Loading...
09-23-96 CCCITY OF OTSEGO WRIGHT COUNTY, MINNESOTA CITY COUNCIL MEETING 6:30 PM COUNCIL CHAMBERS OTSEGO CITY HALL SEPTEMBER 23, 1996 1. Mayor will call meeting to order. Mayor Norman F. Freske called the meeting to order at 6:30 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; Jerry Olson, Building Official. 2. Consider Agenda nnroval Mayor Freske requested under Item 9.3.1 Regional Meeting and 9.3.2 National League of Cities Membership. CM Fournier motioned adoption of the September 23, 1996 City Council Agenda as amended. Seconded by CM Black. All in favor. Motion carried. 3. Consider Minutes There were none 4. Open Forum. Butch Rasmussen, 10529 95th Street NE, filed a complaint on the Adams Dog Kennel. The letter is attached. The Council directed City Staff to do an investigation and a report for the Council and to let Mr. Rasmussen know the progress. Wally Odell, referred to the letter written to Lee W. Hanson from Andrew MacArthur, City Attorney, dated September 10, 1996. Mr. Odell stated the letter was offensive and objected to the content. Mr. Odell went through the letter to correct the mistakes he felt were in the letter. Mayor Freske noted he received a letter from their attorney, Lee Hanson, dated August 30, 1996 and one of the comments in the letter that they have recently become aware of waste water treatment facility plan. This is the reason the City responded and wants this letter to be part of these minutes. Mr. MacArthur responded to Mr. Odell by going over the history of discussion the City had with the Darkenwalds regarding private franchise. There were no comments from the City Council. Otsego City Council Meeting of September 23, 1996, cont'd. Page 2. 4.A_ Special Presentation - 4A. 1. resentation_4A.1. Paul Levenson & Jerry and Lynn Grote - Requests the City to reconsider their rezoning/ Comp Plan Amendment to subdivide. Mr. Paul Levenson asked the Council to reconsider their earlier decision of denial of his re -zoning request feeling their decision was made based on criteria that doesn't apply which he went over. CM Fournier motioned for the City Council to reconsider this request. Seconded by Mayor Freske. CM Heidner said the motion is out of order since the motion must be made by a member who previously voted for it. Mayor Freske summed the Council Discussion up that the decision will remain the same and this area will be reviewed next year. 5. Consent Agenda. 5.1. Consider Chris Bulow - Excavation Permit for Driveway 5.2. Set Hearing date for vacation of Odean Avenue at the intersection of CS AH for October 14, 1996, 9 PM. CM Black motioned to adopt the Consent Agenda. Seconded by CM Ackerman. All in favor. Motion carried. 6. Bob Kirmis, Assistant City Plannere 6-1- Scott and Gary Moehlmann - 9060 95th Street CUP Relocation of Residence Bob Kirmis presented the applicants request to replace the current single family residence with the relocated home. The PC recommended approval subject to thirteen (13) conditions listed in the Findings of Fact. Jerry Olson, Building Official, reported the Mohlmanns have agreed to convert the home to a single family residence. There was confusion with the interference with possible septic sites if access came off of Jalger Avenue. His conclusion, after reviewal, the driveway off of Jalger would not interfere with the septic system. CM Fournier motioned to accept the Planning Commission's recommendation subject to the conditions listed in the Findings of Facts. Mayor Freske seconded. Discussion: Mayor Freske questioned if Condition #3 should be removed. CM Fournier amended motion to remove all of Condition #3 except for b. CM Black requested for Condition #1 is subject to approval by the Building Official, change the water meter to gas meter. Condition #3, Paragraph B will be the only condition for #3. Condition 8 and 9 seem to be similar and why does the City need to know if this is being done by a license and bonded mover which the mover has to acquire. Therefore, eliminate Condition #9 which is the responsibility of the move and not the applicant's. Otsego City Council Meeting of September 23, 1996, cont'd. Page 3. Mr. Kirmis said the reason for #9 said it is presumed that the mover will notify the City and is in there to make sure that fact takes place. CM Black asked to leave Condition #9 but leave the burden upon the mover. CM Fournier agreed with the additions. Mayor Freske agreed. All in favor. Motion carried. 6.2. Douglas and Debra Jackson - 14036 67th Circle NE Otsego A CUP for relocation of residence Mr. Kirmis went over the NAC Planning Report, which is attached. The Planning Commission recommended approval subject to the conditions listed in the Findings of Fact. Mr. Kirmis read the conditions. Mr. Doug Jackson, applicant, stated they decided to move the house 10 feet forward and therefore eliminate any concerns for the setback from the high water mark. Jerry Olson, Building Official, had no comment. CM Black motioned to adopt the Planning Commission Recommendation with modification to Condition 7, giving the mover the responsibility of notifying the City. Seconded by CM Heidner. All in favor. Motion carried. CM Black questioned if the Move -in homes should be processed through an administrative permit rather than an CUP and would like to see this as a workshop item. Mr. MacArthur suggested to also review the temporary dwelling permit. CM Black requested a list of possible administrative permits rather than CUP. This list should be completed within one month. 