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06-10-96 SCCCITY OF OTSEGO WRIGHT COUNTY, MINNESOTA CITY COUNCIL MEETING 6:30 PM COUNCIL CHAMBERS OTSEGO CITY HALL JUNE 24, 1996 1 _ Mayor Norman F. Freske will call meeting to order. Mayor Freske called the June 24, 1996 City Council Meeting to order at 6:30 PM. Roll Call: Mayor Norman F. Freske; Councilmembers: Ron Black, Larry Fournier, Vern Heidner. CM Ackerman arrived late. Staff: Larry Koshak, City Engineer; Elaine Beatty, City Clerk/Zoning Administrator; Judy Hudson, Deputy Clerk. 2_ Consider Agenda Approval CM Fournier suggested to move Item 6.2 to 9.1 for discussion. CM Fournier motioned approval of the June 24, 1996 Agenda as amended. Seconded by CM Heidner. All in favor. Motion carried. 3. Consider Minutes: 3.1. June 10, 1996 City Council Minutes, CM Black motioned to approve. Seconded by CM Fournier. All in favor. Motion carried. .Tune 10, 1996 City Council WorkshopMinutes CM Fournier motioned to approve. Seconded by CM Black. All in favor. Motion carried. .Tune 10,1996 City Council Closed Meeting CM Black motioned to approve. Seconded by CM Heidner. All in favor. Motion carried. June 6, 1996 City Council Workshop CM Heidner motioned to approve. Seconded by CM Black. Mayor Freske abstained since he did not attend this Workshop. Voting For the Motion: CM Black, CM Fournier, CM Heidner. Motion carried. June 17, 1996 City Council Closed Meeting CM Fournier motioned to approve. CM Heidner seconded. All in favor. Motion carried. .Tune 18, 1996 City Council Workshop CM Heidner motioned to approve. Seconded by CM Black. All in favor. Motion carried. 51=6774M.,11•0iii4 Otsego City Council Meeting of June 24, 1996, cont'd. Page 2. 5. Open Forum: Mark Berning. 11800 80th St: Mr. Berning thanked the Council for the work the Public Works did on 80th Street, filling the driveways with sand. He asked the Council to consider checking other driveways and shoulders in this area. Mr. Berning also reconsidered his previous request for animal control. After checking and finding out the expense associated with animal control he stated he will control his own dog problems. He asked the Council to consider putting in a compost for dead animals the City picks up on the streets. 6. Consent Agenda 6.1. Thomas and Cheryl Vass .ur - Consider extension of CUP approval for n an oversized garage L1, Bl, Vasseur's Oak Grove Estates. CM Black motioned to accept the Planning Commission recommendation of approval for the Thomas and Cheryl Vasseur CUP. Seconded by CM Fournier. All in favor. Motion carried. Item 6.2 was removed and added under Item 9.1. 6.2. Consider Resolution - Abating John Lefebvre Assessment :•� . u .�• MEN • [-M.'TereMOMITtIoTWOWNRI M 9_ Larry Koshak, CityEngineer 9.1. Update on ISTEA 1996 Project ,See 6.2_ ab-Qvel 6.2_ Consider Resolution - Abating John Lefebvre Assessment Mr. Koshak reported he is in negotiations with John and Kevin Lefebvre. Theoretically the City is suppose to have actual fee title to the property by July 1, 1996. The chance for this seems unlikely. This has been discussed with District 3 MSA Engineer and others who handles the District 3 ISTEA applications. Since the City is unable to meet the July 1 deadline, District 3 will accept a Number 2 ROW Acquisition Form. This is a State Form which states the City is in serious negotiations and will have 30 days to complete. The reason for the State Form is because the ISTEA Grant is under Federal guidelines, also the discussions regarding how payment for the land will be done brings into focus acquisition requirements by State and Federal Government and therefore will require an appraisal. If the land was donated, then this process wouldn't be followed. Mr. Koshak delivered a preliminary easement agreement to Mr. Lefebvre. This agreement would allow Mr. Lefebvre a 30 foot easement over the property. The agreement also include five conditions and Mr. Lefebvre did not accept all the conditions. Mr. Lefebvre wants to discuss the agreement with his attorney and will have an answer on June 25. He also requested for Councilmember Larry Fournier to contact him. Otsego City Council Meeting of June 24, 1996, cont'd. Page 3. Mr. Lefebvre wants a full 40 foot easement and he will give the trail easement and remainder two acres. Mr. Koshak doesn't see how this would work with a sliver of a parcel between the two. Mr. Lefebvre also wants a driveway cut down. CM Fournier asked when the appraisal would be completed. Mr. Koshak said the appraiser just went out there on June 24, 1996 but that the Finance Director has previously discussed this with the appraiser. CM