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09-08-97 CCCITY OF OTSEGO WRIGHT COUNTY, MINNESOTA CITY COUNCIL MEETING 6:30 PM COUNCIL CHAMBERS OTSEGO CITY HALL SEPTEMBER 8, 1997 1. Mayor will call meeting to order: Mayor Larry Fournier called the September 8, 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, Vern Heidner, Mark Berning, Suzanne Ackerman Staff: Andrew MacArthur, City Attorney; Bob Kirmis, Assistant City Planner; Kevin Kielb, City Engineer; Elaine Beatty, City Clerk/Zoning Administrator; Judy Hudson, Deputy Clerk. 2. Consider Agendarnn oval" CM Wendel requested an addition under Item 9: Information from the FEMA Meeting. CM Berning requested deletion of Item 9.1. Discussion of Water and Sewer and 9. La. Discussion of H. Page 2 and 3 of Otsego - Sewer System Study: Policies. Mayor Fournier suggested to move this Item to Wednesday's Workshop (9-10-97) CM Berning agreed. Mayor Fournier also requested to move Item 9.3. under Item 6.2.. Also the addition of Item 7.5. Report on the Darkenwald Meeting. Mayor Fournier requested to remove Item 5.1 from the Consent Agenda and place under Item 4. Open Forum. CM Ackerman motioned to approve the September 8, 1997 City Council Agenda as amended. Seconded by CM Wendel. All in favor. Motion carried. a. Workshop for financing sewer and water of August 5 1997_ CM Wendel motioned to approve the minutes. Seconded by CM Ackerman. All in favor. Motion carried. h. Regular Council Minutes of August 26, 1997 Mayor Fournier motioned to approve the minutes. Seconded by CM Ackerman. All in favor. Motion carried. C. Workshop on Budget of August 271997 CM Heidner motioned to approve the minutes. Seconded by CM Wendel. Voting For the Motion: CM Berning, CM Heidner, CM Wendel, Mayor Fournier Abstained: CM Ackerman (was not in attendance) Motion carried. Otsego City Council Meeting of September 8, 1997, contd. Page 2. d. Workshop on Sewer and Water Information Meeting of August 27 1997 CM Ackerman motioned to approve the minutes. Seconded by CM Wendel. All in favor. Motion carried. ;iii iTitJ lif�L Mr. Groen went over the July Financial Statement. He also went over a proposed Resolution for the proposed tax levy for 1998 Budget Appropriation which needs to be signed. CM Berning motioned to adopt Resolution No. 97-10, Resolution approving a Proposed tax levy for 1998 Budget Appropriations. Seconded by CM Heidner. All in favor. Motion carried. Mayor Fournier directed Gray Groen and Staff to suggest a date for a Budget Workshop at the next council meeting. Open Forum David Schroeder, 10790 95th Street. Mr. Schroeder voiced his concerns over a billing from City Hall from the recent Conditional Use Permit process he went through. He feels the $300 that he paid into the Escrow Account should be a refundable amount but not only he didn't receive the escrow back he was billed for an additional $325.63 amount due. He checked with Buffalo, Elk River, Monticello, Frankfort, Maple Grove and Otsego has the highest Fee. He asked for Council consideration on this and requested to be treated fairly. Mayor Fournier suggested Mr. Schroeder meet with staff to review this bill. Jay Swanson, 9320 Kahler Avenue. He reiterated Mr. Schroder's opinion on billing. He also went through the Conditional Use Permit process and was billed for an additional $211.61. He requested the Council to look into this. Mayor Fournier directed him to meet with staff. Mrs. Norbert Chapp, Needham Avenue. Also spoke in concern with the additional billing she received from the city from the Conditional Use Permit Process. She felt they were punished for improving their property. Chris Bulow, 9446 Nashua. He discussed the Cathy Cook property (CSAH 39 and Nashua Avenue). He requested the Council to include her property in the proposed amendment to the Moratorium. Mayor Fournier said he will include this discussion under the Legal Items. 5. Consent Agenda, 5.1. Approve Preliminar; Tax Levy for 1998 (See information from Gary Groen)- This was removed and placed under Item 4. Otsego City Council Meeting of September 8, 1997, contd. Page 3. 6. Bob Kirmis, Assistant City -Planner: Mr. Kirmis presented the Planner's Report. 