08-09-1993 City Council MinutesSTATE OF MN The City Council of the City of
COUNTY OF WRIGHT Otsego met this 9 day of August,
CITY OF OTSEGO 1993, AT 7:30 P.M. 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., Judy Hudson, Secretary, Larry
Koshak, Engineer, and Bob Kirmis, Planner, were present. The
meeting was called to order by Mayor Norman F. Freske.
Motion by Doug Lindenfelser to approve the Minutes of
the July 26, 1993, Council Meeting. Seconded by Ron Black,
all Council Members voted in favor of the motion.
Ron Black said he would like to postpone signing the
Albertville Fire Contract Agreement because he would like to
clarify some issues such as no mention of forming a Fire
Board and no mention of 1994 so they could cancel the
agreement on Jan. 1, 1994, if they desired.
Larry Fournier said he would like to have the contract
in place and ready for service by Oct.1 for the residents of
Otsego South of the Freeway. The 911 system would need at
least 30 days to program the area service change into their
computers.
Motion by Ron Black to table the Albertville Fire
Contract at this time. Seconded by Doug Lindenfelser. Larry
Fournier commented that he would like to have a definite date
when the contract will be considered.
Ron Black voted in favor of the motion, Norman F.
Freske, Floyd Roden, Larry Fournier and Doug Lindenfelser
were opposed. The motion did not pass.
Motion by Floyd Roden to table the Albertville Fire
Contract until the Aug. 23,1993, Council Meeting. Seconded by
Doug Lindenfelser, all Council Members voted in favor of the
motion.
Rand Patton presented the Council with a petition signed
by residents from 80th Street South requesting service from
the Albertville Fire Dept. The Council advised him they would
review the petition as the service boundary would have to be
a straight line. Larry Fournier said these issues will be
discussed when they meet with the Albertville Council
Representatives. Ron Black said the Staff will go over the
list of names on the petition and arrive at a possible
service boundary.
Norman F. Freske, brought up the Otsego Creek Agreement.
Larry Koshak said the Council could consider setting up a
taxing district for the Otsego Creek Watershed to fund the
cleaning and restoration of the creek. Floyd Goenner asked if
it would be set up on the basis of the water table and
watershed. The Council advised him the whole Otsego Creek
Watershed should be included.
Bob Kirmis addressed the application of John & Cynthia
Pollari for a CUP to move an existing single family residence
onto Lot 2. Block 1, Vasseurs 1st Addition. The Planning
Commission has approved the CUP in accordance with the
following conditions:
CITY OF OTSEGO CITY COUNCIL MEETING OF AUGUST 9, 1993
Page 2
1. The relocated residence comply with the
applicable requirements of the State
Building Code. This item should be subject
to comment by the City Building Inspector.
2. The subject property is landscaped using
ornamental grass, shrubs, trees or other
acceptable vegetation pursuant to Zoning &
Subdivision regulations by Oct.1, 1993.
Grass seeding may be extended to June 1,
1994.
3. The relocated residence comply with the
applicable requirements of the Zoning
Ordinance for single family dwellings as
follows:
a. The home is constructed upon a
continuous perimeter foundation
that meets the requirements of
the State Building Code.
b. The home is not less than 30 ft.
in length and 24 ft. wide.
c. The home has a minimum roof
overhang of one ft.
d. The home have an earth covered,
composition, shingled or tiled
roof.
e. A building permit is received.
f. All requirements of the State
Building Code or applicable
Manufactured Housing Code.
4. A site survey is modified to establish
drainage and utility easements along lot
lines. This item should be subject to
further comment by the City Engineer.
5. The site survey is modified to identify
drain field locations.
CITY OF OTSEGO CITY COUNCIL MEETING OF AUGUST 9, 1993
Page 3
6. The relocated structure is ready for
occupancy within 6 months of the date of
location on the site.
7. The applicants provide proof to the City
that the house move is performed by a
licensed mover in accordance with
applicable State requirements.
8. The applicants notify the City of the route
and exact timing of the move.
9. A performance security is posted in an
amount determined appropriated by the
Building Inspector and Zoning
Administrator. The security should be
reflective of anticipated improvement Code
(i e foundation, landscaping, septic
system, etc.)
Motion by Ron Black to accept the Planning Commission
recommendation and approve the CUP for John & Cynthia Pollari
in accordance with the listed conditions. Seconded by Floyd
Roden, all Council Members voted in favor of the motion.
Bob Kirmis addressed the Dennis Havel request to rezone
40 acres described as the SW 1/4 of the SE 1/4 of Section 17,
Range 23, located on Nashua Avenue. He wishes to rezone the
40 Acres from A-1 to A-2 Long Range Urban Service.
Mr. Kirmis said that he had prepared a Finding of Facts
in support of the rezoning and the Planning Commission has
approved the rezoning.
Motion by Larry Fournier to accept the Planning
Commission recommendation and approve the Dennis Havel
request to rezone 40 Acres from A-1 to A-2 Long Range Urban
Service in accordance with the Finding of Facts. Seconded by
Doug Lindenfelser, all Council Members voted in favor of the
motion.
