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09-05-96 CCCITY OF OTSEGO WRIGHT COUNTY, MINNESOTA CITY COUNCIL MEETING 6:30 PM COUNCIL CHAMBERS OTSEGO CITY HALL SEPTEMBER 5, 1996 1 Mayor will call meeting to order. Mayor Norman F. Freske called the September 5, 1996 City Council Meeting to order at 6:31 PM. Roll Call: Mayor Norman F. Freske; Councilmembers: Suzanne Ackerman, Ron Black, Larry Fournier, 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/Finance; Judy Hudson, Deputy Clerk. 2. Consider Agendaren oval. Mayor Freske requested an addition under Item 8.2.: 62nd Street Paving CM Fournier motioned to adopt the September 5, 1996 City Council Agenda as amended. Seconded by CM Black. All in favor. Motion carried. 3. Consider Minutes: There were none. 4. Open Forum No one appeared on Open Forum. 4A. Special Presentation: 4A.l. Tom Constant and Jeff Bartheld, Park and Recs. Comm. discussion of City Plans for Old Township Hall, Jeff Bartheld presented to the City Council the Park and Recreation Commission's desire to move the "Old Township Hall" to a site in Prairie Park. They feel the building is of structural sound and went over their suggested guideline. CM Black supports their suggestions and heard there is a source for the concrete. CM Fournier stated the building as it stands right now is an eye sore and can support this suggested move but would like to see a preliminary feasibility report and moving plan. CM Heidner would also like to the see the costs involved with this move. Jeff Bartheld agreed a cost study needs to be done but they first wanted to find out if they have Council support. The Parks Commission will be responsible for this study. The building is tall and might need electrical lines lifted for the move. CM Ackerman stated she also supports this. CM Black requested to have the Building Official, Jerry Olson, involved in this. Otsego City Council Meeting of September 5, 1996, cont'd. Page 2. CM Fournier motioned for the Parks and Rec. Commission proceed with the project and to keep the City Council informed as they go along. Seconded by CM Black. All in favor. Motion carried. (Discussed occurred between the motion being made and the actual vote) Discussion: CM Fournier requested the Parks and Rec. Commission to keep the Council informed of the costs. Elaine Beatty and Bob Kirmis noted that for any re -location of a building requires a Conditional Use Permit. CM Heidner was concerned if costs could be $5,000 or more. Mr. Bartheld assured the Council they will let them know the costs. Mr. Bartheld also discussed the possibility of doing another event this year. He briefly went over a holiday lighting event for Thanksgiving Night - decorate the City Hall - essay contest for the school - visit with Santa Claus - putting in a permanent spruce tree from the Adopt a Tree Fund. The consensus of the Council was no objection and to work with City Staff and see if there is any money available. 5_ Consent Agenda: There were no Consent Agenda Items. 6. Bob Kirmis, Assistant City Planner: 6.1. Discussion of Zoning of newly annexed Frankfort Area Bob Kirmis raised this subject at the last meeting and prepared a Memo dated August 27, 1996, which is attached. CM Fournier motioned to initiate rezoning of newly annexed properties to those previously applied being consistent with Alternative #3 of NAC's Memo dated August 27, 1996. Seconded by CM Black. All in favor. Motion carried. CM Black motioned to set a Public Hearing for the proposed Feedlot Ordinance at the Planning Commission at the earliest date. Seconded by CM Fournier. All in favor. Motion carried. (Discussion occurred between the motion being made and the actual vote) Discussion: The Council discussed a specific date. The consensus was October 2, 1996. 6.3. Discussion of Otsego - Comprehensive Plan Update - Work Program Mr. Kirmis went over his attached August 27, 1996 Memo regarding Otsego's Comprehensive Plan Update - Work Program. He highlighted the schedule, process and costs associated. 6.4. Any other Planning Business There was none. Otsego City Council Meeting of September 5, 1996, cont'd. Page 3. 7. Andy MacArthur, City tornev: 7.1. Consider Ordinance Amendment allowing the Building Official to 'nsper and approve alternative CM Black motioned to adopt Ordinance No. 96-8, amending Section 5.4.4. of the City Sewage Disposal Ordinance relating to responsibilities for review of alternative systems. Seconded by CM Ackerman. All in favor. Motion carried. 