Loading...
09-23-1991 City Council MinutesSTATE OF MINNESOTA The City Council of;the City of COUNTY OF WRIGHT Otsego met this 23rd day of CITY OF OTSEGO September, 1991 at 7:30PM. Norman F 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 F Freske. Motion by Doug Lindenfelser to approve the Minutes of the September 9, 1991, City Council Meeting. Seconded by Ron Black, all Council Members voted in favor of the motion. Dave Sheppard appeared before the Council to inquire if he could place a mobile home on the John Lefebvre farm as a farm accessory. He will be working on the LeFebvre farm. The Council advised him to submit his application to the Otsego Planning Commission. Elaine Beatty said that in order to qualify for a farm accessory mobile home permit, he would need to be employed full time on the farm. Planner Dave Licht advised the Council that the Comprehensive Plan is about ready for approval with two issues still in question, how to address the Co 42 access to Highway 101 and whether to allow billboards and off-premise advertising in Otsego. The Otsego Planning Commission has issued a statement that billboards and off premise advertising signs are to be prohibited in Otsego and specifically in the areas bordering in Otsego and specifically in the areas bordering Hwy 101 and 1-94. In view of this, he has put a Section in the Comprehensive Plan which reads (on Page 40, item 7): "Signing in Industrial AReas shall facilitate ready business identification. Said signing shall be limited and not included advertising." Keith Franklin, of the Franklin Sign Co was present regarding the sign policy in the Comprehensive Plan. He would like to see this changed to allow signs under regulations. James Kleinke said Otsego is a bedroom community and advertising signs keep the people aware of what is available for their shopping needs. He stressed St. Cloud as a growing community which permits outdoor advertising signs. He also said the Franklin Sign Co has donated space to the Boy Scouts and for anti-drug messages. They also do not advertise any tobacco products. The Hwy 101 corridor is important for advertising because of all the traffic and he urged the Council to re-consider the ban on outdoor advertising signs in the Otsego Industrial Areas and instead adopt regulations to control it. Dave Licht siad the Item 7, Page 40, in the Comprehensive Plan reflected the opinion of the Planning Commission that they do not want billboard advertising in the City of Otsego. The Council does have the option to change CITY OF OTSEGO COUNCIL MEETING OF SEPTEMBER 23, 1991 AT 7:30PM - PAGE 2 - this. Mr Licht recommended that the sign companies and other interested people be advised when this matter will be discussed at a Planning Commission Meeting so they can be present to state their case. Motion by Larry Fournier to leave Item 7, Page 40, in the Comprehensive Plan in it's present form as reflected by the Planning Commission's intent. The motion was seconded by Ron Black. Ron Black added that he thought the sign companies and others should be given a chance to appear before the Planning Commission to present their case. Dave Licht said the Comprehensive Plan is not set in concrete, it can be amended in the future. Doug Lindenfelser asked what the Planning Commission's reasoning was. Larry Fournier said it was because Otsego would have the billboards and the billboards would be advertising businesses elsewhere. Clem Darkenwald said his business on Hwy 101 desperately needs an advertising sign and hopes the Council will consider that. Floyd Roden said he also thought a meeting should be set up by the Planning Commission at which the sign companies could present their case. Ron Black, Larry Fournier, Floyd Roden and Norman F Freske voted in favor of the motion. Doug Lindenfelser voted no Dave Licht also stated he needs further direction to the County 42 access to Hwy 101 in the Comprehensive Plan. Wally O'Dell, who works for Darkenwalds, addressed the meeting concerning the Co 42 access. Concerning Commerical Development along Hwy 101, he said MN/DOT does not have a 20 year plan for Highway 101, including a grade separation at Co 42. He further stated that any reference to a grade separation at Co 42 should not be in the plan as this would do severe damage to the Darkenwalds (principle property owners at that intersection) if left in. Once it is in the plan, it would be difficult to amend it. Doug Lindenfelser asked what items the Darkenwalds are concerned with? Mr O'Dell said any reference to the possibility of the Co 42 access being closed. Larry Fournier said it should be stressed that all accesses to Hwy 101 are needed and should be kept open. Ron Black stated, as he has before, that all references to changes in the Co 42 access should be deleted from the Comprehensive Plan, that any reference to the possible closing of the access could cause it to happen. Norman F Freske said the Council could be accused of not looking ahead if the reference to the possible closing of the Co 42 access is left out and then it should happen in the future. Larry Fournier asked Dave