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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