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02-26-96 CCCITY OF OTSEGO WRIGHT COUNTY, MINNESOTA CITY COUNCIL MEETING 6:30 PM COUNCIL CHAMBERS OTSEGO CITY HALL FEBRUARY 26, 1996 1 _ Mayor will call meeting to order. Acting Mayor Larry Fournier called the February 26, 1996 City Council Meeting to order at 6:30 PM. Roll ll: Councilmembers: Suzanne Ackerman, Ron Black, Larry Fournier and Vern Heidner. Absent: Mayor Norman F. Freske. Staff: Andrew MacArthur, City Attorney; Bob Kirmis, Assistant Planner; Larry Koshak, City Engineer; Elaine Beatty, City Clerk/Zoning Administrator; Phyllis Cokley, Director of Finance/Business; Judy Hudson, Deputy Clerk. CM Heidner requested the addition: Item 10.4. March 7, 1996 Meeting with County concerning the Wetlands Grant. AM Fournier requested the addition: Item 10.4. Letter from City Clerk to Planning Commission dated February 23, 1996. Item 10.4. Heritage Preservation Committee, discussion of a float AM Fournier requested the deletion: Item 10.2. Review Ordinance 91-04 Ordinance Establishing Salaries for Mayor and Council. Continue this Item to March 11, 1996 City Council Meeting. CM Heidner motioned to adopt the February 26, 1996 City Council Agenda as amended. Seconded by CM Ackerman. All in favor. Motion carried. 3. Consider minutes: A. February 12. 1996 City Council Minutes, CM Heidner wanted clarification of a franchise system from City Engineer and City Attorney. He noted the minutes were correct. CM Black motioned adoption of the February 12, 1996 City council Minutes. Seconded by CM Heidner. All in favor. Motion carried. Otsego City Council Meeting of February 26, 1996, cont'd. Page 2. 4_ Special Presentations- 4.1. Earl Greer, Consider permission to have VFW fly a POW/MIA Flag at City HaL Earl Greer, on behalf of the VFW and Post 558, would like to fly a POW/MIA Flag at City Hall in honor of all the Prisoners of Wars and Missing In Action. CM Black motioned for the request of the VFW be granted. Seconded by CM Heidner. All in favor. Motion carried. (Discussion occurred between the motion being made and the actual vote) Discussion: CM Heidner asked if anyone ever turns down the VFW request. Mr. Greer said the Post Office just fly it one day a year. They were concerned if they fly this one, then other organizations would want them to fly theirs. CM Heidner asked to amend motion that if the City receives other requests, the policy would be reviewed. CM Black's reaction was not to amend motion just because one branch of government doesn't want to get involved. CM Heidner withdrew his amended motion. No one appeared on Open Forum. CM Black motioned to adopt the Consent Agenda. Seconded by CM Ackerman. All in favor. Motion carried. Staff Report Mr. Bob Kirmis stated the applicants have requested a one per forty split from a 40 acre tract land to a five (5) acre tract, which would be created. The intent of the applicant is to construct a new single family home on the five acre tract. The Planning Commission recommended approval subject to seven conditions as outlined in the Findings of Fact (attached). Otsego City Council Meeting of February 26, 1996, cont'd. Page 3. Action CM Black motioned to approve the Planning Commission recommendation for a Conditional Use Permit to allow a One per forty transfer of development rights within an A-1, Agricultural Rural Service Zoning District, and The creation of a residential lot size larger than 2 1/2 acres in an A-1 Zoning District subject to the conditions listed in the Findings of Fact. Seconded by CM Heidner. All in favor. Motion carried. 7.2. Consider request for Wayne German for the following_, A_ Preliminary and Final Plat for Island View Estates 2nd Addition, Mr. MacArthur reported the platting of Island View Estates, 2nd Addition, was requested last year. The reason for the platting was to keep from re -platting the Island View Plat. The condition would be these lots could only be attached to the bordering lots to the North. Language was provided which Mr. MacArthur had reviewed and approved. After the Planning Commission Meeting, a letter was received from John Gries, Attorney representing Walter Berning & Sons, claiming adverse possession on that part of 150 feet West of Lot 1, Block 1, Island View Estates, 2nd Addition. Mr. MacArthur talked to Mr. Gries and indicated to him that he isn't concerned over the merits of dispute, but what he is concerned with is the City going through and approving the plat and being drawn into a legal battle as a party to this. Mr. MacArthur's request was for this to be tabled, in order for him to talk to Mr. Gries to get acceptable language to both parties, to get both parties to sign off, leaving the City out of the dispute and this would be placed in