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12-23-1991 City Council MinutesSTATE OF MN The City Council of the City of COUNTY OF WRIGHT Otsego met this 23 day of December, CITY OF OTSEGO 1991, at 7:30 PM. Norman F. Freske, Mayor, Doug Lindenfelser, Floyd Roden, Larry Fournier and Ron Black, Council Members, Jerome Perrault, Clerk, Elaine Beatty, Deputy Clerk, Judy Hudson, Secretary, James Barthel, Treasurer, and Dave Licht, Planner, were present. The meeting was called to order by Mayor Norman F. Freske. Motion by Doug Lindenfelser to approve the Minutes of the December 9, 1991, Council Meeting. Seconded by Floyd Roden, all Council Members voted in favor of the motion. Motion by Larry Fournier to approve the December 12, 1991, joint Council Meeting with the City of Albertville on condition the minutes be amended to include the Albertville Fire Dept. Members as being present at the meeting. Seconded by Doug Lindenfelser, all Council Members voted in favor of the motion. Motion by Larry Fournier to approve the Minutes of the Dec. 13, 1991, Special Council Meeting on condition the Organized Garbage Collection is removed as being an agenda item. Seconded by Floyd Roden, all Council Members voted in favor of the motion. The application of John Lefebvre for a farm accessory mobile home permit was then considered. Doug Vorderbruggen, who is to be the occupant of the mobile home, appeared before the Planning Commission Hearing and stated he is a full time employee on John Lefebvre's farm. The Planning Commission has approved the application with the following stipulations: The mobile home be inspected by the Building Inspector. The occupant provide a copy of his 1040 tax return annually. Motion by Ron Black to approve the farm accessory mobile home permit for John Lefebvre contingent upon meeting all conditions as outlined by the Planning Commission. Seconded by Floyd Roden, all Council Members voted in favor of the motion. Don Hozempa, Wright Co. Sheriff, appeared before the Council to discuss police service in the City of Otsego. He said the contracted Deputy Sheriff Patrol Service is working well from his end of the operation. Speeding has decreased and the Deputy Sheriff is now focusing on CO. 39. When they first started patrol service they focused on CO. 42 and picked up a lot of speeding violators but this has improved now. He also said they also provide patrol service in addition to the contracted 40 hrs and there is a patrol car in the Otsego area 7 days a week. Ron Black asked Mr. Hozempa if he could document as to what hours are spent in Otsego and exactly what time they are spent. He said all his Deputies keep logs however, some of the information on the logs is confidential. In addition to the contracted service, the Sheriff's Dept. handles all calls THE CITY OF OTSEGO CITY COUNCIL MEETING OF DECEMBER 23, 1991. PAGE 2 from the Otsego area 24 hours a day. Norm Freske asked about fire service calls on the 911 system as Otsego is considering contracting Monticello an Elk River to service the area which has been serviced by the Albertville Fire Dept. Mr. Hozempa said the 911 system and the Sheriff's Office would need the new information about the fire dept. service areas so they could give this information to the dispatchers, Mark Thiltgen, who lives at 10003 Parrish Ave., appeared before the Council to complain about the length of time it was taking to get a permit to build an addition to his home. Elaine Beatty explained that because his house is in a flood plain area the DNR has to approve the permit. She said she had talked to Dale Homuth (of the DNR) and he is aware of the type of permit Mr. Thiltgen has requested. She also said that because of publication time requirements, the earliest she was able to schedule the Hearing on his permit request before the Planning Commission was Jan. 22, 1992. David Licht commented on the Retail Sales (Cynthias) division of Riverwood Conference Center, He said the retail sales shall not occupy more than 500 sq. ft of space, sales shall be connected only to Riverwood Conference Center business patrons, and there should be no advertising or promotion of sales to the general public. Regarding Riverwood septic systems, they must be evaluated by the City Engineer before any additions are made, Larry Fournier asked who is to determine if retail sales are limited to Conference business. David Licht replied that most things they sell are related to Conference Center business, and also because of limited space in the sales area he does not expect it to be a problem. David Licht also advised the Council that the site plan for Riverwood has been finalized. Motion made by Floyd Roden to approve the Riverwood site plan. Ron Black suggested that all reference to the access road to the former 11 acre parcel be removed from the site plan Ron Black then seconded the motion, All Council Members voted in favor of the motion. David Licht then brought up the subject of 1 per 40 splits of Ag land, Up to now 1 per 40 splits up to 2 1/2 acres have been allowed by Staff action. He is considering an amendment to allow 1 per 40 splits up to 10 acres in size depending on the land, it's usability for farming purposes and the size of the building site being split off. He is also considering requiring a minimum of 150 ft. of road frontage for the lot split off instead of 200 ft. Motion by Floyd Roden to adopt an amendment allowing more than 2 1/2 acres and up to 10 acres splits in a 1 per 40 agricultural area. Seconded by Ron Black, all Council Members CITY OF OTSEGO CITY COUNCIL MEETING OF DECEMBER 23, 1991. PAGE 3 voted in favor of the motion. Motion by Ron Black to approve a minimum of 150 ft. road frontage for the lots split off in a 1 per 40 agricultural area. Motion by Ron Black to follow the Planning Commission recommendations and approve Dennis Havel's request for a 5 acre split off his 80 acre farm on the West side of Nashua Ave. The motion was seconded by Doug Lindenfelser. Floyd Roden asked if the 5 acre split included the wooded area and the big shed. He was told that it included the wooded area but not the shed, the shed was 100 ft. from the split. David Licht then discussed the escrow fee schedule for plan review of development applications. After a year's experience it seems the fee schedule we are using is not adequate to cover expenses and the City is required to bill applicants for additional fees. It would require less time for City to refund excess fees than it would take to collect additional fees. He recommended raising the Rezoning and Text Amendment fee to $500.00. He recommended raising the base fee for single family conditional Use Permits & Variances from $150.00 to $200.00 Elaine Beatty agreed that these charges were more in line with what it actually costs to process the applications. Doug Lindenfelser asked if $500.00 was a lot to pay for a single family application for a Conditional Use Permit. David Licht explained that the single family application is not required to pay an additional escrow deposit like businesses. Refunds can be given if the cost is not that much. Ron Black commented that he thought the suggested $200.00 base fee for Conditional Use Permits should be the same for both the single family and commercial applicants. Motion by Larry Fournier to adopt the Plan Review Fee Schedule as recommended by David Licht with one change, the base fee for Conditional Use permit & Variances applications be raised from $150.00 to $200.00 for all applicants. Seconded by Floyd Roden, all Council Members voted in favor of the motion. The council then discussed the Fire Dept. Service Contract with the City of Albertville. A letter was received from the Albertville City Clerk stating that if the city of Otsego does not agree to a contract with the City of Albertville for 1992 by 12:01 AM, January 1, 1992, the Albertville Fire Dept. will terminate fire protection service in the City of Otsego. The City of Albertville is requesting $27,588.37 for Fire Contract Dues from the City of Otsego in 1992. This figure includes a 28.234% share of $50,000 the City of Albertville wants to set aside for future equipment and building needs. Norman Freske said that because of the termination letter, the Otsego City Council has contacted the City of Elk River and the City of Monticello and they have CITY OF OTSEGO CITY COUNCIL MEETING OF DECEMBER 23, 1991. PAGE 4 agreed to service the area that was serviced by the Albertville Fire Dept. with Elk River to service the area East of CO. 19 and Monticello to service the area West of Co. 19. Roger Kirscht an Otsego resident who is also a member of the Albertville Fire Dept., said he was concerned about response time from a Fire Dept. 10 miles away, especially rescue service. Mike Potter, an Albertville Council Member, was present and said that (in his own personal opinion) he was not in agreement with the letter sent out by the Albertville City Clerk saying that Fire Dept. service would be discontinued January 1, 1992. Ron Black said he was dissatisfied with official Albertville action, however, we would be willing to continue negotiations with the Albertville City Council. Motion by Ron Black to contract with the City of Monticello and the City of Elk River to service the Albertville Fire Dept. service area in Otsego in 1992. Seconded by Doug Lindenfelser. Norman Freske said he was in favor of the motion on condition that negotiations continue with the City of Albertville. Ron Black said that this was the understanding that negotiations would continue. All Council