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01-22-96 CCCITY OF OTSEGO WRIGHT COUNTY, MINNESOTA CITY COUNCIL MEETING 6:30 PM COUNCIL CHAMBERS OTSEGO CITY HALL JANUARY 22, 1996 1. Mayor will call meeting to order. Mayor Freske called the January 22, 1996 City Council Meeting to order at 6:30 PM. Roll Call: Mayor Norman F. Freske; Councilmembers; Suzanne Ackerman, Ron Black, Larry Fournier, Vern Heidner. Staff: Andrew MacArthur, Attorney; Bob Kirmis, Assistant Planner; Larry Koshak, City Engineer; Elaine Beatty, City Clerk/Zoning Administrator; Phyllis Cokley, Business/Finance Director; Judy Hudson, Deputy Clerk. 2. Consider Agendarl oval - Mayor Freske requested the addition of. Item 9.6.- Letter to Wright County regarding Wetland Conservation Act. CM Fournier requested the additions of: Item 10.5.1. - Jerry VonKorff s Letter of January 17, 1996, Item 10.5.2. - General Membership of Gateway Chamber of Commerce, and Item 10.5.3. - Public Information Meeting for Mississippi River Crossing for January 30, 1996 at the City of Becker. CM Black requested the additions of Item 8.2. - Response by City to Mr. Lefebvre's claim for damages and move Item 10.2. to under Item 9.5. CM Fournier motioned to adopt the January 22, 1996 City Council Agenda as amended. Seconded by CM Black. All in favor. Motion carried. CM Heidner motioned to adopt the January 8, 1996 City Council Minutes as amended. Seconded by CM Ackerman. All in favor. Motion carried. (Discussion occurred between the motion being made and the actual vote) Discussion: CM Fournier noted a correction of Page 4 in discussion of Motion. Should read CM Heidner and CM Ackerman Volunteered. Another correction was under Item 10.1., with the correct date of January 22, 1996. 4. Special Presentations. A. Jeff Asfahl - Community Recreation Update, Jeff Asfahl, Coordinator of Community Recreation Board, presented a Report (attached) to the Council illustrating the Community Recreation Boards accomplishments and activities for 1995, as well as their goals for 1996. The Report also included Otsego's Otsego City Council Meeting of January 22, 1996, cont'd. Page 2. past and current offerings for Programs. Jeff Asfahl estimated there were approximately 1,200 participants from Otsego in the 1995 Programs. Comments and questions from the Council. CM Fournier asked when considering new programs for development, how does Jeff base his decision. Mr. Asfahl explained that evaluations are done at the end of programs letting participants make suggestions. Community Education also pass on comments. Mr. Asfahl also gathers information and stays abreast of programs through his professional contacts. CM Fournier also questioned the Goal for 1996 of increasing Joint Powers participation's. Mr. Asfahl reported there is currently 85% of regional participation but would like to attract more like Big Lake Township and Frankfort Township and hopefully the Program's success will attract them. Mayor Freske asked about the fees for non -participating communities and when he found out they are higher, he hopes they will pressure their communities to participate. Jeff Asfahl said residents rely on him and his office for information and assistance. He thanked the Council for their support and expressed his appreciation of having CM Black on the Community Recreation Board. No one appeared on Open Forum. CM Black motioned to adopt the Consent Agenda. Seconded by CM Fournier. All in favor. Motion carried. Bob Kirmis reported at the November 27, 1995 City Council Meeting, the Council approved an Amendment to the PUD/CUP, allowing bumper boats, bumper cars, kiddy track and arcade storage building. Since that time, the Thibodeaus have approached the City to modify their previous plan to include a Laiser Tag Facility. This meeting is for the Council to decide whether this modification of adding the proposed Laser Tag Activity necessitates a formal PUD/CUP amendment, through the Public Hearing Process. The Zoning Ordinance indicates that a hearing is needed if a PUD/CUP is substantially modified. Mr. Kirmis said typically if there is a minor type of modification and no impact there might not be a need to go the Hearing Process. Otsego City Council Meeting of January 22, 1995, cont'd. Page 3. This modification shows a building being expanded from 1,320 square feet to approximately 3,550 square feet. Margaret Thibodeau reported an area will be set up for twelve (12) participants. They wear vests and have a laiser gun. This is both individ.ial and team participation. Each game set would last about 10 to 15 minutes. Comments from Council CM Fournier asked if the Thibodeaus had contacted any commercial neighbors on this change. Margaret replied they had not. CM Heidner wanted to note for the record that he has previously been a consultant for Minn -E -Golf but not to any great extent. He asked if the building height would change and if this proposed addition would be a year around operation and whether or not the previous proposal was just for the summer. Mrs. Thibodeau replied the height would not change and the Laser Tag would be a year around operation same as the Hobby Shop and that the previous proposal was just for a summer