06-28-1993 City Council MinutesSTATE OF MN The City of the City of City of
COUNTY OF WRIGHT Otsego met this 28 day of June, 1993
CITY OF OTSEGO at 7:30 PM. Norman F. Freske,
Mayor, Doug Lindenfelser, Larry Fournier, and Ron Black,
Council Members, Jerome Perrault, Clerk, James N. Barthel,
Treasurer, Elaine Beatty, Deputy Clerk/Zoning Administrator,
Judy Hudson, Secretary, Larry Koshak, Engineer, and Dave
Licht, Planner, were present.
The meeting was called to order by Mayor Norman F.
Freske.
Motion by Larry Fournier to approve the Minutes of the
June 14, 1993, Council Meeting. Seconded by Ron Black, All
Council Members voted in favor of the motion.
Motion by Doug Lindenfelser to approve the Minutes of
the June 15,1993, Special Council Meeting. Seconded by Larry
Fournier, all Council Members voted in favor of the motion.
Auditor Gary Groen was present to review the Audited
Report for the calendar year 1992. Mr. Groen reported that
everything was in good order. He said the General Fund and
Road & Bridge Fund should desirably have year end balances of
sufficient amount to pay the operating expenses for the first
6 months of the following year and this was the case. The
Debt Service Fund appears to have sufficient assessments on
the Assessment Rolls filed with the Co. Auditor to pay the
outstanding Bonds of the City of Otsego as of Dec. 31, 1992,
in the amount of $530,000.00.
Lee Luedke, of 8446 Oakwood Ave, N.E., appeared before
the Council to discuss the drainage of his lot'and the
buildability of his lot. Larry Koshak said the low point of
Mr. Luedke's lot is in the back of his lot. The Drain Field
could be put in front of the house, and Mr. Luedke would also
like to build up the back of his lot some. Mr. Koshak said
that Mr. Luedke should make a sketch plan of what he would
like to do, would need a land alteration permit and also need
a perc test on the front of his lot to determine what type
of septic system he could use.
Gail Wendel appeared concerning fire and rescue
protection in the area of the City South of the 1-94 Freeway.
She said that at the meeting last March, the Albertville
Council and Otsego Council agreed to meet and discuss a new
Fire Protection Contract but nothing has happened. Larry
Fournier informed her that Otsego appointed 2 Council Members
(Larry Fournier and Ron Black) to serve as a Committee to
represent Otsego in contract discussions with Albertville and
appointed them that night during the meeting but Albertville
was slow to appoint their 2 Council Members to the committee
and didn't do so until May when Sharon Anderson and Duane
Kerning were appointed. A meeting has now been set for July
8, 1993, at the Otsego City Hall.
Rand Patton was present and said the residents South of
80th Street on the West side of Co. 19 would like to have
Albertville Fire Protection.
Sara Meyer was present and said that at that meeting
CITY OF OTSEGO CITY COUNCIL MEETING OF JUNE 28, 1993
Page 2
back in March we expressed a desire to have Albertville Fire
protection even at extra cost and why wasn't this done.
Norman F. Freske explained that we thought at that time that
meetings would be held soon to discuss a fire contract and
because the 911 dispatcher has to be kept informed of all
Fire Protection Area changes we were waiting to see, -what the
results of the meetings would be.
Monticello Fire Chief Jerry Wine was present and said
response time to the Vollbrecht Fire was 12 minutes for his
dept. They have service contracts for areas even farther
away and by the same token the Big Lake Fire Dept. serves the
area North of the Mississippi River Bridge by Monticello
which is only 5 blocks from the Monticello Fire Station.
Char Mathies, of 15643 N.E. 96th St., appeared before
the Council to say her son was struck by a car on 96th St.
today but fortunately was not severely injured. She and
other residents of 96th St. would like to have a stop sign on
96th St. at the Parkington Ave. 96th St. intersection as well
as on Parkington Ave. as it approaches 96th St. she said that
she hoped a stop sign would slow down the traffic on 96th
St., an access road to the Otsego Park, as a lot of drivers
do not obey the speed limit.
Ron Black, a resident of Parkington Ave., said he would
be in favor of a stop sign on 96th St. because the visibility
to the West of that intersection is limited. Larry Koshak
said the City Council has the authority to put a stop sign on
96th St. if they feel it is needed.
Ron Black suggested having the City Engineer do a
traffic study in that area and make his recommendations and
do a traffic count on 96th St.