7. Andy MacArthur,City Attorney- 7.1- Review imposed Amendment to Animal Feedlot Regulations Andy MacArthur, prepared a Resolution to go along with proposed Ordinance changes. He also went over the proposed Ordinance and his memo dated September 18, 1996 to the City Council addressing the proposed Feedlot Ordinance. He noted the word "alteration" should be "enlarged" in Section 20-38-4 of the proposed Ordinance. Mr. Kirmis explained he tried to make an allowance for hobby farms. Changed the definition of farms so they would be allowed to exist under this Ordinance. CM Fournier commented he feels they are getting closer to the right track but has a problem with the traditional farms. They should be allowed to expand their building, giving the farmer the ability to increase their income. He suggested using a percentage method. CM Heidner stated concern using percentages and if this is assuming farmers are running as full capacity in their buildings now. Otsego City Council Meeting of September 23, 1996, cont'd. Page 4. CM Black motioned to refer this Draft Ordinance, An Ordinance Addressing Animal Feedlot Operations within the City of Otsego, to the Planning Commission for Hearing for October 2, 1996. Seconded by CM Heidner. Voting For the Motion: CM Black, CM Ackerman, CM Heidner, Mayor Freske Voting Against the Motion: CM Fournier Motion carried four (4) to one (1). (Discussion occurred between the motion being made and the actual vote) Discussion: Mark Berning, 80th Street asked if the Ordinance will be forwarded to the EDAAC for review as this process was directed in the EDA Minutes from January 25, 1996. Mayor Freske said this will follow normal procedure and is being sent to the Planning Commission for Hearing. CM Heidner said the direction was given then and the EDAAC has had time to review. 7.2. Discussion of legal aspects of facility pan for sewer and water This was previously discussed under the Open Forum Agenda Item. 7.3. Barb Kolb, resident, consideration of }posed extension of her Temporary Dwelling Permit Barb Kolb was given a Temporary Dwelling Permit for a mobile home during reconstruction of her house. Mr. MacArthur explained that she has contacted the City on many occasions. His interpretation of Ms. Kolb's situation is that her dispute is between her contractor and herself and doesn't involve the City. The City's Ordinance does not allow for an extension. Mr. MacArthur recommended the Permit should be granted for a reasonable extention which would be defined by the Building Official. Jerry Olson recommended that this Permit should not be extended for more than 30 days. Ms. Kolb would like a permit extended for one month until she can locate other living arrangements. CM Black motioned to extend the Temporary Dwelling Permit until October 31, 1996 on the condition that the existing premises is cleaned up i.e. dumpster in the front yard is removed, and property is safely boarded up and these conditions should be complied with no later than one week. Seconded by Mayor Freske. All in favor. Motion carried. 7.4. Any other Legal Items. Mr. MacArthur reported that he and Jerry Olson visited the Karst property on 65th Street. Mr. MacArthur talked to Dan Lais, DNR, in regards to the fill and it was outside of the DNR's jurisdiction. Kerry Saxton's analysis - there was some minimal wetland filling and if Mr. Karst would do some grading and seeding that would satisfy him. Olson and himself noted Karst has street sweepings, the cars there, appear to be in the flood plain or shoreline. Mr. Karst has indicated that he wants to quit this in one year and is willing to sign an agreement with the City for one year. Mr. MacArthur's concern is with MnDOT and the contractor regarding the street sweepings as they have to some regulations on how to dispose of their street sweepings. The Council directed Mr. MacArthur to proceed on this and write a letter to the State. Otsego City Council Meeting of September 23, 1996, cont'd. Page 5. CM Fournier motioned acknowledgment of receipt of the Feasibility Study. Seconded by CM Black. All in favor. Motion carried. CM Black motioned to set a Workshop Meeting to review the 85th Street Feasibility Study for October 21, 1996 at 7:30 PM. Seconded by CM Ackerman. All in favor. Motion carried. CM Black motioned to authorize the City Engineer to commence the survey work and whatever needs to be done in this particular area for the 85th Street Project. Seconded by Mayor Freske. Voting For the Motion: CM Ackerman, CM Black, CM Heidner, Mayor Freske Voting Against the Motion: CM Fournier Motion carried four (4) to one (1). (Discussion occurred between the motion being made and the actual vote) Discussion: Mr. Koshak estimated the field work up to $10,000 and will take three weeks to complete. CM Fournier thought it was premature to