09-09-1991 City Council MinutesSTATE OF MN
COUNTY OF WRIGHT
CITY OF OTSEGO
Larry Fournier and Ron
The City Council of the City of
Otsego met this 9 day of Sept., 1991
at 7:30 PM. Norman Freske, Mayor,
Doug Lindenfelser, Floyd Roden,
Black,
Perrault, Clerk, James N. Bart
Deputy Clerk, Judy Hudson, Sec
Attorney, David Licht, Planner
were present.
The meeting was called
Motion by Ron Black to ap
Special Council Meeting held Aug 20
Lindenfelser, all Council Members v
motion.
Motion by Doug Lindenfels
the Public Hearing on Nashua A
Meeting and held Aug. 19, 1991
Council Members voted in favor
Motion by Larry Fournier
Aug. 26, 1991, Council Meeting
Council Members voted in favor
Dave Plude appeared befor
request to re -zone and sub -div
Range 23, on the South side of
he has met all the requirement
lots in that he has filed a re
utility and drainage easements
lines, and has shown a dedicat
Mr. Licht said he is recommend
lots.
Motion by Floyd Roden to approve re -zoning from Ag to R-
1, Dave Plude's 7 acre lot in Sec. 16, Range 23. Seconded by
Ron Black, all Council Members voted in favor of the motion.
Motion by Larry Fournier to approve sub -dividing Dave
Plude's 7 acre lot into 2 lots contingent upon meeting all
the conditions as outlined in David Licht's report. Seconded
by Ron Black, all Council Members voted in favor of the
motion.
Frank Polejewski, who lives at 10317 Parrish Ave.(Co 42)
appeared before the Council to request that he and his 2
next door neighbors be permitted to move their mail boxes
from the east side to the West side of Parrish Ave. They re
all disabled and it is difficult for them to cross Parrish
Ave to get their mail. The side walk on the West side of
Parrish Ave makes it difficult to position the mail boxes.
The council suggested the 3 boxes could be clustered and a
hole made in the side walk for the post.
Motion by Floyd Roden to approve moving the mail boxes
of Mr. Polejewski and his 2 neighbors from the East to the
West side of Parrish Ave. and to notify Wright Co. of this
action. Seconded by Ron Black, all council Members voted in
favor of the motion.
Larry Koshak suggested contacting the Elk River Post
Master for advice on how to position the mail boxes.
Council Members, Jerome
hel, Treasurer, Elaine Beatty,
retary, Bill Radzwill,
, and Larry Koshak, Engineer
to order by Mayor Norman Freske.
prove the Minutes of the
, 1991. Seconded by Doug
oted in favor of the
er to approve the Minutes of
ve. followed by a Budget
. Seconded by Floyd Roden, all
of the motion.
to approve the Minutes of the
• Seconded by Ron Black, all
of the motion.
e the Council in regard to his
ide his 7 acre lot in Sec. 16,
Co. 39. David Licht said that
s for a sub -division into 2
-zoning request, has shown
along all side and rear lot
ed 50 ft easement for Co. 39.
ing a shared driveway for the 2
CITY COUNCIL, 9-9-91, PAGE 2
David Licht addressed the Council concerning the
Riverwood Conference Center expansion plans. He has filed a
report with the Council listing his recommendations for each
of the expansion plans. He is recommending a Planned Unit
Development Zoning District for the Riverwood Conference
Center and said the DNR has advised him that Wild and Scenic
River regulations take precedent in that part of the
Conference Center located within the Wild & Scenic River
boundaries. None of the Conference Center buildings are in
that area. He is recommending that the City have
jurisdiction over the 33 ft. driveway easement for the 11
acre parcel that was formerly residential and to label it a
private drive. All utilities should be underground and all
loading areas should be identified and labeled. The main
Conference Center driveway which is located just West of the
Co. 39 - Co. 19 intersection, should be kept free of
obstructions as it approaches CO. 39 for safety reasons. The
Conference Center was originally approved as a "Resort -
Conference Center" by Wright CO.
The Pecos River Course has been approved by the Planning
Commission with hours of operation limited to 11:00 AM to
4:00 PM. None of the apparatus should be over 40 ft. high,
earth tone in color, screened from neighboring property
owners and not visible from the river. If 10 complaints are
received, the Council can call a Hearing to evaluate the
permit.
Regarding the Bluff House expansion which will add 18
rooms, the Planning Commission has approved the expansion.
The footings for this expansion are already in place.
Use of the dwelling and garage on the 11 acre parcel by
the Conference Center has been approved by the Planning
Commission.
