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09-12-1994 City Council MinutesCC9894.WPS CITY OF OTSEGO REGULAR COUNCIL MEETING OF THE CITY OF OTSEGO, COUNTY OF WRIGHT, IN THE STATE OF MINNESOTA, SEPTEMBER 12, 1994. REGULAR COUNCIL MEETING 9/12/94 - 7:30PM 1. MAYOR NORMAN F FRESKE WILL CALILMEETING TO ORDER: Mayor Norman F Freske called the meeting to order at 7:30PM ROLL CALL: Norman F Freske, Mayor, Doug Lindenfelser, Floyd Roden, Larry Fournier and Ron Black, Council were present, also present Jerome Perrault, Clerk, Jim Barthel, Treasurer, Elaine Beatty, Deputy Clerk/Zoning Administrator and Judy Hudson, Secretary. Professional Staff present were: Larry Koshak, Engineer, Bob Kirmis, Assistant Planner and Andy MacArthur, Attorney 2. CONSIDERATION OF MINUTES: FLOYD RODEN MOTIONED APPROVAL OF MINUTES OF AUGUST 16, 1994. DOUG LINDENFELSER SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. DOUG LINDENFELSER MOTIONED APPROVAL OF REGULAR COUNCIL MINUTES OF AUGUST 22, 1994. RON BLACK SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. With one correction, Larry on Pg.5 should read Larry Koshak. LARRY FOURNIER MOTIONED APPROVAL OF SPECIAL BUDGET MEETING MINUTES OF AUGUST 25,1994. FLOYD RODEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. RON BLACK MOTIONED APPROVAL OF SPECIAL COUNCIL MINUTES OF AUGUST 29, 1994. DOUG LINDENFELSER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. FLOYD RODEN MOTIONED APPROVAL OF SPECIAL BUDGET MEETING MINUTES OF AUGUST 31, 1994. DOUG LINDENFELSER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. DAN GREENE - DISCUSSION OF INSURANCE FOR 1995 RENEWAL: Dan Greene appeared before the Council stating he has gone to other insurance companies for quotes. They are with the League of Minnesota Cities. It is a Trust program. He explained the premiums. CITY OF OTSEGO REGULAR COUNCIL MEETING MINUTES OF SEPTEMBER 12, 1994 Page 2 Premiums for last year were $14,032.00. This years are $14,908. 00. The additional premium is because we have grown in some areas, not because of a premium increase. Workmen's Comp. rates have stayed the same. The increase in payroll is the reason for the insurance increase. Dan Greene asked if there was any questions? Ron Black said we used the $25,000.00 as the budget base. Are there any other additional insurance that you are aware of? Dan Greene said it included the Workmen's Comp and Property Insurance, adding the Short Term Disability. It is all covered under the $25,000.00. We should talk about an umbrella liability insurance. All municipalities in Minnesota have a $600,000.00 umbrella. Elk River bought a liquor store,(a proprietary business) so they bought higher insurance to protect the city. We want to bring to your attention to some options for you to review with your legal counsel. You would get a feel of where somebody could sue you, etc. Larry Fournier said we don't have umbrella insurance now. If we don't change anything, would we need it? Ron Black asked about City Hall rentals? Dan Greene said there has been research done on that. When renting out the hall, we require people to buy liquor liability or get a letter from their homeowners insurance. The league says that as long as you follow those guidelines you will be covered. Ron Black asked if he'd reviewed that information? Dan Greene said yes. Floyd Roden asled if there is a difference in what homeowners covers. Dan explained, with homeowners, if your not selling liquor, your ok. Norman F Freske asked Judy Hudson if she was comfortable working with Mr. Greene? Judy Hudson said yes, we work well together. Andy MacArthur asked if this includes the price for open meeting law coverage. Do they have a rider on inverse condemnation coverage? Mr Greene said no, it is not available. Mayor Freske thanked Dan Greene. CITY OF OTSEGO REGULAR COUNCIL MEETING MINUTES OF SEPTEMBER 12, 1994 Page 3 OPEN FORUM: :► 1►'► 1' 1 1 ► 1 A u 1 l I 1► 1 I►: ► Norman F Freske opened the hearing. Elaine Beatty noted that notices were published and posted. Meeting was turned over to Andy MacArthur. He has gone over the snowmobile ordinance without