the developer's agreement prior to approval. CM Heidner motioned to table this issue to be resolved to City Attorney's satisfaction. Seconded by CM Black. All in favor. Motion carried. CM Black asked if in the City's platting requirements, is title insurance required. Mr. MacArthur responded proof of title is required but not necessary through title insurance. CM Black said consideration of this should be given and he would like to see this done. Otsego City Council Meeting of February 26, 1996, cont'd. Page 4. Staff Report Bob Kirmis reported this amendment relates back to Long Haul Trucking Proposal. They had expressed a desire to erect a construction sign and found our Ordinance was lacking in accommodating that type of sign. Planning Commission has gone back and examined the issue of construction and real estate signs and have come up with an amendment. Mr. Kirmis went over the attached amendment. AM Fournier asked about speed limits quoted and since they might change, how would this affect this amendment. Mr. Kirmis explained this is a standard MnDOT defination which has been carried over into the ordinance. He has discussed this with the City Engineer and they don't view this as a problem. It is the State's definition of a Principal Arterial Street, if speed limit changes, it is still a Principal Arterial Street. CM Black motioned to adopt the amendment as outlined. Seconded by CM Heidner. All in favor. Motion carried. Mr. Kirmis, at the direction of the City Council, along with the City Engineer, prepared an outline of tasks and estimate of costs associated with an analysis of the southwest area of the City. Such analysis would provide a base of information from which rational decisions regarding appropriate future land use in the area could be made. Mr. Kirmis prepared a matrix and presented to the Council. The total amounts to $5,783, of which $2,000 is related to Engineering. Costs could be reduced by using City Staff. Phyllis Cokley reported she would like to apply for a $2,500 Grant from the MN Initiative Fund for this project. CM Heidner motioned for Director of Business/Finance to apply for the $2,500 Grant from the MN Initiative Fund. Seconded by CM Ackerman. All in favor. Motion carried. CM Black motioned to move ahead with the Southwest Plan Preliminary Analysis with as much investigation to be done in-house as possible. Seconded by CM Heidner. All in favor. Motion carried. (Discussion occurred between the motion being made and the actual vote) Discussion: In-house staff are to keep separate track of their time spent on this project. Otsego City Council Meeting of February 26, 1996, cont'd. Page 5. 88. Andy MacArthur, City Attorney- 8- 1 ttorney8.1 _ Darkenwald Family Partnership - Re: Used Car Lot Contract to use as Real Estate Office (Interim Use) Mr. MacArthur reported the Darkenwald's have requested use of this property. Since we have granted interim use along 101, it was his recommendation that as long as a recordable agreement was established with Mr. Darkenwald setting forth conditions of the Interim Use and deferment of the standards that have to come with the date that is consistent with the others along the corridor, that they be allowed to use this property for the proposed real estate advantage. Mr. MacArthur listed out three conditions in the letter dated February 22, 1996, which is attached. Larry Koshak went over the septic/drainfield concerns. He said the system is a special septic/drainfield system as far as the Ordinance is concerned. It is below the 100 year flood plain. He is requesting that the elevation of drainfield be provided and also location of septic tank be located on the site plan and location of well. John Darkenwald said it won't be a problem locating septic/drainfield, well and providing the elevation. CM Black motioned to accept the City Attorney's recommendation regarding the setting up of an agreement, including the City Engineer's requirements. Seconded by CM Heidner. All in favor. Motion carried. (Discussion occurred between the motion being made and the actual vote) Discussion: John Darkenwald said their intention is just renting this on a year by year basis with no change being made. CM Black's reaction to Mr. Darkenwald's statement is that if there are changes, they are to be reviewed at staff level. The Council agreed. 