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12-10-01 CCCITY OF OTSEGO CITY COUNCIL MEETING DECEMBER 10, 2001 COUNCIL CHAMBERS OTSEGO CITY HALL 6:30 PM 1. Mayor Larry Fournier will call the meeting to order. Mayor Fournier called the meeting to order at 6:30 PM. Roll Call: Mayor Larry Fournier; Councilmembers: Vern Heidner, Jerry Struthers, Suzanne Ackerman, Virginia Wendel. Staff: Mike Robertson, City Administrator; Judy Hudson, City Clerk/Zoning Administrator; Andrew MacArthur, City Attorney; Ron Wagner, City Engineer and Scott Richards, Assistant City Planner. Pledge of Allegiance: Mayor Fournier led in the Pledge of Allegiance. Truth -in -Taxation Meeting. Mayor Fournier explained that although the Truth -in -Taxation Meeting was not required by the State this year the Council still wanted to hold one. A. Approval of the proposed 2002 Budget Mike Robertson presented the budget for 2002 and went over his December 5, 2001 memo regarding the 2002 Tax Levy and Budget. Mayor Fournier suggested that the city no longer participate in subsidizing the monthly recycling program and transfer the 2002 Recycling budgeted amount of 545,000 to the Police budget. CM Heidner agreed but suggested to leave the 2002 Police hours at 16 hours per day and use the $45,000 towards starting Otsego's own police officer and continue to contract with Wright County. CM Struthers agreed to the removing the $45,000 from the Recycling Budget and recommended to pull the debt service out of the Levy and put all this money towards starting an Otsego Police Department. CM Heidner stated he couldn't support this at this time because of the effect it would have on the levy limits. But, he felt this could be done in the future after he sees how State Legislation affects the taxes. CM Wendel agreed with CM Heidner. Mayor Fournier motioned to no longer participate in the Recycling Subsidy and to transfer the 2002 Recycling Budget of $45,000 to the Police Budget effective January 1, 2002. Seconded by CM Struthers. All in favor. Motion carried. The Council agreed to leave the 2002 Police Hours at 16 hours per day for the start of the year. CM Wendel motioned to accept the Amended Budget for Year 2002. Seconded by CM Ackerman. All in favor. Motion carried. B. mproval of Resolution 200 1 -3 8 setfini g a Fina Tax Levy for 2002 Budget Appropriations. CM Ackerman motioned to approve Resolution 2001-38 setting a Final tax Levy for 2002 Budget Appropriations with the Total Tax Levy set at $1,163,468.00. Seconded by CM Wendel. All in favor. Motion carried. City Council Meeting of December 10, 2001. Page 2. 2. Consider agenda approval. Mike Robertson requested to add under Item 7.3. EAW for West Sewer Site and under 9.1. Consideration of increases SAC and WAC Fees and update of the Wilson property. Mayor Fournier requested to add under Item 3.C. Minutes of Council Workshop of December 6, 2001 and under Item 7.3. Reconsider West Wastewater Treatment Plant Site. CM Heidner motioned adoption of the December 10, 2001 Agenda as amended. Seconded by CM Wendel. All in favor. Motion carried. 3. Consider the following minutes: A. City Council Meeting of November 29, 2001. Mayor Fournier motioned to adopt the minutes. Seconded by CM Ackerman. All in favor. Motion carried. B. July 30, 2001 Public Hearing on 88`h Street Improvement. CM Heidner motioned adoption. Seconded by CM Struthers. All in favor. Motion carried. C. December 6, 2001 Council Workshop. CM Heidner requested to include in the minutes that by moving the site further north, approximately half a million dollars will be saved by eliminating a lift station. CM Heidner motioned to adopt the amended minutes. Seconded by CIN'I Struthers. All in favor. Motion carried. 4. Open Forum: No one appeared on Open Forum. 5. Consent Auenda. (Non -controversial items 5.1. Approve Claims List. 5.2. Approve Final Payment of $23,679.00 to Gridor Construction including_a Change Order for a deduction of $3,041.10. (East Wastewater Treatment Plant Phase I). Mayor Fournier motioned to adopt the Consent Agenda as presented. Seconded by CM Ackerman. All in favor. Motion carried. 6. Dan Licht, City Planner: 6.1. Rezoning. Preliminary and Final Plat for Autumn Woods III Addition. Scott Richards presented the Planner's Report. Ron Wagner stated the new easement for drainage will be turned over to the city, which would allow the city to make any improvements needed. Jim Peterson of Trailhead Development stated that the area around this parcel was platted in late 1980's and the owner of this portion didn't want to be a part of the development. The current owner is willing and with this development the current condition of the waterway should improve. Mrs. Lisa Young, property owner to the north on Quilley, stated when the ditch fills it pools on her property and she feels if the ditch was graded this would eliminate a lot of City Council Meeting of December 10, 2001. Page 3. this pooling of water. Jim Peterson said he will have his surveyors take shots of this area and work with Ron Wagner to determine where the problem is and try and get it corrected. C;`I Heidner motioned to rezone property located northwest of CSAH 36 and Quilley Avenue from A-1 District to R-3 District allow development of a single family use as part of the Autumn Woods 3'd Addition Preliminary and Final Plat. Seconded by CNI Struthers. All in favor. Motion carried. CNI Heidner motioned to approve the Preliminary and Final Plat titled "Autumn Woods 3'd Addition to allow development creation of one new single family use and dedication of necessary drainage and utility easement subject to the three (3) conditions listed in the Findings of Fact. Seconded by CNI Wendel. All in favor. Motion carried. Nlayor Fournier motioned to direct the City Engineer to review the drainage issues in this area of Autumn Woods 3'd Addition and property directly to the North on Quilley and to bring back a solution to the City Council. Seconded by CINI Heidner. All in favor. Motion carried. 