01-09-1995 City Council MinutesFILE: CNOV2894.WPS
CITY OF OTSEGO, REGULAR COUNCIL MEETING OF JANUARY 9, 1995 AT 7:30PM, IN
THE CITY OF OTSEGO, COUNTY OF WRIGHT AND STATE OF MINNESOTA
REGULAR COUNCIL MEETING
JANUARY 9, 1995 - 7:30PM
MAYOR NORMAN F FRESKE WILL CALL THE MEETING TO ORDER:
Mayor Norman F. Freske called meeting to order at 7:30 PM.
The Council and others present recited the Pledge of Allegiance.
ROLL CALL:
Mayor Norman F. Freske, Council Members Larry Fournier, Ron Black, Vern Heidner, Suzanne
Ackerman.
Also present were Andy MacArthur, Attorney, Bob Kirmis, Assistant Planner, Larry Koshak, Engineer,
Elaine Beatty, Clerk, Judy Hudson, Deputy Clerk, Carol Olson, Recep.
1.1. NORMAN F FRESKE WILL TAKE THE OATH OF OFFICE:
Oath given by Elaine Beatty.
2. OATHS GIVEN TO:
a. VERN HEIDNER, COUNCIL - BY ELAINE BEATTY:
Oath given by Elaine Beatty.
b. SUZANNE ACKERMAN- COUNCIL - BY ELAINE BEATTY:
Oath given by Elaine Beatty.
c. COUNCIL CONSIDER ELAINE BEATTY FOR CLERK POSITION (MOTION):
Motion by Ron Black , seconded by Larry Fournier. All in favor. Motion carried.
d. COUNCIL CONSIDER JUDY HUDSON FOR DEPUTY CLERK POSITION (MOTION):
Motion by Ron Black, seconded by Larry Fournier. All in favor. Motion carried.
e. OATH GIVEN TO CLERK AND DEPUTY CLERK BY MAYOR FRESKE:
Oaths given by Mayor Freske.
2.1. CONSIDERATION OF THE AGENDA (DELETIONS OR ADDITIONS):
Mayor Freske added meeting time change and employee negotiations. Councilmember Fournier added
City Well testing. Councilmember Heidner moved to set as proposed. Councilmember Black seconded.
No discussion. All in favor. Motion carried
3. CONSIDERATION OF THE MINUTES:
Councilmember Fournier moved to adopt minutes as written. Councilmember Black seconded. All in
favor. Motion carried.
4. ED DAUPHANAIS - RE: MINING PERMIT BILLING:
Mayor Freske stated that Clerk Beatty and City Engineer Koshak met with Mr. Dauphanais at City Hall
on Friday, January 6, 1995 and billing issue was resolved.
5. TOM BAILLARGEON, PARKS AND RECS: Tom Baillargeon appeared before the Council.
5.1. DISCUSSION OF USED BUILDING FOR PRAIRIE PARK:
Tom Baillargeon thanked Mayor Freske for letter of appreciation. The used building the Parks and Rec.
want to move to the Otsego Prairie Park is presently located by Tanner Lake and was built by Green
Giant. The Bldg. will be given away if someone will move it. Tom passed pictures around, he made two
inspection trips. The bldg. is 100' by 50' bolted together, totally heated, air conditioned, wired and
plumbed. Building is appraised at $175,000.
Mayor Freske was concerned how easily can bldg. be taken apart and put back together. Councilmember
Heidner asked about new bldg. codes for lead content on remodeling projects. Clerk Beatty suggested
looking into using monies from the DNR Grant for this project.
Councilmember Black motioned to direct the Park and Recs. Committee to do a Feasibility Study, using
the Bldg. Official, City Engineer and City Attorney. Councilmember Heidner seconded. All in favor.
Motion carried.
