05-28-96 CCCITY OF OTSEGO
WRIGHT COUNTY, MINNESOTA
CITY COUNCIL MEETING
6:30 PM
COUNCIL CHAMBERS
OTSEGO CITY HALL
MAY 28, 1996
1 Vice Mayor will call meeting to order in ayor Freske's absence_
Vice Mayor Larry Fournier called the May 28, 1996 City Council Meeting to order at
6:32 PM.
Roll Call: Councilmembers: Ron Black, Vern Heidner, Vice Mayor: Larry Fournier.
Arriving late CM Ackerman.
Absent: Mayor Norman F. Freske.
Staff: Bob Kirmis, Assistant City Planner; Larry Koshak, City Engineer; Elaine Beatty,
City Clerk/Zoning Administrator; Phyllis Cokley, Business/Finance Director; Judy
Hudson, Deputy Clerk.
? Consider Agenda a}2proval.
CM Black motioned to adopt the May 28, 1996 City Council Agenda. Seconded by
CM Heidner. All in favor. Motion carried.
(Discussion occurred between the motion being made and the actual vote)
Discussion: VM Fournier questioned if the time of 5:30 PM for the June 10, 1996
Council Workshop as listed in Item 6.2 is set too early. The Council agreed to leave the
meeting at 5:30 PM.
Consider Minutes
1 Aril 25, 1996 Board of Review.
CM Heidner motioned to adopt the April 25, 1996 Board of Review Minutes.
Seconded by CM Black. All in favor. Motion carried.
3-2. May 13, 1996 Board of Review.
CM Black motioned to adopt the May 13, 1996 Board of Review Minutes.
Seconded by CM Heidner. All in favor. Motion carried.
3.3. May 13, 1996 y Council Minutes.
CM Heidner motioned to adopt the May 13, 1996 City Council Minutes as
corrected. Seconded by VM Fournier. All in favor. Motion carried.
(Discussion occurred between the motion being made and the actual vote)
Discussion: CM Heidner noted on Page 5, the last line in the second from the last
paragraph - strike out the words up to 101 and replace with along 101. On Page 12,
under Item 10.2, where CM Heidner talked about being annexed, replace annexed with
adjacent.
CM Fournier noted on Page 1 of Roll Call, the spelling of CM Black.
Otsego City Council Meeting of May 28, 1996, cont'd. Page 2.
4 May 13 1996 Closed Meetingfor Litigation .
CM Heidner motioned to adopt the Minutes for the May 13, 1996 Closed Meeting.
Seconded by CM Black. All in favor. Motion carried.
CM Ackerman arrived at this point.
5 Open Forum_
Mark Berning, resident on 80th Street: Discussed two concerns with the Council.
1. 80th Street (East of CSAH 19) - Mr. Beming stated this Street needs to be
repaired. He understands there are budget concerns but asked the Council if the
driveways could be filled with gravel to prevent further damage to blacktop.
2. Dog Warden - He had to get rid of 7 dogs last year. He lost 16 pigs because of
the dogs and he isn't allowed to bury dead animals.
Elaine Beatty, City Clerk/Zoning Administrator, explained if the owner of the dog is
known, the Sheriffs Department will ticket the owner or the City will send a letter to the
owner.
VM Fournier explained how he has been trying to work animal control into the budget for
the past two years and he will continue do so again this year.
CM Ackerman supported VM Fournier comments and stated she will support animal
control at this year's budget meetings.
Larry Koshak, City Engineer, has discussed the 80th Street condition with Dave Chase,
Street Maintenance. Mr. Chase is planning on doing some work on this street once it gets
dry. He has recommended to the City Council to have a meeting with the residents to
discuss repairs and costs.
6- Consent Agenda.
6-1- Consider Workshop Meeting to discuss Otsego Creek/fees fQr watershed.
