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04-22-96 CCCITY OF OTSEGO WRIGHT COUNTY, MINNESOTA CITY COUNCIL MEETING 6:30 PM COUNCIL CHAMBERS OTSEGO CITY HALL APRIL 22, 1996 Roll Call: Mayor Norman F. Freske; Councilmembers: Suzanne Ackerman, Ron Black, Larry Fournier and Vern Heidner. Staff: Andrew MacArthur, City Attorney; Bob Kirmis, Assistant Planner; Larry Koshak, City Engineer; Elaine Beatty, City Clerk/Zoning Administrator; Phyllis Cokley, Director of Finance and Business; Judy Hudson, Deputy Clerk. 2_ Consider Agenda Approval - CM Fournier requested an addition under Item 9.4. Consideration of Stormwater Retention Pond North of CSAH 37 of East of Odean Avenue. CM Fournier motioned to adopt the April 22, 1996 City Council Agenda as amended. Seconded by CM Heidner. All in favor. Motion carried. 3_ Consider Minutes - 3. 1. inutes:3.1_ April 8, 1996 -City Council CM Heidner motioned to adopt the April 8, 1996 City Council Minutes. Seconded by CM Black. All in favor. Motion carried. 3.2. Anril 15, 1996 - Special Council Meeting April 15, 1996 Public Hearings for Northwest Watershed District and Otsego Creek Improvement Project. CM Black motioned to adopt the April 15, 1996 Special City Council Public Hearing minutes for the Northwest Watershed District and the Otsego Creek Improvement Project. Seconded by CM Ackerman. All in favor. Motion carried. 4. Special Presentations - None 5. Onen Forum_ None 6. Consent Agenda None Otsego City Council Meeting of April 22, 1996, cont'd. Page 2. 7. Boh Kirmis, Assistant City Planner 7.1 _ Discussion of Immediate Service Area Line Change - (A letter was received from Hilary Barry of Lin/Bar Estates requesting their property be moved into the Immediate Service Area Line.) Mr. Kirmis requested the City Council to authorize the preparation of a Conceptual Sewer Map. This map would be used as a basis for staff to address issues and make decisions for future development for the City. Mr. Koshak advised the Council that this is probably a good time to start to consider what they want to service with sewer units. To make the treatment plant project viable and to pay for it, development is needed. He suggested along with the 101 corridor, they should consider some of the undeveloped property. The map would delineate what areas are to be serviced in phases. The Sewer Study currently being done establishes general locations and the 101 corridor. Consideration must be done for who is going to pay for it and how it is going to be paid for. Mr. Koshak addressed a question regarding city water and he stated he assumed it would go in at the same time as sewer. He wasn't sure of the exact costs, but developers usually pay for the trunk lines and then the city sells the water. He also stated it is more beneficial to go ahead with water service because of income coming in. There was concern with having the City Well so far from the treatment plant. It was noted that there probably wouldn't be a lot of development around the plant. CM Fournier was concerned since there has not been a final decision made regarding a sewer plant, that maybe this map is premature. Mr. Koshak agreed and there will be several steps that need to be done. Mayor Freske said all of this could change pending the outcome of the Frankfort/St. Michael annexation. Elaine Beatty noted she talked to Dayton and the public meeting they held went very well and further discussion will be done at their April 24, 1996 Council Meeting. CM Heidner asked if the Immediate Service Line was extended now and plant didn't come in, would smaller lots be allowed. Mr. Kirmis replied it would be no different than what is currently being allowed. The original plan was assuming we would receive service from Elk River. CM Heidner stated he has no problems with opening up more land for one acre lots, His concern was with big developments coming in and if the sewer plant goes in, making residents hook up sooner than needed. Mr. Kirmis said the same density can be maintained but cluster the units. Mr. Koshak said they should look toward the larger developments. Under ten lots, it is difficult to do and not in the best interest of the developer or the City because of time and money. The Council agreed with this. CM Black noticed in another community usually a combination of land owners are under one project which is economically feasible. Regarding the Conceptual Sewer Map, Mr. Koshak advised the Council to take a positive step towards the sewer project first with acceptance by the community. The next step Otsego City Council Meeting of April 22, 1996, cont'd. Page 3. would be a meeting with the property owners, which at that time, a map should be prepared for them to review and changed if needed. Mr. Kirmis agreed with this. Regarding moving the Line, CM Heidner said the area West of 101 and North of CSAH 37 would probably be in the second phase of sewer service. That could mean 15 to 20 years before sewer gets there and he could support opening that up now since sewer hook ups would be several years down the road. Mr. Koshak suggested the area North of CSAH 37 and East of Odean should be planned for sewer and water. One acre lots end up losing a lot of land when split and suggested that cluster systems be considered. Mayor Freske asked if a cluster system for five lots is expensive. He also asked if there would then be additional engineering work to change this