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11-23-1992 City Council MinutesSTATE OF MINNESOTA The City Council of the City of COUNTY OF WRIGHT Otsego met this 23RD day of CITY OF OTSEGO November, 1992 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/Zoning Adm., Bob Kirmis, Planner, and Larry Koshak, Engineer, were present. The meeting was called to order by Mayor Norman F Freske. Motion by Ron Black to approve the November 5, 1992 Canvassing Board Meeting Minutes. Seconded by Floyd Roden, all Council Members voted in favor of the motion. Motion by Doug Lindenfelser to approve the Minutes of the November 9, 1992 City Council. Meeting. Seconded by Ron Black, all Council Members voted in favor of the motion. Norman F Freske then declared the Open Forum segment of the agenda to be in session. Gene Goenner said that he has been having problems with Gammon Bros. regarding settlement for damages to planted corn fields and tree removal while constructing Nashua Ave. The tree was 10 foot beyond the construction easement and they have refused to pay for the tree. Mr Goenner said he had checked with a nursery and it would cost $274.00 to replace the tree. Larry Koshak said that using appraiser valuations, the tree would be valued at under $3.00. Gammon Bros. had replanted the tree, but it appeared to be dieing. Doug Lindenfelser said he felt that too high a valuation was being placed on the tree. Larry Fournier and Floyd Roden both suggested waiting until next spring to see if the tree will grow. Mr Goenner said that they still have not paid for crop damage either. The Insurance Co for Gammon Bros. should be the one paying. Ron Black advised the Goenners they should hire an Attorney and file a lawsuit. Norman F Freske said he will personally call Gammon Bros. about the crop damage. Floyd Goenner also had a complaint about the Kincannon fish pond. He said the dike keeps the water table too high and makes his nearby field too wet. The Council requested Larry Koshak to check the Kincannon fish pond. Motion by Doug Lindenfelser to have Larry Koshak talk to Mr. Kincannon about the fish pond. Seconded by Floyd Roden, all Council Members voted in favor of the motion. Larry Koshak discussed acceptance by the City of 70TH Street. from Co 19 to Julger Ave. He said he and Dave Chase had inspected 70TH ST and recommended the following items that need to be corrected: 1. There appears to be ari undrained ditch on the West side of the street near the office and-trailer site entrance at 70TH ST and Julger Avenue. To drain this area would require regrading the ditch to drain to the Southeast. 2. It is our impression that 77TH ST needs more gravel and leveling. STATE OF MINN, COUNTY OF WRIGHT, CITY OF OTSEGO, COUNCIL MEETING OF NOVEMBER 23, 1992 AT 7:30PM - PAGE 2 - 3. A stop sign should be placed at the intersection of Julger Ave and 77TH ST. 4. The fencing contractor has rutted the slopes in many areas and this needs to be restored in the spring as well as debris that needs to be cleaned up. 5. Approximately 400 feet West of the intersection of Kadler Avenue and 70TH Street trucks have entered the topsoil area and while turning have left a ridge on the North side of the gravel shoulder. The ridge needs to be removed and the shoulder established again. 6. The West side of Kadler Avenue South of 70TH Street needs to be finish graded and seeded in the spring. 7. There are rocks on the inslopes that the City will be mowing that need to be removed. 8. Where MN/DOT wishes to turn back streets to the City, the ROW shall be released to the City. Should any existing easement or ROW need to be vacated 'or released, the costs shall be born by MN/DOT as well as any legal expenses. Motion by Larry Fournier to continue to bill MN/DOT for maintenance of 70TH Street until the street is accepted. Seconded by Ron Black, all Council Members voted in favor of the motion. Larry Koshak said MN/DOT will be notified that 70TH Street has not been accepted and that they will continue to be billed for it's maintenance. Mr Koshak also advised the Council that the Kadler Ave Bridge has been approved for replacement. Regarding the Nashua Ae ' Project, the street light is now in and the project is cbmplete. The total project cost is $337,421.95. Motion by Floyd Roden to approve Change Order No. 2 for the Nashua Ave Project which reverses Change Order No. 1 and increases the contract price by $3,300.00, approves increased payment of $1,950.57 to DPA, and decreases payment for bituminous by $6,783.88 because of unitquantity charges, resulting in an overall decrease in contract price by $1,533.31. Seconded by Ron Black, all Council Members voted in favor of the motion. Motion by Larry Fournier to approve final payment of $15,323.99 to Bauerly Bros. for the Nashua Avenue 85TH ST Project. Seconded by Douglas Lindenfelser, all Council Members voted in favor of the motion. Mr Koshak said the Elaine Speaker easement situation has still not been resolved. A small piece of her property was severed when Napier Avenue and the cul-de-sac was constructed. Motion by Ron Black to table the Speaker easement issue until further discussions are held with her. Seconded by Doug Lindenfelser, all Council Members voted in favor of the motion. Motion by Ron Black to have Larry Koshak advise MPCA STATE OF MINN, COUNTY OF WRIGHT, CITY OF OTSEGO COUNCIL MEETING OF NOVEMBER 23, 1992 AT 7:3OPM - PAGE 3 - that the Council has no objection to the renewal of the Darkenwald Permit. Seconded by Floyd Roden, all Council Members voted in favor of the motion. Larry Koshak also recommended