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06-14-1993 City Council MinutesSTATE OF MN The City Council of the City of COUNTY OF WRIGHT Otsego met this 14 day of June, 1993 OF OTSEGO at 7:30 P.M. Norman F. Freske, Mayor, Doug Lindenfelser, Floyd Roden, Larry Fournier and Ron Black, Council Members, Jerome Perrault, City Clerk, James N. Barthel, Treasurer, Elaine Beatty, Deputy Clerk/Zoning Administrator, Judy Hudson, Secretary, and Bob Kirmis, Planner, were present. The meeting was called to order by Norman F. Freske. Motion by Ron Black to approve the Minutes of the Board of Review Meeting held April 22, 1993. Seconded by Doug Lindenfelser, all Council Members voted in favor of the motion. Motion by Larry Fournier to approve the Minutes of the April 26, 1993, Council Meeting. Seconded by Doug Lindenfelser, all Council Members voted in favor of the motion. Motion by Ron Black to approve the Minutes of the reconvened Board of Review Meeting held May 10, 1993, Council Meeting. Seconded by Ron Black all Council Members voted in favor of the motion. Motion by Larry Fournier to approve the Minutes of the Special Council Meeting held May 13, 1993. Seconded by Doug Lindenfelser all Council Members voted in favor of the motion. Motion by Larry Fournier to approve the Minutes of the Assessment Hearing on the construction of 85th St. held on May 25, 1993. Seconded by Doug Lindenfelser, all Council Members voted in favor of the motion. Motion by Doug Lindenfelser to approve the Minutes of the May 25, 1993, Special Council Meeting. Seconded by Larry Fournier, all Council Members voted in favor of the motion. Joy Swenson addressed the Meeting regarding the establishment of a Historical Preservation Committee of Otsego. She informed the Council that they would need to pass an Ordinance to establish the Committee. Ron Black asked her if there were funds available for the preservation of historical items. Joy Swenson replied that there would be if you established the Historical Preservation Committee. Larry Fournier asked Mrs. Swenson if she thought having a Historical Preservation Committee would help put Otsego on the map and Mrs. Swenson replied that she thought it would. The Council tabled action on her request until the next Council Meeting. Floyd Goenner was present and informed the Council that he intended to tile the wet spot in his field created by the Kincannon pond. He has an established tile line about 100 ft.. away that he plans to hook up with. Motion by Ron Black to write a letter to the Wright County Soil and Water Conservation District and to Richard Kincannon regarding the wet spot in Floyd Goenner's field created by Kincannon's pond. Seconded by Doug Lindenfelser, all Council Members CITY OF OTSEGO CITY COUNCIL MEETING OF JUNE 14, 1993 Page 2 voted in favor of the motion. Floyd Goenner also asked the Council if they were going to participate in the Ag. Preservation Program. The Council advised him they were waiting to see if the farmers were interested in the program. Floyd said he was interested and would like to sign up. Bob Kirmis said the City would first have to get approval from the State to participate in the Ag. Preservation program but he understands there should be no problem in getting approval. Motion by Doug Lindenfelser to approve a one year renewal of the Wine License for Riverwood Conference Center. Seconded by Larry Fournier all Council Members voted in favor of the motion. Motion by Doug Lindenfelser to approve the Off -Sale Liquor License renewal for 1 year for Riverview Liquorette. Seconded by Floyd Roden all Council Members voted in favor of the motion. Motion by Larry Fournier to approve a one year renewal of the Off -Sale Beer License for Tom Thumb. Seconded by Doug Lindenfelser, all Council Members voted in favor of the motion. Bob Kirmis addressed the Christ Lutheran Church request for INS zoning for their property. Mr. Kirmis said INS usually located on an arterial street and the Church meets that qualification. Pre-school classes being planned by the Church would not be appropriate in a residential zoned area. The Planning Commission had turned down the INS zoning for the Church because they felt it would generate increased traffic on Co. 39. Doug Lindenfelser said he did not think an increase in traffic was a justifiable reason to turn down the INS zoning for the Church and Larry Fournier said he thought INS zoning was appropriate. Motion by Larry Fournier to approve INS zoning for the Christ Lutheran Church. Seconded by Doug Lindenfelser. Ron