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03-11-1991 City Council MinutesSTATE OF MN The City Council of the City of COUNTY OF WRIGHT Otsego met this 11 day of March, CITY OF OTSEGO 1991, at 7:30 PM. Norman Freske, Mayor, Douglas 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, and Andy McArthur, Attorney, were present. Motion by Floyd Roden to approve the Minutes of the Feb 25, 1991, Sub -Division Ordinance Discussion Meeting. Seconded by Doug Lindenfelser, all Council Members voted in favor of the motion. Motion by Doug Lindenfelser to approve the Minutes of the Feb.25, 1991, Council Meeting with 2 corrections, the motion by Ron Black to table action on the Brisbin applications for a Condidtional Use Permit and 2 Variances should be recorded in the Minutes as having been withdrawn and Larry Fournier instead of Larry Koshak as the person who brought up the matter of appointment of a Zoning Administrator and Parks Committee. Seconded by Ron Black, all Council Members voted in favor of the motion. Motion by Doug Lindenfelser to approve the Minutes of the Feb. 20, 1991, Workshop Meeting. Seconded by Floyd Roden, all Council Members voted in favor of the motion. James Barthel was present at the meeting, to request renewal of his Farm Accessory Mobile Home Permit. Motion by Doug Lindenfelser to approve renewal of the Farm Accessory Mobile Home Permit of James Barthel (Alfred Barthel & Sons) for 2 years. Seconded by Floyd Roden, all Council Members voted in favor of the motion. Tom Constant brought up the matter of the eye sore lot of Sally Gulbrandson on 85th St. Elaine Beatty said she has been notified several times to clean up her lot and it has been turned over the County Attorney in an attempt to get her to clean up her lot. She has cleaned up some but it is still very bad. Mr. McGillivray also complained that the lot is a mess and spoils the value of her home. Another resident of the area complained of a resident neighborning him that doesn't have running water and another that lets his sewage run into the road ditch. Stan Schuster said he lives accross from Sally Gulbrandson and the water from her lot runs onto his. Ron Black replied that he has worked with the City of Elk River similar situations. He said the property owner is notified and given a certain number of days to clean up his lot. If he fails to do so the City can go ahead and clean up the lot and assess the clean up cost back to the property owner. Ron Black further stated that as soon as we have our Ordinance in place we will be in a position to take similar action. Neil Goerder was present and asked the Council when something was going to be done about trespassing in Darkenwalds Mississippi Parkwood Park area. Three wheelers, four wheelers and snowmobiles run around in the Park area in ../1,;rh STATE OF MN, COUNTY OF WRIGHT, CITY OF OTSEGO, CITY COUNCIL MEETING OF MARCH 11, 1991. Page 2 borders the Park. He also complained that storm drain water from Mississippi Parkwood runs onto his land. Mayor Norman Freske explained that the drainage was to have been properly engineered and if there is a problem Darkenwald and his Project Engineer should be notified. One resident suggested that the Council should consider having a curfew to keep kids off the streets at night. The Council replied they could consider a curfew, however enforcement would be very difficult and expensive. John Bly, of 9968 Kahler Ave, (Lot 11, Block 1, Island View Estates) was present at the meeting concerning his application for a sideline setback variance. He wishes to build an addition on his garage that would be 3 ft. from the sideline instead of 30 ft as required in the Ordinance. The property is in the Wild & Scenic River Area. In his favor the property is bordered by a ravine and the neighborhood has many 3 car garages. The Otsego Planning Commission did a site inspection and has denied the variance because it would be setting a precedent, also there is a propane tank in the back yard that would be difficult to remove without going on to the neighbor's property. Doug Lindenfelser commented that he thought this should be treated as an individual situation, that garages are important. Ron Black stated that this particular lot was unique because of the ravine on it, also he did not think allowing the larger garage would detract from the neighborhood. Ron Black suggested to Mr. Bly that he consider getting a 15 ft. easement from his neighbor that would prevent any future building close to the lot line. This could be in the form of a drainage or utility easement. Dave Licht suggested that Mr. Bly get a verbal or