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07-10-1995 City Council MinutesCITY OF OTSEGO WRIGHT COUNTY, MINNESOTA CITY COUNCIL MEETING 6:30 PM COUNCIL CHAMBERS OTSEGO CITY HALL JULY 10, 1995 1 Mayor Norman F Freske will call meeting to order. Mayor Freske called meeting to order at 6:30 PM. ROLL CALL: Mayor Norman F. Freske, Councilmembers: Suzanne Ackerman, Larry Fournier, Vern Heidner. Absent: Councilmember Ron Black. Staff: Andy MacArthur, Attorney; Bob Kirmis, Assistant Planner; Larry Koshak, Engineer; Elaine Beatty, Clerk/Zoning Administrator; Phyllis Boedigheimer, Business and Finance Director; Judy Hudson, Deputy Clerk; Carol Olson, Secretary; Dave Chase, Maintenance Supervisor. 2. Consider agenda. CM Fournier motioned approval of July 10, 1995 Agenda. Seconded by CM Heidner. All in favor. Motion carried. 3 Consider Minutes CM Fournier noted on Page 7, 1st paragraph consensus of the Planning Commission should be consensus of the Parks and Rees. CM Heidner noted on Open Forum should be Gene Rick CM Fournier motioned to approve the June 26, 1995 City Council Minutes with the above corrections. Seconded by CM Ackerman. All in favor. Motion carried. 4. Special Presentation. 4.1. Judy Rose. Wrighto un y Commissioner - Discussion of Economic Development Partnership, Wright County. Sherry Berning, Frankfort Township Clerk, attended for Judy Rose. Ms. Berning gave a brief background of the Wright County Development Partnership. They started their discussion twelve years ago. Ms. Berning came on board in 1993. She is asking the City of Otsego to join the partnership. Their goal is to get as many communities aware of this partnership as possible. Their membership also includes the private sector. Dan Wilson, NAC, stated that Otsego already has a partnership with Wright County with $.25 of every tax dollar going to Wright County. He had hoped that Commissioner Judy Rose attended in order to present a Tax Base Sharing Proposal. Otsego needs help from Wright County since TIF is no longer available. Mr. Wilson briefly went over Long Haul Trucking Industrial Park. He passed out a Tax Base Sharing, Long Haul Trucking, Cash 0a Flow Estimate, City of Otsego, County of Wright (attached) he had prepared. Mr. Wilson said that Otsego needs Wright County's Cooperation and assistance. Otsego City Council Meeting of July 10, 1995, cont'd. Page 2. The City Council had concerns with the membership dues, Otsego would be paying the highest amount of dues but is the lowest in Economic Development. Sherry Berning pointed out that the Economic Development Partnership has a revolving Loan Fund. Meetings are monthly at the NSP Building and will have a person on staff to answer questions. Sherry will informed the City of the next meeting. The Council agreed to have this item placed on the July 24, 1995 City Council Agenda. 5. Open Forum. No one appeared on Open Forum. 6 Bob Kirmis, City Planner. Mr. Kirmis went over the NAC report dated June 14, 1995. CM Heidner asked if all requests require a 4/5 vote. Mr. Kirmis said only the rezoning request. 6-1 Consider request of Steve and Diane Kolles for Applicant STMA Youth Hockey Assn Request s follows: (Long Haul trucking Site) a_ Request to Rezone from I-2 to INS (Institutional) CM Fournier motioned to accept the Planning Commission recommendation to rezone Lot 1, Block 1, Otsego Industrial Park, from I-2 to INS, subject to the conditions listed in the NAC Report dated June 14, 1995 and the Findings of Fact. Seconded by Mayor Freske. All in favor. Motion carried 4 to 0. bConditional use Permit to allow Public or Semi -Public Rec. Use in an INS (Institutional Zoned) area. CM Fournier motioned to accept the Planning Commission recommendation to approve a Conditional Use Permit to allow Public or Semi -Public Recreational Use in an INS (Institutional Zoned) Area, subject to the conditions listed in the NAC Report dated June 14, 1995, and Findings of Fact. Seconded by CM Heidner. All in favor. Motion carried 4 to 0. Discussion: CM Fournier suggested we look at the Planning Commission suggestion of Hockey Association giving Otsego name recognition since Otsego is giving up tax base. Chuck VanHeel, Hockey Association, stated they have no problems working with Otsego on this issue. CM Heidner said this shouldn't be a requirement. Council agreed. Conditional Use Permit to allow a building site smaller than 5 acres in size in an l(Institutional Zoned) area, CM Heidner motioned to accept the Planning Commission recommendation to grant a Conditional Use Permit to allow a building site smaller than 5 acres in size in the INS (Institutional Zoned) Area, subject to the conditions listed in the NAC Report dated June 14, 1995 and the Finding of Facts. Seconded by CM Ackerman. All in favor. Motion carried 4 to 0. Otsego City Council Meeting of July 10, 1995, cont'd. Page 3. Chuck VanHeel thanked the Council for the approval and their cooperation. He stated that he needs the City's cooperation with: 1. Using Kadler Avenue as a temporary access 2. On a compressed building schedule Need early occupancy, November 15 starting for ice time Andy MacArthur said since we do not have a Final Plat, we will need a written agreement that you are proceeding at your own risk. If there are no concerns from Larry Koshak, and proof of insurance is shown, a release is signed and if this is okay with the council, Andy doesn't have a problem with this. John Gries, Attorney, representing Hockey Association and John Daniels. Mr. Gries said the Final Plat should be done by July 24th, 1995 and they need to fill in some numbers in the Developers Agreement and insurance will be provided. The City Council decided to leave these issues to be worked out between Andy MacArthur, John Gries, and Larry Koshak and Bob Kirmis. 