order work before the workshop. CM Black stated he is committed to this project and would like to see it move ahead and not delayed. His question is how it is going to be paid for. Mayor Freske agreed. CM Heidner is not committed on this project until he sees more information. Larry Koshak said the $10,000 spent on preliminary work can be reimbursed from the MSA as preliminary design work. 8.2. Discussion of 62nd Street & 101 cul-de-sac having by Mn -DOT See the attached City Engineer's Report. CM Black motioned to request MnDOT to complete the paving on 62nd Street cul- de-sac without cost to the City. Seconded by Mayor Freske. (Discussion occurred between the motion being made and the actual vote) Discussion: CM Heidner questioned if motion assumes that once the project is done, the paving will remain and the City will accept the road. For clarification, Mr. Koshak understands the Council is directing is what they have paved presently should stay through the cul-de-sac, remove from the cul-de-sac to 101 and close that end off, pave the rest of 62nd Street cul-de-sac. He asked about the rest of the cul- de-sacs - 2 on 65ths, one on 72nd street. The Council directed for the cul-de-sac on 62nd Street should be completed and paved, leave the road as is. The other ones should be left as gravel since it will be easier to maintain. The Public Relations Department of MnDOT asked Mr. Koshak if the City would be interested in having a Opening Ceremony for 101. The City Council said they would be favor of this. Otsego City Council Meeting of September 23, 1996, cont'd. Page 6. 8.3. Consider annroving a partial payment for Midwest Paving Island View Project. Partial Payment #2 in the amount of $140,394.34 for both projects. Mr. Koshak recommends approval. 5% will be retained of the total plus any work not completed. CM Black motioned to approve Partial Payment #2 in the amount of $140,394.34. Seconded by CM Fournier. All in favor. Motion carried. There was further discussion regarding the construction costs, bonding, cash flow, soft costs, pre-paids and assessments. 8.4. Consider reply to Albertville on the EAW for imposed Mplc_ Factory Shop- Mr. hooMr. Koshak reported his concern was the Stormwater drainage issues. Water and sewer will go in there. Traffic won't access in Otsego but on CSAH 19. The Council requested to see a sketch. CM Black motioned to send the letter Mr. Koshak had drafted, to the City Administrator of Albertville. Seconded by CM Ackerman. All in favor. Motion carried. (Discussion occurred between the motion being made and the actual vote) Discussion: CM Black requested a copy of the letter sent to the PCA. 8.5_ Any other Engineering Business, Mr. Koshak reported the 1996 and 1997 Bike Plans are in the City Clerk's Office for reviewal. They have been approved by the District 3 Engineer (ISTEA PLANS). They will be sent to the County for their approval. Culvert under 70th Street: (From Mud Lake and School Lake) it is completely dry now. The culvert is completely rusted out and Dave Chase, Maintenance Supervisor, wants to replace it with a concrete culvert. CM Black motioned to send a proposal to Albertville to share at a 50-50% cost to replace the culvert under 70th Street. Seconded by CM Fournier. All in favor. Motion carried. Quale Avenue: CM Fournier asked if this road will be graveled this Fall. Larry Koshak is having a hard time making the contractor stand up to this and MnDOT has not designated this as a Haul Road. CM Fournier requested for the City signs to be moved to reflect Otsego's new boundaries. 9.1. Dan Greene - Review and consideration of the 1996/97 General Liability y Insurance Proposal CM Fournier motioned to accept Mr. Greene's recommendation to stay with the MN League of Cities current program for the 1996/97 General Liability Insurance Otsego City Council Meeting of September 23, 1996, cont'd. Page 7. Proposal. Seconded by CM Black. All in favor. Motion carried. CM Fournier motioned to table Implementation of a Managed Care Plan for Workers Compensation injuries. Seconded by CM Black. All in favor. Motion carried. 9.3. Any other Council Business 9-3 1 Regional Meeting on October 1 1 in Watertown (Friday 2 to 9 PM) CM Ackerman, CM Black, CM Fournier and Mayor Freske indicated they will attend. 9.3.2. Joining the National League of Cities CM Black motioned to not join the National League of Cities. Seconded by CM Ackerman. All in favor. Motion carried. CM Fournier questioned if the City should write to St. Michael for an answer regarding their involvement with Otsego's Sewer Project. CM Heidner replied the Mayor of St. Michael has said no and a letter will be sent to Otsego. 9.4. City Clerk's Update Elaine Beatty gave her City Clerk's Update: Jeanette Carron wants dust control on 83rd Street, since she feels it is a safety issue. Reminded the Council of the Mayors Prayer Luncheon. 9.5_ Consider Claims List for Approval CM Black motioned to accept the Claims List as presented. Seconded by CM Ackerman. All in favor. Motion carried. CM Fournier motioned to adjourn. Seconded by CM Ackerman. All in favor. Motion carried. Meeting adjourned at 10:15 PM. y Hudson, Deputy Clerk City Seal