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03-10-97 CCCITY OF OTSEGO WRIGHT COUNTY, MINNESOTA CITY COUNCIL MEETING 6:30 PM COUNCIL CHAMBERS OTSEGO CITY HALL MARCH 10, 1997 1. Mayor Larry Fournier will call meeting to order. Mayor Fournier called the meeting to order at 6:35 PM. a. Pledge of Allegiance_ Mayor Fournier led in the pledge of allegiance b_ Roll Call Mayor Larry Fournier; Councilmembers: Suzanne Ackerman, Mark Berning, Vern Heidner, Virginia Wendel. Staff. Andrew MacArthur, City Attorney; Kevin Kielb, Assistant City Engineer; Bob Kirmis, Assistant City Planner; Elaine Beatty, City Clerk/Zoning Administrator and Judy Hudson, Deputy Clerk. 2_ Consider Agendarnn oval_ Mayor Fournier requested the addition of Otsego Annexations under Item 6.3.1. and Council submission of pay requests under Item 9.2.1. CM Heidner motioned to adopt the March 10, 1997 City Council Agenda as amended. Seconded by CM Ackerman. All in favor. Motion carried. a_ February 24, 1997 Council Meeting- CM eetingCM Berning motioned to accept the minutes. Seconded by CM Wendel. All in favor. Motion carried. b_ February 21, 1997 Sewer and Water Workshop CM Heidner motioned to adopt the minutes. Seconded by CM Berning. Voting For the Motion: CM Ackerman, CM Heidner, CM Berning, Mayor Fournier. Abstained: CM Wendel (she was absent from this meeting) Motion carried. 4_ Open Forum. Fabian Sadowski, 85th Street - Spoke against the Council accepting the Feasibility Study for 85th Street for reasons that the assessments are too high and does not see the benefit. Feels more residents than just the ones living on the street should pay for it. He feels the Council shouldn't try to do everything at once. City Council Meeting of March 10, 1997, cont'd. Page 3. 1MR-11001 IN NOR M11 -.1104 ' 961111111 or- I WAN 'id r. I W.•• • • •-• •I' • ' CM Ackerman motioned to table consideration of accepting the Feasibility Study and to table consideration of approval of the Preliminary Plat for Heritage Hills Plat until March 24, 1997. Seconded by CM Wendel. All in favor. Motion carried. 6.3. Any other Planning _Business - Bob u.sL_ iness_ Bob Kirmis stated the Planning Commission examined the clustering issue associated with the one per forty at the last Planning Commission Meeting. After discussion, they directed NAC to draft an amendment with a cap of 2 home dwelling units. CM Wendel commented the western portion of the City should be considered first. CM Berning commented he would first like to see the minutes from the Planning Commission before authorizing a public hearing. CM Heidner motioned to let the Planning Commission decide to initiate a public hearing at their next meeting or as appropriate. Seconded by CM Ackerman. Voting For the Motion: Mayor Fournier, CM Ackerman, CM Heidner Voting Against the Motion: CM Wendel, CM Berning Motion carried three (3) to two (2). (Discussion occurred between the motion being made and the actual vote) Discussion: CM Wendel questioned if this should be reviewed as part of the Comprehensive Plan and not before. Mayor Fournier stated this would be an interim solution. CM Berning questioned if staff has reviewed how many one per forty splits are even available. Elaine Beatty replied staff has not reviewed. 6.3.1 Otsego Annexations Mayor Fournier referred to the March 7, 1997 Memorandum written by David Licht, City Planner referring to the City appraising the Minnesota Municipal Board of Otsego's current activities with urban services. CM Ackerman motioned for the City Clerk, Elaine Beatty, to write a letter to the MMB informing them of the City's activities and inviting them to visit the City. This letter should be reviewed by the Council prior to mailing. Seconded by CM Wendel. All in favor. Motion carried. :•• u. :s•Attorney. • .•• bility R%%%-eI?.esolutio-r)- Previously discussed. i' City Council Meeting of March 10, 1997, cont'd. Page 5. Dennis Fehn, Owner, stated under Frankfort, hours of operation were allowed between 7 Am and 7 PM, normally work didn't exceed 5:30 PM. They would like to be able to continue working Saturdays since more customers are home than and they can haul gravel to them. The Council discussed with Mr. Fehn hours of crushing, which seems to be the problem of any complaints. They also discussed charging five cents per cubic yard. CM Wendel motioned to renew permit with corrections of hours of operation: 7 AM to 7 PM Monday through Friday and 7 AM to 5 PM on Saturday with no crushing after 5 PM Monday through Friday and no crushing on Saturdays and a five cent charge per cubic yard. Seconded by CM Berning. All in favor. Motion carried. 