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08-26-96 CCCITY OF OTSEGO WRIGHT COUNTY, MINNESOTA CITY COUNCIL MEETING 6:30 PM COUNCIL CHAMBERS OTSEGO CITY HALL AUGUST 26, 1996 1. Mayor will call meeting order. Mayor Freske called the August 26, 1996 City Council Meeting to order at 6:30 PM. Mayor Freske announced that the EDA Meeting will be held at the end of City Council Meeting. This met with approval from the President of the EDA. Roll Call: Norman F. Freske, Mayor: Councilmembers: Ron Black, Larry Fournier, Vern Heidner, Suzanne Ackerman Staff: Bob Kirmis, Assistant Planner; Andrew MacArthur, City Attorney; Larry Koshak, City Engineer; Jerry Olson, Building Official; Elaine Beatty, City Clerk/Zoning Administrator; Phyllis Cokley, Director of Business/Finance; Judy Hudson, Deputy Clerk; Carol Olson, Secretary. 2. Consider Ag ndah rp oval Mayor Freske requested the addition of Ordinance 96-7, publication of summary, under Item 5.2. Consent Agenda. Mayor Freske also requested the addition of Heritage Commission Request under Item 9.3. CM Fournier motioned to adopt the August 26, 1996 City Council Agenda as amended. Seconded by CM Ackerman. All in favor. Motion carried. 3_ Consider Minutes: A. August 12, 1996 City Council Minutes. CM Heidner motioned to adopt. Seconded by CM Black. All in favor. Motion carried. B. August 8 1996 - Council Workshop - 95th Street Pro* CM Fournier motioned to adopt. Seconded by CM Ackerman. Voting For the Motion: CM Black, CM Fournier, CM Heidner, CM Ackerman. Abstained: Mayor Freske, since he was absent from this Workshop. Motion carried. No one appeared on Open Forum. 4A. Special Presentation: 4A.1. Tom Noyes - Bonestroo Wastewater Treatment Update Ted Field was in attendance, representing Bonestroo Assoc. There were two areas he addressed and one was the letter dated August 21, 1996 (attached) and where should the study go next and what steps need to be taken. He went over these areas with the Council. Otsego City Council Meeting of August 26, 1996, cont'd. Page 2. CM Fournier was concerned about the collection System, site consideration and sludge disposal. He also felt the Report could have been more detailed. Mr. Field's went over CM Fournier's concerns and if the Council has alternatives sites in mind, they can do an evaluation. Mr. Field said he stands by recommendation of land disposal of sludge and do whatever needs to be done to go in that direction. There are alternatives but with this type of plant and area and capacity and given abundance of land disposal sites he feels it is the best option. Mayor Freske asked what is the next step. Mr. Field said the PCA will want to see some things addressed - environment assessment and is a separate evaluation that they will want to see before they approve the plan. Before entering into the environmental assessment, a site should be selected. A Public Meeting will also need to be held, which the PCA would want to see done. Dayton has had their Public Meeting. Lee Hanson, 1010 West St. Germain Street, St. Cloud, Attorney representing Riverbend Mobile Home Park. He asked how was the existing sewage treatment facility at Riverbend factored into this plan and if it was factored in at all. Mr. Field said it was factored in to the point that there is a potential for that facility to be served by Otsego's facility some day, so collection system lines were sized for that capacity. He doesn't believe there was intent to build the first phase of the treatment plant with capacity specifically for Riverbend. Mr. Hanson stated the owners of the Riverbend Mobile Home Park would like to be part of any discussion that is going to take place regarding the facilities plan. They want to make sure the Mayor and Council know they are on record demonstrating that their sewage treatment facility is fully capable of handling their park and their land and want to be sure that is taken into consideration in this facilities plan. Norm Gartner, Engineer representing Riverbend Mobile Home Park. He talked about the Facilities Plan, which he reviewed. Mr. Gartner read from MN Rules Chapter 7077, regarding what a facilities plan must address which he feels the City must follow and had concerns about. (He submitted Exhibit A) Mr. Field responded saying the evaluation of the on-site systems wasn't included in the Request for Proposal and doesn't think the PCA would stop the building of a Treatment Plant because of this. Regarding the PCA Review and approval - Bonestroo does this all the time and he knows what to expect from the PCA in the form of comments. He feels that these things can be brought out at the Public Meeting and doesn't think information is so lacking that one can't be held. The Council direction: Answer CM Fournier's concerns Address in memo about the fourth alternative that was required by the RFP (land application as an alternative) Otsego City Council Meeting of August 26, 1996, cont'd. Page 3. Mr. Field said he will address these concerns in another memo in a relatively short time. Once he has direction on the sites, he can proceed from there. He would like to have the public meeting schedules. CM Fournier motioned to set November 13, 1996 (Wednesday) at 7 PM. Seconded by CM Black. All in favor. Motion carried. 