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11-28-1994 City Council MinutesCNOV2894 CITY OF OTSEGO REGULAR COUNCLL MEETING IN THE CITY OF OTSEGO, COUNTY OF WRIGHT, STATE OF MINNESOTA REGULAR COUNCIL MEETING NOVEMBER 28, 1994 - 7:30PM 7:30PM REGULAR COUNCIL MEETING FOLLOWS: 1. NORMAN F FRESKE, MAYOR WILL CALL MEETING TO ORDER: Norman F Freske called the meeting to order at 7:30PM. ROLL CALL: Norman F Freske, Mayor, Doug Lindenfelser, Floyd Roden, Larry Fournier, and Ron Black , Council Members were present. Also present were Elaine Beatty, Deputy Clerk/Zoning Administrator and Judy Hudson, Secretary. Professional Staff present was Larry Koshak and Andy MacArthur. 2. CONSIDERATION OF MINU T ES: Workshop Nov. 3, 1994: RON BLACK MOTIONED TO APPROVE MINi_TTES, FLOYD RODEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. November 14. 1994, Regular Council Meeting: Larry Fournier said on Pg 5, near the top - Change Dissolve to Resolve, " The Creek" not Otsego Creek LARRY FOURNIER MOTIONED ADOPTION WITH AMENDMENTS. FLOYD RODEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. CONSIDER AGENDA APPROVAL - ADDITIONS OR DELETIONS: 3.1. TOM OSBORNE HOME EXTENDED BUSINESS DISCUSSION: Norman F Freske wanted to continue to Dec 12, Council as the minutes said. LARRY FOITRNTER MOTIONED ADOPTION OF AGENDA WITH MAYOR FRESKE'S AMENDMENT. FLOYD RODEN SECONDED TI MOTION. MOTION CARRIED UNANIMOUSLY. Jackie and Roger Rognli and Boy Scout Troop #90 from Rogers were welcomed to the Meeting. Councilmembers Elect, Vern Heidner and Suzanne Ackerman were also Welcomed by Mayor Freske. 4. OPEN FORUM: Fran and Fred Kasper to discuss there taxes. Mayor Freske said they have ten acres and they have green acres. Vern Heidner called Wright County, and in the last two years the County has reevaluated over 700 acres. If the property income was less than 50%, the classification was changed to residential. Mrs. Kasper said they are paying the same taxes as Homestead and have 120 acres. Ron Black said it is a reclassification for tax purposes. The only way to deal with those is to appeal with the County. If an agreement isn't worked out it goes to the Tax Court. Sherburne County did the same thing. CITY OF OTSEGO REGULAR COUNCIL, MEETING MH U 1ES OF NOVEMBER 28, 1994 PAGE 2 Andy MacArthur agreed you have to make those appearances. Mr Kasper said if he is classified Residential he should be able to sell a lot or two off his property without getting any guff. Ron Black said he knows of a name of a person that can help out in this. 5. ANDY MAC ARTHUR, CITY ATTORNEY: Andy MacArthur appeared before the Council 5.1. UPDATE ON WILD AND SCENIC ORDINANCE: Andy MacArthur explained the changes in the Ordinance and submitted it to the State. They are to fax comments by December 7th, 1994. Bob Kirmis and Andy will meet with the DNR on December 9, 1994 at 1 OAM 5.2. DISCUSSION OF STREET SWEEPINGS AND ORDINANCE CHANGE: Andy MacArthur submitted an Ordinance Amendment that will take care of street sweepings. We have to amend the Solid Waste Ordinance, Sec 2,1, He read same, Bob Kirmis and Andy have looked this over. We also have to amend the landfilling and Zoning Ordinance. Bob Kirmis did an amendment, which Andy MacArthur read. If standards are not met the street sweepings would be put in a landfill. Hearing is set December 21, 1994 with Planning Commission. Larry Koshak said he and Andy met and agreed that this is the way to handle street sweepings. Sweepings must be screened and free from pollutants. The standards are