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03-08-1993 City Council MinutesSTATE OF MN The City Council of the City of COUNTY OF WRIGHT Otsego met this 8 day of March, CITY OF OTSEGO 1993, at 7:30 PM. Norman F. Freske, Mayor, Doug Lindenfelser, Floyd Roden, Larry Fournier and Ron Black, Council Members, Jerome Perrault, Clerk, Elaine Beatty, Deputy Clerk/Zoning Administrator, James Barthel, Treasurer, Judy Hudson, Secretary, Bob Kirmis, Planner, and Larry Koshak, Engineer, were present. The meeting was called to order by Mayor Norman F. Freske. Motion by Larry Fournier to approve the Minutes of the January 7, 1993, Special Council Meeting. Seconded by Doug Lindenfelser, all Council Members voted in favor of the motion. Motion by Doug Lindenfelser to approve the Minutes of the February 8, 1993, Lefebvre Watershed Hearing. Seconded by Floyd Roden, all Council Members voted in favor of the motion. Motion by Doug Lindenfelser to approve the Minutes of the February 11, 1993, Special Council Meeting. Seconded by Larry Fournier. Ron Black said he would like to see more clarification of the concerns of the residents regarding rescue squad and fire department service and also how the 911 system works. Doug Lindenfelser withdrew his motion and Larry Fournier withdrew his second. Wally Boris, of Jones Intercable, was present to present the Council with a check for $4,730.40 as payment for 1992 Cable Franchise Fees. Norman F. Freske asked him how close the cable TV line was to the City Hall and he replied about 3/4 of a mile away. Dave Chase was present and asked if the Council intends to proceed with repair projects on Ogren and O'Dell Avenues. Larry Koshak said that he had prepared some preliminary estimates of the work that needs to be done to repair these roads. On Ogren Avenue, the brush and wood buried under it needs to be dug out and refilled with good material the hill cut down, and the re-worked area gravelled and blacktopped. Estimated excavation time is: Backhoe & trucks 12 hours, bulldozer 8 hours and compactor 4 hours. O'Dell Avenue has spots which are subject to heaving. These spots need to be dug out and replaced with good material. The estimated excavation time on this project is: Backhoe and trucks 8 hours, bulldozer 4 hours and compactor 2 hours. The estimated cost for gravel and paving on the two projects if $11,700.00. Dave Chase also advised the Council that 8 miles of City streets need gravel and 3 to 3 1/2 miles need seal coating. He said the estimated cost for either project is $5,400 a mile. The Council said they would take the projects under consideration and advise him on procedure at the next Council Meeting. John Katz, of the Environmental Quality Board appeared OTSEGO CITY COUNCIL MEETING OF MARCH 8, 1993. Page 2 before the Council to discuss environmental issues and what impact growth has had in the high growth areas like Otsego. He is doing a study right now and is talking to Planning and Council Officials and would like input from the Otsego Council. Doug Lindenfelser commented that we have seen significant growth in this area in the last 10 to 20 years. Floyd Roden said that we did have to put in a storm drain in Halls Addition to prevent flooding in that area. Ron Black suggested that he refer back to the Hearing on Incorporation for more information on Otsego. He adds that the need to have local control spurred the desire to incorporate. Norman F. Freske said the Wright County Planning Commission was more focused on dealing with rural areas and was not prepared to handle the growth in Otsego. Ron Black said local control is better as the closer you are to the problems the better you can handle them. Larry Fournier said people on the Wright County Planning Commission who had never been in Otsego were making decisions for Otsego. Ron Black said local control will be more effective if we don't have interference from other agencies. Floyd Roden commented that he could see things leveling off now. Bob Kirmis commented that there are a lot of things in the Otsego Comprehensive Plan that look ahead to having sewer and water. Elaine Beatty said that when we set our Planning & Zoning fees we are also figuring in engineering and planner fees. Mr. Katz asked if Otsego had septic system regulations. Elaine Beatty replied that we have adopted the 1988 State Code, all new