4A_2_ Jeff Asfahl - Community Recreation update Jeff Asfahl presented the 1997 Community Recreation Board Administrative budget, which he reviewed with the City Council. CM Fournier was concerned with 88% being spent on administration and with the increased amounts over the last 3 years if this isn't pricing itself out. He supports the program as long as it doesn't price itself out. Mayor Freske agreed with CM Fournier that this is a good program, but there are projects in the City that need to get done and the City just can't go out and get additional employees. The residents pay for all of this and cautioned that maybe this can't move as fast. CM Heidner pointed out the actual cost per resident has remained the same throughout the years remaining at $3.73 per person and should be kept at that. Jeff Asfahl said these comments will be relayed back to the Community Rec. Board. 5. Consent Agenda, 5.1. Consider Resolution No. 96-22 Amendment Approving Election Judges for 1996 Primary and General Elections. 5.2. Consider publication of Ordinance 96.7,sum CM Black motioned to accept the Consent Agenda. CM Heidner seconded the motion. All in favor. Motion carried. 6. Bob Kirmis, Assistant City Planner: 6.1. US West, New Vector, Kent Sticha, 2510 Mendelssohn Avenue North, Golden Valley, MN 55427 for property owner David M. and Lynell A_ Becker 6155 Kadler Avenue NE Otsego. MN. PID #118-800-344400 (West of Kadler Avenue and South of I-94 west of Albertville. MN) Request is as follows: 1 _ A CUP for a telephone transmission facility which exceeds the height limits of the A-1 Agricultural Zoned Area. Note: This was tabled per motion from the August 12th City Council Meeting allowing the applicant time to furnish the City with proper documentation regarding co -location. Andrew MacArthur, City Attorney, discussed the issue of co -location and they had previously indicated they wanted a structural report. Mr. MacArthur responded to this with his letter of August 16, 1996 (attached). Mr. MacArthur summed this discussion up by stating it is his opinion that what has been furnished to the City regarding co -location is sufficient. He recommended to add a condition that the applicant provide co -location to others. Otsego City Council Meeting of August 26, 1996, cont'd. Page 4. Jay Littlejohn, representing US West, New Vector. He agrees with the City Attorney's letter of August 16, 1996. He also noted that his company won't dispute the fact of giving co -location and won't object to that. CM Black motioned to adopt the Planning Commission recommendation for approval of a Conditional Use Permit for a telephone transmission facility which exceeds the height limits of the A-1 Agricultural Zoned Area. Seconded by Mayor Freske. All in favor. Motion carried. (Discussion occurred between the motion being made and the actual vote) Discussion: CM Black said the Planning Commission did not include Number 7 of the Findings of Fact and this is to be included and satisfied. CM Heidner noted the blueprints the City received only deal with the towers and not antennas and a building permit is also needed showing the antenna design. His concern was having something similar to what is in the City of Plymouth. Mr. Littlejohn said this antenna will not be designed like the one in Plymouth. CM Heidner asked how co -location ties into the City's Ordinance. Mr. Kirmis responded that the Ordinance states if changes are considered substantial it would require an amendment, staff can review and if there are any adverse impact it would be brought forward. CM Heidner motioned to amend the Motion to include Item 7. Seconded by CM Black. All in favor. Motion carried. CM Black had understood that NAC was reviewing this Ordinance. He also stated he doesn't want to relay on the word "substantial". Mr. Kirmis replied it is pending and NAC will proceed. 6.2. David C and Lorraine H Schroeder, 10790 95th Street NE. Otsego, MN PID 118-800-141303. Request is as follows: 1. A Conditional use Permit to allow more than one detached accessory building and over 2,000 square feet of accessory space. Mr. Kirmis went over this request and the conditions listed in the Findings of Fact. CM Fournier motioned to accept the Planning Commission Recommendation for approval of the Conditional Use Permit allowing more than 2,000 square feet of accessory space and to allow more than one detached accessory building subject to the conditions listed in the Findings of Fact. Seconded by CM Black. All in favor. Motion carried. 6.3. Any other Planning Business Mr. Kirmis discussed with the Council the new territory annexed from Frankfort. The Ordinance requires all newly annexed territory assume an A-1 Zoning designation. He suggested for Council direction to further investigate this and to highlight the options for the Council. The Council agreed for Mr. Kirmis to proceed as he suggested. Otsego City Council Meeting of August 26, 1996, cont'd. Page 5. At 8 PM Otsego's Mayor, Council and Staff Welcome Frankfort residents, Town Board and Staff, to Otsego. Refreshments were served. 7. Andy MacArthur, City Attorney: 7.1. Discussion of scheduling the deposition for Lef-Co Mr. MacArthur discussed with the Council the scheduling of dispositions. He provided the Council with dates. 7.2. Update on Peavey House Rental Mr. MacArthur is working with City Staff on this issue. 8_ Larry Koshak, City Engineer: 9.1- Discussion of Public Meeting for Sewer and Water Services Mr. Koshak displayed a map he had prepared outlining the areas for Sewer and Water Services. Mr. Koshak is proposing a Public Meeting for the Water and Sewer services and demonstrated to the Council what he will be presenting. He also suggested to have another preview prior to the Public Meeting. The Council agreed that all residents in Phase 1 and la are to be notified of the Public Meeting. Regarding water service, Mr. Koshak will do the study for Phase 1 only for this Public Meeting, which means looking at the present well.. Because there is commercial property involved, will have to look at a water tower for water flow (fire flow). Will be looking at a possible site. Would be looking at a pump house, tower and trunk system. CM Black suggested to also include the land east of Parrish running north of CSAH 39 to the river in the water study. The Council agreed. 