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10-25-1993 City Council MinutesSTATE OF MINNESOTA The City of Otsego met this 25th day COUNTY OF WRIGHT of October, 1993, at 7:30 P.M. CITY OF OTSEGO Norman F. Freske, Mayor, Doug Lindenfelser, Floyd Roden, Larry Fournier and Ron Black, Council Members, Jerome Perrault, Clerk, James N. Barthel, Treasurer, Elaine Beatty, Dep.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 Larry Fournier to approve the Minutes of the Oct. 11, 1993, Council Meeting. Seconded by Ron Black,,_all Council Members voted in favor of the motion. Dennis Hamlet Coordinator for the Monticello -Big Lake Hospital Ambulance Service appeared before the Council to discuss Monticello Ambulance service. He said the Monticello Ambulance serves the area of Otsego West of Co.19 and Elk River serves all of Otsego East of Co.19. The Monticello Ambulance Service is self --supporting. Advanced life support will soon be provided on the three (3) Monticello ambulances. We are going to request the Dept. of Health to upgrade our ambulance service to an advanced life support system. Elk River has that now and this will make our service equal to theirs. Mr. Hamlet said they expect their response time to improve to an A.L.S. rating. They have also set up the Monticello Fire Dept. with first response equipment. Mayor Freske declared the Open Forum segment of the meeting to be in session. Rhonda Williams addressed the Council and said she considers her place a farm as she is developing an orchard and garden, has a wild flower area, has two horses and also trains horses. She said she has been cited for having railroad ties piled on her property. She checked with PCA and they advised her the railroad ties are not an environmental hazard. Bob Kirmis said the problem was the large pile of railroad ties on her property and if they are not related to the use of the property, they should not be there. Ron Black said this was a matter that should be handled by Staff. The Staff could then make their recommendations to the Council. Motion by Larry Fournier that the matter of the pile of railroad ties on the Williams property be referred to Staff and their recommendations made to the Council. Seconded by Floyd Roden, all Council Members voted in favor of the motion. George Yankoupe addressed the Council concerning Harefield Farms application to establish a Nursery. He said he had received the Developers Agreement for the property and it is a cumbersome 12 page document. Harefield Farms attorney advised him to walk away from the project if he can not get a simpler Developers Agreement. The items he wanted changed were: Approval of the existing septic system. This system was CITY OF OTSEGO CITY COUNCIL MEETING OCTOBER 25, 1993 Page 2 approved by Wright Co. and certified for use by up to 15 employees. Requirement•to have a holding pond to control runoff. This requirement should not be enforced unless shown that it is needed. The drainage easement on the N.E. corner of the property. This is a separate issue and should not be a part of Harefield Farms PUD and instead considered during Hearings on the Lebebvre Watershed. Ron Black asked Mr. Yankoupe if he had discussed these matters with the City Attorney and he replied that he had not, that he wanted to talk to the Council first. Mr. Yankoupe said he was willing to talk to the City Attorney but he did not want it to become dead end issue. Larry Koshak said that the drainage pond does not have to be an elaborate affair, just contain the runoff from the area. Mr. Yankoupe said he would like to set up a meeting with the Attorney, Planner and Engineer all present at the same time. The Council agreed this would be the best solution. Steve Wildermuth was present and said he would like to see the Otsego Acres Watershed addressed as well as the Otsego Creek Watershed. The Council considered the Mining Permit for Del Zintgraf. The Mining is to be done is three (3) phases with the lowest excavated level to be 880 ft. Bob Kirmis said that the Planning Commission has approved the Mining Permit in accordance with the following conditions: 1. The applicant specify the following items in regard to dust control: a. Type and ownership of dust control equipment. b. Source of water used for dust control. c. Person or organization responsible for dust control. 2. The working hours should be 8:00 A.M. to 5.00 P.M. Monday thru Friday. A change in this schedule shall require 24 hour notification and approved by the City. 3. The person or organization responsible for the maintenance and up keep of erosion control facilities is specified. 4. Silt fence locations are identified on the erosion control plan. 5. A stop sign and warning is erected at haul road intersections with Co.42. This item should be subject to review by the Wright Co. Engineer. 6. A letter of credit is provided for the section of street to be crossed in the City. 7. The closure plan is expanded in detail in a manner found acceptable to the City Engineer. CITY OF OTSEGO CITY COUNCIL MEETING OF OCTOBER 25, 1993 Page 3 8. The City has the right to suspend mining operations if application fees are unpaid or if the volume removed exceeds the amount said in the application. 9. Haul roads not to be used in the future are obliterated. 10. Methods of noise abatement is addressed in the narrative submitted by the applicant. 11. Silt fences or other diversion devices deemed acceptable by the City Engineer are provided along the pond shoreline where evidence of erosion exists (between excavation and ponds edge). 12. Reasonable security is provided on site and haul roads as determined by the City Engineer including locked gates. 13. During operations a portable toilet is provided on site by the applicant/owner for employees. 14. The site is well kept in a manner consistent with applicable City Ordinances. 