defined by MPCA. Larry Fournier asked if Larry Koshak is notified on a timely basis, if this material is coming in? Discussion of the last time street sweepings were brought in in violation of the ordinance. Larry Fournier asked how is it monitored? Larry Koshak explained that an application is taken and testing of the material must be submitted. Andy MacArthur talked about the application process. LARRY FOURNIER MOTIONED TO SEND THE SOLID WASTE AMENDMENT TO THE P.C. FOR PUBLIC HEARING AS FITS 1'IIERE SCHEDULE. FLOYD RODEN SECONDED THE MOTION. MOTION CARRIED UNA_NIMOUSLY 5.3. DISCUSSION OF ASSESSMENT POLICY: Larry Koshak said the Assessment Policy was discussed. They will come back with a full packet and would appreciate any information. Hearing for 88th Street is set for the December 12, 1994. DOUG LINDENFELSER MOTIONED. LARRY FOURNIER SECONDED. TO HAVE THE ASSESSMENT POLICY ON THE AGENDA OF THIS 12TH OF DECEMBER FOR THE COUNCIL MEETING. 5.4. UPDATE ON BERGE-WILSON DRIVEWAY ISSUE: Andy MacArthur explained, he and Larry Koshak met and have worked up an agreement for them to sign. It has been sent. CITY OF OTSEGO REGULAR COUNCIL, MEETING MINU FES OF NOVEMBER 28, 1994 PAGE 3 Larry Koshak said they are required to close the driveway, except for deliveries. They do have a business that is grandfathered in. The driveway was allowed, but agreed the gate would be locked and they would close the other driveway. The other issue is their property could be a ponding area for the Hall's Project. They are in the Ru' vt program. They are digging a half acre pond, which was allowed by Soils and Water. Andy MacArthur said they have an existing conservation easement over their property. More discussion. 5.5. DISCUSSION OF MRD REOUEST FOR TIME EXTENSION ON PLAT: Andy MacArthur sent out a written agreement to Mary Dare and partners. Elaine Beatty has received the signed agreement. Norman F Freske brought up the projected schedule by Larry Koshak. Larry Koshak explained the projected schedule to get the plat on line by Feb. 15th, 1995. (See Larry Koshak's schedule) A. Amendment to the moratorium: Andy MacArthur had an amendment drawn up. Larry Koshak explained that this would be held at the 12-21-94 P.C. Meeting. Ron Black said it should be written that this is suggested to the Council only and not binding. He suggests it be for consideration, instead of adoption. If questions come up there needs to be time to react. FLOYD RODEN MOTIONED, RON BLACK SECONDED, TO SET THE H N,ARING DATE FOR FILE 21ST OF DEC AT THE P.C. FOR THE AMENDMENT TO THE MORATORIUM. MOTION CARRIED UNANLMOUSLY. 5.6. RESOLUTION TO CONSIDER CHANGE OF PERSONNEL POLICY Andy MacArthur explained the amendment to the Personal Policy and why necessary. FLOYD RODEN MOTIONED, LARRY FOURNIER SECONDED, TO APPROVE THE RESOLUTION AMENDING TAS' CITY OF OTSEGO PERSONNEL MANUAL. MOTION CARRIED UNANIMOUSLY. Discussion was had on same. Ron Black stated that the auditors should review re: compensation. 5.7. ANY OTHER LEGAL BUSINESS When we received the $36,000.00 from Mn/DOT, we apparently did not sign the release. We need a Resolution Park Construction was to do the resolution. Larry Koshak explained. Ron Black asked about the law suit on the Bldg. Andy MacArthur is in conciliation court with it. Larry Fournier brought up the information on police from the Federal. Government. 