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02-25-1991 City Council MinutesSTATE OF MN The City Council of the City of COUNTY OF WRIGHT Otsego met this 25 day of Feb., CITY OF OTSEGO 1991, at 7:30 PM. Norman Freske, Mayor, Doug Lindenfelser, Floyd Roden, Larry Fournier and Ron Black, Council Members, Jerome Perrault, Clerk, James Barthel, Treasurer, Elaine Beatty, Deputy Clerk, Judy Hudson, Secretary, Dave Licht, Planner, Larry Koshak, Engineer, and Bill Radzwill, Attorney, were present. The Meeting was called to order by Mayor Norman Freske. Motion by Doug Lindenfelser to approve the Minutes of the Feb. 11, 1991, Council Meeting. Seconded by Floyd Roden, all Council Members voted in favor of the motion. Motion by Floyd Roden to approve the Minutes of the Feb 7 1991, Workshop Meeting. Seconded by Larry Fournier, all Council Members voted in favor of the motion. First item on the agenda was the Merlin Brisbin applications for a Conditional Use Permit for a Home Extended Business, a variance to build a building larger than 2000 sq. ft. and a variance to build closer than 500 ft. from the nearest residence. (184 ft.). Planner Dave Licht said the application was submitted prior to the completion of the City Zoning Ordinance and for the present the City has adopted the Wright Co. Zoning Ordinance. The Otsego Planning Commission has recommended denial of the Permit and Variance applications and to give Mr. Brisbin a 6 month extension to operate his business (Sewerman) at his present location. This was done to give the City time to resolve their position on Home Extended Businesses and to designate an Industrial Park area. The current business location did not have a permit to operate. Dave Licht said that Mr. Brisbin's business is a growing business and will become too large for a residential area. Mr. Brisbin stated that his 10 acre lot (14886 70th Street) is an Ag Zoned area, not a residential area, and no business is done on the site, it is just a storage place for the trucks. He further contended that it is an Ag related business and he does not need the variances to operate his business on that site. Mr. Licht replied that if Mr. Brisbin is challenging the definition under the Ordinance, he will need to file an appeal to clarify the definition of whether this isn Ag related business or not. Bill Radzwill commented that according to the City Ordinance this would not be considered an Ag related business. Mr. Brisbin's Attorney, (Tom Maresh) stated that the property is zonedAg, the business is Ag related and beneficial to growing crops. The Ordinance must be followed and uses not allowed must be clearly specified. Dave Licht stated that he had contacted the Wright Co. Zoning Administrator and was informed that the County would 1"4,,,,,,,f,r1 it nnf hpinn ;an An related. business. He STATE OF MN, COUNTY OF WRIGHT, CITY OF OTSEGO, CITY COUNCIL MEETING OF FEBRUARY 25, 1991. - Page Two - further said it would be up to Attorney Bill Radzwill to issue his opinion of whether it was an Ag related business or not. Ron Black commented that we have requests for a Conditional Use Permit and 2 variances before us and now Mr. Brisbin contends he does not need them. Mr. Licht said that we interpret this as not an Ag related business and if Mr. Brisbin does not agree he should appeal this decision. Doug Lindenfelser asked Mr. Brisbin if he needed that large of a building and needed to build that close to the neighboring residence. Mr. Brisbin replied that he did. Larry Fournier commented that he would like to see thi- issue addressed after the new City Zoning Ordinance is in place. The Planning Commission has granted him a 6 month extension at his present location. and would be willing to extend that. The Council assured Mr. Brisbin that they wanted his business to remain in Otsego, it was just a matter of proper location. Gregg Knoll asked when the Zoning Ordinance will be in place. Bill Radzwill replied that we are in the final stages of preparing it now, that the process has been going on for over a year. Dave Licht said that by next month a draft of the Ordinance should be available for presentation to the Planning Commission. Dave Licht commented that it would not be fair to either Mr. Brishbin or the Council for the Council to grant him the permit and then after the Ordinance is in place, tell him he is in. violation of the Ordinance. He furthered stated if complaints were received and the business declared a nuisance, the business could be shut down. Tom Maresh asked if the business would be allowable under the present Ordinance. Dave Licht advised him it was not considered an Ag related buiness, therefore, it was not allowable. One resident asked what input residents would have concerning the Ordinance. He was advised that a Public Hearing would be held prior to the adoption at which time residents could make their views known. Motion by Ron Black to table action on the Brisbin application at this time. Seconded by Doug Lindenfelser. Larry Fournier requested a clarification of the tabling action. ,Dave Licht said that according to the Ordinance, the