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10-26-98 CCCITY OF OTSEGO WRIGHT COUNTY, MINNESOTA CITY COUNCIL MEETING 6:30 PM COUNCIL CHAMBERS OTSEGO CITY HALL OCTOBER 26,1998 1. Mayor Larry Fournier will call meeting to order: Mayor Fournier called the City Council Meeting to order at 6:30 PM. a_ Pledge of Allegiance. Mayor Fournier led in the Pledge of Allegiance. Mayor Larry Fournier; Councilmembers: Virginia Wendel, Mark Berning, Vern Heidner Suzanne Ackerman. Staff: Mike Robertson, City Administrator; Elaine Beatty, City Clerk/.Zoning Administrator; Judy Hudson, Deputy Clerk/Treasurer; Andrew MacArthur, City Attorney; Scott Richards, City Planner from NAC, Larry Koshak, City Engineer. 2. Consider agenda approval. CM Wendel requested an addition under Item 9. Lb. Report from Heritage Commission and Planning Commission Report. CM Berning requested an addition under Item 9.2. Update on Parrish Avenue Patrol and under Item 9.1. Community Rec. Discussion. CM Heidner motioned to approve the October 26, 1998 City Council Agenda as amended. Seconded by CM Ackerman. All in favor. Motion carried. 3. Consider Minutes: a. Regular Council Meeting of October 12, 1998_ CM Berning motioned to adopt the October 12, 1998 City Council Meeting Minutes. Seconded by CM Ackerman. All in favor. Motion carried. 4. Open Forum: 4.1- Special Presentation: A. Lenny Walker, Wright County Drug Task Force Presentation. Sergeant Lenny Walker, head of the Wright County Drug Task Force, President of the Minnesota State Association of Narcotics Investigators and a Deputy US Marshal described Wright County Drug Enforcement. Sergeant Walker has been a Wright County Deputy for 20 years. A Drug Enforcement News Letter is now being published and he will make sure Otsego residents receive this. Wright County has a zero tolerance policy. He explained his department's budget, case load and computer data bank. Sergeant Walker explained how federal money received by the state for drug enforcement has not increased since 1989. Otsego is 18% of his case load. Otsego and the surrounding area is showing increases in drug crime because of population growth. Sergeant Walker is trying to increase his City Council Meeting of October 26, 1998, cont'd. Page 2. funding and asked for a $1.00 per citizen donation for FY2000. Mayor Fournier thanked Sergeant Walker for his presentation. Mayor Fournier requested an item on the next City Council Agenda to discuss a financial contribution. 4.2. Any ether Open Forum: Brian Zilka, 9402 Large Court NE. In response to Sergeant Walker's presentation, he said newspaper should be encouraged to publish drugs arrests, convictions and sentencing to discourage future offenders. Sergeant Walker supported this suggestion and asked that this request is passed on to the local papers. 5. Consent Agenda. No items. 6. Dan Licht, Assistant i y Planner: Scott Richards attended the Council Meeting for Mr. Licht. Mike Robertson, City Administrator, reviewed staff s report. Keith Knutson, 6630 Odean Ave NE. He stated he will be placing screening all the way around the property and the new building will be for the cars that are sitting outside. City Attorney MacArthur noted that to modify the CUP would require a 4/5 vote. Mayor Fournier motioned to amend Condition Number 3 in the Findings of Fact to read the two (2) detached accessory structures are to be removed from the property within two (2) years and the 12 X 15 foot accessory building remain if it is refurbished within two (2) years. Seconded by CM Wendel. Discussion: CM Berning questioned the definition of refurbished. Mayor Fournier stated his intent of the Motion is to re -do the building entirely. Mr. Knutson described his plans. CM Heidner stated if this motion is approved he wants to see a bond in place until improvements are done. Voting For the Motion: CM Wendel, Mayor Fournier Voting Against the Motion: CM Ackerman, CM Berning, CM Heidner. Motion Failed three (3) to two (2). 