8_1 Update Discussion of Karst land on 65th & illegal land filling According to Mr. Koshak, nothing has transpired. The DNR said it would take about two weeks for them to get out there along with the Fish and Wildlife Department. Mr. MacArthur said he had contacted the County Attorney's Office and Tom Salkowsky of Wright County Planning and Zoning. This was referred to for prosecution or civil action back in 1988 but never was followed through. He advised the Council to get a Letter of Notification to Mr. Karst as soon as possible. CM Black motioned for the City Attorney to send a letter to Mr. Karst stating the violations of City Ordinances occurring on his property. Seconded by CM Ackerman. All in favor. Motion carried. 9.3. Update on Co. #37/Odean Project Per Mr. Koshak, there is no update and project has been accomplished. Otsego City Council Meeting of August 26, 1996, cont'd. Page 6. 8.4. Consider date for Mississippi Shores Overlay Project Assessment Hearing CM Black motioned to set the Assessment Hearing for the Mississippi Shores Overlay and the Island View -Arrowhead Street Project for September 30, 1996 7 PM. Seconded by CM Fournier. All in favor. Motion carried. 8.5_ Any other Engineering_Business Larry Koshak brought the City Council up to date on the Island View Estates Project. Mr. Koshak noted since the first meeting in September has been changed to September 5th, the Feasibility Study for the 85th Street Project will now go on the September 23rd Council meeting. CM Fournier had two residents call him regarding placing Deer Crossing Signs on 42. Mr. Koshak said since 42 is a County Road they should be referred to the County. CM Fournier also talked to John Lefebvre and the building that is on property the City purchased can now be torn down. CM Black suggested the Street Department Committee should handle this. Elaine Beatty suggested the City Engineer review the EAW that is being conducted on the Bernard Roden property which borders Otsego at 70th Street. Larry Koshak said this is the Otsego Creek Storm Water District and advised the Council the drainage issue should be reviewed. The State should be informing us of this. CM Black motioned to direct the City Engineer to respond appropriately to the EAW. Seconded by CM Heidner. All in favor. Motion carried. (Discussion occurred between the motion being made and the actual vote) Discussion: CM Heidner questioned if the Otsego Creek Authority should check into this and therefore the costs incurred would be shared. Mr. Koshak questioned how viable the Otsego Creek Authority is at this time but he hoped Otsego Creek Authority would reviewed the plats that would occur in that district - Plat Review Authority. Mr. Koshak would pick out the issues that should be reviewed by the Authority. 9. Council Items: 9.1. Consider Memo from Building Official Jerry Olson Re: Mound System design review CM Black motioned to adopt the Building Official Recommendation allowing the Building Official to review and approve Mound Systems. Seconded by CM Fournier. All in favor. Motion carried. 9.2. Consider Truth In Taxation Public Hearing Dates CM Fournier motioned to accept Staff's recommendation of December 5th and 12th 1996, 6:30 PM for the Truth In Taxation Public Hearing Dates. Seconded by CM Black. All in favor. Motion carried. Otsego City Council Meeting of August 26, 1996, cont'd. Page 7. 9.3. Any other Council Business 9.3.1. Heritage Commission History Bock Mayor Freske reported the Heritage Commission have written a book. They are looking for some grants from different sources but haven't received any as of this date. They want the Book ready by their October Heritage get together and need $700.00. CM Fournier motioned if the money is in the budget they should go ahead with the printing of the book. Seconded by CM Black. All in favor. Motion carried. 1•. Elaine Beatty brought up the information regarding the Town of Hasson requesting incorporation. Mayor Freske suggested for this item to go on the next City Council Agenda. CM Black requested staff to contact the City of Rogers and asked them what position they will be taking to find out what is going on. He further stated that Otsego may not want to become involved. Elaine suggested to also contact the other communities such as Dayton. Elaine referred to the agreement received from Wright County on how the funds will be dispersed in regards to the recent annexed land. Both her and Phyllis agreed this would be the best way to handle disbursement. CM Heidner asked how much tax dollars does Otsego anticipate receiving from this area. Sherry Berning, who was in attendance, thought there was about ten million dollars of market value. 9.5. Consider Claims List for Approval CM Heidner motioned to accept the Claims List as presented. Seconded by CM Black. All in favor. Motion carried. 9.6. Adjourn by 10 PM CM Heidner motioned to adjourn. Seconded by CM Fournier. All in favor. Motion carried. Mee ' ' djourned at 9:17 PM. Mayor orm F. Freske Attest: ElaiBea y, Ci Cler Zoni Administrator Recorded by:.Idy H�&on. Deputy Clerk City Seal