written agreement with his neighbor at this time and not go to the expense of a legal document concerning the easement until after re -consideration of his variance application by the Planning Commission. Motion by Larry Fournier to refer the sideline setback variance application of John Bly back to the Otsego Planning Commission for re -consideration based on the proposed easement and any other factors relevant to the variance application. Seconded by Ron Black, all Council Members voted in favor of the motion. The proposed moratorium on Home Extended Businesses was discussed at this time. Dave Licht said the moratorium would not apply to businesses already in existence, only new applications, and would not apply to Home Occupation businesses. The Otsego Planning Commission has approved a 6 month moratorium. Motion by Floyd Roden to place a 6 month moratorium on new Home Extended Businesses. Seconded by Doug Lindenfelser, all Council Members voted in favor of the motion. hi.r nrnrInF4a1 to the Council of what STATE OF MN, COUNTY OF WRIGHT, CITY OF OTSEGO, CITY COUNCIL MEETING OF MARCH 11, 1991. Page 3 - he estimated it would cost for his firm to prepare for and represent the City of Otsego at any Hearings before the DNR concerning the City's petitin to the DNR requesting realignment of the Wild & Scenic River boundaries within the City of Otsego. The cost estimate he presented was $4,320.00 Motion by Floyd Roden to amend the request to the DNR to request removal of the Wild & Scenic River designation from Blocks 76, 77, and 78 of the Otsego Townsite (Instead of just Black 76 and part of Black 77) as an alternative to re- alignment of the Wild & Scenic River Area in all of the Ciyt of Otsego. Seconded by Ron Black, all Council Members voted in favor of the motion. Attorney Andy McArthur presented the final draft of the proposed Ordinance regulating the sale of intoxicating liquor and wine within the City of Otsego and reviewed the changes he has made in the original draft. In Section 2, Sub -division 4, Wine is defined as not to exceed 14% alcohol. In Section 3, Sub -division 1, license applicant also required to submit any dram shop summonses. In Section 3, Sub -division 2 (1) the minimum Surety Bond deposited with State Treasurer by the licensee shall be $1,500,000.00. In Section 4, Sub -division 2, Investigative fee shall be paid at the time of application for the license. In Section 5, Sub -division 2, Investigative fees and hearings should conform to State Statutes, and license has to be approved by the Commissioner of Public Safety. In Section 6, Licensee can not have more than one, liquor license in the City of Otsego. In Section 7, No license can be granted within 500 ft. of a church or school. In Section 8, Licensee is required to maintain Insurance as a requirement of holding the license. In Section 9, Sub -division 2, changed it to read persons 18 or over can sell or serve liquor (instead of 21 or over)to comply with State Statute. In Section 11, Sub -division 1, Notice of cancellation or lapse of Insurance or withdrawal of Security deposit shall also constitute a notice to the licensee of impending suspension of the license. In Section 13, this Ordinance becomes effective upon it's passage and publication. Motion by Ron Black to adopt the following Resoluation. Be it resolved that the City Council of the City of Otsego hereby adopts the Ordinance Licensing and Regulating the Sale and Consumption of Intoxicating Liquor and Wine with in the City of Otsego. Motion was seconded by Larry Fournier, all Council STATE OF MN, COUNTY OF WRIGHT, CITY OF OTSEGO, CITY COUNCIL MEETING OF MARCH 11, 1991. Page 4 Motion by Larry Fournier to adopt the Official Summary of the Intoxicating Liquor and Wine Ordinance for publication purposes. Seconded by Floyd Roden, all Council Members voted in favor of the motion. Motion by Floyd Roden to table consideration of the "Franchise Agreement With Utilities" at this time. Seconded by Doug Lindenfelser, all Council Members voted in favor of the motion. Gerard Zachman was present and said he was concerned about the easements for the proposed construction of Packard Ave. between 60th and 70th Streets. The easement form says limited easement and he was concerned whether this was a permanent easement or a construction easement. He also was concerned about crop damage and whether the Construction Co. would stay within the easements. The Council advised him that Engineer Larry Koshak was not present tonight but that any questions concerning the easements would need to be resolved before construction started. Another question Mr. Zachman had