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09-11-1995 City Council MinutesCITY OF OTSEGO WRIGHT COUNTY, MINNESOTA CITY COUNCIL MEETING 6:30 PM COUNCIL CHAMBERS OTSEGO CITY HALL SEPTEMBER 11, 1995 1 Mayor will call meeting to order. Mayor Freske called meeting to order at 6.30 PM. ROLL CALL: Mayor Norman F. Freske; Councilmembers: Suzanne Ackerman, Ron Black, Larry Fournier, Vern Heidner Staff: Andy MacArthur, Attorney; Bob Kirmis, Assistant Planner; Larry Koshak, Engineer; Elaine Beatty, Clerk/Zoning Administrator; Phyllis Boedigheimer, Director of Business and Finance; Judy Hudson, Deputy Clerk; Carol Olson, Secretary. Consider Agenda roval (Deletions or Additions) CM Fournier requested to hear Planner's comments on Item 10.3 and Engineer's comments on Item 10.4. Mayor Freske requested: Addition of 8.3 - Bonestroo Engineering Contract Addition of 10.6.b.- Discussion of Site Inspection Addition of 10.6.c. - Temporary place of mobile home in Country Ridge CM Fournier motioned adoption of the September 11, 1995 City Council Agenda as amended. Seconded by CM Black. All in favor. Motion carried. 3 Consideration of Minutes* a. August 8. 1995 Council Minutes CM Fournier noted a correction on page 7, motion regarding the Park and Rec. Fees should include cash or land would be at the City's desecration. Mayor Freske wanted clarification of the years for the Park and Rec. Fees. Council noted that the years printed in the minutes are correct. CM Black motioned to adopt the City Council August 28, 1995 Minutes with the noted correction. Seconded by CM Heidner. All in favor. Motion carried. 4- Special presentation_ 4 1 Dan Greene. Presentation of the 1995-96 C7eneral liability insurance 1L op sal. Dan Greene noted there was an increase of 4% for current schedules, the Well was added, and there was increase on the property. Municipal liability had an over-all rate increase. There are four major carriers that write municipalities, they will not do business in Minnesota because the League of Cities have a lot cheaper rates. The League has the best price and the best coverage and the reason is because they are a Trust and Non-profit. Otsego City Council Meeting of September 11, 1995, cont'd. Page 2. CM Fournier asked about considering a larger deductible. Mr. Greene said our experience is excellent and suggests going to the $1,000. deductible. This will apply to all losses. Mr. Greene also stated that the dividend has been increasing, which is a share in the League's profit, based on the City's size. Mr. Greene reported that on Worker's Compensation, the rates paying on big classification have dropped down, which is a substantial savings. Inland Marine coverage is for non licensed mobile equipment, i.e. lawn tractors. CM Fournier motioned to approve the City's Comprehensive Property and Causality Insurance Policy and to increase the deductible to $1,000. Seconded by Mayor Freske. All in favor. Motion carried. 5 Onen Forum: (5 Min_ Limit) Hillary Barry, Lin -Bar Estates asked if he was included under Item 10.4. Mayor Freske informed him he is. 6 Consent Agenda (Non -con roversial items): 6-1 Set Fire Service Amounts as follows: a Elk River at 565,080.00 b. Albertville at 14.442.00 c. Monticello at S6,650-00 CM Black motioned adoption of the Consent Agenda. Seconded by CM Heidner. All in favor. Motion carried. b Consider Preliminary n� d final plat of MRD Commercial Park_ Mayor Freske stated that a Letter was received from W. W. Klus Realty, Agent for Mary R. Dare, asking for continuation of this item to the September 25, 1995, City Council Meeting. CM Fournier motioned to continued Item 7.1. to the September 25, 1995 City Council Meeting. Seconded by CM Heidner. All in favor. Motion carried. Discussion: Andy MacArthur, City Attorney, informed the Council that Elaine Beatty has sent continuation notification of this to the Church. Otsego City Council Meeting of September 11, 1995, cont'd. Page 3. wmes IT ' .WWO OMC e Item 10.3- Discussion of Long Haul trucking_Develonment Construction Identification Bob irmis referred to and went over his September 1, 1995, Memo (attached). CM Heidner noted that the $500 contribution was based on a $4,000 sign, if the size is being down sized, the City's contribution should also be down sized. Phyllis Boedigheimer noted that there might not be a sign since All Metro Builders probably wouldn't participate if their name isn't on it, and also because of the time factor. Mayor Freske expressed he would like to see the ordinance changed, and noted because of the time factor it won't be in time for this situation. CM Fournier motioned to have staff recommend that City Council directs staff to review current sign ordinance, research other cities regarding signing in industrial development districts, and make a recommendation for a zoning ordinance amendment to allow for construction/development signs in Industrial Districts. Seconded by CM Black. All in favor. Motion carried. Discussion: CM Black suggested that this hearing be in tandem with another zoning ordinance hearing. 