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09-14-98 CCCITY OF OTSEGO WRIGHT COUNTY, MINNESOTA CITY COUNCIL MEETING 6:30 PM OTSEGO CITY HALL SEPTEMBER 14, 1998 1. Mayor LarrT Fournier will call meeting to order: Mayor Fournier called the September 14, 1998 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: Vern Heidner, Mark Berning, Virginia Wendel, and Suzanne Ackerman. Staff: Mike Robertson, City Administrator; Jerry Olson, Building Official; Carol Olson, Secretary, Andrew MacArthur, City Attorney; Dan Licht, Assistant City Planner; Larry Koshak, City Engineer. 2. Consider Agenda approvaL• Mayor Fournier added 8.3.1. Appoint School board Sub -committee, and 8.3.2. consider 85th Street and Odean Avenue stop signs. CM HEIDNER MOTIONED TO APPROVE THE AGENDA AS AMENDED. CM ACKERMAN SECONDED. ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY. CM WENDEL MOTIONED TO ACCEPT THE AUGUST 24, 1998 MINUTES AS WRITTEN. MAYOR FOURNIER SECONDED. MOTION CARRIED 4 TO 0. CM BERNING ABSTAINED (DID NOT ATTEND THAT MEETING.) MAYOR FOURNIER MOTIONED TO APPROVE AUGUST 12, 1998, SPECIAL OTSEGO/ALBERTVILLE MEETING MINUTES AS WRITTEN. CM WENDEL SECONDED. ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY. 4. Open Forum: No one wished to speak. 5. Consent Agenda: 5.1. Approve Elk River Fire Service Contract 52_ Approve Resolution # 98-20 for December 7. 1998 - 6:30 PM as Truth in Taxation Hearing date and December 14, 1998 - 6:30 PM as alternate date if needed_ 5.3. Approve Resolution # 98-21 apving�nreliminary tax levy for 1999. CM HEIDNER MOTIONED TO APPROVE THE CONSENT AGENDA. CM BERNING SECONDED. ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY. 6. Dan Licht, Assistant City Planner: Dan Licht presented the Planner's report. 6.1. Applicant Shingobee Builders on behalf of Thein Well Co, Inc. Lot 1, Block 2, Otsego Industrial Park, Second Addition. The following development applications have been requested: 1. Site plan review for industrial land uses. CITY COUNCIL MEETING OF SEPTEMBER 14, 1998 cont'd Page 2 2. Conditional Use Permit to allow outdoor storage in an I-2 District. 3. Variance from surfacing requirements for parking loading areas. 4. Variance from surfacing requirements for outside storage areas. 5. Variance from concrete curb requirements. (see Letter requesting to withdraw application) Dan Licht -The applicant requested to withdraw the application. The applicant stated previously that they did not intend to go forward unless the variances where approved. The main issue is they did not wish to pay for curb and gutter or hard surfacing. 6.2 Applicant Greg Ebert, on behalf of John and Susan Kranitz, 16401 NE 60th Street. Request is for light industrial manufacturing. The construction of a second principal structure requires approval as follows: a Flexibility from the foundation and building standards of the Ord. for Industrial uses as part of the PUD -CUP. K Consideration of allowing a non -bituminous or concrete outdoor s or ge in the I-1 District as part of the P JD- . JP. Dan Licht presented NAC's planning report dated August 12, 1998. Section 20-4-2.F. of the 1991 Comp. Plan covers alternative building standards. The Draft Comp Plan suggests that this area may be appropriate for a lower standard industrial area. Based on the foregoing considerations and applicable ordinances, NAC recommends approval of the applicant's request subject to 14 conditions listed in NAC's report dated August 27, 1998, which Dan Licht read. Mayor Fournier asked if this is consistent with the new Comp. Plan. Dan Licht stated that the New Comp. Plan does allow for lower standards. CM Heidner was concerned with septic system having a holding tank rather than a drainfield. Greg Ebert Noted that soils in area would not support a drainfield. With only a possible five (5) employees, they would probably pump around four (4) times a year with the pumper providing a copy of records to the City. CM Wendel - Should it be made a condition to have them hook up when sewer and water is available. Mayor Fournier adds conditions Number 15, Variance from Septic Ordinance. Number 16, $100.00 escrow. Number 17, Hook up to sewer and water when available. CM HEIDNER MOTION APPROVAL OF PUD AND CUP SUBJECT TO CONDITIONS IN NAC'S REPORT, PLUS ADDING CONDITIONS 15. VARIANCE FROM SEPTIC ORD., 16.$100.00 ESCROW. AND 17. REQUIRED TO HOOK UP TO SEWER AND WATER WHEN AVAILABLE. SECONDED BY CM ACKERMAN. ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY. • Applicant .••Schlosser,Nailbender CoMoration, Lot 7. C • • .. Grove Estates, The requestto move in a building requires the following- 1. Condition Use Permitto allow a move in uilding, CITY COUNCIL MEETING OF SEPTEMBER 14, 1998 cont'd Page 3 All performance standards except the setback requirements have been met. Exact location of the proposed building was not given. Performance security equal to the estimated costs of materials and labor of the project is recommended. Based on foregoing considerations the applicant's request for a CUP subject to 7 conditions listed in NAC's report dated Sept. 3, 1998, was recommended by the Planning Commission. MAYOR FOURNIER MOTIONED TO ACCEPT PC RECOMMENDATION TO ALLOW CUP WITH 7 CONDITIONS LISTED IN NAC'S REPORT DATED SEPT.3, 1998. SECONDED BY CM ACKERMAN. ALL IN FAVOR. MOTION CARRIED 4 TO 1, CM BERNING OPPOSED. 