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05-12-97 CCCITY OF OTSEGO WRIGHT COUNTY, MINNESOTA CITY COUNCIL MEETING 6:30 PM COUNCIL CHAMBERS OTSEGO CITY HALL MAY 12,1997 1. Mayor Larry Fournier will call meeting to order. Mayor Fournier called the meeting to order at 6:34 PM a. Pledge of Allegiance Mayor Fournier led in the Pledge of Allegiance. Mayor Larry Fournier; Councilmembers; Vern Heidner, Mark Berning, Virginia Wendel, Suzanne Ackerman. Staff: Andrew MacArthur, City Attorney; Bob Kirmis, Assistant City Planner; Kevin Kielb, Assistant City Engineer; Elaine Beatty, City Clerk/Zoning Administrator; Judy Hudson, Deputy Clerk; Jerry Olson, Building Official. 2. Consider Agendarnn oval. CM Ackerman requested the addition under Item 8.3.1 Reconsideration of quotes for Crack Filling Project for 1997. Mayor Fournier requested the following additions: Item 8.3. ISD 728 Water System Item 8.0 Change Order for Island View Estates Item 8.3.2. Discussion of Sewage Treatment from Elk River Item 8.3.3. Discussion of Bonestroo Wastewater Treatment Updated Report Item 9.5.c Discussion of Springsted Letter Item 9.5.d. Set Date for Otsego Creek Authority Item 9.5.e. Code of Conduct sub -committee meeting date CM Wendel motioned to approve the agenda as amended. Seconded by CM Ackerman. All in favor. Motion carried. CM Heidner requested a change on page 2 - last paragraph, first sentence change the word several to "majority". CM Heidner motioned to approve minutes as amended. Seconded by Mayor Fournier. All in favor. Motion carried. b. April 22, 1997 - Board of Review CM Berning motioned adoption of minutes. Seconded by CM Wendel. All in favor. Motion carried. C. April 28, 1997 -Council/ISD #728 Meeting Mayor Fournier motioned adoption of minutes. Seconded by CM Berning. All in favor. Motion carried. CM Ackerman abstained (was not in attendance). Otsego City Council Meeting of May 12, 1997, contd. Page 2. I Annl 28.1997 - Regular Council Meeting CM Heidner noted on Page 3, Item 8.1 CM Heidner made the motion rather than CM Berning. CM Wendel motioned to adopt the minutes as amended. Seconded by CM Ackerman. All in favor. Motion carried. 4. Open Forum, William Jones, 8756 Parell Avenue NE, questioned what source he should direct his ideas to regarding sewer. He also stated concerns with the recent approval of Lin -Bar Estates H re -subdivision plan and questioned if the City is changing their stand on this. Staff responded on these issues pointing out the differences in zoning. 4.1. Special Presentation byLen Offerman, Wright Hennepin .l c ric Lighting Improvement and Cost Savings Proposal for Otsego Hall. Leo Offerman went over the attached Lighting Improvement and Cost Savings Proposal for Otsego City Hall. Mr. Offerman also suggested the Off -Peak Program for air conditioning for the City Hall. There would be no installation fees and the City would receive a flat rate of $35.00 savings every month for June, July, August and September. CM Heidner noted a discrepancy in the hours of usage in the proposal. Mr. Offerman will review these numbers and bring back to the Council. CM Heidner motioned approval for Wright Hennepin Electric to install the Off Peak Air Condition Program at City Hall with no installation charges and a guaranteed $35.00 monthly credit for the summer months. Seconded by CM Berning. All in favor. Motion carried. 5_ Consent Ag.end@ 5.1. Consider increase in City Assessorper parcel amount CM Heidner motioned approval of the of Consent Agenda. Seconded by CM Ackerman. All in favor. Motion carried. 6. Boh Kirmis, Assistant City Planner 6.1. Paul Levenson - Discussion of his split of 4+ acres previously turned down (continued form April 28, 1997 Agenda for more information). Mr. Kirmis briefly reviewed. Mr. Levenson asked for reconsideration. CM Heidner motioned to reconsider this lot split. Seconded by CM Wendel. Discussion: CM Wendel noted the current moratorium. Staff noted this motion would need a four-fifths vote for reconsideration and there needs to be a significant change for reconsideration. Voting For the Motion: CM Berning, CM Wendel, Mayor Fournier Voting Against the Motion: CM Ackerman, CM Heidner Motion failed for a lack of a four-fifths vote. Otsego City Council Meeting