8. Andy MacArthur- City Attorney R 1 Consider Long Haul Trucking revised agreement for road tax rebate_ Andy MacArthur reviewed the draft agreement. Basically for every additional lot developed and commences paying taxes, Long Haul will be eligible for an additional $500. rebate in addition to the $65,000. (see attached). CM Heidner asked when does the City make the payments and how often. Mr. MacArthur contemplated annual payments. Phyllis Boedigheimer said a date could be added. CM Heidner motioned to approve the Resolution as presented by the City Attorney, with the revisions. Seconded by CM Black. All in favor. Motion carried. Discussion: CM Fournier commended CM Heidner on his suggestions for the rebate. 9-3- Contract with Bonestroo Rosene, Anderlik & Assoc. Andy MacArthur briefly went over their letter of September 11, 1995 (attached). They agreed to the changes in Paragraph 1, 2, 3 and 6 of Mr. MacArthur's August 24th letter but not the deletion in Paragraphs 4 and 5. Mr. MacArthur would like some input from the Council. Mr. MacArthur feels that the one million dollars of liability is sufficient for this portion of the project. . Otsego City Council Meeting of September 11, 1995, cont'd. Page 4. CM Heidner asked if they maintain they own all the copy rights. Mr. MacArthur said part of that was deleted. Mayor Freske said he is going to check with the MN League of Cities regarding a article in their magazine on funding available for sewer projects. CM Black motioned to accept the revisions already incorporated by the City Attorney and to get this phase moving. Seconded by CM Ackerman. All in favor. Motion carried. 9Larry Koshak. City Engineen 9 1 Discussion of Stormwater Lm a Fees, Larry Koshak went over his report of September 7, 1995 (attached) regarding the impact fee proposed on developments for future storm water improvements. His recommendations are: VanTatenhove Development: Estimated cost of the improvement to provide an outlet to the Mississippi River to be $60,000. (1995 dollars). The potential for development of large undeveloped parcels in the North Mississippi and nearby Halls District is approximately 60 acres. Recommended impact fee of $1,000. per acre. (see attached report). Lin -Bar Plat: This lays in the Rice Foster and Lefebvre Watershed District. The proposed plat is 5 one acre lots and is a fraction of the concept plan for the 52 acres. Recommendation that the City accept an easement for drainage of approximately 380 feet X 65 feet or .57 acres instead of storm water drainage impact cash fees. (see attached report). Long Haul Trucking Plat: This is in the Otsego Creek Watershed District, which tributary drainage systems have not been analyzed. Any improvements may need to rely on the Taxing District Method. The Council discussed the issues of impacts fees and that they will be different for each water shed district and the developers responsibility. Mr. Koshak said he talked to Mr. VanTatenhove, and he is waiting for Council action. Mr. Koshak said if he provides more ponding than what is needed, credit could be given to him. Credit would be based on additional acre footage (credit of $1,000 per each 1 acre/foot). Mr. Koshak stated that this fee is just for these plats and impact fees should be address as each new plat comes in. CM Black motioned to adopt the recommended Impact Fee of $1,000 per acre to be plated or subdivided in the North Mississippi Watershed District as outlined by the City Engineer. Seconded by CM Fournier. All in favor. Motion carried. Discussion: CM Black said for clarification purposes, a map should be attached to the Resolution. Mr. Koshak said he will prepare a Map. CM Black questioned the Engineer on the Lin -Bar Plat that shows utilizing an existing farm drainage system. Mr. Koshak Otsego City Council Meeting of September 11, 1995, cont'd. Page 5. said