09-27-1993 City Council MinutesSTATE OF MINNESOTA The City Council of the City of
COUNTY OF WRIGHT.._ Otsego met this 27TH Day of
CITY OF OTSEGO September, 1993 at 7:30PM for
the regular scheduled Council
Meeting. Mayor Norman F Freske, Doug Lindenfelser, Floyd
Roden, Larry Fournier and Ron Black, Council Members, James N
Barthel, Treasurer, Elaine Beatty, Deputy Clerk/Zoning
Administrator, Judy Hudson, Secretary, Larry Koshak,
Engineer and Bob Kirmis, Assistant Planner, were present.
The meeting was called to order by Mayor Norman F
Freske at 7:30PM.
Motion by Larry Fournier to approve the minutes of
September 8, 1993 Special Council Meeting as written. Doug
Lindenfelser seconded the motion. Motion carried
unanimously.
Motion by Doug Lindenfelser to approve the September 13,
1993 Public Hearing Minutes of #101 Service Road Quale/Quam
Avenues as written. Floyd Roden seconded the motion. Motion
carried unanimously.
Motion by Doug Lindenfelser to approve the September 13,
1993 minutes of the regular Council Meeting as written.
Larry Fournier seconded the motion. Motion carried
unanimously.
Motion by Larry Fournier to approve the September 14,
1993 Special Budget Meeting minutes. Floyd Roden seconded
the motion. Motion carried unanimously.
Agenda Item #3: DAVE CHASE - Discuss new sander for the
maintenance department. Dave Chase was not at the Council
Meeting.
Agenda Item #4: JEFF ASFAHL - Recreation Update
'Mr Asfahl thanked the Council and Beatty for getting him on
the Agenda. He gave out some information on the Joint
Recreation Board's progress. He said Summer is the biggest
time of the year for the recreation program. He addressed
the host facility/program and participant numbers. Otsego's
residents have to take part in the Elk River, Rogers or
Zimmerman programs because of lack of facilities in Otsego
said Mr Asfahl. He said Judy Hudson helped him go thru the
list to get a count of Otsego residents of 115. He said some
of them were probably missed. Open Gym and those types of
programs are not counted as they don't keep track. He is
pleased with the numbers. Mr Asfahl talked about upcoming
opportunities and they had a wood lot program last week at
the Otsego City Hall and woods. He is working closely with
Otsego. They have a potential ice rink planned for this
winter with ice skating lessons, etc. He sees our programs
being comparable with Rogers and Zimmerman. Otsego's New
City Hall will provide some unique opportunities. The need
for bicycle safety programs has been brought to his attention
by Darlene Solberg. The #728 Rec. Program promotional packet
with the shoe lace is now being included in Otsego's City
information packet to new residents. He closed and asked if
there were any comments or questions.
arr•'✓ Rr- rni ar ac-,,kor-i if any nab.' nrnrirama ara in i-hn
CITY OF OTSEGO COUNCIL MEETING MINUTES OF 9/27/93 AT 7:30PM-
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offering for next season? Mr Asfahl answered bike rodeo,
skating lessons, etc. and the potential is tremendous in the
community.
Mayor Freske asked what age groups would this cover?
Answer; Youth programs, preschool to early teenage.
Doug Lindenfelser asked what SPORT stands for. H6
answered Summer Playground Organized Recreational Time.
Roden stated that Jeff is doing a pretty good job with
the recs. program.
Mr Asfahl said he wants to hear from the community what
is needed.
Mayor Freske read the list of participants to the
audience and thanked Jeff. (See information attached EXHIBIT
A)
Agenda Item #5 DAN GREENE - 1ST NATL INS - Update on
Renewal:
Mr Greene had a handout which is attached as (EXHIBIT B)
He explained the information on Exhibit B. He said Marinco,
which is Hartford and Titian, which is a Group of Companies
had both declined to give a price, because the League of
Cities Insurance is constantly less for the second year in a
row. He explained the League of Minnesota Cities Trust and
the coverage under the League. They can't replace that
coverage anywhere else. The League is returning the profit
to the Cities. Mr Greene went on to explain the figures and
that property went up 4% increase from last year. We had the
addition of the City Hall. He discussed large equipment and
Inland Marine. He explained the rest of the report. Errors
and Omissions are included with General Liability this year.
