08-03-1989 Special Meeting MinutesSTATE OF MINNESOTA A Special Town Board Meeting of
COUNTY OF WRIGHT the Town of Otsego was held this
TOWN OF OTSEGO 3rd day of August, 1989, at 10:00
A.M. Norman Freske, Chairman,
Floyd Roden and Douglas
Lindenfelser, Supervisors, Elaine Beatty, Deputy Clerk,
Jerome Perrault, Clerk, and William Radzwill, Attorney, were
present.
The purpose of the meeting was to discuss the proposed
Developers Contract with Clem Darkenwald calling for a fee of
$550.00 per lot. A letter was been received from Mr.
Darkenwald's Attorney, Edward Bock, stating that he has
advised Mr. Darkenwald not to sign the Developers Contract
calling for a $550.00 per lot fee on grounds that, the
township has no legal right to collect the fee, there is no
Minnesota Statute that authorizes imposing impact fees' and
the Wright County Ordinance has no provision for collecting
impact fees. Mr. Bock said in his letter that Mr. Darkenwald
was aware that the Township incurred considerable expense
during the plat approval process and would be willing to sign
a contract calling for a $25.00 fee per lot at the time the
contract was signed and a $75.00 per lot fee at the time the
individual lot building permits were issued.
Mr. Bock also said that Mr. Darkenwald has indicated he
will proceed to request final plat approval from the Wright
County Zoning Office without signing the Developers Contract
with the Township.
Mr. Radzwill advised the Board they have the right to
put a moratorium on plat approvals until they have their own
zoning Ordinance in place but this would only affect plats
not given preliminary plat approval and Mr. Darkenwald could
dispute this claiming he has preliminary plat approval. They
could also refuse to approve and take over the streets in the
plat unless a Developers Contract is agreed to but there
could be a lawsuit filed by Mr. Darkenwald because of this.
Engineer Larry Koshak has reviewed the schedule of fees
used to arrive at the $550.00 per lot fee and has suggested
the following revisions:
Comprehensive Planning - $125.00
Seal Coating Fee 150.00
Engineering and
Administrative fees
during Plat Development - 125.00
$400.00 per lot
The Board agreed they would be willing to omit the Seal
Coating fee and decide later whether to assess the Seal
Coating costs or pay for it out of the General Fund.
But they did not feel the $250.00 per lot fee was
excessive in view of the considerable expense the Township
incurrs during the plat approval process and the Board feeis
the tax payers of the Township should not be liable for this
expense. The Board requested Mr. Radzwill to submit a
statement of the legal expenses the Township has incurred to
STATE OF MINNESOTA TOWN OF OTSEGO SPECIAL TOWN BOARD
COUNTY OF WRIGHT MEETING, AUGUST 3, 1989 TOWN OF
- PAGE 2 - OTSEGO
date in connection with Mr. Darkenwald's Mississippi Parkwood
and also request a similar statement from Engineer, Larry
Koshak. The Board agreed to set up another meeting with Mr.
Darkenwald and present these figures to him as well as the
expenses of the Board and Clerk so that he would have a
better understanding of the Township expenses during the plat
approval process.
In regard to the Drainage Easement on the Ford Slaughter
property for the Vasseur 3rd & 4th Additions Storm Drain
Project, Mr. Slaughter has notified the Board he is not
willing to grant the Drainage Easement. He indicated he
might be considering selling the 6.82 acre lot and would be
asking $35,000.00 to $40,000.00 for it. The Board discussed
purchasing the lot from him and reserving part of it for the
site of a future water tower. The Board will request him to
appear at the Town Board meeting on August 7 and discuss
purchasing the lot from him.
Ori motion the meeting adjourned.
ATTEST; JEROME PERRAULT, CLERK
JP/jh
,NORMAN F. FRESKE, CHAIR -SUP.
,DOUGLAS LINDENFELSER, SUP.
,FLOYD RODEN, SUP.