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01-26-98 CCCITY OF OTSEGO WRIGHT COUNTY, MINNESOTA CITY COUNCIL MEETING 6:30 PM COUNCIL CHAMBERS OTSEGO CITY HALL JANUARY 26, 1998 1 Mayor Larry Fournier will call meeting to order: Mayor Fournier called the January 26, 1998 City Council Meeting to order at 6:30 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 arrived at 7:40 PM. Staff: Bob Kirmis, Assistant Planner; John Harwood, City Engineer; Andrew MacArthur, City Attorney; Elaine Beatty, City Clerk/Zoning Administrator; Judy Hudson, Deputy Clerk. Absent: Mike Robertson, City Administrator. I Consider agenda approval. Mayor Fournier requested the following additions: Item 9.2.1. Extension of expired board and commission terms. Item 5.1. Removal of Item 5.1. from Consent Agenda and place under Item 6.2. Item 9.2.1. Changing the start time for the Feb. 9, 1998 City Council Meeting. Item 5.2.2. Letters from employee, Brad Kelash. CM Wendel requested an addition under Item 7.6. Discussion of commission members, if paid, are they considered employees. CM Wendel motioned to adopt the January 26, 1998 City Council Agenda as amended. Seconded by CM Heidner. All in favor. Motion carried. 3. Consider Minutes: a January 12, 1998 City Council Meeting, CM Heidner motioned adoption of the January 12, 1998 City Council Minutes. Seconded by CM Wendel. All in favor. Motion carried. h_ January 7, 1998 Budget Meeting. Mayor Fournier motioned adoption of the January 7, 1998 Budget Minutes. Seconded by CM Wendel. All in favor. Motion carried. City Council Meeting of January 26, 1998, cont'd. Page 2. 4. Onen Forum: r Special Pre' entat-ions: 4 1 Teff Bartheld - Chair Park and Recs_ Re: Friends of Otsego Park Mr. Bartheld went over the attached Outline regarding the Friends of Otsego Parks Project. This Outline was a result of a brainstorm session the Parks and Recs. Commission held this past December. Jeff explained the Friends of Otsego Park works as either a separate non-profit group or as a part of the Otsego Park and Rec. Jeff also pointed out this project takes years to develop. He asked for Council direction. After Council discussion, it was their general consensus for the Park and Rec.Commission to go ahead and pursue this project slowly. They are to keep the Council informed and, as suggested by Mr. MacArthur, to contact the City of Robinsdale for further information in what they have accomplished with this project. Jeff Bartheld also reported he contacted Tom Baillargeon to see if he would be interested in selling his tractor to the City. Jeff suggested Mayor Fournier appoint someone to negotiate on a price. Mayor Fournier directed Mike Robertson, City Administrator, to contact Mr. Baillargeon. Jeff informed the Council that the Park and Rec. Commission at their January 14, 1998 Meeting, voted to abandon the move of Old City Hall Project. Park and Rec. will be meeting with the Heritage Commission on February 18, 1998, 7 PM. to discuss the unused funds designated for this project. Park and Rec. have started looking at different designs for a Park Shelter. The Winter Fest was a huge success with a good turnout. Jeff brought up Item 9. La. Donated Skates. Park and Rec. would ask for used skates donations to be used at the warming house. A small donation would be asked for to go towards the maintenance of skates. Park and Rec. would also like signs (Item 9. Lb.) identifying Otsego Prairie Park. (Council addressed these last two items under 7.6.1. and 9.1.b.) 4.2. Scott Dahlke, Meyer Rohlin and Pilot Land Development Don Jensen - Discussion regarding closing/vacation of Kadler Ave NE south of I-94 Also attending regarding this item was Pete Carlson, City Engineer for Albertville. Mr. Dahlke referred to his memo of January 9, 1998 with attached plans for Cedar Creek Golf Course and Center Oaks PUD. The memo addresses the closure plan of Kadler Avenue, a shared street with the City of Albertville. Mr. Dahlke requested that the Council to make a motion approving the Kadler Avenue Closure Plan as submitted by his letter for closure proposed for February 16th. Mr. MacArthur explained Otsego does not have a Road Closure Process. He advised the Council if they look at a closure there should be an agreement with the developer to pay all fees associated with the closure. The Council discussed impacts to residents living on Kadler. City Council Meeting of January 26, 1998, cont'd. Page 3. The Mayor and Council agreed that no action can be taken until a formal request is received. Mayor Fournier directed Mike Robertson to review this and bring a recommendation back to the City Council along with a determination of costs. 