of May 12, 1997, cont'd. Page 3. The City Planner, Attorney and Engineer presented their reports. Mayor Fournier motioned to collect the Park and Rec. Fees as lots are sold and to be paid in full within 18 months from the date the Developers Agreement is signed. Seconded by CM Wendel. All in favor. Motion carried. CM Heidner motioned to enter into a Bank Escrow Fund rather than a Letter of Credit and convert to a Letter of Credit for the warranty period as recommended by the City Attorney for Heritage Hills Development only. Seconded by CM Berning. All in favor. Motion carried. CM Heidner motioned to adopt the Final Plat for Heritage Hills subject to the nine conditions listed in the April 23, 1997 Planning Report. Seconded by CM Ackerman. All in favor. Motion carried. Mr. Kirmis went over the Planning Report. He noted Condition No. 5 regarding the tree requirement and asked for Council clarification. Mayor Fournier motioned approval of the Final Plat subject to the 10 conditions listed in the April 23, 1997 Planning Report except to Change Condition No. 5 to include language that is consistent with the City's current Landscaping Ordinance. Seconded by CM Wendel. Voting For the Motion: Mayor Fournier, CM Wendel Voting Against the Motion: CM Ackerman, CM Heidner, CM Berning Motion failed three (3) to two (2). CM Berning motioned approval of the Final Plat for Lin -Bar Estates 2nd Addition subject to the ten (10) conditions listed in the April 23, 1997 Planning Report. Seconded by CM Heidner. Voting For the Motion: CM Heidner, CM Berning, CM Ackerman Voting Against the Motion: CM Wendel, Mayor Fournier Motion carried three (3) to two (2). 6.4. Any other Planning Business, 6.4.a. Discussion of SingleFa_mily Uses (Parking area resurfacing) Mr. Kirmis went over his May 5, 1997 Memorandum. Jerry Olson, Building Official, also commented on this requirement, which he does not support. CM Wendel motioned to remove this provision from the Ordinance. Seconded by CM Ackerman. CM Heidner noted the motion is not appropriate. a Otsego City Council Meeting of May 12,1997, cont'd. Page 4. Mr. MacArthur noted a motion can't be made to remove a provision from the Ordinance without going through the proper process but a motion can be made to send this issue to the Planning Commission for a Public Hearing. CM Wendel motioned to send this to the Planning Commission with the recommendation to consider removing this provision from the Ordinance Seconded by CM Ackerman. Voting For the Motion: Mayor Fournier, CM Ackerman, CM Wendel Voting Against the Motion: CM Berning, CM Heidner Motion carried three (3) to two (2). Mayor Fournier set the Public Hearing at the Planning Commission for June 4, 1997 at 8 PM. Council agreed. 7. Andrew MacArthur, City Attorney. 7.1. See 6.2.a. 7.2. See 6.3.a. 7.3. Any other Legal Business. There was no further Legal Business. 8. Larry Koshak, City Engineer (Kevin ielb). 8.0. Change Order for Island View Estates, CM Heidner motioned to approve the Contract Change Order 002 for Project No. 95-2, Island View Estates. Seconded by Mayor Fournier. All in favor. Motion carried. 8.1. See 6.2_a. 8.2. See 6.3_a. 8.3. Any other Engineering Business, 8.3. Discussion of ISD 728 Meeting with City Council regarding City Well. The Council referred to the letter received from ISD 728 dated April 29, 1997. CM Heidner motioned for the City Engineer to write a technical response to ISD 728 dated April 29, 1997 to clarify inaccuracies of the School District's letter. Seconded by CM Ackerman. All in favor. Motion carried. 8-3-1- R .consid ra ion of Crack Filling Quotes for 1997. CM Ackerman motioned to table this item. Seconded by CM Heidner. Voting For the Motion: CM Ackerman, CM Heidner, CM Wendel Voting Against the Motion: CM Berning, Mayor Fournier Motion carried three (3) to two (2). 8.3.2. Sewer Treatment Capacity from Elk River Mayor Fournier requested this item be placed on the May 15, 1997 City Council Workshop Agenda. Elaine Beatty noted there is a correction needed in the report and Elk River will be sending new reports. 