12-27-1995 City Council MinutesCITY OF OTSEGO
WRIGHT COUNTY, MINNESOTA
CITY COUNCIL MEETING
6:30 PM
COUNCIL CHAMBERS
OTSEGO CITY HALL
DECEMBER 27, 1995
1. Mayor will call meeting to order.
Mayor Freske called the December 27, 1995 City Council Meeting to order at 6:30 PM.
Roll Call: Mayor Norman F. Freske; Councilmembers: Suzanne Ackerman, Ron Black,
Vern Heidner. Absent: Larry Fournier.
Staff: Andy MacArthur, City Attorney; Larry Koshak, City Engineer; Elaine Beatty, City
Clerk/Zoning Administrator; Phyllis Boedigheimer, Director of Business and Finance; Judy
Hudson, Deputy Clerk.
2. Consider Agenda Approval.
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Mayor Freske requested the addition of: Item 10.6.1. Consider Resolution regarding
annexation.
Addition of Item 10.6.2. Letter from City of Monticello regarding Fire Calls.
Mayor Freske requested the deletion of Item 10.5. CM Fournier requested prior to the
Meeting for continuation of Item 8.1.
CM Black motioned to adopt the December 27, 1995 City Council Agenda as
amended. Seconded by CM Ackerman. All in favor. Motion carried.
A. December 11, 1995 City Council Minutes.
CM Heidner motioned to accept the December 11, 1995 City Council Minutes.
Seconded by CM Black. All in favor. Motion carried.
Discussion: CM Heidner commented on Page 4, Item 10.2, regarding his statement of the
EDA being cut off. This statement was only in reference to the Flow Chart.
B_ Truth -In -Taxation Meeting of December 7, 1995,
CM Black motioned to accept the December 7, 1995 Truth -In -Taxation Minutes.
Seconded by CM Heidner. All in favor. Motion carried.
C_ Truth -In -Taxation Meeting of December 14, 1995_
CM Heidner motioned to accept the December 14, 1995 Truth -In -Taxation Minutes.
Seconded by CM Ackerman. All in favor. Motion carried.
Otsego City Council Meeting of December 27, 1995, cont'd. Page 2.
There were no Special Presentations.
5. Open Forum:
No one appeared on Open Forum.
6_ Consent Agenda
6.1. Consider Resolution Amending the 199.5 General Fund Budget
62_ Consider resolution Closing the Road & Bridge Fund and transferring
Residual Equity to the General Fund effective December 31. 1995.
CM Black motioned adoption of the Consent Agenda. Seconded by CM Ackerman.
All in favor. Motion carried.
Mr. Kirmis did not attend this meeting.
CM Black commented he recently met a developer who does a significant amount of
development in this area (Elk River, Anoka, Coon Rapids etc.). This developer recently
had a meeting with Otsego staff to discuss a major development and he found it very
refreshing that Otsego City Staff was competent and User Friendly.
8 1 Discussion of changes in Home Occupation/Home Extended Business Ord
Mayor Freske asked Mr. MacArthur to briefly go over his review dated December 20,
1995.
Mr. MacArthur went over his suggested modifications relative to Accessory Buildings.
A concern was with the zoning of certain parcels. There are parcels currently zoned AG
but are essentially residential. Is use to be correlated with the zoning of the property or
the use of the property?
Other concerns which need to be addressed are definitions for both Home Extended
business and Special Home Extended Business. A new definition must be developed since
the present definition of a Home Extended business references Home Occupations which
will be deleted from the Ordinance upon approval of proposed ordinance. Also needed is
a definition of a Permitted Home Extended business.
Mr. MacArthur's questioned whether it would be more simple to amend the existing
ordinances.
Otsego City Council Meeting of December 27, 1995, cont'd. Page 3.
CM Black motioned to table the Home Extended Business Ordinance Review until
the January 8, 1995 City Council Meeting. Seconded by CM Heidner. All in favor.
Motion carried.
(Discussion occurred between the motion being made and the actual vote)
Discussion: Mr. MacArthur suggested the EDAAC review his Memo of December 20,
1995.
CM Heidner requested the EDAAC also to look at Mr. MacArthur's suggestion on Page
3, regarding the possibility of Council's intent being addressed by appropriate amendments
to the existing ordinances, rather than wholesale repeal and amendment.
The Council agreed to wait with any further discussion until CM Fournier is back.