getting into the content. The ordinance restricts snowmobile use and restricts operation in a platted area. Andy is looking at the Statutes. The Snowmobile Ordinance needs to be reformatted with codification and definition. Definition applies to all platted areas. The original Townsite of Otsego is platted, even if not used as such. Parts have been vacated. Technical terms for all terrain vehicles and recreation vehicles needs to added. It can be reformatted by one of the next couple of council meetings. Mayor Freske asked for any comments, stating that this is a public hearing. LARRY FOURNIER MOTIONED TO CLOSE THE PUBLIC HEARING. FLOYD RODEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Doug Lindenfelser asked if this ordinance pertains to three wheelers. Answered yes. Doug said there is a special permit which can be issued for Ag. use. If someone would have to use the platted area to run on the road, would this be ok? Andy McArthur said yes, but he wanted to double check that. Ron Black suggested a penalty provision. Violation would be a misdemeanor with a $700.00 fine 90 days in jail or both, plus costs for prosecution. They could plead to petty misdemeanor for $50.00 or $75.00. Larry Fournier said on Item 2 - The Old Town site, leave it the way it is and if we have problems we can correct them at that time. Floyd Roden agreed. Norman F Freske recommended that Andy McArthur refine the snowmobile ordinance for 9/26/94 Council Meeting. RON BLACK MOTIONED TO HAVE CITY ATTORNEY PLACE THE SNOWMOBILE AND OTHER RECREATIONAL VEHICLE ORDINANCE IN THE PROPER FORM INCLUDING THE CORRECTIONS WITH ADOPTION ON SEPTEMBER 26, 1994 COUNCIL MEETING. FLOYD RODEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. CITY OF OTSEGO REGULAR COUNCIL MEETING MINUTES OF SEPTEMBER 12, 1994 Page 4 6. HEARING ON LE FEBWRES WATERSHED MORATORIUM AMENDMENT TO THE ORDINANCE: Mayor Norman F Freske opened the Hearing. Elaine Beatty said notices were published and posted. Bob Kirmis Explained. It is an amendment to the Lefebvres Watershed Moratorium . He explained further the topos being received by aerial photography. The boundary, as illustrated on the map, was incorrect and it differs where it traverses the Mary Dare property. This amendment changes the map to delineate the watershed district. Larry Koshak said the Markhurd aerial shifted the line over to the West as it pertains to the MRD plat. A small portion is in the Lefebvres Watershed District. It is our opinion that development would not impact the Lefebvres Watershed District. MOTION BY DOUG LINDENFELSER. SECONDED BY FLOYD RODEN TO CLOSE THE LEFEBVRES WATERSHED DISTRICT HEARING. MOTION CARRIED UNANIMOUSLY. Ron Black questioned what are we accomplishing? Larry Fournier said we are changing the map because of the new topos. It more accurately defines the Lefebvres Watershed. Bob Kirmis said we are trying to have an accurate map. Ron Black questioned, regarding the P.C. meeting, are there any other changes that could be made? Larry Koshak said it is not the final, it is only one particular change that could occur. More discussion. More change could occur, because of developing being requested. Norman F Freske asked if in another couple of months we could have another hearing? Answer yes. Andy MacArthur explained. There is a moratorium and we have to accurately define it. Larry Fournier said he would rather see the change in the entire watershed, than pick this little piece out. Doug Lindenfelser said the developers on this lot are concerned. RON BLACK MOTIONED TO CONTINUE THE HEARING ON THE LEFEBVRES WATER SHED TO THE SECOND MEETING IN OCTOBER . CITY OF OTSEGO REGULAR COUNCIL MEETING MINUTES OF SEPTEMBER 12, 1994 Page 5 LARRY SAID WE CLOSED THE HEARING. RON BLACK MOTIONED. LARRY FOURNIER SECONDED TO REOPEN THE PUBLIC HEARING. MOTION CARRIED UNANIMOUSLY. RON BLACK MOTIONED TO CONTINUE THE HEARING TO LEFABVRE WATERSHED MORITORIUM ORD. AMENDMENT FOR OCTOBER 24, 1994 AT 7:30PM OR TIME THEREAFTER. LARRY FOURNIER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Ron Black would like clarification as to can the developer