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08-26-97 CCCITY OF OTSEGO WRIGHT COUNTY, MINNESOTA CITY COUNCIL MEETING 6:30 PM COUNCIL CHAMBERS OTSEGO CITY HALL AUGUST 26, 1997 1 Mayor will call meeting to order. Mayor Larry Fournier called the August 26, 1997 City Council Meeting to order at 6:30 PM. a_ Pledge of Allegiance Mayor Fournier led in the Pledge of Allegiance. b. Roll Call. Mayor Larry Fournier; Councilmembers: Virginia Wendel, Suzanne Ackerman, Vern Heidner, Mark Berning. Staff: Bob Kirmis, Assistant Planner; Andrew MacArthur, City Attorney; Kevin Kielb, City Engineer; Elaine Beatty, City Clerk/Zoning Administrator; Judy Hudson, Deputy Clerk. 2. Consider AgendarDn oval" CM Heidner requested the removal of Item 5.1 under 5 and place under Item 6.4. CM Wendel requested the additions: Item 9.5.c. Contribution to Community Rec. Item 9.5.d. Update on stump and tree removal. Item 9.5.e. Storm Relief contribution from Christ Lutheran Church. Mayor Fournier requested the addition under Item 9.5.a. Set dates for Truth in Taxation Meeting and Item 9.5.b. Contract agreement to fix steps at Old City Hall. CM Heidner motioned to adopt the August 26, 1997 City Council Agenda as amended. Seconded by CM Berning. All in favor. Motion carried. 3 Consider Minutes: a Regular Council Minutes of August 11, 19�7. CM Heidner noted on Page 6, under B, last sentence of third paragraph, to add the word and to take care of problems that come along. Mr. MacArthur asked that under Item 4.3. the minutes should include that the August 11, 1997 Meeting was to meet the Ordinance requirement for Karen Wilson to be provided the opportunity to address the allegations against her. CM Heidner motioned to adopt the minutes of August 11, 1997 as corrected. Seconded by CM Wendel. All in favor. Motion carried. h Workshop on Budget of August 13, 1997, CM Heidner noted on the bottom of the first page that removing a full time maintenance person was in regards to the Parks and Recreation Budget. CM Berning noted on Page 2, under the Police Budget, he asked for a consideration of increase in hours for police. CM Berning motioned to approve the August 13, 1997 Budget Minutes as amended. Seconded by CM Heidner. All in favor. Motion carried. sk Otsego City Council Meeting of August 26, 1997, cont'd. Page 2. 4. Open Forum: 4.1. Special presentation by Mike Emberton, Allied American Mortgag�f irooknter. In_c.,_19210 Evans Street, Suite 100 k River regardingdevelopment of Don Grengin is land (see attached letter). Mike Emberton stated he needed to clarify issues that are on the table and would like to proceed with the project. In previous discussions with the Council on review of this project he was requested to consider water and sewer for this project and address other City Council concerns. It was his understanding that he could modify the current application. It was Bob Kirmis' opinion that with sewer service the density would increase, which he feels would be a substantial change from the first application, which was presented at the Public Hearing and a new application would be needed. Mr. MacArthur noted the previous application was for the land north of CSAH 39 and at the time of the Moratorium this land north of CSAH 39 was to be excluded from the moratorium. He also stated that there are statuary limitations of what the public hears. These modifications will be completely different from what the public has heard. After considerable discussion between the Council, Staff and Mr. Emberton, CM Heidner motioned to bring this issue of Ordinance Amendment to exempt the southern part of this property from the Moratorium at the September S, 1997 City Council Meeting. Seconded by CM Wendel. All in favor. Motion carried. Mr. MacArthur stated that if a moratorium amendment is passed he stands firm, that a new application is needed and it will have to go back to a Public Hearing. Also that during the process, the city will be looking at the Comprehensive Plan and the Council will be addressing this area. __ _ —. n —. — _._ A 11 A ______a_..._11 Harlan Rask stated the Association is strictly volunteers and the only money that goes out is for mowing and there is no insurance involved. The Council agreed there is a concern with liability coverage since this is City property and directed Mr. MacArthur to review this issue for the next council meeting. 4.3_ Any Onen Forum_ Chris Bulow, 9466 Nashua Avenue, addressed the Council regarding the Cook property located at CSAH 39 and Nashua Avenue if it could be developed. Mr. Kirmis and Mr. MacArthur stated they feel the moratorium prohibits what is being proposed. The Council directed Mr. MacArthur to review for the next City Council Meeting. Otsego City Council Meeting of August 26, 1997, cont'd. Page 3. John Irmiter, 10440 Kahler Avenue, Island View. He is here regarding his driveway. He feels the wrong material was dumped on it and understood all driveways would be restored to their original condition as the result of the street improvement project. He wants this resolved. Mayor Fournier stated this will be addressed under the Engineering Items. 5. Consent Agenda_ 5.1. Consider Resolution Re: Support of Superior Landfill. