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04-13-1992 City Council MinutesSTATE OF MINNESOTA The City Council of the City of COUNTY OF WRIGHT Otsego met this 13TH day of April CITY OF OTSEGO 1992 at 7:3OPM. Norman F Freke Mayor, Doug Lindenfelser, Flo>d Roden, Larry Fournier and Ron Black, Council Members, Jerome Perrault, Clerk, James Barthel, Treasurer, Elaine Beatty, Deputy Clerk/Zoning Adm., Judy Hudson, Secretary, Bill Radzwill, Attorney, and Dave Licht, Planner, were present. The meeting was called to order by Mayor Norman F Freske, Motion by Floyd Roden to approve the Minutes of March 23, 1992, City Council Meeting. Seconded by Doug Lindenfelser, All Council Members voted in favor of the motion. Motion by Larry Fournier to approve the Minutes of the Public Hearing on the construction of Quale Avenue between 65TH St and 70TH St (Co #37) held March 30, 1992 at 7:30 PM. Seconded by Ron Black, all Council Members voted in favor of the motion. Dianne Constant appeared before the Council in regard to the clean up of lots, particularly that of Sally Gulbrandson. Norman F Freske explained to her that we now have an Ordinance in place so that we can take action against violators. Bill Radzwill said that Wright County took action on January 15, 1986, to require Sally Gulbrandson to clean up her lot. A Hearing date was set, but no further action was taken. He explained that the City could hire someone to clean up the lot (now burned out) and charge it back to her. Elaine Beatty said she had talked to Sally Gulbranson (who now lives in Big Lake) and she told her that she would like to have a dumpster brought in and clean up the lot, but she would like to have 30 days to do this. Many letters have been received at the City Office requesting that the City Council enforce the Nuisance Ordinance and one letter in particular specified Sally Gulbrandson's lot. Motion by Floyd Roden to adopt the following Resolution: Be it resolved that the Otsego Building Inspector be named the person in charge of enforcing the Public Nuisance Ordinance. The motion was seconded by Ron Black, all Council Members voted in favor of the motion. The fire that destroyed the Gulbrandson mobile home occurred on April 5th, 1992. Tom Constant said he had talked to Sally Gulbrandson and she informed him that she did not have any insurance. Ms Constant said the neighbors were willing to help with the clean up, but Ron Black commented that the neighboring residents should not have to pay for the cleanup. Motion by Larry Fournier to give Sally Gulbrandson seven days (7) (Until April 21ST, 1992 at day's end) to clean up her lot and if she fails to do so the City will clean up the lot and charge it back to her. Seconded by Ron Black. Ron Black commented that there is also a health and safety hazard situation as the lot now exists. CITY OF OTSEGO COUNCIL MEETING MINUTES OF 4/13/92 7:3OPM - PAGE 2 - All Council Members voted in favor of the motion. Bill Radzwill advised the Council that everything must be documented when the cleanup is done if you intend to charge it back to her. Duane Kropuenske of the First National Mortgage appeared before the Council to talk about City participation in the Minnesota Housing Finance Agency program for financing homes. The program for financing homes is available for low income, first time home buyers. The City can apply for up to $1,500,000 in available loans thru the Minnesota Housing Finance Agency and the application for City participation in the program must be made by this Wednesday April 15, 1992. A fee of 1% of the $1,500,000 ($15,000.00) must accompany the application to participate in the program. This fee will be paid back at a later date. The Minnesota Housing Finance Agency screens the applications for the loans. The loans are available for up to $93,000.00 for new homes and $83,000.00 for existing homes. Larry Fournier asked how potential home buyers are made aware of the loan program. Mr Kropuenske said that participating lenders usually advertise that the loans are available. Motion by Floyd Roden to apply to the Minnesota Housing Finance Agency for $1,500,000 in housing loans. Seconded by Ron Black, all Council Members voted in favor of the motion. Hillary Barry appeared before the Council regarding the bill he and his partners received for the Jones Intercable Tower application which was built on their property. He said they escrowed $1,200.00 to cover the costs of the Tower permit application and then got a bill for an additional $2,100.00. The additional billing was for Legal