04-26-1993 City Council MinutesSTATE OF MN The City Council of the City of
COUNTY OF WRIGHT Otsego met this 26 day of April,
CITY OF OTSEGO - 1993, at 7:30 PM. Norman F. Freske,
Mayor, Doug Lindenfolser, Floyd
Roden, Larry Fournier and Ron Black, Council Members, Jerome
Perrault, Clerk, James Barthel, Treasurer, Elaine Beatty,
Deputy Clerk/Zoning Administrator, Judy Hudson, Secretary,
David Licht, Planner, and Larry Koshak, Engineer, were
present.
The meeting was called to order by Mayor Freske. He
welcomed those in attendance to the first meeting in the new
City Hall Council Chambers.
Dawn Moyer, representing the Trinity Episcopal Church of
Elk River, appeared before the Council to discuss the sale of
the building and lot at 9606 Nashua Ave. (across Nashua Ave.
from the old City Hall) to the City of Otsego. She said the
property was donated to the church by Lois Hall and was used
for a variety of reasons before they received it including a
bar, a temporary church and a temporary residence. The
property has a goad well, the building has two lavatories but
the roof needs repair. The assessed valuation of the
building and lot is $16,000 but Mrs. Moyer said that the
Church feels it should be worth $25,000.
David Licht asked Mrs. Moyer if she had received the
letter he had sent to the Church regarding the property and
she replied that they had not received the letter. Mr. Licht
said he explained in the letter that the City had not changed
the zoning on the property, that all former uses were non-
conforming uses. His suggested use for the property was to
sell it to the neighbor to the North or sell it to the City
for park land because of the small size of the lot.
The City purchased a slightly larger parcel for Park Land
last year at a cost of $1,250.00. Mrs. Moyer and the other
church members were given copies of the letter and they asked
for time to review the letter.
Mark McNamara, of the Wright Co. Soil & Water
Conservation Office, was present to discuss Wild Life Ponds.
He said their Office has a standard plan for constructing a
wild life pond which is available to any one who wants one.
However, if they remove dirt from the site, they must have a
land alteration permit if it is more than 500 cu yds. He
said they get 10 to 15 requests per year frorn people
interested in constructing a pond.
Larry Koshak said that because it is a change in a
Wetland, it should be processed by the City as a Conditional
Use Permit., He also said that it should be initiated at the
City level first and then go to the Wright CO. Soil & Water
Conservation Office. David Licht commented that the City
Ordinance requires a permit if over 50 yds of dirt is moved.
The City Council was in agreement that all Wild Life
Pond applications in the City of Otsego should come to the
City Office first.
Jane Thomson,Co•-ordinator of the Elk River Arts Council,
CITY OF OTSEGO CITY COUNCIL MEETING OF APRIL 26, 1993.
Page 2
appeared before the Council to explain that the Arts Council
seeks to promote the Arts and assist others in Arts
promotion. She requested a donation of $2,500.00 from the
City of Otsego to help finance their program.
Ron Black asked for a formal written request for a
donation for our files so that we may take this into, --
consideration when formulating next year's budget.
Larry Fournier asked Mrs. Thomson how many members of
the Arts Council were from Otsego but she wasn't sure of the
exact number as their address lists were not complete.
Dawn Moyer returned to the meeting and said that her
group would like to have a chance to discuss Mr. Licht's
letter with the other members of their church before reaching
a decision on what to do with their property in Otsego.
Wes Wiskowski, former Wright Co. Commissioner, and now a
Congressional Aid for Second District Representative David
Minge, appeared at..Mr. Minge's request to meet with the City
Council. He said Wright Co. is the largest area he
represents for Mr. Minge. His office is in Chaska and he
would like to open a satellite office in Wright Co. as well.
If any one wishes to meet with him, he will come to meet with
them, they do not have to go to Chaska. He said he was
looking forward to attending the Open House for the new City
Hall when it is held.
