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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 JP:co