plat. Mr. Koshak said if that is done, then the whole parcel should come in with cluster systems to conform with the ultimate plan. The present plan for the five lots would probably have to be replaced since the original plan was for the Industrial Park using one acre lots. CM Fournier motioned to table the preparation of a Sanitary Sewer Service Area Map until after the Council makes a decision on the Sewer Project. Seconded by CM Black. All in favor. Motion carried. CM Black motioned to table the developers request to extend the Immediate Urban Service Line until staff reviews and presents their comments. Seconded by CM Ackerman. All in favor. Motion carried. (Discussion occurred between the motion being made and the actual vote) Discussion: Mr. Kirmis stated his office can offer a recommendation based on the plan the way it is now, and probably would not recommend approval. However, if there are changes as a result of the sewer plan, particularly the Urban Service Area Line Boundaries, they would likely support the project. CM Fournier questioned if this project could be done with a PUD. Mr. Kirmis said that is an option and not deal with the Urban Service Area Line. CM Black encouraged the landowner, developer and staff to get together and address this situation and give the Council a recommendation. He feels this situation with this parcel has been lead on by the City. He would like to see a recommendation that does not include moving the line. Mayor Freske asked for this recommendation for the May 13, 1996 City Council Meeting. :1111110PSiMill a I • - Otsego City Council Meeting of April 22, 1996, cont'd. Page 4. 8. Andy MacArthur, City Attorney - R, I ttorney8.1 _ Hearing for Chris Bulow, Sorenson's Ridge Vacation of Streets Mayor Freske opened the Hearing at 7:40 PM. Elaine Beatty reported the proper publishing was completed. The City Attorney, Andrew MacArthur, stated the streets within the Sorenson Ridge Plat which were created by the Otsego Old Townsite Plat, have never been used. Mayor Freske opened the Hearing for public Comment. There was no public comment. Council Action CM Heidner motioned to close the Public Hearing. Seconded by CM Ackerman. All in favor. Motion carried. CM Heidner motioned to approve Resolution No. 96-13 vacating all those streets lying within the plat of the Townsite of Otsego, lying South of County State Aid Highway No. 39, and East of the Plat of Bulow Estates. Seconded by CM Black. All in favor. Motion carried. (Discussion occurred between the motion being made and the actual vote) Discussion: CM Fournier requested to change the word Councilman to Councilmember in the Resolution (two places). Public Hearing closed at 8:43 PM. 8.2. Consider Resolution/Policy for Stormwater Drainagepact Fees Deferment Mr. MacArthur prepared a proposed Resolution regarding City Policy for deferment of fees related to Storm Water Drainage and Park and Trail Dedication. The City Engineer and Planner have reviewed and commented on this Resolution. Mr. MacArthur noted Merland Otto's letter regarding the Park and Trail Fees. The Resolution establishes the conditions under which a deferment would be granted. He read the conditions. The Council has the ultimate decision of deferring but the conditions have to be complied with. CM Fournier agreed with Mr. Otto's suggestion of charging interest on deferment of fees. It was also noted the rate of fees used are the rates that were in effect at time of final plat approval. CM Black suggested the following changes: Item 1. Request is in writing and should also include the reason or rationale for deferment. Item A. Should include both the City Engineer and the City Finance/Business Director. The Council also requested that interest start at day one and all costs incurred with the deferment is the responsibility of the requester. The rate of interest should also be determined. Otsego City Council Meeting of April 22,1996, cont'd. Page 5. 83_ Consider approval of Referendum to Amend the City Liquor Ordinance for Sunday Sales (by Riverwood Metro Business Resort) Mr. MacArthur said the City received a request from Riverwood Metro Business Resort for a referendum to amend the City liquor ordinance for Sunday sales to be on the next election. He referred to his letter dated February 16, 1996, regarding the process. The City Attorney's recommendation was that a request be made and Council consider doing it on their own motion, on the contingency that Riverwood pay the extra costs related to the Referendum. The process is that it would go to a Referendum , if the vote is successful, then the City would amend the City's Liquor Ordinance to allow for Sunday Liquor and then the applicant would have to come in for a Public Hearing on granting of a Sunday Liquor License. All the vote does is give the City authority to amend the ordinance. Costs of the Referendum were discussed. It was pointed out that if the Ordinance is amended this could benefit many people and costs should not include election material and supplies. CM Black motioned to accept Riverwood Metro Business Resort Petition and adopt the City Attorney's recommendation with the contingencies he recommended. Seconded by CM Fournier. All in favor. Motion carried. (Discussion occurred between the motion being made and the actual vote) Discussion: CM Black asked the City Attorney if he is correct in his understanding that the City's involvement is just to place this on the ballot. Mr. MacArthur replied that is correct. 