12-13-1993 City Council MinutesSTATE OF MINNESOTA The City Council held a regular
COUNTY OF WRIGHT Council Meeting this 13TH day of
CITY OF OTSEGO December, 1993 at 7:30PM. The
Meeting was called to order by
Norman F Freske, Mayor. Also present were Doug Lindenfelser,
Floyd Roden, Larry Fournier and Ron Black, Council Members,
Jim Barthel, Treasurer, and Elaine Beatty, Deputy Clerk,
Zoning Administrator.
Bob Kirmis, Assistant Planner from NAC and Larry Koshak,
City Engineer from Hakanson Anderson and Associates were also
present.
Minutes of November 22, 1993. Larry Fournier noted that
on page #5 two-thirds of the way down the page is read "Larry
Fournier" and it should read Larry Koshak.
Larry Fournier motioned approval of the minutes of
11/22/93 with the change. Doug Lindenfelser seconded the
motion. Motion carried unanimously.
Floyd Roden motioned to approve the minutes of 11/22/93
on LeFebvre's Watershed Informational Meeting. Larry
Fournier seconded the motion. Motion carried unanimously.
Ron Black motioned to approve the minutes of November
23, 1993 Employee Contract Negotiations. Doug Lindenfelser
seconded the motion. Motion carried unanimously.
Doug Lindenfelser motioned to approve the minutes of
December 9, 1993 of the Truth in Taxation Hearing. Ron Black
seconded the motion. Motion carried unanimously.
Mr Earl Greer from the Elk River/Rogers VFW appeared
before the Council on the Open Forum. He stated that the VFW
is trying to get a park going. He referenced a letter from
NAC, Planner. He said it sounds like they would like us to
blacktop the parking lot. We would like to spend the money
we have now. They would like to level the ball fields and
not change the drainage. He said they are not talking about
a whole lot of change. There are dips in the field, but they
are small. A few humps are there and they will knock them
down and grade and not create mounded fields. The proposed
cars for the parking lot are 190. He said that seems
unreasonable. Mr Roden said if the State leagues come in you
may need that parking. Mr Greer said it wouldn't be over one
or two times a year. Doug Lindenfelser asked if they are
planning on blacktopping a portion of the parking lot now?
Mr Greer said they were not constructing a building yet as
they do not have the funds. Doug asked when they will have
funds for the community center? Mr Greer we don't have funds
and pull -tabs are the sorce. They do have some money now to
spend. Mr Lindenfelser said until they have a facility he
didn't know why we would require them to dig it all up and
pave. Mr Greer said that the water table in that area is
high and we would raise up the building when we build. Bob
Kirmis said the Ordinance requires hard surfacing for the VFW
facility Commercial recreational use. Mr Greer said he
didn't know if they could call it commercial. He said it is
recreational. We are asking you to bear with us. The road
in front (Quaday) is not tarred now, but I understand it
CITY OF OTSEGO COUNCIL MEETING MEETING OF 12/13/93 AT 7:30PM
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will be next year. We are asking for a little help so we can
get started. Ron Black stated that he didn't know exactly
what they are requesting. Didn't we have a CUP a few years
ago? For me to consider anything, VFW is going to have to
come in with a request. Mr Black felt the request should be
in writing. Larry Fournier said it seems to me you are
asking for a variance of the Ordinance. Mr Kirmis agreed and
said that if the City wants to make an allowance, they should
change the Ordinance rather than grant a variance.
Mr Greer asked if the same thing is going to happen with
the City park? He said they just want to get started. Mr
Fournier said they should come to the City with a plan saying
what you want to do (a written plan). Mr Roden said we need
a written time frame. Mr Greer said they intend to do
something. Mayor Freske agreed. Mr Greer said the
Engineering and laying out of the fields was over $4,000.00
and it didn't include the planning and grading of the fields.
We think it is unnecessary to berm the fields, etc. Mayor
Freske said Mr Greer should get together with Elaine Beatty
and Bob Kirmis and get on the next Planning Commission
agenda. Mr Kirmis said he didn't think NAC could recommend a
variance based on an economic hardship. An economic hardship
can't be used as a basis for granting a variance. Mr Black
said it sounds like a phase type thing. Mayor Freske said
they would like to accommodate them and not delay this for
years. Mr Fournier asked if we can do something like this
without changing the Ordinance? Mr Kirmis said it could be
done with an agreement. Mr Greer said they can do Class 5
this year and blacktop next year. Mr Black said they may
have to scale some of the plans back and he understands some
Engineering would be a problem also. Mr Fournier suggested he
get together with the City Planner and City Engineer and
suggest a plan that can be phased in. With a letter of
credit, it would help said Mr Roden. Mr Greer said he is
here to work out some sort of procedure. Mayor Freske said
we have an Ordinance for a reason. Mr Koshak said it would
be better for everybody if they followed a development plan
and if you would have some grades on the ball fields. You
would be spending money and time and effort if you don't
follow the grading you had proposed previously. One or two
ball fields could be done and get them graded properly. Mr
Greer said our problem was all the money was going to be
spent on Engineering and blacktop and we didn't have anything
yet. Doug Lindenfelser said he felt that they should be able
to get one field before the blacktop is done. Mr Greer's
phone is 441-2421.
