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09-28-1992 City Council MinutesSTATE OF MN The City Council of the City of COUNTY OF WRIGHT Otsego met this 28 day of CITY OF OTSEGO September, 1992, at 7:00 PM. Norman F. Freske, Mayor, Doug Lindenfelser, Floyd Roden, Larry Fournier and Ron Black, Council Members, Jerome Perrault, Clerk, Elaine Beatty, Deputy Clerk/Zoning Administrator, Judy Hudson, Secretary, Larry Koshak, Engineer, Bob Kirmis, Planner, and Jerry Olson, Building Inspector, were present. The meeting was called to order by Norman F. Freske, Mayor. Jerry Olson appeared before the Council to discuss some of the concerns he had regarding developments. Mr. Olson said the first concern he had was lot seeding in Country Ridge but is seems that the developer is now taking care of this. Back slopes (lot side) should be sodded by the builder if more than a 10% slope and the inslopes should be seeded by the developer. Clarification of whether to allow heavy truck traffic on the new streets in the developments was another concern of Mr. Olson. Tony Emmerich did say he planned to keep heavy trucks off the streets in Country Ridge until the streets were competed and at full strength. Mr. Olson did say he would notify the builders to get the driveways in first before starting to build the houses. • Mr. Olson asked the Council if it was necessary to have a lot survey to get a permit for a small garage or a deck. Ron Black said he could not see any reason to require a lot survey for a deck or an attached garage permit unless you (Jerry Olson) can see a problem with setbacks. The Council decided to leave it up to the discretion of the building inspector whether to require a lot survey. Mr. Olson asked if building permits are now being issued in Antelope Park. The Council said no (only the two approved), not until all drainage issues are resolved. The regular'Council Meeting was now called to order by Mayor Norman F. Freske. Treasurer James Barthel was also present. Motion by Larry Fournier to approve the Minutes of the September 14, 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 September 21, 1992, Publc; Hearing on the Parks & Recreation Commission Comprehensive Plan. Seconded by Ron Black. all Council Members voted in favor of the motion. Motion by Ron Black to approve the Minutes of the September 22, 1992, Assessment Hearing on the Nashua Avenue 8Sth Street MSA Construction Project. Seconded by Floyd Roden, all Council Members voted in favor of the motion. Motion by Larry Fournier to approve the Minutes of the August. 31, 1992, Council Meting. Seconded by Ron Black, all Council Members voted in favor of the motion. Motion by Floyd Roden to approve the Minutes of the September 10, 1992, Special Council Meeting with the Elk CITY OF OTSEGO CITY COUNCIL MEETING OF SEPTEMBER 28, 1992. Page 2 River School Board. Seconded by Doug Lindenfelser, all Council Members voted in favor of the motion. Motion by Floyd Roden to approve the Minutes of the September 10, 1992, Special Council Meeting. Seconded by Ron Black, all Council Members voted in favor of the motion. Bob Kirmis addressed the Mike Weidenbach request for a variance request to have a 1 per 40 lot split larger than 2 1/2 acre'. The Zoning Ordinance allows for a lot split larger than 2 1/2 acres if the land in question is marginal Ag Land. According to RSCS statistics, this area would qualify for a larger than 2 1/2 acre split. Bob Kirmis said he is approving the variance request according to the following conditions: 1. A site survey prepared by a registered land surveyor is submitted as necessary for building permit issuance.. 2 The applicant demonstrates that soil conditions on the property will support a residential dwelling. This item should be subject to comment by the City Building Inspector. 3. The Building Inspector and/or City Engineer determine that the subject site will sustain a private well and sewage treatment system. 4. As recommended by the Wright Co. Highway Dept. 33 ft. of right-of-way is formally dedicated for Co. 19. 5. If not already held, an access permit is obtained from the Wright Co. Highway Dept. for the subject property to receive access from Co. 19. SEE NEW FILE 9-28-92 CONTINUED FROM FILE 8-24--92 CITY OF OTSEGO CITY COUNCIL MEETING OF SEPTEMBER 28, 1992. PAGE 3 6. A deed restriction is placed on the subject property to prohibit further subdivision. 7. The applicant satisfy park dedication fees of $175.00 and trail dedication fees of $25.00. 8. The City Engineer provide comment as to the acceptability of the proposed private access easement. 