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03-08-99 CCCITY OF OTSEGO COUNCIL MEETING MARCH 8, 1999 - 6:30PM MINUTES 1 Mayor Larry Fournier will call meeting to order: Mayor Fournier called the meeting to order at 6:35PM. a. Pledge of Allegiance There was no Pledge of Allegiance b. Roll Call Council: Mayor Larry Fournier, Vern Heidner, Mark Berning, and Virginia Wendel. Suzanne Ackerman was not present (She had called - 6:45PM she arrived) Staff: Mike Robertson, City Administrator, Elaine Beatty, City Clerk/Zoning Administrator, Andy MacArthur, City Attorney, Larry Koshak, City Engineer, and Dan Licht, City Planner. Judy Hudson, Deputy Clerk/Treasurer, was absent 2 Consider agenda approval. (Deletions or additions) Mike Robertson added three items to the claims list Re: Payment for right-of-way easements. Mayor Fournier - Moved Item 9.1 Discussion of EDAAC to immediately following the Consent Agenda. VERN HEIDNER MOTIONED TO ADOPT THE AGENDA AS AMENDED. VIRGINIA WENDEL SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consider Minutes: a. Regular Council Meeting of February 22, 1999 MARK BERNING MOTIONED TO ADOPT THE MINUTES AS WRITTEN FOR THE REGULAR COUNCIL MEETING OF FEBRUARY 22,1999. VIRGINIA WENDEL SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. b. Workshop DevelopQrs Agreement Meeting of February 18. 1999 MARK BERNING MOTIONED TO ADOPT THE MINUTES AS WRITTEN FOR THE WORKSHOP DEVELOPERS AGREEMENT MEETING OF FEBRUARY 18, 1999. VERN HEIDNER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 4 Open Forum: (5 minute limit). 4.1. SPECIAL PRESENTATION None 4.2. Any Open Forum Jerry Olejar - 7170 Ogren Avenue NE: He has lived in Lin Bar Estates for 1 -year and has not yet installed his driveway. He would like a 34 - 36' wide driveway, City Code allows a maximum of 24'. He has a 3 -car garage and wants a concrete pavement driveway and is willing to pay, the price. Discussion on reasons for 24' curb cut and that is what ordinance allows. After much discussion the Council consensus was to not change the Ordinance. CITY OF OTSEGO COUNCIL MEETING MINUTES OF MARCH 8, 1999 - 6:30PM -Page 2 - Keith Knutson - 6630 Odean Avenue NE: Wanted to discuss with Dan Licht the height of his proposed accessory building. Mr. Licht explained the initial planning report and one of the initial conditions was that the height of the principal building could not be exceeded. Mr. Knutson's house is 12-1/2 ft tall and the proposed accessory building is 18-1/2 feet tall, which is 6' taller than the home. He can lower the accessory building by 6' or apply for a CUP for height. Mr. Knutson stated he thought the height of the proposed building had been approved. Mr. Knutson was asked to talk with Dan Licht. 5 CONSENT AGENDA (Non -Controversial Items) 5 1 Approve Pay Estimate #2 Re: Water Tank and Tower (Attached) MOTION BY VERN HEIDNER TO ADOPT THE CONSENT AGENDA AND APPROVE PAY ESTIMATE #2 RE: WATER TANK AND TOWER IN THE AMOUNT OF $233,100.00. MAYOR FOURNIER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 9.1. Discussion of EDAAC. Discussion of the letter dated February 17, 1999 from EDAAC. Mayor Fournier had a prepared response and suggested 10 possible projects the EDAAC could work on. He felt that this is the time to promote the City of Otsego, with sewer and water being implemented and to put the EDAAC to work for Economic Development. Virginia Wendel - agreed with the majority of suggestions and agrees with the meeting with the EDA and EDAAC separate from the Council Meeting. Suzanne Ackerman - agreed with Virginia Wendel and likes most of what Mayor Fournier said. She felt we need to meet with EDAAC more often. Vern Heidner - Didn't feel every other month meeting is needed. Maybe once a quarter or so. Mark Berning - Would like to hear from LeRoy Lindenfelser how EDAAC can handle the Mayors suggestions. LeRoy Lindenfelser - We have hashed this out several times. As the letter states, my concern is if we want to continue to pursue this, a direction needs to be set. A plan and action is needed. We need direction. Mark Berning - Felt the Mayor's suggestions would be done by a staff person and the EDAAC would give recommendations. LeRoy Lindenfelser agreed with that. Vern Heidner - What is Dan Wilson's