• •o1 11 demolitlion •'It • •• • 1 '►/ June • 1996,
Black6-2- Consider establishing June 10- 1996 - 5.30 PM as a workshop to review
audit rej)ort and City's o
CM / 1 1 adopt the Consent/ 1 / by CM Heidner. All
favor.in 1A1
7 Bob Kirmis Assistant City Planner.
7-1. Consider Amendment to Home Occupation portion of Zoning Ordinance.
Mr. Kirmis referred to the attached draft amendment he prepared. The amendment
provides a list of prohibited home occupations activities; allows a full time employee other
than those who reside on the premises; allows business activities within an attached garage
and, revocation of business license section which has been added as was contained in the
Otsego City Council Meeting of May 28, 1996, cont'd. Page 3.
ordinance provided by EDAAC. In consideration of this amendment there are two items
Mr. Kirmis asked the Council to review:
1. Allowance of an employee - Would the Council prefer that this be a permitted
Home Occupation or Special Home Occupation. The difference is the Special
Home Occupation follows the Hearing procedures of a CUP and the Permitted
Home Occupation doesn't require a Public Hearing.
2. Allowance of activities within an attached garage - Currently the Special Home
Occupations do allow for this under the condition the Home Occupation not
exceed 10% of the single family dwelling unit. Consideration should be given to
reserving space for parking vehicles with the intent allowing garages to remain as
a garage.
Liz Wilder, EDAAC, agreed with Mr. Kirmis in setting aside space in an attached garage
to use as such and not convert all of it to a business. She also agreed with not more than
10% of the dwelling shall be used in the conduct of the Home Occupation, but doesn't see
how this would be enforced if this provision is left in.
Ms. Wilder noted that she did not see in the draft where the attached garage was allowed.
Mr. Kirmis responded that currently Special Home Occupations have been allowed in the
attached garage, but sees where an added provision is needed stating that activities can be
conducted in the attached garage provided they don't exceed a certain percentage.
Ms. Wilder concluded that the draft the EDAAC worked on was more comprehensive and
detailed but with these changes she feels the City will be accomplishing the majority of
what was proposed.
CM Heidner said he had previously discussed this with Bob Kirmis. He had directed Mr.
Kirmis to put the draft together as presented. CM Heidner would like to see the one other
employees and using the accessory buildings under the Permitted Home Occupation.
The reason is the Special Home Occupations involve more people and traffic therefore
greater impact but with just one other employee the impact would not be of great
significance.
CM Black comments to Mr. Kirmis' Item 1. His preference would be to have something
under the revocations, that if the use gets to be a nuisance and complaints are received,
then there should be a Hearing.
CM Heidner agreed with this and questioned if this falls under Section 3, being defined as
a nuisance.
CM Black suggested to run this by the City Attorney and Planner. His concern was with
the definition of Nuisance. CM Black supports requiring the setting aside of 200 square
feet for vehicles. He wants the ordinance to clearly state the garage is be used for the
vehicles and is not a warehouse. Having a flat square footage, he is troubled with
enforcing the 10% square footage and maybe the 200 feet could address this.
VM Fournier supports CM Black suggestion with no Public Hearing up front making it
easier for the applicant to get started. He also supported the need to reserve 200 square
feet in the garage for vehicles.
Otsego City Council Meeting of May 28, 1996, cont'd. Page 4.
Mr. Kirmis stated concern with the 10% figure, stating a example in another City that
abused this. He would like to see a cap set.
CM Black's understanding that the 10% figure will stay in but the 200 square feet applies
to the garage.
Mr. Kirmis thought this gives the message that the applicant can have this intensity of use
in the garage or the residential dwelling but there is a limit and is up to the applicant where
the activity takes place, provided 200 square feet is retained in the garage for vehicles.
Through discussion it was decided that the garage would be part of the principal dwelling
when calculating the 10%.
Bob Kirmis questioned if the 10% is consistent with the scale of operation that the
EDAAC or the City is looking for.
CM Heidner thought it was reasonable. He also reiterated his thoughts that the Permitted
Home Occupations should be allowed the one additional employee and attached accessory
building usage. Under C. Special Home Occupation would still need to go through the
CUP process. Under the Permitted Home Occupations, if they become a nuisance
problem, under the revocation, there is a means for a Public Hearing to be held.
