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08-11-97 CCCITY OF OTSEGO WRIGHT COUNTY, MINNESOTA CITY COUNCIL MEETING 6:30 PM COUNCIL CHAMBERS OTSEGO CITY HALL AUGUST 11, 1997 1. Mayor will call meeting to order_ Mayor Larry Fournier called the August 11, 1997 City Council Meeting to order at 6:30 PM. a. Pledge of Allegiance Mayor Fournier led in the Pledge of Allegiance. b. Roll Call Mayor Larry Fournier; Councilmembers: Suzanne Ackerman, Mark Berning, Vern Heidner, Virginia Wendel. Staff: Andrew MacArthur, City Attorney; Bob Kirmis, Assistant City Planner; Kevin Kielb, City Engineer; Elaine Beatty, City Clerk/Zoning Administrator; Judy Hudson, Deputy Clerk; Jerry Olson, Building Official; John Harwood, Engineer from Hakanson, Anderson, Inc. 2. Consider Agenda1? rn oval" CM Wendel requested an addition under Item 9.6: Discussion of the NAC Memo to the EDAAC dated July 29, 1997. CM Berning requested additions of: Discussion of intersection/ROW at 80th Street and CSAH 19; Discussion of the outfields of the ball field regarding the grass. Mayor Fournier requested additions of. Under Item 8.2.1. Set a Public Works Sub- committee meeting date and an Administrative Sub -committee date. Under Item 9.1. Update on brush pickup. CM Heidner motioned to adopt the August 11, 1997 City Council Agenda as amended. Seconded by CM Ackerman. All in favor. Motion carried. 3. Consider Minutes- a. inu.s-a. Council Emergency Meeting of 7-7-97. CM Berning requested a change on page 2. For the word replacement added after his first comment in the middle page. CM Berning motioned to accept the minutes of July 7, 1997 as amended. Seconded by CM Heidner. All in favor. Motion carried. b. Council Sewer and Water Workshop of 7 -10 -97 - CM Heidner noted on page 1, he was quoted although he was not in attendance. CM Berning noted it should reflect his name. CM Berning also corrected on page 4, the statement referring that he feels this will be a 12 to 14 million dollar plant and should read he feels it will be a 12 to 14 million dollar project. Otsego City Council Meeting of August 11, 1997, cont'd. Page 2. CM Berning motioned to accept the July 10, 1997 minutes as corrected. Seconded by CM Wendel. Voting for the Motion: Mayor Fournier, CM Berning, CM Ackerman, CM Wendel. Abstained: CM Heidner (since he was not in attendance) Motion carried. C_ Council Workshop with Da-rkenwalds 7-15-97 CM Heidner motioned to adopt the July 15, 1997 minutes. Seconded by CM Berning. Voting For the Motion: Mayor Fournier, CM Wendel, CM Heidner, CM Berning Abstained: CM Ackerman (since she was not in attendance) Motion carried. d. Emergency Council Meeting of 7-22-97. CM Heidner motioned to adopt the minutes of July 22, 1997. Seconded by CM Berning. All in favor. Motion carried. e. Regular Council Meeting, of 7-28-97. Mayor Fournier clarified that the sewer site sub -committee was not selected just discussed on page 5. Mayor Fournier motioned to adopt the July 28, 1997 minutes as amended. Seconded by CM Ackerman. All in favor. Motion carried. 4. 012 n Forum: 4.1. Special presentation by Rod McGillivray., Superior FCR Landfill - Discuss the information he previously mailed to you in Tune of 1997 (,see attached letter), Mr. McGillivray stated Wright County currently has a moratorium on Conditional Use Permits on agricultural zoned land regarding landfills. His purpose for his attendance at this meeting is to ask the Council to consider signing a Resolution in support of retaining landfills as an appropriate conditional use for agricultural land. He would like the Council's consideration prior to November. Superior has recently purchased Yonak Landfill outside of Maple Lake. Mr. McGillivray distributed the attached material and briefly reviewed it with the council. Mayor Fournier requested this item placed on the next City Council Agenda. 4.2. Special presentation by Leo Offerman, Wright Hennepin r :dp ated information on Lighting Improvement & Cost Savings Proposal for Otsego City Hall, Leo Offerman went over his Lighting Improvement and Cost Savings proposal (attached). Mr. Offerman went over the proposal with the Council. 