background? Dan Licht said he does a full range of Economic Development Consulting. Mike Robertson - Felt the Staff would do a lot of the items. He wonders if Dan Wilson is the best for this. He cautioned that Dan Wilson is used to a large budget. Mayor Fournier - When I suggested Dan Wilson, maybe Mike Robertson is the one for this. Virginia Wendel - Reminded the Council that she will also be at these EDAAC meetings as Council liaison. She asked if the EDAAC has seen Larry Fournier's suggestions? Answer: No. CITY OF OTSEGO COUNCIL MEETING MINUTES OF MARCH 8, 1999 - 6:30PM - Page 3 - Ms. Wendel wanted the EDAAC to see the Mayors letter. LeRoy Lindenfelser - EDAAC looking at the letter is OK, but we need direction. Mark Berning - Mike Robertson can write a plan that we can relay to the EDAAC. LeRoy Lindenfelser voiced some concern with the EDAAC members and terms expired. The Council had re -appointed all members for 90 days through the end of April. Mike Robertson suggested to not meet in March and meet at the next EDAAC meeting April 21, 1999 at 7PM. It was noted that Rudy Thibodeau, LeRoy Lindenfelser and Liz Wilder will have expired terms at the end of April. 6 Dan Licht, Assistant City Planner: 6.1. Discussion of Memo of 2/24/99 Re: Zoning Ordinance Update We need to combine the new Ordinance into the existing Zoning Ordinance and restructure it. It is a good time to re -codify the Zoning Ordinance and Sub -Division Ordinance. Cost estimate is $750.00 (no more). Vern Heidner asked if we can get Zoning Ordinance information on diskette to post on the Internet. Answer - Yes. VERN HEIDNER MOTIONED AND MARK BERNING SECONDED THE MOTION TO DIRECT THE CITY PLANNER TO RE -CODIFY THE ORDINANCE FOR $750.00 MAX, OR LESS. MOTION CARRIED UNANIMOUSLY. 7:45 Suzanne Ackerman left the Council Meeting. 6.2. Consider the Proposed Zoning Ordinance Amendment Re: Feedlots Dan Licht explained the Zoning Ordinance proposed Feedlot Amendment in detail. Virginia Wendel questioned why farmers can't leave the farm to work for awhile and still be able to re-establish the feedlot. Dan Licht explained that if the feedlot is closed for one year it cannot be re-established. Mark Berning questioned Pg. #5, No. 8. In six months when they register their feedlot and they need an MPCA permit - What if they do not have it yet. Dan Licht noted that they discussed this at the P.C. and a copy of the application will be sufficient Mayor Fournier questioned Mark Berning as to what he hears from the farming community RE: this Feedlot Ordinance Amendment? Mark answered not much. He felt that more hobby farmers would be registering feedlots because of the 1,000' setback. More discussion on same. MARK BERNING MOTIONED TO APPROVE THE PROPOSED AMENDMENT TO THE ZONING ORDINANCE RE: FEEDLOTS - SECTIONS 2,26 AND 38. MAYOR FOURNIER SECONDED THE MOTION. Vern Heidner voiced concern with the possibility of hobby farms blocking out other development. Mark Berning noted that one way for the Staff to check up on this is call MPCA to see if the application was sent in for a feedlot. The new dwelling information is based on the existing definition of a feedlot, rather than of a farm said Andy MacArthur. More discussion - Mr. MacArthur was directed to investigate this further. CITY OF OTSEGO COUNCIL MEETING MINUTES OF MARCH 8, 1999 - 6:30PM - Page 4 - MARK BERNING WITHDREW HIS MOTION. LARRY FOURNIER WITHDREW HIS SECOND. This item will be on the 3/22/99 Council Agenda. 6.3. Discussion of P.C. consideration of pole buildings in Urban Service Area Dan Licht explained that the P.C. reconsidered the pole building issue for other areas of the City at their last P.C. meeting at Council's request. The P. C. recommendation to the City Council is to maintain the Ordinance as adopted for Accessory Buildings. Vern Heidner - Felt that no pole buildings were built East of Nashua because people were not allowed to build them. He felt to be fair we should let pole buildings be built on lots five or more acres in the rest of the City. Virginia Wendel agreed with Vern. Heidner. VERN HEIDNER MOTIONED THAT ON ALL PARCELS FIVE ACRES OR GREATER WITHIN THE CITY OF OTSEGO BE ALLOWED TO HAVE POLE BUILDINGS. VIRGINIA WENDEL SECONDED THE MOTION. MOTION WITHDRAWN. MAYOR FOURNIER