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11-14-1994 City Council MinutesCC-NOV94.WPS CITY OF OTSEGO REGULAR COUNCIL MEETING IN THE CITY OF OTSEGO, COUNTY OF WRIGHT AND STATE OF MINNESOTA. REGULAR COUNCIL MEETING NOVEMBER 14, 1994 - 7:30PM 1 MAYOR NORMAN F FRESKE WILL CALL MEETING 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, RON BLACK, COUNCIL MEMBERS WERE PRESENT. Also present were Jim Barthel, Treasurer, Elaine Beatty, Deputy Clerk/Zoning Administrator,Judy Hudson, Secretary, and Dave Chase, Maint. Sup. Professional Staff present as follows: Larry Koshak, Engr., David Licht, Planner and Andy MacArthur, Attorney. 2. CONSIDERATION OF MINUTES: 10/24/94 regular council meeting: RON BLACK MOTIONED APPROVAL, DOUG LINDENFELSER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 10:24/94 emergency council meeting: LARRY FOURNIER MOTIONED ADOPTION, DOUG LINDENFELSER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 10/27/94 special council meeting with Dayton: Larry Fournier said in Roll Call it should read Ron Black not "Rod" LARRY FOURNIER MOTIONED ADOPTION WITH CHANGE ABOVE, DOUG LINDENFELSER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3 CONSIDER APPROVAL OF AGENDA- ANY DELETIONS OR ADDITIONS• A. CANVASS ELECTIONS: RON BLACK MOTIONED TO APPROVE, LARRY FOURNIER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. I► 1 • S►' t 14 TERM : Larry Fournier suggested we put this on the Nov. 24,1994 7:30PM Council Agenda. All agreed. C. CONSIDER DIRECTING STAFF TO START WORK_ON ASSESSMENT MANUAL: Larry Fournier said he asked to have this put on the Agenda. We need an Assessment Manual to complete the project. Larry explained. He suggests that we CITY OF OTSEGO COUNCIL MEETING MINUTES OF NOVEMBER 14, 1994 AT 7:30PM - PAGE 2 - direct our staff to begin working on that manual. Andy MacArthur said he has an outline. Norm Freske asked if there is any particular timetable? As soon as possible. LARRY FOURNIER MOTIONED TO DIRECT THE STAFF TO BEGIN WORKING ON THE ASSESSMENT MANUAL. NORMAN F FRESKE SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Ron Black asked if this is the Street assessment? Yes was answered, it will include everything said Andy MacArthur. Maybe we should work on the streets and bring it back when we get to the sewer in D. Assessment Policy E. Memo on Wright Co. Transportation Study Larry Koshak will attend this meeting. F. US West Application: RON BLACK MOTIONED TO APPROVE, LARRY FOURNIER SEOCNDED THE MOTION. CITY ENGINEER WILL REVIEW AND SEND IN. MOTION CARRIED UNANIMOUSLY. 4 CURT BRFKKF - FROM MIDWEST ASSISTANCE PROGRAM, INC RURAL DEVELOPMENT SPECIALISTS WILL DISCUSS THIS PROGRAM 4. 6,1 '6 1: .► :► AVAILABLE: Curt Brekke appeared before the Council and had some information with him. He explained the RCA program. They deal with rural programs and solid waste and sewer programs. He said Elaine Beatty had contacted him. We met with her this afternoon. He has been covering all of Minnesota but he recently had a head on car collision. He said he understands we do not have any facilities here, other than the trailer park. They just wrote the information for State Water Operators. He asked what they wanted him to do. He talked about the sewer and water for Dayton /Frankfortland Otsego. LEAP project was discussed. Andy said it is a pilot program. There are several State and Federal programs that do have funds available said Mr Brekke. December 1st, 1994 there will be a big re- organization - REA's or REC's will be in the funding program looking to help with funding. He explained further. It is a volunteer basis. It will be a big change. EPA Construction grants program is ceased. He asked if we had any septic problems now. He said he understands Connie Menator is our contact. He said you should pick a couple Board Members to have an adhock committee. There is no cost to the public entity. This is technical assistance. They have 5 Engineers on staff. They can help fund the planning effort. There are a couple of new organizations being formed. Larry F said he feels we can use all the help we can get. He would like us to pass a Resolution requesting their help said Curt. US Health and Farmers Home. will disappear with the reorginization. They do have room now to take on another project. He is recovering from a traffic accident now. CITY OF OTSEGO COUNCIL MEETING MINUTES OF NOVEMBER 14, 1994 AT 7:30PM - PAGE 3 - Larry Fournier asked if there would be a conflict with two different agencies? Andy said no. You can use in kind staff time to match. They will provide money for Engineering and put out bids for us. Ron asked when the next meeting was set. Norm Freske will try to contact Frankfort and Dayton to get it lined up. They are working with the MilleLacs Band and the City of Garrison. He explained the other projects and one in Duluth. Larry Fournier asked typically what percentage of the project do they find money for. Curt said they can get generally 100% - With 50% in kind. Andy MacArthur asked if all three Cities qualify. They are facilitators and coordinators and they do not do the actual Engineering and Planning. He felt they would qualify. 