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08-12-1991 City Council MinutesSTATE OF MINNESOTA The City Council of the City of COUNTY OF WRIGHT Otsego met this 12th day of CITY OF OTSEGO August, 1991 at 7:30 PM. Norman F Freske, Mayor, Douglas Lindenfelser, Floyd Roden, Larry Fournier, and Ron Black, Council Members, Jerome Perrault, Clerk, Elaine Beatty, Deputy Clerk, Judy Hudson, Secretary, Bill Radzwill, Attorney, and Larry Koshak, Engineer were present. The meeting was called to order by Mayor Norman F Freske. Motion by Floyd Roden to approve the minutes of the July 22, 1991 Council Meeting. Seconded by Larry Fournier, all Council Members voted in favor of the motion. Ron Black suggested appointing a sub -committee to meet with Pam Novotony to discuss the Dog Catcher position and report back to the Council. Floyd Roden and Douglas Lindenfelser volunteered to serve on the committee. Jacquie Rognli was present and said the Vision Committee will have a tent set up at the Great River Road Fest with material and Historical information about Otsego and will have the calendars on sale. She is requesting volunteers to work in the Vision Committee tent. Arlyn Bajari was present and said that the excavation work has been completed but the restoration work is yet to be done and the Mining Permit obtained by Park Construction has expired. Larry Koshak recommended renewal of the Permit at a permit fee of $.05 per cubic yard in excess of the 120,000 cubic yards called for in the original permit. The restoration work also will need to be inspected. Motion by Larry Fournier to grant Park Construction a one year extension of the Mining Permit on Arlyn Bajari's property. Seconded by Ron Black, all Council Members voted in favor of the motion. Mr. Bajari also said he is considering requesting a driveway access off of 70TH ST after it is completed as it would be a lot shorter than his current driveway off of Kadler Avenue which is over 1100 feet long. Larry Koshak said this could be looked at in the future to see if it is feasible. Micci and Don Felber appeared before the Council regarding their lot in Island View Estates that they are preserving as a Wild Life Habitat. Mrs Felber showed the Council pictures of her lot to illustrate what they were trying to achieve. She said their lot is a certified Wild Lift Habitat which means they must provide fresh and cover for wild life. Doug Lindenfelser commented that one concern he had was the fire hazard in late fall and early spring when the tall grass would be -dead. Mrs Felber said they could consider mowing around the house. One neighbor said he would prefer a neighbor hood with mowed lawns although he did acknowledge that the Felbers are working hard to achieve their goal. water STATE OF MINNESOTA, COUNTY OF WRIGHT, CITY OF OTSEGO, CITY COUNCIL MEETING OF AUGUST 12, 1991, 7:30. Page 2 Mrs. Felber said she would be willing to obtain a permit from the City to have the Wildlife Habitat. Bill Radzwill commented that a permit system would give the City control over how it is managed and cared for. Ron Black said that he would like to see the tall grass away from the buildings, other than that the Felbers have done well in one year's time in getting the habitat established. He said the City needs to be more concerned with junky lots and lots that are a health hazard. Sandra Michaelson said that she lives in Island View Estates also and finds the Felber lot acceptable. Motion by Floyd Roden to table consideration of the permit for Felbers Wildlife Habitat at this time. Seconded by Larry Fournier, all Council Members voted in favor of the motion. Sandra Michaelson complained about the dogs barking at Larry Corson's kennel on Kadler Ave. Mr. Corson has told her that the dogs that were barking are dogs that he is holding for the City of Otsego in an outdoor kennel. The neighbor across the street from Mr. Corson complained that the dogs were barking even before Mr. Corson started holding dogs for Otsego. Motion by Doug Lindenfelser to send a notice to Larry Corson that complaints have been received about dogs barking at his kennel. Seconded by Larry Fournier, all Council Members voted in favor of the motion. Motion by Ron Black to send a letter to the Wright Co. Sheriffs Dept. requesting that they enforce the City of Otsego Dog Ordinance. Motion seconded by Larry Fournier, all Council Members voted in favor of the motion. Reggie Reznicek appeared before the Council to request an amendment to his permit to build a 28'X30' detached garage approved on July 16, 1990. He now wishes to build a 28'X36' garage which was his original intentions but made a mistake when applying for the permit. Motion by Doug Lindenfelser to approve an amended permit for Reggie