John Darkenwald asked the Council if they have any plans
to hire a dog catcher as stray dogs are a problem in the
Riverbend Park area. Kathy Roberts, an Otsego resident who
works for the Humane Society, said she was also interested to
know if Otsego was going to hire a dog catcher. The Council
replied that they do not have any immediate plans to hire a
dog catcher, that the last person they thought they had hired
failed to take the job.
Dave Licht addressed the John & Cheryl Adams application
for a Conditional Use Permit to operate a Dog Kennel within
an A-1 zoned area. The kennel has been in operation for 18
years and works in conjunction with the Humane Society. The
Planning Commission has recommended approval according to the
following condition:
I. A site plan based on a certificate of
survey is submitted to determine compliance
with applicable City A-1 performance
standards. The site plan should identify
structure locations, driveways, wetlands, etc.
CITY OF OTSEGO CITY COUNCIL MEETING OF JUNE 28, 1993
Page 3
2. A11 dogs are housed inside overnight (from
10 PM to 6 AM)
3. All dogs are to be housed inside when the
kennel operator is not present at the
subject property.
4. Dogs are not allowed to habitually bark in
a manner considered a nuisance as defined
by the City's Nuisance Ordinance.
5. The site plan is modified to indicate
fencing locations.
6 The applicant obtain a kennel license as
specified in the City Code. Per the City
Code, the following conditions must be
upheld in regard to the site's animal
quarters:
a. Indoor housing facilities must
be structurally sound with ample
heat, light and ventilation.
b. Dogs kept outside must have
access to shelter to protect
them from sun, rain, and snow.
c. If dogs are confined by chains,
such chains must be attached so
not to entangle with chains of
other dogs.
d Individual animal enclosures
must be of a size to allow each
dog to turn around fully, sit
and lie in a comfortable
condition.
e. The temperature of indoor
housing facilities shall not be
lower than 5O degrees
Fahrenheit for dogs not
accustomed to lower
temperatures.
f. Disposal facilities are
provided
to minimize virum infestation,
odors and disease hazards.
CITY OF OTSEGO CITY COUNCIL MEETING OF JUNE 28, 1993
Page 4
g. Adequate storage and refridgeration
is provided to protect food supplies
against contamination and
deterioration.
7. No retail activities or commercial
boarding of dogs occur upon the subject
site.
8. Pickup and delivery of dogs is conducted
solely by the kennel operators/property
owners.
9. The outdoor exercise/confinement area is
screened from view of future single family
development to the North. Such screening
may be provided either via a green belt
planting strip (evergreens) or a
modification of the existing chain link
fence to provide a solid screening effect.
All screening shall be subject to city
approval.
10. If signage is to be provided on the
subject site, a detailed sign plan is
submitted which specifies the type of
location and size of all proposed signs.
All signage must comply with applicable
provisions of the Sign Ordinance.
11. If applicable, drainage easements are
provided over the site's wetlands. This
item should be subject to further comment
by the City Engineer.
Motion by Ron Black to adopt the Planning Commission
recommendation and approve the application of John and Cheryl
Adams for a Conditional Use Permit to operate a Dog Kennel in
an A-1 area.
Larry Fournier agreed to second the motion for
discussion purposes.
Don Greninger said he thought it was also a health issue
with 30 dogs in the house.
Mrs. Adams said that she had a tuck under Kennel and
that the dogs were not inside the house.
Doug Lindenfelser said he questioned whether this was a
suitable Kennel.
Dave Licht commented that you (The Council) could
CITY OF OTSEGO CITY COUNCIL MEETING OF JUNE 28, 1993
Page 5
approve the Condintional Use Permit to have the kennel, but
not approve the existing Kennel as it is now. He recommended
that the Council talk to State Inspectors concerning the
suitability of the existing Kennel.
Ron Black voted in favor of the motion, Norman F.
Freske, Doug Lindenfelser and Larry Fournier were opposed,
the motion did not pass.
Dave Licht addressed Micheal Palmer's request for two
Conditional Use Permits, one to have an accessory building
larger than 750 sq. ft. and a second one to have more than 1
detached building on an R-3 lot. The Planning Commission has
approved both Conditional Use Permits according to the
following conditions:
1 A suitable site plan, based on a certificate of
survey is submitted which illustrates the exact
Location and dimension of the site's structures.
(principal and accessory) drainfield, driveway, etc.
2. A building elevation is submitted of the proposed
accessory structure which specifies proposed finish
materials and structure height. All proposed
building materials must comply with applicable
Ordinance provisions and will be subject to City
approval.
