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09-28-98 CCCITY OF OTSEGO WRIGHT COUNTY, MINNESOTA CITY COUNCII. MEETING 6:30 PM COUNCIL CHAMBERS OTSEGO CITY HALL SEPTEMBER 28, 1998 1. Mayor Lan:. Fournier will call meeting to order: Mayor Fournier called the City Council Meeting to order at 6:30 PM. a. Pledge of Allegiance Mayor Fournier led in the Pledge of Allegiance. Mayor Larry Fournier; Councilmembers: Vern Heidner, Mark Berning, Virginia Wendel, Suzanne Ackerman Staff: Mike Robertson, City Administrator; Elaine Beatty, City Clerk/Zoning Administrator; Judy Hudson, Deputy Clerk; Jerry Olson, Building Official; Andrew MacArthur, City Attorney; Dan Licht, Assistant City Planner; Larry Koshak, City Engineer. Also attending was Ted Field, Bonestroo, Sewer Project Engineer. 2. Consider agenda approval" Mike Robertson requested to add under Item 9.2. LMC Regional Meeting and also an update on the Special Event Ordinance. CM Wendel requested an addition under Item 9.1.A. Update of the River Rider Bus. Mayor Fournier requested an addition under Item 8.0. City Council consideration adopting two Resolutions additional annual levy for EDA. Under Item 8.1. add City Council consideration approving two contracts with APEX and Long Haul for economic assistance. CM Heidner motioned to adopt the September 28, 1998 City Council Agenda as amended. Seconded by CM Ackerman. All in favor. Motion carried. a. Regular Council Meeting of September 14, 1998. CM Berning requested to include his reason for opposing the motion on Page 3, Item 6.3.1. His reason for opposing was that the existing garage may not be compatible with the moved in house. CM Berning motioned to adopt the September 14, 1998 City Council Minutes as amended. Seconded by CM Wendel. All in favor. Motion carried. 4. Open Fonim 4.1_ Ted Field - Discussion of schedule for Wastewater Treatment Plant Bidding and Construction- Mr. ons tionMr. Fields gave an update on the progress of the Wastewater Treatment Plant Project. The EAW permit is out for public comment now. Following that approval, a Discharge Permit City Council Meeting of September 28, 1998, cont'd. Page 2. is needed before construction can begin. Mr. Field feels this permit should be received by December. He suggested to advertise in November and set a bid date in December. With this schedule, there would be a chance of the projection completion by the end of 1999. Mr. Field explained what usually causes a delay is the ordering of equipment and its delivery. Mr. Field stated the Council needs to consider this type of schedule. Mayor Fournier requested Mr. Field to keep them informed of any progress with the permits. 4.2. Jerr; Olson - Discussion of Experimental Septic Systems ems Jerry Olson stated he has four experimental systems requesting to be installed and needs a Council decision. Jerry briefly explained what makes a experimental septic system. CM Berning stated the only way he would support this is if there is language in the ordinance or contract that the homeowner must hook up to sewer and water when it is available. Larry Koshak also requested a condition that homes can not be expanded. CM Heidner wants to make sure the homeowner is aware of yearly septic inspection requirement, and the costs associated with this and that their property is deed restricted. Mr. MacArthur said to also make sure the owner is aware of the consequences if they don't comply with regulations. He also advised to do all of this through an agreement with a right of entry. CM Heidner motioned for city staff to prepare a contract requiring a deed restriction, right of entry, yearly inspections, required hook up to sewer and water when available, no new construction just replacement with same number of bedrooms. The homeowner can start with the septic while the contract is being prepared. Seconded by Mayor Fournier. All in favor. Motion carried. No one else appeared on open forum 5_ Consent Agenda 5.1. Consider updated Resolution 98-23 establishing policies governing use of funds nd reserves for the 1998 Sewer nd Waster -Bond. CM Berning motioned to adopt the Consent Agenda. Seconded by CM Ackerman. All in favor. Motion carried. 6_ Dan Licht, Assistant City Planner 6.1. LeRoy I. Lindenfelser, 9896 85th St NF PIT) 119-900-22140 1,S2Z T121, R24 Conditional Use Permit is rP4 lasted for the following• A. More than one detached accessory building on a single family lot. B. Accessory building size greater than 1,500 sq. ft. on a single lot. C. Total accessory area greater than 2,000 sq. ft. on a single family lot. D. Pole Bldg. construction within the A-1 (Gen. Ag District). Dan Licht presented the Planner's Report. City Council Meeting of September 28, 1998, cont'd. Page 3. CM Heidner motioned to approve the Conditional use Permit to allow more than one detached accessory structure on a single family lot, accessory building size greater than 1,500 square feet on a single family lot, total accessory area greater than 2,000 square feet on a single family lot and pole building construction within the A-1 District subject to the conditions listed in the Findings of Fact. Seconded by CM Ackerman. All in favor. Motion carried. 