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05-06-1985 Town Board MinutesState of Minnesota The Town Board of the Town of Otsego met this County of Wright 6 day of May, 1985, at 8:00 p.m. Floyd Roden, Town of Otsego Chairman; Douglas Lindenfelser and Norman Fres- ke, Supervisors; Lewis Pouliot, Treasurer; Lani Will, Deputy Clerk; and Jerome Perrault, Clerk, were present. The meeting was called to order by Chairman Floyd Roden. The minutes of the April 15, 1985, Town Board meeting were approved as read. Dale Homuth of the D.N.R. appeared before the Board to discuss water problems in the Town of Otsego. He said the water problems are caused because the ground water table t; at its highest level since 1900. Lakes all over the state are at a high level and many areas have much more problems that Otsego. Fabian Sadowski and Tom Corbin were also present at the meeting. Fabian Sadowski has land in the NWS of the NWS of Section 27, Range 23, that is too wet to farm and Tom Corbin has land in the W4 of the SWk of the NWS of Section 27, Range 23 that is also too wet to farm. Fabian Sadowski was of the opinion that all the housing development in Hall Addition, Vasseurs 2nd Addition and Chris- tians Deerfield Acres were causing the water problems om his land. Dale Homuth explained that his problems were mainly due to the high ground water level and that is was not the Townships' responsibility to provide drainage for private property. A study of the elevation of the area indicated that the water from Halls Addition, Vasseurs, Chris- tians, Fabians Sadowski farm and Tom Corbin Farm should flow towards the lake on Darkenwalds farm in the SES of Section 27. There is a ditch from the lake to the Mississippi River. Mr. Homuth said the pro- perty owners could petition the County to put in a County Ditch and all benefiting property owners would be assessed for the cost of the ditch. Wilfred Lindenfelser appeared before the Board to complain that the road to his farm (O'Dell)phas only been graded once this spring and is rough. There are also some washouts on the side of the road that are hazardous. The Town Board advised him they would do a site in- spection. Motion by Norman Freske to approve a resolution granting Rite Cable Company an extension permit to construct and extend a cable communication system in Otsego Township. Seconded by Douglas LindenE- felser, passed unanimously. Gene Berg appeared before the Board to request a side lot setback variance from 30 feet to 15 feet and a backlot setback from 50 feet to 15 feet to construct a pole building on his property. Motion by Douglas Lindenfelser to approve the request of Gene Berg for a side lot setback variance from 30 feet to 15 feet and a backlot setback variance from 50 feet to 15 feet to construct a pole building. Seconded by Norman Freske, passed unanimously. Motionby Floyd Roden to send a complain to Winslow Chermark to remove the junk cars from his lot (14014 79th Street NE) by June 15, 1985. Seconded by Norman Freske, passed unanimously. Motion by Floyd Roden to send a complaint to J. Gerdas of 8073 Ochoa Avenue to remove the junk cars from his lot by June 15, 1985. Seconded by Norman Freske,,passed unanimously. Motion by Floyd Roden to hire Harley Rolff Jr. to stucco the Town Hall exterior. Seconded by Norman Freske, passed unanimously. Motion by Norman Freske to hire Dons' Painting to paint the Town Hall inside and outside and the trim on the Town Garage. Labor only. Seconded by Floyd Roden passed unanimously. On motion the meeting adjourned. ATTEST: Jerome Perrault, Clerk A RESOLUTION, GRANTING AN EXTENSION PERMIT TO CONSTRUCT AND EXTEND A CABLE COMMUNICATIONS SYSTEM WHEREAS the Minnesota Cable Communications Board has approved an expanded cable service territory which encompasses the entire extension area to be served by the cable communications system as required by Minnesota Statutes section 238.17 and as granted under this permit; and WHEREAS Minnesota Statutes section 238.08, Subd. 1 states that a municipality shall require a franchise or extension permit of any cable communications system providing service within the municipality; and WHEREAS Rite Cable Company of Minnesota, Ltd. has requested authorization to extend service from its cable communications system currently operating within the Cities of Big Lake, Buffalo, Cokato, Dassel, Delano, Elk River, Maple Lake, Monticello, Rockford and Watertown; and WHEREAS said cable communications system operates in the Cities pursuant to a valid franchise which has been confirmed by the Minnesota Cable Communications Board; and WHEREAS the extension area is not within the Twin Cities Metropolitan Area as defined in Minnesota Statutes section 473.121, Subd. 4; and WHEREAS pursuant to Minnesota Statues section 238.17, the request by the company has been considered in a public proceeding, affording reasonable notice and opportunity to be heard; and WHEREAS a copy of this permit shall be filed with the Minnesota Cable Communications Board; NOW, THEREFORE, Otsego Township does ordain that there is hereby granted an extension permit to construct, operate and maintain a cable communications system extension within Otsego Township to Rite Cable Company of Minnesota, Ltd., subject to the following terms and conditions: 1. The extension permit shall expire at the same time as the cable communications franchise currently in effect in the Cities of Big Lake, Buffalo, Cokato, Dassel, Delano, Elk River, Maple Lake, Monticello, Rockford, and Watertown; and any change in the expiration date of the franchise by way of either renewal or amendment of the franchise, shall automatically apply to the extension permit, unless Otsego Township acts to terminate or limit the term of the extension permit at the time the expiration date of the franchise is extended; The company and Otsego Township agree to abide by the terms which are set forth in the franchise, as same may from time to time be amended or renewed, which relate only to the following a. system -wide channel capacity; b. access channel(s); c. standards for system installation, maintenance and operation; d. indemnification for franchisor and liability insurance; e. abandonment of service; f. termination or cancellation of the franchise; g. removal of equipment. 3. The subscriber rates shall be as follows: See attached Exhibit A. OTSEGO TOWNSHIP By: • RITE CABLE COMPANY OF MINNESOTA, LTD. By: James W. Daniels General Manager Date: