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02-24-97 CCCITY OF OTSEGO WRIGHT COUNTY, MINNESOTA CITY COUNCIL MEETING 6:30 PM COUNCIL CHAMBERS OTSEGO CITY HALL FEBRUARY 24, 1997 1 Mayor Larry Fournier will call meeting to order_ Mayor Fournier called the February 24, 1997 City Council Meeting to order at 6:30 PM Ig_ Pledge of Allegi n Mayor Fournier led in the Pledge of Allegiance. Mayor Larry Fournier; Councilmembers: Suzanne Ackerman, Mark Berning, Vern Heidner and Virginia Wendel. Staff: Andrew MacArthur, City Attorney; Bob Kirmis, Assistant City Planner; Larry Koshak, City Engineer; Elaine Beatty, City Clerk/Zoning Administrator; Judy Hudson, Deputy Clerk. Also in attendance, the City's Accountant, Gary Groen. 2. Consider Agendaren oval - Mayor Fournier requested the addition under Item 6.5. Discussion of Planning Commission review of the one per forty splits that can be clustered. Addition under Item 6.5.b. Committee and Commission operations. Addition under Item 8.2.e. Mayor appoint sub -committee for possible solution of water and sewer services to the western side of Otsego. Addition under Item 8.2.f. Set next Sewer and Water Workshop date. CM Heidner motioned to adopt the February 24, 1997 City Council Agenda as amended. Seconded by CM Ackerman. All in favor. Motion carried. 3. Consider Minutes: a. January 27, 1997 Council Meeting Page 3, regarding the ISTEA motion, the amendment was voted on but not on the motion. Voting on the motion: Voting For: CM Ackerman, CM Wendel, CM Berning, Mayor Fournier Voting Against: CM Heidner. Motion carried four (4) to one (1). CM Berning motioned to approve the January 27, 1997 minutes. Seconded by CM Wendel. All in favor. Motion carried. b. February 4, 1997 8.5th St/MSA Council Workshop CM Heidner motioned to approve these minutes. Seconded by CM Ackerman. All in favor. Motion carried. Otsego City Council Meeting of February 24, 1997, cont'd. Page 2. C. Fehruary 10, 1997 Sewer and Water Workshop Meeting CM Wendel motioned to approve these minutes. Seconded by CM Berning. Voting For the Motion: CM Wendel, CM Berning, CM Heidner, Mayor Fournier. Abstained: CM Ackerman, as she did not attend this workshop. Motion carried. I February 10, 1997 City Council Minutes, CM Berning motioned to approve these minutes. Seconded by CM Heidner. All in favor. Motion carried. 4. Oren Forum: Rod Bengston: 89th Street NE resident appeared on Open Forum regarding the Sewer and Water Project. He stated he is favor of servicing the 101 corridor but wants to make sure it is cost effective. He feels the engineering firms should not bill the City for the studies being considered when they have so much to gain by getting this project approved. He went on to say that he feels the engineering firms are double dipping by charging for these studies. He showed an overhead (attached) which showed two options he suggested to the City Council. Lloyd Cyr, resident living on CSAH 36. He stated he is proud to be a citizen of Otsego. He recently read in the paper that the sewer plant has been put on hold. He backs the sewer project because with sewer the City will have good commercial and industry and not the pole buildings and just storage facilities. 41- Present January Financial Information Gary Groen presented the January Financial Statement. The City has completed the conversion to the ADP service. 5. Consent Agenda There were no items on the Consent Agenda. 6_ Bob Kirmis, Assistant citesPlanner: 6.1- Barthel Brothers Dairy Chris Bulow - Conditional use Permit to allow the following: Mr. Kirmis went over the applicant's request. He noted the Planning Commission approved the Conditional Use Permit with a split vote. Mr. Kirmis stated the request meets the terms of the ordinances, and therefore recommends approval subject to the conditions listed in the Findings of Fact. 1. Conditional use Permit to allow transfer of Apert, rights of one per fortysubdivisions to allow a 7 -lot clustered subdivision_ CM Heidner motioned to approve the Conditional Use Permit to allow transfer of property rights of one per forty subdivisions to allow a 7 lot clustered subdivision subject to the conditions listed in the Findings of Fact. Seconded by CM Wendel. Otsego City Council Meeting of February 24, 1997, contd. Page 3. Voting For the Motion: CM Ackerman, CM Heidner, CM Wendel, Mayor Fournier. Voting Against the Motion: CM Berning Motion carried four (4) to one (1). (Discussion occurred between the motion being made and the actual vote) Discussion: CM Heidner and Mayor Fournier stated concern for a seven lot cluster but the City's Ordinance allows this and therefore, would be difficult to deny. 2. Variance for cul -du -sac length. CM Wendel motioned to approve the variance for the cul-de-sac length. Seconded by CM Ackerman. All in favor. Motion carried. 