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03-14-1994 City Council MinutesMINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF OTSEGO, IN THE COUNTY OF WRIGHT AND THE STATE OF MINNESOTA REGULAR SESSION MARCH 14, 1994 - 7:30PM CITY HALL 1. CALL TO ORDER The Otsego City Council met in regular session and was called to order by Mayor Norman F Freske. at 7:30PM. ROLL CALL: Mayor Norman F Freske, Councilmembers Doug Lindenfelser, Larry Fournier and Ron Black . Councilmember Floyd Roden was absent. Also present were Jim Barthel, Treasurer, Elaine Beatty, Deputy Clerk/Zoning Administrator, Judy Hudson, Secretary, Larry Koshak, Engineer,Bob Kirmis, Assistant Planner and Andy MacArthur, Attorney. 2. CONSIDERATION OF MINUTES: The Regular Council Minutes ofZ28/94, Page 7, the Resolution should read"LARRY FOURNIER" Motioned to adopt. DOUG LINDENFELSER MOTIONED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF 2/28/94 AT 6:30PM. RON BLACK SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. LARRY FOURNIER MOTIONED TO ADOPT THE REGULAR COUNCIL MINUTES OF 2/28/94 AT 7:30PM. DOUG LINDENFELSER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. WES WITTKOWSKI. FROM DAVID MINGE'S OFFICE TO DISCUSS POST OFFICE Wes Wittkowski appeared before the Council. He is from Congressman David Minge's Office. He discussed a Post Office for The City. He commented on the number of Zip Codes we have. He had Contacted Lori Renoir in Washington DC and was told that we need a population of over 7,500 or 2,500 households to qualify for a post office. They have limited funds He discussed the ways in which we could proceed. Strong local support is necessary and it would require an address change for a lot of people. Local Post Office support is necessary. The Congressman will support the Council in it's decision. Councilmember Larry Fournier and Mayor Norman F Freske volunteered to work on a committee to obtain a Post Office in Otsego. Mr Wittkowski also said they received a letter regarding the levee in Otsego from the County Engineer. He said the levee had not been inspected in 1990 as requested. He said after contact with the Corps of Engrg he felt there would be an inspection this Spring. They will continue to work with the Corps on this item. 4. MIKE SIEG. WRIGHT CO DEPUTY SHERIFF - INTRODUCE HIMSELF - DISCUSSION. He appeared later on in the meeting. Introduced himself and Chris Haley, Deputy. He said he would be stopping in from time to time. He asked if there were any questions. The Council welcomed them and said they thought it was a good idea. 5. TOM HYSELLLARCHITECT FOR OTSEGO ELEMENTARY SCJIOQL - REVIEW OF SITE AND PLANS. MINUTES OF THE MEETING OF MARCH 14,1994 AT 7:30PM - PAGE 2 - 5. Continued: Mayor Freske welcomed Tom Hysell and Supt. David Flannery. The Otsego City Staff met on Wednesday and he has been reviewing their suggestions. The main change is the width of the drive aisle. (32' recommended). He said that is not a problem. The septic system is being reviewed by the MPCA they have a number of permits and reviews. Building Inspector, Jerry Olson said he was at the Staff Meeting and has no questions. Mr Hysell said the holding pond will probably not be holding anything at this time. If it is a problem, they will fence it. Larry Koshak said the freeze and thaw cycle would create an accumulation of water and we are concerned about safety. It is • • important to keep traffic off of the septic area. Mr Hysell reported that due to the elevation it would be almost impossible to drive on it. Mr Koshak said from #42 entrance to the parking area would be a rural section with no curb and from that point on it should be curbed. Tom Hysell saw it different. The bus area, off street should accommodate parking. He said the intention is to handle all the cars and this school has more parking than any of the schools, including the High School. It could be posted as no parking. Bob Kirmis reported NAC and the Planning Commission recommended approval of the School Building and subject o 18 conditions in NAC's Report of February 17, 1994, with an additional two conditions. RON BLACK MOTIONED ADOPTION OF '1'11E PLANNING COMMISSION'S RECOMMENDATION OF THE OTSEGO ELEMENTARY SCHOOL SITE AND BUILDING PLANS WITH THE 20 CONDITIONS. DOUG LINDENFELSER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Tom Hysell noted that the School District and City may want to review how the ball fields are maintained. Councilmember Black noted that the School District and Elk River are working on at least one joint district pertaining to ball fields. Dr David Flannery indicated to the Council that tomorrow night the School District is reviewing bids on the school and they are very excited about breaking ground this Spring. 