Agenda Item 4.1. Consider the amendment to the Zoning
and Subdivision Ordinance Re:Application requirements for
Hearings. Kirmis explained That all officers would be
required to have copies of large scale plans. NAC's Memo of
October 27, 1993 specifically identifies what would be
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changed. Mr .Kirmis read what changes would be made.
Ron Black motioned adoption of the Planning Commission's
recommendation of the Amendment to the Zoning and Subdivision
Ordinances, which was to approve the large scale plans and
other application material in a larger number for the
designated officials. Larry Fournier seconded the motion.
Motion carried unanimously.
Larry Fournier asked if other Cities required this
material. Mr Kirmis answered, generally no, but Lakeville
does.
Agenda Item 4.2: Roden/Demars Subdivision sketch plan
review.
Mr Kirmis explained the subdivision of 9-1/2 acres into
8 lots in an area E of Odean Ave NE and S of 81ST Street NE.
He referred to Exhibit B in review of the site and limitation
of access. NAC feels the design is good and they recommend
the site plan approval with the conditions of NAC's Report
being met. Lot 1 has the majority of the issues. The
driveway be located and a turn around type driveway be
provided, 65' setback on lot 1. Kirmis explained that Odean
is a collector street and will carry high volume traffic.
The cul -du -sac is the maximum length required and area and
width requirement. The Planning Commission has recommended
the sketch plan approval with conditions from NAC and the
City Engineer.
Ron Black motioned adoption of the Planning Commission
recommendation of approval of the sketch plan with conditions
from NAC and the City Engineer being met. Doug Lindenfelser
seconded the motion. Motion carried with Doug Lindenfelser,
Larry Fournier, Norman F Freske and Ron Black all approving
and Floyd Roden abstaining.
Ron Black asked if lot 1 were subdivided, would there be
a common driveway? Mr Kirmis said a 65' setback eliminates
the subdivision of lot 1.
Under other planning business Mayor Norman F Freske
brought up a letter from NAC regarding the skating rink being
a CUP. Mr Kirmis noted that in the INS District,
recreational uses are listed as a CUP and require a public
hearing so the neighbors are aware of it.
Larry Koshak Engineering items:
5.1. Trunk Hwy 101 (Elk River to #42) project update.
5.1a. CSAH 39 & 101 Signal Update. Mr Koshak informed the
Council that Mn/DOT will be taking care of the costs and they
will install the EVP free of charge. The other thing is we
will have to get a Maintenance Agreement with Elk River
Utilities for the maintenance.
5.1b. Permit to construct:
Mr Koshak contacted Terry Humbert in connection with the
Permit to construct and he thought the City had agreed to get
these right of entry permits. He is waiting for instructions
of how to handle this. Mayor Freske said Terry Humbert had
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called him at,the office. Larry Koshak said that someone who
knows should go out and visit with them. It is to get them
to sign for right of entry of the property and it shouldn't
interfere with the ability to deal with Mn/DOT.
Ron Black suggested that the City Engineer should make
one contact per permit and would add that it should be
accomplished before the January 13TH 101 meeting at the
Otsego City Hall. That way if some people are creating
problems it can be pointed out to the public when they are
here. Mayor Freske agreed.
Ron Black motioned to have Engineer Larry Koshak make
one contact on each permit with the eight property owners
involved in the easements for the right of entry for the 101
project by the 13th of January, 1994. Larry Fournier
seconded the motion. Motion carried unanimously.
5.2. Otsego Creek Authority.
5.2a. Update on ditch walk. On December 4, 1993, three
Council Members, including the Mayor and Carl Swenson from
the P.C., Albertville had three people and Engineers John
Harwood and Larry Koshak from the City of Otsego were
present. They drove and walked the creek and there is a lot
of dead material in the ditches and culverts that needs
cleaning. It wasn't as bad as they had anticipated, but it
needs to be back -hoed and cleaned.
Mr Koshak said the Corps of Engineers (BOWSR) and the
DNR has responded. There is a set of ditch profiles which
show the existing pipes and conditions. In a week or so the
Engineers will finish with determining culvert size and flow
of the channel. There is not a written report as of yet. Mr
Koshak will correspond with Albertville on the matter. He
will bring it back to the Council on December 27th.
Mr Goenner asked how much and where will they clean out
the ditch? Mr Koshak said at this point they don't know.
The DNR will indicate what we can and can't do. A copy of
plans was given to the people in the audience who were
interested. Mr Goenner stated that 83RD St culvert is full.
Mr Fournier asked if any money came into the discussion with
DNR and Corps of Engrs. Mr Koshak said they asked, but
didn't find any. The DNR has a new person who is replacing
Mr Oshwald. Mr Beaudry's farm is where the problem starts.
between the river and Mason they probably don't allow any
channel change. Fish and wildlife will also be looked at.
Above Mason Avenue, there is a chance that some work can be
done, into Albertville.
Mayor Freske asked how will we pay for the work? Mr
Koshak answered he thinks a Taxing District could be
established and the City can bond for it, or another way is
hold an Assessment Hearing for a one time assessment. Mr
Koshak will send a report to Albertville to review.
