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08-14-1995 City Council MinutesCITY OF OTSEGO WRIGHT COUNTY, MINNESOTA CITY COUNCIL MEETING 6:30 PM COUNCIL CHAMBERS OTSEGO CITY HALL AUGUST 14, 1995 1 Mayor Norman F. Freske called meeting to order at 6:30 PM, ROLL CALL: Mayor Norman F. Freske; Council Members: Ron Black, Larry Fournier, Vern Heidner and Suzanne Ackerman. Staff: Andy MacArthur, Attorney; Larry Koshak, Engineer; Bob Kirmis, Assistant Planner; Elaine Beatty, Clerk/Zoning Administrator; Phyllis Boedigheimer, Director of Business/Finance; Judy Hudson, Deputy Clerk; Carol Olson, Secretary. 2. Consider Agenda_ Additions: CM Fournier requested: 8.6. a. Discussion of memo of 7-26-95 regarding City Operations. 8.6. b. Discussion and recommendation of W & S Overlay 5.2 Remove and add as a regular agenda item under 6.0 CM Heidner motioned to accept the August 14 City Council Agenda as amended. Seconded by CM Fournier. All in favor. Motion carried. 3. Consider Minutes. A. July 241995 City Council Minutes_ CM Fournier motioned adoption of minutes of July 24, 1995. Seconded by CM Black. All in favor. Motion carried. 4. Open Forum No one appeared on the Open Forum. Cigarette Licenses Renewals:A. • • Store B. Riverview Liquorette C. F & F Foods CM Fournier motioned to approve the consent agenda. Seconded by CM Black. All in favor. Motion carried. 66. Andy MacArthur. City Attorney - 6.0 Consider By -Laws for Planning Commission CM Fournier motioned to continue this to the August 28, 1995 City Council Meeting. Seconded by CM Black. All in favor. Motion carried. Otsego City Council Meeting of August 14, 1995, cont'd. Page 2. 6 1 Consider Moratorium Ordinance for Wastewater Treatment Plant, Attorney MacArthur passed out Letter of August 14, 1995 regarding Proposed Interim Ordinance Moratorium. He went over letter (see attached). The intent of the Moratorium is to prohibit most types of developments. Moratorium would be for a year and could be extended by resolution. The attorney suggested submitting this to the PC for Public Hearing. CM Fournier motioned to send the proposed moratorium to the Planning Commission for a Public Hearing. Seconded by CM Black. All in favor. Motion carried. Discussion: CM Heidner questioned the wording minor improvements and would like it to be more specific. Mr. MacArthur replied that these would be addressed at staff level with the attempt to give some flexibility. Mr. MacArthur also pointed that the purpose of sending it to the PC is to iron out details. The City Council asked to have Jerry Olson, Building Official's input. Other Attorney Business. Andy MacArthur informed the Council the Developers Agreement with Long Haul has been signed. Mr. MacArthur suggested to get the Resolution regarding assistance from the City, done by the next meeting. Phyllis Boedigheimer would like some direction regarding a time schedule for this. CM Fournier said it might be appropriate for Phyllis Boedigheimer and Attorney to give some recommendations and suggestions. CM Black would like some background of expectations of what Long Haul wanted. A number of things occurred while under discussion. Specifically did they have to increase any borrowing on their part and did Kadler Avenue factor into this previously. 7. Koshak,City Engineer - 7 -1 - ngineer.7.1. Improvement #94-3 (Municipal Well) Larry Koshak wanted to bring the City Council up to date and turned it over to Kevin Kielb. Kevin went over his attached report regarding the following: A. EPL. Rem Mr. Kielb went over the history of the EPL Report. The main point is that the method of testing is not in question but the method of reporting. Mr. Koshak reported that the water is what it said it was. It was noted that the Engineers worked with the City Attorney on this. B Well Water Sand testing of August 3, 1995, Traut Well was on-site to perform a sand analysis of the well water. Personnel from Hakanson Anderson and ISD #728 were on-site to verify testing. Results indicated that less than 2.0 ppm of sand were present in the well water. Otsego City Council Meeting of August 14, 1995, cont'd. Page 3. C. Well Pump Motor Failure Well Pump Motor was replaced by Traut Wells. Failure was believed to be caused by a