Licht for his comments on the Co 42 access. Dave said the reference to the possible closing of Co 42 access was not to restrict comercial CITY OF OTSEGO COUNCIL MEETING MINUTES OF SEPT 23, 1991 AT 7:3OPM - PAGE 3 - development, but the type of commercial development. Any business that is highly dependent on Hwy 101 should be discouraged from locating in that area. Bill Radzwill commented that he thought it should be in the Comprehensive Plan that this was discussed so that the Council could not be accused of deception. Wally O'Dell said if the reference is left in, then the letter from Mn/DOT saying they had no plans for freeway status for Hwy 101 should also be included. Ron Black said he thinks the only reference in the Comprehensive Plan should be that if Hwy 101 is raised to a freeway status in the future, all accesses will be reviewed. Motion by Ron Black that the only reference to Hwy 101 access in the Comprehensive Plan should be that if and when Hwy 101 is raised to a freeway status, all accesses to Hwy 101 will be reviewed. The motion was seconded by Larry Fournier, all Council Members voted in favor of the motion. Dave Light informed the Council that he has prepared an amendment to the Comprehensive Plan in the form of a third paragraph - Planning District No. 1 on page 132, that recognizes the existence of Riverwood Conference Center, it's location and it's use, and it's designation as a Planned Unit Development District. The full text of this paragraph, is attached to these minutes. Mr Licht also informed the Council that he has prepared an amendment to the Comprehensive Plan which emphasizes the desire of the City to preserve it's Agricultural Areas. Motion by Ron Black to approve the Comprehensive Plan, including the amendments on Riverwood Conference Center, Agricultural Areas and Hwy 101 accesses. Seconded by Larry Fournier, all Council Members voted in favor of the motion. Bill Radzwill commented that it is important to review the Comprehensive Plan regularly, at least every two years to keep it up to date. He also said he has prepared a contract between Riverwood Conference Center and the City of Otsego which stipulates all the conditions Riverwood has agreed to. Arlene DeCandia, President of Riverwood Conference Center, has sent a letter to the Council requesting limited use by the Conference Center of the private residential driveway to the former 11 acre parcel. Larry Fournier said he thought the Council should stick by it's original decision to keep this access a private residential driveway and not for Riverwood use. The Council Members agreed and requested Elaine Beatty to send a letter to Ms DeCandia informing her that the matter was discussed and of their decision. Steve Wiltermuth, who lives at 8937 O'Brian Ave, appeared before the Council regarding water problems in the 90TH ST area. In the 2nd Addition of Otsego Acres, tiling was put in that brought more water towards 90TH ST that is causing surface water and high ground water levels, that is causing trees in the area to die. He would like to have the CITY OF OTSEGO COUNCIL MEETING MINUTES OF SEPT 23, 1991 AT 7:30PM - PAGE 4 - Council check the drainage in the area. The Council informed him they would have the Engineer check on it_ They also informed him that Nashua Ave would be reconstructed next year and the possibility of diverting some of the water towards Nashua Ave could be investigated. Dave Licht informed the Council that the Planning Commission at present is considering whether Lots 10 and 11 in Island View Estates are buildable lots. Some neighbors in the area are concerned about water problems if these lots are allowed to be built on. He recommended that a drainage study be done in Island View before any more building permits are issued. Motion by Doug Lindenfelser that no more building permits be issued in Island View Estates until the City Engineer has done a site inspection. Seconded by Floyd Roden, all Council Members voted in favor of the motion. Regarding Rural and Urban Taxing Districts, Dave Licht recommended to the Council that they set a Public Hearing on the Taxing Districts at the next Council Meeting. The Council will need an Ordinance establishing two taxing districts with sub -divisions within the districts. The Council will also need to set up numbers to indicate more services are needed in Urban Areas such as police calls, drainage problems, and street maintenance costs. If the City would adopt User Fees, this could make the differences between Rural and Urban less. Larry Koshak presented the right--of--way plans for Nashua Ave to the Council. The maps he presented indicated the areas of additional right-of-way needed, about 14 feet along the West side of Nashua Ave as well as more right-of-way in the realignment area approaching Co 39. He said additional temporary slope easements are needed also in some areas of Nashua Ave and on the South side of 85TH ST. Motion by Larry Fournier to adopt the following Resolution: Be it resolved that the City Council of the City of Otsego hereby approves and accepts the right-of-way acquisition and design