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08-10-98 CCCITY OF OTSEGO WRIGHT COUNTY, MINNESOTA CITY COUNCIL MEETING 6:30 PM COUNCIL CHAMBERS OTSEGO CITY HALL AUGUST 10, 1998 1 _ Mayor Larry Fournier will call meeting to order: Mayor Fournier called the meeting to order at 6:30 PM. Mayor Fournier led in the Pledge of Allegiance. b. Roll Call: Mayor Larry Fournier; Councilmembers: Virginia Wendel, Vern Heidner, Mark Berning. Suzanne Ackerman arrived at 6:42 PM. Staff: Mike Robertson, City Administrator; Elaine Beatty; City Clerk/Zoning Administrator; Judy Hudson, Deputy Clerk/Treasurer; Andrew MacArthur, City Attorney; Dan Licht, Assistant City Planner; 2. Consider agenda approval, Mayor Fournier requested to remove Item 5.1 from the Consent Agenda and place under Item 8. He also requested to move Item 7.2. to Item 9. CM Heidner motioned to adopt the August 10, 1998 City Council Agenda as amended. Seconded by CM Berning. All in favor. Motion carried. a. Information meeting of July 20 1998, CM Heidner motioned to adopt the June 20, 1998 minutes. Seconded by CM Wendel. All in favor. Motion carried. b_ Regular Council Meeting of July 27, 1998_ CM Berning motioned to adopt the July 27, 1998 City Council Meeting Minutes. Seconded by CM Wendel. All in favor. Motion carried. 4. Open Forum: 4.1. Any other Open Forum. Rob Skurka, 14956 96th Street. He wanted to know the progress of placing stop signs at Ohland and 96th Street and the progress on construction of the bike path. Mayor Fournier informed him the stop signs have been approved and ordered and will be installed upon delivery of the signs. Mike Robertson informed Mr. Skurka that signing and restoration needs to be done on the bike path. Mike will also check with the County about striping Otsego's bike path on CSAH 39. Mr. Skurka suggested extra lighting for safety reasons. Jim Lehn, 15008 96th Street. Mr. Lehn stated he and his neighbors, who have property along the bike path, request to have their taxes lowered by 10%. City Council Meeting of August 10, 1998, cont'd. Page 2. The reason for this is Mr. Lehn feels the bike path has devalued their properties and they will be left with keeping the area picked up and maintained. The developer never informed them that a bike path would be going in there. Mayor Fournier stated he will have the City Assessor check with other cities if bike paths devalue property. He requested this be placed on the next City Council Agenda. Andy MacArthur, City Attorney, stated when property is purchased next to public property the buyer should realize that the property will be publicly used and doesn't see a legitimate reason for any tax break. Rob Skurka stated he agrees with Mr. Lehn. Mr. Skurka said he supports having bike paths to get the kids off the streets but the bike path has decreased his parking space and turn -around ability on his property. CM Heidner requested additional striping or signing defining the bike path from traffic lanes on Page Avenue. 5. Consent Agenda 5.1. Approval of Plans and Specs for Water Tower. (Cont from July 27th City Council Meeting). Item 5.1. was removed and placed under Item 8. Planner - Mr. Licht presented his report 6.1- Consider al)l)lication hy Owner Keith E. Knutson. 6630 Odean Av� P 118-566-33240l.-S33-TI21,R23 Request is for the followi 1. Conditional - Permit to allow the following - A • •. •g • • 111 . . .. . . �, CM Berning motioned to approve the Conditional Use Permit to allow more than one detached accessory building and greater than 1,500 square feet and for total accessory area greater than 2,000 square feet with pole building construction within the A-1 District subject to the conditions listed in the Findings of Fact, with Condition 3 amended to include that the three detached accessory structures are to be removed within 60 days of the issuance of the Building Permit with an escrow for such removal set by the Building Official. Seconded by CM Heidner. All in favor. Motion carried. The Council discussed the location for the windmill. They stated concern that it is not placed too closed to any neighbor so as to limit any negative impact to them. CM Heidner motioned to approve the Conditional Use Permit to allow construction of a ornamental windmill with a height of 45 feet subject to the conditions listed in the Findings of Fact and subject to the Building Official's approval of the site location with the location of the windmill closer to the applicant's house than any neighbor. Seconded by CM Ackerman. All in favor. Motion carried. City Council Meeting of August 10, 1998, cont'd. Page 3. 7. Andrew MacArthur. City Attorney 7-1. Consider Contract Sewer Agreement with Cityof lZyton Mr. MacArthur and the Council noted a couple of corrections. The Council directed Mike Robertson to prepare a cover letter and send to Dayton. 7.2. Request for closed meeting under Attorney/ Client priyiiege. The Mayor stated this would be held at the end of the Council meeting. 