Loading...
09-14-1992 City Council MinutesSTATE OF MN The City Council of the City of COUNTY OF WRIGHT Otsego met this 14 day of September CITY OF OTSEGO 14, 1992, at 7:30 PM. 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/Zoning Administrator, Judy Hudson, Secretary, Larry Koshak, Engineer, David Licht, Planner, and Bill Radzwill, Attorney, were present. The meeting was called to order by Mayor Norman F. Freske. Motion by Larry Fournier to approve the Minutes of the August 24, 1992, Council Meeting. Seconded by Floyd Roden, all Council Members voted in favor of the motion. Motion by Doug Lindenfelser to approve the Minutes of the August 26, 1992, Special Council Meeting. Seconded by Larry Fournier, all Council Members voted in favor of the motion. Pastor Mick Scott appeared before the Council to say he was associated with the Maple Grove Evangelical Covenant Church and was interested in using the Otsego City Hall for a series of Sunday evening support group meetings to assist families and expand beyond that to Bible Study groups in the homes. Eventually they may be interested in building a church in Otsego. Bill Radzwill said he was concerned with all the unlocked files of City papers in the City Hall. The Council agreed this was a problem now and once we move in to the new City Hall we would have a meeting room available. The Council suggested to Mr. Scott that he check with the Trinity Episcopal Church in Elk River about using the building across Nashua Avenue from the City Hall. The building does not meet residential code requirements but has been used by a church group in the past. Motion by Larry Fournier that Pastor Mick Scott check with Trinity Episcopal Church in Elk River about the use of their building across Nashua Avenue from the City Hall. Seconded by Doug Lindenfelser, all Council Members voted in favor of the motion. The Council advised Mr. Scott that if this building was not available he should come before the Council again. At this time Mayor Norman F. Freske called the Public Hearing on the,establishment of an Economic Development Authority to order. David Licht commented that because of the power of the EDA, the Council has decided that the Council itself would make up the EDA and in addition have a 5 member advisory commission. Dan Wilson said the purpose of an EDA is to have more power in promoting economic development and can become involved in industrial, commercial and housing developments. Bill Radzwill advised the Council that he has prepared a Resolution that when adopted by the Council will in effect establish the EDA for the City of Otsego. There were no questions or comments from the residents OTSEGO CITY COUNCIL MEETING OF SEPTEMBER 14, 1992. Page 2 in attendance. Motion by Doug Lindenfelser to close the Public Hearing on the establishment of an EDA for the City of Otsego. Seconded by Floyd Roden, all Council Members voted in favor of the motion. Motion by Floyd Roden to adopt the Resolution establishing an EDA for the City of Otsego. Seconded by Ron Black, all Council Members voted in favor of the motion. The full text of the Resolution is attached these minutes. Larry Fournier asked Mr. Wilson about establishing the Advisory Commission. Mr. Wilson said the reason for having an Advisory Commission is to give the EDA a broader base of support in the community. David Licht then addressed the application of Michael Gregersen (of 8591 O'Brian Ave) for a CUP to construct a garage larger than 750 square feet (1160 square feet) on a R-2 lot. The Planning Commission has approved the CUP for Mr. Gregersen based on the finding of facts prepared by Mr. Licht's office. Mr. Gregersen said he was concerned about granting easements on his property and was concerned that it would give the City the right to come in and destroy the woods on his lot. Ron Black said he had easements all around his wooded lot and the Utilities have been careful not to destroy trees unnecessarily when doing maintenance work. Larry Koshak said he was concerned that drawings be to scale and be done by an engineer. Mr. Gregersen said that he has found it will cost him about $300.00 to have his lotsurveyed but if it is mandatory to have his lot surveyed in order to get the building permit, he will have it surveyed. Motion by Larry Fournier to accept the Planning Commission recommendations and approve the CUP for Michael Gregersen to build an accessory building larger than 750 square feet in accordance with the following stipulations. 1. The accessory structure is not to be utilized for home occupation, commercial related activities, or the keeping of animals. 2. The proposed accessory building is the same color as the site's principal structure. 3. The proposed accessory structure's roof is constructed so as to not exceed a 5:12 pitch. 4. If not already existing, drainage and utility easements are provided along all property lines in accordance with City sub -division regulations. This item should be subject to comment by the City Engineer. 5. The existing single stall garage is removed from the site. Seconded by Ron Black, all Council Members voted in favor of the motion. OTSEGO CITY COUNCIL MEETING OF SEPTEMBER 14, 1992. Page 3 David Licht then brought up the application of Ernest and Jane Davis (of 14299 NE 87th St) for a CUP to construct an accessory building larger than 750 square feet (1440 square feet). The Davis lot is 2.3 acres and is zoned R-2. The Planning Commission has approved the CUP for Mr. Davis based on the finding of facts prepared by Dave Licht's office. Mrs. Davis said that she was not aware that they needed a lot survey. Motion by Ron Black to accept the Planning Commission recommendation and approve a CUP for Earnest and Jane Davis to construct a 1440 square foot accessory building in accordance with the following stipulations: 1. Regardless of whether the CUP is approve the outdoor storage of any inoperable or unregistered vehicles is discontinued. 