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12-27-1994 City Council MinutesCNOV2894.WPS CITY OF OTSEGO COUNCIL MEETING OF DECEMBER 27,1994 AT 7:30PM, IN THE CITY OF OTSEGO, COUNTY OF WRIGHT AND STATE OF MINNESOTA. REGULAR COUNCIL MEETING DECEMBER 27, 1994 - 7:30PM (TUES. DEC.27TH DUE TO CHRISTMAS HOLIDAY ON THE 26TH) 1. MAYOR NORMAN F FRESKE WILL CALL THE MEETING TO ORDER: Mayor 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 AND JEROME PERRAULT, CLERK, JAMES BARTHEL, TREASURER, ELAINE BEATTY, DEPUTY CLERK/ZONING ADM. AND JUDY HUDSON, SECRETARY WERE PRESENT. Also present were Vern Heidner and Suzanne Ackerman, New Councilmembers Professional Staff present as follows: Merlin Otto, Engineer, Dave Licht, Planner and Andy MacArthur, Attorney 2. CONSIDERATION OF MINUTES: 12/12/94 - Regular Council Meeting. Pg 8 Larry Fournier brought up "The City is comfortable with one source of permanent power, of Wright- Hennepin Electric for Munc. Well." Is how it should read. LARRY FOURNIER MOTIONED TO APPROVE ADOPTION OF THE 12/12/94 MINUTES WITH THE ONE CHANGE. SECONDED BY FLOYD RODEN. MOTION CARRIED UNANIMOUSLY. MOTION BY FLOYD RODEN, SECONDED BY DOUG LINDENFELSER TO APPROVE THE DECEMBER 14,1994, 7PM, TRUTH IN TAXATION MEETING MINUTES. MOTION CARRIED UNANIMOUSLY. 3. CONSIDERATION OF AGENDA (ADDITIONS AND DELETIONS): Ron Black would like to have added after Open Forum, to appoint an Interim City Clerk/ Treasurer and Assistant Treasurer. LARRY FOURNIER MOTIONED TO APPROVE THE AGENDA AS WRITTEN WITH AMENDED CHANGE. SECONDED BY DOUG LINDENFELSER. MOTION CARRIED UNANIMOUSLY. 4 DON HEINZMAN, FROM ELK RIVER STARNEWS REGARDING NEWSPAPER DISTRIBUTION: Don Heinzman from Elk River Star News, was welcomed, at Council's request. He referred to his memo as to where the delivery service is in the City of Otsego. The cost to deliver the papers in Otsego is $43,000.00. He said there is a zigzag School Dist. boundary line, we try to distribute to all of District #728. Doug Lindenfelser said he would like to see the rest of the residents reached in Otsego and asked about the additional cost. Don Heinsman said the cost is $4,000.00 in addition. Advertisers pay for the cost amount now. A year or two ago they cut out an area outside of the school district boundary. CITY OF OTSEGO COUNCIL MEETING MINUTES OF DECEMBER 27, 1994 AT 7:309PM - PAGE 2 - Norm Freske said in other citys some people buy their own paper outside the service area. Doug Lindenfelser said seeing that it is our City's official paper, he would like to see all the residents get it and that is the residents concern. Don Heinzman said he has never had anyone call him. More discussion of other areas paying for the paper. Talk about increased rates. Ron Black said the Star News is delivered to all the area surrounding Albertville. Do you also include South of Co.37? Don Heinsman said part of where we go is determined by the route. It is expensive to deliver partial routes. The area West of Kadler Ave.does not receive the Star News said Ron Black. This is not a School District map. Don said he would appreciate having the whole area delivered to. You can split the $4,000.00 cost. You could buy that equalivent amount of advertising for the City. Larry Fournier asked if he could justify a $4,000.00 increase. Don said he just raised rates. He does not like to raise more than annually. Ron Black said that the Star News does actively solicit adds. One add costs more than $18.00. Larry Fournier suggested we put an add in the Otsego View newsletter quoting the cost for an add. LARRY FOURNIER MOTIONED TO PUT AN ARTICLE IN THE OTSEGO VIEW SAYING THE RESIDENTS CAN GET (SPECIAL RATE) $15.00 A YEAR SUBSCRIPTION TO THE ELK RIVER STAR NEWS(NORMALLY COSTING $20.00). RON BLACK SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5. OPEN FORUM: Nothing on Open Forum. MAYOR FRESKE: Mayor Freske asked for James Barthel, Floyd Roden and Doug Lindenfelser to come forward. a plaque was presented to James Barthel, Floyd Roden and Doug Lindenfelser for distinguished Service. 