Members voted in favor of the motion. Motion by Floyd Roden to pay the 1990 and 1991 Fire Contract dues to the City of Albertville ($13,590 for 1990 and $22,000 for 1991). Seconded by Larry Fournier, all Council Members voted in favor of the motion. Wright Recycling has submitted a bid to provide curbside recycling very two weeks for $1.34 per household or $2,221.00 per month for 1992. Tri -Cycle, of Plymouth, MN, has submitted a bid to provide curbside recycling for $2.15 per household or $3,547.50 per month for weekly pickups for 1992. Motion by Ron Black to reject all the recycling bids. Seconded by Doug Lindenfelser. Ron Black commented that the Wright Recycling bid was not signed and the other bid was too high. Floyd Roden said that (for insurance purposes) he had researched the cost of replacing the City garage and found that it could be done for $85,000. After discussing the matter, the Council decided to leave the insured value at $111,000 for the City garage and $85,000 for the City Hall. Judy Hudson discussed billing Park Construction for the maintenance of 70th St. The Council advised her to bill Park Construction at the rate of $75.00 per hour for both snow plowing and grading. Motion by Ron Black to have the specs for the new truck reviewed by Dave Chase and initialled by him. Seconded by Floyd Roden, all Council Members voted in favor of the CITY OF OTSEGO CITY COUNCIL MEETING OF DECEMBER 23, 1991. PAGE 5 motion. The St. Michael School District intends to meet with the Elk River School District to discuss school district boundaries in the City of Otsego and would like to have a representative from the Otsego City Council present at the meeting. Norman Freske volunteered to attend the meeting and Doug Lindenfelser agreed to service as his alternate if Norman is unable to attend the meeting. Motion by Ron Black to adopt the following Resolution: Be it resolved that: Whereas the City Council of the City of Otsego held a Truth in Taxation Hearing at the City Hall on November 21, 1991, at 7:30 PM: and Whereas the City of Otsego is under a levy limitation for payable 1992 of $354,504 with the exception of certain special levies; and Whereas the certified tax levy of $424,504 for 1992, an increase of $24,504 over the 1991 tax levy of $400,000, should result in little or no City Tax increase because of an increase in the 1991 taxable valuation of $1,308,924 to a $1,415,322 taxable valuation for 1992. Therefore, the City Council of the City of Otsego has determined that the final payable 1992 tax levy shall be the same as the 1992 tax levy certified to the Wright CO. Auditor on Sept. 5, 1991, to wit: General Fund (Revenue) $200,000.00 Road & Bridge Fund 154,504.00 Special Levy for Bonded Indebtedness70,000.00 TOTAL $424,504.00 The motion was seconded by Council Member Floyd Roden, All Council Members voted in favor of the motion. Motion by Floyd Roden to have a Public Hearing on the establishment of an Organized Garbage Collection System for the City of Otsego on January 27, 1992, at 6;30 PM. Seconded by Ron Black, all Council Members voted in favor of the motion. The Council reviewed the draft of the Newsletter submitted by Jacquie Rognli and approved its publication. Larry Fournier advised the other Council Members that he had contacted Dennis Havel and Myrtle LuConnic and both are willing to sell land to the City of Otsego for a City Hall site. Both of these properties border the East side of Nashua Ave. Also Richard Kincannon has 20 acres he would be wiling to sell which borders the Southside of 85th Street. Larry Fournier and Floyd Roden volunteered to meet with the land owners to discuss the possible purchase of one of the sites. Michelle Schuldt, a student at St. Cloud State College, CITY OF OTSEGO CITY COUNCIL MEETING OF DECEMBER 23, 1991. PAGE 6 has request permission to work as an intern with the Otsego City Staff as part of her college course in Urban Government Affairs. Elaine Beatty and David Licht would assign her a project to work on and this would be a non -compensatory position as part of her college course. Her advisor at St. Cloud State is Arthur Mehurhoff. The Council Members were receptive to the idea. Proceeding as a board of audit, the Council audited and approved verified accounts No. 1056 to 1096 inclusive. On motion the meeting adjourned. , NORMAN F. FRESKE, MAYOR DOUG LINDENFELSER, COUNCIL , FLOYD RODEN, COUNCIL , LARRY FOURNIER, COUNCIL , RON BLACK, COUNCIL Jerome Perrault, Clerk Attest; jeh ADDENDUM TO MINUTES OF DECEMBER 23, 1991, COUNCIL MEETING: CORRECTION: Motion by Ron Black to approve a minimum of 150 ft. road frontage for lots split off in a 1 per 40 Agricultural area was seconded by Floyd Roden and all Council Members voted in favor of the motion. Jerome Perrault, Clerk jeh