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04-08-96 CCCITY OF OTSEGO WRIGHT COUNTY, MINNESOTA CITY COUNCIL MEETING 6:30 PM COUNCIL CHAMBERS OTSEGO CITY HALL APRIL 8, 1996 1. Mayor will call meeting to order Mayor Norman F. Freske called the April 8, 1996 City Council Meeting to order at 8 PM. Roll Call: Mayor Norman F. Freske; Councilmembers: Larry Fournier, Vern Heidner, Ron Black. CM Suzanne Ackerman arrived at 6:40 PM. Staff: Bob Kirmis, Assistant Planner; Andrew MacArthur, City Attorney; Larry Koshak, City Engineer; Elaine Beatty, City Clerk/Zoning Administrator; Phyllis Cokley, Business/Finance Director; Judy Hudson, Deputy Clerk. 2. Consider Agenda AI)Droval CM Black motioned to adopt the April 8, 1996 City Council Agenda. Seconded by CM Fournier. All in favor. Motion carried. 3. Consider Minutes 3.1 _ March 28, 1996 City Council CM Black motioned to adopt the March 28, 1996 City Council Minutes. Seconded by CM Heidner. All in favor. Motion carried. 3.2_ March 28, 1996 Closed City Council Meeting, CM Heidnner motioned to adopt the March 28, 1996 Closed City Council Meeting. Seconded by CM Black. All in favor. Motion carried. 4. Special Presentations- 4.1. res .n a ions -4.1. John Daniel's - Long Haul Trucking(Re-sign on I-94 for his Industrial property - Letter of Credit reduction) Mr. Bob Gruber, Scenic Sign of St. Cloud, he explained the size and structure of the proposed sign (attached). He gave examples of this sign as ones located in Roger's although those are at 70 feet and this one would be at 50 feet. Bob Kirmis explained that in order to accommodate the proposed sign the followings items would have to be considered: 1. An amendment to the City's Ordinance. 2. Issue of use as it relates to the sign. CM Fournier motioned for the City Planner to provide an Amendment for the City Council to consider. Seconded by Mayor Freske. Voting For the motion: Mayor Freske, CM Ackerman, CM Fournier Voting Against the motion: CM Black, CM Heidner Motion carried three (3) to two (2). Otsego City Council Meeting of April 8, 1996, cont'd. Page 2. (Discussion occurred between the motion being made and the actual vote) Discussion: CM Black opposed this motion stating this request should be from someone other than the City and should follow the normal application process. He doesn't want the City to spend the money or initiate. CM Heidner agreed with CM Black and stated that the City has strict sign ordinances and questioned if something has changed since their adoption. CM Fournier supports the motion stating there is enough interest out there and this is a chance to help economic development. He assumed that this would be through the normal process. CM Black said it was his understanding that Long Haul Trucking was a truck terminal generating its own business and doesn't need such a large sign. He felt there are serious issues to discuss. Mr. John Daniel's, Owner of Long Haul Trucking, stated the Trucking Company is self - generating and he wouldn't have located on I94 if he wouldn't have wanted to generate business. His Company is looking for outside service work to help with cost of development and generate outside revenues. CM Black also stated his objection to the Council taking action on a Special Presentation and that nothing is on the Agenda calling for Council action. The Council has opened up reviewing the sign ordinance throughout the City. CM Fournier felt the intent of the motion was not to act on what was proposed but to present an amendment and he is looking for a recommendation from NAC. The City Attorney, Andrew MacArthur, stated his concern with the motion, saying it would be easier if the requester would make a particular application for what they need instead of NAC recommending options. CM Fournier said a motion was made and asked the City Attorney if the City can initiate an amendment. Mr. MacArthur responded it can, but he doesn't think the amendment here is of clarity and in his opinion should not be initiated by the City in this case. He explained the requester appears to have a specific issue on the Highway and he can come in and say based upon his zoning or the fact he is located on I94 he can request to amend the sign ordinance to allow him to do this particular thing in a certain zone. The problem with the motion, is that the City will be looking at all the signs in all different zones and uses. The Council just created a large project for the Planner reviewing the entire City in regards to the Sign Ordinance. It would be easier to just review the requester's application and try to accommodate them. Mayor Freske didn't want to have to go through this every time an application is received. Mr. MacArthur said the City can go beyond a specified zone. CM Fournier supports the easiest and best way to handle and asked Mr. Kirmis if he agrees with this discussion. Mr. Kirmis said he understands what the City is doing, but cautioned to first evaluate the scale of the sign and ask if this sign is necessary. He said all this would be conducted under the normal process. CM Fournier motioned to rescind the last motion. Seconded by Mayor Freske. All in favor. Motion carried. Otsego City Council Meeting of April 8, 1996, cont'd. Page 3. CM Black motioned to table any further discussion here and let Long Haul Trucking go through the process. Seconded by CM Ackerman. All in favor. Motion carried. (Discussion occurred between the motion being made and the actual vote) Discussion: John Daniel's stated his competition is not only in Roger's but all up and down 94 and every community has this kind of signage. He doesn't want to spend this kind of money on a sign but competition calls for it. He hasn't been able to sell any of his other lots in the Industrial Park. 5. Open Forum Judy Wood, 8841 NE Obrian Avenue, Otsego. Mrs. Woods asked if when the City does the Otsego Creek Project, will this give them and their neighbor some relief with their water problems in the Obrian Avenue area. The City Engineer, Larry Koshak, noted the Hearing on April 15 is for part of the Otsego Creek and not specific to their area. He stated that later on in the Agenda, they will be discussing the Halls Pond. 6_ Consent Agenda 6.1_ Consider revised minutes as follows; A. July 26, 1995. Special Council Workshop B. August 1995_ - Special Council Workshop on Finances C. August 10, 1995 - Budget Workshop D. August , 1995 - Special Council Meeting E Selitemher 5. 