6. LARRY KOSHAK, CITY ENGINEER: 6.1. MRD PLAT AND PROJECTED SCHEDULE FOR APPROVAL (SEE #5.5 Atty. above) See above in Legal Items CITY OF OTSEGO REGULAR COUNCIL MEETING MINUTES OF NOVEMBER 28, 1994 PAGE 4 6.2. UPDATE ON COUNTY TRONSPORTATION PLAN - 2ND MEETING: Larry said the Co plan is positive for Otsego. There are no projected turn -backs for Otsego. E -W routes are positive. It builds a strong transportation system. He felt some Council people should attend this meeting upcoming. There was a lengthy discussion on Albertville interchange. There is a packet that Larry K. handed out. Larry said 19 will be a significant thorofare. More discussion. Another alternative is to relocate the whole intersection to the West, East of Kadier. They can recommend it verbally at the County Bd. Meeting or do a resolution from the Council RON BLACK MOTIONED, FLOYD RODEN SECONDED TO MAKE THE RECOMMENDATION TO THE WRIGHT CO TRANSPORTATION DEPT. RE RELOCATING THE INTERCHANGE ON I-94 AND CSAH 19 TO THE BOUNDARY OF THE CITY OF OTSEGO AND ALBERTVILLE. MOTION CARRIED UNANIMOUSLY. Larry F also suggested sending appropriate State and Federal agencies and Representatives for the State and Federal Government copies of this letter. - NOVEMBER 29, 1994 AT 7PM IS THE MEETING DOUG LINDENFELSER MOTIONED, RON BLACK SECONDED THE MOTION TO HAVE LARRY KOSHAK ATTEND THE CO. TRANSPORTATION MEETING FOR THE CITY OF OTSEGO REPRESENTATIVE. MOTION CARRIED UNANIMOUSLY. More discussion of the Plan and ISTEA Grant for Otsego was acknowledged and supported by the County. This is a plan and will be adopted by the Board after the Hearing. Ron Black asked about the Park Access on 96TH ST, what is the issue? Larry K said they asked the Co to help with upgrade of the street that is at the entrance to the Co Park. 6.3. UPDATE ON TRANSPORTATION CONCEPT PLAN FOR PLANNING DIST #4: Larry K said the P.C. recommended approval and adoption and it will be brought up on 12/12/94 Council Meeting. Elaine Beatty brought up that the Planner wanted to meet with the Council before it is brought to the Council. Larry K explained that his issue is about the developeability of the property along there. Larry K and Norm Freske will call Dave Licht to see if they will need a meeting and possibly meet 1/2 hr. before the regular Council Meeting. Norm Freske tried to call Dave Licht. He was not in. 6.4. CONSIDERATION OF AGREEMENT ON #39 AND #101 TRAFFIC CONTROL SYSTEM APPROVAL: Larry K said they reviewed this agreement. It is a typical agreement made with the Cities on these matters. He recommends they sign the agreement and contact Elk River Utilities to enter into an agreement to relamp and provide the services required. Larry F asked what happens if we don't sign this agreement. Larry K said there is language that we have to. RON BLACK MOTIONED TO ENTER INTO THIS AGREEMENT WITH MN/DOT RELUCTANTLY ON CSAH 39 AND 101. FLOYD RODEN SECONDED. MOTION CARRIED 4 TO 1 WITH LARRY FOURNIER OPPOSING. Larry F said it is like a mandate and he doesn't agree. Ron Black said a lot of our residents get a specific benefit there. More discussion. Larry K brought up $1,500.00 ea. the clickers for fire and police for the 39 and 101 intersection. He suggested possibly a Lions or other club may be interested in supporting the project. More discussion was had on this. CITY OF OTSEGO REGULAR COUNCIL MEETING M1I U rES OF NOVEMBER 28, 1994 PAGE 5 Norm Freske called Dave Montibello as did Larry K. Wayne Fingalson called Elaine today and said they will send an agreement. Larry K explained he talked to Wayne Fingalson and the turn -over and how it would be worked. The State gave him one shift of plowing #241. Put on Dec 12th Agenda the Contract Agreement for maintenance of Odean Avenue NE with Wright County. Ron Black felt the agreement should say when the intersection of #37 and Odean is completed the maintenance agreement would be through. 