7.2. Any other Legal Items_ There was none. 8. Larry Koshak. C'ityEnginee_r: 8.1. Discussion of a Council Workshopregarding urban development and set date for workshop before the November 13th _public informational A workshop is needed to discuss the focus of direction the City needs to attain its goal of water and sewer service in a specific time table - identify engineering and planning studies that need to be done with assistance from financial advisor. This needs to be projected at the Public Meeting and everyone needs to agree. Mr. Koshak recommends for all Commissions and Candidates to be invited. CM Black motioned to set the Workshop for October 3 at 7 PM. Seconded by CM Heidner. All in favor. Motion carried. (Discussion occurred between the motion being paid and the actual vote) Discussion: CM Black said the notices to the Commissions should state that they are invited to attend. CM Fournier supported inviting the Candidates and the Council agreed. 8.2. Any other Engineering Business A. 62nd Street Mayor Freske said he received a phone call from Jeff Bergquist who lives on 62nd Street who said he was concern with the paving which was done by MnDOT and that they will be removing it. Larry Koshak responded that only two people have entrances on 62nd Street. He went over the history of this situation - Otsego was not notified of this detour plan until after bidding. The City approach the State regarding this. In the past MnDOT has been cooperative regarding detours. This detour was a last design thought and the City didn't have the opportunity to discussed this. Mr. Koshak brought this back to the Council and at that time the Council told him to contact MnDOT to move the street because the present street was only in the South ROW. MnDOT never replied, after several attempts MnDOT final say was that it was too late. The Council had previously directed the City Engineer to notify MnDOT that any pavement was to be removed by the State after the detour. Mayor Freske asked how far off is the street. Otsego City Council Meeting of September 5, 1996, cont'd. Page 4. Mr. Koshak said it is all on the South 33 feet of ROW. The City Engineer explained that the City has a policy that any new pavement has to be brought up to City standards and the City has no assurance that 62nd Street is. The City Council discussed different concerns and options with this street. Mr. Koshak recommended to follow the policy that was directed in June, 1996. Jeff Christian and Steve Glatzel, residents, expressed to the Council that they would like the pavement to remain. CM Heidner motioned to accept the paving of a section of 62nd Street contingent upon MnDOT providing certification that it is a 9 Ton Street, built to City's specifications and they will pave the cul-de-sac and the property owners on both sides provide easements to the City for placement of utility lines. Seconded by CM Black. CM Heidner withdrew the motion. CM Black withdrew the second. (Discussion occurred between the motion being made and the actual vote) Discussion: CM Black stated he would not support this motion since this is asking for a taking and if there is money behind the motion he wants to know how much and if this street was built to MSA Standards an easement won't cut since it must be owned in fee. CM Black also stated that just because the present property owner is willing to give an easement doesn't mean future ones will. The City went to the State and offered to pay to move the street and State refused. CM Fournier motioned for the City not to accept 62nd Street as meeting City Standards but to leave the blacktop. Seconded by Mayor Freske. Discussion: CM Heidner asked who maintains this street now and stated concern for winter maintenance. CM Fournier said the City does and it doesn't meet our standards. CM Black questioned why the City interested in a road that is in the wrong place. CM Fournier said this was grandfather and the paving will make it a nicer road and the City has to maintain it whether it is paved or not. CM Heidner was concerned if MnDOT doesn't finish out the cul-de-sac and the problems it would create. Steve Glatzel suggested for the City to ask MnDOT to finish it off. Larry Koshak comments where the State was going to pave the cul-de-sac but the City said no since they were on gravel roads and it would not be appropriate. CM Fournier stated it won't change his motion if MnDOT doesn't finish off the cul-de-sac. CM Heidner motioned to table this motion until the next City Council Meeting until the City finds out the MnDOT plan to the road if more pavement or gravel. Seconded by CM Black. All in favor. Motion carried. CM Heidner motioned for the City Engineer to check with MnDOT if they will pave the cul-de-sac. Seconded by CM Heidner. All in favor. Motion carried. Otsego City Council Meeting of September 5, 1996, cont'd. Page 5. 