operation. CM Black noted the lack of public concern and no objection from the previous hearing. This modification doesn't appear to be impacting outside activities and he doesn't see the need for an additional hearing. Mayor Freske agreed and noted the City Engineer's comments in his Letter of January 17, 1996. CM Fournier motioned to accept staff recommendations to add this modification to the present agreement. Seconded by CM Black. All in favor. Motion carried. (Discussion occurred between the motion being made and the actual vote) Discussion: CM Black stated he discussed this modification with Bob Kirmis earlier that day and asked Bob that if the original plan would have shown this modification in it, would it have made any difference in that Hearing and CM Black was told it wouldn't have. Bob Kirmis stated the parking requirements should be met. Andy MacArthur's concern was this might set a precedent for what is considered substantial. He reviewed this development on this property with Larry Koshak. They both feel that the more important issue is that a more comprehensive description of what is allowed and not allowed within the easement and conditions for change or removal of structures be addressed in the Developer's Agreement. CM Heidner commented that from a neighborhood perspective, there shouldn't appear to be any substantial changes which would impact the neighborhood. CM Fournier pointed out, if at the time a storm water drainage goes through in this particular City Lot, he feels confident the City wouldn't have any further need of that easement. None Otsego City Council Meeting of January 22, 1996, cont'd. Page 4. 8.1. See 9.1. under City Engineer 82. Any other Legal Business, 8-2.a- Response by City to Mr_ L.efebvre's Claim for damage. Mr. MacArthur reported that based on a phone conservation with Jim Lefebvre and Larry Koshak, Mr. Lefebvre's contention for the $1,000 is broken down to $200, for City's use of property and $800 as a one year license to allow extra drainage on his property. Mr. MacArthur recommended not to pay the $800. This would be reviewed if Mr. Lefebvre can provide proof to the City that there was damage to crops or show the extent of the use of property. CM Black motioned to adopt the City Attorney's recommendation. Seconded by Mayor Freske. All in favor. Motion carried.. (Discussion occurred between the motion being made and the actual vote) Discussion: CM Fournier asked what type of proof would Mr. Lefebvre need. Mr. MacArthur said what the square footage was used for a period of time use plus whatever crops he lost. Mr. Lefebvre has provided no evidence that the City Engineer's numbers are wrong or why they are wrong. The Council directed Staff to send copies of the City Engineer's Letter and City Attorney's Letter to Mr. Lefebvre. 9-1 Feasibility Study for O s .go Creek Authority Project- (attached) Mr. Koshak had provided to the Council copies of the Preliminary Feasibility Report for Improvements to Otsego Creek. The application was approved by the DNR, to clean out a portion of the channel from 87th Street to the East by Mason Avenue, put in a new creek crossing at the Pouliot's Driveway and a new culvert under 83rd Street. The Engineer recommends a concrete pipe under 83rd Street and a corrugated metal pipe under the driveway. According to the Engineer's study a concrete pipe lasts twice as long as a metal pipe. Mr. Koshak went over the cost study as outlined in his report. The total project amounts to $93,585. Mr. Koshak discussed the project financing. The project costs would be placed on the property tax by establishing a levy against the tax capacity of each taxable property. CM Fournier questioned the use of a concrete pipe. With the possibility of so many changes that could occur in Otsego he questioned the added expense at this time. CM Fournier also commented that the project seems more expensive than previously thought. Otsego City Council Meeting of January 22, 1996, cont'd. Page 5. CM Heidner agreed with CM Fournier and would be in favor of reducing the culvert to a metal one to save overhead costs. CM Heidner thought the project was to come in at around $37,000. Mr. Koshak agreed the figures are high but he is pulling in costs that already have been spent. He still recommends that concrete pipes should be placed under City Streets. Otsego Creek is under Storm Water Management Control and wouldn't need another size culvert per the DNR. The program they use now, they try to reduce the flow. CM Heidner would like to see the taxing difference between using concrete and metal culverts. Mr. Koshak went over the Otsego Creek Taxing District. Mayor Freske noted for the record this just involves the City of Otsego and not Albertville. There are approximately 376 parcels and of these: 164 are Farm Homesteads 15 are non - Homesteads Ag 183 are Residential Homesteads 8 are Non Homesteads -Residential 6 Public Parcels Acreage: Homestead/Agricultural 59 parcels are 19 acres or less 37 parcels are 20 acres or more 82 parcels are 40 acres or more Residential (Homestead and non homestead) 191 parcels are less than 10 acres majority are 5 acres or less Farmstead and Residential properties 250 parcels are less than 19 acres Total acreage in taxing district is approximately 7,320 acres In the Otsego Creek Taxing District, the statistics from the tax records show a tax capacity of approximately $240,938. Over 1,000 tax parcels of tax capacity of $83. 