Council is required to take action on the applications within 60 days after the Planning Commission has acted on the matter. Doug Lindenfelser asked Mr. Brisbin if he would consider re-locating in a suitable area and Mr. Brisbin replied that he had already bought the land. Motion by Ron Black to deny Mr. Brisbin's application STATE OF MN, COUNTY OF WRIGHT, CITY OF OTSEGO, CITY COUNCIL MEETING OF FEBRUARY 25, 1991. - Page Three - to deny the two Variances Applications, one to build a building larger than 2000 sq. ft and one to build the building closer than 500 ft, from the nearest residence with the denial based as per finding of facts which are attached to these minutes. Seconded by Floyd Roden, all Council Members voted in favor of the motion. Larry Fournier asked where we could,get an opinion as to whether Mr. Brishbin's Sewerman business was Ag related or not. Dave Licht said he would file his opinion, and would request the Wright Co. Zoning Administrator to file his opinion, then it would be up to Attorney Bill Radzwill to file his opinion. Motion by Larry Fournier to request opinions to get clarification as whether Mr. Brisbin's business is Ag related or not. Seconded by Ron Black, all Council Members voted in favor of the motion. Russ Voight asked why Dave Licht is being asked for an opinion instead of Bill Radzwill. Bill Radzwill replied that he would be involved only if necessary. Gordon Huddulla, Chuck Carlson, and Kent Anderson appeared before the Council to ask what the situation was concerning their application to build a body shop in Mississippi Shores 6th Addition, a Commerical Zoned area. Mr. Licht advised them the Comprehensive Plan will be presented to the Planning Commission at its next meeting and this Plan will designate Industrial Areas. The Comprehensive Plan will not be completed for another 3 months. The property they have now is in. a Commerical area and a body shop is not a permitted use in a Commerical Area but rather should be in an Industrial area. The 3 men said they were told by the real estate agent that they could have a body shop in that area. Russ Voight asked why the body shop would not be considered an asset to the Community and that Fridley has body shops in Commerical areas. Dave Licht commented that most Cities do not. Ron Black commented that .if the 3 men were given the wrong information, that is not the Council's responsibility. Neil Goarder asked the Council what they were going to do about snow mobilers trespassing on private property, also three wheelers and 4 wheel drive vehicles. He said the Deputy Sheriff told him his No trespassing sign was not legal and knocked it down. The Council advised him that we did not have a Snow Mobile Ordinance and that they are very difficult to enforce. By next year we hope to have snow mobile trails establishing and hopefully alleviate some of the trespassing problems. Russ Voight asked why the Council didn't hire an Administrator. The Council replied that for the prsent they will continue with a City Clerk, a City Treasurer and the present Office Staff. Bill Radzwill commented that many STATE OF MN, COUNTY OF WRIGHT, CITY OF OTSEGO, CITY COUNCIL MEETING OF FEBRUARY 25, 1991. - Page Four - Clerk -Treasurers. With Administrators you usually en1 up hiring more staff people and it costs more to operate. Larry Koshak addressed the Council concerning the proposed re -alignment of Nashua Ave. as it approaches Co. 39 from the South. His firm has surveyed the area and the new approach of Nashua Ave. would come out accross from the old Town Hall. Bill Radzwill said in his opinion many of the old streets as laid out in the original Town Site Plat still exist and in this particular area would be Street D. Most of the new Nashua Ave. would be on property owned by John Anderson and he did not seemed apposed to it as he is near retirement age. Bill Radzwill said he thought the Council should take the postion they do have 66 ft. of right-of-way according to the old plat but, because this is an MSA street, they will need B4ft. of right-of-way. Larry Koshak said he would need direction from the Council regarding right-of-waY acquistition. Larry Fournier asked where the old Street D would be if it had been built. Mr. Koshak said it would be very close to Cook's house. Motion by Doug Lindenfelser to request Larry Koshak to proceed with right-of-way procurement for the re -alignment of Nashua Ave. as it approches the South side of Co. 39. Seconded by Ron Black, all Council Members voted in favor of the motion. Regarding the Joint Powers Agreement with the City of Elk River, Larry Koshak said he had requested more information about their Sewage Disposal Plant from Administrator Pat Klaiers and also requested that the Otsego City Council be gven the opportunity to tour the plant. Mayor Tralle also sent a letter to the Otsego Council advising them that the Elk River Council needs mare time to consider all the aspects of the Joint Powers Agreement. The Elk River Council leans more towards establishing a Sewer District rather than selling capacity to Otsego. Bill Radzwill commented that he feels