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10-13-97 CCCITY OF OTSEGO WRIGHT COUNTY, MINNESOTA CITY COUNCIL MEETING 6:30 PM COUNCIL CHAMBERS OTSEGO CITY HALL OCTOBER 13, 1997 1. Mayor Fournier will call meeting to order: Mayor Larry Fournier called the October 13, 1997 City Council Meeting to order at 6:30 PM. I Pledge of Allegiance_ Mayor Fournier led in the Pledge of Allegiance. b. Roll Call_ Mayor Larry Fournier; Councilmembers: Virginia Wendel, Vern Heidner, Mark Berning, Suzanne Ackerman Staff; Andrew MacArthur, City Attorney; Bob Kirmis, Assistant City Planner; Kevin Kielb, City Engineer; Elaine Beatty, City Clerk/Zoning Administrator; Judy Hudson, Deputy Clerk; Carol Olson, Secretary; Jerry Olson, Building Official. 2. Consider Agendarnn oval" Mayor Fournier requested the deletion of Item 8.4.a. and move the City Attorney Items to directly follow Open Forum. CM Heidner motioned for adoption of the October 13, 1997 City Council Agenda as amended. Seconded by CM Ackerman. All in favor. Motion carried. 3. Consider Minutes: a. Regular Council Meeting of Seltember 25, 1997 CM Ackerman requested a correction in the motion on Page 2 - CM Ackerman seconded rather than CM Wendel. CM Berning requested correction on Page 6, Item 9.1. - CM Beming reported Community Rec. may be looking at a higher non-resident fee increase and also may look at a higher limitation of participation for non-residents for high demand programs. CM Berning motioned adoption of the September 25, 1997 City Council Minutes as amended. Seconded by CM Ackerman. All in favor. Motion carried. 4. Open Forum: 4.1. Special Presentations: a. Gary CBaggenstoss, LUTCF, FIC, a Representative of A_L.L_ to sMak with Council re• Funds available to help our Community. Gary Baggenstoss, Representative of Aid Association for Lutherans. Handed out a brochure outlining their Fraternal Benefits that are available to the community through the Local Branch for anyone needing assistance. The contact person is Darlene Solberg. Otsego City Council Meeting of October 13, 1997, cont'd. Page 2. h_ Bill Christian, Christian Builders, 2100 Rogers Drive, Rogers Discussion with Council and clarification of wording in Developers Agreement Pg. 8. Paragraph 20 - Landscaping. Mr. Christian attended the meeting in reference to LinBar Estates II landscaping requirements, specifically the tree requirement. Some lots currently have trees and he needs clarification of paragraph 20. They can't find a landscaper who will guarantee trees of a 4 inch caliper. Andrew MacArthur explained the PUD Zoning and justification for this requirement was to apply higher performance standards which included the five trees with four inch caliper. Mr. MacArthur's interpretation of any existing trees would be considered existing trees at the time the developer's contract was signed. He also has talked to the developer and the attorney of Lin -Bar H on this issue. Mr. MacArthur had suggested to them that evidence and documentation from the nursery be brought to the City but it never was. He also explained the process for an amendment to the Developer's Contract, which has to be requested by the developers. Mr. Christian wants a Certificate of Occupancy on the Model and just needed clarification of the tree requirements. Mr. MacArthur stated the Developers Contract was signed May 20, 1997 and the burden of proof of when the present trees were planted and their size should be up to the developers. Jeff Bartheld, Chair of Parks and Rec. He stated that Pat Birch of Livonia Township will be attending their meeting October 14th, 1997 and extended an invitation to the Council to attend. In regards to Item 9.2. (tractor storage). The Park and Rec Commission will have a lease agreement for Council consideration. Jerry Olson, Building Official. Requested clarification on the Lin -Bar Estates landscaping escrow. If he receives the $1,000 escrow can he issue them a Certificate of Occupancy. Mr. MacArthur replied yes he could. If the landscaping is not done according to the Developer's Agreement, there are other resources that can be used to get it done. The Developer Agreement runs with the land. George Yankoupe, Engineer and partner of the Darkenwald Family Partnership. He encourage the Council to check with the City of Cambridge to find out