4.3. Any Open Forum_ No one else appeared on Open Forum. 5_ Consent Agenda. Item 5.1. was removed from the Consent Agenda. 5.2. Approve Pay equity Report to be mailed to State of Minnesota_ CM Heidner motioned to adopt the amended Consent Agenda. Seconded by Mayor Fournier. All in favor. Motion carried. b. Rezone the pronely from A-1 (Gen. Ag to R-4 Residential Bob Kirmis reported the attached letter was received this date from Mike Emberton requesting withdrawal of his application. Mr. MacArthur stated no action is needed since Mr. Emberton has withdrawn his application. Mr. Kirmis explained Mr. Kincanon's Golf Course was approved in September, 1996. According to the Zoning Ordinance, the applicant has one year to meet the conditions of the CUP otherwise it is null and void. A 60 Day Extension can be applied for, if applied for 30 days prior to the date of expiration. With this CUP, this date wasn't met and therefore, the CUP is null and void. Mr. Kincannon would need to reapply for a CUP. Bob stated he has discussed this with the City Attorney. City Council Meeting of January 26, 1998, cont'd. Page 4. Mr. MacArthur confirmed this CUP has ceased. He discussed this with Richard Kincannon this date and explained this to him. Mr. Kincannon raised the issue of other developers not completing projects in one year. The Council discussed the Administrative 60 Day Extension. Bob explained if the Council wants this changed, an amendment to the Zoning Ordinance would be needed. CM Ackerman arrived at this point. CM Heidner motioned for the Planning Commission to review Zoning Ordinance 20-4-6: to allow staff the 60 days extension approval for a CUP with same criteria presently followed. If extension is requested for a longer period, up to one year, it would need Council approval. Seconded by CM Wendel. Voting For the Motion: Mayor Fournier, CM Heidner, CM Wendel Voting Against the Motion: CM Berning Abstained: CM Ackerman Motion carried. (Discussion occurred between the motion being made and the actual vote). Discussion: CM Berning questioned the need for this due to the fact the developer could request a longer period in the original CUP. CM Heidner agreed but there are circumstances which this would be needed and this gives them that option. CM Berning also noted he feels uncomfortable with a unfinished development as being unsafe for children and when a project is approved it should get done and not dragged out. CM Ackerman agreed with CM Berning with this golf course and the pit being unsafe for children. CM Wendel supports the motion and sees a need to give the developer a chance to get his project completed. There was none. I Andrew MacArthur, City Attorney* 7.1. Discussion of contract for service with City of Dayton. Mr. MacArthur referred to the attached Resolution received from Dayton. This was reviewed. He asked for Council direction if staff should start negotiating a contract with Dayton. Mayor Fournier suggested a workshop with Dayton before spending money on a contract. CM Heidner questioned Item C. in the Resolution. CM Berning questioned Item A. giving a number and not a percentage with concerns of project could go over budget. Also, if residents and landowners want water and sewer, they have been told all they need to do is petition the Council. He feels, from past votes, the Council doesn't want an agricultural area. Therefore, CM Berning doesn't have a problem with a large capacity pipe and the pipe, he feels, should go the length of the City. City Council Meeting of January 26, 1998, cont'd. Page 5. CM Heidner questioned him if he feels the plant should be bigger and CM Berning replied yes. CM Wendel motioned to set a workshop with the City of Dayton on Thursday, February 5, 1998, 7 PM with alternate of Tuesday, February 10, 1998, 7 PM. Seconded by CM Heidner. All in favor. Motion carried. Mayor Fournier directed the City Clerk to write/fax a letter to Dayton, along with a phone call informing them of this workshop. CM Heidner requested the Agenda to include; discussion of pipe to plant, capacity and schedule of use. 7.2. Discussion of 62nd St_ NE dedication as public roadway. Mr. MacArthur went over his letter of January 21, 1998_He wants to see this issue resolved and requested direction from the Council to proceed obtaining dedication from the land owners. Mr. MacArthur explained since this will be a half street, no building permits will be allowed. The Council discussed charging the residents on 62nd Street the fees the City has spent on this issue. Mayor Fournier motioned for the City Council to accept the proposal (petitioners donating each 16.5 feet of land and Developer Tony Emmerich dedication of the southerly one rod of the proposed half street as well as cul-de-sac turnaround in exchange for his use of the City topography in areas presently under contract) to dedicate 62nd Street as a half street and direct the City Attorney to proceed with producing the proper documents needed for the City to formally accept 62nd Street as a City Street. All costs are to be paid by the petitioners. Completion to be done by March 9, 1998. Seconded by CM Heidner. All in favor. Motion carried. 