The Council directed Mr. Kirmis to revised the draft amendment and bring back to the
Council.
None
R_ Any MacArthur, City Attorney -
Absent from this Meeting.
9. Larry Koshak City Engineer-
9-1-
ngineer:9.1_ Consider Resolution for Stormwater Drainage Impact Fee/Park and Trail
Fees deferment
Larry Koshak, City Engineer, referred to the attached letter addressed to Elaine Beatty,
dated May 16, 1996. The letter stated and addressed the concerns Staff raised regarding
deferment of Stormwater Drainage Impact Fees. One concern was how to divide up the
impact fees, since calculations are based on gross acre and not lots. The Engineer's
recommendation is that the fee is set at the time of the developers agreement, which runs
for two years, and no change in amounts occur for that two year period. At the time the
developer's agreement expires, the remaining amount is due and payable. If the agreement
is extended, then adjustments will be made as outlined in the letter. Mr. Koshak noted the
Impact Fees are included in the Letter of Credit.
Elaine Beatty supported this recommendation stating the City has the Letter of Credit and
it is money the City is collecting for future projects.
The City Attorney prepared two draft Resolutions, which are attached, and CM Heidner
noted the only difference in wording was in Item B. on Page One which states from the
Phyllis Cokley agreed that the wording is confusing and needs to be more clarified
Otsego City Council Meeting of May 28, 1996, cont'd. Page 5.
CM Black would like all fees paid at the time the Developer's Contract is signed, stating
this would be cleaner and more simple if all money is collected up front and the public
would receive the benefit of earned interest. He does not support deferment of fees.
CM Heidner supported CM Black's suggestion. He also pointed out with development
there is impervious surface which could create a need for improvements to be done.
VM Fournier stated he could support deferment only if the City received interest.
CM Black motioned to direct Staff to prepare a Resolution for the City Council's
consideration requiring all payment of all fees due the City on Developments are
paid at the time of the execution of the Developer's Agreement. Seconded by VM
Fournier.
(Discussion occurred between the motion being made and the actual vote)
Discussion: CM Heidner talked about the process of a development asking if all of it can
be approved and defer signing the Developer's Agreement for two or three years,
therefore deferring payment of fees. Mr. Koshak said no and developers contract should
be done at the time the final plat is approved. Elaine Beatty said all documents are
recorded at the time the developer's contract is signed. CM Black pointed out that from a
financial point of view, developers do not wait but want to develop as quickly as possible.
VM Fournier asked if the Council would want a stipulation in the Ordinance in the
Ordinance where the Council could override it.
CM Heidner feels the Council always has an option to review.
9.2. Consider ISTEA 1996 Trail acquisition
A map showing the proposed path and bike trail is attached.
The acquisition of John Lefebvre's land amounts to three (3) acres.
Mr. Koshak said this needs to be submitted by July 1, 1996.
VM Fournier said he received a phone call from John Lefebvre and he wants both
assessments forgiven for this land acquisition. VM Fournier felt the Council was only
willing to forgive the one assessment (South of 85th Street). The Council replied that is
correct.
CM Black motioned to authorize the City Attorney and City Engineer to draft
preliminary acquisition papers and purchase agreement along the lines as
represented to the Council from discussions with the landowner and to continue
along the lines originally discussed with the landowner that were presumably agreed
to. Seconded by CM Heidner. All in favor. Motion carried.
(Discussion occurred between the motion being made and the actual vote)
Discussion: CM Heidner clarified that what is being discussed is for the assessment for
the parcel on the South side of 85th Street and John Lefebvre wants the assessment for the
North side of 85th Street also forgiven. VM Fournier said that is correct.
CM Heidner clarified then the parties negotiating have no authority to negotiate for the
assessment on the parcel on the North side of 85th Street. The Council agreed that is
correct.