City of Otsego Council Meeting Minutes of January 9, 1995. - Page 2 -
DISCUSSION OF COMPOST:
The reason for the delay is to be able use grant money. The normal fee for the compost is $68 a ton but if
we take it now (a non -busy time) it's free. The County has done all soil testing. Larry Koshak is waiting
for the Data from the testing and he feels that storage will be an issue. Koshak also brought up that
Merlin Otto feels that this type of situation would come under the Grant and to make sure the City is in
compliance with ordinance.
Councilmember Black said Koshak's Office should give us the green light for this project.
Councilmember Black motioned to have the Park and Recs. Board go ahead with composting and work
with City Engineer. Councilmember Heidner seconded. All in favor. Motion carried.
WINTER FUN FEST - Tom Baillargeon discussed their plans for open house and Medallion Hunt and
invited the Council. Councilmember Black said our warming house is by far the best according to
comments he has received.
6. OPEN FORUM:
Mayor Freske welcomed the students from Elk River High School.
No one appeared to address the Council during Open Forum.
7. BOB KIRMIS, ASSISTANT CITY PLANNER:
7.1. HISTORICAL FRAGMENTS - AMENDMENT TO AGREEMENT (CONTINUE TO 1-23-95)
Ms. Marsha VanDenHul was present.
Assistant Planner, Bob Kirmis referred to the draft agreement dated January 9, 1995. NAC is waiting for
comments from the property owner and Ms. VanDenHul.
Ms. Van DenHul wants more signage and this is a unique situation. She wants two signs for business on
corner and one sign for other bldg. (one sign is already on the barn). Kirmis said any other business
requesting this would have to get a PUD.
Kirmis said to move the existing sign can be done through the agreement (City Attorney MacArthur
agreeing)
Councilmember Fournier moved to have the sign issue addressed by the agreement allowing the signs so
she can conduct her business. Mayor Freske seconded. All in favor. Motion carried.
7.2. DISCUSSION OF IMMEDIATE SERVICE AREA LINE MOVE:
Kirmis - Immediate Service Area Expansion was discussed by the Planning Commission with no motion
or recommendation by Planning Commission. Kirmis said that City Council could wait until requests
come in. Councilmember Black said that he see no reason to change Land Use Plan we have used in the
past 4 years and no new plats have been proposed. Mayor Freske asked if it is the wish of the council to
wait until we hear from developers and council agreed.
7.3. ANY OTHER PLANNING BUSINESS:
None
8. ANDY MAC ARTHUR, CITY ATTORNEY: Andy MacArthur appeared before the Council.
8.1. PROPOSED WATER RATES ORDINANCE:
Councilmember Black moved to adopt Ordinance 95-1, Estahlishing municipal utilities, rules and
regulations regarding utilities, rates and charges and collection of utility payments, seconded by
Councilmember Fournier. All in favor. Motion carried.
Councilmember Black moved to pass Resolution 95-5 Estahlishing Municipal Water charges to calendar
Year 1995, at SI AO per 1,000 gallons, seconded by Councilmember Fournier. Discussion:
Councilmember Fournier asked if rates can be adjusted every year, and were informed by Koshak and
MacArthur that City can adjust and will address each new use. The only user now is the elementary
school. All in favor. Motion passed.
City of Otsego Council Minutes of January 9, 1995. - Page 3 -
8.2. EXPLANATION OF EDA ELECTIONS:
Andy said that according to original bylaws as soon as a new member gets on the City Council, they
automatically get on EDA. You need to elect new officers, no resolution is needed.
8.3. ANY OTHER LEGAL BUSINESS:
Mayor Freske requested Clerk Beatty contact Dan Green (Insurance Representative) to attend the January
23, 1995 City Council Meeting to discuss accidental insurance for elected officers and Councilmember
Black also wants Mr. Greene to discuss equipment coverage. No other legal business.
9. LARRY KOSHAK, CITY ENGINEER: Larry Koshak appeared before the Council.
9.1. DIRECT PLANNING TO SET UP HEARING ON PRELIMINARY PLANS FOR MRD
COMMERCIAL PLAT:
Councilmember Black said we shouldn't set hearing dates until MRD formally applies. Mayor Freske
agreed. Koshak and Clerk Beatty are to notify this landowner via letter of the change in ordinance
amendment so they can apply.
