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02-28-1994 City Council MinutesSTATE OF MINNESOTA The regular Council Meeting of February COUNTY OF WRIGHT 28, 1994 was called to order at 7:30PM CITY OF OTSEGO by Mayor Norman F Freske. Also present were Doug Lindenfelser, Floyd Roden, Larry Fournier and Ron Black, Council Members. Jim Barthel, Treasurer, Elaine Beatty, Deputy Clerk/Zoning Administrator, Judy Hudson, Secretary, Larry Koshak, Engineer and Bob Kinnis, Asst. Planner were also . present. The Minutes of the February 15, 1994 Council Meeting were considered. It was noted that on the February 9, 1994 letter from Larry Koshak the amount should read $2,037.61, not $3,131.36. LARRY FOURNIER MOTIONED TO ADOPT THE MINUTES WITH THE ABOVE CHANGE. DOUG LINDENFELSER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Mike Koop of the State Historical Society appeared before the Council and congratulated them on the new building. He said he would like to show a video tape on local preservation programs. He works with the State Historic Preservation Office of the Minnesota State Historical Society. He works to establish Heritage Preservation Commissions. An Ordinance is two fold, on one hand history: 1. Identify properties (He explained how) He said they have a survey County by county of any structures historically significant. There are 50,000 different properties in the survey. 2. Evaluation of properties (Once they are identified, they need to figure out if they are important or not. He talked about Fletcher near Rogers. It is a traditional crossroads and it may become a National Register property. 3. Register those properties (if significant) list on national register of Historic places. There is a separate set of criteria to evaluate these. The local process is the second way of evaluating. (the process uses similar criteria). It occurs through a local ordinance which sets up certain criteria. The Heritage Preservation Commission makes recommendation to Councils for designating properties. They answer to the City Council. They have to have more than a local interest in creating a museum. The first thing to do is initiate an Ordinance. Then participate in a certified local government program. He passed out a brochure and explained further. Mayor Freske introduced Joy Swenson, Carl Swenson and Elaine Norrin who was in the audience and on the local Historic Committee. CITY OF OTSEGO COUNCIL MEETING MINUTES OF FEBRUARY 28, 1994 AT 7:30PM - PAGE 2 - Mr. Koop said in Otsego, only 12 properties are to protect historic buildings.locaeed The national the vey. He said commissions do this to try register does not do anything to protect the historic buildings. He expaWhd . ed further about Fletcher. It can provide tax incentives to property owners have income producing buildings. Grants help provide a measure e of erties protection. Local heritage protection commission will reviewy prop that are locally designated. A lot of this work is done by professional consultants. Some of the money will come from his office $75,000.00 will be given this year to twelve cities. He brought up their Newsletter. Larry Fournier asked if we were to establish a Historic Preservation rsb ldions? Commission and Ordinance, who is responsible to maintain these architects work Answer was, owners are. They have professional s with the owners. Doug Lindenfelser asked what if individuals choose to destroy the building? Mr Koop said if it isn't locally designated, they can idestroy ted, the Rochester Mayo House was destroyed. If the Ordinance p building has to be designated before it can be destroyed.to be gone through. It Ron Black said that a criteria and process needs is not just arbutrary . Mr Koop said that the criteria for the national register is very significant. There is a local, State and National level. He said the C o hetyof has is done with the assistance from the national park service or Frederick, Md. Doug Lindenfelser - Asked if changes would be a problem. Vinyl or metal siding, aluminum windows, etc. Mr Koop said usually they want as close to the original material as possible, but in St Paul they do allow viinyl that the property owners have a Ron Black said that the other sl significant structure, nails were rusting and the slate shingles were falling off and they put asphalt shingles on when the original slate had lasted0years and only the nails would have had to be replaced. Mike Koop said not every community is right for the heritage reservation