5 TOM AND ELAINE OSBORNE - 8160 PackardAve - discussion of the ordinance regarding home extended businesses: Tom and Elaine Osborne were present. Mr Osborne explained what he is doing in the neighborhood. Norm Freske said we had some complaints. There is some outside storage. Mr Osborne said whoever is complaining should talk to him. He said he is getting the feeling that Otsego is not friendly to small businesses. He said they have basically a backhoe and another vehicle. We run the business from our home. They have a lot of small businesses in the neighborhood. He explained the different type. What is it that I am doing that is so wrong that the City cannot put up with, Tom asked? Jerry Olson explained. He said to goes back about a year. They received complaints. The business employees parking there and the business ongoing. Tom set down with us. We discussed it. He is running an illegal home extended business. Mr Osborne may feel we are the bad guy. The people complaining think we are the good guys. Boulders, railroad ties, dirt, etc. Mr. Osborne said he has a patio with a timber retaining wall. He wants to put in a bolder retaining wall in the back yard. He has a bobcat, a small truck and a couple of pickups that they drive. Only he, his son an wife operate the business. Jerry Olson said the Staff agrees he is running an illegal Home Extended Business and he is here to appeal to you as to what can be done, ordinance change, etc. Ron Black would like staff to prepare and present a report so they know what is going on here. Mr Osborne said he would like Otsego to be more friendly to small businesses. There are a lot of us out there. I don't feel Otsego is singling me out, but then again I do. Norm Freske said he has dug through the files and he has a record, but he agrees we need to look at it. CITY OF OTSEGO COUNCIL MEETING MINUTES OF NOVEMBER 14, 1994 AT 7:30PM - PAGE 4 - Ron Black disagreed and said he does not know what is going on here. Mr Osborne can have a time where we can all intelligently discuss what is going on here, we need to have more information. December 12, 1994 the Council can look at this. RON BLACK MOTIONED, FLOYD RODEN SECONDED TO HAVE TOM OSBORNE'S DISCUSSION OF HIS HOME EXTENDED BUSINESS ON DECEMBER 12, 1994. SO WE CAN GET MORE INFORMATION FROM THE BUILDING INSPECTOR, STAFF AND MR. OSBORNE. MOTION CARRIED UNANIMOUSLY. Larry F said we had asked the City Planner to give us a policy on Home Extended Businesses. The EDAAC is looking at the policy. We are in the process of addressing this. 6. OPEN FORUM: Jeff Bartheld appeared before the Council. He stated he would like to get the Great River Road Fest back on the road again. Floyd Roden said the Parks and Rees discussed it. Otsego Lions are willing to help. We need members also. He is willing to do anything he can to help out. 7. BOB KIRMIS - ASST PLANNER: Bob Kirmis appeared before the Council. 7.1. Consider subdivision in MRD Commercial Park LOT I, BLOCK 1, 2ND :el •I1 /. _ : 1. • 1 . 1• .' ..11.1 ,11• •. 1. DI_ Johnson, Gene Kreuser and Arlon Fuchs: Bob Kirmis explained the request 2.8 A Commercial building site located S of 88th and E of 42. Mr Kreuser has no specific plans at this time. MRD Commercial Park 2nd Addition, Lot 1, Block 1. He read from NAC's Report of August 24, 1994. He said NAC is concerned of premature development in this case. Bob Kirmis explained. Concern of compliance with the Transportation Plan is an issue. Actual buildabilty of the balance of the property (outlot A). There is a provision of the ordinance that requires the city to take action within 120 days. The council may extend the review period if it is agreed to by the applicant. Bob Kirmis read the information from NAC's Report. 1 - 12. P.C. has recommended approval on a split vote. He asked the Council to consider the subdivision first. Denial of the subdivision makes the Zoning issue mute. Larry Koshak explained. In his review of the request he felt it was premature. The reason is a number of issues need to be resolved. LeFebvres watershed district needs to be resolved. When resolved, a preliminary plat should be brought in and approved before we proceed with additional platting of the property. The cost of filling the property has been reviewed and Larry felt there CITY OF OTSEGO COUNCIL MEETING MINUTES OF NOVEMBER 14, 1994 AT 7:30PM - PAGE 5 - were other options that would not involve the $500,000 or $600,000.00 to fix the floodplain. Larry showed a map he had put together with other options possible. He said very little