6.2_ Consider CUP for aDnlicant/owner Mark and Terese Ahmann 426 Large Court NE PID 118-156-001050 S13 T121 R24 Lt_ B1 Rolling Ridge Creek Al Zoned 1)rogerrtty as follows: 1 _ A Conditional Use Permit to allow the following: A_ Accessory building size greater than 1,5 ft on a singles family lot - B. Total accessory area greater than 2,000_sTt. on a single family lot. Scott Richards presented the NAC Report. Mark Ahmann, 9426 Large Court NE. Mr. Ahmann stated his current garage is 750 sq. ft. The proposed building will be moved back further on his lot and size will be reduced. City Council Meeting of October 26, 1998, cont'd. Page 3 He has the approved consent of his neighbor and owner of adjacent vacant lots. Mr. Ahmann also stated he will be planting 10 to 12 foot evergreens all around the new building. He also noted his lot is about 2 acres in size and surround by agricultural land. He wants to store everything inside this new garage and encourage the Council to approve his request. The new structure will be vinyl sided with a brick front. In response to CM Heidner, Mr. Ahmann stated his house is about 3,000 square feet. CM Heidner motioned to approve the Conditional Use Permit to allow a detached accessory building no greater than 2,000 square feet on a single family lot and therefore, the total accessory area greater than 2,000 square feet subject to the conditions listed in the Findings of Fact. Approval is based on applicant having a two (2) acre lot with a 3,000 square foot house and the accessory space being less than the total of the house. Seconded by Mayor Fournier. All in favor. Motion carried. 6.3. Consider CUP for annlicandowner James Boles 8888 OdellAve NE n PID 118-018-002100 L.10 B2 Halls Addition R-3 Zoned in S 21 T121 R23. Request is as follows: L A Conditional Use Permit to allow the following: A. More than one detached accessory building on_a single family lot. Scott Richards went over the NAC Report. CM Heidner motioned to approve the Conditional Use Permit to allow a detached accessory building on a single family lot subject to the conditions listed in the Findings of Fact. Seconded by CM Ackerman. All in favor. Motion carried. 6.4. Any other Planning Business. Mike Robertson said the Planning Commission discussed they want to review the Accessory Buildings as part of the Zoning Ordinance update. Carl Swenson, Chair of the Planning Commission, was in attendance and explained the Planning Commission has set special Planning Commission Meetings in November to review the Zoning Ordinance and would like the Council to attend. 7. Larry Koshak. City Engineen 7.1. Well #2 Construction: a. Change Order #1 Larry Koshak reviewed the Change Order indicating that it would result in a reduction in cost of $3,600. CM Heidner motioned to approve Change Order #1. Seconded by CM Ackerman. All in favor. Motion carried. Mr. Koshak stated Fehn Construction did some ponding work near the Well #2 today for about $1,000.00. Completed. City Council Meeting of October 26, 1998, cont'd. Page 4. 7.2. Odean Avenue Project a. Review clans availar Larry Koshak reviewed plans with Council. Mr. Koshak discussed the availability of access to the site on November 1, 1998. Mr. Koshak also said he has hired a subcontractor to do the inspections. 7.4. Report on 83d St_ Culvert repair Cont. from 9-28-981 Larry Koshak went over the estimates. CM Berning motioned to proceed with the Mason Avenue Culvert repairs as quoted with funds coming out of the Revolving Capital Improvement Fund. Seconded by Mayor Fournier. Discussion: CM Heidner questioned if all future culvert projects will come out of this Fund. CM Berning responded that this culvert is replacing a culvert of same size and, therefore, very little improvement. He doesn't see a need to assess unless there are major improvements and he supports this being paid out of the General Budget. All in favor. Motion carried. The Council discussed with staff implementing the Watershed Maintenance Fee Program. The Council agreed to have this issue placed on the first meeting in February 1999. 7.5. Any other Engineering Business. Mr. Koshak stated Otsego has over $900,000 in the MSA Fund as of 9-1-98. The State is questioning why this hasn't been spent and they want a five year construction plan submitted by November 15, 1998. The Council agreed for Larry Koshak to respond to the State. 