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01-13-97 CCCITY OF OTSEGO WRIGHT COUNTY, MINNESOTA CITY COUNCIL MEETING 6:30 PM COUNCIL CHAMBERS OTSEGO CITY HALL JANUARY 13, 1997 1. MayorElect,�a LarEy Fournier, will call meeting to order" Mayor Elect Larry Fournier called the January 13, 1997 City Council Meeting to order at 6:30 PM. a. Pledge of Allegiance- Mayor llegi;ance.Mayor Elect Fournier led in the Pledge of Allegiance. b. Swearing in of Mayor byCity Clerk, City Clerk Elaine Beatty gave the Oath of Office of Mayor to Larry Fournier. C. Swearing in of New Council Members by Mayor Fourni .r Mayor Fournier gave the Oaths of Office of Council Members to Virginia Wendel and to Mark Berning. d. Roll .all_ Council: Mayor Larry Fournier: Councilmembers: Suzanne Ackerman, Mark Berning, Vern Heidner and Virginia Wendel. Staff. Bob Kirmis, Assistant City Planner; Andrew MacArthur, City Attorney; Larry Koshak, City Engineer; Elaine Beatty, City Clerk/Zoning Administrator; Gary Groen, City Accountant; Judy Hudson, Deputy Clerk; Jerry Olson, Building Official. 2. Consider Agenda Approval, CM Heidner requested to move Item 5.1. to Item 9.6.1. Mayor Fournier requested to add to Item 9.5.D. Set Workshop for 85th Street and MSA Mileage Certification. Mayor Fournier requested to move Item 9.6 to Item 7.4. CM Heidner motioned to adopt the January 13, 1997 City Council Agenda as amended. Seconded by CM Berning. All in favor. Motion carried. 3. Consider Minutes: a. December 23, 1996 Council Meeting - CM ing_CM Heidner motioned to adopt the minutes. Seconded by CM Ackerman. Voting For the Motion: Mayor Fournier, CM Ackerman, CM Heidner. Abstained: CM Wendel, CM Berning Motion carried three (3) to zero (0) with two (2) abstentions. Otsego City Council Meeting of January 13, 1997, cont'd. Page 2. I OD .n Forum No one appeared on Open Forum. 5. Consent Agenda 5.2. Consider Resolution EstablishingDepositories for City Funds - CM Heidner motioned to adopt the Consent Agenda. Seconded by CM Berning. All in favor. Motion carried. 6.1_ Barthel Broc Dairy,Tames, Paul and Joseph Barthel, owners, 11364 80th Street Chris Bulow,Inc_,Developer for a CUP to allow transfer of property building rights of one r forty acres subdivisions R quest is as follows: Bob Kirmis presented the Planning Report and recommended approval subject to the ten (10) conditions listed in Findings of Fact. Mr. Kirmis also went over his memo dated December 23, 1996. 1. A Conditional Use Permit to allow the followinne A. Transfer of I)roperty rights of one per forty subdivisions to allow a 7 lot cl ester d subdivision. B. A Variance for cul-de-sac length (longer than allowed by regulations)- CM egulations)CM Berning asked the City Engineer if drainage issues have been resolved and if he had a recommendation. Larry Koshak responded he received the requested information but not in time to be included in the Council Packet. He needs to do further review. Mayor Fournier noted the Planning Commission denied this unanimously and questioned if they had enough information to arrive at their decision. Andrew MacArthur reviewed his letter to the Council dated January 7, 1997. His recommendation to the Council was to consider sending this back to the Planning Commission for further consideration and public hearing, or the Council conduct its own public hearing, if it appears that there may be reason for a denial. His concern is with the apparent lack of adequate factual basis on the record supporting denial. CM Berning motioned to send this matter back to the Planning Commission for a Public Hearing. Seconded by CM Ackerman. All in favor. Motion carried. Otsego City Council Meeting of January 13, 1997, cont'd. Page 3. Peter Knabele, Engineer representing Bridgeland Development Company. Mr. Knabele stated he is present to answer any questions regarding this proposed development. His comments: Proposing all 120 acres to be rezoned for one acre lots. Development would support standard septic systems. They have questions on the proposed 85th Street Project and the extension of Page Avenue. They would like to have an idea of what the Council position is for rezoning this to R3. After Council discussion Mayor Fournier asked for Council comments: CM Heidner sees no problem with developer or owner coming through and taking care of the first 40 acre phase. He has concerns with the timing with potential sewer coming in. This development would be adjacent to other one acre lots and suitable for standard septic systems. CM Wendel agreed with CM Heidner since there are one acre lots and septics will work they should last many years and can't penalize the