7yrs, 13, and 14 years each in order served. Ron Black said the fmance officer was expected to be on board, but those plans have changed. Pending appointment of the new City Clerk by the Council, Ron made the following motion. RON BLACK MOTIONED TO APPOINT ELAINE BEATTY INTERIM CITY CLERK/ LARRY FOURNIER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. RON BLACK MOTIONED TO APPOINT JEROME PERRAULT INTERIM TREASURER AND JIM BARTHEL INTERIM ASST. TREASURER UNTIL NEW FINANCE DIRECTOR IS IN PLACE. FLOYD RODEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Norm Freske said we did not forget Jerry Perrault of 50 years. A party is planned Jan 22, 1994 to honor him. 6. DAVE LICHT, CITY PLANNER: Dave Licht appeared before the Council. 6.1. DISCUSSION OF ANDERSON/BULOW LAND: Dave Licht explained the development for the above property. Discussions of possibly extending the Urban Service Area. One point of concern is clarification of development rights that are there today. CITY OF OTSEGO COUNCIL MEETING MINUTES OF DECEMBER 27, 1994 AT 7:30PM -PAGE3- Based upon a review of the plat, which was done in 1857 as part of the original Townsite, exceedingly small lots, with blocks, etc. were created. He talked about the Ordinance requirements. The entire area must go through a resubdivision. Given the fact there are right- of- ways in the area, our recommendation is one housing site per block that can be developed on a public road. We expect Mr Bulow will be coming forward with a proposal. Mayor Freske asked if we do it the way it is now, could he have 3- lots because of the wetland restrictions? Larry Founier questioned one single family home per block. What size are those? 2-1/2 acres was the answer. Chris Bulow said the interpretation of the rules can be done many different ways. There are some rights there. The easiest way to handle the matter would be to move the immediate service line. Obviously there could be some excess cost to the City. There is a possibility of development there. I do not want to develop it in the wrong fashion. It makes sense to develop it in the proper fashion. More lots, but same amount of access to Nashua. I have a preliminary plat drawing. It seems easiest to move the line. Dave Licht asked what is the basis, what rights does he have now, and what do you wish to pursue. Our office does favor a PUD in recognition there is the original Townsite there. At this point we are determining existing rights. Now Chris can go through the process. We can judge the subdivision and worry about how to handle it. Andy MacArthur has discussed the matter with Chris and Mr. Lundberg, his attorney. The City could take the position that there are no development rights. My feeling is the best we can do is compromise. It is not a clear cut issue. The question is the extent of the rights. We need to look at the overall plat. It is not entirely clear what is left there. It should be gone over parcel by parcel. It is a problem that needs to be addressed. Floyd Roden said he agreed with Andy MacArthur and the City not to spend a lot of money fighting this. Nashua Avenue is a major road and it should go through a compromise process. Larry Fournier asked Andy if the City can go in and vacate the whole business? Andy said yes but they can appeal it. As a Twp the question was the cost. You would have to get an estimate from Larry Koshak's office. Chris Bulow asked any idea of cost to the City would be of moving the line or PUD? Dave said it would be the same. Mayor Freske asked if we want to work something out? Ron Black said he does not want to work anything out until he sees what is on the table. Larry Fournier agreed. Chris Bulow took an application for a subdivision with him and the street specifications. 