there is a ditch which is not recognized at this time by the DNR as a protected waterway, and it does flow constantly. Mayor Freske commented that for the present, Mr. Koshak is recommending an easement instead of cash for the Lin -Bar Plat. CM Fournier asked if this will take care of any problems. Mr. Koshak replied that if there was a change in the zoning, the rest of the land would be subject to Impact Fees. Hilary Barry, Lin -Bar Plat, asked if it cost them money or do they get credit. Mr. Koshak explained that on his five lots, there will be no Impact Fees but an easement. Mr. Koshak explained the Impact Fee is about trunk facilities and not on-site drainage issues. 9_1 Improvement Project 94-2 CSAH & Odean Ave a_- Update Mr. Koshak reported that work is virtually completed. h Consider recommendation to awe partial Dayment #2 Mr. Koshak anticipates a change order to construct a storm water drainage pond if easement is obtained. He recommended partial payment of $108,697.64. CM Fournier motioned to approve partial payment of $108,697.64 as recommended by the City Engineer. Seconded by CM Black. All in favor. Motion carried. 9 Municipal Well Update School opened without a problem. Mr. Koshak has distributed the Emergency Services information to the School Staff. Mr. Koshak has gone over costs with Phyllis Boedigheimer. Mr. Koshak went over a tentative agreement with EH Renner & Sons for backup service. He also went over a proposal from Custom Electric who would provide service on a standby basis. CM Black questioned the proposals from both EH Renner and Custom Electric, feeling that if the City enters into a contractual agreement, the City should be getting a better deal than what is proposed. Mr. Koshak stated that Custom Electric did the work on the Well and they have been excellent to work with. The Council directed the City Engineer to check this out and to keep the contractors available while doing this. CM Heidner was concerned with all the bills and how does the City recover these costs. The Council agreed and suggested the line has to be drawn. 9-4- Hearing to consider Variance from the Shoreland management act for placement of a septic system (Robert and Linda Moore, 7905 Ochoa Ave_ PID 118-0`i7-001200_1. Mayor Freske opened the Public Hearing. Elaine Beatty stated the postings and publications have been done. Report from Staff. Larry Koshak went over his report (attached). He said this is a hardship as it is not possible for the applicant to place a septic system on his property and meet the setbacks. Applicant is asking for a variance of 25 feet. Otsego City Council Meeting of September 11, 1995, cont'd. Page 6. Mayor Freske opened the Hearing for Public Comment. There was none. Action CM Black motioned to close the Hearing. Seconded by CM Fournier. All in favor. CM Black motioned to grant the Variance to Robert and Linda Moore to allow a variance from the City's Shoreland setback requirements for sewage treatment systems as outlined in the Findings of Fact, based on the recommendation of the City Engineer. Seconded by CM Ackerman. All in favor. Motion carried. Discussion: CM Heidner asked if the quarterly inspections as stated on Page 4 of the Findings of Fact, is a common procedure and what costs are incurred. Mr. Koshak recommends that the Building Official do the inspections for the first year of installment at no cost to the applicant and that this is a visual inspection just to see if its working properly. CM Black requested to attach the June 12, 1995 letter as an exhibit to the Findings of Fact as referred to on Page 4, #1 under Decision. Mayor Freske opened the Hearing. Elaine Beatty stated that the Posting and Publication has been done. Report from Staff Mr. Koshak went over his report (attached). This property is Zoned A-1 and lies within the Shoreland Overlay District. He said this is a hardship and applicant is not able to place the septic system on his property and meet the setbacks. Variance is for 35 feet. Mr. Koshak recommends approval subject to the conditions as outlined and quarterly inspections. Dennis McAlpine, a property owner to the West of Mr. Touhey. He wants to make sure that the proper setbacks from his property are met. Another concern was with the possibility of leakage from the mound into the pond. Mr. Koshak said the location of the mound is in the Northwest part of the property. This will meet all setbacks from the property lines, the only variance is