500 - 999 parcels at $131. 499 parcels and under at $163. Tax capacity times the tax rate is what gets taxed. The estimated project cost is $93,585. The estimated tax capacity in the District is $240,938, increase per tax capacity for the project is 0.3884. Mr. Koshak gave the following example: The average tax capacity for the district is 650, modest residential unit. The 1995 tax rate blended with the two school districts is 1.2520, spread levy over 5 years, 650 x 1.077 x 1.2520 total tax is $877.03, subtract 650 x 1.2520 for $813.80 (actual tax) increase for project $63.23 for each 5 years, spread over 10 years $31.58 each year. Otsego City Council Minutes of January 22, 1996, cont'd. Page 6. Phyllis Cokley questioned using tax capacity. The school uses Market Value. Phyllis said this should be checked out. Andy MacArthur suggested for Council to look at the numbers and contact the County and determine the way they will accept it. The way the Statute is written, it doesn't state what method to use or approve any method just that you can do a levy. There was discussion on methods of taxing and options. Using the assessment method you have to show benefit. The Council would like more information and directed Larry Koshak and Phyllis Cokley to check with the County how to apply taxing district to the tax rolls. CM Heidner motioned for the City Engineer to submit the application for the 1999 ISTEA Funds for ODean Avenue. Seconded by CM Black. All in favor. Motion carried. CM Black motioned to accept the City Engineer's Recommendation of hiring Water Quality Laboratory for water testing in 1996 of Monitoring Wells for $415.00. Seconded by CM Fournier. All in favor. (Discussion occurred between the motion being made and the actual vote) Discussion: CM Fournier asked what the 1995 cost of monitoring was. Per Larry Koshak, $375. CM Heidner asked how long does this have to be done and does it only benefit the residents by the wells. Larry Koshak said the Monitoring Wells are located in three areas of the City and the purpose is to track the ground water, and provide any detection of effluent from septic/drainfield. Wells are located at the downstream end of water table. General information for the full Northeast corner of the City. 9.4. Consider setting_a Public Works Sub -Committee Meeting_ Tentatively set for Friday, January 26, 1996. 9.5. Any other EngineeringBB usiness- Larry Koshak had a call from Rod Winter's Attorney. They are in the process of settling with the State for ROW and Attorney is working to get Quale Avenue back into the Project Loop. Mr. Koshak told him the Council wouldn't go with it unless he had a full petition and assume full assessments. CM Black said the City should get their money back for the plans and whatever they do it won't cost the City any money. City Council minutes for January 22, 1996, cont'd. Page 7. 9.5.a, Wetland Adminis rative Reimbursement Mayor Freske wants pressure put on the County Commissioners to get some reimbursement for our expenses. CM Black motioned for City Staff to put together a memo on behalf of the City Council that expresses our concerns of possible lack of support regarding this matter and fax over to County ASAP. Seconded by CM Fournier. All in favor. Motion carried. 10.1. Mayor Freske will assign Committee Duties to Council Memb Mayor Freske made the following appointments of Council Representatives: Planning Commission - Larry Fournier Suzanne Ackerman, Alternate EDAAC - Norman F. Freske Larry Fournier, Alternate Park and Recreation - Ron Black Larry Fournier, Alternate Heritage Preservation - Suzanne Ackerman Ron Black, Alternate Community Park Board - Vern Heidner Ron Black, Alternate Public Work Committee - Norman F. Freske Suzanne Ackerman Vern Heidner, Alternate Administrative Staff Committee - Ron Black Larry Fournier Norman F. Freske, Alternate Otsego Creek Authority - Vern Heidner Suzanne Ackerman Larry Fournier, Alternate Sewer Committee - Norman F. Freske Vern Heidner Ron Black, Alternate Urban & Rural Taxing District - Norman F. Freske Larry Fournier Vern Heidner, Alternate Note: Since CM Black is the current Chair of the Community Park Board and elections will be held next month, CM Heidner will start in March. CM Heidner motioned to adopt the appointees as appointed by Mayor Freske. Seconded by CM Black. All in favor. Motion carried. City Council Minutes of January 22, 1996, cont'd. Page 8. 