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07-24-1989 Special Meeting MinutesSTATE OF MINNESOTA A Special Town Board Meeting of COUNTY OF WRIGHT the Town of Otsego was held this TOWN OF OTSEGO 24th day of July, 1989 at 7:30 PM. Norman Freske, Chairman, Floyd Roden and Douglas Lindenfelser, Supervisors, Elaine Beatty, Deputy Clerk, Jerome Perrault, Clerk, Engineer Larry Koshak and Attorney William Radzwill were present. First item on the agenda was the drainage easement on the Ford Slaughter property. Engineer Larry Koshak said his survey crew has surveyed the property and he has prepared an easement agreement. He has prepared a 20 foot permanent easement across the property where the ditch exists and also a 30 foot temporary construction easement on the East side of the ditch. Mr. Slaughter asked if there was a point where they could discontinue digging as he has a grove of small trees he would like to save. Mr. Koshak said that about 420 feet from the start of the ditch (next to 85TH ST) the ground level drops enough so that only minimal digging would be required beyond that point. A driveway crossing of the ditch will be needed if the Slaughters build a home where they plan to. Mr. Slaughter agreed to purchase a culvert for the driveway. Mr. Slaughter and the Board discussed replacement of the trees removed during construction of the ditch. The Board agreed to replace the trees at the rate of one every 20 feet, using an acceptable variety of one inch in diameter. All trees removed during construction will be cleaned up and no burning will be done on the property. Mr. Slaughter did not state what compensation he expected in return for the easements. The easements were not signed at this time. Clem Darkenwald and his Attorney Edward Bock were present to discuss the Developers Contract for Mississippi Parkwood Development. In Section B, Page 4, the phrase " There shall be no gravel shoulders within the development" was struck out. In regards to Page 1, Paragraph 4, Mr. Darkenwald expects the improvements to cost $140,000.00. Regarding termination of the Letter of Credit, it should be one year after improvements are in. On Page 8, Paragraph 6, the deposit should not exceed $50.00 per lot. In regard to Section 12, Page 10, in which the Developer agrees to pay to the Town of Otsego a fee of $550.00 per lot, payable at the time the building permit for each individual lot is issued, Mr. Darkenwald said he felt a fee of $550.00 per lot is excessive. The purpose of the fee is to offset the effect the Development has on the current and future operating expense of the Township and the money collected from this fee is to go to a dedicated fund and used only for the purposes for which it was obtained. Mr. Darkenwald said he was liable for all the expenses of developing the property, the drainage of the prperty, and STATE OF MINNESOTA A Special Town Board Meeting of The COUNTY OF WRIGHT Town of Otsego - July 24, 1989 TOWN OF OTSEGO - Page all the streeth and he feels this fee is excessive and does not feel the Township has the authority to impose this fee as Wright County is the one who gives final approval of the Development. Mr. Radzwill agreed that the Town of Otsego does not have it's own Zoning Ordinance, but they are planning on having their own Ordinance soon and when they do, the Developers Contract will be incorporated into it and become a part of it. Mr. Radzwill said that the Township does have the right to impose a moratorium ori development within the Township and even though Wright County has to approve the Development, Otsego Township has to approve and agree to take over the streets in the Development. Mr. Koshak agreed to review the schedule of fees used to determine the fee per lot and determine if any revisions were needed. Motion by Norm Freske to table action on Darkenwald's Developers Contract at this time. Seconded by Douglas Lindenfelser, all Board Members voted in favor of the motion. Bill Radzwill advised the Board he has reviewed the Elk River Fire Contract. He sees two problems with the contract, the large number of calls on Highway #101 and the fact the Township is charged for a share of the new ladder truck which is of no use to Otsego. Motion by Douglas Lindenfelser to set a Public Hearing on the proposed Storm Drain for Vasseur's 3RD and 4TH Additions on August 14, 1989 at 7:30 PM. Seconded by Floyd Roden, all Board Members voted in favor of the motion. Motion by Douglas Lindenfelser to purchase up to 500 cubic yards of black dirt from James Peterson at $2.00 per cubic yard. Seconded by Norman Freske, all Board Members v.t1 in favor of the motion. On motion the meeting adjourned. , NORMAN F. FRESKE, CHAIR -SUP , DOUGLAS LINDENFELSER, SUP , FLOYD RODEN, SUP. ATTEST: JEROME PERRAULT, CLERK JP/eb