess it? CITY OF OTSEGO COUNCIL MEETING MINUTES OF SEPTEMBER 25, 2000 AT 6:30PM - PAGE 3 - CM Heidner - Six months ago we condemned a property how? Andy explained these ordinances exclude the hazardous building and that can beexpensive. lien against the property? They have a right to a court Mayor Fournier - We have to find a way to put teeth into the ordinance to get something done. CM Nichols - Questioned who determines the health and safety concerns. Andy explained that the findings are made when the property is reviewed. You have to hire people and have to get a court order that is costly and you take the risk of ending up in a law suit. The city has to understand the potential liability. CM Heidner asked what the costs are and how long does it take? Andy - We need an injunctive order and the advantage is if violated it can be used to collect city costs. It is a civil injunction and cost is approximately $1,000.00. He explained to initiate it takes an amendment to the ordinance and clarify injunctive relief to the nuisance ordinance. Council would like this proposed change by the Council Meeting of October 9, 2000. They directed Mike to call other Cities who use this kind of ordinance. Mike informed the Council that it only works if the judges back the City. Mike will get the information by the next Council Meeting. Mike asked Andy if the amendment and streamline strengthen amline tthe notice period.e needs to amend administrative penalties? An The ability to assess it to the taxes if a public safety issue is a question. Mayor Fournier said this issue would be on the next City Council Meeting on Monday, October 9, 2000. Paul Olson, Odean Ave. - Street just re -done. After the street and curbing, straw is on certain spots, but they did a poor job. Dirt was sandy in front of his house and nothing grew there. Across the street there was straw and it looks nice with grass growing. He feels that the job should be finished, seeded. t yin he replacage ltch is only 1/2 e his mailbox finished. The mailboxes come to the edge of the curb. Last 8 times. All along 85TH ST. all the mailboxes f he by the d road. Hre trees in and feels something should be done. The trees along the street, he asked P Engineer said they have to be 10' back behind that. They said ask the Council about it. Mayor Fournier asked Mike Robertson about Odean. He said at 8228 Odean they are not finished with the grass or the ditch. The trees, the City Attorney and Engineer want to make sure it is acceptable to the Council. CM Heidner - Concern with trees in boulevard.houghs ton hey wuldtrer p up the bike path as they get bigger. Mayor Fournier asked if Pau plant Larry Koshak - No, this is a public boulevard. Planting of trees is the full responsibility of the City. He can plant all the trees he wants behind the boulevard. Utilities are in there. Andy MacArthur - It is a liability issue and the City would not be in control of the type of trees planted or obstruction, etc. Paul Olson - Stated he has check out the place where the City bought their trees and they have enough trees for him to buy some. CM Heidner questioned where the trees were between the bike path and road? Will the trees obstruct traffic? Mr. Olson - All the tree signs are below the trees. CITY OF OTSEGO COUNCIL MEETING MINUTES OF SEPTEMBER 25, 2000 AT 6:30PM - PAGE 4 - Mike Robertson informed the Council that the trees are set back from all the intersections. CM Nichols questioned how far apart the trees are - Answer: 100' apart, staggered on either side of the road. Larry Koshak - Trees can be planted behind the right of way. CM Wedel - Asked who is responsible for mowing around the trees? Answer: City will mow as same as the ditches. Mayor Fournier - Asked that Mr. Olson discuss these issues with Mike Robertson. Mike told Mr. Olson that the City will replace his mailbox. Gary LeFebvre, 14261 - 202nd Ave. - His dad owns land between Co. Rd. #39 and State Hwy. #101 and Parrish Ave NE. A large flock of geese (1,500 to 2,000) have invaded this land. It is in an No Discharge Zone. He is asking permission of the Council to be able to hunt the geese. He has called DNR. The type of shot they use would not hit the road or houses in the area. Last the Council approved his hunting. Andy MacArthur noted that we required a letter from DNR. DNR doesn't want to put it in writing form- If the City calls them, they will give their OK as long