3_ Preliminary In ata ren oval. CM Berning asked the City Engineer if because of the wetland issue, has access to get to the fields been obtained. Mr. Koshak replied he is not aware of this and stated this might be a private matter not involving the City. If a culvert would be installed this would fall under a City permit and easements would have to be obtained. CM Wendel motioned to approve the Preliminary Plat. Seconded by CM Heidner. All in favor. Motion carried. 6.2. Don and Phyllis Greninger/Michael W_ Emberton, Allied Mortgage. L Comprehensive plan amendment to bring area into the Immediate Urban Service Area. ? Rezone from A-1 (General Agricultural) to R-3 Residential. Immediate Urban Service Areal. Mr. Kirmis presented the applicant's request. The Planning Commission's recommendation was to deny with a four - three vote. The Council discussed concerns of septic systems on clay soils and of which most would probably be mound systems. They also discussed the current allowed zoning in this area which allows four per forty. Some of the issues the Council and Mr. Emberton discussed was the possibility of a waste treatment plant and past proposals for this property. Mayor Fournier feels what is needed is a comprehensive solution for this entire area. He asked Mr. Emberton if he would be willing to table his request to review some options as to providing sewer to this area. The City Attorney stated if this request is voted on now and is denied, the applicant can not submit another application for one year. If applicant withdraws his application he will be subject to the moratorium. If application is continued it would still fall under this current application and City could pursue. The applicant should submit his request to continue in writing. Mr. Emberton stated he is familiar with the current moratorium and is aware of the one year time for re-application. He had hoped to avoid this by reducing the size of this project but would be willing to defer if this is the only option. Otsego City Council Meeting of February 24, 1997, cont'd. Page 4. Mayor Fournier wasn't sure if this is his only option. Mr. Emberton requested to table this request. CM Heidner motioned to table this request subject to applicant signing a waiver under Section 1599 until we receive additional information for package treatment plant facility in this area. Seconded by Mayor Fournier. All in favor. Motion carried. CM Heidner asked if the applicant sees they can put in a package treatment plant and want to include extra land into their proposal can the Council amend the moratorium. Mr. MacArthur responded the Council can modify the moratorium but the applicant has to go through the process. 6 Amendments to the Zoning Ordinance as follows: 1 Proposed Amendment of Ordinance Re: Antennas Mr. Kirmis went over the Planning Report of February 10, 1997 and the proposed amendment changes. CM Heidner motioned to adopt the Ordinance No. 97-4, an ordinance amending Section 33 of the Otsego Zoning Ordinance regarding the regulation of antennas. Seconded by CM Berning. All in favor. Motion carried. I Proposed Amendment of Ordinance Re& Business Signs Mr. Kirmis reviewed the proposed amendment. CM Heidner motioned to adopt Ordinance No. 97-5, an ordinance amending the Otsego Zoning Ordinance addressing Business Identification Sign Requirements, specifically Section 20-37-5.C.4. Seconded by CM Ackerman. All in favor. Motion carried. 3 Proposed Amendment of Ordinance Re: Administrative Permit ADDS Mr. Kirmis reviewed the proposed amendment. CM Wendel motioned to adopt Ordinance No. 97-6, an ordinance amending the Otsego Zoning Ordinance addressing Administrative approvals. Seconded by Mayor Fournier. All in favor. Motion carried. 6.4.Kenneth and Patricia Zimmer 1 A Conditional Use Permit to allow relocation of a building (home) Mr. Kirmis went over the applicant's request. CM Berning motioned to approve the Conditional Use Permit to allow relocation of a building subject to the nine conditions listed in the Findings of Fact with a Deed Restriction placed. Seconded by CM Wendel. All in favor. Motion carried. Otsego City Council Meeting of February 24, 1997, cont'd. Page 5. 