present information or plat until the moratorium is off. Andy MacArthur said discussions could be had. Ron Black said everything could be in place and when the watershed is taken care of it can be all ready to roll. Larry Koshak said we have a sketch plan. Bob Kirmis said a sketch plan can be done and ready to go. Andy MacArthur read from the moratorium. He interpreted it that, as long there is no process going on, they are ok. Doug Lindenfelser asked what the date was. Andy MacArthur said one year from the date of passage, but the Council can change that. Ron Black said the goal was to have it done then. 7. BOB KIRMIS, NAC: 7.1. CHRIST LUTHERAN CHURCH, PASTOR GREG PAGH, 15849 NE 90TH ST, OTSEGO PID #118-500-221101, SEC. 22, TWP.121, R23. REQUEST FOR A VARIANCE FROM THE OFF STREET PARKING PERFORMANCE STANDARDS AS PROVIDED FOR IN OTSEGO CITY ORDINANCE. (SEE PC MINUTES OF 9/7/94) Bob Kirmis explained the parking lot is temporary in nature and would be removed within three years. CITY OF OTSEGO REGULAR COUNCIL MEETING MINUTES OF SEPTEMBER 12, 1994 Page 6 Bob Kirmis talked about the ordinance reg: dations. All parking lots to be surfaced with asphalt, etc. and concrete curb. He talked about future building sites. Christ Lutheran Church does not wish to build a parking lot that is temporary in nature. NAC feels no genuine non -economic; hardship exists and does not meet the variance requirements. For this reason and for future precedent our office has recommended denial of the request. This is our recommendation. RON BLACK MOTIONED TO ADOPT THE RECOMMENDATION OF THE P.C. FLOYD RODEN SECONDED THE MOTION. MOTION FAILED. (FLoyd Roden, Doug Lindenfelser and Larry Fournier opposed, Ron Black and Norman F Freske in favor) LARRY FOURNIER MOTIONED TO HAVE CITY PLANNER AND CITY ENGINEER SIT DOWN WITH THE CHURCH LEADERSHIP AND COME UP WITH AN ALTERNATIVE PLAN. FLOYD RODEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Doug Lindenfelser said they want to use a portion of it without the bituminous overlay and remove it after three years. I don't see why that is a problem. Norman F Freske agreed but concerned that if it is five or six years, then it is not considered temporary. Ron Black said we have required everyone else to put in a paved lot and I have a problem with this temporary stuff. I cannot support it. I would support the motion for denial. We have to uphold the City's ordinances. Doug Lindenfelser said one concern is that you are throwing away money if it is a temporary lot. Jack Holms said the parking lot in that area is exactly where the next phase of the church expansion would go. The parking lot would be there two winters. Could you put a clause in the variance stating that in two years it would have to be paved? Doug Lindenfelser asked if this could be done as a CUP? Bob Kirmis said sharing the parking lot with the bank could be a possibility. Mr. Holms talked to the Bank of Elk River, and their parking is on the West side of the building. There is about a six foot grade differential between the two properties. CITY OF OTSEGO REGULAR COUNCIL MEETING MINUTES OF SEPTEMBER 12, 1994 Page 7 Larry Fournier said one problem is the church not having room to park. Parking on Co.39 and Co.42 would be a problem. Jack Holmes said the parking lot was roped off so no one could park on it. They were parked all over yesterday. Andy MacArthur and Bob Kirmis had discussed it, and as a variance, it cannot work. Larry Fournier asked about the safety issue. That is some kind of a hardship isn't it? Andy MacArthur said no and explained further. Ron Black asked if it is possible to have some sort of a contract etc.? With a security being posted. Andy MacArthur said you have to fit it into the structure of the ordinance. Bob Kirmis said that sets a precedent also, you are trying to get around the ordinance. Doug Lindenfelser said if an agreement can be reached and documented I have no problem with that. Andy MacArthur recommended the City meet with Christ Lutheran Church and come up with something. Norman F Freske said the problem is if you let it go there will be more people asking for the same thing. Larry Koshak said when 88th Street is constructed there would be parking on both sides of the road, so there would be roughly 20 spaces there.