as they follow their regulations. CM Wendel - Asked if we need to know how many people will be hunting and hours of hunting? Mr. LeFebvre did not hunt last year. They would hunt on weekends. Richard LeFebvre has to chase the geese away at night and Nathe, the renter has a recording of a shotgun to scare them off. CM Nichols questioned the ballistics data and asked if they had contacted people that run boarder collies to chase the geese away? This is on the edge of a populated area and everyone in the area knows that this is a no-discharge zone. He recommends that the Council review the ballistic data and Gary contact the golf courses to find out the cost to run boarder collies as we have a 5 to 6 year history of not shooting in the area. Mayor Fournier - It is clear that the Council is not ready to take action tonight and asked that this be placed on the October 9th Council Agenda. Gary noted he is not interested in paying someone two to four hundred dollars to chase the geese off. CM Nichols asked Gary to call the MN. Waterfowl Association for any information as to what he can do to get rid of the geese. 5. CONSENT AGENDA (Non-Controversial Items) 5.1_ADnrov� a Resolution No 00-26 "A Resolution Approving An Increase in The Tax Levy". CM HEIDNER MOTIONED AND CM ACKERMAN SECONDED THE MOTION TO ADOPT THE CONSENT AGENDA AS PRESENTED. MOTION CARRIED UNANIMOUSLY. 6. Dan Licht, City Planner: 6.1. Consider Owners Kevin and RPn;ta T eFebvre, 8585 Parrish A yen»p NF.. FII, 1,8ver, (Otsego) MN. A li ani iohnnd rson o con v 128TH ST Suite #107, _Burnsville, MN. 55337. Property is PID #118-500-221302 described as the NWl/4 of the SE1/4, the S. 2-RDS. Thereof and except the tract described on Subdivision. #598371 and easements of record, located N of Otsego Elementary School and W of County Rod #42 (Parrish Ave. NE). Request is as follows: A. Comprehensive Plan Amendment (Map) CITY OF OTSEGO COUNCIL MEETING MINUTES OF SEPTEMBER 25, 2000 AT 6:30PM - PAGE 5 - B. Rezone from A-1 (General Agricultural) to R-4 (Residential, Urban Single Family) and R-6 (Townhouse, Quadraminium and Low Density Multiple Family District) C. PUD/CUP, Planned Unit Development, Conditional Use Permit (For Townhomes) D. Preliminary Plat of "Stonegate Estates" Dan Licht explained the planning report of September 20, 2000. He said the traffic circle and 28' private streets are appropriate with 75 guest parking stalls. Drainage and grading plans have been provided and utility easements are needed by the Pumphouse. A 2 -acre park has been dedicated and the balance of the Park dedication requirement will be paid as fees. If approved, a developers contract is required and Current zoning A-1 must be changed to R-4 and R-6. Mayor Fournier questioned if this needs to go back to the Planning Commission? Dan said the changes made were anticipated by the P.C. and need not go back. Larry Koshak - If we get the letter of credit and sign the grading agreement they can start grading. Mr. Bowman, Tollefson Development, Inc. - Would like to know the requirements and conditions needed before the builder can start. Mike Robertson - We received the Letter of Credit today. All they need to grade is sign the form for grading. The builder will be to Scott Wold Construction and it will be a mixture of twin/triple/quad units. The average cost is $140,000. Dan Licht referenced the August 15, 2000 Planning Report which showed the type of homes to be built with maintenance free, vinyl lap siding. Similar to the Prairie Creek Townhomes by Pulte. CM Wendel - Questioned if this development would have an association? Answer; Any common areas are private and would be run by an association. CM Wendel questioned what guarantee we have that the development will stay in good order? Answer: We require the homeowner association document with the developers contract and most are quite good. Mike Robertson - Asked Mr. Bowman if there were any problems with the conditions? Answer: No. Mike informed him that even though he sells the property to a builder, Tollefson will remain the developer of record with responsibility for the conditions of approval. Dan Licht suggested trees with narrow width, in staggered rows. Mr. Bowman said he will mention this to his office staff and it will be in the builders contract with Wold. Larry Koshak - You are required to give Mr. Wold all the documents as part of the approval of this project. LeFebvres