02-09-98 CCCITY OF OTSEGO
WRIGHT COUNTY, MINNESOTA
CITY COUNCIL MEETING
7 P
COUNCIL CHAMBERS
OTSEGO CITY HALL
FEBRUARY 9, 1998
1 _ Mayor .a Fournier call the m ..ting o ord
Mayor Fournier called the meeting to order at 7 PM.
a. Pledge of Allegiance
Mayor Fournier led in the Pledge of Allegiance.
Mayor Larry Fournier; Councilmembers: Virginia Wendel, Vern Heidner, Mark Berning,
Suzanne Ackerman.
Staff: Andrew MacArthur, City Attorney; John Harwood, City Engineer; Mike
Robertson, City Administrator; Elaine Beatty, City Clerk/Zoning Administrator; Judy
Hudson, Deputy Clerk.
2. Consider agenda approval.
oval.
CM Heidner requested to remove Item 5.1. from the Consent Agenda and place under
Engineering Item 8.3.1.
Mayor Fournier requested to remove Item 5.3. from the Consent Agenda and place under
Item 6.1., and to remove Item 9.3.b. from the City Council Agenda and place on the EDA
Meeting Agenda which immediately follows this meeting.
CM Heidner motioned to adopt the February 9, 1998 City Council Agenda as
amended. Seconded by CM Ackerman. All in favor. Motion carried.
3. Consider Minutes:
a_ January 26, 1998 City Council Meeting.
Mayor Fournier motioned to adopt the January 26, 1998 City Council Meeting
Minutes. Seconded by CM Wendel. All in favor. Motion carried.
4. Open Forum:
Wenda Duerr, 22400 Oakdale Drive, Rogers, attending as the legal representative for her
mother, Elsie Lehn. She spoke against the City taking land from her mother for the sewer
plant location. Ms. Duerr feels the surrounding land is more valuable to the City as future
development, rather than being preserved as agricultural land. She said the City's offer was
too low and was unacceptable. She requested a complete and entire copy of the appraisal
at the earliest possible date. Ms. Duerr also requested the City to reconsider the location
to one with less impact to future development.
Terry Wood, 8841 Obrain Avenue NE. He questioned the progress of Mike Luconic's
permission to locate a ditch on Lu Luconic's land to ease the flooding problems for the
Wood's neighborhood. Mayor Fournier stated that the City has not received any
application asking for permission.
City Council Meeting of February 9, 1998, cont'd. Page 2.
5. Consent Agenda_
5.2. Annrove Monday, April,7 PM - Board of Review.
5.4. Annrove Brad Kelash. Public Works Employee resi aion.
CM Berning motioned to adopt the Consent Agenda as amended. Seconded by CM
Wendel. All in favor. Motion carried.
Bob Kirmis, Assistant City Planne
Mr. Kirmis was not in attendance.
Mayor Fournier suggested changing the starting time of this workshop.
CM Berning motioned to leave the start time at 8 PM and set workshop for
February 18, 1998 for the Planning Commission and City Council to review the
Comp. Plan - Policy Plan. Seconded by CM Wendel.
Voting For the Motion: CM Ackerman, CM Berning, CM Heidner, CM Wendel.
Voting Against the Motion: Mayor Fournier
Motion carried four (4) to one (1).
7. Andrew MacArthur, City Attorney,
7-1. Consider authorizing eminent domain for ac4uisition of wastewater
treatment site_
Mr. MacArthur reviewed the attached February 4, 1998 letter and outlined the process for
condemnation.
He recommended the Council adopt the attached Resolution in order to proceed with this
process. Administrator Robertson stated he agreed with the City Attorney's
recommendation.
Mayor Fournier stated the reason he supports the eminent domain process is to keep this
project on schedule and for the land owner to receive any potential tax benefit from a
condemnation. He recommended the City Council authorize eminent domain and that the
City enter into negotiations to acquire the property from the Lehn family.
Ed Dauphinais, 16099 72nd Street, asked if the City's quick take of the Lehn's property is
following the State guidelines. He asked how much time this process would take since he
just went through something similar with the State and has gone on for a very long time.