4.3. Karen Wilson, Violation of Nuisance Ordinance #91-23,6-2-4. Abatement of Nuisance regarding the Wilson property on 14738 83rd St. Andrew MacArthur, City Attorney, explained the purpose of this meeting to meet the Ordinance requirement for Karen Wilson to be provided the opportunity to address the allegations against her. The City can contract for someone to go on Karen Wilson's property and remove the nuisance violations. The cost Otsego City Council Meeting of August 11, 1997, cont'd. Page 3. of batement will be Ms. Wilson's responsibility. If it is not paid, the costs can be assessed against the property. Jerry Olson, Building Official, stated he drove past this property on this date and there was no improvement. Kent Rasmussen, friend of Karen Wilson's. Stated he removed the trash, the cut up van, and four of the vehicles are his. He put up a privacy fence last year and three sections were destroyed from the July 1 storm. Karen's husband passed away two years ago and Karen and her kids are trying to deal with the grief. He asked for a variance to keep his vehicles there. Feels the community is up and growing and should work together. He isn't running a business but just trying to survive a hard time right now. He stated a couple of vehicles they are not using but have plates on them. The ones that stay outside are licensed and operable except for one. Currently he cannot drive since his Driver's License has been revoked. Mr. Rasmussen requested the Council to postpone until the next meeting and he will try to get financing for a garage. Karen Wilson stated she is a single parent trying to do her best, which her neighborhoods don't understand. She is trying to reorganize and make a better life for her kids. Jerry Olson stated he has seen no significant progress in the last two years. Some things have left but more comes in. Mr. MacArthur recommended giving Karen Wilson two weeks to clean up, if not to go ahead with the abatement. 4.4_ Any Chien Forum issues. Robert Rogers, lives two doors from Karen Wilson. Complained about the 11 vehicles on the Wilson property and how his house has devalued and his taxes are too high by living next to a junk yard. Rose Kohler, neighbor to Karen Wilson. She stated she has lived there for 18 years, has been a single parent, raised three children and kept her place up. She is embarrassed by the condition the Wilson property is in. Dan Kohler, neighbor to Karen Wilson. He can't understand how the vehicles can be licensed when proof of insurance is required and not drive them. Roland Hedtke, neighbor to Karen Wilson. He is a single parent. He had storm damage and is doing the repairs to make his place valuable. His guests think the Wilson's vehicles are his which is upsetting and feels the value of his place will be lowered. He complained about all the burning Karen and Kent are doing which has a stench. He wants to see this place cleaned up. Dennis Sieben, lives across the street from Karen Wilson. He stated he used to live behind the Wilson's when Karen's husband was living and the place was a mess. He was concern with all the vehicles sitting there they could be leaking, antifreeze and battery acid which could go into the ground water. He also complained Karen's dogs are continuing barking. He has called the police on this, but they are still barking. Otsego City Council Meeting of August 11, 1997, contd. Page 4. Lee Lueke, 8446 Oakwood Avenue. He stated his concerns with the construction of Heritage Hills. He feels this is creating drainage problems. The construction crew gave him a box of grass seed and explained when the lots get sod, he won't have these problems. He is concern with what is happening now and here to see if his damage will be resolved. Kevin Kielb, City Engineer, explained the current status of the Heritage Hills Construction and the regional pond to be constructed. His inspectors have visited this site. He feels once the pond is constructed the problem will be corrected. Mr. Lueke also noted there is a down line on the city's property that is next door to him. Frank Moehler, neighbor to Mr. Lueke. He also stated he is having the same problem as Mr. Lueke. Mayor Fournier requested for the City Engineer to review these properties and for Judy Hudson to look into the downed line. Wallace Odell, 26 Cannon Lane. He had concerns related to communications. He requested the Council to reconsider their decision and to set another workshop date with the Darkenwalds to look at a public/private partnership. Mr. Odell also expressed his disappointment of not allowing public comments at the last Council Workshop regarding water and sewer. Mr. Odell expressed concern with the financing report regarding sewer and water from Juran and Moody (capitalized interest and public financing not including certain items). Mayor Fournier requested to add to the next City Council Agenda for the Council to reconsider a workshop with the Darkenwalds. 