(88th Street will be much lower than their present parking lot.) Bob Kirmis said cmhat about parking in the unimproved right of way? Larry Koshak said there has to be a pipe in there. Doug Lindenfelser asked about the parking lot that was defined in the new ten acres. More discussion was had. Mr. Holms said they did not cut the parking lot down because they did not have a place to put the dirt. Your ordinance states one parking stall for four seats. We use one space for every two seats. Doug Lindenfelser asked if this could be done thru a developers agreement? CITY OF OTSEGO REGULAR COUNCIL MEETING MINUTES OF SEPTEMBER 12, 1994 Page 8 Andy MacArthur said it could, but we have to get a structure. Bob Kirmis said what about 90 degree parking in the boulevard of 88th Street. Ron Black said the P.C. had two motions, one was to deny the variance and the other to direct us and staff to look at other alternatives. 7.2. MARK A PLUDE FOR JOHN GEORGE,INC PID #118-500-263408 REQUEST FOR REZONING FROM AG -1 TO I-1, INDUSTRIAL AND INTERIM USE PERMIT (PUD). (SEE PC MINUTES OF 9/7/94). Bob Kirmis had a question for the applicant. He questioned the minor variance the applicant requested. He was wondering if they are dropping the PUD request. Wally Odell has laid out in his letter where he feels they are. He agreed with most of the information in NAC's Report. He is recommending basically the same things we did. You choose a CUP and a developers agreement. Look at the minor variance procedure as set out on the Zoning Ordinance. He felt they fall into the minor variance area. They have been burnt in the past. Wally explained the hardship they are dealing with. We have met the substantial requirements. I like to keep things simple wherever possible. He talked About a Staff Meeting with David Licht and the generic uses and I-1 property. Pludes have sold their property and are moving. The Council has the authority to treat this as a minor variance. Bob Kirmis explained that this has not been viewed in regards to the variance. You can not grant a use variance. They are also requesting a temporary approval. A variance is a permanent right granted to a property. The criteria states the hardship shall not be economic in nature. It is our opinion a PUD is a better way to address this. Wally Odell did''t agree. A minor variance is put in there in these cases. We want to be able to use it as ft is until the economic situation changes. I feel we have met the requirements. Andy MacArhtur felt they would not need a variance. You can not have a time limited variance. Under other provisions we have a solid date and a contract with some security on that. Larry Fournier asked if we would grant the minor variance would they have to bring the property up to the ordinance standards? Andy MacArthur said if it is not processed as a variance and it has gone thru the P.C. under a different issue, that is a problem. Another question is are you withdrawing, if it is not processed as a variance? This council needs to consider whether they have a recommendation or not. CITY OF OTSEGO REGULAR COUNCIL MEETING MINUTES OF SEPTEMBER 12, 1994 Page 9 Larry Fournier questioned Mr. Odell as to why he does not like the PUD. Wally Odell stated that it is complicated, expensive and requires an engineer, attorney, planner and a developers agreement. This is a limited piece of property with limited prospects. Granting a minor variance would keep it simple. He feels the Council has the authority to do that. Bob Kirmis said typically, when we have a minor variance, it is basically where there are no issues involved. We are dealing with a number of issues, use related that go beyond the setback issue. It is not a simple issue. I have confidence the applicant will keep the property tidy, etc. Andy said precedents is a problem, we should say it is clearly on Hwy 101 so we don't have other people coming in for the same. If a variance is denied it