Reznicek to build a 28'X36' detached garage instead of a 28'X30' detached garage approved on July 16, 1990. Seconded by Ron Black. Motion by Ron Black to amend the previous motion to put a 6 month time limit on the permit. Seconded by Doug Lindenfelser. Larry Fournier commented that he thought this matter should have been a variance request before the Planning Commission. Ron Black said the original permit had been approved by the Planning Commission and the application was made prior to the 1500 sq ft. moratorium on accessory buildings so he did not feel it was necessary to appear before the Planning Commission again. Ron Black. Floud Roden and Douzlr_is Lindenf.o.lser VOLed Ln STATE OF MN, COUNTY OF WRIGHT, CITY OF OTSEGO, CITY COUNCIL MEETING OF AUGUST 12, 1991 at 7:30 PM. Page 3 favor of the motions. Norman Freske and Larry Fournier voted against the motion. Motion by Floyd Roden to table considerations of the Nuisance Ordinance at this time. Seconded by Larry Fournier all Council Members voted in favor of the motion. Motion by Ron Black to adopt the following Resolution: Be it resolved that the City Council of the City of Otsego hereby adopts a Solid Waste Ordinance this 12 day of August, 1991. The motion was seconded by Larry Fournier. Larry Fournier asked Bill Radzwill if we would need a fee schedule and Bill advised him that we would need to set a fee :hedule. All Council Members voted in favor of the motion. Bill Radzwill advised the Council that the fee should be reasonable as we want to encourage waste material being picked up. Motion by Floyd Roden to charge a permit fee of $25.00 per year for Garbage Collectors to operate within the City of Otsego effective January 1, 1992. Motion seconded by Larry Fournier, all Council members voted in favor of the motion. Motion by Ron Black to set the Garbage Collectors bond at $10,000. Seconded by Larry Fournier, all Council Members voted in favor of the motion. Bill Radzwill recommended to the Council that they hire Malcolm Watson, a Certified Appraiser and Engineer to represent the City of Otsego at the trial concerning the Halls Pond Storm Drain Assessments. He has agreed to do so for a fee not to exceed $2,000.00 plus Court appearances at $300.00 per day. Motion by Ron Black to enter into an agreement with Malcolm Watson to represent the City of Otsego as a Certified Appraiser at the Court Action entitled Babineau etal versus the Town of Otsego and in preparation for said trial for a fee not to exceed $2,000.00, not including Court appearances at $300.00 per day. Motion was seconded by Doug Lindenfelser, all Council Members voted in favor of the motion. Motion by Ron Black to enter into the Shoreland Management Agreement with the DNR. Motion was seconded by Larry Fournier, all Council Members voted in favor of the motion. Larry Koshak brought up for discussion the street assessment policy. Pete Raatikka, Engineer for Frankfort Township, presented a policy statement of Frankfort Township wherein they have established a Road User Fee. They are going to collect Road User Fees on all newly created parcels of land in the Township with the fees to be used to help construct bituminous streets in the Township. Bill Radzwill askod what Statutes the Road User Fee was authori 7Pd STATE OF MN, COUNTY OF WRIGHT, CITY OF OTSEGO, CITY COUNCIL MEETING OF AUGUST 12, 1991, 7:30 PM. Page 4 Pete Raatikka replied that he did not know. Larry Koshak advised the Council that the Packard Ave. Construction project had been started. Doug Lindenfelser asked what size the main culvert under Packard Ave. was and Larry replied that it was 30 inches. Doug said that Jim Lefebvre was concerned because he has farm land that will be affected drainage wise. Larry Koshak said that drainage and a culvert depth will be affected by DNR regulations on wetlands in the area. Motion by Larry Fournier to have Larry Koshak contact the DNR regarding the DNR set water level on Lindenfelser's Pond. Seconded by Floyd Roden, all Council Members voted in favor of the motion. Motion by Doug Lindenfelser to send a letter to the Wright Co. Highway Dept advised them that complaints have been received about water drainage along Co. 42, namely the Richard Lefebvre and Vernon Kolles farms. Seconded by Ron Black, all Council Members voted in favor of the motion. Larry Koshak presented the Council with the feasibility study on the proposed street improvements of Nashua Ave from Co 39 to 83rd St. and 85th St. from Nashua Ave 750 ft East. The 750' section of 85th St will be a curb & gutter design 44' wide from curb to curb. Nashua Ave will have an 80 ft right-of-way with a 36' wide subgrade, a 24' wide bituminous top with a 6' shoulder on each side and constructed to a 9 ton design. The estimated cost of the project is a follows: Grading $82,250.00 Aggregate base 68,500.00 Drainage 18,875.00 Bituminous surfacing 89,700.00 Concrete curb and gutter10,500.00 Restoration (seeding, sod, pole relocation) 15,775.00 Estimated Const Cost $285,600.00 Overhead Cost 71,400.00 Right-of-way acquisition18,650.00 TOTAL PROJECT COST $375,650.00 Another option to consider is a storm sewer along 85th St. which would cost as follows: Storm sewer (25% MSA eligible)..