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12-13-1993 City Council MinutesSTATE OF MINNESOTA The City Council held a regular COUNTY OF WRIGHT Council Meeting this 13TH day of CITY OF OTSEGO December, 1993 at 7:30PM. The Meeting was called to order by Norman F Freske, Mayor. Also present were Doug Lindenfelser, Floyd Roden, Larry Fournier and Ron Black, Council Members, Jim Barthel, Treasurer, and Elaine Beatty, Deputy Clerk, Zoning Administrator. Bob Kirmis, Assistant Planner from NAC and Larry Koshak, City Engineer from Hakanson Anderson and Associates were also present. Minutes of November 22, 1993. Larry Fournier noted that on page #5 two-thirds of the way down the page is read "Larry Fournier" and it should read Larry Koshak. Larry Fournier motioned approval of the minutes of 11/22/93 with the change. Doug Lindenfelser seconded the motion. Motion carried unanimously. Floyd Roden motioned to approve the minutes of 11/22/93 on LeFebvre's Watershed Informational Meeting. Larry Fournier seconded the motion. Motion carried unanimously. Ron Black motioned to approve the minutes of November 23, 1993 Employee Contract Negotiations. Doug Lindenfelser seconded the motion. Motion carried unanimously. Doug Lindenfelser motioned to approve the minutes of December 9, 1993 of the Truth in Taxation Hearing. Ron Black seconded the motion. Motion carried unanimously. Mr Earl Greer from the Elk River/Rogers VFW appeared before the Council on the Open Forum. He stated that the VFW is trying to get a park going. He referenced a letter from NAC, Planner. He said it sounds like they would like us to blacktop the parking lot. We would like to spend the money we have now. They would like to level the ball fields and not change the drainage. He said they are not talking about a whole lot of change. There are dips in the field, but they are small. A few humps are there and they will knock them down and grade and not create mounded fields. The proposed cars for the parking lot are 190. He said that seems unreasonable. Mr Roden said if the State leagues come in you may need that parking. Mr Greer said it wouldn't be over one or two times a year. Doug Lindenfelser asked if they are planning on blacktopping a portion of the parking lot now? Mr Greer said they were not constructing a building yet as they do not have the funds. Doug asked when they will have funds for the community center? Mr Greer we don't have funds and pull -tabs are the sorce. They do have some money now to spend. Mr Lindenfelser said until they have a facility he didn't know why we would require them to dig it all up and pave. Mr Greer said that the water table in that area is high and we would raise up the building when we build. Bob Kirmis said the Ordinance requires hard surfacing for the VFW facility Commercial recreational use. Mr Greer said he didn't know if they could call it commercial. He said it is recreational. We are asking you to bear with us. The road in front (Quaday) is not tarred now, but I understand it CITY OF OTSEGO COUNCIL MEETING MEETING OF 12/13/93 AT 7:30PM - PAGE 2 - will be next year. We are asking for a little help so we can get started. Ron Black stated that he didn't know exactly what they are requesting. Didn't we have a CUP a few years ago? For me to consider anything, VFW is going to have to come in with a request. Mr Black felt the request should be in writing. Larry Fournier said it seems to me you are asking for a variance of the Ordinance. Mr Kirmis agreed and said that if the City wants to make an allowance, they should change the Ordinance rather than grant a variance. Mr Greer asked if the same thing is going to happen with the City park? He said they just want to get started. Mr Fournier said they should come to the City with a plan saying what you want to do (a written plan). Mr Roden said we need a written time frame. Mr Greer said they intend to do something. Mayor Freske agreed. Mr Greer said the Engineering and laying out of the fields was over $4,000.00 and it didn't include the planning and grading of the fields. We think it is unnecessary to berm the fields, etc. Mayor Freske said Mr Greer should get together with Elaine Beatty and Bob Kirmis and get on the next Planning Commission agenda. Mr Kirmis said he didn't think NAC could recommend a variance based on an economic hardship. An economic hardship can't be used as a basis for granting a variance. Mr Black said it sounds like a phase type thing. Mayor Freske said they would like to accommodate them and not delay this for years. Mr Fournier asked if we can do something like this without changing the Ordinance? Mr Kirmis said it could be done with an agreement. Mr Greer said they can do Class 5 this year and blacktop next year. Mr Black said they may have to scale some of the plans back and he understands some Engineering would be a problem also. Mr Fournier suggested he get together with the City Planner and City Engineer and suggest a plan that can be phased