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10-23-00 CCCITY OF OTSEGO WRIGHT COUNTY, MINNESOTA CITY COUNCIL MEETING 6:30 PM COUNCIL CHAMBERS OTSEGO CITY HALL OCTOBER 23, 2000 1. Mayor Larry Fournier will call meeting to order: Mayor Fournier called the City Council Meeting to order at 6:30 PM. a. Roll Call: Mayor Larry Fournier; Councilmembers: Virginia Wendel, Vern Heidner, Suzanne Ackerman, Richard Nichols. Staff. Michael 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, Ron Wagner, Assistant City Engineer Mayor Fournier led in the Pledge of Allegiance. 2. Consider agenda approval. CM Heidner requested to move Item 5.1. to Item 9. CM Wendel requested to add under Item 9. Community Rec. Update. Mayor Fournier requested to add under Item 9.3. Update on garbage billing regarding recycling, add under Item 7.6. Odean Avenue street signs and street lights, and move Item 9.1.D. to Item 6.3. CM Wendel motioned to approve the City Council Agenda as amended. Seconded by Mayor Fournier. All in favor. Motion carried. 3. Consider Minutes: a. October 9, 2000 - Regular Council Meeting Minutes CM Heidner requested that additional comments by Doc Bowman (such as reduction of SAC/WAC charges) and Mike Robertson (Mike thinks this would be a "deal breaker") be added to the minutes on Page 5 under Item 5, the last two paragraphs. CM Wendel motioned to approve the minutes as amended. Seconded by CM Ackerman. All in favor. Motion carried. 4. Open Forum: Pat Moseng, 14353 81st St. NE. Mrs. Moseng said that since the overlay project, they haven't been able to mow their ditch and would like this corrected. Ron Wagner replied the contractor has been told to repair this ditch this fall. 5. CONSENT AGENDA (Non -Controversial Items 5.1. Approve Fire Service Amounts for the Followin,g& Albertville Fire Service Elk River Fire Service Monticello Fre Service Rogers Fire Service Item 5.1. was removed from the Consent Agenda to under Item 9. for discussion. City Council Meeting of October 23, 2000, cont'd. Page 2. 5.2. Approve extension of the Effective Tate to december 1. 2000 for Operation and Maintenance Agreement betwen City of Otsego and People Service, Inc. (,See attached letter for Mavo, rs Signa = CM Heidner motioned to approve the amended Consent Agenda. Seconded by CM Ackerman. All in favor. Motion carried. 6. Dan Licht, CityPlanner- 6.1. Consider Final Plat of Stonegate Estates Mr. MacArthur went over his letter of October 23, 2000 addressed to the City Council regarding the correspondence received from Attorney Sean Kelly relative to the construction of the extension of 83rd Street in Stonegate Estates. Also attached and reviewed was Mr. MacArthur's letter dated October 16, 2000 to Sean Kelly and Mr. Kelly's letter to Michael Robertson dated October 13, 2000. Mr. MacArthur advised the Council they could approve Stonegate Estates Final Plat with clarification that construction of 83rd Street was always intended as a condition of approval. Both Dan Licht and Larry Koshak stated the developer has met all other conditions. John Anderson, representing Tollefson Development, stated that from the beginning of this project, they agreed to constructing the road but that it was his understanding they would receive a credit or reimbursement from the City. He also stated that this was never an exact condition and should have been since the cost is $17,000. Mr. Anderson then went on to propose that the Park and Trail Fees be paid on a per lot basis beginning with the next phase rather than having a prorated per lot fee throughout all phases of development.. Dan Licht stated that what the developer is proposing would be different from how other developers pay and he recommends to continue with what has been done in the past in having the fees paid up front. Mike Robertson, Andrew MacArthur and Larry Koshak agreed. Mayor Fournier asked if there will be a fence around the storm water retention pond. Mr. Koshak replied the slopes are standard slopes and do not need a fence. Attorney Sean Kelly representing Tollefson, addressed the Council and asked then to consider the developer's compromise proposal of the City crediting them for 50% of the cost of the road construction. Mayor Fournier indicated that in response to complaints from developers the City had streamlined its development approval process to accommodate Developers. Based on the discussion of this plat over the last few weeks he feels the City may have gone too far and should consider tightening up the process so more