power surge. There was lightning in the area that day and a strong possibility that lightning struck the pump. D. General Update The school has installed sand separators in the school building. The well is operating as proposed initially by KKE Architects. Hakanson Anderson is still concerned with the way the system operates. The short -cycling issue must be addressed by the school district. The City Engineer is willing to work with the school on some possible alternatives. E. Final Payment Phyllis Boedigheimer is following a process of filing this claim with the insurance company. CM Heidner was concerned with the City left with paying the deductible. Larry Koshak recommends final payment to both Traut Wells and RL Larson as they have met their obligations. CM Black motioned to approve final payment to RL Larson for $1,817.51 and Traut Wells for $1,503.01 less the legal and engineering fees incurred because of misuse of stationary. CM Fournier seconded. All in favor. Motion carried. Larry Koshak informed the Council that the school has hired DH Renner to solve the situation and Renner is trying to act as a mediator. The school wants the City to flush out their lines to start with clean lines. Renner has estimated a cost of $1,879. The Council was concerned with the costs and reoccurrence. The Council wants to have the City Staff do as much as they can in order to familiarize themselves with this system. 7Improvement Project No. 94-2 (CSA_H 37 & Mean Avenue) A_ General Mayor Freske commented on how nice the road is. The road is in the final stage of construction per the City Engineer. B. Partial Payment CM Black motioned to approve payment #1 of $144,158.61 for work through July 21, 1995 to Buffalo Bituminous, Inc. Seconded by CM Heidner. All in favor. Motion carried. 7.3_ Consider Ordering Projects. A. Mississippi Shores Addition B. Island View Estates Addition Otsego City Council Meeting of August 14, 1995, cont'd. Page 4. The Public Hearing for Mississippi Shores Addition Overlay was May 15, 1995 and June 15, 1995 for Island View Estates. Larry Koshak went over the project costs for both projects. He also went over the cost difference of a 7 Ton and 9 Ton pavement (see attached) and there was very little difference. Mr. Koshak doesn't recommend going with the 7 ton road but to continue with the 9 ton standards to keep the life cycle up. Mr. Koshak noted that a lot of the costs for road improvements go toward street widening, driveway approaches, drainage issue etc. Mayor Freske asked if project could be done in 1996 and assessed for 1997. Andy MacArthur noted that the Council has six months from the Public Hearing to consider improvement and one year from the date of resolution to let out the bids. The Council could approve the project for construction in 1996 and assessed in 1997. Mayor Freske questioning the speeding issue and if a one way street could be considered. A resident had questioned him on this. Mr. Koshak responded that because of emergency vehicles all our streets should be two way. The Council discussed the cost difference of a 7 and 9 ton road, if other corners could be cut, not overlaying all of Mississippi Shores, existing sub base in Island View, estimated life of overlay, sealcoating. CM Fournier received about 20 phone calls regarding Island View Estates Improvement. Out of 94 homes and it was a 50 - 50 vote. CM Black received approximately 12 calls and compared results from the callers and the letters received with the petition. His conclusion was a overwhelming support. CM Heidner noted that regarding the residents calling him, people living there less than 5 years in Island View were for it, and residents living there more than 5 years were against it. Mayor Freske appreciated the calls he received. Some of the callers were also concerned with the increase school tax, which the City has no control over. CM Ackerman received 50 phones calls and 10 letters. She drove on the roads and noted the progress and along with progress you need good roads. Regarding Mississippi Shores: CM Heidner reviewed the streets, there is a cul de sac that probably wouldn't need to be done but felt that all roads should be done now because it would be more feasible. CM