6.2 HISTORICAL FRAGMENTS DISCUSSION: Dave Licht explained Marcia VanDenHuls request to expand into the house on the site. The property is governed under an interim use permit that the Council and Ramblin Rose agreed to. Dave explained it was agreed under a temporary basis we would recognize the floral operation. Renting the house is not easy. The location is not desirable and does not function well as a housing unit. Rather than go through any zoning change at this point, we amend the interim use permit to allow Historic Fragments to go into the other property there. It would be temporary. It would be an expeditious way to resolve the problem. Ron Black commented that Mr Kirmis set forth in his report, regarding sign violations, and if we do this, that any sign violations and the deal is off. Dave Licht said we have raised this to Marcia. Larry Fournier. asked if he is recommending a Comp Plan amendment. Dave said no, we are recommending the condition to allow Historic Fragments to go into the house. Dave said we can come back to the Council with the agreement if this is agreeable. Council agreed. Marcia wants to be occupying the house by Feb 1, 1995. January 9, 1995 Council Agenda this will be brought back. She will bring in the sign information for Staff to review. CITY OF OTSEGO COUNCIL MEETING MINUTES OF DECEMBER 27, 1994 AT 7:30PM - PAGE 4- 6 3 CONSIDER REQUEST BYMARY ALEIANDER OF 8075 OGREN AVE NE, CUP (MINIATURE HORSE): RON BLACK MOTIONED. DOUG LINDENFELSER SECONDED THE MOTION TO ADOPT THE PLANNING COMMISSION'S RECOMMENDATION OF APPROVAL OF MARY A LEIANDERS. MOTION CARRIED UNANIMOUSLY. 6 4 CONSIDERA PROPOSED WILD AND SCENIC RECREATIONAL ORDINANCE: Andy MacArthur explained the reformatting of the Ordinance, essentially it is the same as before. Andy explained the subdistricts on the map. The Intent is the same, but reformat is based on geographical location. We have incorporated the permitted and conditional uses as part of the Ordinance. Other changes were sections of the Mn. rules and printing them out, restrictions for marina, etc. Pending any questions, Draft #5 shows the changes and strikeouts and he has a clean copy for passage. The Planning Commission recommended passage. LARRY FOURNIER MOTIONED TO ACCEPT THE P.C. RECOMMENDATION AND APPROVE THE LATEST VERSION OF THE WILD AND SCENIC RECREATIONAL ORDINANCE NO. 94-2 . RON BLACK SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Andy asked the Council to approve the summary for publication. RON BLACK MOTIONED. FLOYD RODEN SECONDED TO APPROVE THE SUMMARY OF THE WILD AND SCENIC RECREATIONAL ORDINANCE FOR PUBLICATION. MOTION CARRIED UNANIMOUSLY TO APPROVE THE SUMMARY FOR PUBLICATION. A AI k4 t •► 11 t 4.•► • :14I ►11,4I ► • Andy MacArthur explained it is an amendment to the LeFebvres Watershed Moratorium. Planning Commission recommended approval. RON BLACK MOTIONED ADOPTION OF THE AMENDMENT TO THE LE FEBVRE'S WATERSHED MORITORIUM. SECONDED BY FLOYD RODEN. MOTION CARRIED UNANIMOUSLY. 6.6. CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE RE: CAMPAIGN SIGNS: Dave Licht explained the Campaign sign Amendment. He Recommended approval, as did the Planning Commission. LARRY FOURNIER MOTIONED TO APPROVE THE AMENDMENT REGARDING CAMPAIGN SIGNS. DOUG LINDENFELSER SECONDED. MOTION CARRIED UNANIMOUSLY. 7. ANY OTHER PLANNING BUSINESS: None. 7. ANDY MACARTHUR, CITY ATTORNEY: Andy MacArthur appeared before the Council. 