information is available when the issue comes to the Council. CM Nichols motioned to approve the Final Plat for Stonegate Estates based upon the Staff Report of October 5, 2000, including the seven conditions listed with additional condition stated by the City Attorney, that it has been understood though out the process that the Developer is responsible for all costs of the 83rd Street connection and the City Attorney is directed to include language to that effect in the required Developer's Agreement, and that Park and Trail Fees be collected City Council Meeting of October 23, 2000, cont'd. Page 3. consistent with the City Planner's recommendation. Seconded by CM Heidner. All in favor. Motion carried. 6.2. Consider Final Plat of Bauerly's Industrial Site/Ba�i ri Land Dan Licht presented the Planner's Report. Larry Koshak said the plat is ready for approval assuming they meet the conditions of the City Engineer's Letter of Review. Lynn Caswell of John Oliver and Associates, representing Rhea Company, was in attendance. The Council asked if the developer would change the name of the development to include the word "Otsego". CM Wendel motioned to approve the Final Plat of the Otsego I-94 Industrial Park, subject to the six (6) conditions listed in the October 18, 2000 Planner's Report including Condition No. seven (7) subject to the City Engineer reviewing construction plans, add Otsego to the Plat Name and for this plat to be reviewed by the Otsego Creek Board if necessary. Seconded by Mayor Fournier. All in favor. Motion carried. 6.3. Any Other Planning Business 9.1.D. Discussion of driveway width requirements. Mike Robertson said this issue was discussed extensively about one year ago, but has come up again because of complaints. The Council agreed to send this issue back to the Planning Commission to review driveway width requirements in relation to lot widths and culvert requirements. 8.2. Discussion of City Relationship to Private Development Covenants, Mr. MacArthur went over his letter of October 17, 2000 regarding restrictive covenants. His recommendation was the City does not become involved in private restrictive covenants, except to review, to make certain they are not more lenient than City Ordinances. 7. Larry Koshak. CityEngineer. 7.1. Addition of The Pointe Plat and North Pine Aggregate (Emmmeerich� Prosy to Lefebvre Watershed Storm Water Impact Fee District - by Resolution and as shown on Exhibit E Attached. 7.2. Addition of Stonegate. Country Ridge and the SW 1/4 of NE 1/4 of Sec. 22. Twp 188, R_23 Prosy to Lefebvre Watershed Storm Water Impact Fee District by Resolution ad as shown on Exhibit E Attached, 7.3. Consider Approval of Addendum #1 to Trunk Storm Water Facilities Study For Portions of Lefebvre Watershed - March 1999 by Resolution. Mayor Fournier motioned to adopt Resolution No. 2000-33 Recalculating Storm Water Impact Fee with the Established Lefebvre Storm Water Improvement District. Seconded by CM Heidner. All in favor. Motion carried. November 27, 2000 was set for the Public Hearing. City Council Meeting of October 23, 2000, cont'd. Page 4. 7.4. Consider Approval of Partial .Payment to EnComm Midwest for Construction of the Pumphouse #1 in the amount of $8,393.18. The retainage is at 1 %n of the total, or ,937.05. CM Heidner motioned to approval Payment No. 12 for $8,393.18. Seconded by CM Nichols. All in favor. Motion carried. 7.5. Consider approval of Change Order No. 1 to COP 00-03, 88th Street Sanita- Sewer, Waterman and Storm Sewer, Th , Change Order to SR Weidema is for $2.979.00 for larger size storm sewer manholes. Ron Wagner reviewed the Change Order. Mayor Fournier motioned to approve Change Order No. 1 to COP 00-03 for $2,979.00. Seconded by CM Nichols. All in favor. Motion carried. 7.6. Any Other Engineering business Street lights and street signs Mayor Fournier wanted to know the status of the Street Signs and Street Lights along Odean Avenue. Ron Wagner reported they have been ordered and posts will be put in before frost. Street Lights on Odean Avenue are currently at the intersections with CSAH 37, CSAH 39, 85th Street and 71st Street. Mike Robertson said it is the City's Policy for residents to submit requests to the City Council for additional street lights. CM Heidner motioned to adopt Resolution No. 2000-32, accepting bid for the improvement of Sanitary Sewer and Storm Sewer on Quaday Avenue from 72nd Street to 78th Street, COP #00-02, and Resolution No. 2000-34, accepting bid for the improvement of Sanitary