8 Any other meal Business. Mr. MacArthur reported he received publication of Notice of Hearing of Condemnation along 101. He has discussed this with the City Engineer and would like some Council Input. He recommended having Mr. Koshak do a review plan and let him know, especially with the easements, if he has any problems with what the State is proposing so he could answer in on the condemnation act to that effect. The Hearing has been established for March 29, 1996. AM Fournier motioned to authorize City Engineer to assist City Attorney to cover those issues related to the 101 project. Seconded by CM Black. All in favor. Motion carried. Otsego City Council Meeting of February 26, 1996, cont'd. Page 6. Larry Koshak presented Feasibility Report for Proposed Structure Replacements and Creek Channel Enhancements for Otsego Creek Authority (copy filed in the City Clerk's Office). The report outlines the costs and levy and he asked for City Council's acceptance. A. Consider acceptance of the Feasibility Study for Otsego Creek Project_ CM Black motioned to accept the Feasibility Study for Otsego Creek Project. Seconded by CM Ackerman. All in favor. Motion carried. B. Consider Hearing Date for Otsego Creek Project. CM Black motioned to accept Resolution 96-5 setting a Hearing for April 15, 1996, at 6:30 PM for the Otsego Creek Improvement. Seconded by CM Heidner. All in favor. Motion carried. (Discussion occurred between the motion being made and the actual vote) Discussion: Phyllis Cokley asked since the Feasibility Study states both the five (5) and ten (10) year program, which one will be sent out. Larry Koshak stated both of them will be sent. Larry Koshak said this Hearing is for establishing the District. There are basically two reasons for doing this: 1. All other areas in the City have established districts. 2. Developmental concern and should have something in force. CM Black motioned to adopt Resolution 96-6, ordering a Public Hearing regarding an Ordinance establishing a Storm Sewer Improvement Tax District encompassing portions of the geographical area of the Northwest Watershed on April 15, 1996, 6:30 PM following the Otsego Creek Improvement Project Hearing. Seconded by CM Heidner. All in favor. Motion carried. 9.3. Consider MSA Project/Projects for 1996. Mr. Koshak reported, based on the discussions at the February 22, 1996 City Council Workshop, he would like to come back in April with a proposal for a Feasibility Study for the 85th Street Project and Storm Water Drainage within that area for Feasibility Hearings to be done during 1996 for possible construction in 1997. The City Council requested the City Engineer to present his plans for the upgrade of 85th Street and Storm Water Drainage in April of 1996. 9.4. Consider estimate for Engineering in SW Area of the City - Previously discussed under Item 7.4. Otsego City Council Meeting of February 26, 1996, cont'd. Page 7. 9.5. Consider approving final payment for 88th Street Project #94-4 Per Larry Koshak, the contractor owes money to Elk River Utilities in the amount of $1,600. (Street Lights). Mr. Koshak recommends final payment of $6,134.58 to the contractor upon receiving satisfaction that this $1,600 is paid with details of payment to be worked out between himself and the Director of Business/Finance. CM Heidner motioned to award final payment to the contractor, subject to the conditions outlined by the City Engineer. Seconded by CM Fournier. All in favor. Motion carried. ISTEA Meeting: Mr. Koshak requested authorization to attend this 7W Meeting regarding funds for Odean Avenue. The Technical Advising Group (City and County Engineers) are meeting Wednesday, February 28, 1996 to make a determination of what projects are ranked. This ranking will then be submitted to the Political and Policy Groups for final decision. Mr. Koshak would be there all day. It was the Council's assumption that the Engineer's attendance is already factored into the budget and no motion is needed for authorization of attendance. Perlich Development: Mr. Koshak asked if there would be direction for Staff to answer Mr. Perlich's letter. CM Black thought the answers to the questions and the alternative options would be available to the Council for discussion and decisions and then the letter would be written with the appropriate response from the City. There are some policy issues here also. Park and Rec. Fees are set by Ordinance. Staff should have something prepared for the next meeting. The Council wants this on the March 11, 1996 City Council Agenda. CM Black referred to Mr. Perlich's letter in that he asked how his plan would fit into Otsego's Bike Trail Plan and CM Black noted Otsego does not have one. He said this would be a refinement to the Comprehensive Park Plan. CM Black is asking for the Council to look at this and hope the Council would reinforce the Park Commission resolve to get going on this portion of the plan. It was described at the Park and Recs. Meeting, that this is typically a part of the Comprehensive Land Use Plan. Otsego City Council Meeting of February 26, 1996, cont'd. Page 8. CM Heidner stated he was confused. There