We have had added amount this year because of the increase in
the property and expenditures. Last year we did not have much
of a dividend. This year it will go up 10 or 11% he has been
told. He said the six year Cities in the program get almost
100% back now. Workmen's Compensation is not a big item yet,
but we will check it when it comes up.
Larry Fournier read from Hakanson Andersons News Letter
about flood insurance. Are we eligible for flood insurance?
Dan Green said yes we are. He cautioned people on what it
pays for etc.
Mayor Freske asked if it is expensive? Mr Greene said
it is quite expensive and most flood insurance is pretty much
the same.
Agenda Item #6: OPEN FORUM:
ROGER KIRSCHT - Appeared before the Council and Stated he
lives on LaBeaux Avenue in Otsego. He has been trying to get
a mound system approved. It is getting late in the season
and how can we get it done? He had a letter from Engineer
Larry Koshak.
Mr Koshak said the problem is with the designer. He
submitted a sub• -standard design. The second time he
narf of i f anis WP t.c)1 r', him he had not.
CITY OF OTSEGO COUNCIL MEETING MINUTES OF 7/27/93 AT 7:30PM-
PAGE 3 -
submitted a scaleable plan for the site. We were applying
the same rules to everybody who submits plans here. This is
the first time this guy has worked in the City of Otsego.
Larry Koshak and Jerry Olson both have been working with
him and agree that he does not have correct information.
Larry Fournier said maybe it would help if Larry'Koshak
met with the installer.
Larry Koshak had doubts that it would work. This same
installer is installing the system for Alfred Valerius. Mr
Holton has to submit a site plan. We have been requiring
this for two years.
Mr Kirscht said that Holton has been working in
Sherburne County and they do not require the same
information. He questioned not having to get the same
information for his septic repair to his present home.
Mr Koshak relayed the information that they have setback
requirements for the house, well, etc in the Ordinance. We
have to have all this in detail.
Mayor Freske stated that you have to treat everyone
alike. The installer should provide the information as
stated in Mr Koshak's letter of September 23, 1993.
Ron Black said he didn't think there is much the Council
could do. The Building Inspector should guide him thru this.
Mound systems are sent to Koshak's office for review. A
standard system is handled by the Building Inspector. On a
repair system he has the option to get advice from the City
,Engineer.
Judy Hudson said that Jerry Olson has talked to the
designer several times.
Doug Lindenfelser said a decent site plan is what we are
all waiting for (to scale).
Mr Kirscht said he can get a site plan.
Mr Koshak said we need to have the contours at two foot
interval minimum.
Ron Black said that the simplest way to resolve this is
to give the installer a copy of the rules.
Doug Lindenfelser said he should check with Jerry Olson
as to what is needed for the site plan.
TERRY WOOD - A resident who is affected by the high
water in the pond by LuConics property came before the
Council. He asked about the water level of the pond and if
the City is doing anything about drainage. He was told that
issue will be addressed with Engineer Larry Koshak's items.
FLOYD GOENNER - A Otsego Resident who lives on Nashua
asked if there is anything being done on 83RD to the
Mississippi on Otsego Creek? He was told it would be
addressed with the Engineer's items.
Agenda Item # 7. NAC's OFFICE, CITY PLANNER: Bob
Kirmis appeared before the Council.
#7.1. Amendment to Zoning ORd. on Accessory Bldgs.
n .., 1, 1A.n .o k n k i a k,-4 nn
CITY OF OTSEGO COUNCIL MEETING MINUTES OF 7/27/93 AT 7:30PM
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oversize accessory buildings. The Council has asked the
Staff to explore an Amendment to the Ordinance pertaining to
accessory buildings which would allow the applicants to save
time and money in not having to go thru the administrative
process.