1995 -Special Budget Workshop F. November 15, 1 95 - Budget Meeting, CM Fournier motioned approval of the Consent Agenda. Seconded by CM Black. All in favor. Motion carried. Staff Report Mr. Kirmis went over the NAC Report of April 4, 1996. The report is reflective of the Planning Commission's recommendations of re -zoning the subject property to PUD from A-1, General Ag. The Planning Commission also recommended approving the Preliminary Plat subject to the 14 conditions including Item 2.A., as outlined in the NAC Report dated March 7, 1996 and April 2, 1996. City of Otsego City Council Meeting of April 8, 1996, cont'd. Page 4. CM Black motioned to approve the re -zoning of the subject property from A-1, General Ag to PUD, Planned Unit Development. Seconded by CM Fournier. All in favor. Motion carried. (Discussion occurred between the motion being made and the actual vote) Discussion: CM Heidner was concerned with the recommendation from the approval of Bulow Estates, the first addition, regarding future street extensions. Mr. Kirmis responded the agreement stated if available. CM Black motioned to approve the Preliminary Plat for Chris Bulow, subject to the 14 conditions outlined by the Assistant Planner and recommended by the Planning Commission. Seconded by CM Heidner. All in favor. Motion carried. There was no discussion. There was discussion with Mr. Bulow regarding the Developers Contract and payment of impact fees. The Council directed for staff to recommend a policy and resolution for the next City Council meeting regarding impact fees. 7.2. Any other Pl nning Business. Mr. Kirmis discussed with the Council, the Valuation Sheet which was presented as an Exhibit at the Planning Commission Meeting of April 3, 1996. He was directed to make a determination if animal feedlots have a negative impact on property values. He said this would be a major undertaking and can't make a generalization without an investigation. The City Attorney responded that this isn't relevant to what is in front of the Planning Commission and recommends no comment and no report on this request. Mr. Kirmis also mentioned the Long Haul Sign again. He is concern with the issue of use and the way to handle this is to make the use acceptable and then pursue the sign. He feels uncomfortable with this when the use is not allowed in this district. If Mr. Daniel's approaches the staff, we must address the use and he felt the direction he received was just to pursue the sign. Mr. Koshak noted when the building site was reviewed, it was the staffs impression that this was a self-contained business and they are going public, then there are other issues to review. The Council agreed to wait and see the application and Staff can do a recommendation. 8. Andy MacArthur, City Attorney: R_ 1 _ Proposed Resolution authorizing condemnation for Island View Project - Mr. MacArthur explained how Kevin Kielb (Hakanson Anderson), Mayor Freske and himself met with Don Greninger and his son at the property (99th Street) and observed the property in questions. There were three things evident after observing. Otsego City Council Minutes of April 8, 1996, cont'd. Page 5. I. The access coming off the cul-de-sac from 99th Street to his son's property is obviously heavily used. 2. Property is 100% accessible. 3. There is also an existing field road, that is not shown as being recorded that goes down to CSAH 39 and is obviously used. There are also field tiles lines close to where the cul-de-sac would be constructed. Gary Greninger indicated he has some problems with flooding. the alternatives in the front of the council were: 1. Acquisition of easement and construction of cul-de-sac and authorization of emanate domain. 2. Construction of full size cul-de-sac, which would mean the City would have to condemn or obtain easements from the two adjoining properties to meet the appropriate size or; 3. Construct the sub -standard cul-de-sac. The City Attorney recommended to go ahead with the substandard size cul-de-sac. Mayor Freske stated he agreed with this recommendation. CM Fournier motioned to proceed with the sub -standard size cul-de-sac and not acquire any property and place in the present Right -of -Way. Seconded by Mayor Freske. All in favor. Motion carried. (Discussion occurred between the motion being made and the actual vote) Discussion: CM Heidner asked if the drawing in the Council Packet shows the sub- standard size cul-de-sac and there will be access from the sub -standard cul-de-sac to the property. Mr. Koshak said the drawing in the Council Packet was for the proposed cul-de-sac (full size) and not the sub -standard size one and there will be access. Mr. MacArthur said that Gary Greninger indicated that he wanted the access and he acknowledged that his land was assessable. CM Fournier noted he talked to Dave Chase, Street Department, and Dave said his only concern was for enough room to do snow plowing. 