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08-28-00 CCCITY OF OTSEGO WRIGHT COUNTY, MINNESOTA CITY COUNCIL MEETING 6:30 PM COUNCIL CHAMBERS OTSEGO CITY HALL AUGUST 28, 2000 1. Mayor Larry Fournier will call meeting to order: Mayor Fournier called the meeting to order at 6:30 PM. a. Roll Call: Mayor Larry Fournier; Councilmembers: Virginia Wendel, Vern Heidner, Richard Nichols. Suzanne Ackerman arrived at 7:15 PM. Staff. Mike Robertson, City Administrator; Elaine Beatty, City Clerk/ Zoning Administrator; Judy Hudson, Deputy Clerk; Dan Licht, City Planner; Larry Koshak, City Engineer; Andrew MacArthur, City Attorney arrived at 9 PM. Mayor Fournier led in the Pledge of Allegiance. 2. Consider agenda aapproval. Mayor Fournier requested to add under Item 9.17. Set meeting date for Otsego/Albertville Sewer sub -committee meeting, add under Item 9.17. Discuss the August 21, 2000 League of Minnesota Cities letter. CM Heidner motioned to adopt the agenda as amended. Seconded CM Wendel. All in favor. Motion carried. 3. Consider Minutes: a_ August 14, 2000 - Regular Council Meeting nutes CM Wendel motioned to accept the minutes as written. Seconded by Mayor Fournier. All in favor. Motion carried. b. July 31, 2000 - Hearing for Slabtown Sewer and Water Minutes CM Heidner motioned adoption. Seconded by CM Wendel. All in favor. Motion carried. C August . 2000 - Special Council Meeting - Rick Grupa/Slahtown CM Heidner questioned the spelling of Schulenburg and to check if he has submitted his survey. CM Wendel motioned adoption of minutes. Seconded by CM Heidner. All in favor. Motion carried. 4. Open Foram: (5 minute limit) 4.1. Any Open Forum Cecil Adams, 14107 78th Street. He complained about the overlay project. He feels.that his ditch hasn't been cleaned and tapered correctly for him to mow it. Larry Koshak stated the contractor was to have clean out the debris in the top soil and that they have not done that. He will make sure they get out there and get this done. Larry feels there isn't much that can be done with the slope of the ditch. City Council Meeting of August 28, 2000, contd. Page 2. CM Heidner disagreed regarding the slope feeling that two inches shouldn't make that big of difference when working with a 8 foot ditch. Mayor Fournier suggested that since these type of complaints keep coming back to have the Public Works Sub -committee go out with the City Engineer and review this project and come back to the next City Council Meeting with some solutions. 4_A. Special Presentation• 1. Ron Black, Chair of HPC - Discussion of HPC Budget 2001 Ron Black presented the proposed budget for the Heritage Preservation Commission, recommending $5,000 for contracted services. He explained this would be for staff time to assist HPC in developing a recommendation for designation of a Heritage Preservation District. Mayor Fournier stated the Council is having a Budget Workshop Tuesday, August 29, 2000 and will consider the HPC Budget. A. A1212rove Addendum • Resolution ► • 1.1.1 Appointing • 1 i4ges for1" Primary r . 11 General Elections, B. :tI • - Resolution ►• 111 1• Truth -In -Taxation Hearing Dates 1- 2001 Tax Leyy CM Heidner motioned adoption of the Consent/ 1 / 1 by CM Wendel. favor.All in 1 1carried. 6. Dan Licht, City Planner - 6. 1. lanner•6.1. Consider Owners Kevin and Benita Lefebvre. 8585 Parrish Avenue NF_ Flk River. (Otsego) MN. Applicant is John Anderson_ Tolle son Dey ; Inc 900 W 128TH ST.. Suite #107. B urnsvill , MN 55337 Property is PID #118-500-221302 described as the NWl/4 of the SRI/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 -NR) Dan Licht presented the Planner's Report. Larry Koshak stated he has concerns and just received the last submittals from the applicant and needs time to review the information. CM Ackerman arrived at this point. Jon Zachman, Parrish Avenue, asked if the City is requiring screening along County Road 42 since the townhomes appeared to be close to this street. Dan Licht said the City is looking for more of an intensive landscaping plan such as Pulte Homes submitted. Mr. Zachman was also concern with the water run-off. Mr. Koshak renlied that stormwater ponding rate control is required in the Stonegate Development. A. •111 '1"1 Plan 1 :11'1111'1 ►/ B. Rezone from A- I (General Agricultural) to R-4 (Residential, Ur.1 Single Family).It • (Townhouse, ..1 . 