will remain on the plat as a co -signature on all phases not immediately constructed. CM Heidner asked about the barb wire fence along the bike path and somehow it needs to be taken down. Mr. Bowman informed the Council that removing fences is something they routinely do. He will investigate it and inform the Council. The fence is along side of Country Ridge Development. The residents are to be notified of the fence removal (Along 83RD St. N to 85TH St.). CITY OF OTSEGO COUNCIL MEETING MINUTES OF SEPTEMBER 25, 2000 AT 6:30PM - PAGE 6 - Mr. Bowman stated that the electric company has a 50' easement and it may cause a problem regarding a fence. He asked if there is a preference as to where the fence should be placed? Mr. Licht answered: The fence has to be on Tollefson land and be wood not chain link. Mayor Fournier - Likes the landscaping plan with the closer spacing of the trees and would like to see a fence on #42. Dan Licht suggested trees with narrow width, in staggered rows. CM Ackerman would like to see the fence up with trees on both sides in a zig zag pattern. CM Wendel questioned who would maintain the trees and fence. CM Heidner questioned if we will require every property on #42 to have a fence. We need to treat everyone the same. Mr. Licht informed the Council this is a policy decision regarding the fence. CM Nichols noted that at Pulte Homes there was no fence required or at Prairie Creek. He is not in favor of the fence. How far does the City go? We have to be fair. We could possibly have a berm with trees which would slow down the children. The residents can install a fence in their back yard. CM Wendel is not in favor of a fence. Tollefson's grading plans have a berm in the SE corner of the project running N to the pond. It can be increased some. The 50' utility easement is a problem. Tollefson's Engineer said a berm can be added in the S area and the ditch can slow children down. The back yard is basically all ditch. CM Heidner questioned if the ponding will be installed first. Answer: Yes. MOTION BY CM NICHOLS TO APPROVE THE RESOLUTION AMENDING THE COMPREHENSIVE PLAN SUCH THAT THE USES INDICATED ON THE LAND USE PLAN MIRROR THE PROPOSED DEVELOPMENT PLAN BASED UPON A FINDING AS STATED IN THE PLANING REPORT ADDENDUM DATED SEPTEMBER 20, 2000. CM WENDEL SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. CM NICHOLS MOTIONED TO APPROVE THE PUD/CUP CONCEPT PLAN AND PRELIMINARY PLAT OF "STONEGATF. ESTATES" BASED ON THE PLANNING REPORT ADDENDUM DATED SEPTEMBER 20, 2000 AND INCLUDING THE 9 -CONDITIONS OF THE STAFF REPORT AND WITH THE AMENDED #4 CONDITION ADD THE DEVELOPER PROVIDE A PHYSICAL BARRIER ALONG CO. RD. #42 EITHER DITCHING OR A Y MINIMUM BERM IN ADDITION TO THE LANDSCAPING REQUIREMENTS. CM WENDEL SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6 2 Consider a sketch plan review of proposed re o ing from A-1 to A-2 and Preliminary and Final Plat for owners Floyd and Beverly Rod n SM LaBeaux Ave NE - Applicants Bret & Keri Schoen and Owners Donald and Vernon A denbach. 8809 LaBeaux Ave NE. - Applicant: Thomas Weidenbach. Request is as follows: A Sketch Plan Review of the Above Proposal CITY OF OTSEGO COUNCEL MEETING MINUTES OF SEPTEMBER 25, 2000 AT 6:30PM - PAGE 7 - Dan Licht reviewed the Planning Report dated September 19, 2000. He informed the Council that the Planning Commission did not support the subdivision concepts. Larry Koshak agreed with Mr. Licht's report and felt that providing right-of-way that is not used for a street is not in the City's best interest. The soils there are clay and tough to deal with. Any septic would probably be mound systems. Dan Barthel, St. Michael - Questioned if an easement on 85TH ST through on the grid system were given to the City now would that help? Mr. Licht informed him that the City's policy is that any development needs to be serviced by streets. That is why we encourage development to be on existing streets. Mayor Fournier asked if they can come in from Kadler - Answer: They can, but would still need to construct a street. They have additional property rights where they could cluster a small development to help pay for the street. CM Nichols - Questioned having to put in the road and build to city standards. Mr. Licht explained the flag lot issue. The driveway would be over 1/2 a mile long. CM Nichols - Asked if they could put a house on the back of the property with a driveway? Dan