6. OPEN FORUM STEVE WILTERMUTH - appeared before the Council and asked about what is being done to help the water problem at 89TH and Obrian. Mayor Freske told him we will be discussing that under the Engineering items. 7. BOB KIRMIS. NAC 7.1. See #5 Above (Otsego Elementary) This item was addressed above 7.2. Floyd Roden. Oday Acres - Preliminary & Final Plat Bob Kirmis explained the Oday Acres proposed preliminary and final plat which is located on Odean and 78TH ST . It is one acre lots. He explained the plan. The Planning Commission and NAC has recommended approval of the preliminary and final plat of Oday Acres, subject to seven conditions of NAC's Report of February 18, 1994 and two added conditions as follows: 1. The submitted grading plan is subject to review and approval by the City Engineer 2. All park land dedication requirements are satisfactorily met. 3. The submitted development plan is modified to illustrate a manner in which lots may be re - subdivided in the future. 4. The developers enter into a development agreement with the City and post all the necessary securities required by it. 5. All restrictive covenants applicable to the subject subdivision are subject to review and approval by the City. Such covenants must include the following conditions: MINUTES OF THE MEETING OF MARCH 14, 1994 AT 7:30PM - PAGE 3 - A. All houses and buildings constructed on property within the plat shall be sited consistant with future subdivision plan and shall be typical for urban development with regard to future lot lines and shall meet City and County standards for existing lot lines. B. The driveway for Lot 1 shall be located proximate to the lot's Western boundary and shall be provided a turnaround space so as to discourage the backing of vehicles onto 81ST Street. C. Direct driveway access to Odean Avenue shall be prohibited on Lot 8 of the plat. D. Direct driveway access to 78TH Street shall be prohibited on Lot 8 of the plat. 6. All outbuildings which currently exist on the property are removed. 7. The existing home on the property meet all applicable provisions of the Uniform Building Code. Councilmember Black commented that part of the motion, Item 5: recommendations, he didn't think we should rely on restrictive covenant. A,B,C,D, should be incorporated into the Developers Agreement and not rely on the restrictive covenant. Attorney MacArthur felt these should be reviewed with the Developer and some could be incorporated into Deed Restrictions. Councilmember Black felt they should be incorporated to be on-going. Attorney MacArthur said if we add these to the Developers Agreement we would not need any further covenant. Mr Demars agreed. RON BLACK MOTIONED TO ADOPT THE PLANNING COMMISSION'S RECOMMENDATIONS, AS SET FORTH IN THE FEBRUARY 18, 1994 MEMO FROM NAC, WITH THE TWO ADDITIONAL ITEMS THAT WERE ADDED BY THE PLANNING COMMISSION. ITEM #5 A - D SHOULD BE INCLUDED AS RESTRICTIONS ON A DEED AS PER ANDY MAC ARTHUR'S MEMO OF MARCH 8,1994. DOUG LINDENFELSER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Outbuildings were discussed and the applicant has not yet reviewed the buildings. 7.3. Otsego Historical Ordinance RON BLACK MOTIONED TO SEND THE HISTORIC PRESERVATION ORDINANCE TO THE PLANNING COMMISSION FOR A HEARING. DOUG LINDENFELSER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. The City Attorney and the City Planner will review the Ordinance and make recommendations before it is brought to the Planning Commission. 8. LARRY KOSHAK. ENGR 8.1. See #5 above, (Otsego Elementary) Addressed above 8.2. Otsego Creek Authority/Taxing District Mr Koshak explained they met on 3/9/94 and the Authority approved the specifications on removing debris from the creek. March 22, 1994 is the walk through on the creek with the DNR. They will identify trees to cut. That will be added to the specifications (number of trees). Councilmember Fournier suggested the culverts be cleaned first to make sure they are done. The Contract will continue until December 31, 1994. The Authority will meet again after the walk through. The bids will come to the City of Otsego. 8. 