9. Council Items. 9.1. Consider Resolution adopting proposed lever or 1997. CM Black motioned to adopt Resolution 96-23, Resolution Approving A Proposed Tax Levy for 1997 Budget Appropriations setting total levy to be certified as $790,458. Seconded by CM Fournier. All in favor. Motion carried. (Discussion occurred between the motion being made and the actual vote) Discussion: CM Fournier indicated that the difference between the estimated tax capacity used for the 1996 proposed tax levy and the final tax capacity for taxes payable 1996 was approximately $15,000. and further questioned Phyllis Cokley regarding the anticipated difference for the 1997 levy. Phyllis Cokley indicated that the final tax capacity for the city was not available to calculate an actual tax rate proposed for 1997, therefore an estimated tax capacity is used. She indicated that the estimated tax capacity used was based on last year's final tax capacity in addition to an estimated growth factor and an estimated tax capacity for the annexed land from Frankfort. She further indicated that at the Budget Workshop meeting, an estimated tax capacity of $2,317,000 was used to calculate the rate, and since the time of the workshop, the County has sent information indicating that the estimated tax capacity for tK ,, including the newly annexed land is $2,446,000. Phyllis further indicated that the 1�,- final tax capacity will again be approximately 15,000 to 20,000 less than the estirr.ated capacity of $2,446,000. The tax rate calculated on the estimated tax capacity of $2,317,000 for the 1997 proposed tax levy is 34.1156. The tax rate calculated on the estimated tax capacity of $2,446,000 is 32.3164. Phyllis stated that the tax rate for the proposed 1997 tax levy is anticipated to be less than the tax rate for the 1996 tax levy. 9.2. Discussion of Hassan Township letter req ueyg a resolution of sunnort for incorporation. CM Black motioned that the City of Otsego take no position on the Hassan Township petition. Seconded by CM Heidner. All in favor. Motion carried. 9.3. Any other Council Business A_ Discussion of letter from James T_ Elmcluist,ySpecial Projects Administrator - Wrighto un y dated August 29. 1996 - Re Humane Society impounding_ CM Black motioned to direct the City Clerk to indicate to the proper person that the City does have an interest in receiving information about this project. Seconded by CM Fournier. All in favor. Motion carried. (Discussion occurred between the motion being made and the actual vote) Discussion: CM Heidner stated he is not interested in this operation and not interested in being a part of this but it would be all right to find out what is going on. 9.4_ City Clerk's Update Elaine Beatty reported information was received from Bonestroo, which will be distributed to the Council answering questions from the last meeting. Otsego City Council Meeting of September 5, 1996, cont'd. Page 6. She also received new information from the demographers office from our recent annexation and the projected population is 6,283. CM Black suggested to request City Engineer and Bonestroo to sit down with local residents, specifically the Darkenwalds. It was decided that no members of the Council would attend. Mayor Freske noted the Regional Meeting of LMC will be at Watertown on October 17 at 2 PM. 9.5. Consider claims List for Approval CM Fournier motioned to accept the Claims List. Seconded by CM Heidner. All in favor. Motion carried. 9.6. Adjourn by 10 PM. CM Heidner motioned to adjourn. Seconded by CM Black. All in favor. Motion carried. Meeti C$djourned at 8:_/ ^1100 PM.. Mayor Norman F. Freske Attest: Elaine Beatty, City Clerk/Zoning Adm. Recorde : J -t od'flues4;i�,�15eputy Clerk City Seal