Motion by Larry Fournier to approve the Planned Unit
Development Zoning District for the Riverwood Conference
Center. Seconded by Doug Lindenfelser, all Council Members
voted in favor of the Motion.
Motion by Ron Black to combine the 7 individual parcels
of the Riverwood Conference Center into one parcel under the
Planned Unit Development District. Seconded by Larry
Fournier, all Council Members voted in favor of the motion.
Motion by Larry Fournier to leave the driveway access to
the 11 acre parcel as a private driveway for residential use
only and not be part of the Riverwood Conference Center: and
the Riverwood Conference Center to access all it's parcels
from it's main driveway. Seconded by Ron Black, all Council
Members voted in favor of the motion.
Ron Black suggested that Riverwood Conference Center
boundaries be identified so that clients will know where
Riverwood is.
Norman Freske suggested that Riverwood discourage it's
clients from hiking and jogging on the streets in Island View
Estates as this has been a source of complaints in the past.
CITY COUNCIL, 9-9-91, PAGE 3
Motion by Ron Black that boundary markers be placed to
identify Riverwood Conference Center Property. Seconded
by Doug Lindenfelser, all Council Members voted in favor of
the motion.
Floyd Roden brought up the location of Riverwood's main
driveway as being too close to the Co. 39 - Co. 19
intersection. David Licht said this could be addressed in
the future if it becomes a hazard.
Motion by Floyd Roden that the Riverwood main driveway
be improved or changed if requested by either the City or
County. Seconded by Larry Fournier, all Council Members
voted in favor of the motion.
Larry Koshak said this could be addressed as an
engineering problem with possibly turn lanes and or a service
road.
Motion by Larry Fournier to approve all the remaining
Planning Commission and Planner recommendations on the site
plan as to parking spaces, all under ground utilities,
drainage easements on site wetlands, City Engineer approved
site drainage storage addition to lounge building be
architecturally compatible to the attached structure, closed
container for trash storage, exterior lighting deflected away
from public streets and neighbors, and identified on-site
loading areas.
Motion was seconded by Doug Lindenfelser, all Council
Members voted in favor of the motion.
Motion by Ron Black to incorporate the 11 acre parcel
into the Planned Unit Development. Seconded by Larry
Fournier, all Council Members voted in favor of the motion.
Motion by Doug Lindenfelser that the garage on the 11
acre parcel be approved for use as a maintenance building by
the Conference Center. Seconded by Ron Black, all Council
Members voted in favor of the motion.
Regarding the house on the 11 acre parcel, Ron Black
emphasized that approval of the use of the house as a care
taker residence or storage building by the Conference Center
does not include use of the driveway access to the 11 acre
parcel.
Motion by Ron Black to approve the use of the house on
the 11 acre parcel as a caretaker residence or storage
building. Seconded by Floyd Roden, all Council Members voted
in favor of the motion.
Regarding the Bluff House expansion, Doug Lindenfelser
asked if a permit had been applied for and Elaine Beatty
advised him that it had not been applied for as yet.
Motion by Ron Black to approve expansion of the bluff
House by 18 rooms. Seconded by Larry Fournier, all Council
Members voted in favor of the motion.
Regarding the Pecos River Course, the Planner and the
Planning Commission have outlined 12 conditions to be met:
1. All outdoor events are to occur between the hours
of 11:00 AM and 4:00 PM.
CITY COUNCIL, 9-9-91, PAGE 4
2. Weather permitting, a specific day or days of the
week shall be designated for various course events.
Neighboring property owners within 350 feet of River -
wood shall be advised of these dates and any changes.
3. No Pecos River apparatus shall exceed 40 ft. in
height.
4. No event apparatus shall lie less than 100 ft.
from adjacent property lines.
5. All event apparatus shall be adequately screened from
view of neighboring residences via vegetation, and or
fencing or a combination of both. In addition all
equipment and structures should be earth tone in
color, with the exception of the poles, and the
equipment and activity area should not be visible
from the river with the exception of the poles.
6. Event apparatus must be disassembled by 30 days
following use termination.
7. Noise generated by the Pecos River Course shall not
exceed levels which constitute a nuisance as
described by Ordinance.
8. All events must be accessible by emergency vehicles.
9. All event apparatus are subject to approval by the
Building Inspector to ensure their safety.
10. The Zoning Administrator, after receiving 10
complaints in writing, shall schedule a Hearing and
notify the Council.
11. Detailed specific site and building plans should be
provided before final approval, including location
and apparatus.
12. Pecos River activities are to be allowed on a trial
basis to be evaluated by Jan 1, 1993.
Motion by Ron Black that the City retain the authority
to set the dates and times of the operation of Pecos River.