6.2. John J_ and Barbara Sue DeMars, 8790 Mason Ave and N of 87th St. Requests a Conditional Use Permit for the following: A. More than one detached accessory building on a single family lot. B. Accessory building size greater than 1,500 sq. ft. on a single lot. C. Total accessory area greater than 2,000 sq. ft. on a single family lot. D. Pole Bldg.. construction within the A-1 (Gen. Ag. District). Dan Licht presented the Planner's Report. John DeMars stated he will attached the detached garage to the house via a deck. CM Heidner motioned to approve the Conditional Use Permit to allow more than one detached accessory structure on a single family lot, total accessory area greater than 2,000 square feet on a single family lot and pole building construction within the A-1 District subject to the conditions listed in the Findings of Fact. Seconded by CM Ackerman. All in favor. Motion carried. 6.3. Any other Planning Business, Mr. Licht went over his Memorandum of September 21, 1998 regarding the State Wild and Scenic Management Plan Update. Mr. Licht recommended that the City Council appoint a subcommittee to attend the upcoming meeting to participate in drafting the management plan of the Mississippi River. He and Elaine Beatty have attended the technical meetings in the past. Mr. MacArthur stated it is very important to attend the meeting and give input on the boundaries and criteria since it is very hard to amend the ordinance once it is done. He reminded the Council that in 1976 when the ordinance was first done, everyone who attended the meetings got what they wanted. Mike Robertson recommended to have Dan Licht prepare a proposal for consideration by the Planning Commission and City Council. Then when anyone attends the meetings they have an official City position to work off of. Mayor Fournier requested Dan Licht to put something together for the next City Council meeting. 7. Larry Koshak, City Engineer- 7-1- ngineer:7.1_ Consider approval of Municipal Well #2 Bid_ Larry Koshak went through the bids. He recommended to award the bid to Traut Wells for $53,290.00. CM Wendel motioned to award the bid to Mark J. Traut Wells, Inc. for $53,290.00 for the construction of Well #2. Seconded by Mayor Fournier. City Council Meeting of September 28, 1998, cont'd. Page 4. Discussion- CM Berning asked to delay awarding the bid until the City Administrator can do some additional checking on Traut Wells. He is not comfortable in awarding the bid to them. Mr. MacArthur noted that State law requires the City have a specific reason to turn down a low bid. Voting For the Motion: Mayor Fournier, CM Heidner, CM Ackerman, CM Wendel. Voting Against the Motion: CM Berning. Motion carried four (4) to one (1). 7.2. Update on Odean Avenue Improvement Project Larry Koshak went over the Odean Avenue Improvement Project. He said a public hearing must be held and federal money wouldn't be available until October of 1999. Mike Robertson stated the Council needs to know the estimated assessments before any public information meeting to discuss the bike path issues. CM Heidner said to make sure the Parks Commission attend the public information meeting. CM Berning requested staff to show the cash flow the city will need. Mike suggested to place this on the October 12, 1998 City Council Meeting giving Larry Koshak time to prepare costs. The Council agreed. 7.3. Discussion of 83rd Street Culvert repair. Larry Koshak went over the costs of this culvert replacement as outlined in his attached letter dated September 23, 1998. Mike Robertson stated there is no designated funding for this project. He noted that he and the City Accountant are confident of a budget surplus this year, that the City's reserves are adequate and that any surplus could be used for capital projects. The Council discussed the Watershed Maintenance Fees. Andy MacArthur noted that a process has been set up to assess fees which hasn't been used. Mayor Fournier motioned to direct the City Engineer to go out for quotes for the 83rd Street Culvert project. Motion died for a lack of a second. Robertson was directed to place this on the next meeting's agenda and bring some funding suggestions. 7.4. Any other gineering Business - Mayor Fournier requested the City Administrator to check with the Sheriff's Office for their opinion on why all the accidents at Odean and 85th, and what safety measures, if any, could be taken by the City to prevent them. 8. Andrew MacArthur, City Attorney: Mr. MacArthur reviewed the Apex and Long Haul Economic Development Assistance programs. CM Heidner stated he feels the City's contribution to Long Haul should not be the full ten year term since Long Haul didn't signed the agreement when it was first offered to them. Council agreed the contract term should start at the time it was first proposed to them, which would cause the assistance to end in 7 years. CM Berning motioned to adopt Resolution No. 98-25 authorizing the City of Otsego to make an annual tax levy on behalf of its Economic Development Authority for Apex Business Center, LLC. Seconded by CM Heidner. All in favor. Motion carried. City Council Meeting of September 28, 1998, cont'd. Page 5. CM Ackerman