5_ Consent Agenda_ None for this Agenda. Mr. Kirmis presented the Planner's Report (attached).. CM Heidner motioned to adopt the proposed amendment to Ordinance Section 20- 19 with the three exceptions as recommended by the Planning Commission. Seconded by CM Wendel. All in favor. Motion carried. 62_ Discussion of Council Workshop on Sewer and Water of 8 -19 -97 - Mr. Kirmis went over the draft agenda for this workshop which was prepared by David Licht. Mr. Kirmis also suggested having a Land Availability Map for landowners who are interesting in selling. Mayor Fournier requested that Juran and Moody be represented. Kevin Kielb said a decision regarding what entity is going to own and operate the facility needs to be done by the end of August. Otsego City Council Meeting of August 11, 1997, contd. Page 5. 63. Any other Planning Business. 6.3.1. Discussion of the NC Memo to the EDAAC dated July 29, 1997. CM Berning reviewed the EDAAC requested redevelopment options available for areas occupied by manufactured homes and the City Council gave them authorization. Dan Wilson, NAC, wrote a memo giving the options and the EDAAC did not act upon any of them. Z. None Kevin Kielb went over his report the ISTEA 96 Resolution and Agreement. He noted that per the State this project doesn't have the priority and might not be constructed this year. CM Heidner motioned to authorize the Mayor and City Clerk to sign the Resolution and Agreement. Seconded by CM Wendel. All in favor. Motion carried. 8.2_ Public Works Update" 8.2.1 Set Public Works Sub -committee meeting_ Mayor Fournier set August 20 at 4:30 PM. Kevin Kielb requested to be added to this agenda: Maintenance Agreement with Albertville. He also said Dave Chase and himself will be meeting with Buffalo Bituminous regarding the shouldering project in Mississippi Shores. Janelle T. from Kevin's office formerly worked with the State with the Revolving Fund. Janelle contacted the State and they told her there is 46 million dollars of which 10 million hasn't been applied for. This fund is set up for infrastructure repair. If the State doesn't received any applications for the 10 million, than there is a possibility Otsego could get it. The application deadline is September 8, 1997. Kevin estimated his cost for this application at $350. CM Berning would like to have this on the next City Council Agenda since there hasn't been enough time to review for a decision at this meeting. He also questioned the 4% interest rate for water and he is wondering where Juran and Moody is basing this on. Mayor Fournier requested this placed on the next City Council Agenda. CM Wendel questioned the warranty period on the magnesium chloride applied to the gravel roads. Mr. Kielb will check into this. Judy Hudson noted that Buffalo Bituminous has been using Jalger Avenue as a haul road and that the street has broken up. Kevin said Dave Chase is aware of this and is checking it out. 8-2-2- Set Administrative Subcommittee date. Mayor Fournier set August 21, 1997 at 4 PM. U. Any other gineering Business. None Otsego City Council Meeting of August 11, 1997, cont'd. Page 6. 9_ Council Items- 9-1- tems:9.1_ Discussion of Water and Sewer_ a_ Choose site selection for Sewage Treatment Plant_ John Harwood review three possible sites. Mayor Fournier motioned to select Site B (part of parcel 118-801-012401) for the Sewage Treatment Plant and for Mayor Fournier to contact the landowner to let him know the City is looking at this. Seconded by CM Heidner. Voting For the Motion: Mayor Fournier, CM Ackerman, CM Heidner, CM Wendel. Voting Against the Motion: CM Berning Motion carried four (4) to one (1). b_ Any other Sewer and Water Business_ CM Berning questioned if it the City's objective to provide sewer and water is the same since the beginning of this study such as public health problem that potentially exist and creating an industrial tax base. He expressed concerns that this project is to promote development. Mayor Fournier stated the purpose has not changed - health issues and tax base, but there needs to be some residential development to help pay for this system. CM Heidner