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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 co