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11-13-1995 City Council MinutesCITY OF OTSEGO WRIGHT COUNTY, MINNESOTA CITY COUNCIL MEETING 6:30 PM COUNCIL CHAMBERS OTSEGO CITY HALL NOVEMBER 13, 1995 1. Mayor will call meeting to order. Acting Mayor, Larry Fournier, called meeting to order 6:31 PM Roll ll: Larry Fournier, Acting Mayor; Councilmembers: Vern Heidner, Suzanne Ackerman, Absence: CM Ron Black, Mayor Norman F. Freske. SlafL Andy MacArthur, Attorney; Bob Kirmis, Assistant Planner; Kevin Kielb, Assistant Engineer, Larry Koshak, City Engineer; Elaine Beatty, City Clerk/Zoning Administrator; Phyllis Boedigheimer, Director of Business/Finance; Judy Hudson, Deputy Clerk. 2_ Consider Agenda. CM Heidner requested Consent Item 5.1 be remove from the Consent Agenda. Elaine Beatty noted date corrections in Item 5.1 and 5.2 with the correct year of 1996. AM Fournier requested that Item 9.4.A. be moved to Item 8.8. CM Heidner motioned to adopt the November 13, 1995 City Council Agenda as modified. Seconded by CM Ackerman. All in favor. Motion carried. 3. Consider Minutes: A. October 23, 1995 Council Minutes. CM Heidner motioned to table the consideration of the October 23, 1995 City Council Minutes until the November 27, 1995 City Council Meeting due to the fact the Mayor and one Councilmember are absent. Seconded by CM Ackerman. All in favor. Motion carried. B October 12, 1995, Special Council Meeting regarding border issues. CM Heidner motioned to accept the October 12, 1995 Special City Council Minutes. Seconded by CM Ackerman. All in favor. Motion carried. C- October 30, 1995. Special Council Meeting regarding City Operations CM Heidner motioned to accept the October 30, 1995 Special City Council Minutes. Seconded by CM Fournier. All in favor. Motion carried. 4. Open Forum. No one appeared on the Open Forum. 5_ Consent Agenda 5.1. Set Meeting Workshop with David Licht, Council, Carl Swenson and the City Clerk for January 4, 1996, 6:30 PM to discuss Comp. Plan. Item 5.1 was removed from the Consent Agenda. Otsego City Council Meeting of November 13, 1995, cont'd. Page 2. 5.2. Council Approval of City Clerk/Zoning Administrator attending a Management Skills Seminar Series on January 25, 1996, February 8, 1996, February 15, 1996, March 7, 1996 and March 14, 1996, Cost of $195.00. 5.3. Consider Contract Approval for Law Enforcement Contract with Wright County. 5.4. Reconsider Budget Workshop Meeting from 11-16-95 to 11-15-95 at 6:30 PM. CM Heidner motioned to accept Consent Agenda Items 5.2., 5.3., 5.4.. Seconded by CM Ackerman. All in favor. Motion carried. F 1 Consider Amendment to the Home Extended Business/Home Occu ap tion Ordinance. AM Fournier stated in order to take action on Item 6.1., a 4/5 vote is needed and only three members of the Council are present. CM Heidner motioned to continue Item 6.1. to the November 27, 1995 City Council Meeting. Seconded by CM Ackerman. All in favor. Motion carried. 6-2- Revised Findings of Fact for L.ef- o Farms Denial of Commercial Feedlot CUP. Bob Kirmis went over the Findings of Facts, which were revised to reflect the comments provided at the October 23, 1995 City Council Meeting. The City Council denied the Conditional Use Permit. Mr. Kirmis noted a typo on Page 6, Item 6., the Public Hearing was closed on September 20, 1995 with general discussion on October 4, 1995. NAC recommends approval of Findings of Fact contingent upon correction. Wallace Hauan, 6169 Packard Avenue. Mr. Hauan commented and expressed concern with manure being piled on his boundary line by Lef-Co Farms. Andy MacArthur stated there are provisions in the Nuisance Ordinance and Mr. Hauan can file a complaint with the City Clerk and the City would then review. CM Heidner expressed that he would like to put Item 6.2 on the next City Council Agenda when the full council is present for the vote. Andy MacArthur pointed out that CM Black and Mayor Freske were provided with copies of the Findings and Fact, which they reviewed. He also noted that the extension is running out. Mr. MacArthur advised the Council