9.1a Monitoring Well Testing - ( Three wells Installed by developers of Antelope Park and County
Ridge) One is located at Ohland and City Rd 39, one at 85th Street in County Ridge and one in the
County Park. Koshak recommended to go with lowest Bid of $315 with Midwest Analytical Service.
Councilmember Heidner moved to accept Engineer's recommendation with Midwest Analytical Service of
$315. Seconded by Councilmember Fournier. All in favor. Motion carried.
Discussion: Koshak said that Maintenance needs to get locks on wells.
9.2. CONTINUE DISCUSSION OF PLANNING DISTRICT #4 BASED ON THE WORKSHOP OF
1/5/95:
Based on Workshop meeting of January 5, 1995, Larry Koshak sent a report to David Licht, City
Planner,dated January 6, 1995 for his comments. This report was the initial research into determining
the feasibility of developing the commercial/industrial area associated with Planning District No. 4 in
Otsego. (SEE REPORT DATED 1-6-95 FROM HAKANSON ANDERSON ASSOC. Inc.)
Councilmember Fournier motioned to accept the feasibility report by City Engineer for Commercial and
Industrial Development for Planning District #4. Seconded by Councilmember Black. All in favor.
Motion carried.
Discussion: Councilmember Black referred to the SW area in Exhibit A east of Cty Rd 42, does the
Engineer see this area being developed differently. Koshak looked at it as residential property and didn't
project that property changing. Possibly could convert to commercial in future. Bob's reaction - to
provide for option of commercial or industrial. Councilmember Black wondered what the logical step
would be - Koshak from an Engineer's view - look to soil testing and transportation. Accesses to 101,
existing residential homes and fill were also discussed. Councilmember Fournier said this is a concept
plan and we can build on it. Councilmember Black motioned to instruct City Planner in coordinating with
City Engineer. Councilmember Fournier seconded and also have Dan Wilson comment on this. All in
favor. Motion carried. Discussion: Councilmember Heidner doesn't understand the need to do this now.
Property owners aren't thinking of this and it could be 15 years down the line. Koshak said some
properties extend all the way over to 101. A plan like this can split their property. Councilmember
Heidner agreed with this.
9.3. POLICY DISCUSSION OF STORMWATER DRAINAGE BASED ON WORKSHOP OF
1/5/95:
Based on discussion at Workshop Meeting Koshak will prepare Public Hearing for Council Review prior
to hearing. Proposal will be taxing district and a portion of developers fee will be based on impervious
surface and assessment on equity. Andy is reviewing to fit it into Statute 411. 111 allows to add to tax
roll. Councilmember Black said not to discount the billing method. Koshak will provide information
prior to hearing.
City of Otsego City Council Minutes of January 9, 1995 - Page 4 -
9.4. ANY OTHER ENGINEERING BUSINESS (CONSIDER RESOLUTION RE: ISTEA
GRANT)
Total ISTEA application comes up to $317,700. Park Board decided to include a number of bikeways
down ODean and Quaday. Councilmember Fournier recommended we go along with the Park and Rec.
Board recommendation. Carl Swenson expressed his concerns on receiving the money since Monticello
has had problems. Larry Koshak said MnDot admits to their problems and are working on improvements.
Councilmember Black motioned to go ahead and have the Clerk and Mayor sign the application for
ISTEA GRANT.
Mayor Freske seconded. All in favor. Motion carried. Councilmember Heidner was concerned on how
locked in are we if development could change plans. Koshak thought plans can be changed if points are
the same.
OTSEGO CREEK. - Larry Koshak is meeting with Dan Lais from DNR in his office on Friday, Jan 13
at 10 am.
Public Works Issue - MN Road agreement to grade gravel portions has terminated and MnDOT would
like to continue for another 2 to 3 years. Mayor Freske said fine for the 2 to 3 years but we should be able
to review fee rates on an annual basis.