filling would be required along the edge pads of 10,000 sq ft could be at an elevation of 100 ft above the floodplain. It does not preclude the fact that the black dirt would have to be removed and refilled. He felt a preliminary plat can be prepared when LeFebvres Watershed District is resolved and taken off the plat. Larry Fournier asked how soon will the LeFebvres watershed district be dissolved. Larry K said they are recommending taking it off all the LeFebvres watershed district except Dist 4 and 5. This is in Dist #5. There are some improvements that need to be resolved. Easements over Otsego Creek is one, and stormwater improvements and a per acre cost. We feel the Council needs to develop a policy that a fee be paid for the watersheds for those improvements. Norm Freske said he would hate to approve something that is half -way there. He questioned the 120 days approval. He would like it delayed with their approval for a couple of months. Larry F asked how long can we make an extension like that? Wally Klus said he represents Mary Dare. He had the plan put together by John Oliver. They came up with the yardage. He said he thought it was interesting putting the road in the floodplain. He said they were very interested because someone was interested in buying this property. We asked what it would cost to make it a viability property. We realize it is viable property to downtown Otsego. Wally felt putting 10,000 sq ft pads may not be in the best interest to those people putting in the buildings. Wally talked about it further. It is zoned AG today. They have a building there, the Bank, and it looks great. We showed that there is a farm access there now. In many cities there is some assistance to get some of this land built and taken out of the floodplain. We have used outside professional help to do that. We have postponed this and had a couple of delays. I think we have done our homework. Whether or not it needs some time we have to talk to Gene, and see what they want to do. We delt on this thinking the moratorium would have some decision the first part of August. He talked about the meetings they have had. They want some Council direction. When and what can we do? Mayor Freske asked Gene and Arlyn if they would mind if it were delayed. Arlyn said he did not have a problem with delay. Ron Black said one major concern he has is the Citizens of Otsego are entitled to see what is planned for that corner. P.C. was assured they would have different alternatives to look at. They apparently have some viable alternatives now. It is a whole lot further than we were last week. I agree w/City Planners and Engr we are entitled to see what the plat is. We intentionally did not build that street any further. RON BLACK MOTIONED THAT THE REQUEST BE DENIED AS PREMATURE. FLOYD RODEN SECONDED FOR DISCUSSION PURPOSES. CITY OF OTSEGO COUNCIL MEETING MINUTES OF NOVEMBER 14, 1994 AT 7:30PM - PAGE 6 - RON BLACK APPROVED. NORM FRESKE, LARRY FOURNIER, DOUG L. AND FLOYD R. DENIED. MOTION DENIED 4 TO 1. LARRY F MOTIONED THAT ON AGREEMENT OF ALL PARTIES IN WRITING, CONTINGENT, THAT WE EXTEND THIS MRD, LOT 1, BLOCK 1 SECOND ADDITION TO FEBRUARY 15, 1995. FLOYD RODEN SECONDED THE MOTION. MOTION CARRIED 4 TO 1 WITH RON BLACK OPPOSING, ALL OTHER MEMBERS AGREEING. Ron Black asked what happens if agreement is not done. We have one more meeting. Arlyn Fuchs asked if they agree, will all of the issues be resolved? Council said they hope so. Ron Black asked what happens if some of these issues are not resolved. Would I be coming back with the same thing, or a preliminary plat? If that can be clarified it would be most helpful. I don't want people to be led along. Norm Freske said he felt they know as we do that these issues will be solved. Wally Klus said they can revise a preliminary plat if the City is in a position to accept one. Nothing would please us more. If the City will be in position by Feb 15, nothing will please us more. We want to look at this tonight before we do anything else. Bob Kirmis said we would like to see preliminary plat if the moratorium is lifted. Norm F asked Larry K when we can have it? Larry K said at the next Council meeting they hope to have some suggestions and information on that. If decisions can be made, we can take the moratorium off w/assurances that those issues are taken care of. Ron Black said he is not a real supporter of delay. He explained. He talked about drainage problems, etc. This has been a piecemeal process from day I, lets solve the problem and move ahead so everybody is happy in the end. Norm Freske said he hates to turn it down because they have to re -apply. He would like to work with them. Larry F. agreed with Ron as far as PC seeing this. He asked if we extend it can the PC review it? Answer was yes. 1 . • , • . I , • II so s . e. 11 h IIll 1 1 _ plans