7.3. Discussion of appr i sal information for wastewater treatment site Mr. MacArthur informed everyone the appraisal should be done by the next meeting or earlier. He recommended that the Council give authorization to start land negotiations. CM Heidner motioned for the City Administrator and City Attorney to begin negotiations with the land owner based on the appraised value. Seconded by Mayor Fournier. All in favor. Motion carried. Mayor Fournier directed that they bring their information back to the Sewer sub- committee. 7.4. Discussion of extension of moratorium. Mr. MacArthur stated the current moratorium will expired the end of February. He asked for approval from the Council to bring a proposed Resolution and Interim Ordinance for extension of the moratorium to the Council for consideration. The moratorium can be extended 18 months. Extending the moratorium will give the City time to complete the Comprehensive Plan. CM Berning noted with a moratorium, plats won't be processed nor ready to hook up to sewer and water for many months. Mayor Fournier agreed this needs to be looked at. City Council Meeting of January 26, 1998, cont'd. Page 6. CM Berning also noted developers need to know a final hookup cost. John Harwood said the costs previously presented are the numbers to be used. There will also be a funding analysis done between now and this Fall by the Financial Advisor and City Administrator. CM Heidner and CM Berning were concerned if there are overruns. John Harwood explained this is part of the spread sheet the Financial Advisor prepared. Staff will check into if conceptual plans can be reviewed during the moratorium. CM Ackerman motioned to direct the City Attorney to prepare a Resolution and Interim Ordinance to extend present moratorium and address issues for review of preliminary plats. Seconded by CM Berning. CM Berning withdrew his second. Seconded by CM Wendel. Mr. MacArthur explained the motion is directing him to come back with a Resolution and Interim Ordinance for Council consideration of extending the existing moratorium. Also, directing him to address the possibility of reviewing preliminary plats or conceptual plans during the moratorium. CM Berning stated this would appear as a conflict of having a moratorium but still reviewing plats. CM Ackerman said the intent of her motion is for the City Attorney to bring back to the Council a Resolution to extend the moratorium for 18 months. CM Wendel stated she than withdraws her second. CM Berning seconded. CM Wendel feels the City Attorney is just exploring the possibility of being able to review preliminary plats during the moratorium. All in favor. Motion carried. Staff will research on the ability of reviewing development plans during the moratorium and bring back to the Council. 7.6. Any other Legal Business. 7.6.1. Are volunteers considered employees if paid the $10, monthly meeting fee. It was noted Mike Robertson, City Administrator, is researching this through the Minnesota League of Cities. 9.1.a_ Donated skates for rental at skatingrink- CMHeidner addressed this issue to Andy MacArthur. He questioned if there is a charge for using the skates, would the City have a liability risk. Andy agreed the City would have a risk and discussed having a waiver signed. CM Heidner recommended CM Beming inform the Park and Recs. Commission not to pursue renting skates because of the liability issues. The Council agreed. City Council Meeting of January 26, 1998, cont'd. Page 7. 8_ John Harwood, City Engineer- 8.1.Consider adoption of Otsego Roadway Management Plan, Mr. Harwood reviewed the attached January 21, 1998 recommendation for the City Council accepting the Roadway Management Plan. After Council discussion: CM Heidner motioned to adopt the Roadway Management Plan for the City Public Work Committee to use in developing the annual Public Works Budget for Roadway Maintenance. Also for the City to collect data on costs for properly maintained City roads for data to equalize expenditures for gravel versus bituminous road maintenance. Seconded by CM Wendel. All in favor. Motion carried. 