Black said he was not opposed to the INS zoning for the Church but if they intend to provide day care they should have a Conditional Use Permit for that. Rev. Greg Paugh asked if this would conflict with the pre-school activities they have already started. Bob Kirmis said these would be Grandfathered in under the INS zoning. Rev. Paugh explained that the Church's activities are non-profit and a service to the community. All Council Members voted in favor of the motion. Motion by Ron Black to request Northwest Associated Consultants to draft an amendment to the INS zoning which addresses the competitiveness of day care activities. The motion did not receive a second. Ron Black said he was concerned if Rainbow would come in to request an CITY OF OTSEGO CITY COUNCIL MEETING OF JUNE 14, 1993 Page 3 expansion of their business, would they get the same consideration. Mr. Black said he was also concerned that the Council did not address the traffic situation. Doug Lindenfelser and Larry Fournier both said that it would be up to the County and the City to address, if the problem does occur and to provide additional service roads if needed. Bob Kirmis addressed the Wayne Kessler request to rezone 23.7 acres of land in Section 34, Range 24, in the S.W. corner of the City. He wishes to sub -divide the parcel into 3 lots. The rezoning had been approved by Wright Co. but it was not recorded. Mr. Kirmis said he is recommending rezoning from Ag. to Ag. Rural Service PUD. Motion by Ron Black to approve the Planning Commission recommendation to rezone the Kessler land to Ag, Rural Service PUD. Seconded by Floyd Roden, all Council Members voted in favor of the motion. Bob Kirmis addressed the Amendment to the Zoning Ordinance which allows the same size sign (a two sq. ft. sign) for Home Occupation and for Home Extended Business.s. Motion by Ron Black to approve the Planning Commission recommendation and adopt the Sign Amendment to the Zoning Ordinance. Seconded by Floyd Roden, all Council Members voted in favor of the motion. Bob Kirmis addressed the Plude sub -division access. Mr. Dalen said there was some misunderstanding as he thought if Wright Co. would approve a driveway for each lot, which they did, we could go ahead but now you are asking Mr. Plude to come before the Planning Commission to apply for a driveway for each lot. Norman F. Freske and Ron Black both said this matter was before the Planning Commission and Council 2 years ago and it was determined there should be one access to Wright Co. 39 for the 2 lots and we should abide by it. Larry Fournier said they should apply to the Planning Commission for a change in the Sub -Division Agreement that was made 2 years ago and go thru the Hearing process. Doug Lindenfelser said he thought each lot should have it's own driveway. Motion by Doug Lindenfelser to approve a driveway access to Co. 39 for Lot 2 also. Seconded by Floyd Roden. Larry Fournier asked Bob Kirmis what City Policy was in cases like this. Mr. Kirmis replied that City Policy was to limit accesses to high volume roads. Doug Lindenfelser and Floyd Roden voted in favor of the motion. Larry Fournier, Ron Black and Norman F. Freske were opposed, the motion did not pass. Bob Kirmis advised the Council that, after having 2 signs permitted, Historical Fragments has put up a third sign that was not permitted. He said the matter should be referred to the City Attorney and a letter written to the owner that she is in violation of the City Ordinance. Motion CITY OF OTSEGO CITY COUNCIL MEETING OF JUNE 14, 1993 Page 4 by Larry Fournier to have the City Attorney issue a citation to the owner of Historical Fragments that she is in violation of the City Ordinance. Seconded by Ron Black, all Council Members voted in favor of the motion. Bids to replace the Kadler Ave. Bridge were reviewed and opened on June 8, 1993, at 10:00 as follows: Widmer Inc. St. Bonifacious, Mn.. Dennis Fehn Gravel & Ex. Albertville, Mn. Veit & Co. Rogers, Mn. $31,428.00 $26,817.37 $29,613.00 Dennis Fehn Gravel & Excavating was declared the low bidder. Motion by Ron Black to accept the bid of Dennis Fehn Gravel & Excavating to replace the Kadler Ave. Bridge. Seconded by Doug Lindenfelser, all Council Members voted in favor of the motion. Dick Nowlin addressed the Albertville EAW. He said he has met with the City of Albertville and presented the 6 requirements that Otsego wanted considered before the EAW was approved. The 2 points that we really need are a regional study of waste water treatment needs and facilities