the MPCA would rather deal with a Sewer District. Regarding the re -building of Packard between 60th and 70th Streets, Larry Koshak said slope easements will be needed in some areas. Most of the property owners are willing to accept $1.00 plus considerations, one ,wants some compensation and another wants a hill cut down. The project will, take about 300 cu. yds from John Holland and about 150 cu. yds from McShane. The slopes will be rounded off and black dirt put back on the slopes. Regarding driveway culverts, they will be the responsibility of the property owners, however one has protested. Jim Lefebvre has requested compensation for crop loss and Larry- said he would request assistance from the Council in determining that. Larry Koshak presented the Council with a sample Ordiance which would regulate the use of public grounds and right-of-ways by Utilities. The Ordinance would in effect STATE OF MN, COUNTY OF WRIGHT, CITY OF OTSEGO, CITY COUNCIL MEETING OF FEBRUARY 25, 1991. - Page Five - doing any Utility work in street right-of-ways, designate where Utilities could be in relation to the street, and require Utilities to provide a Performance Bond before commencing any construction work. Bill Radzwill commented that he prefers, franchise agreements with the Utilities. Larry Koshak said that we need to define where Utilities can be placed in relation to the streets. He suggested setting up a Workshop Meeting and inviting all the Utility Companies operating .in the City to attend to discuss placement and other issues of mutual interest to the City and the Utilities. Larry Koshak also stated that there are Grants available from the Minnesota Public Facilities Authority for property owners with failed septic systems. Property owners would need to work through the City Council to obtain the Grants, which would be approximately 50% of the cost of replacing the septic system, and the work must be done by an approved. contractor. Attorney Andy McArthur, who has been preparing the Liquor Ordinance for the City of Otsego, was not present because of illness. Motion by Floyd Roden to table consideration of the Liquor Ordinance until the March 11, 1991, Council Meeting. Seconded by Larry Fournier, all Council Members voted in favor of the motion. Bill Radzwill reviewed the Ordinance which would regulate Franchise Agreements with Utilities operating within the City of Otsego. He said more or less we need to know what their plans are and where they are going to build. We should charge permit fees enough to cover the cost of administering the Ordinances. Charles and Audrey Axelson were present at the Meeting and announced they are moving out of Otsego and will be resigning the Dog Catcher position as of March 1. Garcia Michels was present and said she would like to be involved. She likes dogs and admits we do have a dog problem in the area. She said we need someone from the area to be the Dog Catcher rather than an outsider, also too many people have the idea they live in the country and can let their dogs run. We need to educate people that they can't let their dogs run and that they do need licenses for their dogs. Motion by Larry Fournier to advertise for a Dog Catcher. Seconded by Floyd Roden, all Council Members voted in favor of the motion. Hakanson Anderson Assoc. Inc. has been under contract to provide Engineering Services to Otsego at an. hourly rate of $55.00 since 1987. They are now requesting an increase to $62.50 per hour. Motion by Doug Lindenfelser to increase the hourly rate for Engineering Services to $62.50 per hour. Seconded by Ron Black, all Council Members voted in favor of . •=$ • 1 1. • •flZM STATE OF MN, COUNTY OF WRIGHT, CITY OF OTSEGO, CITY COUNCIL MEETING OF FEBRUARY 25, 1991. - Page Six - contract on that basis. Judy Hudson had information on signing the City vehicles and equipment. They are the stick on type signs guaranteed for 5 years and will withstand washing. Doug Lindenfelser suggested having Dave Chase check to see what it would cost for painted on signs. The County Assessor has tentatively set Spril 23 at 8:00 PM as the date for the City Board of Review Meeting subject to Council approval. Motion by Floyd Roden to request a 7:00 PM starting time for the Board of Review Meeting on April 23. Seconded byRon Black, all Council Members voted in favor of the motion. Larry Koshak suggested that the City needs to appoint a Zoning Administrator and a Parks Committee. Motion by Ron Black to appoint Elaine Beatty as Zoning Administrator. Seconded by Larry Fournier, all Council Members voted in favor of the motion. Ron Black suggested putting an article in the next City Newsletter requesting volunteers for the Parks Committee. The Council advised Judy Hudson to check prices for a new typewriter that would be more appropiate for her needs. Proceeding as a board of audit, the City Council audited and allowed verified accounts Nos. 149 to 182 inclusive. On motion the meeting adjourned. Attest: Jerome Perrault, Clerk j h , Norman F. Freske, Mayor Doug Lindenfelser, Council , Floyd Roden, Council , Larry Fournier, Council , Ron Black, Council