to move forward on this tonight. CM Heidner motioned to adopt the Findings of Fact for Lef-Co Farms Denial of the Commercial Feedlot Conditional Use Permit, per instructions they received from the City Attorney. Seconded by CM Ackerman. All in favor. Motion carried. (Discussion occurred between the motion being made and the actual vote) Discussion: Greg Lefebvre, Lef-Co Farms, asked if the City received via Fax, a letter from Attorney David Lenhardt. Elaine Beatty replied that we had not. Otsego City Council Meeting of November 13, 1995, cont'd. Page 3. Mr. Lefebvre had a copy of the Letter, dated November 13, 1995, with him and he read this to the Council. The letter listed Lef-Co Farms objections to the City's adoption of the Proposed Findings of Fact for denial of the CUP. Letter was submitted for the record. (See attached) CM Heidner asked Mr. Lefebvre if they had supplied the City with copies of the leases. Mr. Lefebvre said no one had requested this and none of the leases have been canceled. Mr. MacArthur recommended approval of the Findings of Fact as amended. Staff Report Mr. Kirmis went over NAC Report dated October 19, 1995 (attached). The request is for a Conditional Use Permit to allow a relocated single family home be moved on an existing lot, replacing an existing manufactured home. Staff recommends approval of this request and views this as a positive addition to this neighborhood. Mr. Kirmis read the nine conditions listed in his report. Mr. MacArthur stated the way the ordinance is written, this request requires a 4/5 vote of the entire council. Mr. MacArthur suggested the Council take action on this at their November 15, 1995 Budget meeting, when all members of the council will be present. Mr. MacArthur also recommended to the Council to review the language of the ordinance, specifically in reference to entire council. CM Ackerman motioned to continue the consideration of the CUP to allow a building relocation for Bob and Diane Cederberg of 8700 OBrian Ave NE, 118-031- 003011 to Wednesday, November 15, 1995, 6:30 PM.. Seconded by CM Heidner. All in favor. Motion carried. 6-4. Discussion of Sign Ordinance amendment re- Construction signs. Mr. Kirmis asked for clarification from the Council. Mr. Kirmis stated prior direction from the council was to review specifically the part of the Sign Ordinance regarding Construction/Real Estate signs. The Planning Commission raised questions in regards to other language of the Sign Ordinance. The Council all agreed Mr. Kirmis should stick with the original course of action regarding Construction/Real Estate signs. The Council also requested Mr. Kirmis convey this to the Planning Commission. 6.5. Any other Planning Business AM Fournier notified City Staff that recently a sign has been placed on the Darkenwald Property, NE of 101 and 42, advertising Antiques and Crafts. Council directed Staff to check into this. Otsego City Council Meeting of November 13, 1995, contd. Page 4. 7-1 Discussion and review of other Cities Ord re- Street Parking Staff Report Andy MacArthur reviewed the proposed ordinance. He stated Sheriff Hozempa reviewed this and noted no problems with this and his staff will enforce this ordinance. Mr. MacArthur advised the Council they could take action on this now or table it until the next Council Meeting. AM Fournier motioned to adopt the Street Parking Ordinance. Seconded by CM Heidner. All in favor. Motion carried. 7-2- Hearing re" Special Assessment for Unpaid City Fees. A. Donald and Phyllis Greninger AM Fournier stated this Hearing is to consider adding the unpaid fee of $186.41, plus interest, for a request of a CUP for a one per forty subdivision and a transfer of property rights as a Special Assessment to the 1996 Tax Roll AM Fournier opened the Hearing. Elaine Beatty stated the proper notices, publication and postings were done. Staff Report Andy MacArthur explained the process and procedures of this Hearing and also the Appeal Process. An appeal would have to be submitted in writing by the end of this Council meeting. Public Comment AM