systems are inspected and pumping is required every 2 years. She also added we have a good relationship with Wright County and the surrounding communities. Mr. Katz asked the Council how they felt cooperation was with the State. Ron Black said the State mandates a lot of things but never sends the money to put them in place. Among these things is the pay equity mandate, the recycling mandate, and requiring the Cities to pay sales tax and at the same time cutting Local Government Aid. Mr. Katz asked if some of these mandates are sent out without knowledge of how it effects local people. Norman F. Freske said the State is trying to enforce too many things. Ron Black said the attitude of the State is a problem. Larry Fournier said he'could see a problem with overlapping agencies and also better communication with local governments before regulations are put in effect would be helpful. OTSEGO CITY COUNCIL MEETING OF MARCH 8, 1993. Page 3 Mr. Katz commented that from his perspective, Otsego is much better prepared to handle environmental issues than most communities. Bob Kirmis addressed the application of Steven & Lisa Valerius for a CUP to move in a house with a 2 stall attached garage and also a CUP to have an attached garage and an accessory building exceeding 1500 sq ft. The Valerius's live at Lot 17, Block 3, Walesch Estates 2nd Addition which is zoned R-3 and the moved in home will replace a mobile home. Mr. Kirmis said the CUPs have been approved according to the following conditions: 1. Conditional use permit to allow the combination of a detached accessory structure and attached garage to exceed 1500 sq ft subject to the following conditions: a. The detached accessory structure and attached garage are not to be utilized for commercial or home occupation activities. 2. Conditional Use Permit to allow the requested building relocation subject to the following conditions: a. The relocated residence comply with the applicable requirements of the State Building Code. This item should be subject to comment by the City Building Inspector. b. The City Engineer provide comment in regard to drainage and utility easement establishment. c. The subject property is landscaped using ornamental grass, shrubs, trees or other acceptable vegetation by July 1, 1993. d. The City Engineer provide comment and/or recommendations in regard to sewage treatment. e. The existing manufactured home is removed from the subject within 30 days of the issuance of an occupancy permit for the relocated structure. g. The applicants provide proof to the City that the house moved is performed by a licensed mover in accordance with applicable State requirements. h. The site drain South toward 78th Street. i. The floor of the attached garage lie at least one foot above street level. Steve Valerius said that he did have some problems with painting the accessory building to match the house. Ron Black commented that perhaps the painting issue should be referred back to the Planning Commission. Bob Kirmis said the colors need to be compatible but not necessarily the same color. Motion by Ron Black to accept the Planning Commission recommendations and approve the CUP for Steven and Lisa Valerius to move in a home and the CUP to have an attached garage and detached accessory building exceeding 1500 sq ft. Seconded by Doug Lindenfelser, all Council Members voted in favor of the motion. OTSEGO CITY COUNCIL MEETING OF MARCH 8, 1993. Page 4 Suzanne Ackerman said that she had just recently moved into Otsego and was concerned about dogs running loose in the area. She raises dogs herself and plans on building a kennel for her dogs this summer. She also said she would consider being a dog catcher for the City. Larry Fournier said that we do need some sort of dog control. Ron Black suggested to Mrs. Ackerman that she get a copy of the dog catcher job description and study it over. Kevin Delaney, of Business Records Corp, was present to discuss computers. He said he had talked to Vern Heidner and he suggested adding 3 Mega Bits of Main Memory to the proposed system. Mr. Delaney also advised the Council that a 5 year straight lease plan is available from BRC. Vern Heidner commented that the hardware options being offered by BRC seemed to be the right ones and the price is in the right range. Judy Hudson commented that the building permit software is