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10-14-96 CCCITY OF OTSEGO WRIGHT COUNTY, MINNESOTA CITY COUNCIL MEETING 6:30 PM COUNCIL CHAMBERS OTSEGO CITY HALL OCTOBER 14, 1996 1. Mayor will call meeting to order. Mayor Freske called the City Council Meeting to order at 6:30 PM ROLL CALL: Mayor Norman F. Freske; Councilmembers: Suzanne Ackerman, Ron Black, Larry Fournier and Vern Heidner Staff: Andrew MacArthur, City Attorney; Bob Kirmis, Assistant City Planner; Larry Koshak, City Engineer; Elaine Beatty, City Clerk/Zoning Administrator; Phyllis Cokley, Director of Business and Finance; Judy Hudson, Deputy Clerk; Jerry Olson, Building Official. 2. Consider Agenda1Z rp oval_ CM Fournier requested an addition under Item Q.3. - MN 1996 Community Conference. CM Black motioned to adopt the October 14, 1996 City Council Agenda as amended. Seconded by CM Heidner. All in favor. Motion carried. 3. Consider Minutes August 26, 1996 City Council Minutes. CM Heidner motioned to approve the minutes. Seconded by CM Fournier. All in favor. Motion carried. August 13, 1996 Feedlot Workshop, City Council. CM Fournier had one correction on Page 4, where he suggested to go according to lot size to add own tillable land. CM Black motioned to approve the minutes as amended. Seconded by CM Ackerman. All in favor. Motion carried. September 4, 1996 Feedlot Workshop,City Council, CM Heidner motioned to approve the minutes. Seconded by CM Ackerman. All in favor. Motion carried. September _5199. _ _ 6 City Council Minutes CM Heidner had one correction on Page 4 under the discussion of his motion regarding paving of a section of 62nd Street. He requested the removal of the last sentence which appears to be misplaced. CM Fournier motioned to approve the minutes as amended. Seconded by CM Black. All in favor. Motion carried. September 23, 1996 City Council Minutes CM Fournier noted on Page 4, he voted against the motion pertaining to referring the draft Feedlot Ordinance to the Planning Commission. CM Black motioned to adopt the minutes as amended. Seconded by CM Ackerman. All in favor. Motion carried. Otsego City Council Meeting of October 14, 1996, cont'd. Page 2. September 301996 Public Assessment Hearing - Mississippi Shore0sland View CM Black motioned to adopt the minutes. Seconded by CM Heidner. All in favor. Motion carried. October 3 1996 City Council Minutes CM Fournier motioned to adopt the minutes. Seconded by CM Black. All in favor. Motion carried. 4. Open Forum. Wally Odell urged the Council to accept his Letter of Resignation from the EDAAC. He also voiced his opinion regarding the Letter of October 2, 1996 written by City Attorney, Andrew MacArthur. He feels the City Attorney is distorting the facts. No Council Comments 5. Consent Agenda: 5.1. Consider Engagement Letter from Abdo, Abdo and Eick for 1996 Audit. 5.2_ Consider Land Filling Permit for D & Y Family Limited Partnership- 5-3. artner 53. Consider Mayor's Portrait CM Black motioned to adopt the Consent Agenda. Seconded by CM Fournier. All in favor. Motion carried. 6_ Bob Kirmis, Assistant City Planner 6.1. onsider Side Yard Setback Amendment to Zoning Ordinance. Mr. Kirmis presented and explained the reason for this amendment. CM Fournier motioned to accept the Planning Commission's recommendation to change the setback in the R3 Zoning from 15 feet to 10 feet. Seconded by CM Black. All in favor. Motion carried. 6.2. Consider Roger and Darlene Marc, 15683 NE 70th Street, PID 118-500-341201: A. A CUP to allow a oneep r fort} split of Agricultural land larger than 2.5 Acres, Mr. Kirmis went over the NAC Planning Report. CM Black motioned for the allowance of a CUP to allow the establishment of a residential lot greater than 2.5 acres in size within an A-1, Agricultural Rural Zoning District, subject to the nine conditions set forth in the Findings of Facts as recommended by the Planning Commission. Seconded by CM Heidner. All in favor. Motion carried. Otsego City Council Meeting of October 14, 1996, cont'd. Page 3. 6.3. Consider Roger Ensminger. 9055 Ohland Ave NE Owner Mar; Dare, MRD Commercial Park: A_ Rezone A-1 Agricultural to B-3 General Business District - B. Subdivision of Outlot A, MRD Commercial Park 2nd Addition_ C. CUP to allow Minor Auto Repair in the District_ The Council noted the applicant's request for continuation. CM Black motioned to continue this application to the October 28, 1996 City Council Meeting. Seconded by CM Fournier. All in favor. Motion carried. 