6.4. Consider Draft Comprehensive Plan_ Dan Licht - The Planning Commission recommended adopting the Comprehensive Plan. Memorandum Sept. 3, 1998 lists suggested changes. Paul Levenson, Chris Bulow, and Wally Odell spoke at the Planning Commission Hearing. The vote was six to one (6-1) with Eugene Goenner voting against. Mayor Fournier asked about lot size in the Wild & Scenic District. Dan Licht explained lot size in Wild and Scenic areas and mentioned for rezoning ordinance requests, a Public Hearing would be needed. CM Berning - Page 42, Recommended changing wording to "anticipated". Recommended this change throughout the document. There was discussion of the Levenson property. This area is targeted for a light Industrial usage area. Dan Licht - Language - Light Intensity Industrial area used as a buffer area. MAYOR FOURNIER MOTIONED TO ADD LANGUAGE TO ADD LIGHT INTENSITY INDUSTRIAL AS A BUFFER AREA. CM WENDEL SECONDED. Discussion: CM Berning - Wouldn't this be better in area farther from sewer and water area. MOTION CARRIED. 4 TO 1. CM BERNING VOTING AGAINST. CM BERNING MOTIONED TO CHANGE WORDING ON PAGE 91, FROM ENCOURAGE TO "ALLOW" CM HEIDNER SECONDED. ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY. CM WENDEL MOTIONED TO ADOPT RESOLUTION TO ADOPT THE COMPREHENSIVE PLAN WITH AMENDMENTS. CM HEIDNER SECONDED. ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY. Discussion between the motion and the actual vote: CM Berning stated that he will vote for the Draft Comp. Plan, but felt the City is allowing too much development in the unsewered area. He would prefer minimum development until sewer and water gets there. Also felt the City should allow a minimum size of one acre lots in the Ag. area. Concerned that larger lots will not be kept up. CM Wendel asked why the larger lots in the Ag. area, and was told it was the soils. Larry Koshak - This is based on the actual land that can support a septic system. We must insure an adequate septic tank and drainfield area. CITY COUNCIL MEETING OF SEPTEMBER 14, 1998 cont'd Page 4 Dan Licht - Higher lot size is part of the Zoning Ordinance issues. Net buildable land must ensuring enough room for Septic Systems. CM Berning explained that he was against this plan for Sewer because it will not serve the entire City. He also doesn't like force mains and would prefer gravity pipes. He thinks it will be difficult to get sewer service from another community. Believes there will be petitions requesting sewer from outside the sewered area. Mayor Fournier complimented the Planning Commission and the City Council for their hard work, for a good job getting information to the public, and for listening to input from residents. 6.5. Any other Planning Business_ There was none. CM HEIDNER MOTIONED TO CLOSE CITY COUNCIL MEETING. CM ACKERMAN SECONDED. ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY. MAYOR FOURNIER MOTIONED TO OPEN EDA MEETING. CM HEIDNER SECONDED. ALL IN FAVOR. MOTION CARRIED. Andrew MacArthur provided the redevelopment plan for Otsego Industrial Park 1st and 2nd Addition. Mayor Fournier opened Public Hearing regarding redevelopment plan for Otsego Industrial Park 1st and 2nd Addition at 8:08 PM.. No public comments. Mayor Fournier closed the public Hearing at 8:08 PM.. CM HEIDNER MOTIONED TO ADOPT THE RESOLUTION REGARDING REDEVELOPMENT PLAN FOR OTSEGO INDUSTRIAL SITE 1ST AND 2ND ADDITION. SECONDED BY CM ACKERMAN. ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY. An EDA Meeting was set for the regular scheduled City Council Meeting of September 28, 1998. Motion to close the EDA Meeting: CM BERNING MOTIONED TO CLOSE THE EDA MEETING. CM ACKERMAN SECONDED. ALL IN FAVOR. MOTION CARRIED. CM ACKERMAN MOTIONED TO REOPEN REGULAR CITY COUNCIL MEETING. MAYOR FOURNIER SECONDED THE MOTION. ALL IN FAVOR. MOTION CARRIED. 7.2. Any other legal business. There was none. CITY COUNCIL MEETING OF SEPTEMBER 14, 1998 cont'd Page 5 8. Larry Koshak..ityEngineer. 8.1. Discussion of experimental septic systems. Larry Koshak - A number of experimental systems have been requested lately. Basically the City allows only a standard system or mound system where a standard system won't work. The Disposal Ordinance Section 3.2, addresses alternative sewer systems. Other systems have not been considered due to lack of experience in this area. In a letter dated Sept. 9, 1998 regards the Sewage Disposal Ordinance #91-24 addressing alternate systems. Larry Koshak asked the City Council for direction. Jerry Olson explained the State 7080 rules covering experimental systems. Went over three different cases he has now. Two of the cases are existing and are considered hardship cases. Larry Fournier asked Jerry Olson to check with other Communities regarding this and bring back to the next City Council meeting. (September 28, 1998 at 6:30 PM.) Jerry Olson stated that he will also check with the State for more information. 