9-4- Any other Legal B�1S_inPsc Mr. MacArthur reported he has the John Lefebvre Assessment Deferment Agreement and Staff and CM Fournier will be meeting with Mr. Lefebvre. 9- Larry Koshak,City Engineer- 9- 1. in r9.1. Consider Otsego Creek Levy for improvement eject (approve_/denyl Mr. Koshak said if the levy is approved, the next order of business is to prepare the plans and specifications. If the levy is denied, some improvements will have to be eventually done and funding needs to be determined. There are also the costs that have already occurred that need to be addressed. Mayor Freske noted that there were approximately 350 letters sent out and attendance at the Hearing was approximately 50 residents. There were questions regarding impact fees and utility fees, feeling that some of these repair costs could come out of those funds. Mr. Koshak explained the difference: Utility Fee: Is primarily for operation and maintenance and not intended to be used for a large project. Impact Fee: Fees put on developments with land use changes (costs associated with trunk Stormwater facilities). It is a one time fee. Other Otsego City Council Meeting of April 22, 1996, cont'd. Page 6. improvements in that district would then be assessed. CM Black noted he did not attend the Hearing but after reading the minutes he observed that the same residents urging the City to solve their flooding problems, and the City responded. The same residents are now opposing the project. CM Black stated he would like the City to move ahead with this project. He also stated he could not support an annual fee without knowing what it is being charged for. Mr. MacArthur stated this project is an improvement project and not maintenance and a Public Hearing is required. CM Heidner motioned to table the decision on the Otsego Creek Improvement Project until June 10, 1996 City Council Meeting, allowing time to discuss with the City Engineer if any maintenance items could be removed. Seconded by CM Black. All in favor. Motion carried. Mr. Koshak said there are parts of the project cost that could be reduced like ditch cleaning, which the Sentence to Serve could do, and also the fees already spent. Mr. MacArthur wanted to make it clear this is not approving the levy, but just the improvement project and you have six months from the date of the Hearing to act on it. CM Black asked if pieces are taken out of the process, where is the money going to come from to pay the difference. He felt that residents not living in the Otsego Creek Watershed District should not have to pay for this. CM Heidner compared this with the expense of the topos and if those fees were taken out of the general budget or are they being assessed to the benefiting watersheds. He suggested maybe some of the Otsego Creek Project could be taken out of the General Fund. It was noted that fees are being recovered through sale of topos. The Finance and Business Director, Phyllis Cokley, noted the money for this project could be borrowed along with other borrowing. If this is held up for six weeks, will this hold up the other projects, or does the City go out and borrow this separately. CM Black motioned to adopt Resolution No. 96-4 establishing a Storm Sewer Tax Improvement District encompassing portions of the geographical area of the Northwest Area Watershed. Seconded by CM Fournier. All in favor. Motion carried. 9.3. Consider Bids: A. Mississippi Shores Overlay B. Island View Estates Bituminous Project The City Engineer went over the bids received from six bidders. The lowest bid was Midwest Asphalt Company for the total of both projects. The bid for the Mississippi Otsego City Council Meeting of April 22, 1996, cont'd. Page 7. Shores Project was $155,085.00, which came in under the Feasibility Study estimate. The Island View Estates Project came in higher than anticipated at about 26% over the Feasibility Study. The main reason for the over run was due to the poor soils. With the cul-de-sac being reduced, about $5,000 was removed. Also two (2) assessment units were removed. Mr. Koshak recommended to have an appraisal performed of the benefited property to determine if the assessed amount will benefit the property. CM Fournier questioned since the cost was that much of an over run, will there be a need for another hearing. Mr. MacArthur replied no, not in that range, but he agreed with the recommendation of an appraisal. CM Black motioned for the City to retain the service of Malcolm Watson to do an appraisal of the benefiting property to determine if the benefit will support the assessment. Seconded by CM Fournier. All in favor. Motion carried. (Discussion occurred between the motion being made and the actual vote) Discussion: CM Heidner asked the cost of the appraisal. Mr. Koshak said $500 or less. CM Fournier motioned to approve Improvement Project 95-1 and award to WB Miller, Inc. Larry Koshak recommended to table this until the appraisal is done and he has a chance to talk to the contractors about bid being split out. CM Fournier withdrew his motion. 