6.1. Consider Herman Moseng. Jr.,and Patricia H. Joint Tenants, 14353 8 1 st StreetNE, Otsego MN 118-036-003040 La B3 Walesch Estates, S21 T121 R23, County of Wright. City of Otsego. Request is as follows: a. Conditional Use Permit to allow more than one detached accessory building on a residential lot CM Berning motioned to approve the Conditional Use Permit to allow construction of more than one detached accessory building in association with a detached single family residential use as recommended by the Planning Commission and subject to the five (5) conditions listed in the Findings of Fact. Seconded by CM Wendel. All in favor. Motion carried. CM Heidner requested Office Staff to check with Albertville, Elk River, Monticello, Dayton, Buffalo and Rogers and find out what their requirements are for accessory buildings and what they allow along with their fee schedules. 62,_ Any other 1 nni gb usi iness. a. Otsego - Superior ECR Landfill, Inc., - Draft letter to Wright Co. Board of Commissioners (See 9.3.1 CM Benning suggested for the last sentence in the last paragraph of the draft letter to read "including a separation distance from the City of Otsego's municipal boundaries." Therefore leaving off the word minimum and of not less than feet. Mr. Kirmis suggested to leave the word minimum in this sentence. CM Benning agreed. CM Heidner motioned to send the letter to the Wright County Board of Commissioners as drafted with the amended changes as stated above. Seconded by Mayor Fournier. All in favor. Motion carried. 7. Andrew MacArthur. City Attorney Since Mr. MacArthur did not arrive until 8:25 PM, the City Council went on to the other Items on the Agenda prior to Item 7. 7.1. Consider moratorium amendment requested by Mike Emberton ( it eninger property development South of CSAH 391 Staff and the City Council discussed Mr. Emberton's request. CM Heidner motioned to adopt Resolution 97-11, Resolution amending Otsego Ordinance No. 97-03, clarifying which properties are exempt from the Moratorium. Seconded by CM Wendel. Discussion: CM Berning stated he can not support this motion for the following reasons: 1. This is a different proposal than the submitted development plan. 2. As of the last meeting, applicant had no MPCA permit. Otsego City Council Meeting of September 8, 1997, cont'd. Page 4. 3. If Council allows moratorium to be altered others will asked for the same. 4. Moratorium is in place because this City Council has enough major decisions. 5. This issue will be better addressed in the Comprehensive Plan. Mayor Fournier motioned to amend the motion to include the Cathy Cook property. Mr. MacArthur advised it would be better for two separate motions. Mayor Fournier withdrew his motion. Voting For the Original Motion: CM Wendel, CM Heidner, Mayor Fournier Voting Against the Motion: CM Ackerman, CM Berning Motion carried three (3) to two (2). The Cathy Cook request. After Council discussion, Mayor Fournier declared the issue over for a lack of a motion. 7.2. Disscusson on CemeterT Statutes Mr. MacArthur reported it appears that half of the Cemetery is owned by the City and half is owned by the Cemetery Association. Mr. MacArthur recommended that the ownership of the two parcels is clarified which will need someone to look at the County Records. If the City gives this property to the Association, Mr. MacArthur advised that the City make sure the Association is properly organized. Mayor Fournier appointed CM Heidner to research this at the County and follow through on this issue. CM Heidner declined. CM Wendel volunteered. Mayor Fournier motioned for a paralegal to research the deeds at the County and if there, transfer to the Cemetery Association. Seconded by CM Heidner. Discussion: CM Berning suggested that before this motion the City should contact the Association for their input. Mr. MacArthur supported this suggestion. CM Heidner motioned to amend the Motion for the City to spend up to $200.00 to set up a proper association. Seconded by CM Berning. Voting For the Amended Motion: All in favor. Motion carried. Mayor Fournier withdrew the original Motion. CM Heidner withdrew his second. CM Berning motioned to contact the Cemetery Association to determine what their wishes are whether they want to be a legal association and to find out if they have the abstract. Seconded by Mayor Fournier. All in favor. Motion carried. CM Heidner motioned to contact the Association and that the City will spend up to $200.00 to make sure all the legals are met. Seconded by CM Wendel. All in favor. Motion carried. Otsego City Council Meeting of September 8, 1997, cont'd. Page 5. 