Black commented that the streets which were done by the Township are in better shape than the ones the developer had done. He would like all the streets done at the same time so the City will be working from the same starting point. He didn't want a construction project started now with school opening shortly. CM Fournier motioned to order a Bituminous overly on all streets located in Mississippi Shores, 1, 2nd, 3rd, 4th, 5th, 6th and 7th Additions. Project to be done in 1997, allowing residents time to adjust to tax load. Motion failed for a lack of a second. Otsego City Council Meeting of August 14, 1995, cont'd. Page 5. Discussion: Mayor Freske said the time schedule wouldn't allow this. Andy MacArthur noted that the City would have to start all over again with a new feasibility study. Larry Koshak pointed out that most likely costs will go up with additional failures. CM Heidner also pointed out that interest rates could go up and the potential of roads completely failing. CM Black motioned to accept the proposed Resolution Ordering Improvement and Preparation of Plans for Mississippi Shores Additions 1, 2, 3, 4, 5, 6 and 7, with reconstruction and overlay in 1996 and assessments starting in 1997. Seconded by CM Ackerman. Voting For: CM Black, CM Ackerman, CM Heidner, Mayor Freske Voting Against: CM Fournier. Motion carried four to one. Discussion: CM Heidner asked if Council can back out of improvement if interest rates go too high. Mr. Koshak replied yes. CM Fournier speaks against this motion because we are assuming all roads are in the same condition, the ones that need the repair are the ones that should be done. Mayor Freske noted the fact that just because of a road's appearance doesn't always mean it doesn't need improvement. CM Black stated that there were very few residents opposed to this project. The Council noted that most opposition was with the mail box support. Island View: CM Fournier motioned to order Improvement and Preparation of Plans for Bituminous Street Construction for all streets located within Island View Estates Additions and Arrowhead Estates, with construction in 1996 and assessments to begin in 1997. Seconded by CM Black. All in favor. Motion carried. Discussion: CM Ackerman was concerned with the speeding issues and would like to see stop signs placed at 101st Street and Kahler and at 99th Street and Kahler. Larry Koshak replied that he wouldn't normally recommend this. CM Black motioned to combine the Mississippi Shores Overlay Project and the Island View Estates and Arrowhead Estates for the purpose of Financial Feasibility. Seconded by CM Heidner. All in favor. Motion carried. Discussion: City Engineer felt he could definitely get better bids and numbers may go down but to keep in mind project won't be done until next year. The project will be named in the year it was ordered. CM Black motioned to erect a 3 Way Stop at 101st Street and Kahler Avenue and at 99th Street and Kahler Avenue. Seconded by CM Heidner. All in favor. Motion carried. Otsego City Council Meeting of August 14, 1995, cont'd. Page 6. 7.4. Utility Permits. A Recommend a letter be sent to Elk River Utilities requiring en rm1tS Larry Koshak went over the history of this request. Approximately four years ago he met with the utilities and ask them to meet with him when placing utilities in the City's ROW. They have cooperated. We have approached ER Utilities and we sent them a disk of city map for their records. When ER Utilities put in Bulow Estates, they didn't let us know, and there was an occurrence on one property which caused some problems. The same thing has happened in Mississippi Shores. We want to know what they are doing. CM Fournier motioned to accept the City Engineer's recommendation as presented and to send a letter to Elk River Utility. Seconded by CM Black. All in favor. Motion carried. Discussion: CM Black asked if we are specifically talking about our ROW. Larry Koshak said what we are talking about is our infrastructure in regards to our road ROW. CM Black stated that if we are talking about their rebuilds then I am opposed to it. B_ Discussion of a fee for Utility Permits Larry Koshak questioned if there should be a fee charged. The City absorbs the review costs. CM Black stated this is a cost of doing business, your either paying through the utility bill or taxes or both. CM Heidner motioned to have Phyllis Boedigheimer get more information regarding this. Seconded by CM Fournier. All in favor. Motion carried. Dave Chase, Maintenance, informed the Council that the millings on Quaday Avenue are breaking up. He said Fehn Construction would remove millings etc. and it would take 4 to 6 hours. The Council referred this matter to the Public Works Committee. 