said he has been working on this for two years. Ten or 15 years from now there could be septic systems failing and no alternative sites for replacement which wouldn't allow residents to live on their property. He stressed that planing must be done now for the City to be ready to deal with these types of issues in the future. He feels the main objective is to increase the tax base and to take care of problems that come along. CM Berning would like to see costs of a hand or mechanical rake for the Public Information Meeting. He has concerns with statements that no existing residential will pay for the plant since everyone will back this through general obligation bonding. 9.2_ Consider information for city 12ole building repair/tear down decision. CM Wendel motioned to repair the building for $2,072 plus any additional repair to make it look good. Seconded by CM Ackerman. CM Heidner motioned to amend the motion to repair up to $4,000. Seconded by CM Wendel. Voting For the amended motion: Mayor Fournier, CM Ackerman, CM Wendel, CM Heidner. Voting Against the amended motion: CM Berning Motion carried four (4) to one (1) Voting For the motion: Mayor Fournier, CM Ackerman, CM Wendel, CM Heidner. Voting Against the motion: CM Berning Motion carried four (4) to one (1). Otsego City Council Meeting of August 11, 1997, cont'd. Page 7. 9.3_ Consider 43_ Karen Wilson decision to go forward with abatement Mr. MacArthur recommendation was to give Karen Wilson 10 days to two weeks to remove the nuisance or else proceed abatement. CM Heidner motioned to proceed with abatement action needed to deal with this property at 14738 83rd Street NE if not brought up to City Ordinance by August 25, 1997 and City proceed to get a contracted person to deal with the complaints listed in the attached list and any other action to effectuate abatement. Seconded by CM Ackerman. All in favor. Motion carried. 9.4. Consider 42_ Lighting Improvement for city Hall from Wright Hennegjn. CM Berning motioned to table this decision until the next City Council Meeting. Seconded by CM Heidner. Voting For the motion: CM Ackerman, CM Heidner, CM Berning, CM Wendel Voting Against the motion: Mayor Fournier Motion carried four (4) to one (1). 9S. Discussion of Otsego Cemetery (see attached information). CM Wendel motioned to have a representative from the Cemetery Association attend the next City Council Meeting. Seconded by Mayor Fournier. All in favor. Motion carried. 9.6. Any other Council Business - 9.6. 1. usin ss_9.6.1. Update on brushic1u p - Mayor Fournier talked to David Chase, Public Works, who has contacted Morell. Morel] will be picking up brush on the 14th and 15th of August. 9.6.2. ROW at CSAH 19 and 80th Street CM Berning motioned to contact the County requesting them to clear the debris in the ROW of CSAH 19 and 80th Street. Seconded by CM Ackerman. All in favor. Motion carried. 9.6.3. Ball field grass. CM Berning was concern with the commitment of the ISTEA Grant in regards to the grass around the ball fields. The grass is still not growing in this area. The Council discussed because of the soil grass won't grow without a sprinkler system. Consensus was that the City should keep mowing for a couple of years and see what happens and not spend money on grass seed or fertilizer. 9.7. City Clerk's da e. Elaine Beatty updated the Council on the following: Elaine talked to Pete Skivra - Revolving Loan Fund. He put 6 million dollars down as amount we need for sewer project. Legislature needs to know our project amount for funding allocations. Regarding TV cameras at meeting: LMC said the City has to allow them but they can't disrupt meeting. The city can tell them where they can be located at meetings. Otsego City Council Meeting of August 11, 1997, cont'd Page 8. Received $328 from Christ Lutheran Church for disaster relief. Elaine also reported there will be a meeting on August 25 with DTED and the State regarding the Revolving Loan Funding. Mayor Fournier and City Staff will attend. 9.8_ Consider Claims List forapproval- Vern rgp oval" Vern motioned to adopt Claims List as presented. Seconded by CM Berning. All in favor. Motion carried. 9.9. Adjourn by 10 PM. CM Heidner motioned to adjourn. Seconded by CM Ackerman. All in favor. Motion carried. Meeting adjourned at :12 M. 4 Mayor Lar,00urider Attest: Elaine Beatty, City Clerk/Zoni� Adm. Re r ed b . Judy Hudson, Deputy Clerk City Seal