Fournier opened Hearing for public comment. Donald Greninger, 9383 Kadler Avenue NE Mr. Greninger stated his objections. He was under the impression fees wouldn't exceed $200.00 and can't understand why his fees were so high. He wrote out a check for $300.00 and had no objections to this amount but objects to the additional $186.41. Elaine Beatty explained that typically a one per forty subdivision doesn't go through the Planning Commission but this one did because of the transfer of property rights. Elaine pointed out this process and fees are similar to others that have been processed. CM Heidner motioned to close the Public Hearing. Seconded by CM Ackerman. All in favor. Motion carried. Otsego City Council Meeting of November 13, 1995, cont'd. Page 5. CM Heidner motioned to approve Resolution 95-39, Special Assessment of $186.41, plus interest of 12% per annum. Seconded by CM Ackerman. All in favor. Motion carried. AM Fournier stated this Hearing is for the purpose of considering adding the unpaid fee of $181.73, plus interest, for the request of a CUP for the relocation of a home to an existing lot. AM Fournier opened the Hearing. Elaine Beatty stated the proper notices, publication and postings were done. Staff Report Andy MacArthur explained the process and procedures of this Hearing and also the appeal process. An appeal would have to be submitted in writing by the end of this Council meeting. There was no public comment. CM Heidner motioned to close the Public Hearing. Seconded by CM Ackerman. All in favor. Motion carried. CM Heidner asked for background information. Elaine Beatty briefly explained this CUP was for a move in home, which was approved. The City set up a payment schedule for Ms. Hillyard and she was making payments, but has since stopped several months ago. CM Heidner motioned to pass Resolution No. 95-38, Special Assessment of $181.73 plus interest of 12% per annum. Seconded by AM Fournier. All in favor. Motion carried. 73_ Discussion of Political Parties facility use. Andy MacArthur briefly went over his letter of November 7, 1995. His letter was written in response to the Republican Party faxing the City, a copy of Stat. 202A.192. Use of Public Facilities. After Council discussion with Judy Hudson, Judy said she will review current policy with the Administrative Sub -committee and bring back to the Council. Otsego City Council Meeting of November 13, 1995, cont'd. Page 6. Mr. Koshak went over the Damage Claims as listed in his report. He recommends payment as submitted. The total amount of $3,842.32 will be reimbursed from MSA. CM Heidner motioned to authorize payment as presented by the City Engineer. Seconded by CM Ackerman. All in favor. Motion carried. Mr. Koshak reported he did have a meeting with the Kolles Family. Also attending were Virgil Hawkins, PE, Wright County Highway Department, subcontractors Fehn Excavating and Menth Landscaping. Most of the issues are on the Contractors punch list. CM Heidner asked Mr. Koshak the amount we owe the contractor. Mr. Koshak said $14,000.00 9-2- Otsego Creek Authority Petition (Resolutionl. Mr. Koshak reported permission has been received from the DNR. The first step is for the Council to order a feasibility study and then set a date for the Public Hearing. Mr. Koshak stated that the earliest to start this project would be next Spring. CM Fournier motioned to put Item 8.2. on the November 27, 1995 City Council Meeting. Seconded by CM Heidner. All in favor. Mr. Koshak asked for direction from the City Council regarding the invoices for their services in connection with the well. The total is $6,507.91. From this amount, $2,379.65 resulted from responding to the school's concern. The Finance Director would like the Council's opinion whether the invoice for $2,379.65 should be sent to the School for payment. There was a lot of discussion regarding the well, maintenance and corrections. Andy MacArthur advised if sending the bill to school to be sure and include documentation. CM Ackerman suggested a meeting with the school and get this issue settled. Mr. Koshak