commission. It could be that an archeological heritage and a fair p number of farm properties is what Otsego would have.. CITY OF OTSEGO COUNCIL MEETING MINUTES OF FEBRUARY 28, 1994 AT 7:30PM - PAGE 3 - Bob Kirmis thanked Mr Coop for taking the time to come to our meeting. It is the first step. A model Ordinance was discussed. Ron Black suggested that we consider this at our next Council Meeting. (The proposed Historical Ordinance) and move ahead. We should. . go through the process, establish a Commission and have the Commission go through the necessary analysis. There may be no need, but we can see what, we have and if no need is there, we can get the Commission disbanded. MIKE KOOP GAVE HIS NUMBER: 296-5451. Dick Berthiaume of Lakeland Ford appeared before the Council. He brought a sheet with a running balance and pay-off schedule for the truck. Mayor Freske said we still have to join the Joint Powers with the State. Mr Berthiaume said the price of the truck is the same as the last meeting he attended. Ron Black asked if a copy of the Lease had been sent to the City Attorney? Andy MacArthur has the proposed lease. Mr Berthiaume said it has no correlation with the purchase of the truck. It can be paid off anytime with 5.5% interest. Doug Lindenfelser asked about the time process. 120 days was answered. He asked if we want to go with the lease process or outright? Ron Black said several decisions need to be made. whether or not to: 1. Join the joint powers coop purchase with the State of Mn 2. How to purchase a. Lease b. Cash payment c. Bond Mayor Freske said if we don't join the Joint Purchase Agreement, we may have to send it out for bids. Larry Fournier said if we don't lease the truck, we have to go out for bids. We can pay outright with the Joint Powers Agreement. Ron Black said you can buy other items also. RON BLACK MOTIONED TO JOIN THE JOINT COOP PURCHASING VENTURE WITH THE STATE OF MINNESOTA AT THE PRICE OF $350.00 PER YEAR. DOUG LINDENFELSER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. CITY OF OTSEGO COUNCIL MEETING MINUTES OF FEBRUARY 28, 1994 AT 7:30PM - PAGE 4 - Mayor Freske said the next step is what do we want to do regarding the truck? Ron Black would like to investigate what it would cost to bond for something like this. Doug Lindenfelser said it costs a lot to bond. Mr Berthiaume said you can decide to buy the truck and decide how to pay for it later. FLOYD RODEN MOTIONED TO PURCHASE A FORD LT9000 TRUCK FOR $90,662.00 AS PER OUR QUOTE FROM LAKELAND FORD WHICH INCLUDES THE TRUCK BODY, HYDRAULICS AND PLOW EQUIPMENT. THE FINANCING WILL BE DETERMINED LATER. THIS TRUCK WILL BE BOUGHT THROUGH THE JOINT COOP PURCHASING VENTURE WITH THE STATE OF MINNESOTA. DOUG LINDENFELSER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. The Ford Truck will be on the Agenda of 3/28/94 to determine how to finance. OPEN FORUM: Duane Fiedler appeared before the Council in regards to the Safety Program for the Shop. He stated he had distributed the booklet of information and asked if they had any questions? The Council said they had received the information, but are still reading it. They will go over it at the Public Works Meeting. Mr Fiedler said he would appreciate any feedback. The Public Works Committee will look it over for possible recommendation of something for adoption. BOB KIRMIS: 6.1. Rudy Thibodeau - PUD Amendment & Variance Bob Kirmis explained that in 1992 a PUD/CUP was approve3d for Mr Thibodeau. The PUD was necessary to allow two primary buildings on a single lot of record. The Amendment to the PUD is to allow batting cages on the West part of the site. The following must be considered: 1. A minor subdivision 2. Vacation of existing drainage and utility easements 3 . A CUP to allow two principal buildings on one site 4. A Variance in setback CITY OF OTSEGO COUNCIL MEETING MINUTES OF FEBRUARY 28, 1994 AT 7:30PM - PAGE 5 - The second principal building is outlined. More refined plans will have to be brought forth. Variance - In the original PUD a similar variance was requested and approved. This is just West of the Tom Thumb and the liquor store has a rear yard set back of 10'. Mr Thibodeau would be put at a disadvantage if the variance was not granted. The variance should be considered first as it's approval is dependent on the approval of the PUD. Parking Lot Curbing: The planning report is all off. The future parking should have hard surface and premiter concrete curbing. The Planning Commission felt it wasn't necessary to construct a premiter concrete curb for the existing parking lot. The staff feels either a variance or it can be allowed by PUD. It should be justified by the City Engineer. The CUP/PUD is recommended for approval by the Planning Commission and NAC, subject to the following 19 conditions in the Finding of Fact: 1. Administrative approval of a minor subdivision to combine Lots 3 and 4, Block 1 of Mississippi Shores 6th Addition is received. 