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02-11-1991 City Council MinutesSTATE OF MINNESOTA CO OF WRIGHT CITY OF OTSEGO Roden, Larry Fournier Perrault Clerk, James Deputy Clerk, Judy Hudson, Secretary, Larry Koshak, Engineer, Bill Radzwill, Attorney, and Bob Kirmis, Planner, were present. The meeting was called to order by Mayor Norman Freske. Motion by Floyd Roden to approve the Minutes of the January 28, 1991 Council Meeting with one correciton, the Lenz farm referred to as being developed in Frankfort Township is incorrect and instead is land owned by Wilfred Lindenfelser that is being developed. Seconded by Larry Fournier, all Council Members voted in favor of the motion. Dave Sheppard of 8500 Parrish Avenue appeared before the Council to discuss planning of future Highway #101 service roads in the area where he lives. He is concerned because of the high water table in that area. Larry Koshak advised him that MN/DOT does have alternate routes under consideration and is certain they:will do soil borings in the area. Floyd Roden advised him there will be another Highway #101 meeting in April and he should plan on attending. Jacquie Rognli appeared before the Council in regards to the "Otsego View" Newsletter and her editor's philosophy. She feels the purpose of the Newsletter is to keep Otsego residents informed of City business and events, promote Otsego and promote community pride. The Newsletter should not promote private businesses and only report on private business as a news story. In future publications, she will contact City employees prior to the publication date to see if they have any items for the Newsletter. She also discussed Newsletter distributioln problems with ADS, especially delivery in the area West of Albertville and South of 1-94. Mailing would be three times as expensive. She said she would check after the April publication and if delivery problems persist in that area, we may have to mail the Newsletter to those residents. She also said she is experiencing higher costs than anticipated and requested a $50.00 per issue increase in editor fees to $200.00 per issue. Another thing she is considering is expanding to six issues (6) per year, every two months instead of quarterly, and expanding to six pages (6) at a cost of $588.00 per issue, it would cost $1,176.00 more per year to have six issues (6) instead of four (4). To add two more pages (2) would cost $328.00 per issue. Six pages published quarterly would be $3,664.00 per year and six pages (6) published by - monthly would cost $5,496.00 per year. Larry Fournier commented that the "Otsego View" is being well received and should be expanded to bi-monthly to keep the news more up to date. Jacquie also commented that recycled paper is more expensive to use than new paper when printing the Newsletter. Motion bv Ron Black to increase the editors fee to The City Council of the City of Otsego met this llth day of February 1991 at 7:30PM. Norman F. Freske, Mayor, Douglas Lindenfesler, Floyd and Ron Black, Council Members, Jerome Barthel, Treasurer, Elaine Beatty, STATE OF MINN, COUNTY OF WRIGHT, CITY OF OTSEGO CITY COUNCIL MEETING OF FEBRUARY 11, 1991 AT 7:30PM - PAGE 2 - $200.00 per issue. Seconded by Larry Fournier, all Council Members voted in favor of the motion. Motion by Larry Fournier to expand the Newsletter to bi- monthly instead of quarterly. Seconded by Floyd Roden, all Council Members voted in favor of the motion. The Council also advised Jacquie Rognli to use her judgement to determine by the amount of material available whether to publish a four page or six page Newsletter and to use new paper unless the cost of recycled paper becomes more comparable. Merlin Brisbin appeared before the City Council and asked if the Otsego Planning Commission had the authority to turn down his Conditional Use Permit application and the Council advised him that the Planning Commission did have that authority. He had applied for a Conditional Use Permit to build a building to store his two "Sewerman" business trucks and also requested two (2) variances. One to build a building larger than 2,000 square feet (a 48 X 80' building) and to build 184' from a neighboring residence instead of 500'. He ownes ten acres (10) of land (PID214-000-284401) on 70TH ST in Sec 28, Range 23. His application was for a Home Extended Business Permit for his "Sewerman" businesses of pumping and cleaning septic tanks. Mr Brisbin maintained that his business was Ag. related and should have been allowed as his lot is .in an Ag Zoned area. Mr Radzwill advised Mr. Brisbin that he had consulted MPCA and they advised him this would not be considered an Ag. related business. Mr. Brisbin complained that the Planning Commission had given him six (6) months to relocate and vertually put him out of business. Mr Radzwill advised him the City does not want to put him out of business, that he is doing a good job and it was a matter of the business being in the proper location and that the City hopes to have it's Comprehensive Plan completed soon and will have designated Industrial Areas which would be the proper location for his business. The Council also advised Mr Brisbin that they did not want to put him out of business or move him out of Otsego, that he was doing a good job and his business was needed in Otsego with all it's on site septic systems. It was just a matter of being in the proper location. Mr. Radzwill further advised him that several of his neighbors were opposed to his plans and if the City were to grant him the Permit, the neighbors could sue the City for not following their own Ordinance. Motion by Douglas Lindenfelser to table any further action on Mr. Brisbin's Home Extended Business Pertmit application until the February 25, 1991 City Council Meeting. Seconded by Larry Fournier, all Council Members voted in favor of the motion. The Council wanted more time to study the issue and review Planner Dave Licht's recommendations. 