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12-09-96 CCCITY OF OTSEGO WRIGHT COUNTY, MINNESOTA CITY COUNCIL MEETING 6:30 PM COUNCIL CHAMBERS OTSEGO CITY HALL DECEMBER 9, 1996 1. Mayor Norman R Freske will call meeting to order. In Mayor Freske's absence, Vice Mayor Larry Fournier called the December 9, 1996 City Council Meeting to order at 6:30 PM. Roll Call: Councilmembers Suzanne Ackerman, Ron Black, Larry Fournier and Vern Heidner. Absent: Mayor Norman F. Freske. Staff: Andrew MacArthur, City Attorney; Larry Koshak, City Engineer; Elaine Beatty, City Clerk/Zoning Administrator; Judy Hudson, Deputy Clerk; Jerry Olson, Building Official. 2. Consider Agendarnn oval. VM Fournier requested an addition under Item 9.3.1. Final Levy Certification Approval. CM Black requested an addition under Item 9.3. Discussion of Economic Development. CM Heidner motioned to adopt the December 9, 1996 City Council Agenda as amended. Seconded by CM Ackerman. All in favor. Motion carried. 3. Consider Minutes: A November 21,91 96 Special Budget Workshop. CM Heidner motioned to approve the minutes. Seconded by CM Black. All in favor. Motion carried. B November 25, 1996 Cite Council Workshop CM Black motioned to approve the minutes. Seconded by CM Ackerman. All in favor. Motion carried. 4. Open Forum. Russ Greninger, 10247 95th Street NE. Issue: Island View Estates. Mr. Greninger is concerned with the obstructions in the ROWS which should be kept cleared for snowmobile use. He feels the Otsego Road Crew should report these situations. Residents placing certain landscaping material in the ROW are creating a hazardous situation. Such a situation exists at 10567 Kalenda Avenue and wants the City to have it removed. Andrew MacArthur, City Attorney, explained that there shouldn't be anything placed in the ROW. The Snowmobile Ordinance states snowmobiles can use the ROW to ride from their residence to the nearest trail. Scott Kohler, 10348 99th Street. He recently received a letter from the City requesting the removal of a fence in the ROW at his residence. Mr. Kohler has discussed this with Otsego City Council Meeting of December 9, 1996, cont'd. Page 2. Mr. Greninger. What he has are wood stakes, painted orange with flags, and are easily breakable. They just spent a lot of time and money putting in seed and sod and just wants to protect this landscaping until the grass takes hold. He left four (4) to five (5) feet for snowmobiles to use and doesn't feel there is a problem. VM Fournier informed everyone there are copies of the Snowmobile Ordinance available at City Hall. Rogers,5. Consent Agenda@ 5,L Consider Lin -bar Develol)ment, Inc_ 5475 Parnell Ave NE 8-500-284300e •1 i • from 1 •..1/ 1 : Planned Unit Development- (Concept Plan) (Request to continue this ite�n to 12-23-96 �ouncil Agenda per �uilding Official Jercy Olson), CM Black 1 1 / for adoptionof the Consent'' 1a. Seconded by CM Heidner. All in favor.Motion / 6. Bob Kirmis, Assistant City Planner. Was not in attendance. 7. Andy MacArthur. City Attorney, 7.1. Information Re: Special Assessment of unpaid amounts charged or false alarm calls in the Monticello Fire Service Area, Mr. MacArthur reviewed the Ordinance from Monticello Township with the Council. He recommended redrafting as outlined in his letter of December 4, 1996. Through Council discussion they noted there is no Joint Fire Board but rather a Joint Fire Department and it should not be a responsibility of Otsego for reimbursement but just certified to the City of Otsego for Hearing. Mr. MacArthur will contact Monticello regarding this. A Consider Ordinance for false alarm charges to be redrafted with recommended changes by Attorney, B Consider approval of Monticello Fire Service Contract. (Continued from last Agenda). CM Black motioned to continue both items (Items A and B) to the December 23, 1996 City Council Meeting. Seconded by CM Ackerman. All in favor. Motion carried. 