could be appealed in district court. Wally Odell said we have not formally requested a variance. I think Bob Kiurndis agrees that we suggested other alternatives. He had a chance to look at the variance issue. I am bothered by Andys precedent argument. I disagree on that. I think it nonsense. This parcel of land is the only improved parcel of land on any corner from Frankfort to the Mississippi River and the only parcel zoned Industrial by Wright County. There is no precedent for anything here. The City can treat this as a request for a minor variance. If they are concerned with outside storage we will go along with an application for it if needed. Continuing to put this off only hurts the owners. It is so simple, so why are we making such a tough deal of it. Doug Lindenfelser agreed with Mr. Odell, make it simple, but look at the City's standpoint too. LARRY FOURNIER MOTIONED TO ACCEPT THE P.C. RECOMMENDATION TO REZONE FROM A-1 TO I-1. RON BLACK SECONDED. MOTION CARRIED UNANIMOUSLY. RON BLACK {M`OTIONED ADOPTION OF THE REMAINDER OF THE P.C. RECOMMENI9ATION. LARRY FOURNIER SECONDED THAT BECAUSE IT STILL GIVES THEM WHAT THEY WANT. MOTION CARRIED UNANIMOUSLY. Ron Black said he would like to know the difference between the PUD concept and the minor variance. I am troubled by the term variance. I did read the ordinance sections, but how they relate, I don't know. I would like the information. If there is a way to modify this PUD business then we can do that. I am not prepared at this point to delay this matter. There are significant time constraints. He asked for more information and modify this if necessary. If Wally Odell is right I wouldn't have a problem doing it his way. Norman F Freske said we had a public hearing and now we are going over it again. Ron Black said it was stated that the applicant wanted to use the property with no or minor changes at the P.C. CITY OF OTSEGO REGULAR COUNCIL MEETING MINUTES OF SEPTEMBER 12, 1994 Page 10 Wally Odell said they want an "as is" use for a limited period of time. The Pludes asked about the date. Ron Black suggested the date contemplates the completion date of Hwy101, so in the future someone knows that these two things are tied together. Agreement will be done by our Attorney and Planner soon. 7.3. ANY OTHER PLANNING BUSINESS: Bob Kirmis brought a memo regarding a two -car garage amendment to the City ordinance. The P.C. asked our office to look into the issue of a two stall garage, part of this direction related to the outdoor storage problem. The City has existing outdoor storage requirements. If this is in response to outdoor storage, there is an ordinance in place, it is probably not appropriate. If a two stall garage would enhance the public welfare, it probably does have a place. Exclusionary Zoning may be a problem. It has been in the courts. Last Wednesday it was discussed at the P.C. Motion lost on split vote at P.C. Council does have the power to initiate amendments. P.C. originally asked for this information in answer to Larry Founders question. Larry Fournier talked about reviewing the Comp Plan. Bob Kirmis said we are looking at an amendment to expand our immediate service area. Norman F Freske and Larry Fournier and Floyd Roden, both felt we should look at the whole Comp Plan. Bob Kirmis asked if this is a joint meeting of P.C. and Council. Ron Black asked if we should instruct the P.C. to detail a timeline to review the comp plan? Yes was the answer. MOTIONED BY LARRY FOURNIER. SECONDED BY DOUG LINDENFELSER TO HAVE THE PC WORK ON THE COMP PLAN AND SET UP A JOINT MEETING WITH THE PC. MOTION CARRIED UNANIMOUSLY. Ron Black would like to see a time line as to when the project would be scheduled and how broken down. THE TWO CAR GARAGE ISSUE WILL BE PUT ON THE NEXT COUNCIL MEETING AGENDA FOR COUNCIL REVIEW AND DECISION IF A HEARING IS WARRANTED. CITY OF OTSEGO REGULAR COUNCIL MEETING MINUTES OF SEPTEMBER 12, 1994 Page 11 8. ANDY MAC ARTHUR, RADZWILL LAW OFFICE: 8.1. RESOLUTION FOR BONDING FOR THE MUNICIPAL WELL IN OTSEGO: We have a letter from the Bank of Elk River for 5.75.