who their Engineering Firm is, the number of sewer hookups they projected for residential and commercial and if Cambridge, in hind sight, would have gone smaller for their sewer plant expansion and if they would have required everyone to hook up and the percent of margin of error. Mr. Yankoupe encouraged the Council to get the facts for the sewer project. Wally Odell, 26 Cannon Drive Mr. Odell distributed a handout with quotes from A. Lincoln and Alexis de Tocqueville. Mr. Odell also quoted from the October 8 and 10, 1997 Minneapolis Star and tribune articles written about the City of Cambridge and also from the St. Paul Pioneer Press of Otsego City Council Meeting of October 13, 1997, cont'd. Page 3. October 9, 1997. He feels the problems Cambridge is facing should be signals Otsego should pay attention to. Mr. Odell also expressed concern with the inconsistencies of the three reports prepared by Juran and Moody. He encouraged the Council to take their time with Otsego's Sewer and Water Project, find the answers and do it right. He suggested that the Council not approve the Plans and Specs at this meeting. Mr. Odell also questioned the inconsistency of the layout of the trunk lines and if the City has received MnDOT's approval for locating lines by 101. 5_ Consent Agenda There were no items. 6_ Bob Kirmis, Assistant City Planner - 6.1. C lanner:6 1 o sider the following for Robert A and Rachel A Cullinan, 7005 Odean Avenue NE, Otsego Minnesota PID118-500-283401 described as PT of SE 1.4 of SW /4 of 528, T121, R23, etc Request is as followso a Conditional Use Permit to allow 1 Detached accessory buildingin exp cess of 1,500 square feet. (Noted: Should be 2,000 square feet) Mr. Kirmis presented the Planner's Report. CM Berning motioned to adopt the Conditional Use Permit for Robert A. and Rachel A. Cullinan to allow the total accessory storage space associated with a detached single family residential to exceed 2,000 square feet subject to the six conditions listed in the Findings of Fact. Seconded by CM Wendel. All in favor. Motion carried. 6.2_ Any o h .rlan nning business - Mr. usin .ss.Mr. Kirmis reported to the Council that he and Elaine Beatty met with the three former applicants who went through the Conditional Use Permit Process. They are objecting to the fees associated with the process. A summary will be put together and given to the Council. CM Heidner noted he has been approached regarding a Peddler's Ordinance. Mayor Fournier requested Elaine to also include in her summary different options in regards to billing. He requested discussion of a Peddler's Ordinance be placed on the next City Council Agenda. 7 Andrew MacArthur, City Attorney: 7.1. Consider adoption of Ordinance - re: City Ethics Mr. MacArthur presented the Ordinance. CM Wendel motioned to adopt the Ordinance for City Ethics. Seconded by CM Berning. All in favor. Motion carried. Otsego City Council Meeting of October 13, 1997, cont'd. Page 4. 7.2_ Consider hiring an Interim City Administrator, Mr. MacArthur review his October 13, 1997 letter (attached) regarding the Interim City Administrator Contract. CM Heidner motioned for city to contact Mike Robertson for the Interim City Administrator position, contingent upon negotiation of a mutually acceptable hourly rate. Seconded by CM Wendel. All in favor. Motion carried. CM Heidner motioned to authorize the Interim City Administrator sub -committee to offer a contract to Mike Robertson and negotiate a acceptable hourly rate acceptable to both sides. Seconded by CM Wendel. All in favor. Motion carried. (Sub -committee is Mayor Fournier, CM Heidner and Andrew MacArthur) None 8. Kevin Kielb,City Engineer - 8.1. Accept quote and award contract to Rum River Contracting .(Otsego Prairie Park) Mayor Fournier motioned to table accepting quote and awarding contract for Otsego Prairie Park. Seconded by CM Heidner. All in favor. Motion carried. CM Berning suggested a staff person attend the Park and Rec. Commission Meeting. One reason would be to help track their budget. CM Heidner felt the City is already paying for Merland Otto's attendance and shouldn't pay for two staff members attendance. 8.2_ Public Works Update (Odean Ave NE- Crack Re ap irsl Mr. Kielb reported there will be a overrun on this project but other projects have come in under the estimates. The Odean Avenue crack repair costs will come in at around $27,000 to $30,000. 