6.5_a. Discussion of Planning Commission review of number of one per forty splits that can be clustered- Mayor l is r dMayor Fournier stated he feels this would be appropriate to have the Planning Discussion review and discuss this. Mayor Fournier motioned to send this issue to the Planning Commission for discussion and recommendation. Seconded by CM Heidner. All in favor. Motion carried. 6.5.b. Committee and Commission Operations - Mayor r ionsMayor Fournier reserved the right to go back to this Item. 8.L Accept Resolution a nrov. g Feasibility Report for 85th .Street Project and Stormwater Drainage and Order a portion of the eject for 1998 Mr. Koshak presented the proposed Resolution approving the Feasibility Report for the 85th Street project and Stormwater Drainage Study for portions of the Hall's Pond Watershed. The intent is: 1. Before any development in this watershed, would like to have a plan for the stormwater drainage solutions accepted so the study can be utilized for approving additional work in the watershed, which is the primary issue. 2. If any development goes in, accepting this street project would enable the City to collect assessments from the developer through the developers agreement. Mr. MacArthur discussed with the Council if the City has a project there has to be a feasibility study and no statutory limits when it runs out. The City is saying they are accepting the project, plans and specs can be ordered for the Public Hearing and these funds can be absorbed into the MSA Funding. (Mr. Koshak noted even if the project is delayed, these costs still can come out of MSA). Mr. MacArthur also outlined when the City does these projects, there are storm sewer impact fees, which are different for each developer based on engineering studies. Accepting the Feasibility Study will allow staff to determine those fees. Mayor Fournier asked if the City accepts the Feasibility Report will it set the record for the fees. Mr. MacArthur replied yes, but suggested using a different resolution. The Council discussed their concerns with the costs of the project and the possibility of running sewer and water lines along 85th. Otsego City Council Meeting of February 24, 1997, cont'd. Page 6. Mr. Koshak reminded the Council the study reflects estimates and they follow the State's bid estimates since this is a MSA Street. The real numbers are what the bids come in at. Mr. MacArthur stated by accepting the Resolution, the City is accepting the whole report. At the improvement hearing, the issue is whether to go ahead with the project. Mr. Koshak suggested to complete the plan over the next six months, prepare for the Public Hearing where it will be discussed in detail before the public. Mayor Fournier doesn't see the Council ready to do this project but supports accepting the Feasibility Study in order to determine the impact fees. Judy Woods, resident, doesn't see this project going through. Residents that won't benefit won't go along with this. They have been waiting for four years for something to be done and nothing has been done. She requested the City to sandbag a culvert if needed or dig a holding pond in Luconic's field to hold the water down and sandbag on end of 85th Street. Tom Constant doesn't support this project as he feels the assessment is too high. Mr. Koshak said the City follows the Assessment Ordinance on a MSA Street, which pays for the equivalent of a normal street and MSA pays the rest. When the final costs are bid this is looked at again and could go up or down and also the Council can take a different direction. Mr. MacArthur noted the City goes with the appraiser's benefit. Jeff Bartheld, resident, stated he is against this project, assessments would be too high. Randy Reznick asked if the MSA Street requires curb and gutter. He feels maintenance costs will be high with stripping every year and should look at ways of cutting back. He is also concerned with sewer and water coming in a few years and will have those assessments. Mr. Koshak responded that the City made a decision for MSA Streets in the Immediate Service Area would be curb and gutter. He suggested to accept the report and not order the Plans and Specs. Mr. MacArthur suggested to put on hold, come back with a new Resolution just accepting the Feasibility Study and not the Plans and Specs. If the Feasibility Study is accepted, estimates for the street project can be put in the developer's agreements. CM Heidner motioned for the City Engineer to