6.6. ANY OTHER ENGINEERING BUSINESS: Norm Freske said he got a letter from Mn/Dot that was dated October 21, 1994. We got the letter last Wednesday. Mayor Norman F Freske felt we should get the information if it is in our District. Larry F agreed. Larry K said he felt Mn/DOOT is trying to get out of something. RON BLACK MOTIONED, LARRY F SECONDED TO HAVE LARRY K SEND A LETTER TO MN/DOT RE: LGU. MOTION CARRIED UNANIMOUSLY. Ron Black questioned having two local government units responsible? Larry K. explained the Co wetland in Otsego to the West and how that was handed. Larry K said this is another case where they are making special rules without including the communities. Ron Black said the LeFebvre Watershed District, what happens if Mn/DOT says we have other plans? They will send the letter that Elaine wrote and Norm Freske signed. Ed Dauphinais pond was discussed. Mn/DOT will also have a pond. Larry K said they have worked that out. 88TH ST and Turn lane - Is everything taken care of? Yes said Larry K. The light is to be put up there. Ron Black got information from Wayne Fingalson re: Levee. Judy copied for the Council. Larry K said tomorrow is the well start up at LOAM. It will be started and flushed out. Analysis was returned on the water. Water looks very good. Iron and Magnesium is 1.02 or so, better than Hinkley. No nitrates in the water. Iron and Magnesium are not a problem. It is a stain. Ochoa Ave letter has been composed. It needs an item from Andy MacArthur added for signature. 7. CITY COUNCE,: 7.1. BOARDS AND COMMISSIONS: A. EDAAC: Nothing new said Larry F. B. P,C. Transportation plan was discussed. Dec 7th PC/Council Meeting C. PARKS AND RECS BD: Nothing new 7:30 meeting tomorrow night D. #728 PARKS AND RECS JOINT POWERS: Nothing to report E. PUBLIC WORKS SUB -COMMITTEE: Discussion of Employee who quit voluntarily. Applications will be taken again in the Spring. F. OTSEGO CREEK AUTHORITY: Dan Lais has not returned Floyd Rodens call on the Study. CITY OF OTSEGO REGULAR COUNCIL, MEETING MINUTES OF NOVEMBER 28, 1994 PAGE 6 G. ADM. SUB—COMMITTEE — DISCUSS FINANCE OFFICER POSITION: Ron Black said the most recent word is that Lori Johnson will accept a position with us as a Finance Person. No decision has been made on the title. Doug Lindenfelser had been ill when we had the meeting with the potential Finance Person. He was told that the consensus of the meeting was to hire her. Larry Fournier discussed the salary and the savings they felt would be incurred by this finance person. 24 hrs a week was figured for part time basis. We gave her a verbal commitment. Now, it has to go through formal approval. LARRY FOURNIER MOTIONED TO HIRE LORI JOHNSON AS OUR FINANCIAL DIRECTOR STARTING JANUARY IST, 1995 WITH THE SALARY OF $37,000.00 YEARLY, FOR PART 1'iME BASIS. RON BLACK SECONDED THE MOTION. MOTION CARRI D UNANIMOUSLY. Doug Lindenfelser asked if we had contacted the Auditor and felt we could get a full time person for that salary.. Norm Freske said he felt the qualifications are what we need. Floyd Roden felt the qualifications would help save the City money and discussed job description. Ron Black discussed the qualification and the experience with the kind of problems that the City of Otsego is now facing. The experience in Finance, Personnel Contract Administration, Planning and Zoning