for LeFebvres Carpet Store: Bob Kirmis explained that the site is excluded from Floodplain and Wild and Scenic overlay districts. He explained more from NAC's Report dated October 27, 1994, and Exhibit G. The building will have stocco bldg. finish and the Bldg. is positioned such as it acknowledges frontage road that parallels Parrish. Shared access will be provided to the property. P.C. has reviewed the site and building CITY OF OTSEGO COUNCIL MEETING MINUTES OF NOVEMBER 14, 1994 AT 7:30PM - PAGE 7 - plan, and the approval is subject to 14 conditions, w/ two additional conditions. revised from memo dated Nov 7, 1994. He read PC recommendations.: 1 - 14 read from NAC's Report Dated October 27, 1994. RON BLACK MOT ADOPTION OF PC RECOMMENDATION TO APPROVE THE PLANS AND SPECIFICATIONS FOR THE LE FEBVRE CARPET STORE. FLOYD RODEN SECONDED THE MOTION. MOTION CARRIED NANIMOUSLY. 7 3 DISCUSSION OF LE FEBVRES WATEYSWED AREA MORITORIUM: This has been discussed previously said Bob Kirmis. He said conditions of the approval is the moratorium be amended to exclude it from the boundary. Larry K. said in the study of LeFebvre Watershed Dist, the area upstream of 42 by Quaday Ave, that Watershed has in excess of the required storage capacity. They feel that particular area can sufficiently handle the drainage. He is recommending that area be removed from LeFebvre Watershed Area. He explained further. He recommends the Kolles property and part of the MRD property be retained in the Watershed until decisions can be made as to stormwater drainage. Kolles farm now has water running through the farmyard . We are recommending for developers that they pay a fee for storm water the amount to be brought as a recommendation to the Council. Norm Freske asked Andy if we can pull some of this out of the area? He recommends that we set this for Public Hearing. Larry Fournier said he has an Ord. in his packet. Andy explained it is not the Ordinance. Ron Black asked if this would die of its own accord? Yes was answered, or an extension could be done. He asked if a water drainage plan wasn't being worked on? Yes it is was answered. He felt to hold a hearing would be a waste of time and money. He would like to see the improvements for the whole watershed. Norm Freske agreed as did the rest of the Council with the extension it would work out well. Larry K said the biggest issue is easements. Ron Black felt we should deal with the watershed as a whole, look at it, have people input, leave it and move on. Floyd Roden agreed with Ron. He does not see an emergency. Mayor Freske said there are a few people that want to build garages. Feb 28TH is the Moratorium date it will expire. 7 4. Discussion of the immediate urban service area line change: Bob Kirmis said Dave Licht discussed this at Last Council Meeting. It relates to LuConic and Bulow Development. inquiries. Staff got together on Nov 3, 1994 to brainstorm as to the issues, etc. in Long Range Urban Service Area. - He explained CITY OF OTSEGO COUNCIL MEETING MINUTES OF NOVEMBER 14, 1994 AT 7:30PM - PAGE 8 - Elk River Sewer not a possibility, as such, the basis for our growth pattern is somewhat invalidated. We are asking Council as to how we want to handle these inquiries. Expansion of Immediate Urban Service Area would expand outward. It has been City's policy to infill. We need growth location looked at. He explained further. We need information to base decisions. Development of LuConic property may provide a way to solve stormwater drainage problems. Council can: 1. take no actions. 2. allow development, only if guarantees exist on sewage treatment. 3. Establish a moratorium over the area. Bob Kirmis said secondly, Mr Bulow has an interest in the property that exists on the Townsite Plat and he has existing legal development. He has indicated if he is unable to get the rezoning he will likely pursue development on the lots that have development rights. Current standards are different. 3 lots along Nashua could potentially have development. rights. He explained further. Townsite plat is not exclusive to Anderson Property. The Council may want to consider: 1. Take no action. Shared access required? 