8.3.3. Discussion of Bonestroo Waste Water Treatment Plant Update, Mayor Fournier requested this item be placed on the May 15, 1997 City Council Workshop Agenda. Otsego City Council Meeting of May 12, 1997, contd. Page 5. Kevin Kielb reported he received a call from Roger Hanson, Otsego Elementary School, reporting signs of red water in the water system, which is common. Mr. Kielb went over the possible sources and suggested water testing at $144.50 by Traut Wells. CM Heidner motioned authorizing the City Engineer to have the water tested at $144.50. Seconded by CM Ackerman. All in favor. Motion carried. Mr. Kielb also updated the Council on the possibility of the City removing the materials from the pond in Heritage Hills which may benefit the City. The Council agreed this should be looked into. 9. Council Items. 9.1. Council decision on Misc. Improvement for Otsego Park & Elaine went over this and the Council decided to discuss this with Item 9.4. Mayor Fournier motioned to increase the hourly rate to $30. Seconded by CM Heidner. Voting For the Motion: Mayor Fournier, CM Wendel, CM Ackerman, CM Heidner. Voting Against the Motion: CM Berning 9 Reconsider Flood Relief Funds from Salina Salon Elaine Beatty reported if the Flood Relief Funds are distributed as discussed, it would amount to $11.00 per flood victim. The Council directed Elaine to call Salina Salon and explain this situation and ask if they would agree to put this donation towards the sand bags. 9.4. Vern Heidner - discussion with Council regarding Park & Recs. Finances. CM Heidner went over the attached reports. CM Heidner motioned to allow the Park and Rec. Commission to spend up to $15,000 from the 1998 Property Levy in 1997 for Capital Improvement Items only. This amount is to be taken out of the MSA Construction Fund which was previously committed. To be noted is that this amount won't be available for 1998. CM Heidner withdrew the motion. Mayor Fournier motioned to borrow $12,850 from the MSA Construction Fund and is to be paid back from the Park Dedication Fees as they come in from the new plats. Seconded by CM Wendel. All in favor. Motion carried. (Discussion occurred between the motioned being made and the actual vote) Discussion: CM Berning asked when is the next payment due for the 96 ISTEA Project. CM Heidner explained the payment is due in June or July and that the $60,000 is the City's share out of the $280,000 Grant and completion is this year. It was also discussed that this is for Park Development and not for Park Maintenance. There was discussion on the Parks need list which is attached. Otsego City Council Meeting of May 12, 1997, cont'd. Page 6. 9.5. Any other .o m it Business - a. usin .ss_a. Consider becoming an associate member in the Economic Development Partnership o� f Wrighto unto. CM Heidner motioned to join the Economic Development Partnership of Wright County as an associate member for an annual fee of $50.00 Seconded by CM Berning. Voting For the Motion: CM Ackerman, CM Wendel, CM Heidner, CM Berning Voting Against the Motion: Mayor Fournier Motion carried four (4) to one (1). 95 c. S ringsted Letter The Council agreed not to meet with Springsted until a decision is reached regarding Sewer and Water for Otsego. 9.51. Otsego Creek Meeting It was suggested May 19 or May 20, 1997 for this date and for Judy Hudson to check with Albertville. 9.5_e Code of Conduct Sub -committee Mayor Fournier appointed Carl Swenson, Chair of Planning Commission, to also be a member. Mayor Fournier requested CM Berning to attend the Planning Commission Meeting as Council Representative on May 21, 1997 since neither CM Heidner or CM Ackerman can attend. 9.6. City Clerk's 1 da P. Elaine Beatty reported that Bill Dickinson owns a lot on Parrish Avenue. Since this is a non -buildable lot he would like to give this property to the City. Mayor Fournier motioned to accept this lot as long as the City can get it free and clear and no strings attached. Seconded by CM Heidner. All in favor. Motion carried. 9.7. Consider Claims List for approval. CM Ackerman motioned to accept the Claims List as presented. Seconded by CM Wendel. All in favor. Motion carried. 9.8. Adjourn y 10 PM. CM Ackerman motioned to adjourn. Seconded by CM Berning. All in favor. Motion carried. Meeting adjourned at 10:35 PM. Mayor Larry Fournier Attest: Elaine Beatty, City Clerk/Zoning Adm. Recorded by: Judy Hudson, Deputy Clerk City Seal