from the wetland. Dennis related that a problem for years, is the location of a building that is on the property line, it's a small shed and on skids mounted on a slab. He thought that Mr. Touhey will move it and would like a setback established. Mayor Freske suggested that Mr. McAlpine meet with Staff regarding this subject. Otsego City Council Meeting of September 11, 1995, cont'd. Page 7. CM Fournier motioned to close the Hearing. Seconded by CM Heidner. All in favor. Motion carried. CM Heidner motioned to grant Mr. Doug Touhey the Variance from the City's Shoreland setback requirements subject to the conditions as outlined in the Findings of Fact and the September 7, 1995 letter from Hakanson Anderson Assoc., Inc. to be attached as an exhibit. Seconded by CM Ackerman. All in favor. Motion carried. None 10. City Council Items: 10 1 Consider membership in Elk River Area Chamber of Commerce. Elaine Beatty recommends joining for the reason that there are a lot of good meetings with information involved. Phyllis Boedigheimer said the dues would come out of the EDA Fund. CM Black stated he will be abstaining from voting for the reason, his firm is a Member and have also represented the Elk River Area Chamber. CM Fournier motioned for the City of Otsego to join the Elk River Chamber of Commerce. Seconded by CM Black. Voting For: Mayor Freske, CM Fournier, CM Ackerman, CM Heidner. Abstaining: CM Black. Motion carried. 10 -2 -Consider Resolution adopting proposed 1995 Tax Levy, collectable in 1996" Phyllis Boedigheimer drafted a Resolution for Council approval. The Resolution is authorization of proposed levy and must be sent to the County by September 15. Levy was held under the 3% rate increase. Mayor Freske noted that the Levy can't go up at the Truth and Taxation but can go down. CM Black motioned to adopt the Resolution as presented by the Finance Director. Seconded by CM Fournier. All in favor. Motion carried. Discussion: CM Heidner noted we will be spending $688. less than last year's budget. Mayor Freske thanked Phyllis Boedigheimer for all her budget work and the presentation of the budget. Previously discussed. See 7.2. Otsego City Council Meeting of September 11, 1995, cont'd. Page 8. 10-4 Discussion of imposed developments and drainage issues. Previously discussed. See 9.1. 10-5- Set date for Meeting Re Larry Fournier's Memo regarding Personnel Issues, CM Fournier motioned to set October 30, 1995, 6:30 PM, and to call this meeting, City Operations. Seconded by CM Black. All in favor. Motion carried. 10-6- y other Council business A Consider change in date of Truth -in -Taxation Meetingfrom 12-14-95 and 12-18-95 alt to 12-7-95 First Hearing and 12-14-95 for Alternate date, 6:30 PM Time for all meetings. Elaine Beatty said this change was due to meeting the statute of 5 working days between the two dates. CM Black motioned to accept the dates of December 7, 1995 and December 14, 1995 as recommended by the City Clerk. Seconded by CM Ackerman. All in favor. Motion carried. Discussion: Phyllis Boedigheimer requested a Council Workshop Meeting before December 7, 1995. 10 h Site nspection of a Feedlot_ CM Ackerman and CM Heidner said they would be unable to attend this inspection but both will review on their own. The Council directed that both Elaine Beatty and Bob Kirmis should attend. Elaine said a representative from Lef-Co Farms will be along and suggested having three residents. CM Black motioned to contact Hoglund Bus Company for a 47 Passenger Coach, at $378.00. Seconded by CM Fournier. All in favor. Motion carried. Discussion: Mayor Freske questioned of who is responsible for these costs. The Council agreed that in the future, this will be an applicant's expense. 10 c Temporajy Use of Mobile Home in Country Ridge- Elaine idgeElaine Beatty said the City's Ordinance allows such a use for 90 days. 10 d- City Fn gineer. The Council requested that flowers be sent to Larry Koshak during his hospital stay. 10-7- Consider Claims List for approval CM Fournier motioned to approve Claims List as presented. Seconded by CM Heidner. All in favor. Motion carried. Otsego City Council Meeting of September 11, 1995, cont'd. Page 9. The Council directed Staff to not schedule any meetings for the week of September 23. CM Fournier motioned to adjourn. Seconded by CM Heidner. All in favor. Motion carried. Mayo Orman F. Freske Attest: Elaine Beatty, CityC k/ Zoning Administrator R c rde b : Judy Hudson, Deputy Clerk