explained how that would work. CM Wendel - Why can't they have a long driveway as an easement they maintain and two homes? Mr. Licht -They need access to a public street and 150' street frontage for each home. CM Heidner - Questioned if the two parcels in the back have development rights. Answer: Yes, but no access to the rear lots. Larry Koshak - These flag lots do not meet the Fire Departments emergency vehicles standards. Mayor Fournier - Questioned if we could obtain right-of-way to develop at a later date? Mr. Licht - It is not a good idea for potential liability to have a street that is not constructed as a regular street. CM Nichols - Felt this development is premature and the road would not be an issue in the future. CM Wendel - Questioned how many houses they would be able to develop with a road? Answer: 4 -houses per 40 acres (8-toatal). With sewer and water they could develop more. Dan Licht explained the intent of the Comprehensive Plan for this area is to allow development that does not interfere with future development. CM Heidner - Questioned if they could move the building sites 100 ft to the West and come off of Kadler? Answer: Yes, with a public street cul-de-sac coming off of Kadler. Larry Koshak agreed this could work. Mayor Fournier told the applicants that the consensus of the Council was not in favor of the proposed concept. 6.3. Any Other Planning Business There was none. 7 La_rry Koshak, ity Fn_ jneer. 7.1. onsider Partial Payment of 1999 Street Overlay Project. Larry Koshak - Explained that there has been no significant changes that warrant release of this item. Mike Robertson agreed. CITY OF OTSEGO COUNCIL MEETING MINUTES OF SEPTEMBER 25, 2000 AT 6:30PM - PAGE 8 - CM HEIDNER MOTIONED TO TABLE 7.1 TO THE COUNCIL MEETING OF OCTOBER 9, 2000. LARRY FOURNIER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 72 Discussion on future Page Ave -between 79TH St and 92ND ST. Larry Koshak - explained his memo dated September 25, 2000. Mike Robertson referred to the letter or support from Wright Hennepin Electric dated September 25, 2000. The Council Discussed Larry Koshak's request for permission to rough grade from 81st and 79th on Page to install utilities with an estimated cost of $50,000 for hauling. Utilities would be installed by spring. CM Wendel - Questioned the funding for the project. Mike Robertson said that money will come from the Access Fee Fund Budget. MAYOR FOURNIER MOTIONED APPROVAL OF THE RECOMMENDATION AND CM ACKERMAN SECONDED THE MOTION. MOTION CARRIED, RICHARD NICHOLS WAS ABSENT FOR THE VOTE. 7 Any Other Engineering business A Discussion of Superior Landfill letter Mike Robertson informed the Council that Superior is building the landfill higher. After brief discussion the Council decided to make no formal comment on the landfill. B Discussion of Water System estimate for the golden triangle. Larry Koshak reviewed to his memo of September 14, 2000 and the total water system estimated cost is $1,187,500. Mayor Fournier - Asked if development on the E side of the City would pay for this system. Answer: One large housing development would be the start and you would have to make sure that the industrial development would be required to hook up. CM Wendel - No one around her residence wants to hook up to sewer and water. The Beckers are looking for sewer and water to develop. They will install a well and turn it over to the City. Beckers have a back-up developer. Mike Robertson - The well does not cost much, less than 10% of the estimated cost of the water system. CM Heidner - There is a small amount of people in that area to spread out the cost. He assumes that all properties will participate and calculated approximately $2,300 an acre cost for a water system. Mayor Fournier - Wanted this information to discuss Thursday night at the Albertville/Otsego sub -committee meeting. He would like to look at serving both sides of the freeway for sewer and water if we are doing it ourselves. Discussion of the possibility of dumping treated water into the creek and discussion of and the possibility of Albertville accepting treated water from Otsego. Mike Robertson - In earlier discussion with MPCA they will not allow Otsego to use Otsego Creek as a discharge point. Felt we should have a real rough estimate of cost for triangle area for sewer treatment. It was decided that Mike will give Bonestroo a call to discuss costs of an estimate for sewer treatment for the triangle area. 8. Andrew MacArthur, City Attorney: CITY OF OTSEGO COUNCIL MEETING MINUTES OF SEPTEMBER 25, 2000 AT 6:30PM - PAGE 9 - 8.1. See 9.5 Below No closed meeting, due to lack of information. 