landowner. She stated concerns with Page Avenue and who will pay for it. CM Ackerman also agreed. Phasing seems good. CM Berning stated he sees no problem with phasing or with compatibility. His concern was with water and sewer and therefore the time frame and the City not losing this land to the availability of sewer. He would also like to see investigated the possibility of supplying this development with water. Mayor Fournier agreed with development in this area. His concern was the City is in the middle of a decision of a sewer project and would like to see a hold on this until the City make a commitment on sewer. But, if not he would support this development. CM Heidner has concerns with rezoning all of this property at once and questioned if this development could be structured so if sewer becomes a likelihood that the later two phases are mandated to go into the sewer district. Mr. MacArthur thought this could conceivably be done but had great concerns about putting an agreement together where there isn't enough information on water and sewer. Mayor Fournier summed up the discussion by saying the Council decision on Sewer and Water should be decided in the very near future and would like to have the developers wait for this decision. 6-3- The Greninger/Emberton Comp. Plan Amen dment/Rezonin g application has been withdrawn, They are reapolying for the portion of the promrty on the North side of S• 39 • ..• The application has been withdrawn. 6.4. Any other Planning Business. The City Council and Staff reviewed and discussed NACs Memorandum of January 13, 1997 regarding Lin -Bar PUD. The applicant has inquired about the possibility of waiving the City's re -subdivision plan requirements. Otsego City Council Meeting of January 13, 1997, cont'd. Page 4. Mayor Fournier motioned to accept NACs recommendation not to waive the City's re -subdivision plan requirements. Seconded by CM Heidner. All in favor. Motion carried. 7. Andy MacArthur, CitiAttomLvL 7-1- Discussion of maintenance of privately owned streets (62nd St NF) - Mr. MacArthur went over his January 8, 1997 letter addressed to the City Council regarding this issue. His recommendation is to continue maintenance this season with a written agreement and this Spring the residents on 62nd Street may come forward and dedicate property for a ROW so the City can obtain the street, if they don't, all future road maintenance will cease. CM Wendel motioned for the City to continue maintaining 62nd Street with written approval from all residents and they are to pay for this service. After this season the residents have to make a decision to keep as private street or a public street and they will help pay for bringing it up to city standards. Seconded by CM Ackerman. All in favor. Motion carried. (Discussion occurred between the motion being made and the actual vote) Discussion: CM Heidner asked for the record to show that if all residents on 62nd Street do not all agree to this, the City will cease plowing with a 30 day notice. 7.3_ Any other legal business_ 9. 6. Consider approval of 1997 Rogers Fire Contract_ Mr. MacArthur reviewed with Council. CM Berning motioned to approve the Rogers Fire Contract as recommended by the City Attorney. Seconded by CM Wendel. All in favor. Motion carried. CM Heidner motioned to approve Ordinance No. 97-1, pertaining to defective or malfunctioning emergency alarm systems within the City of Otsego. Seconded by CM Ackerman. All in favor. Motion carried. 8. Larry Koshak,City Engin er8.1_ Discussion of Maintenance of traffic signals on County and State Roads- Larry oadLarry Koshak discussed with the Council his report on this issue as outlined in his attached report. His recommendation was for a formal agreement for maintenance as outlined in his report for the traffic signals. CM Wendel motioned for the City to sign an agreement. Seconded by Mayor Fournier. All in favor. Motion carried. 8.2_ See 7.1 _ above_ 8.3_ Any other Engineering Business. Mr. Koshak reported he will have information, regarding funding sources for access roads on 101, at the MSA Workshop. Otsego City Council Meeting of January 13, 1997, cont'd. Page 5. 