Bob Kirmis brought up the proposed Amendment to the
Ordinance that the Planning Commission has recommended to the
Council (See attached information on same). He read the
information and explained that the Planning Commission has
recommend approval of this Amendment to the Zoning Ordinance
on Accessory Buildings.
Ron Black motioned to adopt the Planning Commission
recommendation to the Amendment of the Zoning Ordinance on
Accessory Buildings. Doug Lindenfelser seconded the motion.
Ron Black asked Mr Kirmis if there were any Cond. Use
Permits granted for accessory buildings larger than 1500 Sq
Ft. Kirmis said yes, probably one and explained.
Mayor Freske stated that the reason for this Amendment
is the large number of accessory building requests for CUP we
have had.
Motion carried unanimously.
Bob Kirmis brought up the Otsego Creek item 9.3. and
said that on August 16, 1993 the City received a letter from
the DNR saying that the Shoreland Ordinance was generally
acceptable providing one modification was made. The part of
Otsego Creek in the Wild and Scenic area being designated as
Wild and Scenic Creek. What we have in the ordinance now
'comes from earlier correspondence. David from NAC wrote a
letter to the DNR asking for clarification. The September
18, 1993 letter from the DNR provides documentation that a
portion of Otsego Creek should have been designated as a Wild
and Scenic River. It states we had been informed by the area
Hydrologist to that effect. Kirmis explained. The North
segment is in the Wild and Scenic and will be subject to Wild
and Scenic regulations whether we make this change or not.
This letter was drafted by Sandy Fecht. Kirmis has prepared
a letter to DNR stating this and that we want to clarify the
record. He had copies for the Mayor and Council and he had
sent this letter out. When he receives a call from Sandy
Fecht he will update the Council.
Agenda Item 9.2. Weidenbach billing
Kirmis explained NAC's Memo of 9/14/93. It was a one
per 40 Split with a 4.4 acre lot proposed. The uniqueness of
this request is what made the billing higher. The site is
unique in shape. The containment in shoreland overlay
district and access easement to adjust the property. The
memo provides a listing of the issues involved in this
request. The soil needed to be determined non -tillable. We
required the lot lines to be perpendicular to the frontage.
We needed to determine all of this. One per forty splits are
aiitnm ,t ira1 t'.i �cn Adml n �:tratiVe1Y, butbecause of larger
CITY OF OTSEGO COUNCIL MEETING MINUTES OF 9/27/93 AT 7:30PM
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lot size than 2-1/2 Acres it was more involved.
Mr Koshak - We needed to determine where the wetlands
were. They are DNR protected. The plans were sent back to
the Surveyor to identify wetlands. The septic tank
drainfield got reviewed several times and the access to the
site was reviewed. The uniqueness to the site required
additional time and money.
Mike Widenbach stated he got his sewer approved, but it
was over, one foot or two feet above flood level. .It was in
excess and they kept adding things on and we got phone calls.
There was not the common decency to return the phone calls.
Mr Koshak - Said we responded to the contractor you had
preparing the documents. The sea level information was
regulations. We needed rational for approving the septic.
The DNR designated ditch needed to be determined.
Mr Weidenbach - stated that there wasn't enough
clarification on what was needed.
Mayor Freske stated that in Mr Kirscht case they told
him a month ago what was needed, but he didn't bring in the
information.
Mrs Weidenbach asked if it could be explained to her how
you can approve a sewer before the house?
Mr Koshak said that the locations of the drainfield was
approved only.
Doug Lindenfelser asked if the Council would consider
reducing the amount?
Ron Black stated he has seen nothing that supports
lowering the amount.
Helen Weidenbach said it went back and forth too long
and she would like to get paid for her phone calls.
Larry Fournier asked if there were any costs that should
have been borne by the City?
Mr Koshak - For our part, it was one of the first of
it's type that we had in the City. The problem was that the
site plan failed to provide the information we were asking
for. It was one of a kind.
Larry Fournier said that due to the uniqueness of this
request I motion to have the City pick up $200.00 of the
amount of the invoice. Doug Lindenfelser seconded the
motion.