3. The proposed accessory structure is not to be
utilized for home occupation, commercial related
activities, or the keeping of animals.
4. All accessory structures upon the subject site
match the principal building in color.
5. If not already existing, drainage and utility
easements are provided along all property lines in
accordance with the City's subdivision regulations.
6. The subject property is provided access via a single
curb cut from O'Brian Ave.
7. A contour/topographic map is submitted to identify
drainage patterns upon the subject site.
Motion by Ron Black to accept the Planning Commission
recommendation and approve a Conditional Use Permit for
Micheal Palmer to allow the construction of an accessory
building larger than 750 sg. ft. and more than one detached
accessory structure for a single family dwelling within an R-
3 District. Seconded by Larry Fournier, all Council Members
CITY OF OTSEGO CITY COUNCIL MEETING OF JUNE 28, 1993
Page 6
voted in favor of the motion.
Dave Licht addressed Tom Vassuer's request for a
Conditional Use Permit to allow the total floor area of a
detached accessory building and an attached garage to exceed
1500 sq. ft. The Planning Commission has approved the
Conditional Use Permits in accordance with the following
stipulations:
1. The accessory building in question is brought into
full compliance with the Ordinance in regard to
building type.
2 The City determine that the proposed amount of on-
site accessory storage (2010 sq. ft.) is acceptable.
3. A revised site plan, based on a certificate of
survey, is submitted which accurately depicts
existing and proposed site conditions (i e
structure configurations, driveways, drainfields,
etc.
4. The accessory structure is not utilized for home
occupation, commercial related activities or the
keeping of animals.
5. A building elevation of the proposed accessory
structure is submitted to determine structure
height and proposed finish materials.
6. If not already existing, drainage and utility
easements are provided along the property lines in
accordance with the City's subdivision regulations.
7. A drainage easement is established over the subject
property's contained drainageway. This item should
be subject to comment by the City Engineer.
8. The accessory building match the principal building
in color.
9. The proposed accessory building not infringe upon
recommended drainage way easement.
Motion by Ron Black to accept the Planning Commission
recommendations and approve a Conditional Use Permit for
Tom Vasseur to allow the construction of an accessory
building larger than 750 sq. ft. and a Conditional Use
Permit for Tom Vasseur to allow the total floor area of
a detached accessory building and an attached garage to
CITY OF OTSEGO CITY COUNCIL MEETING OF JUNE 28, 1993
Page 7
exceed 1500 sq. ft. (2010) sq. ft.) Seconded by Doug
Lindenfelser, all Council Members voted in favor of the
motion.
Assistant Co. Highway Engineer, Dave Montebello was
present and reported on traffic patterns at the Co., -42 -Co. 39
intersection. He said the intersection warrants a 4 -way stop
on both traffic counts and accident rate. The intersection
meets the warrants for a signalized intersection in the early
morning and late afternoon traffic volumes and will probably
meet all the warrants for a signalized intersection in 2 or 3
years. The County proposes to install 12 inch red Flashers
above the stop signs at all four approaches to the
intersection with the County paying all construction costs
and the City will be asked to pay the electric bill and
maintenance.
Motion by Larry Fournier to request Wright Co. to
install 4 -way flasher stop signs at the Co.42 - Co. 39
intersection. Seconded by Doug Lindenfelser.
Larry Koshak suggested that the Agreement Contract
between Wright Co. and the City of Otsego for the
Construction and Maintenance of the 4 -way Flashers System be
reviewed by the City Attorney first.
Larry Fournier said he would let his motion stand and
amend it to read " subject to approval of the Agreement
Contract" by the City Attorney. Doug Lindenfelser seconded
the amendment motion, all Council Members voted in favor of
the motion.
Larry Koshak addressed the re -alignment of the Co.37
Odean Ave. intersection. He said he needs Council approval
to proceed to work with the County on this project. The
County Engineer would like to work on Phase One (ROW) and
Phase Two (preliminary design) at this time but the actual
construction of the intersection may not take, place until
next year.
Motion by Doug Lindenfelser to proceed with plans for
the re -alignment of the Co. 37 - Odean Ave. intersection.
Seconded by Larry Fournier, all Council Members voted in
favor of the motion.
Larry Koshak said he needed a Resolution adopted by the
Council wherein the City agrees to finance any cost above the
State Grant for the replacement of the Kadler Ave. Bridge.
Motion by Larry Fournier to adopt the Resolution by
which the City agrees to finance any cost in excess of the
State Grant for the Kadler Ave. Bridge replacement. Seconded
by Ron Black, all Council Members voted in favor of the
motion. The full text of the Resolution is attached to these
Minutes.
