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10-09-00 CCCITY OF OTSEGO WRIGHT COUNTY, MINNESOTA CITY COUNCIL MEETING 6:30 PM COUNCIL CHAMBERS OTSEGO CITY HALL OCTOBER 9, 2000 1. Mayors Fournier will call meeting to order: Mayor Fournier called the City Council Meeting to order at 6:30 PM. a. Roll .all: Mayor Larry Fournier; Councilmembers: Vern Heidner, Virginia Wendel, Suzanne Ackerman, Richard Nichols. 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 Larry Fournier led in the Pledge of Allegiance. 2. Consider agenda approval. Mike Robertson requested to add under Item 9.1.d. Letter from Rivers of Hope. CM Wendel requested to add under Item 9. Discussion of driveway widths and fences in the Lin -Bar Addition. Mayor Fournier requested to move Item 8.1. to 4.1.e., Consider Amendment to the Nuisance Ordinance, and add under Item 9. Update from the Otsego/Albertville sub -committee meeting and also add under Item 9. Update on the Park Shelter, Update on the EDAAC Marketing Meeting, Discussion of Recycling and remove Item 9.5. for lack of information. CM Heidner motioned adoption of the City Council Agenda as amended. Seconded by CM Wendel. All in favor. Motion carried. 3. Consider Minutese a. Sel2tember 25. 2000 - Regular Council Meeting inures CM Wendel motioned to approve the minutes as written. Seconded by CM Ackerman. All in favor. Motion carried. 4. Open Forum: No one appeared on Open Forum. 4.A. Special Pr .. .ntation@ 1. Discussion of Abatement of Nuisances Andrew MacArthur stated the Council will consider an amendment to the City's Nuisance Ordinance and a Resolution establishing a proposed policy. The City has given notice to the property owners giving them the opportunity to appear before the Council to make any statements regarding nuisances on their property. The City has the right to abate nuisances and assessed all costs incurred against the property. Mr. MacArthur went over the proposed amendment and Resolution. City Council Meeting of October 9, 2000, cont'd. Page 2. A. Karen Wilson_ 14738 83rd Street NE Mayor Fournier opened the Public Hearing for Karen Wilson at 6:49 PM. Elaine Beatty stated the proper noticing was done. Jerry Olson, Building Official, stated there has been over 25 actions taken by the City since 1996, not including the phone calls. Jerry has seen very little improvement, if any, on this property. At one time, everything was gone for a month and then everything was moved back. Kent Rasmussen, who lives at 14783 83rd Street, informed the Council that he has arranged for five of the cars to be taken to Princeton. He has a dumpster coming in, he has put new stairs on the landing and white rocks have been put around the tree. Mayor Fournier opened the Hearing for Public Comment. There was none. Jerry Olson stated he has heard all of this previously from Mr. Rasmussen and he reminded him that the vehicles have to be able to run so they can be used and are to be licensed. The dumpster mentioned has been there all the time and Mr. Olson said that it should also be removed. Mayor Fournier closed the Public Hearing at 6:45 PM and asked for Council comment. CM Wendel stated she drove by this property earlier today and although there has been some improvement she feels there is a long way to go. B. John and Cheryl Butler, 9439 Ogren Ave NF Mayor Fournier opened the Public Hearing at 6:50 PM. Elaine Beatty stated the property noticing was done. Jerry Olson reported he has been dealing with this property for over four years. In addition to the junk and blight complaints he has received complaints of cars being sold and bought on this property. Sometimes there are two or three cars being worked on at one time. The motor home had someone living in it. John Butler stated that he agreed with everything Jerry Olson said. He said he has been cleaning up the place and everything seen in the pictures is now gone except for what is behind the garage. He has a dumpster there and feels he is doing the best he can do. Mr. Butler stated he would like to sell this property and move to the country. He said the motor home runs and is not occupied and he will have it licensed and moved up to the fence. Mayor Fournier opened the Public Hearing for Public Comment. There was none. Mayor Fournier closed the Public Hearing at 6:55 PM and asked for Council comment. CM Heidner said in looking at information provided, this property appears in better condition than the others and sees more of a hope for long term improvement than the others. Jerry Olson agreed with him. C. Chad M Lofgren, 14166 62nd Street NE Mayor Fournier opened the Public Hearing for Chad Lofgren at 6:56 PM. Elaine Beatty stated the proper noticing was done. The property owner, Chad M. Lofgren, was not in attendance. City Council Meeting of October 9, 2000, cont'd. Page 3. Jerry Olson stated Chad Lofgren and Timothy Eckgren are neighbors. The Lofgren home burned down two years ago and the property has been turned into a salvage yard with shabby outbuildings. A lot of demolition has been done on this property. Mr.. Lofgren has been in Court various times and many times just moves his junk to the neighbors. Jerry said this property owner has cost the City thousands of dollars with all the time he and the Attorney have spent on this. Mayor Fournier opened the Public Hearing for Public