Black stated he hasn't heard anything that should alter the City's position and that is how it should proceed. He also stated he would support eminent domain proceeding. Mr. Koshak stated there isn't enough time for that and if the deadline isn't met, the 1997 ISTEA is gone. He recommended to pass the Resolution the City Attorney proposed with the conditions that the negotiations for the land has been satisfactory met and meet the ISTEA 1997 goals for funding. CM Black motioned to accept and sign the Resolution 96-17, authorizing payment for certain property currently owned by the John Lefebvre Loving Trust contingent upon agreement for purchase, execution of acceptable easement agreement, and agreement to use funds to pay off assessments certified against property owned by the Trust and John E. Lefebvre. Seconded by CM Fournier. All in favor. Motion carried. (Discussion occurred between the motion being made and the actual vote) Discussion: CM Fournier asked if there were parts of this Resolution John Lefebvre objected to. Mr. Koshak said Mr. Lefebvre didn't see the Resolution because this is for Council Action and the discussion with the landowner is mainly around the easement agreement. CM Heidner approved of the Resolution but stated he was not happy and not interest in doing all the other work Mr. Lefebvre is asking for. This is a land/assessment exchange and that is it. CM Heidner also stated there is too much time and money being spent with this. CM Fournier suggested to approve the Resolution and proceed with more negotiations based upon the original agreement. CM Heidner stated the Resolution doesn't allow to negotiate for all the extra work and make sure Mr. Lefebvre knows this. CM Black motioned to amend motion to include that eminent domain commences if satisfactory negations cannot be accomplished. Seconded by CM Fournier. All in favor. Motion carried. (Discussion occurred between the motion being made and the actual vote) Discussion: Mayor Freske asked if this amendment is added and after 30 days, does the City have to follow through on this. CM Black said no. CM Heidner stated he isn't very willing to do eminent domain, but if this falls through the residents should know who's fault it was. Mr. Koshak pointed out if this option fails, the assessments are still there and there would be no forgiveness. CM Ackerman arrived at 6:55 PM Otsego City Council Meeting of June 24, 1996, cont'd. Page 4. 9.2. Update on Island View and Mississippi Shores Projects, Larry Koshak gave updates on the these two projects as outlined in his attached report Mr. Koshak discussed with the Council this situation as outlined in his attached report. Mr. Moore had the property split into two parcels and both parcels appear to be buildable. One lot needs to access CSAH 39. Staffs opinion that placing two residential dwellings on these parcels with one having an access to CSAH 39 is not desirable. Also needed is to acquire easements for ponding and conveyance of the stormwater. This property would be subject to the impact fees. Staff needs to know if they have direction to recommend solutions to the issue presented or should they wait until such time when the development upstream is completed. CM Fournier asked if Mr. Moore has requested anything at this time. Mr. Koshak replied that no formal proposal has been received but he has indicated he is interested in selling the property and has a builder involved. Elaine Beatty said she has told Mr. Moore to go to the County for a driveway permit so he knows if he can get one. CM Fournier asked how the holding pond would affect the property. Mr. Koshak said the City should acquire this out of the impact fees. Mayor Freske asked if this would impact the Vantatenhave project. Mr. Koshak reported it is fine right now, but will need to get a positive overflow to the Mississippi River. The Council agreed to wait until there is further development. 9.4_ Any other Engineering Business orupdates- Mr. dtl date Mr. Koshak discussed with the Council the ROW on 92nd Street (Range 24). The telephone company recently put in a replacement line and had a confrontation with the landowner who stated the line was on his property. Mr. Koshak said the center line of the road was laid out based on the original plat done by the Township in the 1980's. When the landowner brought out a recorded Certificate of Survey, a 8 to 10 foot difference was found with no ROW given. Mr. Koshak stated the landowners will have to give the permission to go in there and the City doesn't need to be involved. The Council agreed with this and also the City will replace the current