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09-25-97 CCCITY OF OTSEGO WRIGHT COUNTY, MINNESOTA CITY COUNCIL MEETING 6:30 PM COUNCIL CHAMBERS OTSEGO CITY HALL SEPTEMBER 25, 1997 I Mayor Fournier will call meeting er_ Mayor Fournier called the September 25, 1997 City Council Meeting at 6:30 PM. A Pledge of lAleg n P Mayor Fournier led in the Pledge of Allegiance. Mayor Larry Fournier; Councilmembers: Mark Berning, Vern Heidner, Virginia Wendel, Suzanne Ackerman. Staff: Andrew MacArthur, City Attorney; Bob Kirmis, Assistant City Planner; Kevin Kielb, City Engineer; David Licht, City Planner; Elaine Beatty, City Clerk/Zoning Administrator; Judy Hudson, Deputy Clerk. Also in attendance: Ted Field and Tom Roushar of Bonestroo, Project Engineers; John Harwood of Hakanson, Anderson, Project Engineer. Consider Agenda_Approval" CM Wendel requested an addition under Item 9.6 Discussion of Peavey House CM Heidner requested the removal of Items 5.1. and 5.2. Consent Agenda and placed under Item 9.6. Mayor Fournier requested an addition under Item 9.6. Appointment of subcommittee to meet with the City of Albertville to discuss maintenance of boundary roads. Another addition under Item 9.6. Consideration of Resolution Authorizing Execution of Sub -Grant Agreement. CM Heidner motioned to adopt the September 25, 1997 City Council Agenda as amended. Seconded by CM Ackerman. All in favor. Motion carried. I Consider Minutes* a Regular Council Meeting of 9_A_97 CM Heidner motioned to adopt the September 8, 1997 City Council Minutes. Seconded by CM Ackerman. All in favor. Motion carried. ' Special Workshop on Sewer annd Water/Infor Meeting 9-10_97 Mayor Fournier noted two corrections: Page 1, Item 2, second paragraph, the word considering selling the city land rather than willing; page 3 should be conservative rather than conservation. CM Berning motioned to adopt the September 10, 1997 Special Workshop Minutes. Seconded by CM Wendel. All in favor. Motion carried. Otsego City Council Meeting of September 25, 1997, cont'd. Page 2. c Public Informational/Pnhlic Hearing on Sewer and Water Meeting 9 -15 -97 - CM Wendel motioned to approve the September 15, 1997 Public Informational/Pubic Hearing on Sewer and Water Minutes. Seconded by CM Ackerman. All in favor. Motion carried. 4_ Open Forum: 4-1- Special Presentation: a. Leo Offermann, Wright Henne in'n Lighting Program (additional information). Mr. Offerman stated the only change with the new lighting proposal from the previous proposal is the financing from Wright Hennepin which is now zero percent for two years. CM Heidner thanked Mr. Offerman for all his work and attendance at the meeting and for the interest free loan. (This will be considered under Item 9.6.) h Gary Groen - Present August Financial .Mr. Groen was not in attendance due to a family emergency. Mayor Fournier requested this Item be placed on the October 13, 1997 City Council Agenda. Fabian Sadowski, 15237 85th Street. Mr. Sadowsky expressed concern regarding the Firearms Ordinance in which his property was included in the No Discharge Zone. CM Heidner explained that a citizens committee worked on this ordinance over two years ago. Mr. MacArthur explained the process for a request for an amendment change. Mr. Sadowski's also encouraged the Council to make a decision on the Sewer and Water Project, otherwise, to continue allowing the one acre lots. Steve Ackerman, Packard Avenue, Stated in reference to Mr. Sadowsky's concern on the boundary lines for the Firearms Ordinance, that he was on this committee and many months were spent on drawing the lines. The lines were drawn for simplicity and enforcement reasons. William Fenneson, 5634 Quilley Avenue. Mr. Fenneson asked if there was any literature on the Sewer Project and if the plant site is changing from what is currently being proposed. He was given the information that was distributed at the Public Hearing on September 15 and informed the final site has not.been selected. •n - : •-, Set'Budget Workshop for October S. 1997 :•r;Sub-committee Meeting :' • '•u Administrator for October 9. 1997 - Directly Following Budget Workshop, These items were removed and placed under Item • • Otsego City Council Meeting of September 25, 1997, cont'd. Page 3. 6 Bob Kirmis, Assistant City Planrim (Note: Item 6.2. was considered prior to 6. 1.) 61- Consider Dick Larson, President of Mississippi Riverwood Association- Inc., 8660 Hwy 101. Otsego MN 5231121 R23 PID 118-500-233 I()Q R 119--500-?;?.361equest is as fo11_ows: A An amendment to the�ting Conditional -se Permit to clarify conditions_ Mr. Kirmis presented the Planner's Report. Mr. Kirmis noted the Planning Commission recommended Option B. Mr. William Pribyl, attorney representing the applicant, stated he supports the Planning Commission's recommendation. CM Heidner motioned to approve the Conditional Use Permit Amendment for Mississippi Riverwood Associates, Inc., to allow a commercial outdoor recreational use within an A-1, Agricultural Rural Service District subject to the fifteen (15) conditions listed in the Findings of Fact. Seconded by CM Wendel. Voting For the Motion: CM Berning, CM Heidner, CM Wendel, Mayor Fournier Voting Against the Motion: CM Ackerman Motion carried four (4) to one (1). i Mr. Kirmis presented the Planner's report. Mr. Guy Row stated he has no objection to Number 7 (willing to enter into a written agreement with the City releasing any liability within the 87th Street ROW). CM Heidner motioned to approve the Conditional Use Permit subject to the seven (7) conditions listed in the Findings of Fact. Seconded by CM Berning. All in favor. Motion carried. 