Public Works Item - Striping of ODean Avenue.$539.44 for completion of striping less the yellow.
Councilmember Black moved to accept Koshak's recommendation for striping. Seconded by
Councilmember Fournier. All in favor. Motion carried.
Mayor Freske asked about Kadler Avenue Bridge. Koshak said he is now closing this out with Fehn.
Freske brought up monitoring of Otsego Creek. Koshak said we requested monitoring results and we have
received them.
Mayor Freske received a letter from the Wright County Hwy Department and he asked the Council to read
this.
Councilmember Fournier said that he was concerned about City Well sitting out in the open where
something could happen - liability. Koshak said the well head sticks up and is very durable but could be
damaged and the control box is there. Public works could put a snow fence up. Councilmember Black
said to have Public Works put up a snow fence and have Larry Koshak do a feasibility report on cost of a
permanent fence.
10. CITY COUNCIL ITEMS:
10.1. MAYOR FRESKE WILL ASSIGN
COMMI11'hE
Parks & Rec.
728 Area Park & Rec.
Planning Commission
Adm. Staff
Public Works
Otsego Creek Authority
Sewer Committee
Urban and Rural Taxing Dist
EDAAC
COMMI'1"1LE DUTIES TO COUNCIL MEMBERS:
COUNCIL REP. ALTERNATE
Suzanne Ackerman Larry Fournier
Ron Black Suzanne Ackerman
Larry Fournier Vern Heidner
Ron Black and
Suzanne Ackerman Norman F. Freske
Norman F Freske and
Vern Heidner Suzanne Ackerman
Larry Fournier and
Vern Heidner Norman F. Freske
Ronald Black and
Norman F. Freske Larry Fournier
Norman F. Freske and
Larry Fournier Vern Heidner
Larry Fournier Ron Black
City of Otsego Council Minutes of January 9, 1995 - Page 5 -
Councilmember Heidner adjourned meeting subject to reconvening. Councilmember Black
seconded. All in favor. Motion carried.
SEE MINUTES OF EDA MEETING OF JANUARY 9,1995.
Mayor Freske called City Council meeting back to order.
Mayor Freske appointed Councilmember Fournier asEDAAC Council Representative with
10.2. COUNCIL WILL CONSIDER THE FOLLOWING:
A. ELECT AN ACTING MAYOR
Councilmember Black motioned Councilmember Fournier as acting mayor, Councilmember Heidner
seconded. Councilmember Black moved to closed nominations. Councilmember Heidner seconded. All
in favor. Motion carried Councilmember Black moved to cast unanimous ballot to have Councilmemher
Fournier as acting Mayor. Mayor Freske seconded. All in favor. Motion carried.
B. DESIGNATE AN OFFICIAL NEWSPAPER:
Councilmember Black moved to designate the Elk River Star News as the City Legal Newspaper.
Councilmember Fournier seconded. All in favor. Motion carried. Councilmember Heidner asked what
this entailed. Mayor Freske said its the paper where you put all your legals in. Attorney MacArthur said it
has to be a newspaper of general circulation. All in favor. Motion carried.
C. SELECT AN OFFICIAL DEPOSITORY FOR CITY FUNDS:
Councilmember Fournier motioned to approved Resolution of Depository Funds designating the First
National Bank of E1kRiver, Bank of Elk River. Marquette Bank of Monticello. Security Bank Northwest
of St Michael, First Bank. Norwest Bank of Minneapolis, Edward D Jones & Co.. and Minnesota
Municipal Money Market Fund as the City's DepositoYes of City Funds.Councilmember Black seconded.
Councilmember Black said to change Marquette Bank to Marquette Bank of Monticello. All in favor.
Motion carried.
10.3. BOARDS AND COMMISSIONS:
A. EDAAC:
Councilmember Fournier cancelled last meeting due to attendance. Next meeting January 11, 1995 at 7
PM.
B. PLANNING COMMISSION :
Councilmember Black said last PC was cancelled.