11 1 11 . 11 Low Density Multiple . 11 City Council Meeting of August 28, 2000, cont'd. Page 3. C. P Tib/Ci TP, Planned Unit Development. Conditional I Ts Permit (For Townhomesl D. Preliminary Plat of "Stonega e Estates" Mayor Fournier motioned to table consideration of Items A, B, C and D to give adequate time for staff to review these requests. Seconded by CM Ackerman. Voting For the Motion: Mayor Fournier, CM Ackerman, CM Wendel, CM Nichols. Voting Against the Motion: CM Heidner Motion carried four (4) to one (1). CM Heidner was concerned with the 60 Day Time Requirement of consideration. Mr. Licht said the applicant did sign a Waiver and the City is in compliance with this law. 6.2. Consider Owners Darren and liana M Olson, 15460 88TH ST NE. Otsego. MN. 55330 PID # Involved is 118-052-001010 in Sec. 22, Two. 121, R 23Wright County, City of Otsego. MN- Legal d s r'ntion if Lot 1. Block J. Country Ridgy Estates, Dan presented the Planner's Report. Larry Koshak said he normally doesn't recommend allowing a second driveway because it reduces snow storage, it is a ditch section and requires a culvert which needs to be placed in proper elevation and sets a precedent for other lots and the City could end up with a lot of accesses on their streets. Dana Olson, 15460 88th St. They have hired someone to do the elevations for the culvert who will also take into consideration the future street. Mrs. Olson also pointed out they have a well in the front yard and are on a hill which eliminates extending off the current driveway. The large easement in the back of their yard and side yard also prevents them from extending off of the current driveway. A. Conditional Use Permit to allow more than one curb rut for a single family residential use CM Heidner motioned to approve the Conditional Use Permit to allow a second curb cut to be constructed to serve a single family property at 15460 88th Street NE subject to the four (4) conditions listed in the Findings of Fact and to add Condition #5 that City Engineer approves the size and placement of the culvert. Seconded by CM Ackerman. All in favor. Motion carried. 6.3. Any Other Planning Business Dan Licht went over his August 22, 2000 Memo regarding the Zoning Ordinance on Signs. No action was taken. Mike Robertson reported he did discuss with MnDOT the 101 Bridge Replacement Plan. The designed area to walk across the bridge is not intended to be a bike path. A bike path would not work well on this bridge with the Highway 10 and 169 interchange and there already is a Bike Path on the Parrish Avenue Bridge. City Council Meeting of August 28, 2000, cont'd. Page 4. 7. Larry Koshak_ City Engineer_7.1_ Discussion of Mason Avenue Damage Larry Koshak went over Ron Wagner's Memo of August 17, 2000. The engineers feel this is more of a scar rather than damage. They recommended to correct next year with crack sealing. The Council agreed. 7.2_ Consider Partial Payment for 1999 ST. Overlay Project The Council agreed to place this on the next City Council Agenda giving the Public Works subcommittee time to review the ditch restorations. 7.3. Consider Final Payment for Water Tower Mayor Fournier motioned to approve the final payment to Maguire Iron, Inc., for $5,285.15 and to accept the Water Tower. Seconded by CM Heidner. All in favor. Motion carried. 