that the City be put on the MCPA needs list in case some problems would occur. He said he would be required to report how many on-site septic systems the City has, their age and condition and how many are failing. Motion by Floyd Roden to put the City on the MPCA Needs List. Seconded by Larry Fournier. Ron Black said he was concerned about reporting how many systems are failing because we do not have any data on this. Floyd Roden said he would like to see a Needs List Report before it is sent in and Larry Koshak agreed to do that. Ron Black suggested that Mr Koshak draw up the report first and then review it with the Council before making a decision on whether to put the City on the MPCA Needs List. Floyd Roden withdrew his motion and Larry Fournier withdrew his second. Motion by Floyd Roden to have Larry Koshak draft an MPCA Needs List Report for Council information only. Seconded by Doug Lindenfelser, all Council Members voted in favor of the motion. Antelope Park and Country Ridge Streets have not been officially accepted as yet. Motion by Floyd Roden that Antelope Park and Country Ridge Developers be notified that they will be charged for maintenance of streets until they are accepted by the City and will be billed. Seconded by Larry Fournier. Doug Lindenfelser questioned whether the City wants to set this policy as the Developers could hire others to come in and plow snow and this could cause problems for the City in liability and insurance matters. Larry Fournier and Floyd Roden voted in favor of the motion, Ron Black, Doug Lindenfelser and Norman F Freske were opposed, the motion did not pass. Larry Koshak advised the Council that both the 85TH ST and Quale AVE Construction Projects will have excess material and the Council will need to make a decision if they want any of the material. Doug Lindenfelser mentioned that the street signs are not up yet in the new developments. Mr Koshak said we should at least get the stop signs up now, the rest could wait until Spring. Larry Koshak also mentioned updating the City maps as this could be done during the Winter when he has more time. The Council requested a cost estimate for this project. Bob Kirmis brought up the Comprehensive Plan Amendment to bring the school district parcel into the Immediate Urban C,rarti i r-ra air/ _r r - - STATE OF MINN, COUNTY OF WRIGHT, CITY OF OTSEGO COUNCIL MEETING MINUTES OF 11-23-92 AT 7:30PM - PAGE 4 - support this decision. Motion by Ron Black to table this matter until January, 11, 1993. Seconded by Larry Fournier, all Council Members voted in favor of the motion. Larry Fournier questioned whether we should make the Southern Boundary a straight line and extend the Immediate Urban Service Area to 80TH ST. Ron Black suggested a straight Immediate Service Area boundary line all the way to the river and to the Southern boundary of Section 22, Range 23. Motion by Floyd Roden to table the Abdo, Abdo and Eick contract for auditing services until the previous signed contract is reviewed. Seconded by Doug Lindenfelser, all Council Members voted in favor of the motion. Bill Radzwill asked the Council how much of the City Hall site land they want to include as security for the bonds? He suggested 8 to 10 acres so that the rest of the 73 acres would be free of any encumbrance. Motion by Ron Black to request a Public Hearing before the Planning Commission on December 16, 1992 to consider rezoning the City Hall Property from AG -1 to INS. Seconded by Floyd Roden, all Council Members voted in favor of the motion. Motion by Larry Fournier to request Larry Koshak to prepare a Certificate of Survey for the City Hall site. Seconded by Ron Black, all Council Members voted in favor of the motion. Motion by Ron Black to direct the City Attorney to secure a Court Order in order to register the Easement Document for the John Anderson property on Nashua Avenue on the condition that discussions between Larry Fournier and John Anderson do not produce results. Seconded by Doug Lindenfelser, all Council Members voted in favor of the motion. Norman F Freske appointed himself and Floyd Roden as a sub -committee to investigate hall rental policies of other communities. Mark Wallace was present to discuss Park and Recreation Commission Policies and what the duties of the Chairman should be. He said he thought the Chairman should not only conduct the Parks Commission Meetings, but should also provide direction to the other Park Commission Members in the pursuit of Park Commission business. He also said that he thought all correspondence sent out by the Parks Commission should be on official City of Otsego letterhead stationary. Another concern he had was individual Park Commission Members going ahead with Park Commission business on their own without consulting the other members. He felt anything the Park Commission does should be done as a group and not individually. I Arry F-tirniA.r 4iiriiFaw{ ltd the: f niinni 7 mnci �.ii Mh Tyr -ii yr STATE OF MINN, COUNTY OF WRIGHT, CITY OF OTSEGO CITY COUNCIL MEETING MINUTES OF 11/23/92 AT 7:30PM - PAGE 5 - Rognli to discuss her role with the Parks Commission and Ron Black agreed with this assessment. The Council requested Elaine Beatty to check with Hassan Township regarding recycling policies in Hennepin County. Proceeding as a Board of Audit, the City Council audited and allowed Verified Accounts Nos. 1175 to 1217 inclusive. On motion the meeting adjourned. NORMAN F FRESKE, MAYOR DOUG LINDENFELSER, COUNCIL FLOYD RODEN, COUNCIL LARRY FOURNIER, COUNCIL RONALD G BLACK, COUNCIL ATTEST: JEROME PERRAULT, CLERK JP/eb