Bob Kirmis addressed the Rudy Thibodeau request for a
variance to construct a 13,000 sq. ft. steel sided building
in a B-3 District. The Zoning Ordinance requires not more
than 50% of the building to be steel sided in a 8-3 District
and a precedent should not be set by approval. The Planning
Commission has recommended denial.
Margaret Thibodeau asked when the Ordinance went into
effect that restricted the building to not more than 50%
steel sided as when they first started planning the building
all steel siding was permissible. The Council replied that
the City Zoning Ordinance went into effect in April, 1992.
CITY OF OTSEGO CITY COUNCIL MEETING OF AUGUST 9, 1993
Page 4
Motion by Ron Black to accept the Planning Commission
recommendation and deny the Thibodeau variance request.
Seconded by Floyd Roden,
Doug Lindenfelser said that he thought the steel sided
building would match Mr. Thibodeau's other buildings and we
are changing the rules in the middle of his project'.
Ron Black said that this B-3 District should be a Model
for the City and the variance should be denied.
Dr. Gilgenbach, who owns the Ani -Mall in that area, said
he was concerned about the type of building being planned.
All Council Members voted in favor of the motion.
Larry Koshak recommended to the Council that they
approve Pay Estimate No.1 to Bauerly Bros. for the 85th
Street MSA Construction Project.
Motion by Floyd Roden to approve Pay Estimate No.1 in
the amount of $151,135.98 to Bauerly Bros. Seconded by Floyd
Roden, all Council Members voted in favor of the motion.
Norman F. Freske brought up the Otsego Creek Agreement
for discussion. He said the Albertville Council has revised
it again and now it does not have any teeth in it.
Ron Black commented that the Albertville Council has
changed the Agreement to read repair instead of repair and
maintain.
Larry Fournier said the word culvert was changed to
structures.
Paragraph 14 was changed so that either party could
terminate the agreement instead of requiring a majority vote
of both Councils.
Norman F. Freske suggested that we send a letter to the
MPCA protesting the comment by an MPCA Board Member that it
was only farm land in the Township of Otsego that was
affected by Otsego Creek, as they didn't do their homework
enough to know we are a City instead of a Township.
Ron Black suggested a two -fold motion, first we should
direct Attorney Dick Nowlin to prepare a protest and call for
a Public Hearing on the NPDES Permit for Albertville.
Motion by Ron Black to request our legal counsel to
prepare a protest and request a Public Hearing on the
Albertville NPDES Permit. Seconded by Larry Fournier, all
Council Members voted in favor of the motion.
Elaine Beatty advised the Council that we will soon be
needing coat racks in the City Hall.
Norman F. Freske brought up Zone Meetings for the
Lion's, Jaycee's etc., where they have dinner meetings,
usually catered. They are not money making events as they
just charge enough to cover expenses.
Ron Black suggested having them just pay for the
Building Supervisor and a 1 day liquor license if they want
one.
Motion by Doug Lindenfelser to pay Curt Otterness
$150.00 per month for Medical Insurance starting August 1,
CITY OF OTSEGO CITY COUNSIL MEETING OF AUGUST 9, 1993
Page 5
1993. Seconded by Larry Fournier, all Council Members voted
in favor of the motion.
Motion by Doug Lindenfelser to have a Budget Meeting on
August 30, 1993, at 7:30 P.M. Seconded by Ron Black, all
Council Members voted in favor of the motion.
Motion by Larry Fournier to have a Special Council
Meeting to review the Employee Manual on August 17, 1993, at
7:30 P.M. Seconded by Floyd Roden, all Council Members voted
in favor of the motion.
Motion by Larry Fournier to appoint Ron Black and Floyd
Roden to a subcommittee to investigate police protection for
the City of Otsego. Seconded by Doug Lindenfelser, all
Council Members voted in favor of the motion.
Motion by Larry Fournier to appoint Arleen Nagel and
Norman F. Freske to a Waste Water Treatment Study Sub -
Committee. Seconded by Ron Black, all Council Members voted
in favor of the motion.
Motion by Doug Lindenfelser to accept the quote of Rum
River Contracting Co. $3513.15 to overlay the following areas
Overlay deteriorating areas on 85th Street
between Kadler Ave. & City line, on Kadler Ave
between 80th & 85th Streets, on 80th Street
West of Co. 19 and on 80th Street East of Co.
19, and put a patch over the culvert on 83rd
Street West of the Mason Ave. intersection.
Total amount of overlay & patch to be approximately 7800
sq. ft. Seconded by Ron Black all Council Members voted in
favor of the motion.
The Council set December 11, 1993, as the date for the
Annual City Holiday Party with a Social Hour starting at 6:00
P.M. in the City Hall large meeting room.
Preceding as a board of audit the City Council audited
and allowed verified accounts Nos. 907 to 1001 inclusive.
On the motion the meeting adjourned.
NORMAN F. FRESKE, MAYOR
DOUG LINDENFELSER,COUNCIL
FLOYD RODEN, COUNCIL
LARRY FOURNIER, COUNCIL
RON BLACK, COUNCIL
Attest: Jerome Perrault, Clerk
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