Seconded by Larry Fournier, all Council Members voted in
favor of the motion.
The Planning Commission has recommended after 10
complaints about noise are received, the Council should hold
a Hearing on the permit. (Item 10)
Motion by Ron Black to delete this provision during the
trial period. Seconded by Doug Lindenfelser.
Larry Fournier thought it should be left in. Floyd
Roden suggested keeping a record of any and all complaints
during the trial period for evaluation.
Bill Radzwill commented that even one legitimate
complaint should be considered.
Ron Black said he had received many comments on
Riverwood and most were concerned about noise levels. He
said he also checked on Saturday evening after receiving a
complaint about noise and he found it not to be that severe,
that a neighborhood dog barking drowned out the noise and
also the traffic on Co. 39 drowned out the noise. Floyd
Roden said he also checked the same Saturday evening and had
CITY COUNCIL, 9-9-91, PAGE 5
Similar results.
Norman Freske said the Sheriff's Dept. has not received
any complaints about Riverwood. All Council Members voted in
favor of the motion.
Ron Black said he was concerned about the Building
Inspector ensuring the safety of the operation and that the
City should not be involved in the safety aspect. He thought
the Building Inspector should only be involved in inspecting
the equipment and apparatus.
Motion by Ron Black that Item 9 should read all
equipment and apparatus subject to approval by the Building
Inspector. Seconded by Larry Fournier, all Council Members
voted in favor of the motion.
Motion by Ron Black to approve Items 3, 4, 5, 6, 7, 8,
11 and 12 concerning Pecos River. Seconded by Larry
Fournier, all Council Members voted in favor of the motion.
On the issue of the Riverwood Restaurant being open to
the public, the Planning Commission has denied this request.
Ron Black asked why this was denied. David Licht
commented that the Planning Commission did not consider it as
part of Conference Center business to have the restaurant
open to the Public.
Ron Black said he did not see any problem with being
able to call and make dinner reservations. He also said one
the major concerns he has heard about the restaurant being
open to the Public is increased traffic and he himself did
not see that as a problem being open on a reservation only
basis.
Norman Freske said he had received many letters favoring
the restaurant being open to the Public.
Larry Fournier said that he acknowledged that Riverwood
is doing an excellent job as a Conference Center but this is
a different matter. The Comprehensive Plan does not
acknowledge a Public Restaurant in this particular area.
Ron Black said the Planned Unit Development Zoning has
been approved for Riverwood and use as a Public Restaurant is
allowed by this.
Doug Lindenfelser commented that the Conference Center
is there and he could see no problem with the restaurant
being open to the Public.
Norman Freske said that perhaps it should be open on a
trial basis first.
Motion by Ron Black to permit the Riverwood Restaurant
to be open to the Public by reservation only for a trial
period until January 1, 1993. Motion was seconded by Doug
Lindenfelser. Norman Freske, Doug Lindenfelser, Floyd Roden
and Ron Black voted in favor of the motion, Larry Fournier
voted no. The motion passed.
Kathy Roberts, who works for the Wright Co. Humane
Society, was present and said she was concerned because
Otsego does not have a Dog Warden at this time. Norman
Freske explained to her that the Wright Co. Sheriff's Dept
Ls enforcing our Dog Ordinance. We did have a Dog Warden
COUNCIL, 9-9-91, PAGE 6
hired but she failed to appear to sign a Contract with the
City and negotiations with 2 other people have not been
successful. The Council advised her they had to discontinue
an agreement with Riverview Kennels to hold and board dogs
because too many complaints were received from the nearby
residential area about barking dogs.
• Continued on CC-9991.DOC
CONTINUED FROM 81291
CITY COUNCIL 9-9-91 PAGE 7
Pam Roden was present and said she was concerned about
speeding on CO. 19, especially at the time when children are
out on the roadside to be picked up by the school buses. She
said the speed limit is 55 but a lot of drivers exceed that.
Floyd Roden suggested having the Deputy Sheriff patrol this
road more often.
Motion by Larry Fournier to send a letter to the Wright
Co. Sheriff Dept. requesting them to patrol Co. 19,
especially during morning and afternoon rush hours. Seconded
by Doug Lindenfelser, all Council Members voted in favor of
the motion.
Larry Koshak appeared before the Council and recommended
that the Council hire a Certified Appraiser at this time for
the Nashua Ave. Project right-of-way easement acquisition.
He recommended that they hire Malcolm Watson.
Motion by Ron Black to hire Malcolm Watson for right-of-
way appraisals on Nashua Ave. Seconded by Floyd Roden, all
Council Members voted in favor of the motion.