2. The City approve reduction of the existing utility drainage easement which divides said Lots 3 and 4 from 50 feet to 25 feet and the reduction of the easement on the south side of Lot 4 from 25 to 10 feet. 3. The City approve the requested site yard setback variance. 4. Phase 2 of the development (second principal building construction) comply with all applicable performance requirements (i.e., setbacks, off-street parking, etc.). 5. The submitted site plan is modified to show all off-street parking stalls, including those which currently exist. 6. Signage is provided at the site's eastern parking lot which identifies its one-way circulation. 7. The site plan is modified to illustrate specific trash handling areas. Per Ordinance requirements, all refuse must be screened from view of all neighboring uses and public rights-of-way. 8. Consideration is given to the future location of a loading area which must be constructed as part of Phase 2. 9. A continuous concrete curb is provided around all new of -street parking areas. CITY OF OTSEGO COUNCIL MEETING MINUTES OF FEBRUARY 28, 1994 AT 7:30PM - PAGE 6 - 10. Bicycle racks are provided on site and illustrated on the site plan. The racks should provide a capacity equal to one bicycle for each two game devices (batting cages). 11. The site plan is revised to illustrate existing septic system locations.12. 12. Consideration is given to identifying a future drainfield location which may be necessary as part of Phase 2 of the development. 13. A landscape plan is submitted which identifies the type, location and size of all proposed landscaping. 14. The City Engineer provide comment in regard to the impact the proposed fencing may have upon site drainage. 15. The future Phase 2 building footprint is sodded or seeded with grass. 16. All site signage comply with applicable provisions of the City Sign Ordinance. 17. The submitted grading plan is subject to review and approval by the City Engineer. 18. The site plan is modified to illustrate all exterior lighting locations. All such lighting should be hooded and directed to reflect away from adjacent rights-of-way and residential properties. 19. The applicant enter into a development agreement with the City and post all necessary securities. LARRY FOURNIER MOTIONED TO ACCEPT THE PLANNING COMNIISSION RECOMMENDATION AND APPROVE THE PLANNING COMMISSION'S RECOMMENDATION FOR A VARIANCE FOR A SETBACK OF LESS THAN 20' WITHIN A B-3 GENERAL BUSINESS DISTRICT. RON BLACK SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. RON BLACK MOTIONED ADOPTION TO GRANT RUDY THIBODEAU A PUD/CUP TO ALLOW TWO PRINCIPAL BUILDINGS ON A SINGLE LOT. DOUG LINDENFELSER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Ron Black said that so the record is clear, we are waving a curbing requirement for the existing facility as part of the PUD. All agreed. 6.2. LeFebvres Watershed Moratorium: CITY OF OTSEGO COUNCIL MEETING MINU1'hS OF FEBRUARY 28, 1994 AT 7:30PM - PAGE 7 - Bob Kirmis explained that the Council had asked the Staff to amend the Interim Ordinance to include a special exception for the Third Industrial Site. He read #5 of the Ordinance. Any development or portion of development related to that proposed project identifies as the "third industrial site" (Exhibit B), located within the watershed boundaries as delineated on Exhibit A, subject to approval of proposed stone drainage facilities by the City Engineer. Larry Koshak said that was the goal of the moratorium and explained. He said that those easements along the creek are essential to the drainage at this point. Bob Kirmis said that there is both a Resolution and an Interim Ordinance. RESOLUTION: LARRY FOURNIER RECOMMENDED ADOPTION OF THE RESOLUTION DIRECTING THE ESTABLISHMENT OF A DEVELOPMENT MORATORIUM OVER LANDS WITHIN THE "LeFEBVRE WATERSHED DISTRICT", THE BOUNDARIES OF WHICH ARE GRAPHICALLY ILLUSTRATED ON EXHIBIT A. FLOYD RODEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. INTERIM ORDINANCE: LARRY FOURNIER MOTIONED ADOPTION OF THE