2. The proposed accessory structure is not to be utilized for commercial or home occupation purpose 3. The applicants provide landscaping/screening along the accessory structure's western facade, the location type and size of landscaping should be illustrated on the site plan and meet the approval of the City. 4. The site plan is revised to identify all proposed building setbacks. 5. The site's accessory buildings (including existing garage) match the site's principal building in color. 6. The proposed accessory structure's roof is constructed at the same pitch as the site's principal structure. 7. Drainage and utility easements are to be provided along all lot lines in accordance with sub -division ordinance requirements. This item should be subject to comment by the City Engineer. No building permit is to be issued until such easements are provided. 8. The accessory structure's side walls (East & West) do not exceed 10 feet in height. Seconded by Floyd Roden, all Council Members voted in favor of the motion. John Anderson appeared before the Council regarding the cul-de-sac on Napier Avenue that was not included in the agreement that he signed. He was also concerned about the mining (borrow) that was done in the ditches along Nashua Avenue. He was not advised this was going to be done until the day before they did it and he feels he should receive additional compensation. Larry Koshak said Mr. Anderson had signed an easement and received $7,800.00 for it which he feels was adequate. Mining (borrow) the ditches and replacing the dirt is a common practice in road construction. Regarding the Napier Avenue cul-de-sac, Mr. Koshak said it was placed on an existing street right-of-way. The land OTSEGO CITY COUNCIL MEETING OF SEPTEMBER 14, 1992. Page 4 on the other side of Napier Avenue (Mrs. Speaker) had the old street right-of-ways vacated. Bill Radzwill said that Mr. Anderson does not have a clear and marketable title on the property and has advised Mr. Koshak of this. Norman Freske asked Mr. Anderson how much additional compensation he thought he should have. He said he thought he should have another $1,000.00 and that he was not told about the cul-de-sac and the mining (borrow) before it was done. Doug Lindenfelser said that if Mr. Anderson would have to dig out the unstable dirt to put in a driveway, then he said he felt that John Anderson should be compensated for the mining (borrow) of the ditches and Norman Freske agreed. Ron Black asked if this was a common practice to mine ditches and if so the land owner should be told in advance. Motion by Ron Black to refer the matter back to Malcolm Watson to see if the mining (borrow) was considered when he calculated the easement payments. Seconded by Larry Fournier. Ron Black commented that if Mr. Watson considered the mining (borrow) of the ditches when calculating the easements, then this is a closed issue. Ron Black and Larry Fournier voted in favor of the motion, Doug Lindenfelser, Floyd Roden and Norman Freske were opposed, the motion did not pass. Doug Lindenfelser said he thought most of the mining along Nashua Avenue was on John Anderson's property. Ron Black said he thought there were other properties involved and if you re --negotiate one you would have to do all of them. Motion by Larry Fournier to refer the matter back to Mr. Watson to determine if mining (borrow) was included when calculating the easement appraisals. Seconded by Norman F. Freske, all Council Members voted in favor of the motion. Norman F. Freske then declared the Open Forum to be in session. Mr. Anderson said he is building a home in Antelope Park and has had some vandalism. He wanted to know if there were any plans for more police protection in Otsego. Norman F. Freske explained that the City contracts for 40 hours per week of patrol service from the Wright County Sheriff's Department and also receives additional patrol service as part of routine Sheriff Department policy. Ron Black asked what the response time was when he called the Sheriff Department and he replied that it was about 45 minutes before the Deputy Sheriff arrived. Mike Gregersen said that he also had a breakin and it took over an hour for the Deputy Sheriff to respond. Arleen Nagel commented that she had a prowler, called 911 and the Deputy Sheriff was there is a few minutes. OTSEGO CITY COUNCIL MEETING OF SEPTEMBER 14, 1992. Page 5 Elaine Beatty said that she will be calling the Sheriff's Department tomorrow and informing them that more patrol service is needed in the Antelope Park area. Bill Radzwill then brought up the issue of wells in the Antelope Park and Country Ridge Developments. Larry Koshak said the developer had the E.H. Renner Well Company drill a 300 foot deep well down into the Mt. Simon -Hinckley Acquifer and now had an artesian (flowing) well. Mr. Koshak said he did not think we should be drilling wells into this acquifer at this time. While this is the most pure water, every time a well is dug it creates another hole into this acquifer. The Health Department has examined 13 wells in this area and none were chloroform contaminated although at the 55 ft depth there were a little higher nitrate levels. The Health Department is recommending that wells be dug in the Franconian acquifer, about 130 ft. deep. Motion by Ron Black that the City Attorney enter into an agreement with the developers of Antelope Park and Country Ridge to amend the Developers Contract to require the developers to drill wells into the Franconian