8.4. Flood Potential Rept Mr. Kielb gave a report on his meeting at Wright County regarding potential flooding which is attached. He noted the Corp of Engineering and the DNR did not attend. His recommendations are listed in his report which mainly included notification to residents. Mayor Fournier asked the engineer if it would be possible to control discharge on the pond southwest of Nashua and 85th Street to help control flooding Mrs. Woods discussed earlier. Mr. Kielb stated he will contact the DNR and let Elaine Beatty know. The council discussed this and possible solutions. The Council agreed if it can be controlled the Maintenance Department should do something ASAP. 8.5_ Any other Engineering business. Regarding the 62nd Street issue, Mr. MacArthur informed the Council that all but one property owner has signed the agreement. He wants to talk to that property owner and make sure he understands why he isn't signing the agreement. He feels since the majority signed, the City can continue plowing for the rest of this season. The residents have indicated they will petition the city to take over 62nd Street. Mr. MacArthur noted the residents are to give the City the full ROW and they could request waiving of paving but that would be a Council decision. CM Wendel questioned if the City has waived paving of other roads when taking over and why the City would change their policy on this street. Mr. MacArthur explained this would be a council decision. This street is preexisting and any waiver would not affect new subdivisions but he recommends a full ROW. A. Letter from Chris Bulow re: Proposed wetland sale/trade Mr. Kielb reviewed Mr. Bulow's request with the Council as outlined in the attached report. Mr. Bulow noted this parcel is between five and seven acres. Appraisal was done by Riverside Appraisals and can be obtained from the Bank of Elk River. If the City is not interested, he will probably bank some wetland and construct a home. City Council Meeting of March 10, 1997, cont'd. Page 6. Mayor Fournier motioned to accept staff recommendation not to purchase this property but to collect the stormwater impact fee due for Sorenson Ridge in cash. Seconded by CM Heidner. All in favor. Motion carried. ISTEA-Year 2000 Update for 7W. Mr. Kielb reported the City's application for funding to reconstruct Odean Avenue ranked 5th in the 7W list of projects for year 2000. The project costs was estimated at approximately $1,500,000 of which 80% or about $1,200,000 would be funded through ISTEA. The remaining 20% ($300,000) must be funded locally which could be done with MSA funds. CM Berning noted there are several corners in the City that need fill and also shoulder work and requested the Public Works Department to handle. 9.1. Consider Proclamation of Family Fun Day to be held on July 12, 1997_ CM Heidner motioned to adopt the Proclamation. Seconded by CM Ackerman. All in favor. Motion carried. 9.2. Any other Council Business. 9.2.1. Council Pay Requests The Council discussed this issue with completing their pay requests at the first meeting of the month is too late to get in to ADP with the regular payroll. The Council decided to continue this way but their checks will be issued the second payroll period of the month. CM Wendel questioned the notice she received for the public hearing for Riverwood's Liquor License. Elaine Beatty explained this is a hearing for the renewal of their license. CM Berning reported he attended the Community Rec. Board Meeting that day and distributed information regarding this program. CM Ackerman noted there is a MN League of Cities Conference on March 20th and she plans to attend. Mayor Fournier also will attend. Mayor Fournier reminded the Council of the Otsego/Dayton Joint Sewer Meeting March 12, 1997, 7 PM at Otsego City Hall. CM Wendel updated the Council on the meeting she and Mayor Fournier had with some residents living on the western side of the City. These residents would like to receive services and the ability to rezone their AG land. They all expressed great concern about the future of Otsego. Otsego City Council Meeting of March 10, 1997, contd. Page 7. 9.3_ City Clerk's update. Elaine Beatty informed the Council that she and Judy Hudson will be attending the Clerk's Conference in St. Cloud on March 12 and 13th. 9.4_ Consider Claims List for ap rn oval_ CM Heidner motioned adoption of the Revised Claims List as presented. Seconded by CM Wendel. All in favor. Motion carried. CM Berning questioned what is the agenda for the Otsego/Dayton Meeting. Mayor Fournier said Otsego's direction is the information given to the engineers and to hear from Dayton what their position is. CM Heidner said it all depends on a 50 - 50 split with Dayton and find out if they are willing to support this. CM Berning also said that Hasson Township would like to be informed what Otsego will be doing. CM Heidner reported the City's Accountant will be putting together financial information for the next Parks Meeting. Mayor motioned to approve previous meetings the Council attended. Seconded by CM Ackerman. All in favor. Motion carried. 9.5. Adjourn by 10 PM_ CM Wendel asked about the progress of hiring an administrator. CM Heidner informed the Council he is working on the job description and hasn't completed it. Mayor Fournier reported the job reviews will be conducted for Duane Fielder, Dave Chase and Elaine Beatty this week. Judy Hudson's and Carol Olson's have been completed. CM Heidner stated he would like to see the merit increases on the Consent Agenda and are to be retroactive as of January 1, 1997. CM Berning motioned to adjourn. Seconded by CM Wendel. All in favor. Motion carried. Meeting adjourned at 9:35 PM. Fournier Elaine Beatty, City Clerk/Zoyug Adm. Recorded by: Judy Hudson, Deputy Clerk