INTERIM ORDINANCE TEMPORARILY PROHIBITING APPROVAL OF DEVELOPMENT REQUESTS WITHIN THE "LeFEBVRES WATERSHED DISTRICT", THE BOUNDARIES OF WHICH ARE GRAPHICALLY ILLUSTRATED ON EXHIBIT A. RON BLACK SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Larry Fournier said this is for one year unless easements are required prior to that. LARRY KOSHAK: 7.1. Stone water study. Mr Koshak stated that the Council had requested a proposal on contours and Markhurd gave him a proposal. The 3rd page cost sharing 1 and 2 is for a total of 5,200 acres. The price has gone down considerably since the last quote. He explained the proposal. It went to the Frankfort Twp line and Mason Avenue, 9,000 acres the price was $48 - $50,000. plus surveying CITY OF OTSEGO COUNCIL MEETING MINUTES OF FEBRUARY 28, 1994 AT 7:30PM - PAGE 8 - which would be in the $60-$70,000. figure. This is a shortened version. LeFebvres Watershed, the City Hall and City property, it would cover West of Nashua by the back edge of the City property. The price is $4.13 an acre. The square mile price is $2,425.00 This is the 1994 flight and would be done in March and April and ready in July of 1994. Some of the areas we could have by May 1, 1994, like LeFebvre's Watershed. They would be done in Auto Cad Files which fits Hakanson-Anderson's Auto Cad. You can sell information to developers at $9.00 or $10.00 a square, so you can retrieve some money. Cost Fee Schedule: 1. Aerotriangulation, entire area $ 2,250.00 2. 1" =100' topographic mapping entire area TOTAL Plus cost of survey... Price is good for 90 day Doug Lindenfelser said some of the areas we already have developed. What will it prove to do those. Answer way drainage. Larry Koshak said you have to delineate watersheds. You need contours to delineate the watersheds. It will pay for itself in the long run. If somebody develops it will change. Ron Black asked if on a new plat does anybody require an as -built contour? Answer: Yes. The problem is converting as -builds into Auto Cad. The drainage is the main thing. He felt we should run this through Jerry Perrault for budget purposes. July is the earliest date we would receive this so we could target that date. THIS WILL BE ON THE APRIL 25, 1994 COUNCIL MEETING: MARKHURD PROPOSAL. 7.2. MSA PROJECT 1994: Larry Koshak explained that $392,359.00 for Construction funds, there is $25,000.00 not yet collected. The 1994 Construction allotment for MSA is $219,945.00. 1994 Funds Available: $367,360.00, Less $150,000.00 committed to the #37 and Odean project, which leaves $217,360.00 for a 1994 project. The possible 1994 projects were discussed by Mr Koshak. Quaday was a favored project. A Workshop will be scheduled to discuss the MSA Roads. $ 19,380.00 $ 21,630.00 CITY OF OTSEGO COUNCIL MEETING MINUTES OF FEBRUARY 28, 1994 AT 7:30PM - PAGE 9 - LARRY FOURNIER MOTIONED TO HAVE LARRY KOSHAK SEND A LETTER TO MARK BENSON OF Mn/DOT TO GET ON THE COOPERATIVE AGREEMENT FOR FUNDING. FLOYD RODEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Ron Black said he wholly supports Larry Koshak on Quady for cooperative agreements. Larry Koshak requested a workshop meeting of the Council to discuss MSA projects. DOUG LINDENFELSER MOTIONED TO HAVE A WORKSHOP MEETING RE: MSA ROADS, STORMWATER DRAINAGE AND MAPPING ISSUES ON MARCH 23, 1994 AT 7:30PM. RON BLACK SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 7.3. Otsego Creek update: Larry Koshak said that if sufficient easements are signed, we will prepare bidding documents. They have 12 left to be signed. Only 6 of them are major issues. Larry Fournier and Floyd Roden will work on signatures. 7.4. ISTEA Application Consideration: 1995 ISTEA Project enhancement funds for walking and hiking trails. The program is for the shoulder along #42 and #39, which are Co Roads. They have been designated for bike trails. There is money proposed for the County to put up signs said Larry Koshak. There are three areas; Otsego Co Park, Otsego Elementary School Playground and the Otsego Prairie Park. We have to build shoulders for trails. $246,100.00 is the cost of the project. Purchase of right-of-way on John LeFebvres property and on Nashua is necessary. We would increase the $246,100.00 amount, it would go up. $184,575.00 Federal Share and $61,525.00 Local Share. At least 20% has to be paid by the City, which counts for -0- points. If 50% is paid, it counts for 100 points. They put it in at 25% and $61,521.00 would be the City's share. Floyd Roden said we went at 