C. PARKS AND RECS. BD:
Nothing
D. #728 PARKS AND RECS. JOINT POWERS:
Councilmember Black had nothing to report
E. PUBLIC WORKS SUB -COMMITTEE:
Mayor Freske said Public Works haven't met. Discussion on old lights in old hall. Councilmember Black
would like the lights restored. Councilmember Black motioned to have Mayor Freske take care of lights.
Councilmember Fournier seconded. All in favor. Motion carried. Councilmember Black said to have the
wiring checked out in the attic too.
F. OTSEGO CREEK AUTHORITY:
See Engineer Item 9.4.
G. ADM. SUB-COMMrrrEE:
A meeting date will be set.
10.4. CONSIDERATION OF JOINING THE ROAD ALLIANCE (SEE INFOR. ON SAME):
Councilmember Black motion not to join . Councilmember Fournier seconded. All in favor. Motion
carried.
City of Otsego City Council Minutes of January 9, 1995 - Page 6 -
10.5. ANY OTHER COUNCIL BUSINESS:
Mayor Freske - Historical Society. Councilmember Black has set a meeting for January 26 at 7 PM.
Mayor Freske said Elk River Bank -Otsego needs historical pictures. Councilmember Black suggested to
have Jacquie put a note in Otsego View.
Mayor Freske suggested City Council meetings start at 6:30 PM. Councilmember Black moved to set
meeting dates for 2nd and 4th Mondays of month and time of 6:30 PM. Councilmember Ackerman
seconded. All in favor. Motion carried.. This would start in February. Holidays fallings on meeting days
would be held on following Tuesday.
Mayor Freske - Employee negotiations - Councilmember Fournier motioned to set the Employee
Negotiations Meeting on January 25, at 6:30 PM. Councilmember Black seconded. All in favor. Motion
carried. Clerk Beatty will set up schedule with 20 minutes for each employee. Mayor Freske suggested
closed meeting.
Mayor Freske - New elected officials seminar. Councilmember Ackerman has already signed up for the
finance on Friday and Saturday. Feb. 2 and 3.
North Central Regional Pollution Control at Holiday in St. Cloud. Councilmember Ackerman said she
would like to go.
Mayor Freske thinks we should get a projection screen in the Council Chambers and a portable one in
Small Conference Room. Councilmember Fournier moved to have Deputy Clerk Hudson check into this.
Mayor Freske seconded this. All in favor. Motion carried.
Councilmember Heidner - How is annexation going. Mayor Freske said the Council should attend the
Hearing on January 12, 1995 at 10 AM. Mayor Freske said we should contact some neighbors in that area
to attend the hearing. Clerk Beatty said she has been in contact with attorney and brought council up to
date. Attorney wants to meet on Wednesday. Councilmember Black suggested to let the attorney know of
any people who want to testify.
10.6. PAY ANY BILLS:
Councilmember Heidner questioned NAC's bill regarding annexation. Clerk Beatty said Mr. Licht
informed us by letter of this.
Claim Numbers 1571 through 1581 for 1994 and 1 through 65 for 1995 were paid inclusively.
10.7. ADJOURN BY 11PM:
Councilmember Black motioned to adjourn. Councilmember Fournier seconded. All in favor. Motion
carried.
Mayor Freske welcomed Suzanne Ackerman and Vern Heidner to the City Council.
Mayor Freske reviewed that if councilmembers are appointed, they are representing the city, but, if you
attend other meetings on your own you are not representing the City. We want to work together even
though we might not agree.
Councilmember Fournier appreciated working on the Administrative Sub -committee and appreciated
working with staff. Mayor Freske would like to have Councilmember Fournier continue working with
Councilmember Black on the Finance Officer position. Mayor Freske thanked Councilmembers Fournier
and Black for all their committee work.