Larry Koshak said then to just reiterate the original proposal to him.
The Council said that is correct.
Otsego City Council Meeting of May 28, 1996, cont'd. Page 6.
CM Heidner stated to make sure the Title is free and clear and the City is not obligated to
turn this into a Park.
9.3. Consider approval of .rack -tilling quotes
Mr. Koshak referred to the attached quotes for crack -filling.
He recommended award of quote to Astech for $15,906 with permission to extend the
contract to include Country Ridge and other streets but not to exceed $22,000.
CM Heidner asked how many roads will be done for the $15,906. Mr. Koshak said about
80% of them and to keep in mind that Mississippi Shores will have a overlay done and the
MnRoad (70th Street) is not included.
CM Heidner supports this street maintenance and would like to see a policy set in place to
continue this.
CM Heidner motioned to award the quote to Astech Corporation for $15,906 and to
allow up to $22,000 for additional work. Seconded by CM Ackerman. All in favor.
Motion carried.
(Discussion occurred between the motion being made and the actual vote)
Discussion: CM Black asked if the City requires an escrow for sealcoating in the
Developer's Contract. Mr. Koshak replied not as of yet.
The Council and Staff discussed a preventative maintenance policy and it was suggested to
discuss this at budget time.
CM Black motioned for the Council to direct the Public Works Committee to
develop a Five (5) Year Capital Improvement Plan to be presented to the City
Council the first meeting in August. Seconded by CM Fournier. All in favor.
Motion carried.
(Discussion occurred between the motion being made and the actual vote)
Discussion: VM Fournier suggested for Phyllis Cokley to attend that meeting.
Mr. Koshak said he will be attending the STIP Meeting (TAC- Technical Advisory
Committee) for Region 7W on May 29, 1996 with the Council's approval. They will be
going over the 1997, 1998, 1999 funding for the ISTEA Program. 1999 was Otsego's
ODean project which didn't make it. With the STIP Program, Otsego needs to be
represented for funding.
Mr. Koshak also reported there is top soil available from developers. This soil would
enhance the Park and ball fields. One developer has set a price at $1 per yard. There is at
least 5,000 yards which would have to be hauled and spread by the City. He would have
to know within the next couple of weeks.
Elaine Beatty said she talked to Chris Bulow and he asked if he could deduct the money
from the Park Fees, but Merland Otto said those fees are already committed to MSA
Funds.
Otsego City Council Meeting of May 28, 1996, cont'd. Page 7.
The Council felt that if funds can be found they would have no objections.
AM Fournier directed Phyllis Cokley to research this since it is a finance issue.
10. Council Items:
Elaine Beatty reported the Municipal Board has ordered the four (4) communities to meet
at least three (3) times in the next 60 days. The first meeting is June 5, 7 PM at St.
Michael. A full council is not needed. Mayor Freske has recommended CM Fournier and
CM Heidner.
CM Black motioned to accept the Mayor's recommendation of appointing CM
Heidner and CM Fournier to attend these meetings. Seconded by CM Ackerman.
All in favor. Motion carried.
10.2. Any other Council Business.
None
10.3. City Clerk's Update,
Elaine Beatty reported she received compliments on the Civil Defense Siren which worked
very well during the recent storm.
She also noted the Planning Commission By -Laws which were amended in 1995, show the
month of January for election of officers. This was always the month of February and in
looking through the minutes finds no reference made to changing the month and believes it
was a typo and is going to change it to February.
The Council agreed with this.
10.4. Consider Claims List for Approval"
CM Heidner motioned to adopt the Claims List as presented. Seconded by CM
Ackerman. All in favor. Motion carried.
10.5. Adjourn by 10 PM.
CM Heidner motioned to adjourn. Seconded by CM Black. All in favor. Motion
carried.
Meeting adjourned at 8:25 PM.
Mayor Norman F. Freske
Attest: Elaine Beatty, City Clerk/Zoning Adm.
Recorded by: Judy Hudson, Deputy Clerk
City Seal