7.3. Any other legal business. None 8 John Harwood,CityEngineer: 5.1. Approval of Plans and Specs for Water Tower. (Cont. from July 27th City Council Meeting). Mayor Fournier noted this is only for the water tower and the paved surface for the parking lot was removed. CM Heidner motioned to approve the Plans and Specs for the Water Tower and order the bids. Seconded by CM Wendel. All in favor. Motion carried. 9 Council Items: 9-1- A Discussion of Peavey House finances. CM Ackerman motioned for the City Attorney to inform the renter of the City owned property known as the "Peavey House" to vacate the premises by October 1, 1998 as they are continually defaulting in the rent. Seconded by Mayor Fournier. All in favor. Motion carried. CM Wendel went over her notes from the last EDAAC Meeting. After Council discussion, the Council agreed to a joint meeting of the EDAAC and EDA. September 21, 1998, 7 PM was set for this joint meeting. The Council also agreed for the purchase of the TIF Book at a cost of $85. Staff was directed to prepare a policy on commissioners pay specifically noting if they are paid if they attend a meeting with no quorum. C Discussion of Budget for Community Recreation (CM Berning) CM Berning went over the proposed 1999 Budget. Otsego's share shows $19,882 which is about $800 increase. D Consider Mayor attending the MN Mayors Assoc AN Conference CM Wendel motioned to send Mayor Fournier to the MN Mayors Association Annual Conference on October 2-3,1998. Seconded by CM Ackerman. Voting For the Motion: CM Ackerman, CM Berning, CM Heidner, CM Wendel. Abstained: Mayor Fournier. Motion carried. R Any other Council Business. CM Heidner asked if the City has received a reply from Lin -Bar regarding the proposed change to the Developer's Contract. Mr. Robertson stated he has and they will continue to meet the tree requirement rather than donate a lot to the City. City Council Meeting of August 10, 1998, cont'd. Page 4. 9.2. Mike Robertson, City Administrator - update. A_ Discussion of City Accountant. Mike discussed the Council's policy on contracted staff attending the commission meetings. He asked the Council that in regards to the recent request from the EDAAC for Gary Groen to attend their meeting, does the Council want to change their policy or reaffirm their policy. The majority of the Council approved Gary's attendance to the EDAAC meeting and expense should come out of the EDAAC budget. Council noted this was a unique exception and that the policy had not changed. B Discussion of stop signs on Odean and 85th St. Mike went over his memo. It was the consensus of the Council to install the signs at 85th and Odean now. When the signs are placed, the Council requested for a squad car to be located there to help make drivers aware of the stop signs. C. Report on status of HPC Grant. Mike reported he received the Context Study this date and the HPC will be reviewing it. D Any other City Administrator business_ CM Berning questioned if there was any additional information from the County regarding the registration of Feedlots. Mike stated he talked to Kerry Saxton, Soils and Water. Kerry told Mike that since the MPCA doesn't have the manpower to do enforcement the County wants to get the feedlots registered now and eventually there would be enforcement. The Council discussed if Otsego should take up the County's offer for them to register the feedlots in Otsego. No definite decision was made. 9.3. Elaine Beatty., City Clerk - update. Elaine asked the Council if they want to continue with "River Rider" in 1999. According to Jenny Job, Otsego can still participate at the reduced rate of $3,195. The Council agreed to include this amount in the budget. Elaine received word that Otsego is in compliance with pay equity through Year 2001. She also noted the Public Works Sub -committee meeting has been canceled due to lack of agenda items. 9.4 Consider Claims List fora approval, CM Heidner motioned to approve the Claims List as presented. Seconded by CM Ackerman. All in favor. Motion carried. CM Berning motioned to close the City Council Meeting under the Attorney/Client Privilege. Seconded by CM Ackerman. All in favor. Motion carried. Closed at 8:55 PM. Attending: Mayor Fournier, CM Ackerman, CM Beming, CM Heidner, CM Wendel. City Administrator Mike Robertson, City Clerk/Zoning Administrator Elaine Beatty, Deputy Clerk/Treasurer Judy Hudson and Andrew MacArthur, City Attorney. CM Berning motioned to re -open the City Council Meeting at 9:25 PM. Seconded by CM Ackerman. All in favor. Motion carried. City Council Meeting of August 10, 1998, cont'd. Page 5. 9.5. Adjourn by 10 PM_ CM Heidner motioned to adjourn. Seconded by Mayor Fournier. All in favor. Motion carried. Meeting a 'ourned at 9:25 PM. 9 G �ev-- ayor L Fournier Attest: Elaine Beatty, City Clerk/Zorfi#g Adm. Recorded by: Judy Hudson, Deputy Clerk City Seal