in. With a letter of credit, it would help said Mr Roden. Mr Greer said he is here to work out some sort of procedure. Mayor Freske said we have an Ordinance for a reason. Mr Koshak said it would be better for everybody if they followed a development plan and if you would have some grades on the ball fields. You would be spending money and time and effort if you don't follow the grading you had proposed previously. One or two ball fields could be done and get them graded properly. Mr Greer said our problem was all the money was going to be spent on Engineering and blacktop and we didn't have anything yet. Doug Lindenfelser said he felt that they should be able to get one field before the blacktop is done. Mr Greer's phone is 441-2421. Agenda Item 4.1. Consider the amendment to the Zoning and Subdivision Ordinance Re:Application requirements for Hearings. Kirmis explained That all officers would be required to have copies of large scale plans. NAC's Memo of October 27, 1993 specifically identifies what would be CITY OF OTSEGO COUNCIL MEETING MINUTES OF 12/13/93 AT 7:30PM - PAGE 3 - changed. Mr .Kirmis read what changes would be made. Ron Black motioned adoption of the Planning Commission's recommendation of the Amendment to the Zoning and Subdivision Ordinances, which was to approve the large scale plans and other application material in a larger number for the designated officials. Larry Fournier seconded the motion. Motion carried unanimously. Larry Fournier asked if other Cities required this material. Mr Kirmis answered, generally no, but Lakeville does. Agenda Item 4.2: Roden/Demars Subdivision sketch plan review. Mr Kirmis explained the subdivision of 9-1/2 acres into 8 lots in an area E of Odean Ave NE and S of 81ST Street NE. He referred to Exhibit B in review of the site and limitation of access. NAC feels the design is good and they recommend the site plan approval with the conditions of NAC's Report being met. Lot 1 has the majority of the issues. The driveway be located and a turn around type driveway be provided, 65' setback on lot 1. Kirmis explained that Odean is a collector street and will carry high volume traffic. The cul -du -sac is the maximum length required and area and width requirement. The Planning Commission has recommended the sketch plan approval with conditions from NAC and the City Engineer. Ron Black motioned adoption of the Planning Commission recommendation of approval of the sketch plan with conditions from NAC and the City Engineer being met. Doug Lindenfelser seconded the motion. Motion carried with Doug Lindenfelser, Larry Fournier, Norman F Freske and Ron Black all approving and Floyd Roden abstaining. Ron Black asked if lot 1 were subdivided, would there be a common driveway? Mr Kirmis said a 65' setback eliminates the subdivision of lot 1. Under other planning business Mayor Norman F Freske brought up a letter from NAC regarding the skating rink being a CUP. Mr Kirmis noted that in the INS District, recreational uses are listed as a CUP and require a public hearing so the neighbors are aware of it. Larry Koshak Engineering items: 5.1. Trunk Hwy 101 (Elk River to #42) project update. 5.1a. CSAH 39 & 101 Signal Update. Mr Koshak informed the Council that Mn/DOT will be taking care of the costs and they will install the EVP free of charge. The other thing is we will have to get a Maintenance Agreement with Elk River Utilities for the maintenance. 5.1b. Permit to construct: Mr Koshak contacted Terry Humbert in connection with the Permit to construct and he thought the City had agreed to get these right of entry permits. He is waiting for instructions of how to handle this. Mayor Freske said Terry Humbert had CITY OF OTSEGO COUNCIL MEETING MINUTES OF 12/13/93 AT 7:30PM - PAGE 4 - called him at,the office. Larry Koshak said that someone who knows should go out and visit with them. It is to get them to sign for right of entry of the property and it shouldn't interfere with the ability to deal with Mn/DOT. Ron Black suggested that the City Engineer should make one contact per permit and would add that it should be accomplished before the January 13TH 101 meeting at the Otsego City Hall. That way if some people are creating problems it can be pointed out to the public when they are here. Mayor Freske agreed. Ron Black motioned to have Engineer Larry Koshak make one contact on each permit with the eight property owners involved in the easements for the right of entry for the 101 project by the 13th of January, 1994. Larry Fournier seconded the motion. Motion carried unanimously. 5.2. Otsego Creek Authority. 