was the amount of black dirt spread back on the slopes. Floyd Roden advised him that the usual amount was 6 inches. Motion by Floyd Roden to adopt the following Resolution: Be it resolved that the City Council of the City of Otsego hereby adopts an Ordinance requiring certain Officers and Employees of the City of Otsego to furnish Bonds to the City of Otsego and fixing the amount thereof. Motion was seconded by Larry Fournier, all Council Members voted in favor of the motion. Floyd Roden reported that he had met John Lefebvre recently at Mr. Lefebvre's request to discuss reducing the assessment (for the construction of 85th St) on the four Lefebvre parcels by approximately $6,000.00 if the Lefebvre family did not require River Road to be stripped and black dirt spread back on as required in the original agreement. Ron Black said he would be willing to consider an addendum to the original agreement if it was in signed form by all involved parties. Steve Scharber, proposed developer of some of the Lefebvre land, was present at the Meeting and the Council advised him they would be willing to consider an addendum once the original Agreement to be Assessed was signed by all involved Lefebvre family members and returned to the City. Motion by Ron Black to advertise for bids on seal coating approximately 6 miles of City Streets. Seconded by Doug Lindenfelser, all Council Members voted in favor of the motion. Jerry Lenz was present at the meeting and asked the Council how many culverts there were under 60th St between Co. 37 and his farm. Gerard Zachman said that Frankfort A1ri he STATE OF MN, COUNTY OF WRIGHT, CITY OF OTSEGO, CITY COUNCIL MEETING OF MARCH 11, 1991. Page 5 does not agree with Mr. Raatikka that the water from Country View Acres development in Frankfort Township drains to the South but instead drains North toward his farm. He is also concerned that Willow Bend Developement will also drain toward his farm. He had Pete Schmidt, a tiling contractor, do some elevation shots for him and Mr. Schmidt agreed the water would run North. The Council advised him that because the Developements are in Frankfort Township, he should meet with the Frankfort Town Board and advise them of his concerns. Regarding Clean Up Day, Wright Co. will be accepting hazardous waste at the Public Works Building site on April 27, and City residents should be advised of this,as hazardous waste will not be accepted on Otsego's Clean Up day. The Council discussed what to charge on Clean Up Day and agreed to charge $6.00 each for large applianes, $15.00 each for mattresses and box springs, $5.00 each for large furniture items, and tires at the rate it will cost to dispose of them. Sanitation Hauler Gregg Knoll has requested that the driver be paid $10 per hour that day and the Council agreed to that. Elaine Beatty, on behalf of the Vision Committee asked for the Council's permission to use the City Hall basement for a garage sale in May. The Council gave their permission for the Vision Committee to use the basement. Motion by Larry Fournier to send a notice to Darkenwald's concerning 2 mobile homes illegally parked in the used car lot on their property. Seconded by Floyd Roden, all Council Members voted in favor of the motion. Larry Fournier said he had met with Dave Chase concerning water problems along 87th St. The ditches will need cleaning in that area. The Council approved a joint meeting with the Elk River School Board on March 19 at 7:30 PM in the School Office Building. The Wright Co. Assn. of Mayors has invited the City of Otsego to join their Assn. Dues are $100.00 per year. Motion by Ron Black to join the Wright Co. Assn. of Mayors. Seconded by Larry Fournier, all Council Members voted in favor of the motion. Motion by Douglas Lindenfelser to approve renewal of the Life Insurance Coverage with the Minnesota Protective Life Ins. Co. for Norman Freske, Floyd Roden, Doug Lindenfelser, James Barthel and Jerome Perrault. Seconded by Ron Black, all Council Members voted in favor of the Motion. Floyd Roden reported to the Council that he and David Chase had met with a representative of Boyer Ford Co. to discuss the purchase or lease of a new truck. He offered to assist the City in preparing spec sheets for bidding purposes on a new truck. - A • 1-1,F. city Council STATE OF MN, COUNTY OF WRIGHT, CITY OF OTSEGO, CITY COUNCIL MEETING OF MARCH 11, 1991. Page 6 verified accounts Nos. 183 to 244 inclusive. On Motion the meeting adjourned. , Norman F. Freske, Mayor glas Lindenfelser, Council , Floyd Roden, Council , Larry Fournier, Council , Ron Black, Council Attest: Jerome Perrault, Clerk JP/jeh