2. Otsego Creek Authority/Taxing District Engr. Koshak explained the map of the proposed Taxing District. He will have half -sections MINUTES OF THE MEETING OF MARCH 14, 1994 AT 7:30PM - PAGE 4 - prepared with the PID Number. Notices will be prepared and sent out by the City. Attorney MacArthur said we need two Hearings. An initial Hearing to establish a Taxing District and a Levy Assessment Hearing. There needs to be a two week period between hearings. LARRY FOURNIER MOTIONED TO HAVE A PUBLIC HEARING TO ESTABLISH THE TAXING DISTRICT ON THE OTSEGO STORM WATER TAXING DISTRICT ON APRIL 26, 1994 AT 7:30PM. RON BLACK SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. k. Larry Koshak said the creek cleanout is based on the main channel, but there are about three other channels. Andy MacArthur said there is no right of appeal to this Hearing, only to the amount of the tax levy. 8.3. Any other Engineering Business Odean and #37: Appraiser Howard Ellis and Dick Marquette, Co Right-of-way and Larry Koshak met with landowners on this project. Response has been positive. Mr Cullinan was on vacation so they haven't talked to him yet. If the Third Industrial Site does not become a reality we will have to negotiate with Mr Lindenfelser also for right of way. Original compensation was estimated at 812,500.00, it is now $25,000.00 approximately. It will be paid in compensation, as opposed to construction damages, so will be almost the same amount because of reduced construction costs. Agreements with landowners to establish compensation will be brought back to the Council. Striping Contract: LARRY FOURNIER MOTIONED TO RECOMMEND HAVING ODEAN AVENUE STRIPED. RON BLACK SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Letter from Wright Co Re:Wetlands Larry Koshak recommended Item #2. We wish to receive notice of projects located only one square mile radius of the City or Twp limits. MOTION BY DOUG LINDENFELSER TO INCLUDE ITEM #2 ON THE LETTER FROM WRIGHT COUNTY AS ABOVE STATED. LARRY FOURNIER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Watershed Area for the Urban Service Area The Council has a proposal for photography for the above mentioned. At the Workshop Meeting of 3/23/94 we can discuss and if agreed upon we can proceed. 89TH and Obrian The problem is groundwater. The culvert has been flowing all winter. The groundwater has reached a maximum level where it flows out in that area. There is not much we can do with groundwater. It has to reduce before we see relief. STEVE WILTERMUTH said surface water removal will affect the groundwater. They will get the DNR involved. MR WILTERMUTH said the water leaving LuConics pond is directly affecting the groundwater by their houses. He mentioned the culvert on Nashua and more water being brought in by it. He was told this didn't bring in more water. It was set by the DNR Councilmember Fournier asked if we would have to assess to pay for the solution to the water problem? Mr Koshak suggested a Taxing District be set up. Some discussion was had on assessments and Halls Pond Project. Discussion on watersheds was had. MR WILTERMUTH said he had heard a rumor he had built in a swamp. He said a Elm and MINUTES OF THE MEETING OF MARCH 14,1994 AT 7:30PM - PAGE - 5 - Oak forest is not a swamp for the record. He mentioned Mr McDowell and water in his yard. 9. ANDY MAC ARTHUR. ATTORNEY 9.1. See 8.2 above (Otsego Creek Taxing_District) Already addressed 9.2. Information on Bonding The City Truck Bonding would cost $1,500.00. From Briggs and Morgan it would cost $800.00. He has a Resolution we need to pass to do the bonding for the truck. Councilmember Black wants to know if it would be cheaper to Bond or Lease. THIS WILL BE ON THE COUNCIL AGENDA OF 3/28/94. 9.3. Any other Legal Business Attorney MacArthur brought up the Wild and Scenic Ordinance should have 1-1/2 weeks left before we hear from the DNR. Mayor Freske asked Attorney MacArthur to come to the Council Meeting of 3/28/94 because of the Riverwood Liquor Set Up License renewal is on the agenda. Some discussion was had on liquor licenses in general. 10. CITY COUNCIL ITEMS: 10.1. _Disms_Sexual Harassment Training Attorney MacArthur recommended we hold a training session to protect the City with defense. LARRY FOURNIER MOTIONED TO HIRE THE LEAGUE OF MINNESOTA CITIES FOR A TWO HOUR SESSION ON SEXUAL HARASSMENT TRAINING. DOUG LINDENFELSER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. It was noted that the Council and Staff and Commissions will be asked to attend. An evening schedule for the meeting other than the night a Council or Planning Commission meeting is held. It will be mandatory for the Council and all full and part time employees to attend. Elaine Beatty was asked to check with the League of Cities and set up a date for the session. Attorney MacArthur said the personnel manual sexual harassment wording should also be discussed at this training. 