culvert with the same size and location. Mr. Greninger pointed out there are two culverts with one being on top of the other one. The Council said the Public Works will check this out. Mayor Freske asked about the work MnDOT is doing on 62nd Street by 101. Mr. Koshak said it will be paved and then torn up. He noted he has not yet replied to MnDOT regarding this. Mayor Freske also asked if the Ed Dauphinais Mining Permit will cease when the 101 project is done. Elaine Beatty stated the selling will cease because the access will be removed. Otsego City Council Meeting of June 24, 1996, cont'd. Page 5. CM Fournier asked if the engineering services provided by the City for the 101 project are retrievable. Mr. Koshak did not think so. Mayor Freske asked Mr. Koshak to stay on top of the Kolles drainage issue at CSAH 37 and ODean Avenue. 10, Council Items: 10.1. Discussion of SK (Landfill) and if interested John Domke of SKB was in attendance. CM Fournier stated the potential income from this landfill would be appreciated and is tempting but he felt this would be a difficult project to be placed in Otsego with residents opposition. CM Black supported CM Fournier's comments. CM Heidner noted this request would require a rezoning with a 4/5 Council vote. It appears from Council comments that this project would not be supported. He further stated the money is inviting but supports CM Fournier and CM Black's comments that the general public would oppose this. CM Ackerman agreed with CM Heidner and felt there would be citizens opposition. Mayor Freske stated the consensus of the Council has been heard. Mr. Domke, SKB Vice President, commented he respects the opinion of the Council and they would want to be good neighbors and doesn't want to push the City on this. He thanked the Council for their time and wants to keep the door open. 102_ Consider 1996 Elk River Fire Service Contract_ CM Heidner motioned to adopt the 1996 Elk River Fire Service Contract. Seconded by CM Ackerman. All in favor. Motion carried. 10.3. Discussion of Funding for the Otsego/Albertville Consolidation Committee CM Heidner requested to hold off on this issue but to reimburse Jon Bogart for past mailing expenses. The Council agreed. 10.4. Any other o un .il business Mayor Freske said the Elk River/Rogers VFW will be holding a soccer tournament on their property and have requested dust control for Quaday Avenue. The Elk River Fire Department have offered to use their water tanks but this is a three day event and they could use some chloride on Quaday. This was discussed at the Public Works Meeting. CM Heidner expressed concern with a private group spraying City Streets and felt this wasn't an option. He felt the VFW should bear the responsibility of the costs. CM Black stated the VFW should coordinate dust control with Dave Chase of the City's Street Department. If he accepts responsibility of overseeing the Elk River water trucks and dust control is done under his supervision, the VFW can pick up the costs of supervision. Water would be cheaper than chloride and if Dave Chase is comfortable with Otsego City Council Meeting of June 24, 1996, cont'd. Page 6. Elk River doing this he may not need to be there all the time. If tankers can come from Elk River we should cooperate. The Council agreed with this. Mayor Freske noted he received a letter from the American Cancer Society of Wright County. They are organizing a Relay For Life at the St. Michael High School on July 6, 1996 and asked for a representative from the City of Otsego to attend. 10.5_ City Clerk's Update Elaine Beatty, City Clerk, updated the Council on the following: City Hall Well: Talked to Kenny McAlpine regarding an extension line going to the Park. He will send a proposal. Municipal Elections: Filing dates: August 27 through September 10. 10.6. Consider Claims List for Approval CM Heidner motioned to accept the Claims List as presented. Seconded by CM Fournier. All in favor. Motion carried. State Representative, Bruce Anderson, was in attendance and very briefly informed the Council that Juvenile Crime is a high priority and he will be visiting a Correction Center in Indiana. CM Black motioned to close the City Council Meeting for purposed of discussing litigation with legal counsel. Seconded by CM Ackerman. All in favor. Motion carried. Meeting closed at 7:58 PM. Meeting reopened at 9:20 PM. CM Black motioned to adjourn the meeting. Seconded by CM Heidner. All in favor. Motion carried. Meeting adjourned at 9:20 PM. Mayor Norman F. Freske Attest: Elaine Beatty, City Clerk/Zoning Administrator Recorded by: Judy Hudson, Deputy Clerk City Seal