was a time when it was discussed putting a bike trail in his back yard, he received a copy of the Plan and it did show that. He doesn't have a problem with modifying the plan, but they need to take a look at the regular Comprehensive Plan for the criteria, which he felt they were not following. CM Black said the Comprehensive Land Use Plan does not have bike trails but has trails and this is a refinement off of that. Different trails would be located in different places. There was further discussion on the different types of trails. CM Heidner asked what type of trails is the ISTEA money used for. Staff said trails not bike trails. AM Fournier asked if it would be helpful with more information. CM Heidner's concern was with defining the terms. CM Fournier motioned to place this Item on the City Council Agenda for March 11, 1996 and that the City Council is furnished with more information regarding the different type of trails. Seconded by CM Black. CM Black motioned to table this indefinitely. Seconded by CM Heidner. Voting for the Motion: CM Black, CM Ackerman, CM Heidner Voting against the Motion: AM Fournier Motion carried three (3) to one (1). (Discussion occurred between the motion being made and the actual vote) Discussion: AM Fournier said tabling this, doesn't solve anything. CM Black stated that all the Parks and Rec. Commission was asking for was for Council Authority to move ahead with something they were planning to do, which was a part of their planning process. If the Council doesn't want them to, then they should be informed. CM Heidner stated the Council does not have enough information to understand what they are doing. AM Fournier wanted enough information to know what we want them to do. CM Black asked who should provide the information. AM Fournier assumed the Parks Commission. Park and Recs. Commission recommends that this matter be referred to City Staff. If this is in the City Budget and if planned properly it could be accomplished. CM Black motioned to have this referred to Staff. Seconded by AM Fournier. All in favor. Motion carried. AM Fournier noted this was deleted from the Agenda and will be on the March 11, 1996 City Council Agenda. Otsego City Council Meeting of February 26, 1996, cont'd. Page 9. CM Heidner briefly went over the last minutes of Sewer Sub -Committee Study regarding the different types of treatment plants, costs, bonding etc. His concern was with start up costs for the first few years, noting that generally there is not enough money coming in to pay. There was general discussion among the Council regarding these issues and they asked Larry Koshak for his input. Mr. Koshak said the one thing to clear up is the cost of the lateral sewer. This report only refers to the actual cost of the lateral pipe, which comes from the small pipe. Does not include the costs of tearing up and replacing the streets. He doesn't have a problem with any of the configurations. Often indicated, are that mechanical plants are higher operating expense. He agrees with the location. Mr. Koshak stressed to purchase a large enough piece of property for expansion 40 years down the road. River property is prime property and thinks Otsego would prefer growth and development there. Regarding the costs, it is a complicated process. They are showing the lower end costs. They are collecting part of the debt retirement out of the O&M Costs. If you take a look at the O&M costs, you will see a positive balance in that cost, which is not an unusual situation when you are planning financing this type of districts, you use some of the O&M costs to pay for the debt reduction. It is not really the true number if you were to isolate the capital expenditures for both the trunk and the plant and pay off by fee, you might find the number higher. The $20.00 they are reporting for a hook up per month is about $60.00 a quarter which is only for sewer and is on the high side, but can be adjusted with better projections. Mr. Koshak thought the projections are conservative for hookups. They are counting on 3.5% inflation to help pay off. The Bonds show 4.75%, there is little difference. He recommends to have this carefully examined by a financial advisor. Mr. Koshak said it can be financed properly, but there have to be commitments, and you have to assume inflation and recession are leveled out in order to make payments. CM Black understands that the report before the Council, is the Consultants thoughts to date and is looking for any comments from us and they are prepared to move ahead and do the final report. CM Heidner said yes and the Council is to get back to Elaine by the end of this month with these comments. The Council felt that as long as the City Engineer is comfortable with