Michelle Laverenz, Director of Administration for the
Riverwood Conference Center, was present to request a
temporary sign permit at the entrance of Riverwood to promote
various functions during the year. They would like to have
the sign up for 3 weeks prior to the event except for holiday
parties when they would like to have the sign up for a month.
The functions they had in mind were New Year's Eve & Day,
Valentine's Day, Easter Brunch, Secretary's Week, Mother's
Day, Father's Day and Holiday Parties.
David Licht said the City Ordinance allows for a
temporary sign 3 times a year for 10 days at a time. Sign
usage beyond that should be a permanent sign rather than
temporary.
Motion by Larry Fournier to grant Riverwood Conference
Center a temporary sign permit in accordance with the
provisions of the City Ordinance. Seconded by Doug
L..1ndenfe.lser, , all Council Members voted in favor of the
motion.
Greg Thomas, of 15019 96th NE was present to complain
that when the developers of Antelope Park built the Street by
his home they went beyond the right. -of -way and took out his
trees. They went back 62 ft . from the center of the street,
one big oak tree was 45 ft. from the center line and they
took it out. They did not clean up after the trees we're
removed either.
Larry Koshak said the right-of-way on this street was 40
t't from Lhe center tine. He further said that the project
CITY OF OTSEGO CITY COUNCIL MEETING OF APRIL 26, 1993.
Page 3
was not complete as yet and he would discuss Mr. Thomas'a
problem with the developers of Antelope Park.
Mr. nd Mrs. James Gerad, of 14398 NE 85th St . , were
present to complain about the noise problem they have with
their neighbors. They also have a lot of .junk cars sitting
around. Mr. Gerad said they have called the Deputy sheriff
many times because of loud music and noisy parties during all
hours of the night, By the time the Sheriff gets there, they
quiet down. The City has a nuisance ordinance but they pay
no attention to it.
Mr. Freske said he would personally talk to Sheriff
Hozernpa about this problem.
Mr. Struthers was present and verified Mr. Gerad's
statements about the noise problems.
Larry Fournier suggested that this could be a first case
for the Attorney we intend to hire for Code enforcement.
Deputy Sheritf Mike Eve was present and said they have
been called to this place numerous times, 30 calls in the
last 2 years. Loud music and parties are usually quieted
down by the time they get there.
Ron Black said it is important to call the Deputy
Sheriff while the violation is occurring as he would have to
see or hear the violation before he could make an arrest.
Once the citation issued, it is up to the Co. Attorney to
prosecute the case.
Mr. Gerad suggested bringing a drug sniffing dog on the
premises. Another suggestion was having a Deputy Sheriff
park nearby at night in an unmarked car and listen.
Fabian Sadowski was present to complain that the house
builders in Country Ridge next to his farrn leave junk laying
around and it blows onto his farm. Floyd Roden suggested
withholding building permits form contractors if they don't
keep the construction sites cleaned up. Elaine Beatty
suggested having the Building Inspector advise and warn the
builders to keep the construction sites cleaned up, also we
could include a notice to that effect when the building
permit is issued.
Diane Hillyard was present to request a variance to
allow a single family 2 bedroom home of less than 940 sq ft
(900 sq ft) . Mr. Licht said he approved of the variance
in general but did not approve of the second driveway to the
lot. The Planning Commission had approved the 2nd driveway
because it was already there.
Larry Koshak said he would recommend only 1 driveway for
the lot with a 30 inch culvert.
Diane Hiliyard said she needed 2 driveways because of
the way the buildings were located on the site.
Ron Black said the Planning Commission had went along
with 2 driveways because of the lay of the lot and because it
would probably be split in the future.
Ron Black sunnested leaving the 2 driveways t'orr the
CITY OF OTSEGO CITY COUNCIL MEETING OF APRIL 26, 1993.
Page 4
present and when 87th St is rebuilt, then take a look at it
from a drainage standpoint.
Motion by Ron Black to approve the variance applications
of Diane Hillyard to move in an existing home, to have a home
smaller than 900 sq ft., and to have a second driveway as a
Conditional Use Permit subject to removal if a road
construction or drainage project determines it's removal to
be necessary. Seconded by Doug Lindenfelser, all Council
Members voted in favor of the motion.