5.2a. Update on ditch walk. On December 4, 1993, three Council Members, including the Mayor and Carl Swenson from the P.C., Albertville had three people and Engineers John Harwood and Larry Koshak from the City of Otsego were present. They drove and walked the creek and there is a lot of dead material in the ditches and culverts that needs cleaning. It wasn't as bad as they had anticipated, but it needs to be back -hoed and cleaned. Mr Koshak said the Corps of Engineers (BOWSR) and the DNR has responded. There is a set of ditch profiles which show the existing pipes and conditions. In a week or so the Engineers will finish with determining culvert size and flow of the channel. There is not a written report as of yet. Mr Koshak will correspond with Albertville on the matter. He will bring it back to the Council on December 27th. Mr Goenner asked how much and where will they clean out the ditch? Mr Koshak said at this point they don't know. The DNR will indicate what we can and can't do. A copy of plans was given to the people in the audience who were interested. Mr Goenner stated that 83RD St culvert is full. Mr Fournier asked if any money came into the discussion with DNR and Corps of Engrs. Mr Koshak said they asked, but didn't find any. The DNR has a new person who is replacing Mr Oshwald. Mr Beaudry's farm is where the problem starts. between the river and Mason they probably don't allow any channel change. Fish and wildlife will also be looked at. Above Mason Avenue, there is a chance that some work can be done, into Albertville. Mayor Freske asked how will we pay for the work? Mr Koshak answered he thinks a Taxing District could be established and the City can bond for it, or another way is hold an Assessment Hearing for a one time assessment. Mr Koshak will send a report to Albertville to review. Agenda Item 5.3. Obrian and 90TH ST NE, Otsego Acres. Larry Koshak explained that they had met with Mrs LuConic and CITY OF OTSEGO COUNCIL MEETING MINUTES OF 12/13/93 AT 7:30PM - PAGE 5 - she said she .was OK with the plan as long as there was no cost involved for her. Mr Koshak recommended that if the Council would consider another storm sewer project, this work should be part of it. It is too hard to find benefit for this type of work otherwise as it is just the local residents. The pond on Ms LuConics land can be lowered 1- 1/2'. If Mrs LuConic does develop her land the improvement may not meet the development needs. There was divaussion of storm sewer along 85TH ST and Odean Avenue. Larry Fournier asked if Mrs LuConic gave easements for a ditch? Larry said yes. Mr Steve Wiltermuth stated he is 3/4 of a mile from Hall's Pond and he paid $350.00 assessment and wouldn't the same process apply to this drainage? Mayor Freske stated that Halls Drainage was a lot bigger area. Mr Wiltermuth said the solution from his point of view is to put the culvert in right. More discussion was had on culvert with Mr Koshak. Mr Lindenfelser asked if the ponding East of Obrian was a problem. Mr Koshak didn't know legally if they had a right to do that berming. It probably should be removed. There is ponding on the West side that is deeper than the culvert. The City is responsible for wetlands. Ron Black suggested that we direct the City Engineer to do some history of the area such as who put what in and when. We can go from there, but the basic facts need to be known. He stated he wasn't sure the City has the authority to do anything about it. Mr Roden said the dam and pond was there when the Hall's Pond Project was done. Ron Black motioned to have Koshak do a history of the area on Obrian and 90TH Street NE, including the dam, etc, as soon as possible, with input from the City Attorney based on the facts discovered as to the City's responsiblilties. Doug Lindenfelser seconded the motion. Motion carried unanimously. Larry Fournier noted that he felt it is obvious we have a water problem and he would like to see a plan tied to this and someway to pay for it and make it work. Mayor Freske agreed, but there are so many water problems and everyone has a water problem, but nobody wants to pay. Agenda Item 5.4: Kadier Ave Bridge, partial payment Larry Koshak requested partial payment at this time. Floyd Roden motioned to pay the partial payment on the Kadler Avenue Bridge Project of $23,725.80 at this time. Ron Black seconded the motion. Motion carried unanimously. (See File 122893) CITY OF OTSEGO COUNCIL MEETING MINUTES OF 12/13/93 AT 7:30PM - PAGE 6 - Agenda item 5.5: LeFebvre's Watershed 5.5a: What to do. Black asked if it would be a good idea to adopt a moratorium on development until we get the easements? Black motioned to have Larry Koshak contact the City Planner to establish a moratorium on development until the necessary easements for LeFebvres Watershed are procured. Larry Fournier seconded the motion. Motion carried unanimously. 