and Planner fees involved in the application process which have already been paid by the City. Ron Black said that he understood some of the additional charges were because it was a rush job at the applicant's request before all the City Ordinances were in place. Motion by Floyd Roden to have the Jones Intercable Tower Permit bill reviewed by the City Staff. The motion was seconded by Larry Fournier. Dave Licht commented that the Tower was put in under the Wright Co Ordinance and was not done properly. Doug Lindenfelser, Floyd Roden, Larry Fournier and Ron Black voted in favor of the Motion, Norman F Freske abstained. - Russ Voght was present and said he had some questions about the City's Comprehensive Plan. He requested a reasonable amount of time for the residents to study the Ordinances. He also wanted to know how the residents appeal the Ordinances. Bill Radzwill explained that the City operates under !+ .i.. _ .�.....� _ u i n i a.., ......, a.... L., 1 l.. .. �^ ..-...- I-..•. r r„ i i ,,. b 7 ri T k d CITY OF OTSEGO COUNCIL MEETING MINUTES OF 4/13/92 AT 7:30PM - PAGE 3 - Comprehensive Plan must be developed first before any Ordinances are adopted. Mr Radzwill said that residents cannot object to the Comprehensive Plan, but can object to the enforcement of the Plan. The Federal Government does not have to abide by the local Comprehensive Plan. Merlin Brisbin complained about the high cost the City was charging businesses for permit fees. Norman F Freske replied it was a bit premature to complain about fees because the fee schedule has not been set as yet. Bill Radzwill explained that the City no longer operates under the Co Ordinance, that the City has to operate under Chapter 462 and establish it's own Comprehensive Plan and Ordinances. One resident said one reason there is a lack of trust by residents is that about 10 years ago he applied for a mobile home permit for his parents and was turned down, then about two weeks later he was told he could have the permit. Jerome Bauer asked if the Comprehensive Plan could be changed by the Council or a future Council and Bill Radzwill advised that this was correct. Mr Radzwill also said that because Otsego is still mostly rural, it is difficult to adopt Ordinances that address both the needs of the Urban area and the Rural area as well. Dave Licht commented that the City has applied for a Conditional Use Permit to build a new City Hall and the City Ordinance permits the Hall to be built on the site chosen. Motion by Doug Lindenfelser to approve a Conditional Use Permit to build a New City Hall on the 73.7 acre parcel in the N1/2 of the NW1/4 of Section 20, Township 121, Range 23. The motion was seconded by Ron Black. Merlin Brisbin questioned why the City Hall was being built on this location instead of on the East end of the City closer to Elk River or else closer to Albertville. Doug Lindenfelser replied that we tried to choose a more centrally located site for the benefit of all the residents of the City. Dave Li0ht said the Site Committee has spent a lot of time on the site selection process and looked at 7 or 8 different sites before making their choice. All Council Members voted in favor of the motion. Denise McAlpine said she understood that the DNR would not allow the City Hall to be built on the present site and Mr. Radzwill told her that was correct. Dave Licht then addressed the Ordinance for Adult Use Businesses. He said the City Council and the Planning Commission have held all the necessary Hearingsto adopt the Comprehensive Plan and Ordinances. The City needs to move ahead'with this process as we are no longer under the Co Ordinance. The Comprehensive Plan is not set in concrete and can be changed from time to time as needed. The f`^rv,r-rr�F,enncD1 ar, 7 C .icry 1 , neit kv h t hAt- nAlno le w1. 1 l be CITY OF OTSEGO COUNCIL MEETING MINUTES OF 4/13/92 AT 7:30PM - PAGE 4 - treated fairly and not the good old boy way. The Zoning Ordinance is written to protect your property. Concerning Home Extended Businesses, if you do not have a permit from Wright County, you are operating illegally and if you do have such a permit you can continue to operate. Under the new Ordinance Home Extended Businesses are only allowed in an Ag Zoned area and there is a five year limit on Home Extended Businesses in a residential area. There are provisions in the Ordinance to address each business on an individual basis. Russ Voght commented that there is a lot of ill feeling because of a business that was turned down. Larry Fournier said the Co Ordinance