6-3. Any other 1)1@nning business. 7 Andrew MacArthur, City Attorney: 7-1- Discussion and decision of ownership of wastewater trea=fj ant. (SPP 9 -3 - This 3 This was discussed under Item 8.3. 7Consider adoption o Qrdinanee RF itv thics Mayor Fournier requested this Item be placed on the October 13, 1997 City Council Agenda. Otsego City Council Meeting of September 25, 1997, cont'd. Page 4. 7-3- Any other gal Business. Mr. MacArthur stated he recently talked to the ISD 728 Attorney, prior to their closed meeting regarding the City's well. He went over several issues and requested their attorney to bring them up at their closed meeting. Mr. MacArthur will keep the Council informed. 8 Kevin Kielb, City_Engineer. 8-1- Package versus Custom Plant Dtcision Mr. Kielb went over several issues. The recommended alternative in the Facility Plan is the Custom Plant. Ted Field, Bonestroo, stated the recommendation of Custom Plant was based on non -cost factors and greater flexibility in operating and less cost of expansion. Mr. Kielb noted the motion for plant will be made with the adoption of the Facility Plan. &I Consider ownership of1p ant. Mr. MacArthur went over his letter of September 25, 1997 (attached) outlining his discussions with Dayton's City Attorney and City officials regarding the issue of what entity would own and operate the proposed wastewater treatment facility. From his discussions with city officials and since the city has to make an indication to the MPGA, Mr. MacArthur recommended the city should go ahead and submit with the intent that Otsego would own the plant. 9_1_ Consider adoption of Resolution Acce iri Fa i iQ­s Plan CM Heidner motioned to adopt Resolution 97-13, Resolution Adopting Facility Plan dated September 1997 as amended with the removal of Item 3. Seconded by CM Ackerman. Discussion: CM Berning questioned the site location and line size. Mr. Kielb responded this issue needs to be clarified but the plan indicates the general location. CM Berning also expressed concern with site located in the e,-st and encouraging developers in the west to build their own plants which could jeopardize this plant with the city competing with everyone else. He also stated concerns if Otsego wants the houses he than has questions in policy agreements which encourage development outside of sewer area thus continuing to compete with plant hookups. CM Berning also stated support for sewer areas where everyone is assessed because of benefit and would help with initial costs if there are not enough hookups in the first year. CM Berning also stated the Comprehensive Plan should have been looked at prior to approval of this project. Voting For the Motion: Mayor Fournier, CM Ackerman, CM Heidner, CM Wendel. Voting Against the Motion: CM Berning Motion carried four (4) to one (1). Otsego City Council Meeting of September 25, 1997, cont'd. Page 5. 8-4Any other Fngineering Rosiness_ Consider adoption of Resolution Accepting ni ary Sewer Collection System Study - CM udy.CM Wendel motioned to accept Resolution 97-14 Adopting Sanitary Sewer Collection System Study. Seconded by CM Heidner. Voting For the Motion: Mayor Fournier, CM Ackerman, CM Heidner, CM Wendel. Voting Against the Motion: CM Berning Motion carried four (4) to one (1). h CQjlsider adoption of Resolution Accepting Financial Plan - CM Wendel motioned to adopt Resolution 97-15 Adopting Financial Plan, removing Item 3. Seconded by CM Ackerman. All in favor. Motion carried. Preparation of Declaration of Ownership. CM Heidner motioned when the Facilities Plan is submitted to MPCA to indicate that the City of Otsego will be the owner of the plant with a User Agreement to sell capacity to the City of Dayton. Seconded by CM Ackerman. All in favor. Motion carried. CM Heidner motioned that the supplemental information that needs to be submitted with the Facilities Plan and Collection Plans be provided by the City Attorney and Staff. Seconded by Mayor Fournier. Discussion: CM Heidner stated the costs of the supplemental information does not appear to be very large and Dayton's share of hard costs will be passed on to them. Voting For the Motion: Mayor Fournier, CM Heidner, CM Wendel, CM Ackerman. Voting Against the Motion: CM Berning. Motion carried four (4) to one (1). Mr. Kielb noted an EAW will have to be prepared for the site and also one for the collection system. Ted Field noted the EAW doesn't have to be submitted with the Facilities Plan but he recommended a final determination of the site be decided before an EAW is prepared, which should be done in October. Mayor Fournier requested the Ordering of Plans and Specs be placed on the next City Council Agenda. Mayor Fournier set October 15, 1997, 7 PM, Special City Council Meeting for the purpose of finalizing the site for the Wastewater Treatment Plant. Kevin Kielb noted the repair work on Odean Avenue will start next week. Otsego City Council Meeting of September 2�, 1997, cont'd. Page 6. 