%, the Marquette Bank for 6.25%, Edward's Jones Co. of Elk River are not interested. Dave Kennedy , Holmes and Graven has provided a Resolution awarding it to Bank of Elk River at 5.75%. Jerry Perrault has the other material. RON BLACK MOTIONED ADOPTION OF RESOLUTION CALLING FOR PLACEMENT OF $210,000.00 GENERAL REVENUE BONDS TO THE BANK OF ELK RIVER FOR 5.75% FOR BOND. MOTION SECONDED BY DOUG LINDENFELSER. MOTION CARRIED UNANIMOUSLY. 8.2. CODIFICATION OF ORDINANCES DISCUSSION: Andy MacArthur explained he would meet with Elaine Beatty and go over the ordinances and if the Council agrees with the numbering, it will be staff typing. 8.3. ANY OTHER LEGAL BUSINESS: Andy MacArthur talked to Elaine Beatty about Harefield Farms and Fee recovery. He recommended that the Council give authorization to send a letter and after that, authorization to go to conciliation court to make the judgments. LARRY FOURNIER MOTIONED TO HAVE THE CITY ATTORNEY SEND A LETTER TO HAREFIELD FARMS. DOUG LINDENFELSER SECONDED TO GIVE THEM 30 DAYS TO PAY THE BILLS, IF NOT IT GOES TO CONCILIATION COURT. MOTION CARRIED UNANIMOUSLY. Ron Black prefers to see if the land owner has any issue in that. Larry Fournier said we need a letter going to the Municipal Board asking them to continue the hearing. RON BLACK MOTIONED, IF NECESSARY A LETTER BE DRAFTED ASKING FOR CONTINUATION OF THE HEARING REGARDING ANNEXATION. FLOYD RODEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Larry Fournier asked Andy MacArthur to explain the contract, if we could reach a contract how would it work? Would it be binding in court? CITY OF OTSEGO REGULAR COUNCIL MEETING MINUTES OF SEPTEMBER 12, 1994 Page 12 Andy MacArthur said if the Municipal Board became a party in that contract the Attorney Generals Office takes the position that the Municipal Board has sole jurisdiction so they would not recognize the contract. Jurisdiction is the main issue. There is no assurance of enforceability. Andy MacArthur requested the date for special assessment ordinance be set for October 10, 1994, at 8 PM. 9. LARRY KOSHAK, HAKANSON ANDERSON AND ASSOCIATES: 9.1. UPDATE ON FINN/ROAD PROJECT ON JALGER AVENUE: FINN/RD They have 90% graveled 7/8 mile. FWD went over the pavement but no results yet. Mn/DOT needs additional information to determine if we have accomplished what the Fins require. They will meet tomorrow at 9AM with the Finnish people. Larry Koshak will attend. He said it was a great experience working with the different entities. It was difficult, a few rough spots, but it all came out well. The machine should be in the September 20th from Finland. They are talking about doing some turn lanes on 70th St. and 77th St., Primarily Jalger. Larry Koshak will let everybody know when they pave. Norman F Freske thanked the Maintenance Dept. for doing a good job. 9.2. IMPROVEMENT PROJECT 94-3A - UPDATE ON WELL CONSTRUCTION: The main well has been drilled and they are about ready to start pumping. We should have a timetable by the end of September. Traut Well has done a good job. 9.3. IMPROVEMENT PROJECT 94-3B - PARTIAL. PAYMENT FOR WATERMAIN CONST: Partial payment #1 for that project. He recommends{'approval to pay $48,000.00. Council would like to wait until next week. We have to send papers to the County auditor to complete, on the Bonding. FLOYD RODEN MOTIONED. RON BLACK SECONDED TO PAY PARTIAL PAYMENT $48,524.57 TO R. L LARSON ON WATERMAIN CONSTRUCTION. MOTION CARRIED UNANIMOUSLY. 9.4. MUNICIPAL WELL #1, IMPROVEMENT PROJECT 94-3C - PUMP CONTROLLER AWARD QUOTES. Larry Koshak recommends awarding improvement project 94-3C to Electro Mechanical Industries, Inc. for $10,623.000.00. Other bids received: States Electric Mfg. Co. A.M.P. Manufacturing & Supply, Inc. $13,147.00 $15,703.55. CITY OF OTSEGO REGULAR COUNCIL MEETING MINUTES OF SEPTEMBER 12, 1994 Page 13 DOUG LINDENFELSER MOTIONED TO AWARD THE BID FOR $10,623.00 TO ELECTRO MECHANICAL INDUSTRIES FOR PUMP CONTROLLER. RON BLACK SECONDED. MOTION CARRIED UNANIMOUSLY. Larry Koshak noted that the supplier wants a purchase order or authorization so they can proceed. FLOYD RODEN MOTIONED. RON BLACK SECONDED