Acquifer and not the Mt. Simon -Hinckley Acquifer as per MN Department of Health recommendations. Seconded by Floyd Roden, all Council Members voted in favor of the motion. Larry Koshak advised the Council that Wright County is considering the development of a "banking wetlands policy" because of the new no loss of wetlands restrictions. They are considering establishing a wetland in a small field on the Southside of 92nd Street in Section 15, Range 24. Bill Radzwill said he did not think the City had the authority to prevent Wright County from doing this. The Council requested Larry Koshak to investigate the Wright County policy of developing wetlands. Regarding Antelope, Park, Larry Koshak said the streets have now been blacktopp`ed but no more information has been received on dot drainage. Also the profile on the path to the Otsego Park is wrong and the developer had did some excavating to put in a walkout basement in one of the lots along the bluff line and this is in violation of the Developers Contract. Mr. Ziegler commented that the walkout basement was in the bluff line and not the river bank which is 500 ft way. He said he did not see anything in the Developers Contract to prevent a walkout basement from being built. Larry Koshak said he disagreed and the problem should be addressed if\the plan is to continue to build walkouts along the bluff line. The item in contention is the degree of the slope whichis acceptable for a walkout basement. Mr. Ziegler commented that it is creating problems for the builders when the City stops issuing building permits and the homes to be built have already been sold. Ron Black said he was concerned that the City is considered the bad guy when it is the developer who has not OTSEGO CITY COUNCIL MEETING OF SEPTEMBER 14, 1992. Page 6 fulfilled his agreement. Mr. Ziegler said if they could get building permits for the 2 lots that have already been sold they would not ask for any more building permits until everything is settled. Motion by Larry Fournier to approve building permits being issued for Lot 4, Block 5 and Lot 5, Block 2 of Antelope Park contingent that Larry Koshak check the lots. Seconded by Doug Lindenfelser, all Council Members voted in favor of the motion. Larry Koshak said he and Floyd Roden had met with the Wright County Parks Director regarding drainage of Antelope Park across the Otsego Park. Ron Black said he thought it should be the responsibility of the Wright County Parks Department (and not the City of Otsego) to do the survey, determine where the drainage easement should be and do all the paper work. Larry Koshak advised the Council that the Packard Avenue project is now completed and recommended final payment be eade to Buffalo Bituminous, Inc. in the amount of $21,981.94. Mgtion by Floyd Roden to approve the final payment of $21,981.94 to Buffalo Bituminous Inc., for the Packard Avenue Construction Project. Seconded by Ron Black, all Council Members voted if favor of the motion. ' Regarding the Hwy 101 sound barrier by the KOA Campground, Mr. Koshak said that MnDOT and the Campground have agreed on a 6 to 8 ft high fence instead of the 15 ft high wall. Larry Koshak advised the; Council that the Nashua Avenue Construction Project is now completed. Floyd Roden said he thought the mail boxes were qi.laced too close to the edge of the bituminous mat on Nashua(Avenue.and should be moved back some. Regarding the damage c�faim to MnDOT for damages to 85th Street, Kadler Avenue and 80th Street, Mr. Koshak said the damage claim has been sent to the MnDOT Brainard Office and they should be responding in 2 to 3 weeks. Floyd Roden and Doug Lindenfelser reported that they had met with the garbage haulers regarding recycling and they would like to continue doing the recycling at the same $1.25 per household rate. They also expressed an interest in organizing garbage hauling districts in the City of Otsego, whereby each hauler would be assigned a certain area of the City. Motion by Doug Lindenfelser to leave the garbage hauling and recycling the same as it is for now and re --evaluate the situation after the 1st of January, 1993. Seconded by Floyd Roden, all Council Members voted in favor of the motion. The Peavey House has been rented and the new renter would like to do some painting and.fix up work. The Council agreed to buy the paint and will check the carpeting before deciding on replacing that. OTSEGO CITY COUNCIL MEETING OF SEPTEMBER 14, 1992. Page 7 Motion by Larry Fournier to set the per unit fire department service assessment at $35.00 for 1993 for the Monticello Fire Department Service Area. Seconded by Ron Black, all Council Members voted in favor of the motion. Motion by Floyd Roden to set the per unit fire department service assessment at $37.00 for 1993 for the area serviced by the Elk River Fire Department. Seconded by Ron Black, all Council Members voted in favor of the motion. Motion by Ron Black to appoint Tom Baillergon to the Parks Commission contingent that he is able to attend all meetings. Seconded by Larry Fournier, all Council Members voted in favor of the motion. Jacquie Rognli presented the Council with the copy of the brochure that she said the Parks Commission would like to have printed to be handed out to new residents of Otsego. Motion by Larry Fournier to approve the Parks Commission ordering 200 brochures to be given out to new residents of the City of Otsego. Proceeding as a board of audit, the City Council audited and approved verified accounts Nos. 857 to 933 inclusive. On motion the meeting adjourned. , NORMAN F. FRESKE, MAYOR , DOUG LINDENFELSER, COUNCIL , FLOYD RODEN, COUNCIL , LARRY FOURNIER, COUNCIL , RON BLACK, COUNCIL Attest: Jerome Perrault, Clerk JP/jeh