9.4. Any other Engineering Items. Mr. Koshak discussed with the Council about putting the Warning Siren on Well site which the City holds an easement for water facilities. After Council discussion they decided to place the Warning Siren in the original site of CSAH 42 and Quaday Avenue ROW. Mayor Freske asked Mr. Koshak to check out the Odean Avenue and CSAH 37 Street project area. Mr. Koshak noted there will be additional clean up. Mr. Koshak asked the Council if they would like him to attend the April 30th meeting regarding the Wright County Five Year Street Plan. CM Fournier motioned to support the City Engineer's attendance at the April 30th Wright County 5 year proposed street plan. Seconded by CM Black. All in favor. Motion carried. Mr. Koshak also reported he is meeting with the engineers regarding the 101 project. He is going to make sure the new gas line (Northern Natural Line) is correctly placed. Mr. Koshak also informed the Council that Kevin Kielb from his firm met with ISD 728 regarding the City Well. Mr. Kielb was concerned with the frequency of the well Otsego City Council Meeting of April 22, 1996, cont'd. Page 8. operating, it was down to 200 gallons of storage. After the meeting they were informed that it was increased at 100% capacity. Mr. Koshak stated that several things are turning up justifying the City has a good Well system. The Council directed they want good follow up documentation to the School District. Mayor Freske asked Mr. Koshak if he has received the letter from Kerry Saxton received April 19, 1996 regarding funding to LGUs. Mr. Koshak said he did receive a copy. Retention Pond at CSAH 37 and Odean Avenue: Mr. Koshak informed the Council that Andrew MacArthur and himself met with the Lin - Bar Developers prior to the meeting. They presented the developers with a revised agreement to acquire easement for construction of Retention Pond. The developers have decided not to sign it. Condemnation was discussed. The Council decided to hold off on this item. CM Fournier asked at what point does the Council set Utility Fees. Mr. Koshak explained these fees are for operation and maintenance. He and Phyllis Cokley have discussed this and were asked to hold off on the report, but they are ready to recommend a quarterly figure. The Council requested for the Report to be presented at the June 10, 1996 City Council Meeting. 10_ Council Items: 10.1_ Consider Adopting a Job performance Review Form CM Black motioned to tentatively adopt the Job Performance Review Form for use in pending Employee Reviews. Seconded by CM Fournier. All in favor. Motion carried. (Discussion occurred between the motion being made and the actual vote) Discussion: The Council agreed to use this Review Form on a trial basis. CM Fournier motioned to cancel the Employee Reviews set for April 23, 1996. Seconded by CM Ackerman. All in favor. Motion carried. (Discussion occurred between the motion being made and the actual vote) Discussion: The Council decided they need completed job descriptions before conducting employee reviews. 10.2. Consider meeting date for Otsego Creek Authority CM Fournier will work on this and the set the Meeting for May 2, 1996. Otsego City Council Meeting of April 22, 1996, cont'd. Page 9. 10.3. Any other Council business Mayor Freske reported a meeting has been set for April 29, 1996 at St. Michael City Hall for the five communities of St. Michael, Frankfort, Otsego, Hanover and Albertville. Elaine Beatty said the purpose of the meeting is for all the communities to get together to let everyone know what they want and what they can live with and to try and work things out and then take their comments to the Municipal Board and hopefully to avoid Hearings. Jerry Von Korff said he can attend. CM Black's concern was there is no agenda that we are aware of and there will probably be at least 30 people attending. He felt that just Otsego's legal counsel and a Council Rep should be there to observe and everyone else stay out of it. CM Heidner motioned to have Mayor Freske appoint CM Black and Jerry VonKorff to attend the April 29, 1996 Meeting at St. Michael. Seconded by CM Ackerman. All in favor. Motion carried. (Discussion occurred between the motion being made and the actual vote) CM Fournier suggested Mayor Freske as an alternate. CM Heidner and CM Ackerman agreed. Phyllis Cokley, Director of Business/Finance, reported the Auditors will be this week. 10.4. City Clerk's update Elaine Beatty asked the Council if they wanted her to attend the April 29, 1996 Meeting at St. Michael. The Council agreed she should attend. Elaine asked who will be attending the Urban -Rural Clash Planning Seminar on May 9, 1996 at Otsego City Hall. The Mayor and all four Councilmembers said they would be attending. Ms. Beatty also announced there are appointments booked for after 10 PM for the Board of Review Meeting April 25, 1996. The City Clerk noted that Jon Bogart was chosen by the Municipal Board as Chair of the Consolation Committee. Mr. Bogart will be meeting with the Municipal Board on April 26 and then he will be getting together with Gary Hale and Elaine Beatty. The Municipal Clerks Training will be held July 15 through July 19 and Ms. Beatty will be attending. 10.5. Consider Claims List for Approval CM Heidner motioned to adopt the Claims List. Seconded by CM Black. All in favor. Motion carried. Otsego City Council Meeting of April 22, 1996, cont'd. Page 10. 10.6. Adjourn by 10 PM_ CM Fournier motioned to adjourn. Seconded by CM Black. All in favor. Motion carried. Meeting adjourned at 9:06 PM. Norman F. Freske, Mayor Elaine Beatty, City Clerk/Zo*g Administrator : Judy Hudson, Deputy Clerk CITY SEAM.