acceptable to herself, Elaine and Jerry Olson. Kevin Delaney said the software package for the Assessor is.very good. Norman F. Freske commented that we would need input from Assessor Pete Merges on this. Ron Black asked how long the price quotes were good and Mr. Delaney replied that they were good for 60 days. Consensus of the Council was that they needed more time to analyze the City's software needs. Larry Koshak addressed the Albertville EAW to expand it's Sewage Treatment Plant which he had to respond to by March 2. He said the EAW did not address many important things such as the effect on Mud Lake and downstream thru Otsego. They plan on doubling the size of their plant and will be letting bids on this March 25. Mr. Koshak said he had talked to MCPA many times and they are aware of the issues he has raised. Elaine Beatty said the City of Otsego should have been notified of the Hearings and we were not nor were the Otsego land owners along the creek through Otsego from Mud Lake. Motion by Ron Black to direct the City Attorney (with input from the City Planner and City Engineer) to notify the City of Albertville that the City of Otsego and Otsego landowners were not property notified of the Hearings on the EAW to expand the Albertville Wastewater Treatment Plant. Seconded by Doug Lindenfelser, all Council Members voted in favor of the motion. Ron Black said another question is whether any of the added sewage plant capacity would be available to be purchased by the City of Otsego should the need occur in the areas of Otsego adjacent to Albertville. Larry Koshak advised the Council that the City Maps need to be updated to reflect the changes that have occurred. The two large developments, Country Ridge and Antelope park, need to be added as well as 11 lot splits and other corrections, OTSEGO CITY COUNCIL MEETING OF MARCH 8, 1993. Page 5 including adding addresses and PIN numbers to the half section maps. He estimated that the labor cost for this should not exceed $1,700.00 Motion by Larry Fournier to hire Hakanson Anderson Assoc., Inc. to update the City Maps at a cost not to exceed $1,700.00. Seconded by Ron Black, all Council Members voted in favor of the motion. Concerning the Quale Avenue project, Mr. Koshak said he sent copies of the Wetland mitigation to the Corp of Engineers, BWSR, Wright CO. Soil and Waster District and DNR. He also said that he had met with Jeff Bergquest and Steve Glatzel and they would like to have him recommend to MnDOT that 62nd Street be kept open until construction on the West lane of Hwy 101 actually starts. He said he would need Council support to make the request to MnDOT. The Council agreed to support him on this. Mr. Koshak also said he had met with Darkenwalds, Lavedure & Winter (landowners along Quale Avenue) and they would want to know a firm assessment amount before signing any easements and they also asked for a possible deferment of assessments. Mr. Koshak said the City share of the Quale Avenue project will be an estimated $62,000 and the assessment would need to be about $5,000 per unit to reach this figure. He also said that we would need to let the bids and have a signed contract by June in order to get the project done this year or we would have to start all over. Ron Black commented that if an agreement can not be reached with the land owners, we might have to consider condemnation proceedings. He also said the Council needs to consider the assessment spread and Mr. Koshak's recommendations on this. Motion by Floyd Roden to have a Special Council Meeting on March 22, 1993 at 6:30 PM with Larry Koshak to discuss the Quale Avenue Project. Seconded by Larry Fournier, all Council Members voted in favor of the motion. Larry Koshak then discussed the 85th Street construction project between Page Avenue and Co. 42. He said that we have made John Lefebvre an offer for the easements for 85th Street but was informed that Mr. Lefebvre had hired an Attorney so he turned the matter over to the City Attorney. Mr. Koshak said the City has turned back over 3 acres of land to John Lefebvre by vacating River Road. Norman F. Freske said the original offer was made 3 years ago and land values have naturally gone up. Kevin Lefebvre was present and said he was not aware of any written agreements exchanging land. He was informed that the City Attorney has sent