6.4_ Consider Lin -Bar Development, Inc., 5475 Parnell Ave NE. Rogers PID 118-500-284300: A. Rezone A-2 Agricultural, Long Range Urban Service Area to PUD Planned Unit Development (Concept Plan) Mr. Kirmis went through the NAC Planning Report. There was Council discussion. CM Fournier motioned to approve re -zoning of the subject property from A-2 Agricultural (Long Range Urban Service Area) to PUD (Planned Unit Development) subject to following conditions: A. Findings are made that proposed development is consistent with the City's Sanitary Sewer Planning efforts B. Final Plat Approval of Proposed Single Family Residential Subdivision. Seconded by CM Black. After Council Discussion: CM Fournier withdrew Condition A. CM Black supported withdrawal of Condition A. CM Black motioned to amend the motion with a condition that this plat is investigated for a cluster type sanitary sewer system and if financially feasible to be implemented and for the applicant to provide the City with this information for review and consideration. Seconded by CM Fournier. Voting For the Amended Motion: Mayor Freske, CM Black, CM Fournier Voting Against the Amended Motion: CM Ackerman, CM Heidner Motion Failed for lack of four-fifths vote. CM Black motioned to amend the original motion to include a condition that a system similar the Hans-Haagan Development (located in the former Frankfort Township on 241) be investigated and implemented. Seconded by CM Fournier. All in favor. Motion carried. Vote on the Original Motion: All in favor. Motion carried. Otsego City Council Meeting of October 14, 1996, cont'd. Page 4. CM Black motioned for the Concept Plan be continued for one month or on the October 28, 1996 City Council Meeting. Seconded by Mayor Freske. All in favor. Motion carried. A. Discussion of Zoning Ordinance Amendments Re: Administrative Approval - of items Mr. Kirmis went over NAC Report. CM Black motioned to refer the List of Zoning Ordinance Amendments regarding Administrative Approvals, including Building Relocation, to the Planning Commission for review and discussion and to send their conclusions to the City Council. Seconded by CM Fournier. All in favor. Motion carried. B. Discussion of John and Cheryl Adams Doe Kennel CUP CM Black motioned to defer this Discussion of John and Cheryl Adams Dog Kennel CUP to the October 28, 1996 City Council Meeting. Seconded by CM Fournier. All in favor. Motion carried. C. Discussion of 11-13-96 Information Meeting CM Black went over his October 8, 1996 Memo to the Council and Staff. The Council agreed they need answers to several questions in order to be prepared for the Public Information Meeting. CM Black motioned that the City Clerk is the staff member assigned the responsibility to provide leadership necessary to pull the framework together for the Sewer and Water Information Meeting. Seconded by Mayor Freske. All in favor. Motion carried. CM Fournier motioned to cancel the November 13, 1996 Public Information Meeting. Seconded by CM Ackerman. All in favor. Motion carried. CM Black motioned for Staff to develop a Plan for City Council reviewal for the framework for Public Information Meeting that they can implement. Seconded by Mayor Freske. All in favor. Motion carried. (Discussion occurred between the motion being made and the actual vote) Discussion: A sub -committee of CM Fournier and CM Ackerman, who volunteered, was formed for this planning. D_ Discussion of Comp. Plan Interviews Mr. Kirmis talked about the interviews as outlined in the NAC Memos of October 8 and October 9, 1996. Judy Hudson will be charge of the sign-up sheets for the interviews. Otsego City Council Meeting of October 14, 1996, cont'd. Page 5. Mr. Kirmis asked the Council for direction on using color graphics for the Comp. Plan. The Council will review. 7_ Andy MacArthur, City Attorney 7.1. Consider }posed Amendment to Animal Feedlot Regulations and Comprehensive Plan Amendment Staff and Council discussed the proposed amendment to the Feedlot Regulations and Comp. Plan Amendment. The Council consensus was to allow for expansion of Animal Units to double from current size and allow for expansion of existing buildings with CUP. CM Fournier motioned to put on the October 28, 1996 City Council Agenda to consider the proposed amendment to the Animal Feedlot Regulations and Comprehensive Plan Amendment. Seconded by CM Ackerman. All in favor. Motion carried. 7.2. Hearing for Vacation of a portion of Odean Ave NE Mayor Freske opened the Public Hearing. Elaine Beatty stated the proper publishing, posting and mailing was done. Mr. MacArthur and Mr. Koshak reviewed with the Council the portion of Odean Avenue to be vacated. Robert Cullinan, resident, asked if the County part of the road will be vacated. Mr. Koshak replied the County will also hold a Public Hearing. CM Fournier motioned to closed the Public Hearing. Seconded by CM Ackerman. All in favor. Motion carried. CM Heidner motioned to accept Resolutions No. 96 - 24, for the vacation of a portion of Odean Avenue. Seconded by CM Black. All in favor. Motion carried. 7.3. Consider Resolution of Speed Study in Island View Estates Mr. MacArthur and Mr. Koshak presented their reports. CM Heidner motioned to adopt Resolution 96- 27 requesting the Commissioner of Transportation to Authorize an engineering and traffic investigation for streets within Island View Estates, Island View Estates Second Addition and Arrowhead Estates and Kadler Avenue, pursuant to Minnesota Statutes 169.14, Subdivision 5. Seconded by CM Ackerman. All in favor. Motion carried. 