7.1. SEE 6.5 ABOVE (LE FEBVRE'S WATERSIJED AMENDMENT): See above. CITY OF OTSEGO COUNCIL MEETING MINUTES OF DECEMBER 27,1994 AT 7:30PM - PAGE 5 - 7.2. CONSIDERATION OF A WATER RATE ORDINANCE FOR THE CITY: Andy MacArthur explained the Ordinance for water rates. This would be the beginning of water and sewer rates. We do need an Ordinance to apply those rates to the School. This is bare bones, establishing the utilities, the City Clerk is in charge of managing the Utilities. It requires mandatory hookups when available and would be determined by the City Engineer. He explained further. You can look at it and if it is OK it would be brought back the first of the year with a resolution. Larry Fournier asked why we need a rate since we only have one Customer. Andy said we need an Ordinance in effect. The school rate would be in there. PUT ON JAN 9, 1995 COUNCIL AGENDA - PROPOSED WATER RATE ORD. 7.3. ANY OTHER LEGAL BUSINESS: NONE 8. MERLIN OTTO, ENGR: Merlin Otto appeared before the Council 81 DISCUSSION OF THE ISTEA APPLICATION FOR THE YEARENDING 1998: Merlin Otto, explained the ISTEA application was received. This was brought to the Parks Committee and they didn't want to participate. It was asked to be brought before the Council. We can get started if you want to direct us to do this. It is my understanding the Parks Commission turned it down because the amount of money already allocated to parks for grants. The other argument that anytime you can get funds you should. Your chances are good. Norman F Freske said the grants are great, but matching grants need to be done. Carl Swenson explained that the majority of the Park and Recreation Committee felt we should not ask for that money at this time. Ron Black said he sees that as short sighted. There is no guarantee there will be money. If the money is there we do not have to draw on it. To me it would be a mistake not to be eligible. We are talking about 1998. If we say no, the door is closed. You do not have to take the draw in 1998. The Cost to prepare the grant is $1,800.00 to $2,200.00. Larry Fournier agreed with the Parks Committee as they recommend we proceed with some projects planned. Mayor Freske asked if it would hurt our chance in the next few years. Merlin said it is not too often that State Agencies give encouragement. The other thing is weither or not those things are funded in the future. Carl Swenson said in answer to Ron, one point is we get another chance next year. The second is $3,000.00 for the proposal needs to be made immediately. That is why the Planning Commission did not want to ask for the money. Dave Licht said he would reinforce what Merlin said. If funds are available and at some period of time, you are telling them you are not interested, they will find someone that is. Ron Black said for a little bit of seed money we are keeping our name on a list. Floyd Roden said on the original grant we worked two to three years. The money is reimbursed but it could be 1998-99. CITY OF OTSEGO COUNCIL MEETING MINUTES OF DECEMBER 27, 1994 AT 7:30 PM -PAGE 6 - Larry Fournier said his concern was the Park and Rec's Board recommended not to do this. Floyd Roden explained that they were worried about the budget. More discussion of budget. Ron Black said thee money was there. RON BLACK MOTIONED TO AUTHORIZE HAKANSON ANDERSON AND ASSOC. TO PREPARE AN ISTEA GRANT FOR 1998 FISCAL YEAR. NORM FRESKE SECONDED THE MOTION. FOR THE AMOUNT FROM $1,800 TO $2,000.00. MOTION CARRIED WITH LARRY FOURNIER OPPOSING. Floyd Roden agreed but wanted to run it through the Parks and Recs. Board. Merlin Otto said the grant would be $240,000.00 level. 