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12-17-1990 City Council MinutesSTATE OF MN The City Council of the City of COUNTY OF WRIGHT Otsego met this 17TH day of December CITY OF OTSEGO 1990 at 7:30 PM. Mayor Norman F Freske, Council Members Douglas Lindenfelser, Floyd Roden, Larry Fournier and Ron Black, Clerk Jerome Perrault, Treasurer James Barthel, Deputy Clerk Elaine Beatty, Secretary Judy Hudson, Attorney Bill Radzwill, Planner Dave Licht and Engineer Larry Koshak were present. The meeting was called to order by Mayor Norman F Freske. The first item on the agenda was a Public Hearing on the proposed Zoning Ordinance Text Amendment. Planner Dave Licht addressed the Hearing and presented for reviewal the Zoning Ordinance. He said he is recommending all Zoning applications and Public Hearings to be handled by the Otsego Planning Commission and then before the City Council for final approval. A11 Rezoning applications should be submitted to the City Zoning Administration complete with eight (8) copies in detail of the proposed change use or development at least 15 working days prior to the Planning Commission Meeting at which it will be on the agelida. The applicant will be required to show proof of ownership of the property in question or written authorization from the owner of the property to proceed with the requested rezoning. After the application is received, the City sets up a Hearing date before the Planning Commission and must give 10 days published notice prior to the Hearing date and 10 days mailed notice prior to the Hearing to all owners of property within 350 feet in residential areas and 500 feet in rural areas. After the Planning Commission conducts the Hearing, they shall make their recommendation for approval or denial and forward the report of their recommendation to the City Council for their consideration at the next Council Meeting following receipt of the Planning Commission report. The City Council then has option to approved or deny the request or refer it back to the Planning Commission for further consideration. The City Council also has the option to conduct their own Public Hearing on the applicaiton. Approval of a proposed zoning change requires a 4/5 vote of the City Council. Conditional Use Permit applications must be submitted to the City on offical application forms and be accompanied by the fee as provided by the City Council for such applications. The application must be accompanied by eight (8) detailed copies fully explaning the proposed use, change or development. After the City receives the Conditional Use Permit Application, the application is put on the agenda of the next Planning Commission Meeting following 15 working days after receipt of the application. The City must give 10 days published notice of the Public Hearing on the application before the Planning Commission and 10 days written notice to land owner within 350 feet of the proposed site. After the Hearing is completed the Planning Commission ma1ee.1fhrrf.r.snri- fn 0;4-" STATE OF MN, COUNTY OF WRIGHT, CITY OF OTSEGO, CITY COUNCIL MEETING DEC 17, 1990 AT 7:30PM - PAGE 2 - can either approve or deny the application, refer it back to the Planning Commission for further consideration or in some cases conduct their own Public Hearing on the application. Approval of a Conditional Use Permit application requires passage by a 3/5 vote of the Council. If the application is turned down, it can not be re -submitted for at least a year unless the applicant can prove that circumstances regarding the application have changed. To reconsider the application would require a 4/5 vote of the Council. If the applicant fails to use the Conditional Use Permit within one (1) year after it is issued it will expire unless he files a written request for extension at least thirty (30) days prior to the expiration date. Variance applications go thru the same procedure as Conditional Use Permit Applications. Factors to be considered when reviewing a Variance Application is the effect on adjoining property, street congestion and public safety, special conditions and undue hardship. Tide Planning Commission is required to make a decision on a Variance application within sixty (60) days after it is first considered at a Planning Commission Meeting and the City Council is required to approve or deny a Variance request within sixty (60) days after receiving the Planning Commission recomendation. Variance approval or denial requires a 3/5 vote of the Council. If a Variance has not been put in use within one year after it is granted it expires unless the applicant applies for an extension at least thirty (30) days before it is due to expire. Motion by Douglas Lindenfelser to require a 4/5 vote of the Council to approve a request for a Conditional Use Permit. Seconded by Floyd Roden, all Council Members voted in favor of the motion. Ron Black asked if item 4 (referring to having an adverse effect on area) and item 5 (referring to depreciating the property value) were similar in content. He also asked why the application shouldn't be required to get the mailing lists of adjacent property owners instead of having the City Zoning Administrator do it. Also on page 16, Mr Black said he thought that (in reference to recording variances) it should read Wright Co Recorder instead of Wright Co Register of Titles. Motion by Larry Fournier to adopt the interim Zoning Ordinance Text Amendment subject to inclusions of recommended changes. Seconded by Douglas Lindenfelser, all Council Members voted in favor of the motion. A full copy of the Interim Zoning Ordinance Text Amendment is available at the City Hall. Motion by Ron Black to approve the Minutes of the December 10, 1990 City Council Meeting as printed. Seconded by Larry Fournier, all Council Members voted in favor of the mrl+ inn STATE OF MN, CO OF WIRGHT, CITY OF OTSEGO - CITY COUNCIL MEETING OF DECEMBER 17, 1990 AT 7:30PM - PAGE 3 - Mayor Norman F Freske questioned the amount of compensation for Council Members approved at the December 10 Council Meeting in reference to meetings where all day attendance is required. He felt the $25.00 for extra meetings was not adequate where all day attendance was required. Motion by Ron Black to amend the motion of December 10, 1990 regarding compensation for extra meetings to read $150.00 per day for all day seminars and workshops. Seconded by Douglas Lindenfelser, all Council Members voted in favor of the motion. Regarding Tom Moe's drainage problem in the road ditch along Needham Ave, the backhoe will be there tomorrow to lower the ditch six (6) inches. Douglas Lindenfelser said that two (2) driveway culverts will need to be lowered. Motion by Floyd Roden to lower the Needham Ave ditch and replace driveway culverts as needed. Seconded byrRon Black, all Council Members voted in favor of the motion. Mrs Laverne Constant has expressed some concern about the water draining from the Vasseur's 4TH Addition Drainage Project as to whether it might be polluted. Attorney Bill Radzwill said the Council has the right to test the water draining from the outlet. Audrey Axelson asked if snowmobilers are allowed to drive on the sidewalk along Parrish Ave (Co 42). Bill Radzwill said the only way to stop this would be to adopt an ordinance to regulate where snowmobiles can drive. Audrey also said she is having problems with an overflow of dogs and has had to hold them over five (5) days at her own expense in cases where the Humane Society is filled up and can't take them. Motion by Douglas Lindenfelser that all dogs not claimed or taken by the Humane Society after five (5) days be taken to the St Michael Vet Clinic and put to sleep. Seconded by Larry Fournier, all Council Members voted in favor of the motion. Planner Dave Licht advised the Council that in regard to sub -divisions, applicants should be required to get copies of the Zoning Ordinance from the City Zoning Administrator prior to submitting their application. Regarding major sub- divisions, Dave recommended that the applicants be required to meet with him, the Attorney, The Engineer, and the Council to review their plans before they present them to the Otsego Planning Commission. Motion by Floyd Roden to have a Staff Meeting once a month for the next three (3) months on a trial basis to address sub -divisions. Seconded by Larry Fournier, all council members voted in favor of the motion. Larry Koshak advised the Council that he thought a meeting should be initiated and arranged with the City of Elk n___ a;.2Pwer n nnrity from STATE OF MN, COUNTY OF WRIGHT, CITY OF OTSEGO - CITY COUNCIL MEETING OF DECEMBER 17, 1990 AT 7:30PM - PAGE 4 - them. Floyd Roden said he would be in Elk River tomorrow and would speak to the City Administrator about arranging a meeting. Larry Koshak also brought up the feasibility study on the bituminous surfacing of 89TH St and Parell Ave in Barthel Acres. The assessment was almost $4,000.00 per unit for the 11 units using a 9 ton design street and fully assessing the improvement cost to the property owners. The assessment figure was too high for the amount of benefit the City could prove it was providing the property owners. Bill Radzwill recommended having an appraiser determine the amount of benefit per unit for this project. Motion by Floyd Roden to reconvene the Public Hearing on the proposed upgrading and bituminous surfacing of 89TH ST and Parell Ave in Barthel Acres on January 1.0, 1991 at 7:30 PM. Seconded by Larry Fournier, all Council Members voted in favor of the motion. Larry Koshak also said the MSA Certificationrof Road Mileage for the City of Otsego is required by January 15, 1991 and that he will take care of it. Regarding the City of Otsego's share of the Co 42 project, Larry said he had reviewed the final cost figures on the project and recommends that the City pay it's share with the exception of the street lights not yet installed which the City