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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