83. Consider Resolutions orderingparation of Plans and Specifications: a_ Sanitary Sewer Collection System b. Potable Water System Mr. Kielb stated he is in the process of pulling together the rest of the information that is needed for the MPCA. There are two critical items: EAW (needed to obtain State Revolving Funds). Surveying work and the topography will need to be done. EAW will cost $2,500 and the topography at $20,260 (101 area and the old Frankfort area). CM Berning motioned to table Items 8.3. a. and b. until the October 15, 1997 Special City Council Meeting. Seconded by CM Ackerman. All in favor. Motion carried. Otsego City Council Meeting of October 13, 1997, contd. Page 5. CM Berning asked for a statement from the City Attorney regarding State Statutes requirements for bidding requirements. Mr. Kielb noted that in the past, Plans and Specs have been ordered prior to ordering the project. CM Berning suggested bidding this out as a total project with one engineering firm. CM Heidner stated going out for bids doesn't necessary get the lowest bidder and suggested maybe a third engineering firm to make periodic checks throughout the project. Item 8.4.a. was deleted from the Agenda. The Council authorized Kevin Kielb attendance at the District Meeting in Baxter. CM Berning requested the Public Works sub -committee review and recommendation of failing streets as outlined in the Road Management Plan. Mayor Fournier set October 30, 1997, 4 PM for a Public Works Sub -committee Meeting. 9_ Council Items: 9.1. Consider any issuesep nding on Sewer and Water Elaine noted she is continuing hearing from developers interested in the development in the city. 9.2_ Any other Council Business. a_ Discussion of tractor stored in pole building After Council discussion of this issue it was decided that prior to any action taken, they will wait and review the Lease Agreement the Park and Rec. Commission is working on. CM Wendel asked if the Council had any thoughts on the possibility of selling the Peavey property. The Council noted they have not received the letter the Heritage Commission was to have written. CM Berning feels that a Community Group and not the City, should take on the responsibility of restoring the old buildings in the City. 9.3. City Clerk's U12date Elaine noted that she and Mayor Fournier will be meeting with a representative from the DNR regarding the Wild and Scenic Area and other issues. Elaine, in response to CM Berning's request, noted the recent Ordinance Albertville passed pertaining to false emergency alarm calls applies to Albertville and not Otsego. She also discussed with Dan Green, Otsego's Insurance in regards to reimbursement from any lawsuits the city may have. Mr. Green said it depends on the case and each one is reviewed case by case. Otsego City Council Meeting of October 13, 1997, cont'd. Page 6. 9.4. Consider Claims List for Approval- CM pprovalCM Berning asked if the three commission members on the Claims List asking for reimbursements of expenses had staff approval prior to their expenditures. He is not questioning their expenses but is concern with correct budget allocations. CM Berning motioned that all commission expenses must have prior approval by staff. Seconded by CM Wendel. Discussion: CM Heidner felt staff should first come up with a recommendation prior to Council action. Voting For the Motion: CM Heidner, CM Ackerman, CM Berning Voting Against the Motion: Mayor Fournier Abstained: CM Wendel Motion carried. CM Heidner motioned to direct staff to implement a procedure to deal with commission expenses. Seconded by CM Berning. All in favor. Motion carried. CM Heidner requested that staff draft a memo to all commissions informing them of this action. The Council agreed. CM Heidner motioned to approve the Claims List as presented. Seconded by CM Ackerman. All in favor. Motion carried. CM Berning announced the next Community Rec. Program Board Meeting is October 20, 1997. 9.5. Adjoum by 10 PM_ CM Berning motioned to adjourned. Seconded by CM Heidner. All in favor. Motion carried. Meeting adjourned at 9:25 PM. Mayor Larry ournier Attest: Elaine Beatty, City Clerk/Zo 19 Adm. Recorded by: Judy Hudson, Deputy Clerk City Seal