$43,750.00 Catch basins (100; MSA eligible) 5,800.00 $49,550.00 Residents on that part of Nashua Ave. bein abandond STATE OF MN, COUNTY OF WRIGHT, CITY OF OTSEGO, CITY COUNCIL MEETING OF AUGUST 12, 1991, 7:30 PM. Page 5 when Nashua Ave is straightened in its' alignment with Co. 39 will need an access to the new portion of Nashua Ave. In the feasibility study, Mr. Koshak is proposing 3 options to achieve this. Option 1 would be to Cul-de-sac old Nashua Ave. at the Northern most residence and follow old Nashua Ave. South to intersect new Nashua Ave. The estimated cost of this option would be $10,625.00 for a gravel surfaced road. Option 2 would be to cul-de-sac old Nashua Ave at the most Southerly residence, follow old Nashua Ave. North to the most Northerly residence and then build a new segment of road straight East to intersect new Nashua Ave. which would require additional purchase of right-of-way. The estimated cost of this Option would be $16,125.00 for a gravel surfaced road. Option 3 would be to construct straight East-West drive- ways from each of the 3 residences to the new Nashua Ave which would require the purchase of additional right-of-way. The cost of this option would be about $41,000.00. CONTINUED FROM CC-61091.DOC STATE MN, COUNTY OF WRIGHT, CITY OF OTSEGO, CITY COUNCIL MEETING OF AUGUST 12, 1991, 7:30 PM. Page 6 The Council advised Mr. Koshak to eliminated Option 3 and present Option 1 and Option 2 at the public Hearing on August 19, 1991, for the residents to consider. Mr. Koshak is proposing an assessment of $2,500.00 per unit within estimated annual cost per unit of $389.67. Motion by Ron Black to accept the Feasibility Study for the proposed street improvements of Nashua Ave. from Co. 39 to 83rd St. and 85th St. from Nashua Ave. East 750'. Motion seconded by Doug Lindenfelser, all Council Members voted in favor of the motion. Motion by Ron Black to approve the Summary of the Planned Unit Development Ordinance for publication purposes. Seconded by Doug Lindenfelser, all Council Members voted in favor of the motion. Five people have applied for the 2 additional positions on the Parks Board, Tom Constant, Andy Beecher, Richard Savitski, Elmer Martel and Rose Cassidy. The Council voted by ballot on the candidates, one to be chosen for a 4 year term, and one for a 3 year term. Tom Constant received 5 votes for the 4 year term, Andy Beecher received 3 votes for the 3 year term, Richard Savitski received 2 votes for the 3 year term. Tom Constant and Andy Beecher were choose for the 2 positions with Richard Savitski to be the first candidate if a vacancy occurs. Motion by Larry Fournier to approve a One Day Beer License for the Albertville Lions at the Otsego Great River Road Fest. Motion by Ron Black not to provide snow removal service on private driveways. Seconded by Larry Fournier. Douglas Lindenfelser said he was concerned about hardship cases. Ron Black commented that he had no problem with plowing driveways if adequate turn around space was provided and there was also the questions of Liability Insurance coverage. All Council Members voted against the motion. Motion by Ron Black to provide snow removal service for private driveways providing adequate turn around space is available and contingent upon being covered by the City Liability Insurance. Seconded by Doug Lindenfelser, all Council Members voted in favor of the motion. Ron Black suggested a higher rate for night time plowing. Doug Lindenfelser said he had problems with that because some times Dave Chase plows driveways at night while going by on the main road rather than make a special trip back. Motion by Doug Lindenfelser to charge $30.00 per time for plowing driveways. Seconded by Larry Fournier. Doug Lindenfelser, Norman Freske, and Larry Fournier voted in favor of the motion. Ron Black and Floyd Roden were opposed. THE STATE OF MN, COUNTY OF WRIGHT, CITY OF OTSEGO, CITY COUNCIL MEETING OF AUGUST 12, 1991, 7:30 PM. Page 7 motion carried. Proceeding as a board of audit, the City Council audited and allowed verified accounts Nos. 633 to 699 inclusive, On motion the meeting adjourned. , Norman F. Freske, Mayor ouglas Lindenfelser, Council Floyd Roden, Council , Larry Fournier, Council , Ron Black, Council Attest: Jerome Perrault, Clerk jeh