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07-22-96 CCCITY OF OTSEGO WRIGHT COUNTY, MINNESOTA CITY COUNCIL MEETING 6:30 PM COUNCIL CHAMBERS OTSEGO CITY HALL JULY 22, 1996 1. Mayor Norman F Freske will call meeting to order. Mayor Freske called the July 22, 1996 City Council Meeting to order at 6:31 PM. Roll Call: Mayor Norman F. Freske; Councilmembers Ron Black, Larry Fournier, Suzanne Ackerman and Vern Heidner. Staff: Elaine Beatty, City Clerk/Zoning Administrator; Judy Hudson, Deputy Clerk. 2. Consider Agenda Approval- Mayor p rovalMayor Freske requested the addition of League of MN Cities regarding ROW under 10.2. CM Fournier requested the addition of Firearms Ordinance Discussion under 10.2. CM Black motioned to approve the July 22, 1996 City Council Agenda as amended. Seconded by CM Ackerman. All in favor. Motion carried. 3_ Consider Minutes: 3.1. July 8, 1996 - City Council Minutes CM Fournier motioned to accept the July 8, 1996 City Council Minutes. Seconded by CM Black. All in favor. Motion carried. 3 July 8, 1996 - Closed Meeting for litigation purposes, CM Black motioned to accept the July 8, 1996 Closed City Council Meeting. Seconded by CM Heidner. All in favor. Motion carried. I Special Presentations: There were none. 5. Open Forum: Paul Levenson, 6129 Hwy 101, referenced his letter he had previously distributed to the Planning Commission and City Council. He expressed his disappointment in the recent denial of his request for splitting his property. He felt that denial based on his request being premature because of sewer coming in was not premature since sewer is not in existence. He asked also when his request would not be premature. Mark Berning, 80th Street. Mr. Berning asked about the status of the Consolidation discussions between Albertville and Otsego. Mayor Freske explained if the Municipal Board accepts the agreement that Frankfort, Otsego, Albertville and St. Michael proposed and which is before them now, the consolidation issue would be over. Otsego City Council Meeting of July 22, 1996, cont'd. Page 2. Mr. Berning also asked how much money is being spent for all the closed meetings, legal fees involved. CM Black explained that Otsego got sued and the City is defending itself. Mr. Berning presented an article from Agri News, dated Thursday, July 18, 1996 titled Stu ,yndsproperty values increase near hog feedlot locations. Steve Ackerman, 8217 Packard Avenue. Mr. Ackerman noted concern with a resident living on the western border of the 'No Discharge Zone' (Firearms Ordinance) wanting his property removed from this zone. Mr. Ackerman served on the Firearms Committee and said the Otsego border was set according to Elk River's Border and noted a lot of time and consideration for the safety of the residents was put into this Ordinance by the Committee. He stated that expansion of the line rather than extraction's should be done. 6. Consent Agenda 6.1. Set Council Workshop for 6:30 PM Thursday.,, August 8, 1996 to review the preliminary Feasibility Study for MSA 95th Street Project, CM Black motioned to adopt the Consent Agenda. Seconded by CM Fournier. All in favor. Motion carried. 7. Bob Kirmis, Assistant City Planner There were no planning items. 8. Andy MacArthur, CityAtter See attached letter regarding the Federal ISTEA Project/John Lefebvre property. The City Attorney was not in attendance. 9. Larry Koshak, City Engineer. There were no engineering items. 10.1_ Discuss letter from City Engineer R • Sewer Study CM Black stated two comments: 1. He wished this letter would have been on the last Council Agenda. 2. Requested the City Clerk with the City Engineer's assistance write a letter to Bonestroo Rosene Anderlik & Associates requesting all the information and concerns Otsego's Engineer expressed. The Council agreed. 10.2. Any other Council Business. Mayor Freske noted the July 2, 1996 LMC Memo regarding a voluntary payment from cities to fund and help the League Board to move ahead to counter US West's challenge to local management of the public rights of way. Otsego's contribution would amount to $476. Otsego City Council Meeting of July 22, 1996, cont'd. Page 3. The Council discussed that the City Engineer has expressed concerns with this issue and felt there is a lot at stake here and if the money is available the City should participate. CM Fournier motioned to participate with the LMC regarding the rights of way issue facing cities in Minnesota and send a payment of $476. Seconded by CM Heidner. All in favor. Motion carried. Firearms Ordinance Discussion: CM Fournier motioned to place this on the August 12, 1996 City Council Agenda. Seconded by the CM Black. All in favor. Motion carried. (Discussion occurred between the motion being made the actual vote) Discussion: CM Fournier will get additional information on how far shot travels before the meeting. Mayor Freske and CM Black expressed this was all previously covered by the committee. CM Heidner requested CM Fournier to have the landowner draw a plat of his property showing how his buildings are laid out. CM Black had the following items to discuss: 1. In the recent League Bulletin there is another used siren for sale and is the Council interested in this. The Council agreed the last siren put in has been greatly appreciated by the residents and this siren should be checked out. 2. Chris Bulow called him with a concern of the City asking for more money than what was stated in the developer's agreement and a new Letter of Credit. The Council said they also received phone calls from Mr. Bulow. Elaine Beatty said she discussed this issue with Chris Bulow that morning and it sounds like Chris had understood it was at 100%. What was meant was the warranty amount is 100% of imported materials, which will reduce the Letter of Credit by approximately one- half to warranty for one year plus 10%. This amounts to about 50% of the original Letter of Credit for one year. This is the way all the developments are done. CM Fournier said Mr. Bulow felt this was being handled differently from his last one. Elaine said the warranty is for any materials brought in i.e. culverts, blacktop, gravel. She talked to Kevin Kielb from Hakanson, Anderson and he said Chris Bulow was confused and Kevin was going to talk to Chris and tell him what exactly is needed. The Council said that it was indicated to them that a new Letter of Credit was to be secured and Mr. Bulow couldn't understand this. The Council agreed that there would be no new Letter of Credit. According to Elaine, the City reduces the Letter of Credit that is there and the Letter of Credit is there for one year and this is the way it is always done and no need for a new Letter of Credit. When the present year is up on the Letter of Credit, Chris will need to continue it to get one year warranty. Otsego City Council Meeting of July 22, 1996, cont'd. Page 4. 3. CM Black informed the Council there was a meeting held last week on Tuesday morning for youth. He noted that Bill Olson and Darlene Solberg from the Parks Commission attended. CM Heidner said he attended the last Parks Commission Meeting. At the end of the meeting they questioned CM Heidner on the City Council Minutes regarding communication with the maintenance department to the Parks people. CM Heidner explained the council was dealing with an Organizational Chart Issue and not the Parks. The Council agreed and stated the Parks Commission are doing a tremendous job and the Council sincerely appreciates all the volunteer work they do and there was no intent to pick on the Parks Commission. 10.3. City Clerk's Update Elaine Beatty gave a brief outline of her week at the Clerk's Certification School she attended last week. 10.4. Consider Claims List for Approval oval CM Heidner motioned to accept the Claims List as presented. Seconded by CM Ackerman. All in favor. Motion carried. 10.5. Adjourn by 10 PM, CM Black motioned to adjourn. Seconded by CM Fournier. All in favor. Motion carried. Meeting adjourned at 7:10 PM. Mayor Norman F. Freske Attest: Elaine Beatty, City Clerk/Zoning Administrator Recorded by: Judy Hudson, Deputy Clerk