6.2 Any other Planning Business' usin .ss. Item 9-4- aConsider recommendation from Planning Commission regarding Study Area SE of 101. Bob Kirmis suggested to find out how many building rights are left in this area. CM Heidner motioned to have in-house Staff investigate how many building rights are available in this Study Area (East of 101 to Dayton, South of 65th Street to 60th Street) and report back at the July 24th City Council Meeting. Seconded by Mayor Freske. All in favor. Motion carried 4 to 0. 7_. Andy MacArthur. City Attorney - 7_ 1 Reconsider Park and Trail Dedication Fees Andy MacArthur asked the City Council to reconsider the fees. He recommended using a flat amount and not using percentages. It is very important when going to a Public Hearing to have a clear understanding what is being proposed. He said the Park and Rec. Commission need to document supporting information for the increase. They also need to clarify the fees for the AG areas. Bob Kirmis recommended that all should be in order before a Public Hearing takes place. In regards to the fees, need to relate to an impact, not a justification just because another city is doing this. Need to show the impact. The Council discussed how long this has been going on and need to move ahead. They also discussed the need to have the rationale for the increase in fees documented and who should do this. CM Fournier motioned to recommend to the Planning Commission to continue the Hearing for the Park and Trail Dedication Fees to August 2, 1995, to allow time for Phyllis Boedigheimer to work with Parks and Rec. to provide rationale for this increase and to review fee schedules. Seconded by Mayor Freske. All in favor. Motion carried 4 to 0. None Otsego City Council Meeting of July 10, 1995, cont'd. Page 4. 8- Larry Koshak. City Engineer- •- m(Tabled from 6-26-95) a. Recommend a letter be • Elk River Utilities ;-• permits Discussionof • Permits continued to July 24, 1995• Council request. 8-2 Discussion of MN/DOT #101 Project Res Drainage issues Tabled 6-26-95) MN/Dot disagrees with pipe size under 101 South of 42. Any change in culvert size, the City would be responsible for all costs incurred. (see attached letter from MN/DOT dated June 15, 1995.) 8-3- Consider Best Management Practices for Stormwater Drainage (Tabled from 66-26-95)-95) Larry Koshak recommends that Best Management Practices for Stormwater Drainage be applied to entire City. Currently applied to all lots over 5 acres. CM Fournier motioned to allow the City Engineer to use the Best Management Practices for Stormwater Drainage at his discretion with commercial developments and lots in the Wild and Scenic Zone. Seconded by CM Heidner. All in favor. Motion carried 4 to 0. 8-4- other Engineering Business a- Update on Park Improvement Contract (Tabled from 6-26-95) The playground equipment has been ordered. Dave Chase directed City Staff to have the deliveries put in the shed at City Hall Site. h Information Items (See Engineers Items) Well U12date (fie attached) Larry Koshak brought the Council up to date on the City Well Pump. On June 27, 1995, the well went down. A new pump was installed and a determination is being done on what caused the failure. Mr. Koshak will keep the Council informed. CSAH 37 and ODean Avenue Project.(see attached) Phase I is complete and ready to start Phase II detour. ODay Acres (seattached), A meeting was held with the Developer, City Staff and CM Fournier. A warranty Letter of Credit was set. Otsego City Council Meeting of July 10, 1995, contd. Page 5. 9. Council Items. (The following item 9.1 - 9 4 tabled from 6-26-951 9-1 Boards and Commissions Update, a- FDAAC CM Fournier reported Tim Eng, intern, is on board. b Planning Commission CM Fournier reported that the PC is working on new by-laws. c Parks and Rees. Commission CM Ackerman reported PRC is meeting July 11, 1995. City Staff reported that a recorder has been purchased d. Community Rec. Board No report d. Public works Mayor Freske reported that three new culverts will be placed in Walesch Estates. f. Otsego Creek Authority Haven't met. g. Adm. Sub -Committee Haven't met. h_ Heritage Preservation Comm. No report. 9 Consider letter from Elk River Police Dept_ Re: DARE Mayor Freske noted that the Otsego Lions are considering donating money to DARE. Council noted that this Program is not in the 1995 Budget. Phyllis Boedigheimer will write a letter to the Elk River Dare Program. 9-3- Consider City's share of contribution for Employee Insurance Phyllis Boedigheimer briefly went over her report and requested this item be placed on the City Council Workshop Meeting on July 26, 1995, 6:30 PM. The Council directed Phyllis to write a memo to all employees for their input. 9-5- Consider Council Workshop Meeting Date. CM Heidner motioned to set a City Council Workshop on July 26, 1995, 6:30 PM. Seconded by CM Ackerman. All in favor. Motion carried 4 to 0. Discussion: CM Fournier requested to have the following put on Workshop Agenda: Item #1 Discuss City Staff making more decisions. Phyllis requested the following item be placed on the agenda: Discuss the possibility of using legal retainer or legal contract for City Attorney. Mayor Freske noted the Letter from the Joint Water Powers Board. Otsego City Council Meeting of July 10, 1995, cont'd. Page 6. Phyllis Boedigheimer explained that she is doing the payroll from the computer and would like the Council to hand in their time sheets by the Monday after the last day of the month. CM Heidner motioned to accept Claims List as presented. Seconded by CM Ackerman. All in favor. Motion carried 4 to 0. CM Ackerman motioned to adjourn the meeting. CM Fournier seconded. All in favor. Motion carried. Mayor Norman F. Freske Ronald G. Black, Council Member Suzanne Ackerman, Council Member C�uA \�iADM t: Ju Hudson, Deputy Clerk CITY SEAL Larry Fournier, Council Member Vern Heidner, Council Member Laine Beatty, City Cler