9. Council Items_ 9.1. Discussion of Community Recreation Issues (CCI Bernincy) CM Berning reported that the City of Elk River will process Community Rec's. payroll starting in November. Otsego's main recreational event was T -Ball this year. This event showed a profit which Otsego will be reimbursed. He reported the Cities of Elk River and Rogers will continue to work together and stay in the program. CM Berning reported Community Rec. may be looking at a non-resident fee increase and may be looking at a higher limitation of participation for non-residents. Jeff Bartheld, Chair of Otsego's Parks Commission, questioned what the City plans on doing for any recreational programs and supervision. Mayor Fournier requested different options and a recommendation from the Parks Commission. Mr. Bartheld noted there is $12,500 approved by the Council from the MSA Fund this year and only $2,000 was spent. He questioned if the balance can be rolled over into FY98 Project. CM Berning noted there shouldn't be a problem with the budget because the Parks has $45,000 in Park Development Fund, $40,000 will be coming in, therefore, they will have the $60,000 for the trail cost. Mr. Bartheld also encouraged the Council to collect interest on the deferred Park and Trail Dedication Fees. 9.2. Discussion of Otsego Park and Rec. Issues (CM Beminsj a Consider applicant Michelle Tarka for Alternate Position Park and n Recs. Mayor Fournier motioned to accept Michelle Tarka for alternate position for the Park and Recs. Commission. Seconded by CM Ackerman. All in favor. Motion carried. 9.3. Consider resignation of William M_ Jones from Alternate Planning Commission position, (See attached letter from Mr. Jones) CM Berning motioned to accept the resignation of William M. Jones as alternate member of the Planning Commission. Seconded by CM Heidner. All in favor. Motion carried. 9.4. Consider direction to City Planner to continue work on Comp- Plan. It was the consensus of the Council to hold off work on the Comprehensive Plan for six weeks. 9 > Discussion and decision re: Headstart rental/Grant CM Berning motioned to continue the lease with Headstart for another rive (5) years. Seconded by CM Ackerman. All in favor. Motion carried. 9.6. Any other Council Business a Consider renewal of Insurance with LMC (See attached Infor from Dan Greenj CM Berning motioned to renew the insurance with League of Minnesota Cities. Seconded by CM Heidner. All in favor. Motion carried. Otsego City Council Meeting of September 25, 1997, cont'd. page 7. h Sub -Committee to meet with Albertville Mayor Fournier explained this sub -committee would plan future maintenance of boundary roads and related issues. Mayor Fournier appointed CM Ackerman and CM Wendel as the sub -committee. C Sub Cir na t Agreement for Federal Assistance CM Heidner motioned to approve Resolution 97-12, authorizing execution of Sub - Grant Agreement with the Division of Emergency Management in the MN for FEMA. Seconded by CM Berning. All in favor. Motion carried. cl CQnsent Agenda T .ms 5.1. Set Budget Workshop of October 8, 1997 - 4 PNL. The Council agreed to leave October 8, 1997 for the Budget Workshop. 5_1 Set Adm Suh ommittee Meeting rP Tn .rim Administrator for October 8, 1997 Directlyfoil owing Budcget WWorkshQp Mayor Fournier set October 1, 1997 at 4 PM for this meeting. e Peavey House CM Wendel had a Realtor approach her to see if the City would be willing to sell this property. She talked to the Heritage Commission and they are going to write a letter to the Council with reasons why the City should not sell it. g, Considf,.r2tion of WriahLHcnnepinl.ighIing roaram_ CM Heidner motioned to accept Wright Hennepin's offer to upgrade the lighting system with payments over two years with no interest. Seconded by CM Berning. All in favor. Motion carried. 97- City Clerk's Update" Elaine Beatty reported that Springstead is Dayton's Financial Consultant. She also noted that Ron Black is interested in being the Civil Defense Director. The Council would like the Interim City Administrator to work on this. 9X Consider Claims List for Anoroval CM Heidner suggested approximately $7500 of Hakanson Anderson Invoice for the Street Assessment Study should come out of the Council Discrepancy Fund. The Council agreed. CM Berning motioned to adopt the Claims List as presented. Seconded by CM Heidner. All in favor. Motion carried. Mayor Fournier, CM Wendel and CM Ackerman requested to be signed for the regional meeting at the City of Corcoran held on October 9, 1997. 9-9. Adjourn y 10 PM CM Heidner motioned to adjourn. Seconded by CM Ackerman. All in favor. Motion carried. Otsego City Council Meeting of September 25, 1997, cont'd. Page 8. Meeting adjourned at 9: Beatty, City Clerk/Zonii* Administrator Recorded by: Judy Hudson, Deputy Clerk City Seal