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09-07-1988 Town Board MinutesState of Minnesota The Town Board of the Town of Otsego County of Wright met this 7th Day of September, 1988 Town of Otsego at 8:00 P. M. Norman Freske, Chair- man, Douglas Lindenfelser and Floyd Roden Supervisors, James Barthel, Treasurer, Elaine Beatty, Deputy Clerk, and Jerome Perrault, Clerk, were present. The meeting. was called to order by Chairman Norman Freske. Minutes of the August 15, 1988 Town Board Meeting were approved as read. Jerry Zachman and Surveyor Ed Otto appeared before the Board representing Frank D'Algle to request Rezoning from Ag to R-1 Government Lots One and Two (1 & 2) :in Section 36, Range 24. (PID it214-;00-361100) located on the North and East side of Mud Lake. They intend to establish Twenty -Six (26), Two Acre (2) or larger lots. The land is Ag land and not in the Land Use Plan as being considered for residential development. The Otsego Planning Commission has denied the request for re -zoning. Motion by Doug Lindenfelser to deny the re -zoning request of Mr. D'Algle at this time. Seconded by Norman Freske, all Board Members voted in favor of the Motion. A group of residents living near the property were present at the meeting and indicated they were not in favor of residential development in that area. Jim Peterson appeared before the Board to discuss his part in the Letter of Understanding which was agreed upon in the pre-trial settlement of the Assessment of the Flora Kolles Estate property between Vernon Kolles and the Town of Otsego. A copy of the Letter of Understanding is attached to these minutes. .In the agreement, the Town Board agrees to allow Mr. Peterson to develop the property in three (3) different plats and the assessment and interest will be deferred until the plat is filed. The total assessment on the property was reduced to $26,000.00 and Mr. Peterson has agreed to pay the full amount of the assessment. In part four of the Letter of Understanding it indicated that the owner of the property had the right to connect to the Township Drainage System.providing he follow all procedures and requirements set forth by the Otsego Town Board, but no provision was made for a hookup fee. Mr Peterson indicated he would be willing to pay a hookup fee for the privelege of connecting to the Storm Drain System. An addendum was made to this paragraph to -wit "A fee of $500.00 per hookup will be charged." Motion by Floyd Roden to approve the Letter of Understanding in regard to the settlement agreement between the Town of Otsego and Vernon Kolles on the Storm Drain Assessments for the Flora Kolles Estate Property. Seconded by Norman Freske, all Board Members voted in favor of the Motion. Motion by Douglas Lindenfelser to approve a continuation of the farm accessory Mobile Home Permit for the Harold and State of Minnesota County of Wright Town of Otsego Town Board Meeting September 7, 1988 - Page 2 - Kenneth Lindenfelser farm for one year. Seconded by Norman Freske, all Board Members voted in favor of the Motion. Motion by Douglas Lindenfelser to approve a Permit for Greg and Connie BiNler to move in a home on their Lot, PID #214-000332300 in Sec. 33, Range 23; This permit to be subject to State Building codes and the Wright County Ordinances. Seconded by Norman Freske, all Board Members voted in favor of the Motion. Motion by Floyd Roden to grant permission to Minnegasco to use the Town Hall on September 28, 1988 to sign up potential customers. Seconded by Douglas Lindenfelser, all Board Members voted .in favor of the Motion. Motion by Norman. Freske to send a notice to Robert Cederberg of 15702 - 93rd Circle to remove the junk cars from his lot. Seconded by Douglas Lindenfelser, all Board Members voted in favor of the Motion. Motion by Douglas Lindenfelser to send a notice to John Carnes of 8360 Oakwood Avenue to remove the junk cars and camper from his lot and mow the weeds and grass. Seconded by Norman Freske. All Board Members voted in favor of the Motion. Proceeding as a Board of Audit, the Town Board Audited and allowed Verified Accounts Nos. 297 to 341 inclusive. On Motion the Meeting adjourned. Norman F. Freske, Chairman / Doug Lindenfelser----------/ SUPERVISORS Floyd Roden ATTEST; Jerome Perrault, Clerk jP/eb September 7, 1988 P1 DZWILL & OLSEN - ATTORNEYS Al LAW - WILLIAM S. RADZWILL BRIAN M. OLSEN ANDREW J. MocARTNUR REPLY 10: S . Michael Mr. Jim Peterson 5050 Quam Circle N.E. Rogers, MN 55374 RE: Vernon Kolles v. Town of Otsego Settlement, Understanding Dear Mr. Peterson: JT L: A\•'_.IJJI- `L 1 b.7D> 3f,y (`:.} i2' 497-19:. _ ). Letter of Pursuant to the settlement agreement made before the scheduled trial of Vernon Kolles v. Town of Otsego, Assessment Appeal, Wright County File No. C5-87-1859 made at Wright County on June 27, 1988, this letter is to confirm the contents of that settlement regarding your role. The Town of Otsego has agreed to the following terms to settle the case. The total assessment of the property has been reduced from 135,000.00 to 126,000.00, of which the entire amount will be paid by you under the following terms and conditions. 1. The Town agrees that the subject property can developed in three (3) separate plats. be 2. That assessment and interest will be deferred on such plat until that plat is filed. The interest will then begin accruing only on the acreage involved in the filed plat. The assessment will be spread oyer the subject property on a per lot basis as determined by the Town Board. 3. That any odd assessment amounts will be rounded off to the nearest, most convenient round number. 4. That the assessment was made for an improvement to allow drainage of said property, thus the owner has the right to connect that drainage system to that of the Township's, providing he follows all procedures and requirements set forth by the Otsego Town Board. A fee of 500.00 per hook-up will be charged. 5. That the Town of Otsego shall send to the Wright County Planning & Zoning Commission a letter of support for your efforts to obtain rezoning of the property for residential use. This letter will note prior approval of such zoning by the Town and will encourage the County to grant the requested rezoning. Letter to Jim Peterson September 7, 1988 Page 2 For your part, you agree that the final assessment settled on is fair and accurate, you both waive any challenge to that agreed upon total of S26,000.00. You further agree to pay that aTount when due. Any arrangement between yourself and Mr Koller to pay the total amount is not binding on the Town of Otsego. If you have any questions or concerns, feel free to contact the To Board or the Town Attorney. Very truly yours, AOM/ke Iy Norm Freske Chairman of Town Board of Supervisors Town of Otsego / Jerome Perrault / Otsego Town Clerk