8.2 ANY OTHER ENGINEERING BUSINESS: Merlin Otto brought up the second grant we received for $50,000.00 for Prairie Park from the DNR. Mayor Norman F Freske commended the Park and Recreation Board for all they have done. 9. CITY COUNCIL ITEMS: 9.1. BOARDS AND COMMISSIONS: A. EDAAC: Nothing to report. R. P.C. The Planning Commission was asked to follow up on transportation District #4. This will be done at the next meeting. The other items were considered tonight. C. PARKS AND RECS. BD: Just covered it said Floyd Roden. D. #728 PARKS AND RECS. JOINT POWERS: No Report F. PUBLIC WORKS SUB -COMMITTEE: Culverts on Ochoa - Elaine explained a letter on a vacant lot that they did not want a culvert. The other person wanted a culvert (Mr Tholks) 1996 and 1997 they are asking for ISTEA. Merlin said that is what they commented on. F. OTSEGO CREEK AUTHORITY: Floyd Roden said they had a meeting on 12/20/94. They had contacted Dan Lais from DNR. He wants to meet with Larry Koshak to discuss work done by Hakanson Anderson. We approved that they meet and work on it. It should be approved by the City Council. It would be one afternoon as far as Larry Koshak is concerned. Dan Lais could then do more studies on his own. FLOYD RODEN MOTIONED TO HAVE LARRY KOSHAK MEET WITH DAN LAIS DNR RE: OTSEGO CREEK. LARRY FOURNIER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Norm Freske asked if there is any plan to do something this year. Floyd Roden said Dan Lais has run out of time. He has to meet with Larry Koshak. CITY OF OTSEGO COUNCIL MEETING MINUTES OF DECEMBER 27, 1994 AT 7:30 PM - PAGE 7 - Larry Fournier said they discussed membership in the Otsego Creeek Authority. The by-laws says each City will appoint two Council Members and one Planning Commission member. Mike Potter motioned to amend that to appoint anyone a member. (Add or another member appointed by the Council.) LARRY FOURNIER MOTIONED TO AMEND THE OTSEGO CREEK AUTHORITY TO ADD "OR ANOTHER MEMBER." DOUG LINDENFELSER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Rational is that we have people that are working with DNR, Etc. If someone is doing well we may wish to keep them. G. ADM. SUB -COMMITTEE: GG. DISCUSSION OF FINANCE OFFICER: Ron Black said most of the information we have gotten is from the Star news. The only puzzler is why the Administrator for the City of Elk River waited until he knew who the offer came from before doing anything. They knew in September that their Finance Director was looking elsewhere. I called Dave Lorenz who is Personal Director for Elk River School District. He was Assisstant Finance Director for Willmar. I asked Dave if he would be willing to work with us to develop a hiring procedure and go through the interview process I would like some sort of action by the Council to authorize us to work with Dave Lorenz. His role would be making sure the procedure would be legitimate, legal, etc. Floyd Roden had information regarding the hiring process and he left the information. Larry Fournier asked Ron what the price tag would be. Ron said $300.00. He would be delighted to work with us. LARRY FOURNIER SAID IF THE PRICE TAG IS $300.00 HE MOTIONED TO HAVE DAVE LORENZ ASSIST US IN THIS FINANCE OFFICERS PROJECT. RON BLACK SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY Ron Black said he would have more information by the January 9th Council Meeting. Larry Fournier asked if it would be appropriate to swear the Councilmembers in before the January 5th? Mayor Freske said the meeting on the 5th is workshop, no decisions will be made until January 9th and they will be sworn in then. 9.2. COUNCIL SET BUDGET FIGURES FOR 1995 LEVY: RON BLACK MOTIONED TO SET THE 1995 LEVY AT $643,560.00 SECONDED BY DOUG LINDENFELSER. MOTION CARRIED UNANIMOUSLY. 9 3 CONSIDERHIRING DEAN.,TOHNSON, PLANNER FOR ANNEXATION HEARING $8,000.00 - $12,000.00 Would be the figure for the Planner to have the Annexation Hearing. Dave Licht explained that this is not unusual. Larry Fournier said we budgeted $20,000.00 for the Annexation Hearing. This falls within the Budget. Atty. was $13,000.00 to $14,000.00. LARRY FOURNIER MOTIONED TO HIRE MR DEAN JOHNSON FOR PLANNING FOR THE ANNEXATION HEARING. RON BLACK SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. CTY OF OTSEGO COUNCIL MEETING MINUTES OF DECEMBER 27,1994 AT 7:30 PM -PAGE 8 - Andy MacArthur said the planners testimony is absolutely vital. Floyd Roden agreed. 9.4. DISCUSSION OF EDAAC SUGGESTED ORDINANCE FOR HOME EXTENDED BUSINESS: Larry Fournier said he would like 9.4 and 9.6 together and set a Council Workshop. LARRY FOURNIER MOTIONED TO HAVE A SPECIAL WORKSHOP MEETING TO DISCUSS THESE ISSUES IN JANUARY. Ron Black said wouldn't this be more appropriate to do when we know who we will have in staff? Larry Fournier would like this discuss Home Extended Businesses: LARRY FOURNIER MOTIONED TO HAVE A SPECIAL WORKSHOP MEETING ON JANUARY 11,1995 AT 7PM TO DISCUSS THE SUGGESTED ORDINANCE FOR HOME EXTENDED BUSINESSES FROM EDAAC. SECONDED BY NORM FRESKE. (JUST CITY COUNCIL/EDAAC) NO PROFESSIONAL STAFF . MOTION CARRIED 4 TO 1 WITH RON BLACK OPPOSING. THIS IS A TENTATIVE DA 1'E. Ron Black asked what was the purpose of discussion? Why not have our professional staff there. Larry Fournier said so we can discuss without outside influence and discuss with the writers of this Ordinance, to see if it has any merit. It should be done as a Council and Advisory Committee. If decided further the Professional Staff would be brought in. Vern Heidner said we sent the Ordinance regarding Home Extended Businesses to the EDA so that is who would be involved with it. Ron felt it would be more appropriate to have a joint meeting or workshop when the vacancies of EDAAC are filled. Meeting in March or April. Vern Heidner said his resignation from EDAAC would be the only one. March 1st their terms would take effect. 9.5. POSSIBLE RESIDENT CONaHTTEE RE: GARBAGE COLLECTION AND RECYCLING: Larry Fournier suggested we have a committee of residents look at this and take it from there. Doug and Floyd felt it was a good idea. Norm Freske said the County Commissioners say the costs will go down. More discussion In Elk River it went up $30% said Chris Bulow. Ron questioned if the committee would have some budget? Larry F said no. Mayor Freske felt the Council should meet with them. Floyd Roden said maybe we should put it in the Otsego View and see if anyone is interested. Jerry Perrault said if you assign districts you loose your competitive pricing. More discussion. 9.6. DISCUSSION OF PROFESSIONAL STAFF: To be done later. 9.7. CONSIDER CHANGING MEETING FOR HEARING ON STORMWATER DRAINAGE PLAN AND POLICY FROM 1/16/94 AT 7:30 TO 1Lt7/94 AT 6PM,DUE TO MARTIN LUTHER KING DAY ON 1/16/94: MOTION BY RON BLACK. SECONDED BY LARRY FOURNIER TO CHANGE MEETING DATE DUE TO MARTIN LUTHER KING DAY FROM 1/16/94 TO 1/17/94 AT 6PM. MOTION CARRIED UNANIMOUSLY. CITY OF OTSEGO COUNCIL MEETING MINUTES OF DECEMBER 27, 1994 AT 7:30 PM -PAGE9- 9.8. ANY OTHER COUNCIL BUSINESS: Curfew was brought up by Larry Fournier and put on next agenda. 9.9. PAY ANY BILLS: CLAIM NUMBERS 1521 THROUGH 1570 WERE PAID INCLUSIVELY. Mayor Norman Freske thanked Doug Lindenfelser, Floyd Roden and James Barthel for their service. 9.10. ADJOURN BY 11PM: MOTION BY LARRY FOURNIER TO ADJOURN, SECONDED BY FLOYD RODEN. MOTION CARRIED UNANIMOUSLY. FRESKE, MAYOR DOUG 4fND NFELSER OUNCIL FLOYD RODEN, COUNCIL R0BLACK, COUNCIL (CITY SEAL) EB LA Y FOURNIER, COUNCIL -�("- ATTEST: ELAINE BEATTY, DEP '1 CLERK/ZONING ADMINISTRATOR