plan for Nashua Ave as prepared by Hakanson Anderson Associates, Inc. The Motion was seconded by Douglas Lindenfelser, all Council Members voted in favor of the motion. Larry Koshak also brought up the Assessment payment policy for Packard Ave. He said he prefers the declining balance payment method with larger interest payments in the beginning years of the pay off period and declining as the years go by. Ron Black commented that he thought it would be easier for the property owners to budget for the payments if the payments were equalized thru the 10 years pay off period. Attorney Mike Couri advised the Council that Packard Ave assessments have already been established as an equal payment CITY OF OTSEGO COUNCIL MEETING MINUTES OF SEPT 23, 1991 AT 7:3OPM — PAGE 5 — pay off policy. Motion by Floyd Roden to adopt an equal payment policy for future assessments. Seconded by Larry Fournier, all Council Members voted in favor of the motion. Larry Koshak informed the Council that the DNR has checked the Packard Ave area and determined the water levels in that area. The 30 inch culvert under Packard Ave that was in question is at the proper level now and cannot be lowered. He said if the City were to adopt a Storm Water Drainage Plan, it would be possible to negotiate the water levels of the Public Wetlands with the DNR. Larry Koshak also reported that the excess excavation cost on the Packard Ave project was less than estimated. Motion by Doug Lindenfelser to approve a change order to replace the 30 inch culvert under Packard Ave with a new 30 inch cement culvert 60 lineal ft long at a cost of $5,880.00. Seconded by Floyd Roden, all Council Members voted in favor of the motions. Mr. Koshak also said that he would recommend putting Class 4 base gravel on Packard Ave this fall and then wait until next spring to put on the final layer of base gravel and the bituminous top because of all the wet weather during construction and it is already late in the construction season. Larry Koshak also said that Mark Benson who works for MN/DOT, the funds for the construction of the Hwy 101 access road South from Co 37 (old Co 122) have been set aside for 1992 construction. Motion by Ron Black to authorize Larry Koshak to commence routing and right-of-way discussions with land owners involved in the access road. Seconded by Doug Lindenfelser, all Council members voted in favor of the motion. Motion by Floyd Roden to purchase insurance coverage for the City property and equipment, property damage and liability, and errors and omissions insurance for City Officials from the League of Cities thru the First National Insurance Agency, Dan Greene, Agent. Seconded by Larry Fournier, all Council Members voted in favor of the motion. Motion by Doug Lindenfelser to set the 1992 per unit assessment for Fire Dept coverage at $37.00 for the City of Elk River Fire Dept coverage area. Seconded by Ron Black, all Council Members voted in favor of the motion. Ron Black informed the other Council Members that he will need some one else to take his place at the October 1, 1991 meeting of the District 728 Community Education District Wide Recreation Program. Floyd Roden and Doug Lindenfelser volunteered to attend. Motion by Larry Fournier to conduct a second interview with three candidates (Kevin Mealhouse, Jerry Olson and Loren Kohen) for Building Inspector on Sept 30, 1991, at 7:30PM. CITY OF OTSEGO COUNCIL MEETING MINUTES OF SEPT 23, 1991 AT 7:30PM - PAGE 6 - Seconded by Ron Black, all Council Members voted in favor of the motion. Larry Fournier brought up the question of site inspections. Dave Licht has recommended that the Planning Commission Members do a site inspection before the issue comes before a Public Hearing by the Planning Commission. This would speed up the approval or denial process. The Council agreed this would be a good policy. Motion by Floyd Roden to increase the City Clerks compensation to $1,500.00 per month effective July 1, 1991. Seconded by Doug Lindenfelser, all Council Members voted in favor of the motion. The City has the option of observing Columbus Day (Oct.14) as a Legal Holiday or a day on which business is conducted as usual. The City Council chose to observe it as a regular business day with a Council Meeting schedule for that evening and the City Office to be open during the day. Proceeding as a board of audit, the City Council audited and allowed Verified Accounts Nos. 779 to 809 inclusive. On motion the meeting adjour_ed. DOUG LENFELSER, COUNCIL RONe G BLACK, COUNCIL LARRY FtSNI: ~ , CO IL ATTEST: JEROME PERRAULT, CLERK STATE OF MINNESOTA COUNTY OF WRIGHT CITY OF OTSEGO RESOLUTION Motion by Larry Fournier to adopt the following Resolution: Be it resolved that the City Council of the City of Otsego hereby approves and accepts the right-of-way acquisition and design plan for Nashua Avenue NE as prepared by Hakanson Anderson Associates, Inc. The motion was seconded by Douglas Lindenfelser, all Council Members voted in favor of the motion. AP° r r A .ROME PERRAULT , CLERK CITY OF OTSEGO NORMAN F FRESKE, MAYOR 3Pi eb Dated this 23rd day of September, 1991.