8 1 Discussion of Curfew Ordinance (Suzanne Ackerman) CM Ackerman gave a brief report. They are looking at working with surrounding communities on this ordinance at the same time for ease of enforcement. CM Black would like to see CM Ackerman pursue this with Sharon Anderson. He would be opposed to anything coming out of the County. Mayor Freske noted concern with costs of enforcing. The Council agreed for CM Ackerman to continue on this. Otsego City Council Meeting of August 14, 1995, cont'd. Page 7. 8-2- Consider changes to County Ordinance (Hearing 8-31-95 - 7 PM) Bob Kirmis briefly went over the August 8, 1995 NAC Report. CM Black motioned to notify the County that Otsego did receive and noted the proposed amendment. Seconded by CM Ackerman. Voting For: CM Ackerman, CM Black, CM Heidner, Mayor Freske. Abstained: CM Fournier Motion carried. Discussion: CM Fournier sees this as being more restrictive and recommends approval. CM Black had two thoughts 1. What the County does is up to them. 2. Purpose of motion is to acknowledge that we did receive and review. CM Black said this is not in our jurisdiction and would be reluctant to support it, without really looking at it. Otsego controls what goes on in Otsego. CM Heidner pointed out in some ways it does concern us, if they were to put a sanitary landfill next to us. Mayor Freske noted the one per forty is different. CM Fournier reading from NACs memo that these proposed amendments may impact the City by affecting land adjacent to the City's borders. 8-3- Mayor consider a oin ing anLlternate Park Board Council Ren Mayor Freske appointed CM Ackerman as alternate Council Representative to the Parks and Rec. 8-4- Council consider a proposed split of 80 Acres (foresee any problemsl Roger Marx, 15683 NE 70th St. S34, Twp 121, R231 The Council said if what is being proposed complies with ordinance, no comment one way or other, that's all it needs to do. 8-5. Discussion of Albertville/Otsego boarder issue - Appoint Sub -Committee of 2 - Council Members Elaine Beatty said they are looking at meeting the 21st or 22nd. Mayor Freske appointed CM Heidner and CM Black as subcommittee members with CM Fournier as alternate. CM Fournier wants our members to be open minded and work positively to achieve what is needed. Mayor Freske said we want to get off on the right foot and this can be done. He wished the members good luck and what they do is the future of Otsego. 8.6. .any other .o ncil Business a_ Larry Fournier's Memo of July 26, 1995, CM Fournier wants the Council's support on this and wants recommendations from staff. CM Black thought Larry had some good ideas, and would like to see some of these ideas discussed. CM Fournier suggested to move this to the September 7th meeting. CM Black wants to specifically discuss Paragraph 1. b_ Wild and Scenic Overlay. Elaine Beatty will put this item on the Request for Action Agenda for next meeting. Otsego City Council Meeting of August 14, 1995, cont'd. Page 8. Other CM Ackerman noted there is a conference on Urban Law in Duluth on the 17th. The Council questioned the applicabitly to Otsego and decided it doesn't apply for Otsego. CM Fournier said the Park Board meets August 15th to discuss the budget. Darlene Solberg, PR, informed the Council that the playground equipment is here. They will be setting this up on August 19, Saturday, 8 am and need volunteers. 8.7. Consider Claim List for Approval CM Fournier motioned to approve Claims Lists as presented. Seconded by CM Black. All in favor. Motion carried. 8.8. Adjourn by 10 PM, CM Black motioned to adjourn. Seconded by CM Ackerman. All in favor. Motion carried. Norman F. Freske, Mayor udy Hudson, Deputy Clerk Attest: Elaine Beatty, CITY SEAL