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. 5.2_ Reschedule date for Sewer and Water Workshop re: Information/ Meeting to 6:30 PM Wednesday., August 27, 1997, CM Heidner motioned to adopt the Consent Agenda as amended. Seconded by CM Ackerman. All in favor. Motion carried. 6. Bob Kirmis, Assistant City Planner_ 6.1. Consider Dwight and Marion McKenzie, PID 118-033-002090. Lot 9 Block 2, Vasseur's 2nd Addition, request is as follows: Bob Kirmis presented the Planner Report. Mr. McKenzie stated that he lost his garage during the July 1, 1997 storm. He feels this should be grandfathered in and they are in a hurry to rebuild. A CUP to allow more than one detached accessory building in R-3 Residential (Immediate Urban Service Area). CM Wendel motioned to accept the Planning Commissions recommendation to approve the Conditional Use Permit to allow the construction of more than one detached accessory building subject to the six conditions listed in the Findings of Fact. Seconded by CM Ackerman. All in favor. Motion carried. 6.2. Consider John Daniels,, L PID 1 1 8-1 32-002020 reams Bob Kirmis presented the Planner Report. CM Heidner motioned to adopt the Zoning Text Amendment to allow Limited accessory storage and lease of truck trailers as a Conditional Use in an I-2 District. Seconded by CM Wendel. CM Heidner withdrew his motion. CM Wendel motioned to accept the Planning Commission Recommendation and approve the Zoning Text Amendment as presented. Seconded by Mayor Fournier. All in favor. Motion carried. Otsego City Council Meeting of August 26, 1997, cont'd. Page 4. B Consider a Conditional Use Permit to allow: a Limited accessory storage and lease of truck trailers in an I-2 Gen_ Ind. Dist.) h Trick wash and service in an I-2 (Gen_ Ind. Dist_) CM Heidner motioned to approve the Conditional Use Permit to allow Limited accessory storage and lease of truck trailers in an I-2 General Industrial District and Truck wash and service in an I-2 General Industrial District subject to the 19 conditions listed in the Findings of Fact. Seconded by CM Wendel. All in favor. Motion carried. C Consider a Variance to the Otsep Sign Ordinance to allow: a Variance from the max_ 100 sqfoot business Iden ification signer girements (Sign of 400 sq. ft.l CM Heidner motioned to deny the Variance Request to the Otsego Sign Ordinance. Seconded by Mayor Fournier. Voting For the Motion: Mayor Fournier, CM Heidner, CM Ackerman, CM Berning. Voting Against the Motion: CM Wendel Motion carried four (4) to one (1). CM Heidner motioned that we do not send back to the Planning Commission for reconsideration of sign ordinance as it was previously reviewed by the Planning Commission. Seconded by CM Ackerman. Voting For the Motion: CM Ackerman, CM Heidner Voting Against the Motion: CM Wendel, CM Berning, Mayor Fournier Motion failed three (3) to two (2). CM Wendel motioned to send this issue of reviewing the Sign Ordinance to the Planning Commission. Motion failed for a lack of a second. 63_ Consider applicant T n Ellen Bouley, 6662 I Bob presented the Planner's Report. a Mr. Buirge stated he wants to maintain the Ag. integrity and allow as much land used for agricultural. CM Berning motioned to approve the Conditional Use Permit to allow more than 2.5 acres on a one per forty split of A-1 Ag Land in the Rural Zoning District subject to the ten conditions listed in the Findings of Fact. Seconded by CM Heidner. All in favor. Motion carried. Otsego City Council Meeting of August 26, 1997, cont'd. Page 5. 7 Andrew MacArthur.City Attorney* Consent Agenda Item 5-1. Consider Resolution Re* Support of Superior Landfill. Mr. MacArthur recommended to the City Council not to take action on this Resolution. CM Heidner motioned for staff to prepare a draft letter, for Council reviewal at the next City Council meeting, to the County Planning Commission indicating Otsego would prefer their ordinance not allow landfills placed within a certain distance of Otsego's boundary. Seconded by CM Ackerman. All in favor. Motion carried. Mayor Fournier requested this be placed on the next City Council Agenda. 7-L Discussion of 62nd Street Mr. MacArthur went over his letter of August 20, 1997. Mayor Fournier motioned City Policy would be to plow private roadways if there are two or more benefiting parties, provided they sign a waiver and pay plowing costs. Motion died for a lack of a second. 7-2. Any other Legal Business_ Mr. MacArthur noted the Wilson property was cleaned up by the property owners. Mayor Fournier stated that on September 3rd, 3 PM, Andy will be meeting with the Darkenwalds. This meeting cost will come out of the Council Special Project Budget. At 5:30 PM, CM Heidner and Mayor Fournier will be going over the applications for the Interim City Administrator. 