MOTIONED TO ACCEPT THE P.C. RECOMMENDATION TO MAINTAIN THE ORDINANCE AS ADOPTED FOR POLE BUILDINGS. MARK BERNING SECONDED THE MOTION. MOTION CARRIED 3 TO 1 WITH VERN HEIDNER VOTING NO. 6.4. See 8.1 below Discussion of timing of lifting of moratorium was discussed. Only the lot size in the Rural area is left to be determined. The P.C. will discuss at 3/16/99 meeting. This does not affect the E. area of the City. We can remove the Moratorium in the East area only. Vern Heidner asked if we adopt the Engineering Guideline, how do we amend it? Answer: It is a simple policy change by the Council. Mike Robertson said the Council should review the Developers Agreement. He also agreed that the Council can amend these easily. Andy MacArthur - City could have two alternative resolutions, one for the sewer area and one for the whole City. If the issues are resolved the moratorium can be removed from the entire City. Staff was directed to place this item on the 3/22/99 Agenda. 6.5 Any Other Planning Business None 7 Larry Koshalc6City Engineer: CITY OF OTSEGO COUNCIL MEETING MINUTES OF MARCH 8, 1999 - 6:30PM - Page 5 - 7.1. Receive Feasibility Study for 78th Street and Page Avenue Larry Koshak explained the Feasibility Study for 78th and Page Ave. Larry Koshak recommends a street connection change based on the projected number of lots. Street improvement is based on MSA design street 44' wide, 10' bike trail walkway, curb and gutter, 4-1/2" asphalt, 7" class 5 gravel - a 10 ton street with the right of way obtained through platting. The number of lots and average trip generation of 10 trips per day per lot creates a peak ultimate traffic flow of 4500 per day and warrants designation as a collector street.. There are an estimated 884 lots in the entire area served by these streets which makes the street connection fee $566.47 per lot. Virginia Wendel - Why is this an MSA road? Couldn't we build a cheaper road? Mike Robertson said it is an MSA road because those roads are designated as MSA roads in our transportation plan. Ms. Wendel asked where are we getting the money? Answer: Fee comes from developer in up -front money. Andy explained that the feasibility study establishes the fees so we can establish the developer's fees. The resolutions are standard #429 resolutions. We can either assess it or charge it as fees. The other half of the street costs would be paid through State MSA funds. Larry Koshak showed Exhibit G on future roads. Before this project is feasible, 1000 ft. on E side of Quaday needs to be acquired form Darkenwalds. Ms. Wendel questioned if we are installing a bike path on every road? Mike Robertson noted that the City's trail plan calls for trails only along MSA roads. a Consider a Resolution Ordering the Feasibility VERN HEIDNER MOTIONED TO ADOPT THE RESOLUTION #99-9 ORDERING THE PREPARATION OF A FEASIBILITY REPORT FOR PAGE AND 78TH, AND QUADAY AVENUE. MAYOR FOURNIER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Mark Berning questioned why 78TH ST is not located 1/4 mile North. Mr. Koshak explained it will be serving property to both the S & N and to the service road parallel to State Highway #101. bConsider a Resolution Accepting the Feasibility Report and Adopting the Findings Andy MacArthur explained the resolution. LARRY FOURNIER MOTIONED TO ADOPT THE RESOLUTION #99-10 RECEIVING THE REPORT AND ADOPTING THE FINDINGS OF FACT FOR PAGE AVENUE, QUADAY AVENUE AND 78TH STREET. VIRGINIA WENDEL SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY 7.2. Received the revised 78th St Trunk Sanitary Sewer and Water Report. Consider a Resolution to Adopt the Report Mr. Koshak explained the revised trunk sewer and water report from the 1997 study. $730,000 is the estimated total cost. CITY OF OTSEGO COUNCIL MEETING MINUTES OF MARCH 8, 1999 - 6:30PM - Page 6 - VERN HEIDNER MOTIONED TO ADOPT THE RESOLUTION #99-11 ORDERING PREPARATION OF THE REPORT ON IMPROVEMENT FOR 78TH STREET TRUNK AND SANITARY SEWER AND WATER. VIRGINIA WENDEL SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. VERN HEIDNER MOTIONED TO ADOPT THE RESOLUTION #99-12 RECEIVING REPORT AND FINDINGS FOR 78TH STREET TRUNK SANITARY SEWER AND WATER AND LARRY FOURNIER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 7.3. Receive