10-2- Consider options regarding 1996 ISTEA Grant for Parks Tr ils. Phyllis Cokley reported that in December Merland Otto presented a grant project for feedback from the Council regarding Otsego's share. The City Council directed Merland Otto, Larry Koshak and Phyllis to review different funding sources and options. Attached is the summary of possible funding options and project costs. They listed two scenarios with funding options. Council_ Comments CM Heidner and Mayor Freske both expressed they would like to see the Otsego Prairie Park completed first. CM Fournier said it is the Park and Recs. intent to finish the Park first but then this opportunity of Grants came along, and also they recommend that the 1998 Grant not be applied for. CM Fournier said it makes sense to do something with the first grant and let the second one go. CM Black asked the Finance Director if the Park Development Fund is the only source of funding that is available right now to complete what has been started. Phyllis replied yes unless the Council wants to levy more. CM Black's observation that with this report we are able to look at the whole picture. He supports CM Fournier statement this is an opportunity but supports the scaled down version (Option I, Scenario II). Other Communities have developed parks with funds other than tax revenues. He suggested moving ahead and continue the work on Otsego Prairie Park and look for other sources of funding and possible outside sources of funds. He Expressed concern about committing so far into the future. CM Heidner was concerned with the 3 year plan of $15,000 which was already committed to pay for the $100,000 DNR Grant. Phyllis said we have received $35,000 back therefore we have spent $70,000. The Grant Match brings the Fund to zero. Scenario II, Option U will eliminate land acquisitions. The trail will go along Palmgren Avenue. CM Fournier motioned to accept Scenario II, Funding Option II. Seconded by CM Black. Voting For: CM Ackerman, CM Black, CM Fournier, Mayor Freske. Voting Against: CM Heidner Motion carried four (4) to one (1). (Discussion occurred between the motion being made and the actual vote) Discussion: CM Heidner objected for reasons of committing to spending money for the next 4 to 5 years. Phyllis Cokley asked about using MSA Funds, maybe use a combination of Options. CM Black prefers not to spread out too far and should take advantage of using MSA Funds. He feels there are two issues: 1. Should we use MSA Funds. 2. If yes, then he would be open to any suggestion, preferring to use less than $76,000. He shared concerns with CM Heidner's concerns but felt they should get conclusion on the Philosophy then get a staff recommendation on how to proceed. Mayor Freske was concerned with Page 2, Sec 2 Option 2, borrowing $39,000 from MSA doesn't match the figures shown on Page 3 under Funding Sources, Scenario II. Otsego City Council Meeting of January 22, 1996, cont'd. Page 9. Phyllis stated money in Fund does match through intervened borrowing. Mayor Freske stressed this money is to be paid back. CM Fournier agreed. Phyllis will bring a Resolution to the Council. CM Fournier motioned to rescind the Request for the 1998 ISTEA Grant. Seconded by CM Heidner. CM Fournier withdrew his motion. CM Heidner withdrew his second. Motion failed. Discussion: CM Black will not support this motion and wants to have this put on the Agenda to give the Parks and Recs. and Merland Otto an opportunity to comment on it. CM Fournier motioned to set January 25, 1996 at 6:30 PM for a City Council Workshop regarding the Southwest Area of Otsego. Seconded by CM Black. All in favor. Motion carried. 10.4. Review and Comment on Proposed Legal Services Agreement CM Black and Phyllis Cokley briefly went over the proposed Legal Service Agreement, which they distributed to the Council. The next step is to submit it to Andy MacArthur. CM Black suggested Staff investigate this further and contact the author of the Bill and get a copy. Also contact area legislators and have them contact the author of the Bill. Andy MacArthur said there is currently a bill pending regarding annexation. 10-5-2. Letter from Gateway Chamber of Commerce: The Chamber is talking of dissolving. Elaine Beatty and Judy Hudson said they will attend the luncheon on January 23, 1996. 10-5-3- Public Information Meeting for Mississilpi River Crossings at Becker The Council directed Staff to check into this meeting with MnDOT and see if any new information is being presented. Meeting is January 30, 5 to 9 PM at Becker City Hall. 0.6. City Clerk's Update Elaine Beatty bought the Council up to date on the progress of several pending or inquiries of the Planning and Zoning Department. Otsego City Council Minutes of January 22, 1996, cont'd. Page 10. Power is the People, Local GovernmentForum held on Friday,February 16, 1996 Holiday nn CM Ackerman said she will attend. Mayor Freske said he received a letter regarding an American Cancer Relay which will be held in July of 1996. An Organizational Meeting is January 29, 8 PM. They are asking for a $1,000 donation. 10.7. Consider Claims List for A ran ov1_ CM Black motioned to accept the Claims List as presented. Seconded by CM Heidner. All in favor. Motion carried. (Discussion occurred between the motion being made and the actual vote) Discussion: CM Fournier asked the Staff how the Postal Meter and Scale are working out and Staff replied it is accommodating the needs of the office. 10.8. Adjourn by IOPM CM Black motioned to adjourn. Seconded by CM Ackerman. All in favor. Motion carried. Adjourned at 9:35 PM. Mayor Norman F. Freske Attest: Elaine Beatty, City Clerk/Zoning Administrator Recorded by: Judy Hudson, Deputy Clerk (City Seal)