9-2. Review of policies for assessingover— Mr. Harwood explained data will be developed through city staff record keeping. 8.3. Discussion of capacity of the wastewater treatment plant - Ted Field Mr. Harwood reviewed his attached January 21, 1998 Memorandum discussing the capacity of the wastewater treatment plant, along with connection charges and potential initial developments. CM Heidner noted on the map, for area G. This should reflect residential. Ted Field, Bonestroo, referred to his January 19, 1998 Memorandum on capacity which outlined his concerns to the Council since Dayton has now stated its intention to seek approximately 40,000 gpd. Mr. Field's recommendation, at this point, is to design for the 200,000 gpd. The Council discussed delaying capacity decision until they meet with Dayton, but through discussion they realized working out contract details, etc. would take several weeks and the delay would be detrimental to the current schedule. Mayor directed that Council wants it to remain at 200,000 gpds. There was discussion on future discharge standards to the Crow River, which according to Mr. Fields will probably be more stringent. 8.4. Any other .i Engineering Business, CM Berning questioned why the culvert replaced on MacIver Avenue is being delayed. Mr. Harwood explained it is too late and because of the frost it will be delayed until Fall of 1998 (note memo stated 1999 which is incorrect). 9. Council Items: 9.1. Park and Recs CM Berning( Discussion of the following): a Donated skates for rental at skating rink. Previously discussed. h Signs on #39 and 85th Street for Otsego Prairie Park Mayor Fournier referred this issue to the Public Works Committee. City Council Meeting of January 26, 1998, cont'd. Page 8. CM Berning also noted a memo he distributed on Community Rec. The memo shows the participation for Otsego since January 1, 1998. Community Rec. needs a updated address map to determine accuracy of Otsego registrants. CM Berning also said he requested Jeff Asfahl to look into what the costs are for equipment and maintenance of the fields in Otsego Prairie Park and also for the Otsego Elementary School. 9.2. Any other Council Business - 9.2 1 - usiness.9.2.1. Extensions of expired commissions members. CM Berning motioned to extend all expired commission member terms until Council has interviewed and made new appointments., Seconded by CM Heidner. All in favor. Motion carried., 9-2-2- Consider change of start time for February 9, 1998, City Council CM Heidner motioned to move the starting time from 6:30 PM to 7PM for the February 9, 1998, City Council Meeting. Seconded by CM Wendel. All in favor. Motion carried. 9.2.3. Letter from Public Works Employ, Brad Kelash. Mayor Fournier explained Brad handed in a resignation letter. Upon further thought he submitted another letter rescinding his resignation. 9.3_ Mike Robertson, City Administrator - i Nate, (Mike was not in attendance) 9.4_ Elaine Beatty, City Clerk - update. Elaine Beatty reported that Bob Kirmis, will be attending the DNR Meeting regarding the Mississippi River at Elk River. He will do a report on this meeting. Elaine also announced the City has received the mining fees from the VFW Mining Permit. The River Rider Bus was discussed. This service has started in Otsego and staff is waiting for the schedules. Mayor Fournier questioned the memo Elaine wrote on a BMX Racetrack. CM Berning explained he requested this information as a result of a discussion held at the Park and Recs. Meeting. 9.5. Consider Claims List for a rnn 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. CM Heidner went back to the Community Rec. Item request for address information. He would like to see this information given to Jeff Asfahl via mail. Mayor Fournier suggested City of residency should be on the registration form. CM Heidner questioned if the ownership issue of the Cemetery was ever resolved. Elaine Beatty said she would contact Bruce Rask. CM Ackerman stated she attended a good conference on feedlots last Saturday and will give information to the Council. City Council Meeting of January 26, 1998, cont'd. Page 9. CM Ackerman motioned to adjourn. Seconded by CM Berning. All in favor. Motion carried. Meeting adjourned at 9:50 PM. Mayor Larry Fournier Attest: Elaine Beatty, City Clerk/Zoning Adm. Recorded by: Judy Hudson, Deputy Clerk City Seal