25% because we figured there was a chance of getting the money with that, to get the points up. This is a link of the Great River Road and it fits the overall plan. These type of facilities gain CITY OF OTSEGO COUNCIL MEETING MINUTES OF FEBRUARY 28, 1994 AT 7:30PM - PAGE 10 - the most points in applications. This will link Historical sites. You have to find the money to do the project and then you get the money back. Larry Koshak said he needs an official signature on the application if the Council agrees. RON BLACK MOTIONED TO PROCEED WITH THE ENGINEERS NUMBERS OF $246,100.00 GRANT, WITH THE LOCAL SHARE OF $61,521.00 FOR ISTEA. LARRY FOURNIER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. FLOYD RODEN MOTIONED TO APPROVED THE RESOLUTION TO AUTHORIZE THE APPLICATION OF THE ISTEA GRANT. DOUG LINDENFELSER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Mayor Freske said that Mary Dare signed the easements and that the letting date is March 25, 1994 on the #101 project. 7.5. Any other Engineering Business. Larry Koshak brought up the Wetlands Draft Ordinance and said he recommends the Planning Commission review this as soon as possible. LARRY FOURNIER MOTIONED TO HAVE THE PLANNING COMMISSION REVIr;W THE WETLANDS DRAFT ORDINANCE AND HOLD A HEARING AS SOON AS POSSIBLE. DOUG LINDENFELSER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Larry Koshak brought up the letter from Wayne Fingalson regarding the Levee. County #37 and Odean is in process and he is meeting with Wright County on the appraisal said Larry Koshak. 8. COUNCIL ITEMS: 8.1. Discuss informational meeting Re: Sludge. Currently the County does not allow spreading sludge. An informational meeting for farmers should be held and Steve Stark will come to explain and we can see if there is any interest. Ron Black asked why don't we find out from Andy MacArthur if we have any jurisdiction, then pick a time for an informational meeting? Agreed. 8.2. Snowmobile Ordinance Committee (set date) CITY OF OTSEGO COUNCIL MEETING MINUTES OF FEBRUARY 28, 1994 AT 7:30PM - PAGE 11 - Ms Jean Ahers was present. Ron Black said he can open the snowmobile meeting. Tuesday, March 22, 1994 at 7PM was set for the Snowmobile Committee Meeting for organization regarding snowmobile regulations. It will be noticed in the paper and information will be mailed to the persons who have signed up for the committee. 8.3. Public Works Sub -Committee Nothing new now. Larry Fournier read a Resolution that the City of Hibbing wants us to join a bill for MnIUSA Snowmobile Club, Horse Club, Motel Association, Campgrounds, Civil Justice Colition, DNR, ETC. and suggested that the City of Otsego approve a Resolution. LARRY FOURNIER MOTIONED TO SUPPORT THIS RESOLUTION AND SIGN IT AND SEND OUR COPY TO THEM. FLOYD RODEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. (SEE RESOLUTION ATTACHED TO MINUTES) 8.4. Adm. Sub -Committee. Ron Black reported on the 2/23/94 meeting. Computers are being installed. The League of Cities have been contacted for information on sexual harassment training. We are trying to add to our list of Building Supervisors. We are looking at map storage. Mayor Freske brought up: 1. Mandates: We sent a resolution and got an answer back from Senator Paul Welstone. 2. Albertville Friendly City Days sent an invitation to attend same 3. March 15, 1994, there is a waste hauling meeting at the County at 10:30AM - At 1PM a weeds meeting the same day. 4. 3/16/94 there is a Mayors meeting in buffalo. FLOYD RODEN MOTIONED TO JOIN THE WRIGHT COUNTY MAYORS ASSOCIATION AND PAY THE $150.00 DUES. LARRY FOURNIER SECONDED THE MOTION. MOTION CAR TED UNANIMOUSLY. Floyd Roden brought up the Park and Rees Meeting next Tuesday 3/8/94 at 7:30PM. He asked the Council to attend. They will be discussing the City Hall Site and map/survey. PAY BILLS. CITY OF OTSEGO COUNCIL MEETING MINUTES OF FEBRUARY 28, 1994 AT 7:30PM - PAGE 12 - Larry Fournier referenced the EDA Informational Meeting. The Advisory Commission will discuss what came up at that meeting and they will recommend to the Planning Commission to continue on or go elsewhere to another site. The Assessment Manual Meeting will be March 17, 1994 at 4PM at City Hall with Larry Fournier and Mayor Freske. FLOYD RODEN MOTIONED TO ADJOURN. LARRY FOURNIER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. CITY OF OTSEGO: -. `" a- fir., F FRESKE, MAYOR D UG (LINDENFEL FLOYD BODED, COUNCIL LARRY RON BLACK, COUNCIL AT ELAINE BEATTY, DEPUTY CLERK/ZONING EB R. COUNCIL