research this and bring a Resolution and Recommendation back to the next City Council Meeting. Seconded by CM Ackerman. All in favor. Motion carried. CM Heidner requested to place this Item prior to the Planning and Zoning Item. Larry Koshak stated they submitted application for ISTEA program for Odean improvement and were rated for year 2000, second in the Road and Bridge Projects. This project looks good, and will be reviewed Wednesday, 10 AM and he recommends someone attend the meeting to insure Otsego remains in this position. The project is 1.5 million dollars, of which 1.2 million dollars would be grant money. Mayor Fournier motioned to send CM Heidner as the City's representative. Seconded by CM Wendel. All in favor except for CM Heidner who abstained. Motion carried. (Discussion occurred between the motion being made and the actual vote) Discussion: CM Heidner requested the City Engineer also attend. Otsego City Council Meeting of February 24, 1997, cont'd. Page 7. 8-1 Reconsider the followingregarding- Sewer and Water a" Update of BonestrReport on Wastewater Treatment Facilities Plan. CM Heidner asked if Dayton will share in the costs for the update. Elaine reported she talked to staff at Dayton and Dayton is willing to discuss and work with Otsego. Mayor Fournier suggested to move forward contingent upon Dayton sharing. CM Berning asked if Otsego is certain that St. Michael will not be involved and if Dayton approves this type of plant. Mayor Fournier stated St. Michael is not going to be involved and Dayton accepted Bonestroo's recommendation. CM Benning still feels there are decisions to be made on who will operate plant and who will get the permit, what the percentages will be and who will own, how much Dayton wants and these decisions should be decided by the Councils. Mayor Fournier said this is the information needed and need the reports to answer these questions. CM Heidner agreed and also stated there is always a big risk when first starting up a plant. He also supports both communities owning an equal share and sees Dayton having more hookups in the first year than Otsego. Capacity rates need to be determined. He also agrees with CM Berning remarks and that Otsego needs to meet with Dayton and figure out the operation of plant to start out with. CM Berning supports meeting with Dayton and representatives from each community attending each other's workshops and work together on this. We need to tell the engineers what we want. CM Heidner motioned to go ahead with the updating of the Bonestroo Report on the Wastewater Project subject to what Otsego's Engineer included in his list and consider Otsego's share at 50150 capacity or 200,000 gpd each and Dayton share in cost of updating the report at 50150. Seconded by CM Wendel. All in favor. Motion carried. (Discussion occurred between the motion being made and the actual vote). Discussion: Larry Koshak recommended to include the proposal letter dated February 21, 1997 from Bonestroo quoting their costs. CM Heidner and CM Wendel agreed with this. CM Berning asked how much land is required with expansion. Mayor Fournier replied 20 acres. Mr. Koshak said this should be demonstrated in the revised report. CM Berning asked if there would be a revised percentage of ownership and Dayton needs to agree to this before sending to Bonestroo. CM Heidner stated his motion reads 200,000 gpd each and that says 400,000 gpd for the first phase. CM Berning questioned what would happen if Dayton doesn't agree, would Otsego meet with them and discuss. Mayor Fournier agreed. Otsego City Council Meeting of February 24, 1997, contd. Page 8. b. Trunk facilities 121an for sewer and water by Larry Koshak (HAK)" Mr. Koshak reviewed and said this report will be valid information with the Comp. Plan. If the Council doesn't go ahead with Water and Sewer, the study would be worthless. But, if Otsego goes with Elk River, this will be needed. CM Benning asked if assuming the Bonestroo Report will go through and the trunk facility is done for sewer, assume the City goes with Elk River, will the trunk designs be interchangeable. Mr. Koshak replied the report will be done for both ways. CM Berning questioned if there would be problems along 101 and can't get the hookups, will there be outlets, an option to extend to the south side and on the east and west of 101. Mr. Koshak replied that is correct. If the study is authorized, his firm would meet with the Council at a workshop and go through all these issues