9. Larry Koshak- City Engineer: 9.1. See 10 1 under Council Items Consider Deferral of Special Assessment of 85th Street for John LeFehyre under St. Citizen Deferral. The original agreement was for two years. Mr. Koshak recommended extending by modifying the agreement. City of Otsego City Council Meeting of April 8, 1996, cont'd. Page 6. CM Black motioned that the City Council agrees to continue to defer the assessment on John Lefebvre's property but with the understanding that it's reduced to a modification of the agreement that has already been entered in with Mr. Lefebvre. Seconded by CM Fournier. All in favor. Motion carried. (Discussion occurred between the motion being made and the actual vote) CM Black supports this motion since he doesn't want to force premature development. His only concern was with the cost of doing this revision to accommodate Mr. Lefebvre's needs should be Mr. Lefebvre's responsibility. Mr. Koshak recommended this agreement be recorded. Mr. Koshak asked for consideration of approval to order a feasibility study for the above mentioned area and include a Stormwater Drainage Plan for the land adjacent to 85th Street in Hall's Pond Storm Sewer District. The estimated cost is $12,500, which is eligible for MSA Funding, should the project proceed. CM Fournier supports the project but questioned if it is too soon to do the feasibility study. Mr. Koshak said what supports the study for this time is that there has been a request for development along 85th Street and staff is trying to answer developers requests and they need some answers. The policy is to place impact fees on undeveloped land to pay for trunk lines and they need to complete the study to know the costs. The report would come back in July; the council can consider ordering a Public Hearing and have a year to construct the project. Phyllis Cokley asked where does the money come from to pay for the Feasibility Study. Mr. Koshak said the Council has initiated the project. CM Black doesn't see a reason for delay. The Council has made a commitment to the residents to do something and would like to see this project move ahead. CM Heidner asked if this project would include the area where the Woods live (entire area by Obrian Avenue). Mr. Koshak said the intent is to look at the plan that was in the Storm Water Drainage Plan which would be the entire area discussed. CM Fournier motioned adoption of the Resolution No. 96-12 Ordering Preparation of Report on Improvement (85th Street and Hall's Pond). Seconded by CM Black. All in favor. Motion carried. No discussion Otsego City Council Meeting of April 8, 1996, cont'd. Page 7. 9.3 Update on Otsego Prairie Park issues A. Discussion of Right -of -Way acg nisi ion Part of the 96 ISTEA Project, includes linking 85th and Page Avenue with the Otsego Elementary School property. Merland Otto went over the project with the Council., three possible routes (see attached report). The Grant is up now and a decision is needed for a path. Mr. Koshak suggested a fence on the bike path. The Council and Engineers discussed all the options and since the options require land acquisition from Mr. Lefebvre, CM Fournier volunteered to meet with Mr. Lefebvre along with Merlin Otto and Kevin Kielb. Mayor Freske said he would be an alternate. Merland Otto presented an updated report on Otsego Prairie Park as outlined on the attached report. After Council discussion, the Council agreed to seed the rye now on the ball fields, and the expensive seed in the Fall with the exception of the wooded area which will be seeded this Spring. Mayor Freske asked the City Engineer to review the letter regarding the Wright County Bridge Improvements. 10_ Council items: 10.1. Consider Deferral of Sn sial Assessment of 95th Street for John Lefebvre under St i i n Deferral - Previously f rr 1Previously discussed under 9.1. 10 Any other Council Business a. Consider appointment of new Chair for Consolidation_ Committee ( erg. nested by State M un ipal board) CM Black motioned to inform the Muncipal Board that Otsego will be submitting the names of Jon Bogart and Bob McEachern. Seconded by CM Fournier. All in favor. Motion carried. 10.3. City Clerk's Update Elaine Beatty called the City of Dayton regarding the Sewer Study. They will be holding a meeting on April 18, with their residents for input and will then contact Otsego. Elaine also informed the Council that Riverwood Conference Center will be asking for Sunday Liquor to be placed on the ballot this year. Otsego City Council Meeting of April 8, 1996, cont'd. Page 8. CM Fournier asked the Sewer Committee if they considered having a meeting with the Otsego Residents. CM Black responded this was scheduled in the original plan after the final study. Mayor Freske said he is meeting with the Engineers on Thursday, April 11, 1996. He also said John Simola, Public Works Director for the City of Monticello and a resident of Otsego, has volunteered to serve on the Sewer Committee. Phyllis Cokley, Business/Finance Director, reported she is proceeding with Springsted regarding the financing of the two Street Projects and they will be preparing a report. CM Ackerman reported the Heritage Preservation Commission is preparing a report regarding the Peavey Property. 10.4. Consider Claims List for Approval CM Heidner motioned to approve the Claims List as presented. Seconded by CM Ackerman. All in favor. Motion carried. 10.5. Adjourn by 10 PM CM Fournier motioned to adjourn. Seconded by CM Black. All in favor. Motion carried. Meeting adjyrmpnl'tM. Mayor Norman F. Freske ��ttest: Elaine Beatty, City Cler oning Administrator R c ded y. Judy Hudson, Deputy Clerk CITY SEAL