2. Require vacation of plat. 3. Amend the Zoning Ord saying non -conforming rights may be built by a certain date. 4. Don't extend the Immediate. Service. Area. Andy MacArthur explained that the LuConic property will probably go into the watershed petition. How it development. will be determined by what is done on drainage. As far as vacated Townsite plats, it was brought up in 1988. There could be an argument made they do not have development rights, but I think they do. If we vacated a hearing would need to be had and owner would be notified. Andy explained further. Larry K said w/ the LuConic Property, it has an intricate role as a solution to the Halls watershed. How we treat that at this point is as development, or undeveloped property. Developed. property would receive more benefit for improvements. The Anderson property, the majority is in the Otsego Creek district. There does not appear to be stormwater drainage problems. Norm Freske said this is not a Hearing, discussion only. Andy MacArthur said if a moratorium is put on, it should be looked at very cautiously. Ron Black said he felt the old plat should be vacated. He explained. He suggested the expansion of the Urban Service Line be set as a joint P.C./Council Meeting. Norm Freske asked if the City should bear the expense to vacate the property? Andy said if you vacate the whole plat it would be a lot easier. If not there will be more problems. CITY OF OTSEGO COUNCIL MEETING MINUTES OF NOVEMBER 14, 1994 AT 7:30PM - PAGE 9 - Chris Bulow had some information he showed the Council. There are 10 lots on each block he said. Each lot would be well over an acre. Ron asked if there are street that need to be vacated. Chris said 6TH, 8TH would need to be vacated. More discussion. Chris said the whole thing is 20 acres. Ron Black said Larry K. said it is questionable that this plat is surveyable. That is a major issue. He said it is a surveying nightmare. Chris said to find one of the lines is definitely able to be done. It will be expensive, many thousands of dollars. You still have to have an original boundary done. Legal descriptions are of record and are there. Larry K said the old town plat was never tied to section lines. On the N side we were able to find corners. On S side a judge has made a determination for boundaries. There is still some question. Chris said it would be expensive whether replatted or not. Larry K said the question is should this situation be cleared up? The whole plat be vacated? More discussion. Larry F said a moratorium is out of the question. It is a good question to look at the stormwater drainage in this area. It might make since to square that boundary off to Nashua Ave. It is kind of jagged. We may want to look at those Platted lots, and have the landowners involved. LARRY FOURNIER MOTIONED AND RON BLACK SECONDED TO HAVE A P.C./COUNCIL JONIT MEETING RE: THE IMMEDIATE URBAN SERVICE AREA LINE. MOTION CARRIED UNANIMOUSLY. Ron said maybe we could consider the whole map and would it make sense to square it off. Larry F asked if it gave Bob Kirmis any information. Bob said he would check into it and give a recommendation on alternatives. Mike LuConic had a question on the memo that was issued, Items 5,6,7, approximately 398 acres of undeveloped land. He read information. If these are not available, what is available? His other concern was groundwater pollution. He would want better definition of what you are looking for or what you want to protect. Bob explained the urban service line and expansion needs to have a reason or method or plan to be responsible. He explained further. Mike said he understands we have considerable 1 acre lots now. Bob said the groundwater concerns us now also. 7 5 Any other Planning Business. 10.4 - Was brought up under Co sign Ord. Nov 17, change Co signs from 20' to 40' in height. He asked if Bob is familiar with it. City of Otsego prohibits them so it does not pertain, as ours is more restrictive. CITY OF OTSEGO COUNCIL MEETING MINUTES OF NOVEMBER 14, 1994 AT 7:30PM - PAGE 10 - DOUG LINDENFELSER MOTIONED, LARRY FOURNIER SECONDED THE MOTION, TO HAVE ELAINE BEATTY RESPOND TO WRIGHT CO. ON THE SIGN ORDINANCE. MOTION CARRIED UNANIMOUSLY. 8. ANDY MAC ARTHUR, CITY ATTORNEY: Andy MacArthur appeared before the Council. 8.1 Petition_for O'Brian and 88TH ST and possible Resolution for same Andy MacArthur explained. The petitioners do not comprise 35 % of the map. The City can order an improvement on 4/5 Council Vote. W/LuConics property suggested for Development, the City has spent quite a bit of money studying drainage and one possibility is go ahead with the Feasibility Study, Between Nashua, Odean and 85th, N boundary of Otsego Acres, extended Westward. Feasibility study would tell residents of the area what they would pay in assessments. We could have a Hearing,and at that point residents could determine if they wanted to go ahead. The petition is invalid, as it does not meet requirements. Andy would not suggest we go ahead without 100% waivers of assessment appeals. Norm Freske asked Larry K if the Feasibility study would cost $2,500.00. He said yes. We would have to go to DNR to transfer water out of the watershed into another. We would have to have a proposed assessment roll. There are a couple of options that can be done. We need to do them in detail to come up with a project. Doug L. asked if it will address the water problem to the N of it, that is feeding Obrian and Otsego acres? Larry K said there are some controls, he