could withhold it's share of the installation cost until they are installed. He also said that Mn/DOT would not approve Co 42 as an MSA street. Regarding the Mining Permit application of Ed Dauphanis (Mike Emberton), the Otsego Planning Commission has told him they need more information before acting on it. Regarding the Lcebvre property by River Road and the proposed 85TH ST from Page Ave to Co 42, John LeFebvre requested a lower assessment on his 2 - 40 acre parcels during his meeting with Doug Lindenfelser, Larry Fournier and Norman Freske. Because of this request, he is hesitant to sign the Agreement to be Assessed on the LeFebvre Estate property. Bill Radzwill advised the Council that he would check the ownership of the LeFebvre Estate property to see if John LeFebvre's signature is needed. Attorney Bill Radzwill has prepared a Resolution establishing the dates and time of regular City Council Meetings and Rules of Procedure. Motion by Ron Black to adopt the Resolution setting the regular City Council Meetings on the 2nd and 4th Mondays of each month at 7:30PM with the meeting to be on the next day in the event the regular meeting date is a legal Holiday and to use the Robert's Rules of Order as it's rules of procedure. Seconded by Douglas Lindenfelser, all Council Members voted in favor of the motion. STATE OF MN, CO OF WRIGHT, CITY OF OTSEGO - CITY COUNCIL MEETING OF DECEMBER 17, 1990 AT 7:30PM - PAGE 5 - Regarding the Joint Powers Agreement with Wright Co, Bill Radzwill said that Tom Salkowski has recommended waiting until January when the new County Attorney is in office before signing it. Regarding the Wild and Scenic River designation in the City of Otsego, the Council decided it would be best to wait and see who the DNR Commissioner will be under the Carlson Administration and then arrange a Council Meeting with him to get his opinion on it. The Council requested Elaine Beatty to have all applications for the Planning Commission Member vacancy be submitted by January 10, 1991. Dave Plude, of 14817 NE 95TH ST, has complained about the condition of the lot just West of him and about the number of livestock on it. The Council advised Elaine Beatty to send a notice to the property owner to clean up his lot. Regarding purchase of a new truck, Dave Chase said he is recommending a tandem axel truck because it has three (3) times the load capacity of a single axel truck. He is also recommending a two-way snowplow, wing and sander to go with the truck. The Council will get bid specifications for the new tandem axel truck. Motion by Douglas Lindenfelser to pay the balance of the 1990 Fire Contract dues to the City of Elk River in the amount of $29,812.69. Seconded by Larry Fournier, all Council Members voted in favor of the motion. Proceeding as a Board of Audit, the City Council audited and allowed verified accounts Nos. 941 to 961 inclusive. On motion the meeting adjourned. NORMAN F FRESKE, MAYOR . ; -, Air LAS LINDENFELSER, COUNCIL D RODEN, COUNCIL LARRY FOURNIER, COUNCIL RONALD G BLACK, COUNCIL ATTEST: JEROME PERRAULT, CLERK EB CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION ESTABLISHING DATES AND TIME OF REGULAR CITY COUNCIL MEETINGS AND RULES OF PROCEDURE WHEREAS, as the Town of Otsego, the Town Board of Supervisors met regularly every first and third Monday of each month at 8:00 P.M., and WHEREAS, the City of Otsego was officially incorporated on November 15th, 1990; BE IT RESOLVED, that the City Council of Otsego shall have its regular Council meetings the second and fourth Monday of each month at 7:30 P.M. BE IT FURTHER RESOLVED, that in the event that a date for a regular City Council meeting shall fall on a legal holiday, the city council shall meet on the next day following said legal holiday, instead of on the regular date and time. BE IT FURTHER RESOLVED, that the City Council shall use Robert's Rules of Order as its rules of procedure until such time as the Council can adopt its own rules by ordinance. Dated: /2` M . of City of Otsego CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION ESTABLISHING DATES AND TIME OF REGULAR CITY COUNCIL MEETINGS AND RULES OF PROCEDURE WHEREAS, as the Town of Otsego, the Town Board of Supervisors met regularly every first and third Monday of each month at 8:00 P.M., and WHEREAS, the City of Otsego was officially incorporated on November 15th, 1990; BE IT RESOLVED, that the City Council of Otsego shall have its regular Council meetings the second and fourth Monday of each month at 7:30 P.M. BE IT FURTHER RESOLVED, that in the event that a date for a regular City Council meeting shall fall on a legal holiday, the city council shall meet on the next day following said legal holiday, instead of on the regular date and time. BE IT FURTHER RESOLVED, that the City Council shall use Robert's Rules of Order as its rules of procedure until such time as the Council can adopt its own rules by ordinance. Dated: ATTEST: 3 Z�t.c.„4 M of City of Otsego