Big Ed's trailer Sales violations were discussed. He is
operating a commercial sales place on property that is zoned
Agricultural. Mr. Dauphanis was present to say that the
motor home he had for sale was his own.
David Licht said he had prepared a letter to send to Big
Ed's Trailers Sales informing him that he is in violation of
City Codes, that there is no record of a zoning change to
commercial for the._property, that code enforcements will be
forestall if he chooses to apply for a zoning change no later
than May 17, 1993. He should also be advised that rezoning
will not necessarily be granted if he applied, the rezoning
would need to be analyzed upon it's merits and evaluated on
the basis of the City's Comprehensive Plan.
Motion by Larry Fournier to send the letter to Ed
Dauphanis (Big Ed's Trailer Sales) informing him of the
Ordinance violations and what he must do if he wishes to
continue his business. Seconded by Doug Lindenfelser, all
Council Members voted in favor of the motion.
David Licht discussed private roads in the City and said
the City would need a Zoning Ordinance Text Amendment to
address this issue.
Motion by Ron Black to have the Planning Commission
review the Zoning Ordinance Text Amendment on Private Roads.
Seconded by Floyd Roden. Ron Black commented that the
City must be careful not to get involved in a neighborhood
dispute when dealing with private roads. All Council Members
voted in favor of the motion.
David Licht addressed the advertising sign of the
Antique Shop located in the NE Quadrant of the Co. 42 -Hwy 101
intersection. He said the sign was put up without a permit
and should be removed. The owners have since come in and
paid the permit fee.
Ron Black said the owners of the Antique Shop ignored
the City Ordinance when they put the sign up and should be
given a citation.
Larry Koshak was present and said he had met
with Frankfort Township to discuss Quam Ave. as an access
road for Hwy 101 from 62nd St . South to the Co. 36
intersection. The Frankfort Town Board was in agreement that
Quam Avc . was .i Good idea for both communities. He suggested
holding a joint meeting for Otsego and Frankfort residents to
discus::: possible rOU :'a f01- ..ha.: road.
CITY OF OTSEGO CITY COUNCIL MEETING OF APRIL 26, 1993.
Page 5
One resident asked why the North route to Co. 37 was
given up. Floyd Roden said one reason was that MnDOT had
backed out on putting s signal light at the Co. 37 -- Hwy 101
intersecton.
Motion by Floyd Roden to have a joint meeting with
Frankfort Township on Thursday, May 13 at 7:30 PM with
Thursday, May 20, at. 7:30 PM as the alternate date. Seconded
by Larry Fournier, all Council Members voted in favor of the
motion.
Glen Beltrandt asked if it were possible to get some
preliminary plans before the May 13 meeting so that the
residents could discuss it before the meeting. Larry Koshak
said he would try to get information to the residents prior
to the meeting.
Mr. Beltrand commented that it appeared to be a lot
cheaper to build the road South. Larry Koshak said it was
1500 ft South as compared to 2600 ft to the North.
Floyd Roden said another item to consider when planning
the road is school bus routes.
Larry Koshak introduced Attorney Dick Nowlin whom the
City of Otsego is considering to represent Otsego in the
Albertville EAW for their Waste Water Treatment Plant
expansion. Mr. Nowlin said he worked for a large law firm
with offices in Minneapolis, St. Paul and Denver and works on
PCA issues frequently. Norman F. Freske asked what procedure
he would follow. Mr. Nowlin said the first thing he would do
would be to review all documentation on the project and then
take a look at it from an Otsego perspective. From the
information he has so far, it appears the Plant Expansion
will have a large impact in Otsego. MPCA does not like
squabbles between Cities but it does not approve of
inadequate EAW's. One approach would be a test case Hearing.
The EAW Hearing is scheduled for late May and the MPCA has 60
days after that to consider whether to request an EIS. Mr.