before the study. CM Beming also stated he would like to see the first water tower towards Well #3 due to fact it is higher ground and save money by using a shorter tower (by Bobendrier). Mr. Koshak responded that would not be out of the question and may be the first area developed. CM Berning motioned to order the Trunk Facilities Study on Sewer and Water, based on the cost presented at the last Council Meeting, on the condition Dayton shares in the plant at 50150 with the fact that Dayton and Otsego will be meeting and discussing beforehand and assuming the City owns the reports when completed. Seconded by CM Wendel. All in favor. Motion carried. C. Approve Mayor Fournier to meet with propeay owners re: Sewer site_ CM Wendel motioned to approve Mayor Fournier meeting with property owner regarding the sewer site. Seconded by CM Ackerman. All in favor. Motion carried. I Approve mechanical sewer1p ant. CM Ackerman motioned to accept the type of Wastewater Treatment Plant which was recommended in the Bonestroo Report. Seconded by Mayor Fournier. All in favor. Motion carried. $_2_e. May aDnoint a sub -committee for possible solutions of Water and Sewer services to the western side of Otsego_ Mayor Fournier appointed CM Berning and CM Wendel to a sub -committee to contact the City of Albertville for Water and Sewer Service on the West Side of the City and to also look at all options. 8_2.f. Set next Sewer Workshop r Council requested the City Clerk to contact Dayton and set up a meeting for full councils either March 12 or March 13, 1997 at 7 PM at Otsego. Otsego City Council Meeting of February 24, 1997, cont'd. Page 9. 8.3_ Any other Engineering business - The Council authorized Kevin Kielb of Hakanson & Anderson Inc., to attend a Pre -flood Meeting at Wright County, February 26th, 2 PM. Mississippi Riverwood Park The Council directed for the City Clerk to inform them there could be possible flooding. CM Ackerman left at 10:17 PM. David Licht, City Planner, arrived at this point. He informed the Council that last Friday, Elaine, Andy MacArthur and himself met to prepare for the meeting for the Advisory Commissions. One issue that comes up constantly is communication and coordination. He encouraged the Council to give this some thought. The Planning Commission doesn't have this problem because staff is there. He asked the Council to give some consideration to this for coordination with a staff person. 9. Council Items: to Boards and Commissions. Commission: Carl Swenson (4 year term 1997-2000) 9.1. Appointments Planning a. b. William Jones - Alternate Position Park a. and Rees. Commission Tom Baillargeon (4 year term 1997 - 2000) b. Darlene Solberg (4 year term 1997 - 2000) C. Sue Kroll (3 year term 1997 - 1999) d. 1st Alternate Position open e. Bill Olson - 2nd Alternate F.DAAC: a. Vincent Peterson ( 2 year term 1997 - 1998) b. Wallace Odell (4 year term 1997 - 2000) C. Gabriel Davis (3 year term 1997 - 1999) d. Heritage Alternate Position Open Preservation: a. Elaine Norin (2 year term 1997 - 1998) b. Ronald Black (2 year term 1997 - 1998) C. Arlene Holen (1st alternate position) Mayor Fournier motioned to appoint all persons listed in Item 9.1. as outlined and all for four years. Seconded by CM Berning. All in favor. Motion carried. Otsego City Council Meeting of February 24, 1997, cont'd. Page 10. 9.2. City Clerk's Update Elaine informed the Council that she and Judy Hudson will be attending the Clerk's Conference in St. Cloud on March 12 and 13th. She also updated the Council on FEMA and percentage the City should be reimbursed for. The Council asked Elaine to check into the 62nd Street Agreements. Elaine informed the Council that State Representative Bruce Anderson is holding a Town Meeting here on February 27th, 8 PM. There was a speed check completed in Island View Estates last week. They will be sending the City the results. CM Heidner gave a update on the recently purchased Data Base. Mayor Fournier informed the Council they will be meeting with representatives from ISD 728 prior to the March 10, 1997 City Council Meeting at 5:30 PM. 9 Consider Claims List for ap rn oval. CM Heidner motioned to approve the Claims List. Seconded by Mayor Fournier. All in favor. Motion carried. 9.4. Adjourn by 10 PM. CM Heidner motioned to adjourn. Seconded by CM Wendel. All in favor. Motion carried. Meeting adjourned at 10:55 PM Mayor La Fournier Attest: Elaine Beatty, City Clerk/Z7 g Administrator Recorded by: Judy Hudson, Deputy Clerk City Seal