8 Kevin Kielb, City�n_gineer: 9-1. Public Works Items: A Consider final payment to Northwest Asphalt Maintenance Inc_ for rubberized crack sealing_ CM Berning motioned to approve final payment of $43,396.32. Seconded by CM Heidner. All in favor. Motion carried. CM Berning motioned to approve final payment of $10,981.55 to Thermogas, Inc., for dust control contract. Seconded by Mayor Fournier. All in favor. Motion carried. Mayor Fournier noted Kadler Avenue dust control costs will be shared by Wright County and the City of Albertville. Mr. Kielb recommended approval of final payment contingent upon resolving the driveway issue at 10440 Kahler Avenue. Otsego City Council Meeting of August 26, 1997, cont'd. Page 6. CM Heidner motioned approval of final payment for Public Improvement Project No. 95-2 Island View Estates contingent upon resolving the driveway issue at 10440 Kahler Avenue. Seconded by CM Ackerman. All in favor. Motion carried. 8 Update/consideration of application submittal to Water Revolving Loan Fund" Mr. Kielb reported that as of this date, sixty-two million dollars has been requested from this Fund and, therefore, Otsego's chances for funding from this Fund is not good. 8.4_ Any other gineering Business_ The Council discussed with John Irmiter, 10440 Kahler Avenue, the condition of his driveway. Mr. Irmiter does not feel that his driveway was restored to the same condition prior to the street improvement project in Island View Estates. Mr. Irmiter had recycled concrete. The material placed by the City's contractor has clay, wire and pieces of glass which is a hazard. Mr. Kielb requested that the homeowner find out exactly what type of material he wants placed and Mr. Kielb will handle this. Mr. Kielb also reported on the drainage concerns brought up at the last Council Meeting with Heritage Plains. He noted this is a local problem which has always been there and the project will help. 9. Council Items: 9-1. Discussion of Water and Sewer (any issued. a Consider date for Sewer and Water Public Information Meeting. CM Wendel motioned to set September 15, Monday tentatively 7 PM. Seconded by CM Ackerman. All in favor. Motion carried. 9.2. Clarify if City pole building is to he insured. CM Heidner motioned to insure the City Hall's pole building for $35,000 at $102 annually. Seconded by CM Ackerman. All in favor. Motion carried. 9.3_ Consider Wright Hennepin lighting proposal TheCouncil discussed with Leo Offerman, Wright -Hennepin Electric, the proposal for City Hall Lighting. The Council asked if there could be further reduction on the amount proposed. Mr. Offerman will discuss with his General Manager and come back to the next City Council Meeting. 9.4. Reconsider meeting date for Workshop with Darkenwalds. The Council agreed for Mayor Fournier and Andrew MacArthur to meet with the Darkenwalds on September 3 and report back to the City Council on September 8th. Otsego City Council Meeting of August 26, 1997, cont'd. Page 7. 9.5. Any other Council Business - 9 -5 a usiness_9.5_a Set a date for Truth and Taxation meeting. CM Heidner motioned to set Thursday, December 11, 1997 6:30 PM and the alternate date of December 18, 1197 6:30 PM. Seconded by CM Ackerman. All in favor. Motion carried. 9-5.b. Contract for repair of steps at old City Hall_ CM Berning motioned to authorize the City Clerk to sign an agreement for the repair work of the steps at the old City Hall. Seconded by CM Ackerman. All in favor. Motion carried. Elaine Beatty noted this amount will be reimbursed from Head Start through a Grant Program. 9.5.c. Community Rec. Budget The Council discussed the Community Rec. Budget. CM Wendel motioned for Otsego to drop out of the Community Rec. Program. Seconded by CM Ackerman. After further Council discussion CM Wendel withdrew her motion. CM Ackerman approved as the second. CM Wendel motioned to send a letter to Community Recreation stating Otsego is thinking of dropping out because of the increase in assessment. Seconded by CM Ackerman. CM Wendel withdrew her motion. CM Ackerman approved as the second. CM Wendel motioned to contact Community Recreation and inform them that Otsego intends to drop out of the Joint Powers Agreement. Seconded by CM Ackerman. Voting For the Motion: CM Ackerman, CM Wendel, CM Heidner, Mayor Fournier Voting Against the Motion: CM Berning Motion carried four (4) to one (1). CM Berning motioned for the Council to submit reasons and questions for the Community Recreation Program. Seconded by CM Heidner. All in favor. Motion carried. CM Berning requested these reasons and questions be submitted to the office. 9S_d. Brush Pickup update Elaine Beatty reported Morrell has been in Otsego approximately one and three-quarter days and there is still more to pick up in the City's ROW. Elaine also updated the Council the Federal Disaster Relief Program and is waiting for more information. Elaine stated this money went into the General Fund for Clean Up. Otsego City Council Meeting of August 26, 1997, cont'd. Page 8. 9.6. City Clerk's Update. See above. 9.7. Consider Claims List for Approval CM Heidner motioned we drop out of the Elk River Chamber of Commerce. Seconded by CM Wendel. All in favor. Motion carried. CM Heidner motioned to adopt the Claims List with the exception of the check to the Elk River Chamber of Commerce and the Damage Refund Check of $380. Seconded by CM Ackerman. All in favor. Motion carried. 9.8- Adjourn by 10 PM. CM Ackerman motioned to adjourn. Seconded by CM Berning. All in favor. Motion carried. ourned at 10:19, PM ttest: Elaine Beatty, City ClerW)Zoning Adm. Re o de y: Judy Hudson, Deputy Clerk City Seal