6.2. CUP to build a single-family residence in the 100 -Year Floodplain. and variance to build an access to the property below the regulatory flood elevation for property located on Parrish Avenue. Scott Richards presented the Planners Report. Ron Wagner reviewed State Rules for individual treatment systems in the floodplain. The applicant did submit a septic design. Mr. Wagner said the mound system could be installed as an alternate system although it may not prevent storm water and septic water from mixing. Tad and Troy Winterfield were present. Troy discussed the septic design and the access issue. Mayor Fournier stated the variance is not for the septic but for the access. Tad said he would move off the site if flooding occurs. The Council discussed the flooding situation that occurs regularly in this area. They have concern with cross contamination of septic and storm water during events greater than 10 Year. They also discussed the dike, which is a temporary dike that both the state and the Army Corps of Engineers said they do not own and will not maintain or fix. CNI Struthers motioned to deny the variance to allow construction of a home on a parcel with access that is more than two feet below the Regulatory Flood Protection Elevation based upon the Findings of Fact. Seconded by Cl\I Ackerman. All in favor. Motion carried. Cill Heidner motioned to deny the application for a conditional use permit to allow construction of a single family dwelling on a parcel within the Flood Fringe District and which has a lot area less than 75 percent of the applicable Zoning District minimum based upon the attached Findings of Fact including the recent information received on septic systems. Seconded by CM Ackerman. All in favor. motion carried. City Council Meeting of December 10, 2001. Page 4. 7. Ron Wagner, City Engineer: 7.1. Consider approval of Pay Estimate #1 to Meadowvale Construction For 7f Street Culvert Replacement. Ron Wagner reviewed and recommended approval of the payment of 530,001.00. CM Struthers motioned to approve Pay Estimate #1 as recommended by the City - Engineer. Seconded by CM Heidner. All in favor. Motion carried. 7.2. Anv other Engineering Business. A. Reconsider West Sewer Treatment Plant Site, Mayor Fournier stated that by moving the site further north of the previously selected site, the City would save approximately 5500,000 by eliminating a lift station. Mayor Fournier motioned to rescind the motion from the November 29, 2001 City Council Meeting of selecting Site No. 2. Seconded by CM Struthers. All in favor. Motion carried. The Council also agreed to look at obtaining 20 acres. CM Struthers motioned to approve Site No. 3 for the `Vest Sewer Treatment Plant Site. Seconded by CM Wendel. All in favor. Motion carried. CM Heidner motioned to authorize Bonestroo Engineering Firm to begin the EAW process for the West Sewer Treatment Plant Site and for any other permits needed. Seconded by CM Struthers. All in favor. Motion carried. The Council directed Ted Field to start with a 600,000 GPD treatment plant and get the permit for a higher amount. 8. Andrew MacArthur, City Attorney: 8.1. 2002/2003 Sheriffs Contract. CM Wendel would like to continue with Wright County Sheriff for Year 2002 and set workshop to discuss Otsego's Police Department. CM Heidner would prefer not to sign the contract it automatically continues coverage for one year. Andy MacArthur stated a decision is needed by August 15, 2002 as stated in the contract. CM Struthers and Mayor Fournier want to continue with Wright County for one year. CM Wendel motioned not to sign the contract with the Sheriffs Department since the City will still be covered for one year and to have a workshop to discuss forming Otsego's own police department. Seconded by Mayor Fournier. All in favor. Motion carried. 9. Council Items: A. East and West Sewer Plant Update. Previously discussed. B. Set Public Works sub-committeerneeting. Mayor Fournier requested to wait with this until next year when the new sub -committee members are appointed. City Council Meeting of December 10, 2001. Page 5. 9.1. Mike Robertson. City Administrator: 9.1.a. Wilson property Mike said he met with the County Auditor and Assistant County Attorney regarding the Karen Wilson property. Ms. Wilson has agreed to pay the back taxes. The property has not been cleaned up. The County will continue to try to get them to clean this property up. The Council asked to be kept informed. 9.l .b. SAC and WAC charges The Council directed Mike to raise these charges according to the Engineering Construction Inflation Index Manual. 9.2. Judy Hudson, City Clerk. A. Resolution 2001-37 authorizing and pledgingsupport for Voting Equipment Grant Application. CSI Heidner motioned to adopt Resolution 2001-37. Seconded by CNI Ackerman. All in favor. Motion carried. 10. Adjourn by 10 PM. CM Wendel motioned to adjourn. Seconded by CINI Ackerman. All in favor. Meeting adjourned at 8:52 PNI. N415'y L Fo mier A es and(Io Fed- by: Judy Hudson, City Clerk