talked about Vasseur's and Walesch Add. That would be the border of our study area. Doug felt the Northern line should be moved up. It goes across Obrian and into Otsego acres. Larry K said this line said who would be receiving benefit. Mayor Freske asked if they would look at the other area. Larry K said yes. Otherwise we could not solve the problem Larry F said he had asked Andy MacArthur if it was a valid petition and he had said yes. Andy said he had, but this is a different map and he did not realize it. He asked Larry K the cost of the feasibility Study, who would pay. Larry Koshak said if the project is not done it would be paid by the City. He explained further. Steve Wiltermuth said he did not get a good look at the assessment map that the Attorney showed the council. He said a lot of water is coming from the W side of Nashua. Larry K. said the area that is outlined is the area that would benefit from the improvements. It includes only property that would benefit. He explained further. A feasibility would describe property. Steve urged the Council to look at the boundaries because it is obviously it is not where the water is coming from. CITY OF OTSEGO COUNCIL MEETING MINUTES OF NOVEMBER 14, 1994 AT 7:30PM - PAGE 11 - Larry K disagreed with Steve. If we used that logic, we could go all the way back to the entire watershed. One of the purposes is to divert the water from LuConics into Otsego Creek. In doing that, we feel these properties would benefit. The feasibility study has to bring out those questions and answers. Ron Black questioned Larry F about a couple of control points we would live with. Larry K explained it discharges water into this particular area. They are point sources, not problems. We would have to investigate it w/feasibility study. He explained. Some of the sources we can live with. Ron said the concern he has is we should reach an agreement for the method of payment that would be used on these projects. It would serve peoples best interest to: 1. Determine the Assessment Policy 2. Have Feasibility study done. Rod Bangston appeared before the Council. He felt we need to look at the area as a whole. He had more questions. He said if we do the feasibility study, lets identify the whole problem here. Larry K said the watershed has been defined. This area has special attention because of the concern. Rod B. asked if we identify the cause of the problem, or just the solution? Larry K explained. Details will be presented in the report. More explanation from Larry K. Vern Heidner said people in those areas are saying we feel this area is not the problem. They have to include us to pay for it. He strongly recommended that you can justify it, be careful. Larry K said part of the process is to determine benefit. An appraiser would be hired. A certified appraiser would be hired. Mrs Wood said doesn't everybody in Halls pond benefit if we don't dump water on them, or we take water away from up stream. Didn't a drain tile be allowed to be fixed a couple of meetings ago? Norm said he agreed. A Resident said if we have a natural flow of water we can solve the problem easy by putting in a culvert across 88TH ST. He said the people benefiting would pay, but people causing the problems don't have to. Ron said he did not hear anything yet as who would pay or how much. We are talking about how to pay for these projects. Larry F agreed w/Ron, we need a policy. LARRY FOURNIER MOTIONED TO HAVE THE PROFESSIONAL STAFF GIVE US A DRAFT POLICY FOR THESE PROJECTS OF SURFACE DRAINAGE. RON BLACK SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. CITY OF OTSEGO COUNCIL MEETING MINUTES OF NOVEMBER 14, 1994 AT 7:30PM - PAGE 12 - RON BLACK MOTIONED TO TABLE THE SUGGESTION TO HAVE A FEASIBILITY. STUDY UNTIL AFTER JANUARY 15, 1995 UNTIL WE HAVE A POLICY. FLOYD RODEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Floyd Roden explained why. Larry K suggested we include the appraisal issue in the policy. Andy agreed. 1 I ' 1/11 i .• A • ' 1 • 1 1 11 • 1 11 . • 1 1 _ • 8.2. Update on the Wild and Scenic Ordinance Ordinance is read over, and Andy needs to meet with DNR this Friday tentatively to review the Ordinance. The 2nd of Dec. is the tentative P.C. date. 8.3. Discussion of LEAP Application This application has been submitted and a map for Otsego service areas and Frankfort and Dayton. Larry K put the map together. In one or two weeks they are meting. 8.4. MRD - (See #7.1 Planning Items Above) This was discussed under Planning Items 8.5 Immediate Urban Service Area (See 7.4 above) This was discussed above 8.6. Information on Wetland Prosecution Kevin Kielb had talked about the Wetland Prosecution, and the statute makes it clear the Co. Attorney has to prosecute. 8.7. Any other legal business There was none. 9. LARRY KOSHAK CITY ENGR: Larry Koshak appeared before the Council 9.1. LeFebvre Watershed Moratorium: See Planning Items above 9.2. 