motioned to adopt Resolution No. 98-26 authorizing the City of Otsego to make an annual tax levy on behalf of its Economic Development Authority for Long Haul Trucking, subject to the changes discussed by the Council of changing the term of the agreement to start upon the original approval of the project. Seconded by Mayor Fournier. All in favor. Motion carried. Staff was directed to change the 1999 Budget to reflect these items. CM Heidner motioned to approve for signature The Agreement between the Otsego Economic Development Authority and Apex Business Center, LLC regarding Economic Development Assistance. Seconded by CM Ackerman. All in favor. Motion carried. CM Wendel motioned to approve for signature The Agreement between the Otsego Economic Development Authority and Long Haul Trucking, Inc., amending the term to start from the date of the project's original approval, regarding Economic Development Assistance. Seconded by CM Heidner. All in favor. Motion carried. CM Berning motioned to close the City Council Meeting. Seconded by CM Ackerman. All in favor. Motion carried. City Council Meeting closed at 9:25 PM. Member Berning motioned to open the Economic Development Authority Meeting. Seconded by Member Ackerman. All in favor. Motion carried. Meeting opened at 9:25 PM. Member Berning motioned to adopt Resolution No. 98-27 authorizing the Otsego EDA to provide Economic Development Assistance and to enter an Agreement regarding the same with Apex Business Center, LLC. Seconded by Member Ackerman. All in favor. Motion carried. Member Ackerman motioned to adopt Resolution No. 98-28 authorizing the Otsego EDA to provide economic development assistance and to enter an Agreement regarding the same with Long Haul Trucking, subject to amending the term to start from the original approval of the project. Seconded by President Fournier. All in favor. Motion carried. City Council Meeting of September 28, 1998, cont'd. Page 6. Member Wendel motioned to approve for signature the Agreement between the Otsego Economic Development Authority and Apex Business Center, LLC Regarding Economic Development Assistance. Seconded by Member Ackerman. All in favor. Motion carried. Member Ackerman motioned to approve for signature The Agreement between the Otsego Economic Development Authority and Long Haul Trucking, Inc., amending the term to start from the date of the project's original approval, regarding Economic Development Assistance. Seconded by President Fournier. All in favor. Motion carried. 8.2. Discussion of State regulations governing EDA appoin ment.c. Mr. MacArthur distributed and went over the attached September 28, 1998 Memo regarding the EDA Purpose, Creation and Membership. It was agreed to place this item on the next City Council Agenda giving the Council time to review the memo. Andy advised them that it is the City Council who determines any changes to the EDA and therefore, appropriate to have this item on the City Council Agenda. Member Heidner motioned to close the EDA Meeting. Seconded by Member Ackerman. All in favor. Motion carried. EDA Meeting closed at 9:40 PM. CM Ackerman motioned to reopen the City Council Meeting. Seconded CM Wendel. All in favor. Motion carried. City Council Meeting reopened at 9:41 PM. 8.3. Any other legal business. Mr. MacArthur gave the current status of the Water Tower site. 9. Council Items: 9.1. A_ River rider CM Wendel distributed July and August River rider user counts. Mayor Fournier said he has received, and so has City Staff, phone calls inquiring on this ordinance. There seems to be a lot of wrong information going around in the community of the Ordinance interpretation. Robertson noted that non-commercial gatherings held on private land, such as graduation and other social parties, do not need a permit. Information on this ordinance should be put in the Otsego View. 9.2. Mike Robertson, City Administrator - update: A. Public Works Department part-time personnel recommendation. Mike went over his September 22 memo. He recommended that the Council allow the part-time public works employee to start this fall. City Council Meeting of September 28, 1998, cont'd. Page 7. Mayor Fournier asked the Council what policy does the City want for hiring part-time help. The Council agreed for part-time employees to be interviewed by the Department Head, the City Administrator and the respective sub -committee should also be involved. Mike informed the Council that the LMC Regional Meeting will be held in Hutchinson on October 22 starting at 2 PM. Mayor Fournier and CM Ackerman said they will attend. 9.3. Elaine Beatty. City Clerk - u dp ate. Elaine had no updates. 9.4. Consider Claims List fora approval. CM Ackerman motioned to accept the Claims List as presented. Seconded by CM Wendel. All in favor. Motion carried. 9.5. Adjourn by 10 PM_ CM Ackerman requested the Council to review the Historical Contents Book for consideration of approval on the next council agenda. CM Wendel motioned to adjourn. Seconded by CM Ackerman. All in favor. Motion carried. Meeting adjourned at 10:05 PM. ayor y Fournier ine Beatty, City Clerk/Zoning Aldministrator Recorded by: Judy Hudson, Deputy Clerk City Seal