Sewer, Watermain and Storm Sewer on 88th Street from CSAH 42 to Quaday Avenue, COP#00-03. Seconded by CM Ackerman. All in favor. Motion carried. Mr. Robertson said the Council authorized a two hour increase per day for Year 2001 hours. Sheriff Miller suggested an alternative would be to start July 1 at four hours per day. The Council agreed they would like to see the additional two hours start January 1, 2001 for a total of 14 hours per day for the entire year. E. Discussion of Purchase of Public Works Equipment CM Ackerman hasn't yet received the information from Dave Chase. C. Discussion of Dave .id .'s Annexation Reques Mike went over Mr. Eide's letter and would like Council direction. The Council agreed the official annexation agreement with Albertville needs to be looked at before any response can be given. D. Discussion of City Hall Rental - CM Wendel CM Wendel said she keeps getting inquiries about renting the hall. Deputy Clerk Hudson noted that one building supervisor has retired and the other will at the end of next year. Robertson said the report from Gary Groen will be available in November. City Council Meeting of October 23, 2000, contd. Page 5. F.. Any Other Council Business 5.1. Approve Fire Service Amounts for the Following• Albertville Fire Service. Elk River Fire Service Monticello Fire Service Rogers Fire Service Mayor Fournier motioned to accept CM Heidner's recommendation of setting up separate funds for each fire service and for Council to review, and to approve the fire service amounts of $53.00 per parcel for Albertville, $40 per parcel for Elk River, $40 per parcel for Monticello and $50 per parcel for Rogers. Seconded by CM Wendel. All in favor. Motion carried. 9.1. Mike Robertson, City Administrator - u da ei A. Discussion of Study of Wastewater Treatment Options in SW Otsego Mayor Fournier motioned to accept Bonestroo's proposal for a study of Wastewater Treatment Options in SW Otsego but to include land north of I-94, eliminating some sections of land in Section 34. Seconded by CM Wendel. All in favor. Motion carried. B. Consider Acceptance of Elaine Beattys Resignation/Retirement Mayor Fournier thanked Elaine for all her support from the Town Board days, through incorporation, building City Hall and the Water and Sewer project and said she has been an outstanding employee. Mayor Fournier motioned to accept Elaine Beatty's resignation/retirement effective January 8, 2001. Seconded by CM Ackerman. All in favor. Motion carried. C. Consider Recommendation for City Staff Restructuring CM Ackerman motioned to accept Mike Robertson's City Staff Restructuring Recommendation effective January 8, 2001. Seconded by CM Heidner. All in favor. Motion carried. D. Discussion of Driveway Width Requirements Previously discussed. F._ Any Other Administrative Business CM Heidner requested staff to start licensing the septic pumpers. Mayor Fournier set an Administrative Sub -committee Meeting for November 30, 2000, at 4 PM. CM Heidner said he can't make the November 16 Otsego/Albertville Sewer Sub- committee Meeting. CM Wendel is the alternate and will attend. Mike Robertson said he has received a phone call from NSP Gas and they said they won't be ready for the November 14, 2000 meeting asked for a postponement. 9.2. Elaine Beatty. City Clerk - update Elaine thanked everyone for their support and has enjoyed working for Otsego. 9.39.3 Jud Hudson, Deputy Clerk - update Judy announced Elaine's Retirement Party has been set for December 21, 2000 from 1:30 to 5 PM. 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. City Council Meeting of October 23, 2000, contd. Page 6. 9.5. Closed Meeting for Attorney Client Privilege (Attorney Andrew Mac Arthnrl n A Closed Meeting was not held. Mr. MacArthur stated the three parties agreed upon an amount for the easements. CM Nichols motioned to approve paying $45,825 for the three easements. Seconded by CM Wendel. All in favor. Motion carried. Pulte Homes will reimburse the City for this amount. 9.6. Adjourn by 10 PM_ CM Heidner said he and Mike Robertson met with a representative from a company that is proposing a wireless system placed on the water tower for a high speed internet service. It is a system that doesn't need an extra phone line. This would require a Conditional Use Permit. CM Heidner motioned to adjourn. Seconded by CM Nichols. All in favor. Motion carried. Meeting adjourned at 10 PM. �ayo r ournier A test: Elaine Beatty, City le ring Adm. Recorded by: Judy Hudson, Deputy Clerk City Seal