did not require fencing on property lines and Dave Light said this was only in residential areas. Regarding paved driveways, it is only required in platted areas of five lots or more and put in after a certain date. Dave Licht said we also need to address the Wild and Scenic River corridor and suggested Zoning R-1 all the areas that were Wild and Scenic under the Wright Co Ordinance. Motion by Ron Black to adopt a Resolution approving the regulating of the establishment of Adult Use Businesses to minimize the adverse effect on the community. The motion was seconded by Floyd Roden Ron Black said evidence shows that this type of business causes neighborhood blight and higher crime rates. All Council Members voted in favor of the motion. The full text of the Resolution is attached to these minutes. Dave Licht said he is recommending R-1 Zoning in the Wild and Scenic area. Ron Black commented that he thought we should designate the areas according to our wishes and present this to the DNR. Motion by Floyd Roden to designate the Wild and Scenic areas R-1 until the time a more definite agreement is reached with the DNR. Seconded by Ron Black, all Council Members voted in favor of the motion. Motion by Larry Fournier to adopt the Zoning Text Ordinance as drafted by Northwest Associated Consultants. Seconded by Floyd Roden. Ron Black said he assumes this means the Wild and Scenic section is deleted by reference. All Council Members voted in favor of the motion. Motion by Floyd Roden to adopt the Zoning Map as drafted January, 1992. The motion was seconded by Larry Fournier. Ron Black said he assumes the Wild and Scenic Area along Hwy. 101 would remain A'-1 until a request for a Zoning change is made. All Council Members voted in favor of the motion. The City is not proposing any Zoning changes, this would need i -n ho i r,i i- i �i-nrl by f hta nrnncari•v ni.Incar nr f ha PI anni my CITY OF OTSEGO COUNCIL MEETING MINUTES OF 4/13/92 AT 7:30PM — PAGE 5 — Commission. The Long Range Urban Service Boundary change was then discussed. Dave Light said this boundary change was first discussed about March 1, 1992. When the boundary was first laid out, Nashua Avenue on the West and 70TH ST (Co #37) on the South were the boundaries. Because of recent street improvements, it was proposed to extend the boundaries 1320' West of Nashua Avenue and 660' South of 70TH ST. (Co #37) to make Urban Service area the same on both sides of the street. The proposed boundary change was discussed at a Planning Commission Meeting. The Planning Commission voted to move the Long Range Urban Boundary 1320' West of Nashua Avenue as far South as 87TH Street, and then back to Nashua Avenue. Norman F Freske commented that he was disappointed that the two Planning Commission Members who live in the area affected by the change did not abstain from voting on this issue. Ron Black submitted the attached Resolution and moved for it's adoption: The Motion was seconded by Larry Fournier, all Council Members voted in favor of the motion. The Resolution in essence leaves the Long Range Urban Service Boundary at it's present boundary lines. Donna Grover asked if this referred to Old Co 37 and the Council advised her it referred to the New Co 37 which was formerly Co #122. Mary Greninger asked if Nashua Ave was going to be built straight thru to 70TH ST and the Council advised her there are no plans to build that segment of Nashua Ave. It could be built sometime in the future if development would create a need for an extension of Nashua Ave. O'Riley of Electronic Interiors appeared before the Council to say that her company works with the Architect to put in the electronic equipment in the New City Hall. She said they help to design the layout for microphones, cable TV, Computers, etc,, write up specifications and draw up plans for the needed wiring. Ron Black asked if she would give an estimate of what her company's fee would be. She said that she would need to study the Architect's plans before she could do this. Dave Licht said he had a few items for the Council to consider. One is that we are not requiring plats for one acre lots in Rural areas and should the road easements be part of the one acre lot? In platted areas, the one acre lot must be in addition to road easements. Another item is Developers Contracts and whether the developer should be required to sod or seed the front yards? Another item is the amount of Park Dedication Fees. At present the Park Dedication Fees in Rural areas is 1/2 that CITY OF OTSEGO COUNCIL MEETING MINUTES OF 4/13/92 