Mr. MacArthur responded yes the City is following the State Guidelines and explained the
process and this can be done fairly fast.
CM Heidner motioned to adopt Resolution 98-4 authorizing commencement of
eminent domain proceedings. Seconded by CM Ackerman.
Voting For the Motion: CM Heidner, CM Ackerman, CM Wendel, Mayor
Fournier.
Voting Against the Motion: CM Berning
Motion carried four (4) to one (1).
12, Consider Interim Ordinance extending Moratorium on Residential
Subdivision.
City Council Meeting of February 9, 1998, contd. Page 3.
Mr. MacArthur distributed a slightly revised moratorium and he reviewed the changes
with the Council.
Mr. MacArthur recommended the Council approve the Interim Ordinance extending the
moratorium for eighteen months. He pointed out the Ordinance could be ended any time.
Mayor Fournier asked if the City would be able to review concept plans during the
moratorium. He feels this would be a benefit to the City as it will need the hookups to pay
for the plant.
Mr. MacArthur advised the Council not to review preliminary plats during the
moratorium.
He suggested if the Council decides on a Land Bank System, then the developers would
be able to indicate to the City what they are proposing.
CM Heidner stated he feels the key to this issue is for the Comprehensive Plan to be
completed, and if completed in six months there shouldn't be a problem.
CM Berning expressed when he wanted to work on the Comprehensive Plan, no one else
wanted to and now, he feels, the City is behind the 8 Ball. He feels if the developers can't
get started this year they will have a rough time to get everything done next year.
CM Heidner said the reason the Comprehensive Plan wasn't done last year was because
the decision on the wastewater treatment plant and capacity and area served hadn't been
decided and he feels that decision had to be made first.
CM Heidner motioned to adopt the amended Ordinance No. 98-1, an Interim
Ordinance extending previously established moratorium on residential subdivisions
within the City of Otsego. Seconded by CM Ackerman. All in favor. Motion
carried.
7.3. Any other Legal Business_
CM Berning asked Mr. MacArthur for his opinion on the Land Bank System or expansion
of sewer service area.
Mr. MacArthur stated he discussed this with Bob Kirmis and that the Land Bank System
process would be a notification to the City. The Council has to make a decision on this.
He feels the city staff can administrate it by setting up a procedure for reviewing concept
plans.
8. John HarwoodCity Engineer:
8.1 Review of Design Reports as follows:
l Odean Avenue NE.
2. Sanitary Collection System
3. Potable Water System,
8-2- Approval of Policy for Acquisition for Easement and Right of Ways.
Mayor Fournier suggested a workshop and John Harwood agreed.
Mayor Fournier motioned to discuss Engineering Items 8.1.1.2.3. and 8.2. at a City
Council workshop on February 19, 1998 at 4 PM. Seconded by CM Wendel. All in
favor. Motion carried.
City Council Meeting of February 9, 1998, cont'd. Page 4.
CM Heidner requested a copy of the 85th Street Project be available at this workshop and
also a representative from the Parks and Rec. Commission should attend regarding the
bike paths.
8.3. Any other Engineering Business.
CM Berning referred to the February 3, 1998 MPCA letter (attached) explaining the new
sewage plants and expansions on the Crow River will be governed by higher standards
and therefore create higher costs. He questioned what will be the impact to Otsego's plant
for future expansions. CM Berning also went on to say that although he has always
supported Dayton's participation in the sewer plant he questioned how this could affect
decisions because it will cost Otsego more for expansion and Otsego would sell to Dayton
now for current capacity price.
Mr. Harwood replied regulations will always get more complex. He said Ted Field had
indicated to him that the current treatment plant will have no problem meeting restrictions.
Mike Robertson stated Dayton could be sold capacity but not at a fixed rate.
CM Berning asked if the number of discharges near Otsego affect the flow.
John replied it is low flow (winter time flow) etc., that the MPCA is concerned about and
that will be subject to future regulations which will be more stringent, and that no one will
be able to predict future restrictions.
CM Heidner noted the higher standards will also apply to the Mississippi River.
CM Berning, referring back to Dayton, he assumes they will pay an equal percent of what
they use.