8. Andrew MacArthur, City Attorney: 8.1. Discussion and consideration of approval of Otsego/Dayton Sewer Agreement, Mr. MacArthur went over the changes. The Council discussed the easement with pipe coming from Dayton. CM Wendel motioned to remove the wording "and the cost of the sewer pipe or other improvements within the easement" from No. 15, Page 10. Seconded by CM Ackerman. All in favor. Motion carried. The Council agreed to a change on Page 2, Item 2. of the toLaL plant capacity rather than available. The Council agreed to remove No. 4 on Page 7. Mr. MacArthur reviewed his memo dated October 26, 1998 on 12. Expansion. After Council discussion it was decided that Mr. MacArthur would make the recommended changes and forward the agreement to Dayton's City Attorney. City Council Meeting of October 26, 1998, contd. Page 5. $.2. Discussion Mr. MacArthur reviewed. CM Wendel reported what the Heritage Commission discussed regarding the Peavey House. They would like to see the City hire a Business Manager to manage the rental of the Peavey House. They would also like to have a joint meeting with the City Council and Parks Commission to discuss the future of the Peavey Site. The Heritage Commission strongly recommends not to sell the Peavey Site. The Heritage Commission also changed their November meeting date to the 19th because of Thanksgiving. They will be working on the Vogel Report at their November meeting. Joy Swenson, Heritage Commission, recommended to just leave the Peavey House as is and to rent it out until the Heritage Commission can discuss a historic area which would include the Peavey House. The Heritage Commission hasn't had a chance to make any specific plans or talk to a consultant. Elaine Beatty read Jerry Olson's memo. The Council requested a more detailed list of repair work to be done. Utilities also need to be checked out. B. Any other Council Business Parrish Ave Traffic Patrol Mike Robertson said he did contact the Sheriffs Office but since he was out of the office last week he hasn't heard a progress report. Community Recreation Board T CM Beming brought up the referendum Elk River is having for a pool. Will Jeff Asfahl manage this? Jeff is currently managing Youth Bound for the City of Elk River. CM Berning stated he and the representative from Rogers took the direction that Community Rec. can continue to maintain the fields and provide swimming lessons but should not manage Youth Bound. CM Beming asked how the Council felt. The Council agreed and suggested that if needed, Youth Bound could rent Jeff Asfahl's time. CM Beming reported the Haunted House was a huge success and suggested a letter of congratulations should be sent to the Parks Commission. Public Works Part Time help. Mike Robertson reported Chuck Hanson was hired and started 1.5 weeks ago and is working out well. CM Ackerman left at this point. Mayor Fournier asked if the City is prepared for FY2000. Mike Robertson responded saying he is working with Rob Snavely, Softronics, to make sure software is ready. The Council directed Larry Koshak to make sure the well controller and plans and specs are compliant FY2000. City Council Meeting of October 26, 1998, cont'd. Page 6 Also noted was the November 10, 1998 Public Hearing for the Sewer District Portion. for the Zoning Ordinances. 9.2. Mike Robertson, City Administrator - ate: A. Consider Personnel Policy Item 9.2.A. will be on the November 9, 1998 City Council Agenda., 9.3. Elaine Beatty, City Clerk - update: A_ Set date of (Thursday) November 5, 1998 (4PM) for Council to meet as a Canvassing Board for City Elections_ Mayor Fournier motioned to set Thursday, November 5, 1998, 4 PM for the Canvassing Board for City Elections. Seconded by CM Wendel. All in favor. Motion carried. 9.4. Consider Claims List for approval. CM Wendel motioned to approve the Claims List as presented. Seconded by Mayor Fournier. All in favor. Motion carried. 9.5_ Closed Session for Attorney/Client Privilege with City_Attorney Andrew MacArthur and Council- CM .o ncil- CM Berning motioned to close the City Council Meeting. Seconded by CM Wendel. All in favor. Motion carried. Meeting closed at 10:21 PM. Attending: Mayor Larry Fournier; Councilmembers: Virginia Wendel, Mark Berning, Vern Heidner. Absent: CM Suzanne Ackerman. Staff: Mike Robertson, City Administrator; Elaine Beatty, City Clerk/.Zoning Administrator; Judy Hudson, Deputy Clerk/Treasurer; Andrew MacArthur, City Attorney; Larry Koshak, City Engineer. CM Berning motioned to re -open the City Council Meeting. Seconded by Mayor Fournier. All in favor. Motion carried. Meeting re -opened at 11:04 PM. 9.6. Adjourn by 10 PM_ CM Berning motioned to adjourn. Seconded by CM Wendel. All in favor. Motion carried. Meeting adjourned at 11:04 PM. Mayor Ldi6 Fournier Attest: Elaine Beatty, City Clerk/Zonin Adm. udson, Deputy Cler