10.2. Information from City Commissions a. Planning Commission Councilmember Black reported that the Planning Commission has reviewed the school site and Oday Acres Plat . b. Park and Rees (map) Mayor Freske reported the site plan for the City Hall site was discussed and Merlin Otto from the City Engineers Office will bring a finished map back to us. Councilmember Fournier felt the line should be considered further to the West to include more land in the City Hall Site. MINUTES OF MARCH 14, 1994 AT 7:30PM - PAGE 6 - c. Otsego Creek Authority Councilmember Fournier said six temporary easements are yet to be signed. March 22, 1994 a creek walk is planned. The Otsego Attorney is drawing up the contract documents. d. #728 Rec. Commission Ron Black reported they met this noon. The Board reviewed a proposed policy for field use guidelines from the City of Elk River and Elk River School District. They directed Jeff Ashfal to work with Elaine Beatty to draw up an addendum to the Personnel Policy so the Park and Recs. • Secretary will have the same rules. P Adm Sub -Committee No information as they didn't meet. f. Public Works Mayor Freske and Councilmember Lindenfelser explained they met March 3, 1994. Bids were taken on street sweeping. They are contracting with T & S for sweeping as needed, not to exceed $2,000.00. Pick up broom $52.00/hr X30 hrs = $1,560.00 Water Truck $100.00/hr = $ 100.00 ESTIMATED SWEEPING COST $2,010.00 How much salt on roads was discussed. They decided to continue as is. Billing for snowplowing was discussed $75.00 per event for snowplowing and sanding. $55.00 per event for sanding was agreed upon. Purchasing a pup trailer was discussed. 'Tires for the truck discussed. Culverts discussed. The Public Works would like to spend more money on roads. Councilmember Black suggested the committee look at a culvert flusher. Some reflective vests have been purchased. 10.4. Any other Council Business Judy Hudson brought up the road postings, and said it is working well. CLEAN UP DAY was discussed and Ms Hudson passed out sheets with prices to consider. Discussion was had. RON BLACK MOTIONED TO APPROVE THE PRICES OF $5.00 PER APPLIANCE, $1.00 EA . FOR SMALL TIRES, $5.00 EA. FOR LARGE TRUCK TIRES, AND ANYTHING CONTAINING SPRINGS $5.00 EA. DOUG LINDENFELSER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Councilmember Lindenfelser noted the City Employees should not be paid for Cleanup Day. They should volunteer. More discussion was had. Mayor Freske brought up the upcoming meetings. Councilmember Fournier brought up the EDAAC meeting tomorrow night and invited the Council to attend. Discussion of rates for City Hall Rental was brought up by Judy Hudson. She would like to see a damange deposit for County Political Groups. DOUG LINDENFELSER MOTIONED TO CHARGE $400.00 DAMAGE DEPOSIT FOR THE COUNTY POLITICAL CONVENTIONS AT THE CITY HALL MEETING ROOM. RON BLACK SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Discussion on the Assembly of God Church renting the City Hall for Sunday Church Service. MEETING OF MARCH 14,1994 AT 7:30PM - PAGE 7 - LARRY FOURNIER MOTIONED TO CHANGE THE PERSONNEL MANUAL SPECIAL MEETING FROM THE 28TH OF MARCH AT 6:30PM TO APRIL 11, 1994 AT 6:30PM. MOTION CARRIED UNANIMOUSLY. RON BLACK MOTIONED TO DIRECT THE CITY ATTORNEY AND CITY PLANNER TO PROVIDE A DETAILED RESPONSE SETTING FORTH THE CITY OF OTSEGO'S DIFFICULTIES WITH THE DNR AND WILD AND SCENIC ORDINANCE AND INCLUDE THE • COSTS, AFTER THE WEEK AND ONE HALF HAS PASSED. LARRY FOURNIER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Jim Barthel, Treasurer distributed copies of the treasurer's report. Discussion on same was had. He informed the Council that the last of the good CD's was maturing next week. He asked for a recommendation of what to do with it. It is for $258,000.00. The Council advised him to go with the Bank of Elk River for 15 -months at 5%, after discussing. RON BLACK MOTIONED TO ADOPT THE RESOLUTION 94-74 FOR MN/ROAD. LARRY FOURNIER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Elaine Beatty brought up BIG ED'S on Hwy. 101 and 72ND ST NE. Discussion was had. LARRY FOURNIER MOTIONED TO WRITE EDWIN DAUPHINAIS A LETTER TO REMIND HIM THAT THE TIME IS EXPIRED AND HE SHOULD CONTACT THE CITY. IT WILL BE TURNED OVER TO THE CITY ATTORNEY. THIS ITEM WILL BE ON THE COUNCIL MEETING OF 3/28/94. DOUG LINDENFELSER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Councilmember Fournier asked to have the reason for a PUD -vs- CUP clarified for the Big Ed's Trailer Sales. DOUG LINDENFELSER MOTIONED TO ADJOURN THE MEETING. LARRY FOURNIER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 11PM MEETING ADJOURNED. , COUNCILi'IEMBER FLCQ`UNCILMEMBER LARRY RN 1 R, COUNCILMEMBER ON BLACK COUNCILMEMBER ATTFS : ELAINE BEATTY, DEPUTY CLERK/Z,ONIN- ADM. (CITY SEAL)