information regarding these written agreements to John Lefebvre's Attorney. Ron Black asked Mr. Koshak what the time line was on the 85th Street Project. Mr. Koshak replied that we have to let the bids soon in order to complete the project this year. OTSEGO CITY COUNCIL MEETING OF MARCH 8, 1993. Page 6 Motion by Ron Black to resolve this matter with John Lefebvre within one week and if not have our Attorney take whatever action is necessary to resolve the issue. Seconded by Doug Lindenfelser. Larry Fournier suggested 2 weeks and the rest of the Council agreed. All Council Members voted in favor of the motion. Larry Koshak then addressed the Water Management Plan. Wright County was mandated by the State to put together a Water Management Plan and have done so. He and John Harwood have been reviewing the plan and will be making comments on it. Mr. Koshak then addressed the street repair projects of Ogren and O'dell Avenue. Ogren Avenue is badly in need of repair and should be done, O'Dell Avenue is not as serious but is close by and the 2 projects could be co-ordinated and done at the same time. He estimated the rental cost for equipment to do the excavation work at 3 to $4,000.00 and an estimated $11,700 for base gravel and blacktop. Ron Black said he would like to see some more complete cost estimates on these projects by the next Council Meeting. Larry Koshak and Dave Chase agreed to work on this. Doug Lindenfelser asked about right-of-way for these projects. Mr. Koshak said that we would need some construction easements. Mr. Koshak advised the Council that John Harwood has met with MnDOT regarding culvert sizes under Hwy 101 and they have agreed to upgrading the sizing. MnDOT has also agreed to do some traffic counts. Larry Koshak suggested that the City do some traffic counts on their MSA designated streets. Counters can be obtained at no cost. The Council suggested that Duane Fiedler or Dave Chase take the 2 hour training course on the operation of the counters. Concerning Grants, there is a Seminar on this coming up next Wednesday. Mike Tardy is putting on a Seminar on MSA on Wednesday, March 17, in St. Cloud and Mr. Koshak said he would like to attend. Motion by Ron Black to approve Larry Koshak attending the MSA Meeting on March 17. Seconded by Larry Fournier, all Council Members voted in favor of the motion. Motion by Ron Black to approve the street lighting contract with Wright-Hennepin Electric. Seconded by Doug Lindenfelser. Ron Black said that Wright-Hennepin needs to understand that the Developer is responsible for the electric usage billing for street lights until the development is 90% filled. All Council Members voted in favor of the motion. Elaine Beatty advised the Council it is time to re-apply for City participation in the MN Housing Finance Agency OTSEGO CITY COUNCIL MEETING OF MARCH 8, 1993. Page 7 housing loan program. Motion by Floyd Roden to renew membership to the Gateway Chamber of Commerce. Seconded by Ron Black, all Council Members voted in favor of the motion. Larry Fournier suggested establishing a Code of Conduct for the EDA Advisory Board and said that Dave Licht has agreed to assist with this. The Council agreed this should be done. Motion by Ron Black to sheet rock and spray the area above the Council Chambers in the new City Hall. Seconded by Larry Fournier, all Council Members voted in favor of the motion. Floyd Total Security has proposed 3 options for installing Medeco Locks on the new City Hall doors. Option 1 Installation of High Security Medeco Hardware on Locking doors at a cost of $1,746.91 Option 2 Install Medeco on all exterior doors, record room 108, Office 104, Storage room 109, Office 125 and penthouse at a cost of $884.61. Option 3 Install Medeco on exterior doors only for $804.90. The keys for High Security Medeco Hardware can not be duplicated. Keys cost an additional $3.20 each. Motion by Larry Fournier to approve Floyd Total Security Option No. 1 at a cost of $1,746.91. Seconded by Ron Black, all Council Members voted in favor of the motion. Proceeding as a board of audit, the City Council audited and allowed verified accounts Nos. 212 to 296 inclusive. On motion the meeting adjourned. , NORMAN F. FRESKE, MAYOR , DOUG LINDENFELSER, COUNCIL , FLOYD RODEN, COUNCIL , LARRY FOURNIER, COUNCIL , RON BLACK, COUNCIL Attest= Jerome Perrault, Clerk JP/jeh