John Harwood feels that Dayton will be treated the same as Otsego residents.
Mayor Fournier said all these issues will be in a contract agreement with Dayton.
CM Berning asked if there are more restrictive pollution standards, does it only affect the
construction of the plant or does it also affect the operation of the plant.
Mr. Harwood said it would also affect the operation of the plant.
5.1. Al2prove Policy on Stormwater Drainage Submittal Requirements far
Developers.
Mr. Harwood said this Policy was presented to the City Council previously but was never
acted upon.
CM Berning thought the reason was for the City to get another engineer's opinion.
CM Heidner motioned to adopt the Policy on Stormwater Drainage Submittal
Requirements for Developers but to review the impact of this Policy from the first
four (4) developers. Seconded by CM Wendel. All in favor. Motion carried.
9_ Council Items:
9.1. Set date for Council/Board and Commission Workshop_
CM Heidner motioned to table this item.
CM Heidner withdrew his motion.
City Council Meeting of February 9, 1998, cont'd. Page 5.
CM Heidner motioned to direct the City Administrator, Mike Robertson, to review
the necessity of having this workshop and to bring a recommendation back to the
Council. Seconded by Mayor Fournier. All in favor. Motion carried.
9.2. Any other Council Business.
a_ Consider Board and Commission Member ADpoin m n s_
CM Heidner motioned to appoint the following Board and Commission Member
Appointments:
Ing Roskaft Planning Commission 4 years
Eugene Goenner Planning Commission 4 years
Richard Nichols Planning Commission 4 years
Joy Swenson Heritage Commission 4 years
Joan Nichols Heritage Commission 4 years
Janet Bridgland Heritage Commission Alternate
Steve Ackerman EDAAC Term ending 12-31-99
(replacing Darlyn Kofoed's term)
Michael Day Parks and Rec. Term ending 12-31-98
(replacing Roche Martin)
Terry Kohler Parks and Rec. Alternate
(from full time member to alternate)
Seconded by CM Wendel. All in favor. Motion carried.
b_ Consider Economic Dev_ Partnership - Su o ing.
Membership dues
Mike Robertson recommended to the Council to join as a Honorary Membership. Mr.
Robertson also informed the Council that he plans on attending some of their meetings and
will offer an opinion of whether it is worth it for the City to be involved further.
Mayor Fournier motioned to apply for the Honorary Membership for Economic
Development Partnership of Wright County. Seconded by CM Heidner. All in
favor. Motion carried.
9.3. Mike Robertson. City Administrator - u dp ate.
a_ Update on Kadler Avenue NE Closing.
Mike informed the Council he received a letter from Pilot Land Developers asking for
approval of closing Kadler Avenue. He sent a letter to them stating no action will be
taken without a formal application and all requirements are satisfied.
b. EDAAC Memo
This item was moved to the EDA Agenda.
9.4. Elaine Beatty. City Clerk - update,
Elaine Beatty noted the MSA Money for maintenance was received and that the City also
received the Franchise Fees from Jones Intercable. She also discussed the bill for the
generator which was used after the July storm. The generator rental fees and engineering
fees were not recoverable from the insurance company.
The City Council directed Mrs. Beatty to try and recover these fees from FEMA.
City Council Meeting of February 9, 1998, cont'd. Page 6.
Elaine also stated the Albertville Jaycees will be sponsoring a snowmobile race at the Long
Haul Trucking site on February 20, 21 and 22nd, 1998.
9.5. Consider Claims List for ap rn oval.
CM Heidner motioned to adopt the Claims List as presented. Seconded by CM
Ackerman. All in favor. Motion carried.
9.6. Adjourn by 10 PM.
Mayor Fournier announced there will be a Special Council Meeting on February 20, 1998
at 4 PM with Mike Robertson to discuss reorganization.
CM Heidner motioned to adjourn. Seconded by CM Ackerman. All in favor.
Motion carried.
Me tind' med qt P5 PM.
Na�o L Four/Wer
ttest: Elaine Beatty, City Clerk/Z/6 'ng Adm.
Recorded by: Judy Hudson, Deputy Clerk
City Seal