Larry Koshak also informed the Council that the Braun
CO. will do the soil testing for the Nashua Ave. project. He
also said that the Packard Ave. construction project has
progressed to the point where he is recommending Partial
Payment No. 1 to Buffalo Bituminous in the amount of
$19,646.00.
Motion by Larry Fournier to approve Partial Payment No.
1 in the amount of $19,646.00 to Buffalo Bituminous for the
Packard Ave. Project. Seconded by Doug Lindenfelser, all
Council Members voted in favor of the motion.
Larry Koshak also recommended having the Assessment
Hearing on the Packard Ave. Project.
Motion by Ron Black to have the Assessment Hearing on
the Packard Ave. on Oct. 14, 1991, at 7:00 PM. Seconded by
Larry Fournier, all Council Members voted in favor of the
motion.
Motion by Larry Fournier to set the interest rate on
assessments at 2% above the Bond Interest Rate. Seconded by
Ron Black, all Council Members voted in favor of the motion.
Regarding the 30 inch culvert under Packard Ave.,
Larry Koshak said that he recommended cement instead of steel
because it would last longer. The newer style cement
culverts are now jointed and hold together better. MSA does
not permit steel culverts in their projects. Doug
Lindenfelser asked if cement culverts are guaranteed not to
separate. Larry said they are not guaranteed to separate but
the new style culverts hold together much better and also a
cement culvert has greater flow capacity than a steel culvert
of the same size. Larry also said the DNR was out today
checking elevations and we should know within a week what the
elevation of the 30 inch culvert should be. Norman Freske
:asked what the cost of a new .30" cement culvert would he.
CITY COUNCIL 9-9-91, PAGE 8
Larry said it would be about $6,000, a steel culvert is about
$20.00 a foot less. The Council suggested waiting for the DNR
recommendations on the elevation of the culvert before
deciding whether to replace the culvert or leave the old
culvert in place.
Regarding the Bajari excavation pit, Larry Koshak has
prepared a letter to send to Robert Kozel, Project Engineer
on the Test Facility Project, recommending that they withhold
final payment to Park Construction until Mr. Bajari signs a
release form to the effect that the pit restoration work has
been satisfactorily completed.
Motion by Floyd Roden to send a letter to Project
Engineer Robert Kozel recommending that the conditions as
outlined by Larry Koshak be met and request their support in
this matter. Seconded by Larry Fournier, all Council Members
voted in favor of the motion.
Bill Radzwill suggested the Council request Bob
McEachern and Betty Adkins set up a meeting, preferably at
the City Hall, with the MnDOt Highway Commissioners in charge
of the Test Facility Project to discuss Jalger Ave. and
damage to City streets during construction of that project.
Bill Radzwill then discussed setting up Rural and Urban
taxing districts. He has prepared a preliminary Ordinance to
set up an Urban Service Taxing District and Rural Service
Taxing District. David Licht commented that we have to set
up the Districts according to a rationale that is defendable.
One concern he had is platted land within an Agricultural
Area that should be treated differently than farm land. Bill
Radzwill suggested making the differences slight at this time
and amending the Ordinance in the future when the difference
in services is greater.
David Licht discussed the Nielson case in Island View
Estates. He owns Lots 10 & 11 is Island View, one of which
was declared unbuildable because it was 400 to 500 sq. ft.
less than an acre. The County had advised him to combine the
2 into 1 buildable lot.
He had come in with a request to reduce the size of each
lot and make them both buildable. Mr. Licht said he was
considering this until he found out one lot had a large
ravine in it and was not buildable anyway. Mr. Nielsen did
not give him all the information in the first place and
wasted everybody's time. He recommended inspecting the rest
of the vacant lots in Island View Estates so as to be aware
of any problems when building permits are applied for.
Wright -Hennepin Electric has applied for a permit to
push a cable under 80th Street to provide electric service to
the Randy Korpela residence.
Motion by Doug Lindenfelser to approve a permit for
Wright -Hennepin Electric to push an electric cable under 80th
Street. Seconded by Larry Fournier, all Council Members
voted in favor of the motion.
CITY COUNCIL, 9-9-91 PACE 9
Motion by Ron Black to have a Special Council Meeting on
Thursday, September 19, 1991, at 7:00 PM to interview
Building Inspector applicants. 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. 724 to
inclusive.
On motion the meeting adjourned.
, NORMAN F. FRESKE, MAYOR
UCLAS LINDENFELSER, COUNCIL
LOYD RODEN, COUNCIL
, LARRY FOURNIER, COUNCIL
, RON BLACK, COUNCIL
ATTEST: Jerome Perrault, Clerk
JP/jeh