8.2. Discussion of Andy MacArthur's Proposed Legal_ Services Contract,
CM Heidner stated he was confused regarding A on Page 2. He was under the
understanding that Otsego would get a fee reduction after 20 hours rather than 5 free
hours. Mr. MacArthur stated the idea was giving Otsego five free hours and give the
City a break in a certain range. He would have to discuss any changes with his office.
CM Heidner felt that with services that are rendered month after month, there usually is a
rate reduction. He also thought that most firms like a retainer.
CM Black noted it would be more appropriate for members of the Council to review this
proposed contract and list what they would like to see in the contract and to contact
Phyllis Boedigheimer and CM Black (sub -committee)
CM Black motioned to table consideration of Andy MacArthur's Proposed Legal
Services Contract until the January 8, 1996 City Council Meeting for the purposes
of further discussion by the sub -committee. Seconded by CM Ackerman. All in
favor. Motion carried.
None
11 - Consider options regarding 1996 ISTEA Grant for Park Trails.
Phyllis Boedigheimer reported she met with Merland Otto and Larry Koshak on December
19, 1995 to review the project and discuss various funding. She requested more time to
allow a complete review of past MSA Funds.
CM Heidner motioned to table this issue until January 22, 1996, City Council
Meeting, to allow a complete analysis of MSA construction and maintenance funds
in addition to the possible construction options for the project. Seconded by CM
Ackerman. All in favor. Motion carried.
Otsego City Council Meeting of December 27, 1995, cont'd. Page 4.
Larry Koshak's office is working on getting a new functional classification for Odean
Avenue. This is needed to be able to submit an application for Odean Avenue
reconstruction funding through the ISTEA Program.
Larry Koshak recommended that the Council direct his office to make application for
reconstructioin funding for Odean Ave through ISTEA for the fiscal year 1999 (July 1
1998 to June 30, 1999).
CM Black motioned to accept the City Engineer's recommendation to make
application for ISTEA Grant Application for Odean Avenue for the fiscal year 1999
(July 11998 to June 30, 1998). Seconded by CM Heidner. All in favor. Motion
carried.
9.3.Any other Engineering Business_
Larry Koshak and Vern Heidner briefly went over the meeting they attended in Stearns
County regarding ISTEA Funds, determining who gets to vote for the projects and how
many votes each County gets. Counties included were Wright, Sherburne, Benton and
Stearns excluding St. Cloud. Cities with over 5,000 population have the same rights as a
County. Mayors from the cities with over 5,000 will be contacted regarding this.
9.3.1. CSAH 37 and Odean Avenue Improvement Project 94 -2 -
CM Heidner motioned to approve Supplemental Agreement No. 2, in the amount of
$1,962.08. Seconded by CM Black. All in favor. Motion carried.
CM Black motioned to approve Pay Estimate 4 for $5,005.81 to Buffalo Bituminous
Inc. Seconded by CM Ackerman. All in favor. Motion carried.
(Discussion occurred between the motion being made and the actual vote)
Discussion: It was noted there is over $14,000 being held back.
9.3. any other Engineering Business, on 'd.
Larry Koshak asked the Council if they would want his office to respond to the Technical
Memorandum No. 1 Dayton -Otsego -Frankfort Wastewater Study dated December 12,
1995, prepared by Bonestroo.
CM Black motioned for City Engineer to review the Bonestroo Wastewater Study
and provide the City Council with his reaction and comments. Seconded by CM
Heidner. All in favor. Motion carried.
(Discussion occurred between the motion being made and the actual vote)
Discussion: The Council stated they did not need a detailed report. Mr. Koshak stated
he will do a review and recommendation for discussion. Since this will impact policy
issues, Mr. Koshak recommended having the City Planner attend. The Council discussed
setting a Workshop.
Otsego City Council Meeting of December 27, 1995, cont'd. Page 5.
CM Black motioned to set a special City Council Workshop Meeting for January
10, 1996, 6:30 PM, with the City Engineer and City Planner for the purpose of
discussing the sewer study. An alternate date of January 11, 1996, 6:30 PM was also
selected. Seconded by CM Heidner. All in favor. Motion carried.
10.1. Discussion of NAC fee change (,See Contract with NACI.
CM Black motioned to adopt the NAC Contract. Seconded by Mayor Freske. All
in favor. Motion carried.