Nowlin said Otsego could take a hard line approach and demand
an EIS or take a controlled approach. In a controlled
approach, Otsego would tell MPCA what conditions they would
want and expect. Demanding an EIS may not be the best
approach. Mr. Nowlin further said that he would not
advocate litigation but prefers to work with MPCA to get .it
.done right.
Larry Koshak commented that he feels Mr. Nowlin has the
experience to do a good ,lob.
Motion by Ron Black to accept the April 21, 1993 letter
from Mr. Nowlin offering his services to Otsego and to retain
his services. Seconded by Floyd Roden, all Council Members
voted infavor of the motion.
Larry Fournier asked Mr. Nowlin how soon he would start
and he replied right away.
Larry Koshak said the MnDOT District Engineer has
aporoved the Kai:! 1. er Ave Bridge project and this could be bid
CITY OF OTSEGO CITY COUNCIL MEETING OF APRIL 26, 1993.
Page6
in June
Mr. Koshak said he has prepared a traffic study of
residents of Monticello Township who use JalgoT Avenue to get
to I-94. He recommended that the City do traffic counts in
that area.
Motion by Ron Black to authorize Larry Koshak t9- do
traffic counts in the Jalger Avenue area. Seconded by Larry
Fournier, all Council Members voted in favor of the motion.
Floyd Roden said that Rand Patton is circulating a
petition concerning use of 85th Street, Kadl*r Ave and 80th
Street as a haul road by MnDOT.
Lorry Koshak reported to the Council that $28,633.48 has
already been spent on the 0uale Avenue access road project
for engineering, legal and appraisal fees and now we are
looking at a different route. He said he felt we should
request additional funds from MnDOT because of the problems
we are *noounterinQ to obtain right -of -Way for the access
road for Hwy 101,
Motion by Larry Fournier to request Larry Koshak to
apply for additional funds from MnDOT for the Oumlo & Oumm
Ave access road projects. Seconded by Doug LiDd*nfelaer, all
Council Members voted in favor of the motion.
Larry Koshak advised the Council that Wright Co. is
considering installing flashing stop lights at the Co. 42
CO. 39 intersection at no cost to the City.
Mr. Thomas Shroyer, who works for the Monticello -Big
Lake Hospital Counseling Center, reported to the Council that
the Counseling Center is considering the possibility of
establishing a satellite office in 0taego and would be
interested in leasing an office room in the new City Hall.
If interest warrants it, they could be considering building a
Counseling Center facility in Otsego in the near future.
Larry Fournier asked how much of the time they would be
using the office room. Mr. Shroyer said it would be on a
full time basis with hours from 1030 in the morning to 9:30
in the evening.
The Council was receptive to the idea of leasing an
office room to the Counseling Center. They are currently
paying $238,00 per month for similar space in Elk River.
Ron Black suggested that a sub -committee be appointed to
negotiate an agreement with the Counseling Center.
Norman F. Freske appointed Ron Black and Floyd Roden to
sub -committee to negotiate an agreement with the Counseling
Contor'
Mr. Shroyer said he would report to Barb Schweinteh that
tho Council was receptive to the idea of leasing an office
room.
Complaints have been received that the construction
manager has been too slow at approving bilis for oonstruotinq
th[iiy Hall.
Mot7i^n by Ron Black Lo authorize the Mayor to approve
CITY OF OTSEGO CITY COUNCIL MEETING OF APRIL 26, 1993.
Page 7
payment on all bills approved by Construction Manager Don
Meinhardt and to request Mr. Meinhardt to submit all bills
within 2 days of this meeting. Seconded by Doug
Lindenfelser, all Council Members voted in favor of the
motion.
The Council discussed the use of the City Hall meeting
Room and kitchen by the Lions, Jaycees and similar non -..profit
organizations and whether they should pay for the use of the
City Hall, specifically those organizations who donate funds
and services to the City. Norman F. Freske said, in his
opinion, they should not have to pay for use of the Hall if
they donate to the City.