TO HAVE JERRY PERRAULT OR ELAINE BEATTY WRITE A LETTER TO ELECTRO MECHANICAL INDUSTRIES CONFIRMING THE AMOUNT FOR $10,623.00. MOTION CARRIED UNANIMOUSLY 9.5. TRANSPORTATION CONCEPT PLAN FOR PLANNING DISTRICT #4 Larry Koshak explained the amendment to concept plan. LARRY FOURNIER MOTIONED TO SEND THIS ITEM TO P.C. AND INCLUDE THE EDAAC COMMITTEE TO ALSO REVIEW THIS. FLOYD RODEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Ron Black wondered if they could ask a few questions? Specifically on the land that is north of Co.42 and east of Parrish Avenue. Lynn Caswell raised the question of the lots of Mary Dare property west of proposed Quaday. Those lots get to be too deep for developing or commercial purposes and as a result there was the rational for an additional access to Parrish Avenue, between Co.39 and 85th Street. What about all the property East of Quaday, access wise? Larry Koshak said the main issue is access to collector streets. It is difficult to show commercial lot access. For MRD commercial park, all we have is a sketch plan, until the moratorium is off When they come in with a plan, we can figure out how to serve those particular parcel We can't address it until it comes before us. Having approval delayed until we get the stormwater established. This sometimes works out for the best. Floyd Roden questioned Alt. #1, is that going to be a problem crossing, with the floodplain there? Larry Koshak said this should be looked at, around the creek it will be tough. In review of the Comp Plan you should take a look at this property. Because of assessments comming in, you should be able to afford that. The line shown there is about the line where we can take the ridge down. Larry Fournier said we should put the road in the poor area and save the good land for development. Floyd said the road also has to serve development. CITY OF OTSEGO REGULAR COUNCIL MEETING MINUTES OF SEPTEMBER 12, 1994 Page 14 Larry Koshak said the road can be below the floodplain. This line can be further defined. This is a concept plan for our minor collector. Larry explained the alternatives. Ron Black questioned the corridor with so much being in a floodfringe, can it be filled. Larry Koshak said parking lots and holding ponds can be put in floodplain. The majority of the water will come down thru the creek area. The flood fringe can be filled and taken out of floodplain. Major fillings require you give equivalent volume replacement. On the storm water drainage plan maybe we should emphasize the LeFebvre Watershed area. Some of the other areas are already taken care of. LeFebvre Watershed is the largest and is closest to the development stages. 9.6. ANY OTHER ENGINEERING BUSINESS: Larry Koshak brought up the situation by the levee and FEMA flood map. That levee is not a certified levee, therefore FEMA does not recognize it. If certified the FEMA mapping can be revised and taken out of the floodplane. To get it certified it could mean that the levee has to be raised, etc. To be analyzed by the Corps. to find out what the tools would be to certify the levee. Ron Black said if it doesn't take too much time or money we would be able to tell the residents this is what it is. His concern is should the City hire an Engineer or the individual landowner hire one? Larry Koshak said there is a possibility for grant money to fix the levee. Doug Lindenfelser suggested that we ask Wayne Fingalson, Wright County Engineer and the County Commissioner to get us the information to apply for grant money. LARRY FOURNIER MOTIONED. FLOYD RODEN SECONDED, TO HAVE OUR ENGINEER SEND A LETTER TO WAYNE FINGALSON (cc to Pat Sawatske) REGARDING CERT. THE LEVEE. MOTION CARRIED UNANIMOUSLY. Larry Fournier is suggesting a workshop meeting to discuss Engineering concerns, projects, etc. We need to put everything on the table. Larry Koshak stated his contract was signed in 1990 and it hasn't changed. Everyone should be familiar on how we charge our fees, etc. LARRY FOURNIER MOTIONED TO HAVE AN ENGINEER WORKSHOP MEETING ON THURSDAY NOVEMBER 3, 1994 AT 7:30PM. RON BLACK SECONDED. MOT CARRIED UNANIMOUSLY. CITY