(Discussion occurred between the motion being made and the actual vote)
Discussion: The change in the Contract regarding the exclusive clause and notification is
included.
10.2. Consider Resolution A ron ovin,g a Tax Levy for 1996 Qperating B ude .
AI)lLro_priations.
CM Black motioned to adopt the Resolution Approving a Tax Levy for 1996
Operating Budget Appropriations. Seconded by CM Heidner. All in favor. Motion
carried.
10.3. Consider Resolutions Adopting the 1996 General Operating Fund Budget.
The Park Development Fund Budget and the Water Fund Budget.
CM Heidner motioned to adopt the Resolution Adopting the 1996 General Fund
Operating Budget. Seconded by CM Black. All in favor. Motion carried.
CM Black motioned to adopt the Resolution for Park Development Fund Budget.
Seconded by CM Ackerman.
Discussion: CM Heidner stated he would prefer postponing adoption of this
Resolution because it shows such a large shortfall.
CM Black motioned to table the adoption of the Resolution for Park Development
Fund Budget until January 22, 1996 City Council Meeting. Seconded by CM
Heidner. All in favor. Motion carried.
CM Black motioned to adopt the Resolution Adopting the 1996 Water Fund
Budget. Seconded by CM Heidner. All in favor. Motion carried.
10.4. Otsego/Albertville Consolidation Issue Discussion of Committee Members
and Chair_ (Any further information)
Elaine Beatty brought the Council up to date on resumes received.
10.5. Discussion of EDAAC (LaM Fournier)
CM Heidner motion to table this Item until CM Fournier returns. Seconded by CM
Black. All in favor. Motion carried.
Otsego City Council Meeting of December 27, 1995, cont'd. Page 6.
10.6. Any other Council Business.
10.6.1. Resolution regarding the intent of the City of Otsego to anneal to the
District Curt the decision of the State Municipal Board re-garding the Fr nk D'Aigle and
Kent Roessler Land_
Mayor Freske stated he talked to CM Fournier and he agreed with this Resolution.
CM Heidner motion to adopt the Resolution that the City of Otsego hereby states
their intention to pursue appeal to the District Court of the Findings of Fact,
Conclusions of Law and Order and Memorandum in the matter of the petition for
the detachment of certain land from the City of Otsego and Annexation of certain
land to the City of Albertville. Seconded by CM Black. All in favor. Motion
carried.
(Discussion occurred between the motion being made and the actual vote)
Discussion: The Council discussed that the District Court will be asked to review the
decision of the Municipal Board, based strictly on the record and what the Statutes and
the Law says.
10.62. Letter from Monticello regarding False Alarms in Monticello Fire Area
Council discussed the rash of false alarm occurrences (carbon monoxide existence)
Monticello is experiencing.
Council directed City Staff to look into this and look at what other communities are doing.
Drug/alcohol Testing
Elaine Beatty stated this issue needs to be addressed and explained about the County
Association at an annual fee of $50.00. She is gathering more information from the
League of MN Cities.
Phyllis Boedigheimer said the City needs a policy first.
The Council felt they needed more information on how it is administered and where is the
testing done.
CM Black suggested to contact East Tonka Sanitation, Long Haul Trucking etc., and find
out more information.
CM Black motioned for the City Clerk to present a Resolution, implementing a
Drug Testing Program. Seconded by CM Heidner. All in favor. Motion carried.
Staff recording minutes at the Feedlot Committee
The Council discussed this and felt it would be beneficial to have a good record
of the meetings.
CM Black motioned for a staff person to attend and take minutes at the Feedlot
Ordinance Committee. Seconded by CM Heidner. All in favor. Motion carried.
Otsego City Council Meeting of December 27, 1995, cont'd. Page 7.
Scheduling of Meetings for 1996
CM Heidner would like to continue with blocking off one week a month with no meetings.
CM Black motioned for City Staff to prepare a draft calendar for 1996 blocking off
one week per month with no meetings for Council. Seconded by CM Heidner. All in
favor. Motion carried.
10.7_ Consider Claims List for Approval-
CM
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CM Black motioned to adopt the Claims List as presented. Seconded by CM
Ackerman. All in favor. Motion carried.
CM Heidner motioned to adjourn. Seconded by CM Ackerman. All in favor.
Motion carried.
Mayor Norman F. Freske
ttest: Elaine Beatty, City Clerk/Aoning Administrator