15. All conditions imposed by the Wright Co. Highway Dept. and DNR are upheld. 16. All letters of correspondence regarding the proposed mining operation with the Wright co. Highway Dept. and DNR are submitted to the City. 17. A minimum $5000.00 letter of credit be provided to warranty the condition of the street section of Quaday Ave. crossing. 18. The applicant address the above noted outstanding issues in a professionally done narrative form. The said narrative shall be part of project permit documents. Motion by Ron Black to adopt the Planning Commission recommendations and approve the Mining Permit for Del Zintgraf, Jr. Seconded by Floyd Roden. Mr. Zintgraf said he would do what Mr. Darkenwaid wanted with the unused haul roads. He also stated that he plans to abide by all City Ordinances. Larry Koshak said all questions should be addressed in narrative form. He also said that the permit would expire at the end of the year and need to be renewed. All Council Members voted in favor of the motion. Bob Kirmis advised the Council he has prepared an amendment to the Zoning Ordinance addressing the establishment of temporary dwelling units. The Planning Commission has approved the amendment. The amendment requires the temporary dwelling unit to be at least 320 sq. ft., connected to a private well and septic system, abide by all setbacks with the occupancy limited to residents of the permanent house on the site. The full text of the amendment is attached to these Minutes. Norman F. Freske questioned the size requirement of the temporary dwelling (320 sq.ft.) because if some one owned a CITY OF OTSEGO CITY COUNCIL MEETING OF OCTOBER 25, 1993 Page 4 motor home, he could not use it as a temporary dwelling. Ron Black suggested referring the size issue back to the Planning Commission. Motion by Ron Black to refer the Ordinance Amendment on Temporary Dwellings back to the Planning Commission for clarification of the size issue. Seconded by Larry Fournier, all Council Members voted in favor of the motion. Larry Koshak asked the Council for their opinion on the Hwy 101 access roads issue. Larry Koshak said he had invited the Darkenwalds to put their ideas concerning the assessments down on paper. Mr. Koshak said he had met with Joe Oschwald of the DNR to discuss the Otsego Creek and what needs to be done. He also met with Jim Lefebvre. In the Lefebvre case we will need to establish a Rice Lake Watershed and include other land owners in the Watershed as well. We should include the LuConnic Wetland in the Otsego Creek Watershed. On Otsego Creek the DNR is requiring all culverts be measured and positioned. If the culverts are a problem, the DNR will permit them to be changed. Motion by Larry Fournier that the City Engineer work with the DNR to plan Otsego Creek improvements. Seconded by Ron Black, all Council Members voted in favor of the motion. Larry Koshak advised the Council he had met with Mike Tardy of MnDOT and went over our MSA street plans and he in general approved them. The Council should consider either Quaday Ave. or Page Ave. for the 1994 project. Page Ave. needs to be widened with bike trails added because of the school being built. The Council favored Quaday Ave. for 1994 construction because it is a frontage road for Hwy 101 and will be extended to Co. 37 when rebuilt. Motion by Ron Black that the City of Otsego be the local Government Unit to administer the Wetlands Act. Seconded by Larry Fournier. Ron Black said the City of Otsego would be better informed locally on the Wetland Conservation Act. All Council Members voted in favor of the motion. Motion by Floyd Roden to adopt the Resolution banning parking along Co.39 from Hwy 101 to the West City line. Seconded by Ron Black, all Council Members voted in favor of the motion. The full text of the Resolution is attached to these Minutes. Mr. Koshak advised the Council that the Kadler Ave. Bridge Replacement Project will start tomorrow. Elaine Beatty advised the Council that the Municipal Board charges an Annexation Fee with a $100.00 minimum on all annexation proceedings. The City of Dayton was requesting the City of Otsego to split the fee charge if they cannot get the fee waived because of the small amount of land involved. Motion by Larry Fournier to pay 50% of the annexation CITY OF OTSEGO CITY COUNCIL MEETING OF OCTOBER 25, 1993 Page 5 fee in the recent annexation of a small strip of land from the City of Dayton. Seconded by Doug Lindenfelser, all Council Members voted in favor of the motion. Motion by Ron Black to reject the bid of $47,464 as exchange price for a new motor grader that was received from Ziegler Inc. Seconded by Larry Fournier, all Council Members voted in favor of the motion. Motion by Doug Lindenfelser to approve the Patrol Service Contract with the Wright Co. Sheriff's Dept. at $30.50 per hour for 1994 and $32.00 per hour for 1995. Seconded by Floyd Roden. Norman F. Freske, Larry Fournier, Doug Lindenfelser and Floyd Roden voted in favor of the motion. Ron Black was opposed, the motion passed. Ron Black said he would like to see sufficient copies of all items on the Planning Commission Agenda so that all Council and Staff members have a copy. Motion by Ron Black to request Staff to initiate an Ordinance which would in effect require sufficient copies be made of all items before the Planning Commission. Seconded by Larry Fournier, all Council Members voted in favor of the motion. Motion by Floyd Roden to approve a payment of $3,290.00 to Meinhardt & Assoc., Architects for architectural services on the New City Hall. Seconded by Doug Lindenfelser, all Council Members voted in favor of the motion. Proceeding as a board of audit the Council audited and allowed verified accts No.'s 1258 to 1306 inclusive. On 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