OF OTSEGO REGULAR COUNCIL MEETING MINUTES OF SEPTEMBER 12, 1994 Page 15 10. CITY COUNCIL ITEMS: 10.1. SET HEARING DATE FOR SPECIAL ASSESSMENT ORDINANCE: FLOYD RODEN MOTIONED TO SET THE DATE FOR SPECIAL ASSESSMENT ORDINANCE HEARING FOR MONDAY OCTOBER 10, 1994 AT 8PM. RON BLACK SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 10.2. SET 1995 BUDGET (LEVY) AMOUNT: Discussion of budget LARRY FOURNIER MOTIONED TO HAVE ELAINE BEATTY CHECK WITH ROD AT THE COUNTY AUDITORS OFFICE AND GIVE US SEVERAL EXAMPLES OF TAXES AND MEET ON WEDNESDAY AT 7:30 9/14/94. RON BLACK SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 10.4. BOARDS AND COMMISSIONS: a. EDAAC: Meet tomorrow evening at 8:01. b. P.C. : Was discussed earlier c. PARKS AND RECS: Meet tomorrow night. safety camp was wonderful. d. #728 PARKS AND RECS BD: Ron Black said annual meeting of Rec. Board October. 13,1994 at 7:30 at Otsego City Hall. All City Council's and Park commissions will be invited to attend. e PUBLIC WORKS: Dave Chase regarding the interviews for a Public Works Employee. They did eight interviews. Thomas Phillips applied in May of 1993. He works at Hassan now, does all the tractors, trucking and maintenance. We did go back thru the applications and Thomas Phillips is our first recommendation. RON BLACK MOTIONED. LARRY FOURNIER SECONDED TO ADOPT THE RECOMMENDATION OF THE PUBLIC WORKS COMMITTEE, HIRING TOM PHILIPS. MOTION CARRIED UNANIMOUSLY. Dave Chase will call the applicants tomorrow. Thomas Phillips will receive the same salary as Curt Otterness and receive the same insurance. CITY OF OTSEGO REGULAR COUNCIL MEETING MINUTES OF SEPTEMBER 12, 1994 Page 16 f. OTSEGO CREEK AUTHORITY: The sentence to serve will walk the creek tomorrow. g. ADM SUB -COMMITTEE: We met for budget. 10.5. ANY OTHER COUNCIL BUSINESS: Norman F Freske brought up the Cokato meeting 2PM, LMC Environmental initiative Gateway Chamber, manufactures week LMC 2000 And others DAYTON COUNCIL MEETING IS 9-19-94 6PM At Dayton City Hall. COUNCIL IS INVITED, THREE MEMBERS WERE ABLE TO ATTEND. 10.6. ADJOURN BY 11PM: ADDENDUM: MAYOR APPOINT A 5 -MEMBER COMMITTEE CONSISTING OF TWO MEMBERS OF THE P.C., TWO MEMBERS OF THE EDAAC AND PRESIDENT OF THE EDA TO LOOK AT A THIRD INDUSTRIAL SITE AREA. (PER MOTION OF THE COUNCIL OF 8/8/94) Norm F Freske appointed Larry Fournier as president to the committee and Doug Lindenfelser as alternate. The P.C. and EDAAC will appoint their own two people and alternates. LARRY FOURNIER MOTIONED. FLOYD RODEN SECONDED TO ACCEPT THE TREASURERS REPORT. MOTION CARRIED UNANIMOUSLY. Larry Fournier brought up the bulletin board by Roger Kirscht. Roger Kirscht is working on it. OYD RODEN MOTIONS I. RON BLACK SECONDED TO ADJOURN. TION CAR ' i 0.4 . e USLY. NORMAN F FRESKE, MAYOR RON BLACK, COUNCIL CITY SEAL: DOUG UNCIL LAINE BEATTY, DEPUT, CLERK/ZONING ADM. CITY OF OTSEGO REGULAR COUNCIL MEETING MINUTES OF SEPTEMBER 12, 1994 Page 16 f. OTSEGO CREEK AUTHORITY: The sentence to serve will walk the creek tomorrow. g. ADM SUB -COMMITTEE: We met for budget. 10.5. ANY OTHER COUNCIL BUSINESS: Norman F Freske brought up the Cokato meeting 2PM, LMC Environmental initiative Gateway Chamber, manufactures week LMC 2000 And others DAYTON COUNCIL MEETING IS 9-19-94 6PM At Dayton City Hall. COUNCIL IS INVITED, THREE MEMBERS '. 0 ATTEND. e 10.6. ADJOURN BY 11PM: ADDENDUM: MAYOR APPOINT A 5 -MEMBER COMMITTEE CONSISTING OF TWO MEMBERS OF THE P.C., TWO MEMBERS OF THE EDAAC AND PRESIDENT OF THE EDA TO LOOK AT A THIRD INDUSTRIAL SITE AREA. (PER MOTION OF THE COUNCIL OF 8/8/94) Norm F Freske appointed Larry Fournier as president to the committee and Doug Lindenfelser as alternate. The P.C. and EDAAC will appoint their own two people and alternates. LARRY FOURNIER MOTIONED. FLOYD RODEN SECONDED TO ACCEPT THE TREASURERS REPORT. MOTION CARRIED UNANIMOUSLY. Larry Fournier brought up the bulletin board by Roger Kirscht. Roger Kirscht is working on it. i FLOYD RODEN MOTIONED. RON BLACK SECONDED TO ADJOURN. MOTION CARRIED UNANIMOUSLY. NO M 1V F FRESKE, MAYOR FLO , i AriBLAC , COUNCIL CITY SEAL: ELAINE BEATTY, DEPUTY CLERK/ZONING ADM.