7.3. Discussion of joint Powers Agreement Re: Dayton/Otsego Mr. MacArthur went over his letter of September 3, 1997 regarding choice of Entity for Sewer Treatment Plant. Phil Forseth, Mayor of Dayton, was in attendance. He stated he was always under the impression that both cities would share ownership of the plant. One advantage of joint ownership would be the sharing of the liability. There was further discussion of issues of joint ownership: Initially Dayton would have more users, bonding, future capacity and therefore location of plant, sewer district and the control such a group would have. If Joint Powers - when to start it, especially in regards to requiring land. Mayor Fournier suggested to continue this discussion at the Otsego Workshop on September 10, 1997 and at the Dayton Meeting on September 11, 1997. 7.4_ Joint Road Maintenance with Albertville. Mr. MacArthur briefly went over the proposed Maintenance Agreement. CM Berning motioned to accept the Maintenance Agreement and send it to Albertville. Seconded by CM Ackerman. All in favor. Motion carried. Council directed that a separate bill be sent to Albertville for work completed in 1997. CM Berning questioned the Engineer and Planner regarding leap frog development. In the minutes of August 5, 1997, Mr. John Harwood reference that the City would pay the cost for this but under NAC's Memo of September 1997, II.K. recommends leap frog development should be avoided unless the costs are funded by the developer. CM Berning suggested for the Engineer and Planner discuss this. 7.5 Any other Legal Business. There was none. 8. Kevin Kielb,City Engineen This Item started at 7:24 PM. 8.1. Presentation of Roadway Rating Report. Kevin Kielb suggested a workshop to review this report and a suggested date will be handled at the first council meeting in November. Mr. Kielb reviewed his attached report. After discussion, the Council supported the suggestion of CM Berning and CM Wendel (Otsego Creek Authority Representatives) meeting with Mr. Kielb to do further review. 8.3. Public Works State Aid U dp ate. Mr. Kielb reported Mike Tardy, Otsego's District State Aid Engineer, has accepted another job but Mr. Kielb will work with his replacement. Otsego City Council Meeting of September 8, 1997, contd. Page 6. 8.4. Any other Engineering Business, Mr. Kielb reported on the progress with Mr. Irmiter, 10440 Kahler Avenue, driveway. They met with the contractor on site and the correct material was brought in. Mr. Kielb will be recommending final payment after the release is signed and he will contact Gary Groen on this. On the Odean crackfilling, Buffalo Bituminous is behind schedule but hopeful they will get to this in September. On the top soiling in Mississippi Shores, it will be worked around Dave Chase's schedule. 9_ Council Items: 9.1. Discussion of Water and Sewer (any issued a. Discussion of II. Page #2 & #3 of Otsego - Sewer System Study: Policies This Item was removed from this agenda and placed on the City Council Workshop for Wednesday, September 10, 1997, 6:30 PM. r.tectric.) t_:ouncti recision on Leming ror catty nail_ Mr. Offerman was not in attendance. nn �___•i__i__ P. i_..__._ �T_1_1_, T_. Tf"n TTom. Addressed under Item 6.2.a. 9.4. Any other Council Business - 9.4.a. usiness.9 4 a Information from the FEMA Meeting of September 4, 1997, CM Wendel attended this meeting at the request of Staff. She reported FEMA will be doing an on-site inspection. CM Berning reminded the Council to write out their concerns with the Community Rec. Program and get these to the office for him by September 15. 9.5. City Clerk's Update Elaine Beatty reminded the Council of the September 11, 1997, 6:30 PM meeting of the Dayton City Council. One of the topics will be Joint Powers Agreement. Mayor Forseth informed the Council that it will be a workshop similar to one the Otsego just recently had on sewer treatment. Elaine informed the Council there has been an increase in the Dental and Medical Premiums and asked for Council consideration of increasing the City's share of premium. An Administrative Staff Meeting was set for September 25, 4 PM, to discuss this issue. Mayor Fournier requested the City Clerk to post the Dayton Meeting as a Special City Council Meeting for September 11, 6:30 PM. Otsego City Council Meeting of September 8, 1997, cont'd. Page 7. 9.E. Consider Claims List for Apnreval CM Berning motioned to accept the Claims List as presented. Seconded by CM Ackerman. All in favor. Motion carried. 9.7. Adjourn by 10 PM CM Ackerman motioned to adjourn. Seconded by Mayor Fournier. All in favor. Motion carried. Meeting adjourned at 10:32 PM. ttest: Elaine Beatty, City Clerk/Zoni Reo de y: Judy Hudson, Deputy Clerk City Seal