7.4. Consider Resolutions 2000-14 and 2000-19 CM Heidner motioned to approve Resolution 2000-14 accepting the North Mississippi Storm Water Study. All in favor. Motion carried. Andrew MacArthur arrived at this point. CM Heidner motioned to adopt Resolution 2000-19 ordering the 88th Street Project Option 3.5 and not to include the end of the street as part of the assessment. Seconded by Mayor Fournier. All in favor. Motion carried. None. 8. Andrew MacArthur, City Attorney* 8.1. Discussion of Proposed Assessment Agreement from Dazes CM Ackerman motioned to table this discussion until the September 11, 2000 City Council Meeting. Seconded by CM Heidner. All in favor. Motion carried. 8.2. Discussion of School District #728 .Settlement Agreement Andy MacArthur went over the agreement and recommended approval. Mayor Fournier motioned to approve the Agreement already executed by school. Seconded by CM Wendel. All in favor. Motion carried. 8.3. Ouaday Avenue Easements CM Nichols motioned to adopt Resolution No. 2000-20, Authorizing Procurement of Land by Eminent Domain for Construction, Operation and Maintenance of a Trunk Sanitary Sewer; Storm Sewer; Watermain; and Road Improvement and Restoration Project. Seconded CM Wendel. All in favor. Motion carried. 8.4. Any Other Legal Business Mr. MacArthur reported the Developers Agreement for Mississippi Pines has been signed and the Letter of Credit received. 9. Council Items: A. Consider Statement of Understanding Between Otsego and American National Red Cross_ CM Ackerman motioned to table this item. Seconded by CM Wendel. All in favor. Motion carried. City Council Meeting of August 28, 2000, cont'd. Page 5. B. Consider an Increase for Pete Merges Contract for 2001 Mike Robertson reviewed the contract. CM Heidner motioned adoption. Seconded by CM Ackerman. All in favor. Motion carried. C. Update on Community Recreation Meeting by CM Wendel CM Wendel distributed and reviewed the Community Recreation Administrative Budget FY2000. D. Update on EDAAC Meeting by CM Wendel CM Wendel reported the EDAAC would like a $5,000 increase in their budget for advertising. They have set the Marketing Meeting for Wednesday, October 4, 2000 at 7 PM. E. Discussion of Otsego Hall Rental - CM Wendel CM Wendel stated she has received calls asking that the City Hall continue renting out the community room. Mayor Fournier directed staff to get the financial report done on this. CM Heidner motioned that the current moratorium on rentals at City Hall be removed no later than December 31, 2000. Seconded by Mayor Fournier. All in favor. Motion carried. F. Any Council Business a. Set a date for Otsego/Albertville S ,w rSub- .ommi t Mike Robertson will check with Albertville if the dates of September 14, 21 or 28, 2000 would work for them. CM Heidner and Mayor Fournier are the Otsego representatives. b_ LMC Letter dated August 21. 2000 regarding Building Quality Communities- The .o muni i s_The Council directed staff to include the Resolution on this on the City Council Agenda. 9.1. Mike Robertson, City Administrator -do ate• A. Water Bill Adjustments Mike went over his August 23, 2000 Memo regarding discounting sewer bills for all residents of brand new homes as outlined in his memo. Mayor Fournier motioned to accept the City Administrator's recommendation for new residents sewer bill adjustment for summer usage. Seconded by CM Wendel. All in favor. Motion carried. B. Any Other City Administrator Business 9.2. Elaine Beatty, City Clerk - update No updates. 9.3. Judy Hudson,Deputy Clerk - update No updates. 9.4. Consider Claims List for approval" CM Heidner motioned to adopt the Claims List as submitted. Seconded by CM Nichols. All in favor. Motion carried. 0 City Council Meeting of August 28, 2000, cont'd. Page 6. 9.5. Adjourn -LyQ PM - CM Wendel motioned to adjourn. Seconded by CM Ackerman. All in favor. Motion carried. Meeting adjourned at 10:15 PM. : Elaine Beatty, Recorded by: Judy Hudson, Deputy City Seal Adm. f r'( , It � t��?' • �