5.5b: Needham Avenue Mr Koshak said he had contacted Mr Schultz and his neighbor who had a blacktop driveway was negative about doing anything. They talked about it and Doug Lindenfelser came up with an engineering solution that might work. The idea was to put a culvert across the road before that last driveway and direct the water down and across Needham to the East. This cannot be done until Spring. Black motioned to have the Public Works Committee check out the water problem by Mr Schultz. Roden seconded the motion. Motion carried unanimously. Agenda Item 5.6: Any other Engineering Business Larry Koshak brought up that we should get the Attorney's opinion on drainage issues. Larry Koshak brought up that on the 101 access road, Mn/DOT has come to an agreement with the Werner's to buy them out and the route will be solved. They will do everything, but they want us to input as to alignment of the road. Larry Koshak brought up the #101 and #37 Mining Permit on Darkenwald's Land by Del Zentgraf. They claim they are not finished yet. There was some money problems. Darkenwald's are responsible for any ultimate problems. The Sub -Committee for Public Works need to meet again. They will meet on 12/22/93 at 2:30PM at the City Hall. Island View Signs and what has happened was brought up. Larry Fournier said they haven't done it yet. On Kadler and #39 and 85TH and #42 the reflectors have been installed by the County and they look good. Next Council Meeting the truck for maintenance, either bid or lease will be put on the agenda. Larry Koshak said we need to replace the culvert pipe on the existing road in Island View. On 81ST in Walesch Estates, the pipe water flows into a guys house and the culvert on the service drive by Tom Thumb is bent also. The consensus is by the Council that the City should fix pipes under City Streets. Agenda Item 6.3: Discuss Mn/Rd Proj. Mayor Freske said he received a call from Mn/Road Engineer and a letter. The Needham Ave ditch was seeded said Duane. Agenda Item 6.1. Employee Contracts. CITY OF OTSEGO COUNCIL MEETING MINUTES OF 12/13/93 AT 7:3OPM - PAGE 7 - Roden motioned to approve employee contracts. Ron Black seconded the motion. Motion carried unanimously. Agenda Item 6.2: Employee Policy Ron Black motioned a tentative adoption of the Employee Policy and refer the policy to employees for review and comments. Larry Fournier seconded the motion. Motion carried unanimously. Larry Fournier mentioned that he thought this' -should be reviewed on a yearly basis. Ron Black motioned that the regular scheduled Council Meeting for February 14, 1994 be scheduled to February 15, 1994 at 7:30PM due to conflict of time and Valentines Day. Larry Fournier seconded the motion. Motion carried unanimously. Floyd Roden motioned to approve the accounting contract for 1993 audit year in the amount of $4,450.00. Larry Fournier seconded the motion. Motion carried unanimously. Agenda Item 6.6: Consider clerical position for the office. Ron Black explained that last week the committee reviewed 10 prospective candidates. In October we adopted a position description and advertised for applications. A subcommittee of Jerry Perrault/Judy Hudson/Elaine Beatty did a qualifications review and pared the list down. Some were over qualified. Some were under qualified. There were 12 finalists. A test was given consisting of four or five separate skills, timed. Some people completed the test some didn't. In one situation, test results were used to eliminate candidates. Two persons dropped out. One didn't show. We ended up interviewing nine people. They were interviewed by Mayor Freske/Ron Black/Elaine Beatty and Judy Hudson for Jerry Perrault who was ill. We asked each candidate the same questions and rated them 1-4. We interviewed all people before anyone made any comments. After the interview, the total number score for each candidate was tallied. All four committee members rated the same four names for the top four positions. The test scores then came into place and two persons were bumped. That determined who the persons would be. Mr Black said he thought the process was very fair. The recommendations by the subcommittee are as follows: 1ST Choice - Carol Ann Olson, 2ND Choice - Eileen Glimpse The total subcommittee agreed on the top four candidates. Mayor Freske said we were at the process a long time. Mr Lindenfelser said that over -qualified bugs him. He wants a qualified person. Mr Roden said he looked over the applications, but he believes that they shouldn't be dis- qualified for being "over qualified". Mr Black said that the basic problem with over -qualified is you are perceived as being instantly dissatisfied as an employee. They can do more on earning ability and will take CITY OF OTSEGO COUNCIL MEETING MINUTES OF 12/13/93 AT 7:30PM - PAGE 7 - Roden motioned to approve employee contracts. Ron Black seconded the motion. Motion carried unanimously. Agenda Item 6.2: Employee Policy Ron Black motioned a tentative adoption of the Employee Policy and refer the policy to employees for review and comments. Larry Fournier seconded the motion. Motion carried unanimously. _ Larry Fournier mentioned that he thought this'should be adopted on a yearly basis. Ron Black motioned that the regular scheduled Council Meeting for February 14, 1994 be scheduled to February 15, 1994 at 7:30PM due to conflict of time and Valentines Day. Larry Fournier seconded the motion. Motion carried unanimously. Floyd