8.2. Any Other Legal Business A Discussion of Otsego Albertville Annexation Agreement _ment CM ACKERMAN MOTIONED AND MAYOR FOURNIER SECONDED THE MOTION TO HAVE ANDY MAC ARTHUR REVIEW THE OTSEGO ALBERTVILLE , ST. MICHAEL AND FRANKFORT ANNEXATION AGREEMENT. CM Ackerman and Mayor Fournier withdrew their Motion and Second. Discussion: CM Heidner - Concerned that Andy MacArthur's firm is working with Albertville also. Andy MacArthur - This is not a straight forward issue. You are looking for a legal opinion. CM Nichols - Would rather have another firm look at it. Mike Robertson - Can check with the LMC to see if they will review the agreement for no cost or he knows many others who can review it. CM Heidner - Wants Albertville to know that we are getting additional opinions. MAYOR FOURNIER MOTIONED TO GIVE MIKE ROBERTSON DIRECTION TO CHECK WITH THE LMC OR ANOTHER ATTORNEY TO REVIEW THE ANNEXATION AGREEMENT. CM ACKERMAN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 4 Council Iterna A Any Council Business 1 Update on Community Recreation Virginia Wendel) and River Rider CM Wendel - Explained that Hassan Township is contemplating dropping out of the Community Recreation program and other Cities will have to pick up their portion of the fees. Mayor Fournier - If rates do not go up, lets remain in the program, otherwise he cannot justify the cost. Mike felt we should wait until a written notice to withdraw is received to discuss and take action. The Council advised Mike Robertson to call Charlie Blesner to discuss Community Recreation. CM Wendel explained the River Rider Meeting. Explained that Pat Sawatzke is interested in having a bus for St. Michael, Hanover, Albertville and Otsego. She informed the Council the price for the River Rider to the City yearly is $3,000 and could go up to $4,000. It was determined that we will meet and asked Mike to call St. Michael and Albertville, etc. to try to set up a meeting. _ 2 Consider Manufactures?000 Week Ale rn oval. MAYOR FOURNIER MOTIONED TO SUPPORT THIS RESOLUTION AND SIGN IT TO SEND TO THE STATE. CM WENDEL SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Discussion of Letter from Mark Ourada RE C'.ranTC available Mike Robertson indicated that this is a two to one grant with the City paying two parts and is not worth pursuing. CITY OF OTSEGO COUiNCIL MEETING MINUTES OF SEPTEMBER 25, 2000 AT 6:30PM - PAGE 10 - 9.1. Mike Robertson, Citv Administrator - update: A. Discussion of removal of dead trees in Otsego Prairie Park Mike Robertson explained that he has received one quote back, but expected two. There are 15 dead elm trees in the park and need to cut, grind and haul away. He is asking for approval from the Council to have this work done, price not to exceed $1,500. MOTION BY CM HEIDNER AND SECONDED BY CM ACKERMAN TO APPROVE THE DEAD ELM REMOVAL AT A PRICE NOT TO EXCEED $1,500. MOTION CARRIED UNANIMOUSLY. B. AW Other City Administrator Business Mike Robertson informed the Council about the Annual School District #728 Meeting at Meadowvale School at 7PM, Thursday November 16, 2000. Mike also informed the council he is getting bids for 12 - 5 to 6 foot trees to plant by water tower as promised to Ken Fry who lives next to the tower. Mike informed the Council about complaints of shooting too close to homes at Pheasant Dream's site and gunshot falling on people. Mike Robertson was directed to get a copy of the DNR permit for Pheasant Dreams. 9.2. Elaine Beatty, City Clerk - update 9.3. Judy Hudson, Deputy Clerk - update 9.4. Consider Claims List for approval. CM Wendel Questioned the B & B Masonry bill for $29,838.00 concrete. Answer: This was for the new concrete floor at the shop. MOTION BY CM WENDEL TO APPROVE THE CLAIMS LIST AS PRESENTED. CM ACKERMAN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 9.5. ClosedMeetin2 for Attornev Client Privileee (Attornev Andrew MacArthur Was not held due to lack of information. 9.6. Adjourn by 10 PM. CM ACKERMAN MOTIONED TO ADJOURN. CM WENDEL SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. MEETING ADJOURNED AT 10:26PM CITY OF OTSEGO: 4ARRYyc-z,�7 � I IER, MAYOR FILE: 00-CC925.WPS ATTEST: ELAI"'-BEAT�TY ZONING ADMINISTRATOR CLERK/