the facts then it could proceed. Larry Koshak was concerned with the assumption of 1,005 connections in the first ten (10) years, and if that would be enough. There is a limitation going to the Crow River and if more than 500,000 gallons goes into the stream in one day, then you are subject to other restrictions in pollution factors and could change the price of the plant. CM Heidner asked if 500,000 gallons would raise the level of the river. Mr. Koshak said the Crow could handle up to 400,000 gallons without any special factors. Otsego City Council Meeting of February 26, 1996, cont'd. Page 10. The Council felt whatever number was picked is what was anticipated for the area and was factored into these figures and not to change any numbers. Mr. Koshak said there would be about 100 hookups per forty acre parcel. The Council felt they were ready to move along with the report. 0.4_a_ County W . 1 nd Meeting regarding apportionment of Block Grant Money, CM Heidner reported that himself, Kevin Kielb, Pat Sawatzke, Kerry Saxton and one other County Commissioner met. CM Heidner said these people think that the way they are handling it currently is the best way. Kevin Kielb showed them where other counties are sharing the reimbursement with cities. The next meeting is March 7, 1996 and CM Heidner recommended that Otsego attend. CM Black motioned to direct Staff to pursue getting a share of the Block Grant Money for Wetland Conservation Act. Seconded by AM Fournier. All in favor. Motion carried. (Discussion occurred between the motion being made and the actual vote) Discussion: CM Heidner reported that there some cities of the 87 Counties in MN that do not take any of this money and the State is hanging on to it. We encourage Wright County to apply for additional grant money in order to give Otsego their share. Elaine reported that after the last Public Hearing, CM Fournier and Carl Swenson had concerns if the public was given enough time to be heard. As a result of these concerns, the attached Public Hearing Procedure was developed. CM Heidner's thoughts were if the general public was allowed more time, then the applicant must also be give more time. Elaine Beatty said the applicant can speak as part of the general public. CM Black stated he was against this procedure for the reason that the purpose of a Public Hearing is not to enter into a debate and he felt this is what this procedure would end up as. He suggested to run this by the City Attorney. He also views this as giving confusion to the purpose of the Hearing and confuse the role of the Planning Commissioner. The Planning Commission can always continue the Hearing. AM Fournier appreciated the comment of running this by legal. He said this list was put together in cooperation of NAC. CM Heidner questioned if State Statutes define how a Public Hearing is run. He also said the Planning Commission members never say anything until the Chair closes the Public Hearing and suggested maybe they should be allowed to ask questions but not discuss the matter. Otsego City Council Meeting of February 26, 1996, cont'd. Page 11. CM Black said the purpose of Public Hearing is also to create a record. This proposal here allows the Planning Commission to discuss facts before them without having the record closed. If Planning Commission Members have questions, they should be allowed to ask but not discuss the matter until they have heard all the testimony. He sees no reason to change procedures. Elaine Beatty said it seems like the general public want to bring out more facts and questions later in the process. CM Ackerman said the public should be made aware that they can contact staff or the council if they have further questions. Elaine Beatty said the Heritage Preservation Committee would like to have a Float in the Elk River Historical Day Parade to advertise Otsego. They would like the City to participate in financing this. They view this as helping to celebrate the two Cities history. CM Black motioned to table this until more information is received. Seconded by CM Heidner. All in favor. Motion carried. (Discussion occurred between the motion being made and the actual vote) Discussion: The Council wants to know how much, when, where, where float would be built, who is going to build it. They need a lot more details. They would also like this request to be processed formally. 10.6_ Consider Claims List for Approval - CM Heidner motioned to approve the Claims List as presented. Seconded by CM Black. All in favor. Motion carried. CM Black motioned to adjourn. Seconded by CM Ackerman. All in favor. Motion carried. Meeting adjourned at 8:30 PM. Larry Fournier, Acting Mayor Attest: Elaine Beatty, City Clerk/Zoni R c ded Judy Hudson, Deputy Clerk