Feasibility Report for the Trunk Storm Water Facilities in Sub -districts 2,5,6,7 and 8 of the LeFebvre Watershed District Larry Koshak explained the trunk storm water plan in LeFebvre Watershed. Summary of cost estimate is $1,072,200 or $1,266 per acre. Mr. Koshak discussed that the Country Ridge developer paid a stormwater fee on 85TH ST. and we have that money in an account for stormwater improvements in the LeFebvre Watershed District. Mr. Robertson asked if Ulmer and Backus develop, how soon does the work on County Road #42 need to be done? Mr. Koshak - 2001 would be OK. The present structure is adequate until the area served is 50% developed. Discussion of ditch deeper on one side to take advantage of the culvert and maintain rate of flow at a certain level. Mr. Koshak said the $1,037.600 divided by 820 acres equals the impact fee of $1,266 an acre or approximately $600 per lot. MAYOR FOURNIER MOTIONED TO ADOPT THE RESOLUTION #99-13 ACCEPTING TRUNK STORM WATER FACILITIES STUDY FOR PORTIONS OF LEFEBVRE WATERSHED DATED MARCH, 1999. VERN HEIDNER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. _ 7.4. Receive the Engineer Guideline Manual for the City Larry Koshak explained that we can revise the Engineer Guideline Manual for the City as it is not an Ordinance. Mr. Koshak asked that the Council have the planner review this guide to see if there are any conflicts with the present ordinances. The plan is to adopt this Engineer Guideline Manual by Resolution at the 3/22/99 Council Meeting. Mr. Berning asked who will make the recommendation for water meters? Mike felt a brief summary and discussion of meters should be prepared. 7.5. Any other Engineering Business None 8 Andrew MacArthur City Attorney• 8.1. Discussion of Timing For Lifting Moratorium 8.2. Review Proposed Bonestroo Contract Mr. MacArthur explained the letter to Bonestroo regarding suggested changes in the contract. Mr. MacArthur had phone conversations with Bonestroo's attorney regarding the proposed document in front of the Council tonight. Andy MacArthur discussed the changes that were made. With these changes Andy MacArthur recommends Council approval. CITY OF OTSEGO COUNCIL MEETING MINUTES OF MARCH 8, 1999 - 6:30PM - Page 7 - VERN HEIDNER MOTIONED TO APPROVE THE BONESTROO CONTRACT FOR CONSTRUCTION AND SERVICE OF THE WASTEWATER TREATMENT PLANT. MAYOR FOURNIER SECONDED THE MOTION INCLUDING THE MARCH 4, 1999 CORRESPONDENCE DEFINING CONSTRUCTION OBSERVATION TO MIKE ROBERTSON. MOTION CARRIED UNANIMOUSLY. 8.3. Review Revised Developers Agreement Andy MacArthur explained the changes that were recommended at the workshop meeting. Larry Koshak said the fees to the developers should be based on actual construction costs. MARK BERNING MOTIONED ADOPTION OF THE DEVELOPERS AGREEMENT. VERN HEIDNER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 8.4. Any Other Legal Business 9. Council Items: 91 B Discussion of Animal Control Ordinance Tabled to next agenda C Discussion of Surplus General Fund Tabled to next agenda D Set date for Groundbreaking Ceremony for Wastewater Treatment Plant Tabled to next agenda F. Any Other Council Business None 9.2. Mike Robertson, City Administrator - update: A Discussion of Street Department Part-time Hours B. Any Other Administration Business A and B tabled to next agenda 9.3. Elaine Beatty, City Clerk - update Tabled to next agenda 9.4. Judy Hudson Deputy City Clerk - update Tabled to next agenda VERN HEIDNER MOTIONED TO TABLE THE REST OF THE AGENDA, BUT THE CLAIMS LIST DUE TO BAD WEATHER AND THE LATE HOUR. MARK BERNING SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 9.5. Consider Claims List for approval, VERN HEIDNER MOTIONED AND MAYOR FOURNIER_SECONDED THE MOTION TO ADOPT THE CLAIMS LIST WITH THREE ADDITIONAL ITEMS FOR EASEMENT PAYMENT AS FOLLOWS: 1)GEORGE E. BENESH $302.00 2)ROSE MILLER $2,234.00 and 3)RANDAL AND MARY LEFEBVRE $3,723.00. MOTION CARRIED UNANIMOUSLY. CITE" OF OTSEGO COUNCIL MEETING MINUTES OF MARCH 8, 1999 - 6:30PM - Page 8 - nilTa U140 VERN HEIDNER MOTIONED TO ADJOURN THE MEETING. LARRY FOURNIER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. MEETING ADJOURNED AT I0:50P'1I. CITY OF TSE O: RRY URNIER, MAYOR ATT T: EtAINE BEATTY, C CLERK/Z0 G ADMINISTRATOR EB FILE. 99CC-MI.Y. WPS