Ron Black said it would be difficult to make a
distinction between groups, that it could create
misunderstandings and discrimination problems. In his
opinion, all groups should be charged the regular rate,
Norman F. Frecike commented that if the Lions were to put
on a pancake breakfast, they could not afford to pay the
rent and expect to make a profit.
Ron Black said the Elk River Lions pay rent for the use
of the Elk River School.
Doug Lindenfelser said he thought all groups should at
least pay something for the use of the City Hall as the City
does have maintenance expenses.
Motion by Doug Lindenfelser to charge all organizations
$300.00 each time for use of the City Hall., Seconded by Ron
Black. Ron Black, and Doug Lindenfelser voted in favor of
the motion, Norman F. Freske, Larry Fournier and Floyd Roden
were opposed, the motion did not pass.
The Council will further research the policies of other
Cities in the use of their facilities by non-profit
organizations.
Commissioner Pat Swatzke was present and said six people
from the Wright Co. "Sentence to Serve" group will be coming
out t assist the City on "Clean Up Day" May 1st.
Motion by Ron Black to continue the Board of Review
Meeting on May 10, 1993, at 7=00 PM. Seconded by Larry
Fournier, all Council Members voted in favor of the motion.
Judy Hudson suggested paying $1.00 more per appliance
for removal on Clean Up Day and having enough trucks on hand
.to .load them all upon Clean UP Day. The Council agreed
with her idea.
Judy Hudson also said that the East and South windows of
the City Hall need blinds to control and amount of sunlight
coming in. Vertical blinds can be purchased for from $110.00
to $141.00 per window and horizontal blinds for $82.00 p< r
window.
Motion by Larry Fournier to purchase vertical blinds for
the E_t1eat and South windows of Lha.? City Hail. Seconded by Ron
Black„ all Council Members voted in favor of the motion.
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CITY OF OTSEGO CITY COUNCIL MEETING OF APRIL 26, 1993.
Page 8
for Andrew Merges to attend Assessors School. Seconded
by Larry Fournier, all Council Members voted in favor of the
motion.
Motion by Ron Black to wend a letter to the Minnesota
State Council an Disability requesting more information on
the complaint that was filed concerning the new City,.Nall.
Seconded by Larry Fournier, all Council Members voted in
favor of the motion.
Motion by Ron Black to accept Jacquie Rognli"s
resignation from the Parks Commission. Seconded by Larry
Fournier , all Council Members voted in favor of the motion.
Motion by Ron Black to request Elaine Beatty to send a
formal letter to .Jacquie Rognl. i.. thanking her for all the work
she has done on the Parks Commission. Seconded by Floyd
Roden, all Council Members voted in favor of the motion.
Larry Fournier said that Cidling Reinker has expressed
an interest in being on the Parks Commission. The Council
requested Mr. Fournier to contact Mr. Reiker and report back.
If Mr. Reiker is still interested, the Council would then set
up an interview meeting with him.
Floyd Roden suggested planting prairie grass on the back
15 acres of the City Hall property. He can hire it done for
$260.00 including the seed. The Council advised him to go
ahead with the seeding.
Motion by Floyd Roden to pay the $500.00 retainer fee to
Doherty Rumble and Butler. Seconded by Ron Black, all
Council Members voted in favor of the motion.
Motion by Ron Black to authorize Matthew Blesi to
proceed with his plan to submit a questionaire to residents
on Clean Up Day to coincide with his college studies on
environmental issues and to request Mr. Blesi to submit a
report of his findings to the City Council. Seconded by
Larry Fournier, all Council Members voted in favor of the
motion.
Ron Black suggested that the 3rd maintenance man (which
the Council plans on hiring) should also be in charge of
cleaning the City Hall.
Proceeding as a board of audit, the City Council audited
and allowed verified claims Nos. 419 to 466 inclusive.
On motion the meeting adjourned
NORMAN F. FRESKE, MAYOR DOUG LINDENFELSER, COUNCIL
LARRY FOURNIER FLOYD RODEN
RON BLACK
At:t:. 1.. 2rome Perrault., C1