Ron Black stated that before we make a decision on this
he would like to know who the Engineer or Surveyor was and I
would like to have written information that this surveyor
did provide all the information asked for, before we make a
decision. There was more discussion.
Doug Lindenfelser said if we can get this solved and
over with we would be better off.
Ron Black said he would like to have all the information
in front of him before he would agree to do any discounting
on the bill.
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Doug Lindenfelser stated he thought being a new City
starting out it is possible that the City is liable for part
of this.
Mayor Freske said that maybe we should find out so we
know in the future that they have the right information.
Motion carried with Floyd Roden, Doug Lindenfelser,
Larry Fournier and Norman F Freske voting for and Ron Black
opposing the motion.
Agenda Item 7.2. Any other Planning Business
The EDA/Council meeting on October 18, 1993 at 7PM (Monday)
was brought up. Larry Fournier said he had talked with Rudy
Thibodeau of Minn -E -Golf and Hobby and he wanted to resign
from the EDA Advisory Commission. Mr Thibodeau would like to
meet with the Council, David Licht and the Zoning
Administrator to discuss the issues. He said that Rudy
Thibodeau is a very good person to have on the EDA Advisory
Committee.
Roden said he read the letter and he feels there is some
concern on both sides. Possibly a meeting can be set up
prior to the next EDA meeting.
Larry Fournier motioned to have a meeting with the
Council/City Planner/Rudy Thibodeau and the Zoning
Administrator at 6:30 October 18, 1993. Doug Lindenfelser
seconded the motion. Motion carried unanimously.
Agenda Item #8. LARRY KOSHAK, CITY ENGINEER:
8.1. 85TH Street Proj (Page -42) Project update.
Mr Koshak explained that the compaction on 85TH Street
wasn't at the 100% mark. It was at 90%. It won't affect the
strength of the road. It is State Standards. We will get
$3,500.00 back on the project because of the difference in
compaction.
8.2. Otsego Creek Wetland update (DNR INFO)
Mr Koshak stated he had just received the reports from
the DNR. They have made a 100' error in elevations. He will
talk to the DNR to get a revised copy. He has copied the
information on a map and he went over the elevations of the
different ponds. He stated that on LuConics pond there is an
error in the numbers, but they have established that there
was 1/2' of water overflow to the residential properties. The
pond by Nashua is controlled by McAlpines culvert in their
driveway. The pond by McAlpines drains into LuConics pond.
The question is, does 83RD Street pond affect this system.
DNR Said overland it does not affect the other system. It
could be affecting it undergound from ground water. The
water on mason got as high as the road at one time. The DNR
did survey the ditch area and the foliage was so heavy they
didn't feel they could do it now. They would have to wait
until fall.
Floyd Goenner asked about a water level at 920.7 and Mr
Koshak told him it is the ordinary high water level. The
highest is 922.7 (It's the highest the water got). You can
CITY OF OTSEGO COUNCIL MEETING MINUTES OF 9/27/93 AT 7:30PM
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drain the pond down to 1-1/2' below the water level. Mr
Koshak explained that some of the ditches are at 918 level
and would have to be lowered to pull out the water.
Mr Goenner said that the ditches had been cleaned 40 or
45 years ago.
Mr Koshak said that the next step would be to mee'r with
the DNR and possibly the Corps of Engrs and come up with a
plan under the regulations that we can live with. There is a
wetland that has not been determined yet that is behind
Beckman's land.
Ron Black asked if on Mason where it shows 918, is it a
culvert elevation?
Mr Koshak said it is the top of the road. There is some
information here that can be applied to the hydraulics of the
culverts. You may have to resize the culverts or set your
culverts different or put several culverts in. Between 83RD
and Mason it needs to be redefined as a ditch. The Ken Davis
property seems to be quite clean. There are some trees and
brush which need to be cleaned. I think we know what we have
to do with Otsego Creek. The problem is by LuConics. How do
we handle it? We would almost be obligated to put some sort
of control structure in there. With a undeveloped piece of
property it would be a problem knowing where to put a tile.