Roden motioned to approve the accounting contract for 1993 audit year in the amount of $4,450.00. Larry Fournier seconded the motion. Motion carried unanimously. Agenda Item 6.6: Consider clerical position for the office. Ron Black explained that last week the committee reviewed 10 prospective candidates. In October we adopted a position description and advertised for applications. A subcommittee of Jerry Perrault/Judy Hudson/Elaine Beatty did a qualifications review and pared the list down. Some were over qualified. Some were under qualified. There were 12 finalists. A test was given consisting of four or five separate skills, timed. Some people completed the test some didn't. In one situation, test results were used to eliminate candidates. Two persons dropped out. One didn't show. We ended up interviewing nine people. They were interviewed by Mayor Freske/Ron Black/Elaine Beatty and Judy Hudson for Jerry Perrault who was ill. We asked each candidate the same questions and rated them 1-4. We interviewed all people before anyone made any comments. After the interview, the total number score for each candidate was tallied. All four committee members rated the same four names for the top four positions. The test scores then came into place and two persons were bumped. That determined who the persons would be. Mr Black said he thought the process was very fair. The recommendations by the subcommittee are as follows: 1ST Choice - Carol Ann Olson, 2ND Choice - Eileen Glimpse The total subcommittee agreed on the top four candidates. Mayor Freske said we were at the process a long time. Mr Lindenfelser said that over -qualified bugs him. He wants a qualified person. Mr Black said that the basic problem with over -qualified is you are perceived as being instantly dissatisfied as an employee. They can do more on earning ability and will take a job on a temporary basis. CITY OF OTSEGO COUNCIL MEETING MINUTES OF 12/13/93 AT 7:30PM- PAGE 8 - a job on a temporary basis Larry Fournier said his concern was that it was done fair and he felt it was. He asked why Carol Olson was picked over the other person. Ron answered that she seemed most qualified. Larry Fournier said we are after someone who can do the job. Larry Fournier motioned to accept the recommendation to hire Carol Olson full time for the office position starting January 1, 1994. Ron Black seconded the motion. Motion carried 3 to 2 with Black/Fournier and Freske voting approval and Lindenfelser and Roden opposing. Ron Black motioned to adopt the City of Monticello Fire Contract for $35.00 per parcel for one year (1994). Floyd Roden seconded the motion. Motion carried unanimously. Larry Fournier motioned to re -appoint the following members to the Planning Commission who's term are to expire the end of December, 1993: Ing Roskaft Mark Wallace Arleen Nagel -Alt. Gene Goenner Doug Lindenfelser seconded the motion. Motion carried unanimously. The letter regarding the St Michael Graduation Party, asking for funding was addressed. Elaine Beatty should write a letter to them saying that we can't donate public funds for this purpose. Larry Fournier motioned not to give the graduation party funding from the City. Ron Black seconded the motion. Motion carried unanimously. The door for the old city hall was discussed and it was on the contract with Head Start for them to install it. We should have them do the installation as part of the contract. The fire extinguisher for the stove in the New City Hall kitchen bid price is $850.00 used and $1,171.00 new. The Council decided not to put one in now as the stove is very rarely used. The Council requested a list of the donated items for the Holiday Party Auction and money received. Floyd Roden Motioned to re -invest the CD for one year in the amount of $280,000.00 at 4.2% interest. Ron Black Seconded the motion. Motion carried unanimously. Larry Fournier motioned to accept the EDA Advisory Commissions advice to turn down the offer to go with Wright County Economic Development Partnership. Doug Lindenfelser seconded the motion. Motion carried unanimously. Elaine Beatty should write a letter to this effect and state they should keep us posted. There was discussion of the Park and Recreation Budget and how much was allowed. There was $5,000.00 allowed for programs, etc. Larry Fournier informed the Council that the Office CITY OF OTSEGO COUNCIL MEETING MINUTES OF 12/13/93 AT 7:30PM - PAGE 9 subcommittee held their first meeting and discussion of a finance person was discussed, a lap type computer for the minutes and a backup computed was discussed and the office employees were asked to define their jobs so everyone knows where to start. The 6th of January, 1994 is the next meeting date. Doug Lindenfelser motioned to adjourn the meeting. Larry Fournier seconded the motion. Motion carried unanimously. r7-74',„ 6,41 NORMAN F FRESKE, MAYOR /;', FLO ODEN,'cpUNCIL it:17`1 RN BLACK," COUNCI _/- A TEST: Elaine Beatty/Deputy C rk Zoning Adm. EB