7nnhman was present and discussion occured on the STATE OF MINN, COUNTY OF WRIGHT, CITY OF OTSEGO, COUNCIL MEETING OF FEBRUARY 11, 1991 AT 7:30PM - PAGE 3 - possible problem with water draining from the Willow Bend Development in Frankfort Township into Otsego and onto Mr Zachman's farm. Mr Zachman said he has talked with Frankfort Township about this problem and also about water draining from Country View Acres Development that is draining onto his land. Frankfort Township claims Country View Acres drains to the South and he disagrees with that and is considering hiring his own Engineer and Attorney. Larry Koshak said Frankfort Township was negligent in not advising Otsego of development occuring adjacent to the boundary between Otsego and Frankfort as anyone within 300 feet of such development is required to be notified. Elaine Beatty replied no notification was received, but that she would double-check to be sure. Larry Koshak said he checked the drainage plans of Willow Bend and they are designed to work without causing a problem in Otsego. Mayor Norman Freske said he wanted it made a matter of record that the City of Otsego was aware of development occuring in Frankfort Township adjacent to the boundary line and of the possibility of future drainage problems into Otsego so that if this problem does occur, action could be instigated to correct it. Bob Kirmis appeared before the Council regarding Dr. Gilgenbach's application to lease space in his Ani-Mall Building located in Mississippi Shores 6TH Addition to the Elk River School District for Special Education Classes. He has approved the leasing and the Otsego Planning Commission has approved a two and one half year (2-1/2) lease. Mr. Kirmis said he recommended combining the two lots (2) owned by Dr. Gilgenbach and also recommended that there should be a tax on the rental space. Bill Radzwill advised that in a case like this, the tax would probably be based on the rental rate. Regarding parking, Mr Kirmis said it appears to be adequate however the City would have the right to require more parking space if needed in the future as space is available to expand the parking lot. On the matter of interior sound proofing, Ron Black said he felt this was a ,, matter between the landlord and tenant and not a City concern or something the City should be involved in. Motion by Floyd Roden to approve Dr Gilgenbach's application for a Conditional Use Permit to lease space in his Ani-Mall building to the Elk River School District. Seconded by Ron Black, all Council Members voted in favor of the motion. Steve Scharber was present and informed the Council that he was interested in putting water and sewer in his Country Ridge Development of the LeFebvre farm. He said this was just to make the City Council aware of his position to assist the City in any future planning. Bill Radzwill brought up the Joint Powers Agreement with RrnnfiF4 to clarify that the City of STATE OF MINN, COUNTY OF WRIGHT, CITY OF OTSEGO COUNCIL MEETING OF FEBRUARY 11, 1991, AT 7:30PM - PAGE 4 - Otsego will be using County Building Inspectors during the transition period until Otsego hires it own inspectors. The County will retain Building Permit Fees as long as they do the inspections. The agreement will be for the year 1991 or until Otsego hires it's own inspectors, if that occurs before the end of 1991. Motion by Floyd Roden to approve the Joint Powers Agreement with Wright County relating to Wright County providing Building and Sewer Inspections Services to the City of Otsego until December 31, 1991, or until the City of Otsego hires it's own inspectors, if this occurs before the end of 1991. Seconded by Larry Fournier, all Council Members voted in favor of the motion. Bill Radzwiil reviewed the Ordinance he has prepared concerning the Licensing and Regulation of the Sale of Non - Intoxicating Malt Liquor (beer) within the City of Otsego. The license will expire at the end of June each year. The annual license fee will be $50.00 for an Off -Sale License, $75.00 for an On -Sale License and $25.00 per day for a Temporary License. The license is granted to the licensee only and for the premise described in the application and is not transferable to another person or another premise. The applicant must be investigated as to his qualifications to hold a license before the license is issued. If the business ceases before the license expires, refunds will be made on a pro -rated basis. The applicant must show proof of financial responsibility and file a Certificate of Insurance with the City showing proof of coverage for Liability, Property Damage and Bodily Injury according to the guidelines of Minnesota Statute 340A.801. No license shall be granted to a premise within 500 ft. of a church or school. No person under twenty one (21) years of age will be permitted to purchase beer and no person under eighteen years (18) of age shall be employed in an establishment selling beer. No gambling shall be permitted in a licensed premise except State sactioned activites. A ten day Notice of Suspension or Revocation shall be given to the licensee and said notice shall contain the date, time and place of the Hearing and of the nature of the charges against the licensee. Motion by Ron Black to adopt the Ordinance concerning the Licensing