7.4. Any other Legal Items. (Also see 6A.C. above) Mr. MacArthur went over a recent addressing issue with the 911 system. The Council directed to have this placed on the next City Council Agenda with a map and recommendation. Otsego City Council Meeting of October 14, 1996, cont'd. Page 6. 8.1. Special Assessments ( set amounts) a. Mississippi Shores Additions (,Project 95-1) CM Black motioned to adopt Resolution No. 96 - 26 adopting assessment for Mississippi Shores 1st, 2nd, 3rd, 4th, 5th, 6th and 7th Additions Overlay Project for Bituminous surfacing, Otsego Public Improvement Project No. 95-1 at $650.00 at 7.5% starting 30 days after the date of adoption. Seconded by CM Fournier. All in favor. Motion carried. b. Island View Estates Additions - Arrowhead Estates .(Project 95-2) There was Council discussion regarding if the Greninger property should be included in the assessment. CM Fournier motioned to remove the Greninger property from the assessment roll and block off this property from the cul-de-sac. Seconded by CM Ackerman. Voting For the Motion: CM Ackerman, CM Fournier Voting Against the Motion: CM Black, Mayor Freske Abstained: CM Heidner Motion failed CM Black motioned to adopt Resolution No. 96 - 25 adopting assessment for Island View Estates Additions Otsego Public Improvement Project No 95-1 at $4,907 at 7.5% interest starting 30 days after date of adoption. Seconded by Mayor Freske. All in favor. Motion carried. 8.2. Consider aj)12 roval of change order #1 for Public Improvement Project 95-2 Island View Estates. CM Fournier motioned to approve the Change Order #1 for Public Improvement Project 95-2 Island View Estates. Seconded by CM Black. Motion carried. 8.3. Consider approval of final payment for 1996 Crack Sealing, Project CM Black motioned to approve the Final Payment of the 1996 Crack Sealing Project of $27,894.90. Seconded by CM Heidner. All in favor. Motion carried. 8.4. Any other Engineering Business (See 6A.C. Above) Mr. Koshak discussed with the Council the placing of top soil and finishing the shouldering work in the Mississippi Shores Project. Top soil was located at $1.00 a yard. Dave Chase, Maintenance, indicated to Mr. Koshak he does not have the time and equipment to finish the project this year. Otsego City Council Meeting of October 14, 1996, cont'd. Page 7. The contractor, who did the overlay, submitted a quote to complete. Mr. Koshak went over the quote with the Council. It was the consensus of the Council to wait until Spring of 1997 to complete the project. Mr. Koshak distributed the State Aid Book to be used at the October 21, 1996 Workshop. Mayor Freske announced there will be Otsego Creek Authority Meeting October 15, 1995 at 7:30 PM at Otsego. A_.lk River Fire Service CM Fournier motioned to set the 1997 Elk River Fire Service at $40.00 per parcel. Seconded by CM Black. All in favor. Motion carried. B_ Monticello Fire Service CM Black motioned to set the 1997 Monticello Fire Service at $35.00 per parcel. Seconded by CM Heidner. All in favor. Motion carried. C. Albertville Fire Service Since costs weren't received, the Council said to hold off until the next meeting. D. Rogers Fire Service CM Fournier motioned to set the 1997 Rogers Fire Service at $54.00 per parcel. Seconded by CM Black. All in favor. Motion carried. 9.2. Consider member resignation from EDAAC CM Heidner motioned to accept resignation of Wally Odell from the EDAAC. Seconded by CM Ackerman. All in favor. Motion carried. 9.3. Any other Council business A. Discussion of Rental of Pole Building - Ron Black CM Black said the fire trucks would be stored for over the Winter until the Fire Museum locates a new building. The Fire Museum is a non-profit organization. The consensus of the Council was to run this issue by the City Attorney and bring back to the October 28, 1996 Council Meeting. B. EDAAC report by CM Fournier The members of the EDAAC have expressed an interest and desire to attend an seminar. The Council supported this as long as there is money in the budget for it. 9.4. City Clerk's Update Elaine Beatty went over: Tom Thumb requested the City to enact an Ordinance requiring them to lock up their Cigarettes. Council direction: They are the ones to initiate this if they want it. Road Maintenance for Albertville and shared streets. Council direction: Phyllis Cokley is to do a cost analysis. Otsego City Council Meeting of October 14, 1996, cont'd. page 8. A reminder of the Wright County Public Hearing on October 15, 1996 at the Wright County Court House regarding Tipping Fees. MnDOT suggested the Grand Opening for 101 should be held next summer. 9.5. Consider Claims List for ADnroval CM Black motioned to accept the Claims List as presented. Seconded by CM Fournier. All in favor. Motion carried. 9.6. Adjourn by 10 PM, CM Fournier motioned to adjourn. Seconded by CM Ackerman. All in favor. Motion carried. Meeting adjourned at 10:16 PM. 1'..' 0ai V-1. Mayor Norman F. Freske Attest: Elaine Beatty, City Clerk/Zonin dministrator Recorded by: Judy Hudson, Deputy Clerk City Seal cc101496.wps