Larry Koshak advised the Council that he was still
waiting for a response from Frankfort Township on the Quam
CITY OF OTSEGO CITY COUNCIL MEETING OF JUNE 28, 1993
Page 8
Ave. access road issue.
Regarding the Albertville EAW for expansion of their
Wastewater Treatment Plant. Larry Koshak said Attorney
Dick Nowlan has protested NPDES approval because Albertville
was not willing to sign an agreement to maintain Otsego
Creek. The total Otsego Creek Watershed comprises nearly 9000
acres with 7000+ acres in Otsego, 900+ acres in Albertville,
500+ acres in Monticello Township and 400+ acres in Frankfort
Township.
Larry Koshak presented the Council with a report on
Traffic Flow Patterns and Structural Conditions of Jalger
Ave. (from 77th St. to 85th St.) 80th St. (from Co. 19 to
Kadler Ave.) and 85th St. (from Kadler Ave. to Jalgar Ave.)
for their study and future discussions.
Larry Koshak advised the council that Mn/DOT will re-
design the Co. 39 w Hwy 101 intersection and move it about
100 ft. further North when they reconstruct Hwy 101. The
City will be required to obtain the Right of Entry for this
re -designed intersection from the property owners involved,
namely Richard Lefebvre, Mary Dare Baufield and Vernon
Kolles. Mn/DOT also plans on building a noise wall along the
KOA Campground that will be 3000 ft. long and 15 ft. high at
a cost of $650,000.
Mr. Koshak said that we are having problems
communicating with the developer of Antelope Park Developer
Mark Woolston regarding uncompleted items in the Antelope
Park Development as he fails to respond to our requests. He
suggested sending a Certified Letter to Mr. Woolston stating
the unresolved matters and concerns in Antelope Park.
Motion by Ron Black to send Mr. Woolston a Certified
Letter addressing Antelope Park unresolved matters and
concerns. Seconded by Larry Fournier, all Council Members
voted in favor of the motion.
Vern Klinkner has a small quantity, (about 1 cu. yd.),
of drillings from his gas station in Crystal that is
contaminated and he would like to spread it on his property
in Otsego. The City Ordinance does not allow the spreading
of pollutants in the City and the Council agreed we should
abide by the Ordinance and not grant him a permit to do so.
John Darkenwald appeared before the Council regarding
his request for renewal of his mining permit on his property
at the S.W. Corner of the Co. 37 w Hwy 101 intersection. He
has agreed to abide by City Mining Permit regulations and the
final grade elevation of the area being mined will coincide
with the elevation of Co. 37 and the new Hwy 101. Motion by
Doug Lindenfelser to renew John Darkenwald's Mining Permit
for 1 year. Seconded by Larry Fournier, all Council Members
voted in favor of the motion.
John Darkenwald commented that, while he agreed to pay
the 5 cent per cu. yd. fee for dirt removed, he did not think
it was right.
CITY OF OTSEGO CITY COUNCIL MEETING OF JUNE 28, 1993
Page 9
Motion by Doug Lindelfelser to appoint Kris Niebler to
the Park & Recreation Commission, Seconded by Ron Black, all
Council Members voted in favor of the motion.
Ron Black discussed toe Wright Co. Water Management
Plan. He said the Otsego Planning Commission has reviewed
the Plan and have determined it would not interfere with any
Water Management Plan the City would have.
Motion by Ron Black to approve the Wright Co. Water
Management Plan. Seconded by Doug Lindenfelser, all Council
Members voted in favor of the motion.
Motion by Doug Lindenfelser to renew the Fire Dept.
Protecting Contract with the City of Elk River for 1 year.
Seconded by Larry Fournier, all Council Members voted in
favor of the motion.
Larry Fournier suggested that the Council consider
purchasing another computer terminal to help the Office Staff
perform their duties.
Motion by Ron Black to contact Vern Heidner in regard to
serving as a Consultant in recommending computer needs for
the City Office. Seconded by Larry Fournier, 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 729 to 762 inclusive.
Motion by Larry Fournier to adjourn, Seconded by Doug
Lindenfelser, all Council Members voted in favor of the
motion.
NORMAN F. FRESKE, MAYOR
DOUG LINDENFELSER, COUNCIL
FLOYD RODEN, COUNCIL
LARRY FOURNIER, COUNCIL
RON BLACK, COUNCIL
Attest: Jerome Perrault, Clerk
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