AT 7:30PM - PAGE 6 - The Balfany Culvert Project by Mud Lake was then discussed. Motion by Ron Black to table the Balfany Culvert Project until Engineer Larry Koshak has had a chance to review the latest correspondence on this issue. Seconded by Doug Lindenfelser, all Council Members voted in favor of the motion. Ron Black reported that regarding the Recreation Co- ordinator for the District wide recreation program, the initial cost share agreement was based on all communities participating, but not all are. The City of Elk River has agreed to pay the difference so Otsego's share will remain the same. They now want to hire a part time Clerk/Secretary to assist the Recreation Director and have suggested that either Elk River, or Otsego hire the Clerk/Secretary. If Otsego were to hire the person, the wages paid would be considered part of Otsego's contribution to the program. The Community Education Office has prepared a job description for the position. Ron Black suggested adding to the job description communication skills with people, a maximum 20 Hr work week, a pay rate of $6.00 per hr. and the person should co --ordinate their work schedule with the District Recreation Director and the Otsego Deputy Clerk. The person would be hired by the City of Otsego, but work in the Community Education Office. Motion by Ron Black that the City of Otsego hire a part time Clerk/Secretary to work with the District Recreation Director. Seconded by Doug Lindenfelser, all Council Members voted in favor of the motion. Larry Fournier suggested preparing a directive to Planning Commission Members as to their duties and responsibilities to the Council and the Community. Motion by Doug Lindenfelser to authorize Dave Chase to pay for the hauling of a Hydro -hoe in exchange for it's use with the option of renting it for a limited time. Seconded by Ron Black, all Council Members voted in favor of the motion. Jerome Bauer asked why the Council didn't publish the Minutes like they used to do? The Council replied they are now putting out a Newsletter every two months and also the Elk River Star News has many articles about Otsego. The Minutes also are always available at the City Hall. One resident asked if there was an Open Forum before each Council Meeting and the Council advised the Open Forum was during each Council Meeting, not before. Motion by Norman F Freske to table the Beaudry Oil Co. bid until Dave Chase has reviewed the specifications. Seconded by Doug Lindenfelser, all Council Members voted in favor of the Motion. Motion by Floyd Roden to table action on the promotional folders until the next Council Meeting. Seconded by Doug CITY OF OTSEGO COUNCIL MEETING MINUTES OF 4/13/92 AT 7:30PM - PAGE 7 - Lindenfelser, all Council Members voted in favor of the motion. Kathy Lewis has submitted her resignation as a Planning Commission Member as she is considering moving out of Otsego. Larry Fournier agreed to meet with her to see if she would remain on the Planning Commission until she does move. Motion by Ron Black to grant Riverwood Conference Center a Fire Lane Variance of 11 Foot wide instead of 16 foot wide in one particular area. Seconded by Floyd Roden, all Council Members voted in favor of the motion. Elaine Beatty advised the Council that John Oliver informed her that he does not do perk tests and recommended S P Testing of St Michael. Motion by Floyd Roden that the Council secure price quotes from two or three firms to do the perk test on the City Hall Site. Seconded by Larry Fournier, all Council Members voted in favor of the motion. Albertville Fire Chief Rick Wacker has requested a meeting with the City Council. The Council tentatively set May 5, 1992 at 7:30PM at the Otsego City Hall as the date for this meeting. Motion by Ron Black to join the Minnesota Mayors Assn. Seconded by Larry Fournier, all Council Members voted in favor of the motion. Motion by Doug Lindenfelser to set the Election Judge pay rate at $5.00 per hour for the 1992 elections. Seconded by Floyd Roden, all Council Members voted in favor of the motion. Regarding identification emblems for the City vehicles Ken Brey of Specialty Screens has submitted a price quote of 10 - 8" X 20" emblems for $12.00 each. Motion by Doug Lindenfelser to order 10 identification emblems from Specialty Screens. 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. 275 to 360 inclusive. On motion the meeting adjourned. NORMAN F FRESKE, MAYOR DOUG LINDENFELSER, COUNCIL FLOYD RODEN, COUNCIL LARRY FOURNIER, COUNCIL RONALD BLACK, COUNCIL JEROME PERRAULT, CLERK JP/eb