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04-27-98 CCCITY OF OTSEGO WRIGHT COUNTY, MINNESOTA CITY COUNCIL MEETING 6:30 PM COUNCIL CHAMBERS OTSEGO CITY HALL APRIL 27, 1998 1 _ Mayor Larry Fournier will call meeting to order: Mayor Fournier called to order at 6:49 PM following the Board of Review. a. Pledge of Allegiance. Mayor Fournier led in the Pledge of Allegiance. Roll Call: Mayor Larry Fournier; Councilmembers; Virginia Wendel, Suzanne Ackerman, Vern Heidner, Mark Berning. Staff: Mike Robertson, City Administrator; Elaine Beatty, City Clerk/Zoning Administrator; Judy Hudson, Deputy Clerk, Andrew (Pete) Merges, City Assessor. Andrew MacArthur, City Attorney; Dan Licht, Assistant City Planner; John Harwood, City Engineer. Also attending was Ted Field, Bonestroo, Project Engineer and Marcus Miller, Assistant City Attorney. 2. Consider agenda approval, Mayor Fournier requested the addition of Ted Field discussion of Wastewater Treatment Plan under Item 4.c. and Discussion of appointing a Planning Commission Member and Alternate under Item 9.1. CM Heidner motioned to approve the April 27, 1998 City Council Agenda as amended. Seconded by CM Ackerman. All in favor. Motion carried. 3. Consider Minutes: a. Regular Council Meeting of A rip l 13, 1998 CM Heidner requested to also include in the discussion of Item 8.1. page 2. "that there is $100,000 committed from the Park and Trail Fees for City cost., including engineering." CM Berning motioned to adopt the April 13, 1998 City Council Meeting Minutes as amended. Seconded by CM Heidner. All in favor. Motion carried. h. Board of Review Meetings rin l 20, 1998_ Mayor Fournier motioned to adopt the April 20, 1998 Board of Review Minutes. Seconded by CM Berning. All in favor. Motion carried. 4. Open Forurn* A-ty •p•r u • one .p• • City Council Meeting of April 27, 1998, cont'd. Page 2. 4.A. Gary Groen. Update of Otsego Finances. Mr. Groen went over the attached City Investments, Cash Flow, Cash Summary, Revenue Fund Budget and Disbursement Fund Budget. He informed the Council there will be training done in May for the new accounting software. 4.B. John Stander. 9897 Kaiser Avenue NE, Otsego, MN L18. B 1, Island View Estates. Discussion of issues of drainage de itch erosion of same (see attached information). Mr. Stander 9897 Kaiser Avenue NE. Mr. Stander built a house at this address in 1997. He was required to escrow $10,000 for erosion control measure on the ravines on either side of the house. He feels it unfair that he is required to take care of the total costs of erosion control in both ravines since he feels erosion is also caused by other entities including the City roads. Mr. Stander also stated some of erosion control required of him is located on another person's property. He asked why this erosion control in these two ravines wasn't assessed for at the time of the road improvement project. His engineering firm, John Oliver and Assoc., suggested the pipe in the one ravine should continue to the river. After discussion, the Council asked for the City Engineer and City Administrator to meet with Mr. Stander and review this project. 4.c. Ted Field, Project Engineer, Plans for Wastewater Treatment Plant, Mr. Field explained he needs approval of plans so he can submit them to the PCA for review and authorization for bids for the project. CM Heidner motioned to set a Special City Council Meeting on Monday, May 4, 1998 at 6:30 PM to review Wastewater Treatment Plans and Specifications. Seconded by CM Ackerman. All in favor. Motion carried. 5. Consent Agenda. 5.1. Approve Temporary Cigarette License for D & R Liquors (2 month). CM Berning motioned to approve the Consent Agenda. Seconded by CM Heidner. All in favor. Motion carried. 6. Dan Licht, Assistant City Planner - 6.1. lanner.6 1 Consider an Ordinance establishing a Manufactured Home Park as a Conditional Use Permit in R-5 R-6 and R-7 Zoning Districts, Dan Licht reviewed the proposed ordinance. CM Wendel motioned to adopt Ordinance No. 98-4 An Ordinance Establishing Manufactured Home Parks As Conditional Uses in the City's R-5, R-6 and R-7 Zoning Districts. Seconded by CM Heidner. Voting For the Motion: Mayor Fournier, CM Heidner, CM Wendel, CM Berning Voting Against the Motion: CM Ackerman. Motion carried four (4) to one (1). City Council Meeting of April 27, 1998, cont'd. Page 3. 6-2- Consider a CUP for Commercial Outdoor Recreation (9 -Hole Golf Course) in an A-1. Agricultural Zoned real for Richard Kincanon. Owner located at 85th St NE and Nashua Ave. NE PID #118-500-204202. Dan Licht reviewed the Planner's Report. CM Wendel motioned to approve the Conditional Use Permit to establish a commercial outdoor recreational use (nine hole golf course) within an A-1, Agricultural Rural Service Zoning District subject to the fifteen conditions listed in the Findings of Fact and with suitable performance escrow's for vegetation re- establishment and dirt stockpiled restoration. Seconded by Mayor Fournier. All in favor. Motion carried. There was no additional planning items. 