It is expensive to run a pipe along Nashua said Koshak. We
now have easements on Havel's land, but we need easements on
LuConics land.
Mr Koshak said he will talk to the DNR and Corp of Engrs
"about this and he will report back at the next Council
meeting. He has requested that Mr Oschwald meet with them on
the Rice Lake Watershed.
Information was given to the public on the disaster
relief and grant money.
Agenda item 8.3. Update on 101 Access Road - Mn/DOT
On the Frankfort area #36 to #37 access road, in
Frankfort, Mn/DOT will not be acquiring the right of way.
Larry has invited Mr Benson to be at our meeting to discuss
this. Mr. Koshak suggests if Frankfort feels this is an
important issue, maybe there should be a joint meeting to set
down with Werner's to discuss this issue. If Frankfort
doesn't help us, we will be at a loss.
Ron Black asked why are the local units of government
being put in the middle of this? When freeways are built,
doesn't the State put in the frontage roads?
Mr Koshak said the general way the procedure is handled
is have the Cities or Communities determine and acquire their
own right-of-way. If they would have to hold the Hearing and
get right-of-way, they would bill us.
Ron Black said he is all for local input. If Werner's
say no, somebody will have to bite the bullet on that.
Mayor Freske agreed. We didn't want a wall, but they
f h , nri)t^had
CITY OF OTSEGO COUNCIL MEETING MINUTES OF 9/27/93 AT 7:3OPM
- PAGE 8 -
by Larry Koshak and the Council. He asked if he had a
meeting with Mn/DOT, would some Council Members like to
attend. All of the Council agreed they would.
Larry Fournier said to proceed with Otsego Creek. All
Agreed. They thought an organizational meeting would be good.
Elaine Beatty was directed to send a letter to the Cit of
Albertville stating who from Otsego is on the Otsego Creek
Authority and we would like to know who from Albertville has
been appointed. We would like to have a meeting of the
Otsego Creek Authority in October before the 20th, which is
within the 90 day period.
Floyd Roden stated that Otsego needs to pass a
Resolution stating that the City needs to ban parking on
County Road #39.
Ron Black commended Larry Koshak for all his hard work
to get the flashing lights on #39 and Parrish. Some
discussion was had on people running the stop signs and a
number of accidents since the lights and stop signs were
installed.
Larry Fournier said that the signs on Page, one says
Page Avenue and one says Page Street. Larry Koshak will
check it out.
The Council stated that they want Public Works
discussion added to the next Agenda for the Council Meeting.
Agenda Item 9.4. Odean and #37 Intersection Billing:
Jerry Perrault had asked to have this on the agenda. Beatty
didn't know why.
Ron Black asked if the County has information on the
topos, etc. Mr Koshak explained what they had done and they
had talked to people about right of way. It's the way Wayne
Fingalson wanted it done. This project is a joint one
between the City of Otsego and Wright County with MSA and
CSAH Funding.
Agenda Item 9.1. Any New City Hall Business
Floyd Roden said we had not paid the remainder of
Corrow's bill, but we can now as he came out and finished up
the work he needed to do.
Ron Black explained the locks for the voting booths have
been ordered and are on the way.
Mayor Freske explained that he has prices from Fredrick
Sherry on coat racks. Approximately $50.00 for hanging ones,
and $150.00 for portable ones.
Ron Black brought up an Otsego Business that builds coat
racks. He will check it out and get back to us.
Agenda Item 9.5. a. Set Wild and Scenic Ord. Hearing
Date.
Ron Black motioned to hold a Hearing for the Wild and
Scenic Ordinance on December 8, 1993 at 8PM at the Planning
Commission. Lindenfelser seconded the motion. Motion
carried unanimously.
Tk .,; i r ni iR t that- F1 a i ne ReattY ,pend Jerome
CITY OF OTSEGO COUNCIL MEETING MINUTES OF 9/27/93 AT 7:3OPM
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Perrault flowers as he is in Mercy Hospital.