Meeting adjourned at 11 PM
May
it ALL
Ronald Black, Council Vern Heidner, Council
"rman F. Freske
Suzanne M. S. Ackerman, Council
jh
A tes �Tu
y
udson, Deputy Clerk
( CITY SEAL)
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NUMBER 95-2
REPLACING RESOLUTION OF 1994
RESOLUTION ESTABLISHING DEPOSITORIES FOR CITY FUNDS
BE IT RESOLVED, that the City of Otsego designates the First National Bank of Elk River,
Bank of Elk River, Marquette Bank of Monticello, Security Bank Northwest of St Michael, First
Bank, Norwest
Bank of Minneapolis, Edward D .tones & Co., and Minnesota Municipal Money Market Fund as the
City's Depositories of City funds.
The City Treasurer is authorized to deposit up to Two Million Dollars (52,000,000.00)
in each of these depositories, except as to deposits insured by the Federal Deposit Insurance
Corporation or protected by collateral or a corporate security bond, the depository shall give bond to
the municipality in at least double the amount authorized to be deposited therein to be approved by
the City Council. The City Treasurer shall deposit all or any part of the City's funds into the
depository and withdraw the same where directed by the City Council to do so other terms and
conditions of deposit will be as decided by the City Council from time to time.
Dated: January 9, 1995
AT EST:
bineift�, Cler kiZoning A#
a
(CITY SEAL)
NO N F F RESK, MAYOR
CITY OF OTSEGO
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NUMBER 95-1
REPLACING RESOLUTION OF 1994
RESOLUTION ADOPTING AN OFFICIAL NEWSPAPER
WHEREAS, the Elk River Star News is a qualified newspaper of general circulation
within the City of Otsego:
BE IT RESOLVED that the City of Otsego designates the ELK RIVER STAR NEWS as
the City's official newspaper effective immediately.
BE IT FURTHER RESOLVED that all ordinances and any other matters which are
required by law to be published in an official newspaper, and all other matters which the City
Council shall deem advisable and in the public interest to be published, shall be published in the
ELK RIVER STAR NEWS.
DATED: January 9, 1995
ATT ST:
��21J
Elaine Beatty, City Clerk/Zoning
(CITY SEAL)
3 a.,
NORMAN F FRESKE, MAYOR
CITY OF OTSEGO
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 95-5
RESOLUTION ESTABLISHING MUNICIPAL WATER CHARGES FOR CALENDAR YEAR
1995.
WHEREAS, the City of Otsego has by ordinance established Municipal
Utilities, including a Municipal Water System; and
WHEREAS, the Ordinance establishing said utilities provides that
the yearly rates for provision of services shall be set by City
Council resolution.
THEREFORE, BE IT RESOLVED that the 1995 rate for water usage shall
be established at $1 AO per 1,000 gallons.
Adopted this 9TH day of January, 1995.
Elaine Beatty, City
ofr,_-2iL,
Norman F. Freske, Mayor
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF M N 1 ESOTA
RESOLUTION NUMBER 95-3 AMENDING RESOLUTION DATED 12/17/1990
RESOLUTION ESTABLISHING DATES AND TIME OF REGULAR CITY COUNCIL
MEETINGS AND RULES OF PROCEDURE.
WHEREAS, as the Town of Otsego, the Town Board of Supervisors met regularly every first and
third Monday of each month at 8:00P.M., and
WHEREAS, the City of Otsego was officially incorporated on November 15th, 1990:
BE IT RESOLVED, that the City Council of Otsego shall have its regular Council Meetings on the
second and fourth Monday of each month at 6 : 3 OP.M.
BE IT FURTHER RESOLVED, that in the event that a date for a regular City Council Meeting shall
fall on a legal holiday, the City Council shall meet on the next day following said legal holiday,
instead of on the regular date and time.
BE IT FURTHER RESOLVED, that the City Council shall use Robert's Rules of Order as its rules
of procedure until such time as the Council can adopt its own rules by Ordinance.
Dated this 9th day of January, 1995
ATTEST:
Iodine Beatty, Clerk,
(City Seal)
ning Adm.
ORMAN F FRESKE, MAYOR
CITY OF OTSEGO