88TH ST Improvement Project 94-4: Street is ready for Bank of E.R. opening and Church Parking lot. Larry recommends payment. a. Pay Estimate #1: LARRY FOURNIER MOTIONED TO APPROVE PAYMENT #1 FOR $22493.48. DOUG L SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. CITY OF OTSEGO COUNCIL MEETING MINUTES OF NOVEMBER 14, 1994 AT 7:30PM - PAGE 13 - Andy MacArthur needs to get a waiver of assessment. It may be easier to set a Hearing. RON BLACK MOTIONED TO SET A HEARING ON ASSESSMENT ON 88TH ST, MSA ROAD FOR DEC 12, 1994 AT 8PM. DOUG LINDENFELSER SECONDED THE MOTION. MOT CARRIED UNANIMOUSLY 9.3 Municipal Well #1 Improvement Project 94.3 Status Report a. Well - Partial payment #1 to Traut Well: Larry explained the well yields adequately. Final connections have been made. He recommends partial payment of $70,015.50. LARRY FOURNIER MOTIONED. DOUG LINDENFELSER SECONDED THE MOTION TO PAY PARTIAL PAYMENT TO TRAUT WELLS FOR $70,015.50. MOTION CARRIED UNANIMOUSLY. b. Pipe lines - Partial Payment #2: Larry recommended to R L Larson is for payment. RON BLACK MOTIONED TO PAY PARTIAL PAYMENT #2 TO R. L. LARSON FOR PIPE LINES. LARRY FOURNIER SECONDED THE MOTION TO PAY $8,189.00. MOTION CARRIED UNANIMOUSLY. c. Control and Electrical Report Larry talked about an alternater power source. They talked to Wright-Henn. and they will give a record of outages. State Fire Marshal does not require it. Only other option is to bring Elk River Utilities across the street. He explained more. Their concerns are the school and the children in the school. This issue may have to be worked out. Elk River does not have backup on their pumps. They have a mobile generator. More discussion. 9.4. Hall's Pond Feasibility Study ( West of Odean Avenue) See Above 9.5 MRD - #2 Plat Floodplain Developmen (See 71 about Planning Items). See Above. 9.6. Any other Engineering Business: Streets in Mississippi Shores need overlay. Larry Koshak feels it should be assessed to property owners. Preliminary cost estimate 225 lots benefit. Project cost $ 750.00 to $1,000.00 per unit roughly. Larry explained further these figures are rough. 1- 1/2" overlay costs $154,000.00 said Mayor Freske. All of Mississippi Shores, but the Service Road. RON BLACK MOTIONED, LARRY FOURNIER SECONDED THE MOTION TO HAVE A POLICY SETTING UP ASSESSMENTS FOR OVERLAYS IN RESIDENTIAL. MOTION CARRIED UNANIMOUSLY. CITY OF OTSEGO COUNCIL MEETING MINUTES OF NOVEMBER 14, 1994 AT 7:30PM - PAGE 14 - RON BLACK MOTIONED TO DIRECT THE ENGINEER TO PREPARE A FEASIBILITY STUDY FOR MISS. SHORES OVERLAY. RON WITHDREW THE MOTION. WE WILL HAVE AN INFORMATIONAL MEETING FOR MISSISSIPPI SHORES REGARDING CHARGING FOR OVERLAY. Larry K talked about the mail boxes and making a standard mailbox. This can be brought up at the informational Hearing. 91st to 89th there are 6 drives with no culverts. We need to decide how to go about it. One has cement. Cement driveway has a culvert said Larry K. One driveway is gravel the rest are bituminous. Larry K said if they would pay for the culvert and the flanges and restoration, the City would install them. Before any work is done it is agreed to by all the landowners along there. Dave Chase said it washes the road out in the spring time. DOUG LINDENFELSER MOTIONED. RON BLACK SECONDED TO SEND A LETTER TO THE LANDOWNERS AND HAVE THEM RESPOND BY LETTER REGARDING THE CULVERTS ON OCHOA. MOTION CARRIED UNANIMOUSLY. Larry K. talked about the levee meeting. They almost have the three monitoringwells in. They will get some quotes for monitoring wells. They need to test for nitrates, chlorites and fecal chloroform. He can get quotes unless the Council wants to put this off. Larry K said it was our intent to check these yearly. Larry K said we need 1 set of tests for background. Norm Freske brought up the agreement with the State for the traffic light Andy and Larry K need a copy of the items. 10 CITY COUNCIL ITEMS: Norm brought up the Wright Co. meeting on roads. 11/16/94 Larry F said #42 and 85th the street light is on and off. Ron brought up the US West letter for permit 10 1 Set Workshop for Engineering, before regujpr CounciLMeeting of 11-28-94• RON BLACK MOTIONED TO SET A SPECIAL MEETING FOR THE PURPOSE OF DISCUSSING STORMWATER IMPROVEMENT POLICIES FOR NOV. 28, 1994 AT 6:30PM. LARRY F. SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 10 2 Discuss setting up the Committee for firearms Ord. (we have 15 signed up). LARRY FOURNIER MOTIONED TO HAVE ALL THE PEOPLE WHO SIGNED UP FOR THE FIREARMS ORDINANCE HAVE A MEETING, ALL 15 MEMBERS. RON BLACK SECONDED THE MOTIONED. MOTIONED CARRIED UNANIMOUSLY. CITY OF OTSEGO COUNCIL MEETING MINUTES OF NOVEMBER 14, 1994 AT 7:30PM - PAGE 15 - MOTION BY DOUG LINDENFELSER, SECONDED BY RON BLACK TO HAVE VERN HEIDNER SPEARHEAD THIS FIREARMS ORDINANCE COMMITTEE. AFTER THE FIRST OF THE YEAR. MOTION CARRIED UNANIMOUSLY. 