Agenda Item 9.5. b. Office needs printer
Larry Fournier noted he had contacted a gentleman in Anoka
about a printer and explained. The price is $1,049.00, plus
$39.00 shipping and handling. The City had also received a
quote from Robb Snavley.
Larry Fournier motioned to purchase the Silent Writer
Model 97 with extra bin, contingent on their setting it up
and program it and that the bins can be switched from one to
another from the PC. Floyd Roden seconded the motion.
Motion carried unanimously.
Larry Fournier reminded the Council that the Avon League
of Cities Meeting is on October 7, 1993 at 3:30PM, followed
by an evening dinner.
Mayor Freske brought up the TWP/CITY Seminar in St Cloud
on October 19, 1993 if anyone want to attend.
Mayor Freske brought up the American Experiment Meeting.
The Council had all received a notice.
The complaint of Tom Osborne was brought up by Mayor
Freske. Beatty explained that we had sent a letter on the
violations and they had been into the Office and said they
would take care of the problem.
Mayor Freske brought up the Americans with Disabilities
meeting.
Mayor Freske brought up the EQB report.
Agenda Item 9.5. b. (Part Time Help)
Ron Black motioned to have Carol Olson be kept on until a
replacement is hired. Larry Fournier seconded the motion.
Motion carried unanimously.
Doug Lindenfelser motioned to start the process to have
a full time office employee immediately, and a job
description be written. Floyd Roden seconded the motion.
Motion carried unanimously.
Mayor Freske and Council said don't pay the Ohmann bill
for shingles until it can be checked out.
Mayor Freske talked about a joint sewer meeting at the
County he and Arleen Nagel went to. There is grant money
available.
Floyd Roden, Doug Lindenfelser and Norman F Freske were
at a solid waste meeting last week. The County wants garbage
service mandatory.
Ron Black said we should have mandatory recycling.
More discussion was had.
Ron Black questioned the bill from Component
Technology for $350.00. He asked if Elaine Beatty has
checked on a lap top computer for typing the minutes? Beatty
said yes, with Business Records and she is still checking.
Ron Black has information for fire service with Albertville
and different layouts by sections. The staff can type it up
for the next Council Meeting.
I ArrY Fournier ran into Duane Bernina and he is coming
CITY OF OTSEGO COUNCIL MEETING MINUTES OF 9/27/93 AT 7:30PM
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up with some numbers on the fire service also.
Doug Lindenfelser is the Council Rep. for the Monticell
Hospital Board. He explained the Monticello Ambulance and
Health Service. If we have any questions they can come and
explain at a Council Meeting. Dennis Hamlet would like a
letter of support from the City of Otsego. Monticello''and
Elk River have Basic Life Support. Health One has Health
Support. He explained more. They have their own region, not
necessarily the same as the fire service region.
Ron Black said he supports the letter and would like
someone to come to our meeting and have them explain what's
going on.
Doug Lindenfelser motioned to send a letter of support
to the Community Hospital District supporting the Health One
system. Black seconded the motion. Motion carried
unanimously.
Mayor Freske brought up the Sheriff's Budget and Don
Hozempa had called him regarding same.
Ron Black said until we have gone through our Truth In
Taxation Hearing we can't commit.
Floyd Roden thanked the Council for coming to the
Hearing at the Park and Recs Commission. He brought up the
ice arena and said the Park and Recs will do volunteer labor,
and hopefully we can use the shed for a warming shed. They
want the Council's ideas on this.
Larry Fournier asked Elaine Beatty to check with Darla
Groshens at the County to see what amount we need to adjust
the Levy figure to have the tax amount remain the same as
last year.
Larry Fournier motioned to adjourn the meeting. Ron
ck seconded the motion. Motion carried unanimously.
NORMAN F FRESKE, MAYOR DOUG LINDENFELSER, COUNCIL
FLOYD RODEN, COUNCIL LARRY FOURNIER, COUNCIL
RON BLACK, COUNCIL
ATTEST: ELAINE P BEATTY,
DEPUTY CLERK
EB