items, Developers Contracts, etc. He talked about other Cities and Administrators who have not been successful and the fact that this is a local resident with roots in the area. LARRY F MOTIONED TO HAVE T H ter CITY BEGIN DEVELOPING A POLICY FOR HIRING AND FIRING EMPLOYEES FOR THE CITY OF OTSEGO. FLOYD RODEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Larry F felt it should be one of the Finance Director's first tasks, 7.2. DISCUSSION OF CURFEW (SEE INFO. FROM DEPUTY SHERIFF): We got the letter on this today. The Deputy was present - ( Terry Strege. ) Mayor Nortn Freske said we have to get the parents involved. He said he will bring out a printout of the problems that Otsego is having. Sgt. Hebin will be here next week. They are looking for something to fall back on they can use. He explained the problems. He said it is year round, but picks up in the Summer. More discussion. Vern Heidner said it is a popular item with residents. Suzanne agreed with him. 7.3. DISCUSS MOBILE HOME LISTINGS FOR FIRE SERVICE (REFUND FOR 3— HOMES): FLOYD RODEN MOTIONED, RON BLACK SECONDED TO MAKE THE NECESSARY CORRECTION REGARDING THE MOBILE HOMES PER LETTER DATED NOVEMBER 16, 1994. MOTION CARRIED UNANIMOUSLY. 7.4. CONSIDER 4 YEAR'I'I.RM FOR MAYOR — VS 2 YEAR TERM: Larry F said all other Council Members are four years and he does not see why the Mayor has to go thru the 2 yr election. Elk River just went to 4 yr Mayor term LARRY F MOTIONED TO HAVE THE MAYORS TERM FOR 4 YEARS. RON BLACK SECONDED THE MOTION. MOTION CARRIED 3 TO 1, DOUG LINDENFELSER OPPOSING AND FLOYD RODEN ABSTAINING. CITY OF O T SEGO REGULAR COUNCIL, MEETING IVHNU1'ES OF NOVEMBER 28, 1994 PAGE 7 Ron Black felt this would be best considered after the Election. There was no reason to make this an election issue. Mayor is nothing more than the Chair of the Meeting. When we brought this to the residents nobody came. I interpret this to be support. It takes at least 1 yr or longer for a person to understand what the City is all about. He explained further. Floyd Roden asked other than New Hope, which one has a 4 -Yr term? Doug Lindenfelser said that a lot of people don't want more than a 2 -year term. Some Cities get some people in there that they really don't want in there. More discussion was had on it. 7.5. UPDATE ON JERRY PERRA ULT' S RETIREMENT PARTY: Doug said he and Floyd and Judy met. They will go with Lubke Catering. Food will be, Chicken, Cake, Potato Salad, cole slaw, etc. Discussion of who should be invited. $5.00 ea. meal is the price. League of Cities and Township publication should be notified of Jerome Perrault's Retirement. 7.6. CONSIDERATION OF NO T IFLCATION FOR MN/DOT LGU - WETLAND REPLACEMENT (SEE LETTER): Discussed above 7.7. ANY OTHER COUNCIL BUSINESS: Nov 29 - 9:05 is the public Hearing on the Solid Waste issue. Vern Heidner will go to this meeting . Janet Canon called Norman F Freske and she was concerned about snowmobiles. 7.8. PAY ANY BILLS: Claims No.'s 1365 through 1437 were paid inclusively. LARRY FOURNIER MOTIONED TO CLOSE TH E MEETING FOR PURPOSES OF DLSCUSSING PENDING L1'1'1GATION. RON BLACK SECONDED THE MOTION. MOTION CARRFED UNANIMOUSLY. Discussion of pending litigation was had. RON BLACK MOTIONED, LARRY FOURNIER SECONDED THE MOTION TO REOPEN THE MEETING MOTION CARRIED UNANIMOUSLY. 7.9. ADJOURN BY 11PM: MOTION BY FLOYD RODEN, SECONDED BY DOUG LINDENFELSER TO ADJOURN. MOTION CARRIED UNANIMOUSLY. NOD FRESKE, MAYOR 4E. FLOYD „/". _0 : BLACK, COUNCIL DEPUTY ATTEST: ELAINE BEATTY, CLERK/ZONING ADM. ( CITY SEL. )