Comment at 7 PM. There was no public comment. Mayor Fournier closed the Public Hearing at 7 PM. D. TimothyF Eckgr .n_ 14126 62nd Street NE Mayor Fournier opened the public Hearing at 7 PM. Elaine Beatty stated the proper noticing was done. Timothy E. Eckgren was not in attendance. Jerry Olson stated this is a miniature salvage yard and is costing the city thousands of dollars trying to get this property owner to clean up his property. Mr. Olson also stated he hand delivered the notices of this meeting to Mr. Lofgren and Mr. Eckgren. Mayor Fournier opened the Public Hearing up for Public Comment at 7:01 PM. There was none. Mayor Fournier closed the Public Hearing at 7:01 PM. 2. Czar; Lefebvre - Discussion of shooting geese in no discharge zone Mike Robertson said this was placed on the agenda at the request of Gary Lefebvre. Mr. Lefebvre and the Council discussed different options other than shooting the geese such as decoys, dogs and gun poppers. Gary would like a one day permit to hunt the geese on the east side of 101 behind the corn stand. The Council encouraged Mr. Lefebvre to use other options other than shooting the geese. 3. Discussion of DNR Hunting Permit - Pheasant Dreams Gabe Davis and Ann Bentz of Packard Avenue appeared before the Council complaining of hunters shooting within 500 feet of their homes. These hunters are hunting on the Lefebvre land used for Pheasant hunting. Both Gabe and Ann feel that the Lefebvre property behind their homes does not meet the DNR requirements of licensing for this type of use. They have talked to the DNR regarding this. The Lefebvres have agreed to take down the hunting signs on this piece of property and both Gabe and Ann feel the problems they have been experiencing have been resolved. They want to know what they should do if someone is trespassing on their property or shooting within 500 feet of their homes. Mayor Fournier said he talked to Sheriff Miller regarding this issue and the Sheriff told him people should take down the license plate numbers, names and also take a picture if possible and call the Sheriff. 5. Consent Agenda (Non -Controversial Items) There were no Consent Agenda Items. City Council Meeting of October 9, 2000, cont'd. Page 4. 6. Dan Licht City pl_�r: 6-1- Consider Pronesed Amendment to the 7oning Ordinan RP B gilding Materials Dan Licht presented his report. CM Nichols motioned to approve Ordinance No. 00- 17, An Ordinance amending Section 20-17-4 of the Zoning Ordinance dealing with building material requirements for all uses within the City, including application of specific materials for commercial and institutional uses. Seconded by CM Heidner. Voting For the Motion: CM Nichols, CM Heidner, CM Ackerman, Mayor Fournier. Voting Against the Motion: CM Wendel. Motion carried four (4) to one (1). CM Wendel motioned to adopt Resolution No. 2000-27, Resolution adopting Notice of Abatement at 14738 83rd St. NE, Otsego, MN for violations of City Ordinance 6- 2-4 O &P and 6-2-5 A. Seconded by CM Heidner. All in favor. Motion carried. CM Wendel motioned to adopt Resolution No. 2000-28, Resolution adopting Notice of Abatement at 8439 Ogren Avenue NE, Otsego MN, for violations of City Ordinance 6-2-4 O & P and 6-2-5-1. Seconded by CM Nichols. All in favor. Motion carried. CM Heidner motioned to adopt Resolution No. 2000 - 29, Resolution adopting Notice of Abatement at 14166 62nd Street NE, Otsego, MN, for violations of City Ordinance 6-2-4 O & P and 6-2-5 A. Seconded by CM Ackerman. All in favor. Motion carried. CM Ackerman motioned to adopt Resolution No. 2000 - 30, Resolution adopting Notice of Abatement at 14126 62nd St. NE, Otsego, MN, for violations of City Ordinance 6-2-4 O & P and 6-2-5 A. Seconded by CM Nichols. All in favor. Motion carried. 6.2. C'onsidPr Final Plat of Sime ateEstates Dan Licht presented the Planner's Report . Larry Koshak stated that in his opinion, there are a number of items that need to be completed before final approval. Two of these items are clarification of ownership and stormwater impact fees for this district. Doc Bowman, Tollefson Development, asked for Final Plat Approval with all items listed as conditions so they could move forward. Also discussed was the 83rd Street connection to Country Ridge. Mr. Koshak said the developer needs to remove the cul-de-sac, bring curb and water and street to the property City Council Meeting of October 9, 2000, cont'd. Page 5. line with no cost to the City. The City will pay for the relocation of the one driveway and the improvement to the driveway going to the pump house. Mayor Fournier motioned to table the consideration of the Final Plat of Stonegate Estates until all documents have been received by the staff and time for them to review. Seconded by CM Ackerman. Voting For the Motion: Mayor Fournier, CM Ackerman. Voting Against the Motion: CM Heidner, CM Nichols, CM Wendel. Motion failed three (3) to two (2). After further Council discussion the following motion was made: CM Nichols motioned to table consideration of the Final Plat of Stonegate Estates for two weeks. Seconded by Mayor Fournier. Voting For the Motion: Mayor Fournier, CM Nichols, CM Ackerman. Voting Against the Motion: CM Heidner, CM Wendel. Motion carried three (3) to two (2). Doc Bowman said it was always his understanding that the City would reimburse them for the 83rd Street issue and if the City doesn't, there is a problem. He would consider taking credit for this in other ways, such as reduction of SAGWAC charges. Mike Robertson said he couldn't ever recall discussing the City reimbursing, and this was always a condition that the developer would pay for this connection. He indicated that he had informed the developer of this condition and does not know why they are maintaining they didn't know about it. He thinks this would a "deal breaker". 