and Regulation of the Sale of Non -Intoxicating Malt Liquor within the City of Otsego. Seconded by Douglas Lindenfelser, all Council Members voted in favor of the motion. Shirley Adamson, of 8129 Needham Avenue, appeared before the Council to complain that the City took out her cement driveway culvert, replaced it with a steel culvert, and left the old culvert lay in the ditch. The ditch was also left rough and she cannot mow it and her driveway is soft because of recent warm weather. The Council explained to her that ---4--+ ArInt- in the Pa11 to help Spring runnoff and STATE OF MINN, COUNTY OF WRIGHT, CITY OF OTSEGO COUNCIL MEETING OF FEBURARY 11, 1991 AT 7:30PM - PAGE 5 - will be completed in the Spring when weather permits. The Council will have the City Maintenance men check on the conditions. Regarding Ordinances regulating snowmobiles, Bill Radzwill advised the Council they are very difficult to enforce. Floyd Roden said that if snowmobile trails could be established, this would help relieve the problem of snowmobilers trespassing on private property. Larry Koshak advised the Council that Plans and Specifications for the upgrading and bituminous surfacing of Packard Avenue between 60TH and 70TH Streets are prepared and ready for approval. The plans call for a 9 ton design with a thirty-two feet (32') wide subgrade and a twenty-four feet (24') wide bituminous top. The hill would be cut down to a forty MPH (40) site distance. Where the hill is cut down, additional slope -easements and easements to remove material will be needed as well as slope easements in some other areas. Construction cost will be an estimated 8162,000.00. Motion by Ron Black to adopt the following Resolution: WHEREAS, pursuant to a Resolution passed by the Town Board on August 8, 1990, Hakanson Anderson Associates, Inc. has prepared plans and specifications for the improvement of Packard Avenue NE between 60TH and 70TH Streets NE within the City of Otsego and has presented such plans and specifications to the Otsego City Council for approval; Now, therefore, be it resolved by the Otsego City Council such plans and specifications are hereby approved. The City Clerk shall prepare and cause to be inserted in the Official City Newspaper and in the Construction Bulletin an Advertisement For Bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be, published for three weeks (3), shall specify the work to be done, shall state that the bids will be opened and that the responsibility of the bidders will be considered by the City Council at 10:00 AM on March 14, 1991, in the Otsego City Hall. Any bidder whose responsibility is questioned during the consideration of the bid will be given an opportunity to address the City Council on the issue of responsibility. No bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashiers check, bid bond, or certified check payable to the City Clerk for 5% of the amount bid. The City Council reserves the right to reject any or all bids. The Motion for adoption was seconded by Larry Fournier, all Council Members voted in favor of the motion. Regarding the rebuilding of Nashua Avenue from County #39 to 85TH ST as an MSA funded project, Larry Koshak advised the Council he thought they should consider straightening Nashua Avenue as it approaches Co. #39 which would move the , ;m1-IrriCYP Fl1tP Histance-. STATE OF MINN, COUNTY OF WRIGHT, CITY OF OTSEGO COUNCIL MEETING OF FEBRUARY 11, 1991 AT 7:30PM - PAGE 6 - Motion by Floyd Roden to authorize Larry Koshak and Bill Radzwill to proceed with preliminary Plans to rebuild Nashua Avenue from Co. #39 to 85TH Street including possible re- alignment of the approach of Nashua Avenue to County #39 and preliminary negotiations for the needed right-of-way easements. Seconded by Doug Lindenfelser, all Council Members voted in favor of the motion. Regarding crack filling operations, Larry Koshak said he recommends using an asphalt rubber sealant, more expensive but longer lasting. It needs to be applied by a contractor using special tools and equipment and would have to be let out on bids. He recommended using it on streets with a long useful life. The Council advised him they will check the City Streets and consult with the Maintenance men before making a decision on it's use. Regarding Clean Up Day scheduled for May 4, 1991 Judy Hudson advised the Council that ARCA, the appliance removal company, charges $7.00 per appliance when picked up on Clean Up Day and $6.00 per appliance if picked up after Clean Up Day. Freon removal is no problem. Roll -off trucks can remove material cheaper than garbage trucks. Motion by Douglas Lindenfelser to contract ARCA for appliance removal. Seconded by Floyd Roden, all Council Members voted in favor of the motion. Seconded by Floyd Roden, all Council Members voted in favor of the motion. Motion by Ron Black to contract Demcon Disposal, Inc for roll -off trucks for removal services on Clean Up Day. Seconded by Larry Fournier, all Council Members voted in favor of the motion. Motion by Floyd Roden to set February 21, 1991 at 1:00 PM as the date for the City Council to meet with the maintenance men, view the City streets, and consider maintenance projects for the upcoming season. Seconded by Doug Lindenfelser, all Council Members voted in favor of the motion. Proceeding as a Board of Audit, the Council audited and allowed verified claims Nos. 97 to 148 inclusive. On motion the meeting adjourned. lifrret....• AIN. "41110r411 Air O. L...r.d/ NORMAN F. FRESKE, MAYOR DOUGLAS LINDENFELSER, COUNCIL FLOYD RODEN, COUNCIL LARRY FOURNIER, COUNCIL RONALD G. BLACK, COUNCIL ATTEST: JEROME PERRAULT, CLERK