8.2_ Consider Award of Water Tower Bids, Larry Koshak referred to letter dated September 9, 1998, regarding the Water Tower # 1 Bids. Compared the fluted style type opposed to the spheroid. Four bids were received. Maquire Iron, Inc.'s low bid in the amount of $521,000.00 was recommended. (See Attached) MAYOR MOTIONED TO AWARD WATER TOWER BID TO MAQUIRE IRON, INC. FOR $521,000.00. CM WENDEL SECONDED THE MOTION. MOTION CARRIED 4 TO 1, CM BERNING VOTING AGAINST. 8.3_ Any other engineering business. Larry Koshak stated that MnDOT had contacted him and are planning to raise speed limit Hwy 101 to 65 MPH. Deputy Hermansen stated that people drive too fast now. He is not in favor of the speed increase. Larry Fournier recommended sending a letter to Mn/DOT stating that we do not approve of the speed increase. Deputy Hermansen will discuss this with the Wright Co. Sheriff. Mike Robertson will do a letter. Larry Koshak stated that Mining Permits # 2, and # 4. are not in compliance with Otsego's Ordinance regarding locked gate requirements. Letters have been sent in the past but have been ignored. This is a safety issue. The consensus of the Council is to enforce the Ordinance. A letter will be sent stating that revocation of the Mining permit's will be scheduled for the first council meeting in October if they do not come into compliance. 83.1. - Appointing a School Beard Sub -Committee with the committee_ Mayor Fournier appointed CM Vern Heidner, City Administrator; Mike Robertson, and CM Virginia Wendel. 8.3.2. - Stop signs for Odean & 85th Ave. Larry Koshak - I would hope that the stop signs would not be put up until the road is rebuilt. Odean Avenue is coming up for reconstruction next year and that would be the time. Road work is scheduled to be completed in 1999 -2000, with signs in 1999. Money will be available in October 1999. Deputy Hermansen agreed with the engineer. CITY COUNCIL MEETING OF SEPTEMBER 14, 1998 cont'd Page 6 Council consensus was not to place the stop signs at this time, but when Odean Avenue is reconstructed next year. City Administrator Robertson was directed to send a letter to those residents at a recent public hearing informing them of this decision. 9 -Council I .ms- 9.1. A_ Consider Resolution 98-22accep i g4,etition and ordering FeasihiI4 Study to ave Quaday and 72nd Street. (see attached letter requesting to withdraw this petitionl Mike Robertson - Mr.& Mrs. Darkenwald can not withdraw the petition by themselves without all petitioners agreement. Two signatures are invalid because they are renters. Council directed Mike Robertson to send a letter to the other petitioners asking them if wishing to withdraw the petition. 9.2 Mike Robertson, City Administrator - Update A. Residential valuation long bike trails Mike Robertson said that Pete Merges feels the property values adjacent to bike trails will likely increase due to bike trail. Pete Merges, City Assessor recommended no change. (see attached) B. Consider Resolution 98-23 establishing policies governing the use of funds and reserves for the 1998 Sewer & Water Bond, Mike Robertson - Bond Resolution lays out Policy, how to pay off the bonds and sets up reserves in case revenues from the trunk sewer & water are not sufficient to pay the yearly debt service. CM Heidner requested that the wording states that the General Fund will be paid back for all expenses. CM Berning - recommended taking out number 4. Larry Fournier - change wording so that all revenues from trunk charges go to pay the bonds. Mike Robertson will rewrite the resolution and bring it back to the next City Council meeting. C. Consider starting date for part-time Public Works employee. Mike Robertson - The Public Works Sub -committee meeting of 9/17/98 will address this issue and make a recommendation to the City Council. 9_3_ Elaine, Beatty City Clerk - Undate Did not attend 9.4. Consider Claims List for approval- CM p rp oval" CM HEIDNER MOTIONED APPROVAL OF CLAIMS LIST. CM ACKERMAN SECONDED. ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY. Consensus was to have the Park & Rec. receive a copy of engineering bill regarding the bike trail. CM Wendel asked when the moratorium will be coming off. Mike Robertson - Zoning Ord. could be addressed in 3 different segments. The East side could come off, then the rest when updates and changes are made. Mike said he would suggest this to the Planning Commission. CITY COUNCIL MEETING OF SEPTEMBER 14, 1998 cont'd Page 7 9.5. Adjourn by 10 PM" CM ACKERMAN MOTIONED ADJOURNMENT. SECONDED BY MAYOR FOURNIER. ALL IN FAVOR. MOTION CARRIED. City Council Meeting adjourned at 10:20 PM. Elaine Beatty, City Clerj(/Zoning Adm. Recorded by: Carol A. Olson, Secretary City Seal Carolcc91498.wpas