said they are not sure if the corrections have been made. The Council expressed concern with the recent letter from the School. AM Fournier motioned to bill the school with the proper documentation and respond to the School's letter. This letter should be written to the school from the Engineer and Staff. Seconded by CM Heidner. All in favor. Motion carried. Otsego City Council Meeting of November 13, 1995, cont'd. Page 7. CM Heidner motioned to continue this Item to the November 27, 1995 City Council Meeting. Seconded by CM Ackerman. All in favor. Motion carried. Kevin Kielb went over the attached MSA Report. 8-6- Consideration for creating_a storm sewer tying District in the NW Watershed. Larry Koshak recommended creating a storm sewer taxing district in the Northwest watershed. Based on the potential for development in this area he feels a storm sewer taxing district should be considered. CM Heidner asked about a State Statute requiring cities to have watershed districts in place by a certain date. Mr. Koshak replied that we fall under the County and are to be in compliance by 1996 and basically what the City has already done, we should already be in compliance. Mr. Koshak said that this could be considered at the time the Otsego Creek Taxing Hearing is held. It was the consensus of the Council to continue this item to the November 27, 1995 City Council Meeting. 9-8. Miscellaneous Engineering T .ms_ Larry Koshak reported MnDOT contacted him regarding the road in Frankfort Township going through the Werner property. They are rerouting the road to the west of the buildings, where Otsego had originally placed it. Larry Koshak didn't think this would be a problem. The Council agreed with him. On September 14, 1995, MnDOT presented Appreciation Awards to Mr. and Mrs. Duane Lindenfelser, Mr. and Mrs. Archie Lindenfelser, Mr. and Mrs. Michael Helfert, Mr. Donald Grenginer and Mr. Russ Greninger for their cooperation during construction of the MnDOT - Finland Road Project. The Council agreed there is a need to have a new contract drafted. They directed City Staff to contact David Licht. Otsego City Council Meeting of November 13, 1995, cont'd. Page 8. CM Heidner motioned to continue this Item until the November 27, 1995 City Council Meeting. Seconded by CM Ackerman. All in favor. Motion carried. 9-3. Undate on PayFes} i v. Elaine Beatty reported we received a notification of compliance with the Local Government Pay Equity Act. We will not need to re -submit information until January of 1998. CM Fournier motioned to submit to the record the Notification of Pay Equity Compliance dated October 16, 1995. Seconded by CM Heidner. All in favor. Motion carried. Larry Koshak is reviewing the Notice of Release. He feels there is more ROW than what they are providing. The Council agreed to review this at the November 27, 1995 City Council Meeting. The Council agreed to bring this back to the November 27, 1995 City Council Meeting. Elaine Beatty received only one name, Denise Stack, and they would like to review this further. CDiscussion of Regular Scheduled EDA Meetings (1 any Fournier) Phyllis Boedigheimer reported that at the last EDAAC Meeting, there was a lot of discussion that the EDA is not a very visible body and the EDA should establish a regular meeting schedule. CM Fournier suggested the EDA meet before the second City Council meeting of the month, every other month, at 6:30 PM. CM Heidner pointed out that the EDA should establish this. Elaine Beatty was directed to notice a EDA Meeting for December 11, 1995, 6:30 PM. 9-5- Consider Claims List for approval. CM Heidner motioned to approve the Claims List for the period of October 25 to November 8, 1995 as presented. Seconded by CM Ackerman. All in favor. Motion carried. Otsego City Council Meeting of November 13, 1995, cont'd. Page 9. 9-6- Adioum by 10 PM_ CM Heidner motioned to adjourn. Seconded by CM Ackerman. All in favor. Motion carried. Adjourned at 8: 30 PM 9 aa��� a'-� - Mayor Norman F. Freske Elaine Beatty, City Clerk/ 'ng Administrator Judy Hudson, Deputy Clerk