7. Andrew MacArthur City Attorney: 7.1. Discussion of contract with Dayt Mr. MacArthur stated the contract is in process. Marcus Miller informed the Council there are still deeds that haven't been signed. Mayor Fournier directed Mike Robertson to make sure all costs are assessed back to these property owners and to check city records for the past one to two years for costs. Mayor Fournier motioned to continue the 62nd Street Issue to the May 4, 1998 Special City Council Meeting. Seconded by CM Ackerman. All in favor. Motion carried. 7Consider Assessor's Contract. Mr. MacArthur said Pete Merges, City Assessor, has been having PERA and Social Security withheld from his wage for a substantial number of years. According to PERA there is no exemption for any independent contractor, which Pete is. Mr. MacArthur advised the Council they have two choices on Pete's status: 1. Temporary employee. 2. Independent Contract. A temporary employee can be exempted from certain benefits but could continue receiving the PERA and SS benefits. A temporary employee is also eligible to receive workers compensation and unemployment benefits. Pete Merges stated he wants to continue the way he has been handled and doesn't want any change. Pete also requested a $.25 per parcel increase effective September 1, 1998 for a total $6.75 per parcel. Pete noted this is what Wright County Assessor's Office is receiving. CM Berning motioned to direct the City Attorney to write up a contract for the City Assessor as a part time employee and the requested wage increase and present it at the next City Council Meeting. Seconded by CM Ackerman. All in favor. Motion carried. There were no other legal items. City Council Meeting of April 27, 1998, cont'd. Page 4. 8. John Harwood City Engineer* 8.1. Review Sanitary Sewer Alignment North of nuaday and River Road and east of CSAH 42. John Harwood reviewed his attached report. George Sebeck, 8116 River Road NE. Mr. Sebeck requested clarification on this alignment since his property is involved. He asked, how is development determined, how was this alignment determined to have the least impact to property, tree clearing should be done regardless of sewer project, why isn't the city moving forward with the street at this time, and why a 250 feet easement. Mr. Harwood responded that the easement is located in low land and wetlands because they are unbuildable and this is a judgment call. This location seems logical for a street but not is absolute. The width of the easement was first identified five years ago as drainage from Hwy 101 and described over wetland. This easement was to be used for the sewer project and may not need to be this wide. In reviewing the attached exhibits, Mr. Sebeck stated he is leaning towards B-2. Mayor Fournier motioned to use Exhibit B-2 for alignment for the sewer and water main. Seconded by CM Heidner. All in favor. Motion carried. 8.2. Review location of pump house (selected site). The City Council discussed with John Harwood the location of a pump house to be located on City property (the three acres south of 85th street and north of ISD 728 property formerly owned by John Lefebvre). Mayor Fournier asked all Councilmembers to review this property before a final decision is made. There were no other engineering items. 9. Council Items: 9.1- Any Council Business - 9.1.a. usiness_9 1 a Appoint anew Planning_ Commission member/alternate. Mayor Fournier informed the Council that Planning Commission Member Ing Roskaft, due to health issues, has requested to be moved to the alternate position. There was discussion on increasing the Planning Commission to two alternate position. CM Heidner motioned to leave the Planning Commission with seven (7) members and one (1) alternate position. Seconded by CM Ackerman. Voting For the Motion: Mayor Fournier, CM Wendel, CM Ackerman, CM Heidner. Voting Against the Motion: CM Berning. Motion carried four (4) to one (1). CM Wendel motioned to appoint Ing Roskaft as alternate Planning Commission Member as Mr. Roskaft requested. Seconded by CM Ackerman. All in favor. Motion carried. CM Heidner motioned to appoint Christian Mbanefo as a member of the Planning Commission. Seconded by CM Wendel. Voting For the Motion: Mayor Fournier, CM Heidner, CM Wendel, CM Berning. City Council Meeting of April 27,1998, cont'd. Page 5. Abstained: CM Ackerman (She did not attend the interviewing process) Motion carried. Mayor Fournier directed staff to notify all applicants. Mr. Robertson updated the Council that he has received a list all participants in the Community Rec. Program and staff is in the process of reviewing. Further information will be available at the next Council Meeting. Mike also informed the Council he attended the Community Rec. Meeting today. They will be holding a Visioning Session on the evening of May 7, 1998. 93_ Elaine Beatty, City Clerk - update. Mrs. Beatty had'no update. 9.4. Consider Claims List forapproval, CM Heidner motioned to accept the Claims List as presented. Seconded by CM Ackerman. All in favor. Motion carried. 9.5_ Adjourn by 10 PM. CM Berning motioned to adjourned. Seconded by CM Ackerman. All in favor. Motion carried. Meeting a 'ourned at 50 9:PM. Cx z� ayor La Fournier 4 Attest: Elaine Beatty, City Clerk/ ning Adm. Recorded by: Judy Hudson, Deputy Clerk City Seal