10.3 Consider 3 -Year contract for Abdo, Abdo and Eick: LARRY FOURNIER MOTIONED TO TABLE ABDO, ABDO AND EICK FOR MORE INFORMATION. SECONDED BY DOUG LINDENFELSER. MOTION CARRIED UNANIMOUSLY. 10.4. Consider notice of Pubic Hearing for Wright Co "Signs": SEE ABOVE. 10.5 CONSIDER ALBERTVILLE FIRE CONTRACT: RON BLACK MOTIONED TO ENTER INTO ANOTHER 1 -YR FIRE CONTRACT W/ THE CITY OF ALBERTVILLE IN THE AMOUNT OF $13,985.31. FLOYD RODEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 10 6 Discuss request from resident to show on the City map the area the Council is discussing: Norm Freske explained. Discussion was had on same. Starting next meeting we will have the overhead to do this. 10.7. BOARDS AND COMMISSIONS: a EDAAC Larry F said they met last Monday. They are looking at resumes for hiring an intern. Interviews will be conducted. Starting the first of the year Vern will be promoted and Nancy Brunell will not like to continue. Darlyn Kofoed would like to be on PC or EDAAC. They are looking at a Home Extended Business Policy for the City. Vern Heidner said our policy says no outside storage so it will not help Mr Osborne. b. P.C. Ron Black said Nothing to report. He encouraged the Council to look at what happened on the issue involving the MRD plat and the cavalier attitude. c. PARKS AND RECS BD: Floyd Roden talked about partnership with the forestry and 101 and we need a resolution to go into a partnership to apply for this and do it, in 1996, no cost to the City. Community Roadside Landscape Partnership Program. They furnish the material and you supply the labor. FLOYD RODEN MOTIONED TO PASS THE RESOLUTION. LARRY FOURNIER SECONDED THE MOTION FOR COMMUNITY ROADSIDE LANDSCAPE PARTNERSHIP PROGRAM W/FORESTRY. Larry Fournier withdrew his second for more information. Floyd withdrew his motion. He will find out the costs. Floyd Roden said we need easements for John LeFebvres and Jukubiaks property. Council should think about it for next meeting. On December 17, 1994 there will be a brunch joint w/Lions and Parks and Recs. with Santa Claus. CITY OF OTSEGO COUNCIL MEETING MINUTES OF NOVEMBER 14, 1994 AT 7:30PM - PAGE 16 - Jan 7,1994 open house on skating rink. They are talking about a golf course and a Christmas tree drop off. Hayride discussed and they should have had a plus cost on that. Ron Black said he would suggest we express an interest but we are not entering into an agreement yet. d. #728 PARKS AND RECS JOINT POWERS: nothing e. PUBLIC WORKS SUB -COMMITTEE• discussed above culverts and overlay. Dave Chase said they will have new grader tires tomorrow they blew them out. They will haul in compost from buffalo for parks and recs. Frankfort has good fill and they will look at that. 280 cu yd salt and sand has been hauled. f. OTSEGO CREEK AUTHORITY: Floyd Roden said they met on the 10th at 1:30. Mike Potter was the only one that showed. They looked at different areas. Fred from Wildlife and John from Fisheries and Soil and Water Kerry Saxton and Dan Lais was there. They will get a report back to them (Dan Lais) on what we can or can't do. Ditch is cleared from wetlands to 83rd St. There will be a meeting coming up. Regular meeting for authority is the second Wednesday of Dec. 14, 1994. 7:30PM. g, ADM SUB -COMMITTEE (Finance Officer) Larry F said there is nothing to report. 10.8. ANY OTHER COUNCIL BUSINESS: Jerry Perrault's party is January 22ND, 1995 Sunday. They will still meet, Doug and Floyd. Norm brought up Twp people, Ralph Ordorff should be contacted. Ron suggested we put a press release together and send it to the league. Larry F and Norm Freske met with the Attorney from St Cloud on annexation. He looked at everything. He wanted to see more documents. Larry explained Jerry VonKorff is the attorney's name. They looked at another Attorney that Gary Meyer has suggested, but they had not done any annexation for 10 years. 10.9. PAY ANY BILLS: Paid claim #'s 1270 through 1364 inclusively. MOTION BY LARRY FOURNIER, SECONDED BY RON BLACK TO ACCEPT THE TREASURER REPORT. MOTION CARRIED UNANIMOUSLY. RON BLACK MOTIONED TO APPROVE BROASTER CATERING FOR LUNCHES FOR ELECTIONS. Doug Lindenfelser asked why that was not brought before the Council? More discussion was had on same. Ron wants hourly rates charged in on the Primary lunches for Election Judges. Next meeting we will have all the minutes for that. CITY OF OTSEGO COUNCIL MEETING MINUTES OF NOVEMBER 14, 1994 AT 7:30PM - PAGE 17 - Larry F brought up a Seminar Friday Nov 18, 1994 Truth in Taxation Meeting at St. Paul sponsored by the League of Minn. Cities. 10.10. ADJOURN BY 11PM: ON MOTION BY RON BLACK AND SECOND BY LARRY FOURNIER THE MEETING ADJOURNED AT 12:00 MIDNIGHT. RON BLACK, COUNCIL EB RX, FOURNIER, C, t$UNC ATTEST: ELAINE FEATTYY, DEPUTY CLERK/ZONING ADM.