7.2. Consider John and Cheryl Adams Dog Kennel CUP for re -hearing by Planning Commission. Mr. MacArthur explained, according to Jerry Olson's (Building Official) Report, there appears to be violations of this Conditional Use Permit. The terms of this CUP allows the Council to send back to the Planning Commission for rehearing because of violations. Otsego City Council Meeting of December 9, 1996, cont'd. Page 3. Any fees associated with this process can be charged back to the applicant under the original signed fee responsibility agreement and the applicant should be notified of this. CM Black motioned to adopt the Staff Recommendation to send to the Planning Commission for rehearing. Seconded by CM Heidner. (Discussion occurred between the motion being made and the actual vote) Discussion: CM Heidner requested that consideration be given to include in the conditions of the CUP for access on to the property for unannounced inspections during reasonable business hours. 7.3. Any other gal Business. Mr. MacArthur reported he has presented the briefs on Lef-Co to Judge Douglas. The Judge has given him two weeks for response. Mr. MacArthur distributed copies of the briefs. 8.1. Consider approval of Dennis Fehn Gravel, Inc. requisition for payment for culvert replacements: A. 70th Street NE proje B. Odean Avenue NE Project. Mr. Koshak reviewed these projects. CM Heidner motioned to approve payment for both the 70th Street and Odean Avenue Projects in the amounts of $3,016.50 and $10,871 to Dennis Fehn Gravel and Excavating, Inc. Seconded by CM Black. All in favor. Motion carried. 8.2. Any other Engineering Business. Application for ISTEA Program, year 2001: Mr. Koshak asked for Council approval of resubmitting application at the cost of approximately $200. Otsego came in Number 10 last year and he feels Otsego has a good chance this year. This is for reconstruction of Odean Avenue from CSAH 37 to 39. CM Heidner motioned for City Engineer to reapply for the ISTEA Grant for year 2001 for construction of Odean Avenue. Seconded by CM Black. All in favor. Motion carried. All in favor. Motion carried. (Discussion occurred between the motion being made and the actual vote) Discussion: CM Heidner asked how many grants were given out last year. Mr. Koshak replied three (3) or four (4). Mr. Koshak reported he is preparing the MSA mileage certification for this year, which he will bring back to the Council for the next meeting. This has to be in by January. Otsego City Council Meeting of December 9, 1996, cont'd. Page 4. 9.1. Discussion of meetin. g with State Officials R Availability of Monies CM Ackerman discussed with the Council the possibility of approaching the State for some help for funding of sewer and water. CM Heidner suggested she should first talk to Representative Anderson and Senator Ourada also felt it would be difficult for just one city to receive any money. CM Black's reaction was unless there is a plan, position or concept to be addressed it would be a waste of time. VM Fournier agreed with CM Heidner's approach to contact Representative Anderson and Senator Ourada. 9.2. Council decision on colored pages for Comp- Plan see attached Info4 CM Black motioned to direct City Staff to make this administrative decision. Seconded by CM Ackerman. All in favor. Motion carried. 9.3_ Any other Council Business- 9.3.1- isin ss.9.3.1. Final Certification Levy T CM Black motioned to certify and set the levy at $790,458.00. Seconded by CM Ackerman. All in favor. Motion carried. 9.3.2. Discussion of Economic Development CM Black raised, for discussion, the question of the EDAAC's purpose since Otsego does not have any funds for them to work with and the City won't for awhile. CM Black pointed out other cities have thousands of dollars available for economic incentives. CM Heidner felt that the concept of the EDAAC is good and suggested for the Council to review if more time with them is needed if development increases. He suggested to let this stand as is for awhile. CM Ackerman and VM Fournier agreed. 9.4. City Clerk's Update_ Elaine Beatty distributed information on Grants for matching ISTEA Funds to pay for City's share. VM Fournier requested this item be placed on the second meeting in January, 1997. Ms. Beatty also reported the city's map updates are completed and have been distributed. 9.5. Consider Claims List for Approval - CM ren oval. CM Black motioned to adopt the Claims List. Seconded by CM Heidner. All in favor. Motion carried. Otsego City Council Meeting of December 9, 1996, cont'd. Page 5. 9.6. Adjourn by 10 PM - CM Black motioned to adjourn. Seconded by CM Ackerman. All in favor. Motion carried. Meeting adjourned at 7:30 PM. r Vice Mayor Lay Fournier Attest: Elaine Beatty, CiteClerk/Zoning r' Recorded by: Judy Hudson, Deputy Clerk City Seal