6.3_ Consider Final Plat of Ba rly's Industrial Sit /Bayed Dan presented the Planner's Report. Larry Koshak recommended that the Council table this issue for lack of information. CM Heidner motioned to table consideration of Final Plat of Bauerly's Industrial Site due to lack of information. Seconded by CM Nichols. All in favor. Motion carried. There was no other Planning Business. 7. Larry Koshak_ City Engineer 7.1. Consider Partial Payment of 1999 Street OverlayProject Ron Wagner will be meeting with Dan Remer of Bauerly Bros and go over every item and complaint. CM Heidner motioned to approve Partial Payment No. 6 in the amount of $67,235.00. Seconded by CM Wendel. All in favor. Motion carried. 7.2_ Consider A .ce�i g Bids & Awarding Contract for the Ory Avenue Trunk Sanitary Sewer & Storm Sewer Improvement and the 88th Street & Quaday Avenue Sanitary Sewer, Watermain, & Storm Sewer Improvement Larry Koshak and Ron Wagner went over the bids. CM Heidner motioned to award to low bidder S. R. Weidema, Inc. for $564,690.70 contingent upon receiving the permit from MPCA and the acquisition of necessary easements. Seconded by CM Ackerman. All in favor. Motion carried. City Council Meeting of October 9, 2000, cont'd. Page 6. 7.3. Any Other Engin ringb usiness There was no other engineering business. 8. Andrew MacArthur, CityAttorney* 8.1. Consider Amendment to the Nuisance Ordinance CM Heidner motioned to approve amendment of Ordinance No. 00-18, an Ordinance amending Otsego Ord. No. 91-23 defining Nuisances prohibiting their Creation or Maintenance and providing for abatement and penalties for violation thereof. Seconded by CM Nichols. All in favor. Motion carried. CM Heidner motioned to adopt Resolution No. 2000-31, adopting Policy and Procedure for City Code Violations. Seconded by CM Nichols. All in favor. Motion carried. 8.2. Any Other Legal Business 8.3. See 9.5. below 9. Council Items: A. Any Council Bus' ss L Discussion of Sheriffs hours for 2001 The Council agreed to table this decision until next meeting. CM Ackerman stated she has not yet received the information from Dave Chase. 3. Discussion of Dave Eide's Annexation Request Mayor Fournier requested this item be placed on the next City Council Agenda. 4. Otsego/Albertville Sewer Sub -committee, CM Heidner thought that Albertville seems interested in the possibility of providing sewer. Mike Robertson thought this was the most positive meeting held with Albertville being in favor of selling sewer capacity but can't agree on the terms and conditions. The next meeting has been set for November 16 and Otsego will provide Albertville a copy of the Dayton/Otsego Agreement. 5. Letter from Rivers of Hope requesting donations. The Council agreed that it is the City's Policy not to donate money. 6. ED A . Marketing Meeting of October 4, 2000. Mike Robertson reviewed the meeting, which he feels was well attended and a good meeting for property owners and developers. Mike said the Park Shelter should be completed in a couple of weeks. 9.1. Mike Robertson_ City Administrator - update: A. Consideration of Tree Installation Bids CM Heidner motioned to approve the City Administrator's recommendation of providing pine trees at the Water Tower Site and replacing trees in the Otsego City Council Meeting of October 9, 2000, cont'd. Page 7. Prairie Park with funds coming from the Park Dedication Fees. Seconded by CM Ackerman. All in favor. Motion carried. Mike said he received a letter from Bonestroo updating him on the Sewer Plant and that they will be exceeding the estimated budget by $10,000 due to the delay in the original construction schedule. The Council directed Mike to inform the City of Dayton. 9.2_ Elaine Beatty, City Clerk - update No items. 9.3. Judy Hudson, Deputy Clerk - update A. Consideration of al)o'n 'ng an additional Election Judge for the General Election, CM Heidner motioned to approve the Addendum to Resolution No. 2000-15 appointing an Election Judge for 2000. Seconded by CM Ackerman. All in favor. Motion carried. B. Recycling billing showing_ up on hauler invoice. Mayor Fournier and staff have received complaints from some residents stating a recycling charge is showing up on their garbage bill. Mayor Fournier directed Mike Robertson, Andrew MacArthur and Judy Hudson to review this. 9.4. Consider Claims List for approval. CM Heidner motioned adoption of the Claims List as presented. Seconded by CM Ackerman. All in favor. Motion carried. 9.5. Closed Meeting for Attorney Client Privilege (Attorney Andrew MacArthur) This item was removed from the agenda. 9_6_ Adjourn by 10 by CM Ackerman motioned to adjourn. Seconded by CM Wendel. All in favor. Motion carried. Meeting adjqurned at 9:44 PM. Larry Attest: Elaine Beatty, City Clerk/Zoning Administrator Recorded by: Judy Hudson, Deputy Clerk City Seal