9. Drainage and utility easements, as requested by the City Subdivision Ordinance are provided prior to the issuance of any building permits. This item should be subject to further comment by the City Engineer. In accordance with the Finding of Facts and the conditions outlined by the Planner, the Otsego Planning Commission has approved the variance request of Mike Weidenbach. Larry Fournier asked Engineer Larry Koshak if he had reviewed Mike Weidenbach's proposed septic system and Mr. Koshak replied that he had. Motion by Ron Black to approve the request of Mike Weidenbach for a variance for a larger than 2 1/2 acre lot in a 1 per forty split in accordance with Planning Commission recommendations. Seconded by Larry Fournier. Norman Freske, Doug Lindenfelser, Larry Fournier and Ron Black voted in favor of the motion, Floyd Roden abstained. The motion carried. Jane Thomson, representing the Elk River Area Council, appeared before the Council Area Arts, appeared before the Council and requested a $5,000.00 donation to their Arts Council. She presented the Council with a listing of their income and expenses for the first 8 months of 1992. Norman F. Freske, asked'how many members the Arts Council had. Mrs. Thomson replied from 150 to 200 and it was formed in 1989. Doug Lindenfelser asked if the Arts Council was associated with the Elk River School District. Mrs. Thomson replied that the Arts Council uses the Senior High Auditorium for performances and also uses the school practice rooms. Tanya Darkenwald was present and said she lived in Otsego for 20 years and is the only Otsego resident ori the Arts Council Board. Elaine Beatty and Jacquie Rognli are members of the Arts Council as well as other Otsego residents. Individual memberships to the Arts Council are $15.00. The Council advised Mrs. Thomson they would give consideration to her request and asked if they could be provided with a list of Otsego residents who are members of the Arts Council. Motion by Floyd Roden to table consideration of a donation to the Arts Council until the next Council Meeting. Seconded by Doug Lindenfelser, all Council Members voted in favor of the motion. Dan Greene appeared before the Council regarding renew:,.1 CITY OF OTSEGO CITY COUNCIL MEETING OF SEPTEMBER 28, 1992 Page 4 of the Multi -Pack Insurance Policy with the League of Cities Insurance Trust. The policy covers City property, General Liability & Property Damage, Errors & Omissions, Automobile Liability & Damage, Crime & Bonds. Because the renewal premium was over $3,300.00 more than the past year's premium ($11,739.00 as compared to $8,410.00) and the premium was based on the City's expenditures, the Council requested that Mr. Greene recheck the calculations. Motion by Ron Black to renew the Multi -Pack Insurance Policy with the League of Cities Insurance Trust. Seconded by Floyd Roden, all Council Members voted in favor of the motion. Mayor Norman F. Freske then declared the Open Forum part of the agenda to be in session. Metro Builders was present and asked if there were any questions regarding City Hall construction. He said construction is being held up because the steel has not been delivered. Also Construction Manager Don Meinhardt should be on the job every day and he has not been. The Council advised him they would request Don Meinhardt to meet with them. • Motion by Ron Black to have a Special Council Meeting with Don Meinhardt on September 30, 1992, at 3:30 PM. Seconded by Larry Fournier „all Council Members voted in favor of the motion. Dennis Havel asked if he could use a shared driveway for 3 parcels on Nashua Avenue. The Council advised him this matter would have to be brought before the Planning Commission, however, generally speaking they would be opposed to the idea. Elaine Beatty said the driveway issue would be on the agenda for the October 8, 1992, Staff Meeting. Motion by Floyd Roden to adopt the Resolution adopting the Assessment Roll for the Nashua Avenue - 85th Street Construction Project with an interest rate of 7.75%. Seconded by Ron Black. Larry Fournier commented that he thought the interest rate was too high. Norman F. Freske, Doug Lindenfelser, Floyd Roden and Ron Black voted in favor of the motion. Larry Fournier was opposed, the motion passed. Motion by Ron Black to appoint the following additional election judges for the November 3, 1992, General Election: Sandy Lindenfelser Aline Greeninger Rose Cassady Judy Ruch JoAnne Martin Karen Pouliot Freda Lobeck Nancy Duerr Seconded by Larry Fournier , all Council Members voted in favor of the motion. .The City Hall driveway dig out was discussed by the council. Dennis Fe:hn has submitted a bill for $1,125.00 to diq out the unstable soil in the ditch in order to put 1 n the CITY OF OTSEGO CITY COUNCIL MEETING OF SEPTEMBER 28, 1992 Page 5 driveway. Larry Koshak said he had discussed this issue with Gammon Bros. and they would be willing to pay $425.00 for the dig out as they felt they could have done the job for that amount. Ron Black said he felt $425.00 was enough. Motion by Larry Fournier to pay Dennis Fehn $1,125.00 for the driveway dig out. Seconded by Doug Lindenfelser. Larry Fournier, Norman Freske, Doug Lindenfelser and Floyd • Roden voted in favor of the motion, Ron Black was opposed, the motion carried. Motion by Ron Black to accept $425.00 from Gammon Bros. for the driveway dig out. Seconded by Norman F. Freske. Ron Black and Norman F. Freske voted in favor of the motion, Larry Fournier, Floyd Roden and Doug Lindenfelser were opposed. The motion did not pass. Motion by Larry Fournier to send Gammon Bros. a bill for $1,125.00. Seconded by Doug Lindenfelser. Ron Black commented that he thought it would be a mistake to send Gammon Bros. a bill for more than they agreed to pay. Larry Fournier and Doug Lindenfelser voted in favor of the motion, Norman Freske, Floyd Roden and Ron Black were opposed, the motion did not pass. Motion