involving Albertville, St. Micheal, Otsego and Frankfort Township. The second point needed is an agreement to restore and maintain Otsego Creek and we should try to get this agreement in place by June 25. Motion by Floyd Roden to adopt a Resolution to establish a regional study on Waste Water Treatment needs and facilities. Seconded by Ron Black, all Council Members voted in favor of the motion. Mr. Nowlon suggested a Committee from Otsego and one from Albertville develop a plan to restore and maintain Otsego Creek. Costs could be proportional according to the amount each community uses the creek. Ron Black suggested that Otsego draft a plan and present it to the committee and it should include all of the creek all the way from Mud Lake to the Mississippi River. Costs should be proportioned according to usage (i e the 3 miles between Mud Lake and the large wetland could be used more by Albertville and from the wetland to the river more by Otsego. Motion by Floyd Roden that Otsego draft a plan to restore and maintain Otsego Creek and present it to the Committee. Seconded by Ron Black, all Council Members voted in favor of the motion. Norman F. Freske appointed Larry Fournier and Floyd Roden to the Sub -Committee to represent Otsego. CITY OF OT5EGO CITY COUNCIL MEETING OF JUNE 14, 1993 Page 5 Norman F. Freske said that Bauerly Bro's will start the 85th St. construction project (between Page Ave. and Co. 42) next Monday, June 21, and the Ogren -Odell repair projects will be co-ordinated with the 85th St. project. Agent Dan Greene appeared before the Council to Discuss insurance issues. The State has mandated a 16% reduction in Workmens Compensation Insurance rates and the rates will be reduced still further because the experience modification factor dropped from $1.00 to $.91 based on our claims versus premiums paid. Motion by Floyd Roden to approve renewal of our agreement to purchase Workmens Comp. Insurance from the League of Cities Insurance Trust. Seconded by Ron Black, all Council Members voted in favor of the motion. Regarding Hall Rental, Mr. Greene said the League of Cities Insurance Trust requires a Peace Officer on the premises if liquor is served. For private parties, the person's Home Owners Insurance will cover the liability. That person may want to increase his liability coverage for that one day at a small additional one day rate. For those whose Home Owners Insurance will not cover this liability, the State will issue one day insurance for $100,00. This is for parties where the beer and liquor is being given away and not sold. Motion by Ron Black to authorize spending up to $1500.00 on momentos for the City Hall Grand Opening on July 31. Seconded by Larry Fournier, all Council Members voted in favor of the motion. Motion by Ron Black to authorize spending up to $250.00 in advertising for the Open House. Seconded by Larry Fournier, all Council Members voted in favor of the motion. Motion by Larry Fournier to have the Open House of July 31 from 10:00 A.M. to 4:00 P.M. with the ceremony to be at 11:00 A.M. Seconded by Floyd Roden, all Council Members voted in favor of the motion. Ron Black suggested that one person from each group (such as the J.C.'s & Lions) be responsible and given a key to the City Hall. That person would be responsible for whatever happened to the City Hall while his group was using the Hall, both as a group and that person individually. Motion by Larry Fournier to table Agenda Items 8.2 (Hwy 101 access road issue) 8.4 (Mn. Dot. road issue) and 8.7 (4 - way stop at Co. 37 and Odean Ave. intersection) because Engineer Larry Koshak was unable to attend the meeting. Seconded by Floyd Roden, all Council Members voted in favor of the motion. Motion by Ron Black to initiate a Public Hearing on the proposed Liquor Ordinance Amendment pertaining to One -Day CITY OF OTSEGO CITY COUNCIL MEETING OF JUNE 14, 1993 Page 6 Licenses. Seconded by Larry Fournier, all Council Members in favor of the motion. Motion by Larry Fournier to install a Public Phone in the City Hall Hallway. Seconded by Doug Lindenfelser, all Council Members voted in favor of the motion. Proceeding as a board of audit, the City Council audited and allowed verified accounts No.'s 618 to 728 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\co Addendum to Page 2, one more license renewal, as follows: Motion by Floyd Roden to approve a one year renewal of the On Sale Liquor Licnese for Riverwood Conference Center. Seconded by Larry Fournier all Council Members voted in favor of the motion.