9. Council Items: 9-1- Mayor Fournier will assign Committee duties of Councilmembers Mayor Fournier appointed Councilmembers to the following Commissions: Planning Commission: EDAAC: Park & Rec: Heritage: Public Works: Administrative Subcommittee: Otsego Creek Authority: CM Heidner CM Ackerman, Alternate Mayor Fournier CM Berning, Alternate CM Ackerman CM Wendel, Alternate CM Wendel CM Berning, Alternate CM Ackerman CM Fournier CM Berning, Alternate CM Heidner Mayor Fournier CM Wendel, Alternate CM Beming CM Wendel CM Heidner, Alternate Urban/Rural Taxing District: CM Beming CM Wendel Community Rec Post Office Committee CM Heidner, Alternate CM Beming CM Heidner, Alternate CM Wendel CM Beming Mayor Fournier, Alternate 9.2. Set date for interviews for Board and Commission Members - The embers_The Council set January 22, 1997 at 7 PM. 93_ Election of Acting Mayor - Mayor Fournier nominated CM Heidner. Seconded by CM Berning. CM Wendel motioned to close nominations. Seconded by CM Ackerman. All in favor. Motion carried. 9.4. Discussion of 1moperty owned by the City of Otsego on 80th Street NE_ ks= attached letter from CM Berning) PID 118-500-251101 - CM Beming reviewed with the Council his letter dated January 1, 1997. The property, which is owned by the City, is being farmed (1 to 1.5 acres) by Walter Beming & Sons, Inc., of which CM Beming is part owner. He requested Council action on this since he is Otsego City Council Meeting of January 13, 1997, cont'd. Page 6. concerned with a possible conflict of interest. CM Wendel motioned for the City to write a contract, renting this land to Walter Berning and Sons, Inc., for one dollar per year, until the City needs it for a Park. Seconded by CM Heidner. Voting For the Motion: CM Ackerman, CM Heidner, CM Wendel, Mayor Fournier. Abstained: CM Berning Motion carried. (Discussion occurred between the motion being made and the actual vote) Discussion: CM Heidner expressed concern with the cost of a contract and also the capping of the existing well. The Council directed the Building Official, Jerry Olson, to check this lot out in the Spring, reviewing the abandoned well and foundation. a Workshop for Sewer and Water and Comprehensive Plan Tactics Study (January 21, 1997 - 6:30 PM)_ CM Heidner motioned to set the Workshop for January 21, 1997 at 6:30 PM. Seconded by CM Ackerman. All in favor. Motion carried. Mayor Fournier motioned to amend the motion to set the time at 7:30 PM (from 6:30 PM). Seconded by CM Ackerman. All in favor. Motion carried. CM Heidner motioned to set March 4, 1997 at 7 PM. Seconded by CM Ackerman. All in favor. Motion carried. C- Workshop for re i discussion (employees), After emmplo y'ees)- After Council discussion, it was decided to refer this item to the Administrative Subcommittee. CM Berning motioned to set February 6, 1997 at 6:30 PM. Seconded by Mayor Fournier. All in favor. Motion carried. An Administrative Staff Meeting was set for January 23, 1997 at 4 PM. 9.6.1. Consider Resolution adopting an official newspaper. CM Heidner has serious concerns with the distribution of the Elk River Star News. Approximately 200 Otsego households do not receive this paper. Out of those residents, Otsego City Council Meeting of January 13, 1997, cont'd. Page 7. the ones that do subscribe, receive the Star News several days late. He suggested to review this and also see if there is a newspaper that would cover the whole City. Mayor Fournier appointed CM Heidner and CM Wendel to meet with Don Heinzman to see if arrangements can be made to cover all of Otsego and also to check into other Newspapers. CM Heidner motioned to appoint the Elk River Star News as the official newspaper until April 1, 1997. Seconded by CM Wendel. All in favor. Motion carried. 9.6- Consider approval of 1997 Rogers Fire Contract, Moved under 9.7. Cit, Clerk's update, Gary Groen, City Accountant, informed the Council that he recently met with Lori Johnson, Elk River Assistant City Administrator, regarding contracting with Elk River to process Otsego's payroll. Mr. Groen explained how much more sophisticated their software is and they are willing to give us a quote. The Council directed Gary to get quotes from Elk River and from APD. CM Wendel requested Mr. Groen to give a breakdown of overtime per departments on the Claims List. CM Heidner requested, and the Council agreed, for Mr. Groen to complete a recently received Form For Snowplowing Emergency Funds. Elaine Beatty reported that CMS Wendel and Berning are signed up for the Newly Elected Officials Conference for February 7, 1997 at Willmar. This involves a overnight stay. 9.8. Consider Claims List for annr� ova_t_ CM Heidner motioned to adopt the Claims List. Seconded by CM Ackerman. All in favor. Motion carried. CM Heidner motioned for all Commission Members whose terms are up as of December 31, 1996, are re -appointed until February 28, 1997. Seconded by CM Ackerman. All in favor. Motion carried. 9.9. Adjourn by 10 PM, CM Ackerman motioned to adjourn. Seconded by CM Wendel. All in favor. Motion carried. Meeting adjourned at 9:47 PM. 'Mayor � ne Beatty, City Recorded by: Judy Hudson, Deputy Clerk