by Doug Lindenfelser to-send Gammon Bros. a bill for $425.00. Seconded by Ron Black, all Council Members voted in favor of the motion. Floyd Roden said Larry Koshak should send a letter to Gammon Bros. explaining the Council's dissatisfaction with the amount of the payment and explaining that the Council gave them the Nashua Avenue Construction Project in good faith. John Anderson appeared before the Council regarding his dissatisfaction with the easement payment he received for Nashua Avenue and the Napier Avenue Cul--De-Sac because of the ditch mining (borrow) and the cul-de-sac being all ori his property. He is asking an additional $1,000.00 more than the $7,800.00 he has already been paid. Appraiser Malcolm Watson has sent a letter in which he indicated that borrow was acnormal construction procedure and was considered when the easement payments were calculated. Ron Black said we have to consider MR. Watson's opinion. Larry Koshak said he did not think the land owners understood that borrow was going to be pursued and this should have been explained before hand. Larry Koshak also said that the dig out of the ditches to put in culverts and driveways was being overstated, that it was not necessary to dig out all the fill dirt and a 3 inch layer of gravel over the fill dirt would be sufficient.. Larry Koshak also said that the Attorney's opinion was to acquire easements along Nashua Avenue rather than out right purchase of the property. Doug Lindenfelser- commented that if the driveways are CITY OF OTSEGO CITY COUNCIL MEETING OF SEPTEMBER 28, 1992. Page 6 not an issue then he feels John Anderson has been paid enough. Motion by Larry Fournier to pay John Anderson an additional $800.00 for the easements. Norman F. Freske agreed to second the motion for discussion purpose. Ron Black commented that he thought the John Anderson claim should be handled according to our Attorney's advise on proper procedure. Larry Fournier voted in favor of the motion, Norman F. Freske, Doug Lindenfelser, Floyd Roden, and Ron Black were opposed, the motion did not pass. Mb -tion by Floyd Roden to abide by our Attorney's advise in considering John Anderson's claim. Seconded by all Co4ncil Members"voted in favor,of the mot -1 -On . N Ron Black advised John Anderson to consult an Attorney to protect his own rights. The maintenance agreement with Business Records Corp. on the voting machine was discussed. The maintenance agreement costs $520.00 per year and this includes programming the voting machine before each election. It also includes the providing of a backup voting machine in case of problems. Motion by Larry Fournier to purchase the Maintenance Agreement on the voting maphine from Business Records Corp. for one year at a cost of '$520.00. Seconded by Floyd Roden, a all Council Members voted in favor of the motion. The Shared library between the City and the School District that is being considered for the new Otsego school was discussed. Elaine Beatty advised the Council that Ken Berenger, of the Great River Regional Library System in St. Cloud said that no new Regional Librarys would be funded within 10 miles of another Regional Library and there are Regional Librarys in St. Michael and Elk River now. Funding is not as readily available as it used to be. Ron Black suggested that we could investigate other library sources. The Council told Elaine Beatty to advise the Elk River School Board that the City of ;Otsego is interested in a shared library and in the development of a park in the NW corner of the Otsego school property. The Council agreed that they are not interested in sharing the cost of maintaining the athletic fields on the school property. Motion by Larry Fournier to support a State Constitutional Amendment to dedicate 2 cents of the State Sales Tax to a Property Taxpayers Trust Fund. Seconded by Ron Black, all Council Members voted in favor of the motion. Motion by Norman F. Freske not to accept Jacquie Rogini's resignation from the Parks & Recreation Commission and to urge her to reconsider. Seconded by Larry Fournier, Norman F. Freske, Floyd Roden and Larry Fournier voted in favor of the motion, Doug Lindenfelser and Ron Black were opposed. The motion carried. CITY OF OTSEGO CITY COUNCIL MEETING OF SEPTEMBER 28, 1992. Page 7 Motion by Ron Black to remove Item 6 from the agenda (discussion of Jeff Negorski's $3,000.00 assessment on he Halls Addition Lot) because Mr. Negorski did not appear. Seconded by Floyd Roden, all Council Members voted in favor of the motion. Motion by Ron Black to set a permit fee of $25.00 for Realtor Display Banners. Seconded by Larry Fournier, all Council Members voted in favor of the motion. Motion by Ron Black to reset the Public Hearing on the Construction of 85th Street. from Page Avenue to Co. 42 from September 28, 1992, to October 12, 1992, with October 26, 1992, as an alternate date. Seconded by Floyd Roden, all Council Members voted in favor of the motion. Proceeding as a board of audit, the City Council audited and allowed verified accounts Nos. 934 to 969 inclusive. On motion the meeting adjourned. Attest: Jerome Perrault, Clerk JP/..Jeh , NORMAN F. FRESKE, MAYOR DOUG LINDENFELSER, COUNCIL , FLOYD RODEN, COUNCIL . LARRY FOURNIER, COUNCIL , RON BLACK, COUNCIL