Agenda Item 5.3. Obrian and 90TH ST NE, Otsego Acres.
Larry Koshak explained that they had met with Mrs LuConic and
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she said she .was OK with the plan as long as there was no
cost involved for her. Mr Koshak recommended that if the
Council would consider another storm sewer project, this work
should be part of it. It is too hard to find benefit for
this type of work otherwise as it is just the local
residents. The pond on Ms LuConics land can be lowered 1-
1/2'. If Mrs LuConic does develop her land the improvement
may not meet the development needs. There was divaussion of
storm sewer along 85TH ST and Odean Avenue.
Larry Fournier asked if Mrs LuConic gave easements for a
ditch? Larry said yes.
Mr Steve Wiltermuth stated he is 3/4 of a mile from
Hall's Pond and he paid $350.00 assessment and wouldn't the
same process apply to this drainage?
Mayor Freske stated that Halls Drainage was a lot bigger
area.
Mr Wiltermuth said the solution from his point of view
is to put the culvert in right. More discussion was had on
culvert with Mr Koshak.
Mr Lindenfelser asked if the ponding East of Obrian was
a problem. Mr Koshak didn't know legally if they had a right
to do that berming. It probably should be removed. There is
ponding on the West side that is deeper than the culvert.
The City is responsible for wetlands.
Ron Black suggested that we direct the City Engineer to
do some history of the area such as who put what in and when.
We can go from there, but the basic facts need to be known.
He stated he wasn't sure the City has the authority to do
anything about it.
Mr Roden said the dam and pond was there when the Hall's
Pond Project was done.
Ron Black motioned to have Koshak do a history of the
area on Obrian and 90TH Street NE, including the dam, etc, as
soon as possible, with input from the City Attorney based on
the facts discovered as to the City's responsiblilties. Doug
Lindenfelser seconded the motion. Motion carried
unanimously.
Larry Fournier noted that he felt it is obvious we have
a water problem and he would like to see a plan tied to this
and someway to pay for it and make it work.
Mayor Freske agreed, but there are so many water
problems and everyone has a water problem, but nobody wants
to pay.
Agenda Item 5.4: Kadier Ave Bridge, partial payment
Larry Koshak requested partial payment at this time.
Floyd Roden motioned to pay the partial payment on the
Kadler Avenue Bridge Project of $23,725.80 at this time. Ron
Black seconded the motion. Motion carried unanimously.
(See File 122893)
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Agenda item 5.5: LeFebvre's Watershed
5.5a: What to do.
Black asked if it would be a good idea to adopt a
moratorium on development until we get the easements?
Black motioned to have Larry Koshak contact the City
Planner to establish a moratorium on development until the
necessary easements for LeFebvres Watershed are procured.
Larry Fournier seconded the motion. Motion carried
unanimously. 5.5b: Needham Avenue
Mr Koshak said he had contacted Mr Schultz and his
neighbor who had a blacktop driveway was negative about doing
anything. They talked about it and Doug Lindenfelser came up
with an engineering solution that might work. The idea was
to put a culvert across the road before that last driveway
and direct the water down and across Needham to the East.
This cannot be done until Spring.
Black motioned to have the Public Works Committee check
out the water problem by Mr Schultz. Roden seconded the
motion. Motion carried unanimously.
Agenda Item 5.6: Any other Engineering Business
Larry Koshak brought up that we should get the
Attorney's opinion on drainage issues.
Larry Koshak brought up that on the 101 access road,
Mn/DOT has come to an agreement with the Werner's to buy them
out and the route will be solved. They will do everything,
but they want us to input as to alignment of the road.
Larry Koshak brought up the #101 and #37 Mining Permit
on Darkenwald's Land by Del Zentgraf. They claim they are
not finished yet. There was some money problems.
Darkenwald's are responsible for any ultimate problems.
The Sub -Committee for Public Works need to meet again.
They will meet on 12/22/93 at 2:30PM at the City Hall.
Island View Signs and what has happened was brought up.
Larry Fournier said they haven't done it yet. On Kadler and
#39 and 85TH and #42 the reflectors have been installed by
the County and they look good.
Next Council Meeting the truck for maintenance, either
bid or lease will be put on the agenda.
Larry Koshak said we need to replace the culvert pipe on
the existing road in Island View. On 81ST in Walesch
Estates, the pipe water flows into a guys house and the
culvert on the service drive by Tom Thumb is bent also. The
consensus is by the Council that the City should fix pipes
under City Streets.
Agenda Item 6.3: Discuss Mn/Rd Proj.
Mayor Freske said he received a call from Mn/Road
Engineer and a letter.
The Needham Ave ditch was seeded said Duane.
Agenda Item 6.1. Employee Contracts.
CITY OF OTSEGO COUNCIL MEETING MINUTES OF 12/13/93 AT 7:3OPM
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Roden motioned to approve employee contracts. Ron Black
seconded the motion. Motion carried unanimously.
Agenda Item 6.2: Employee Policy
Ron Black motioned a tentative adoption of the Employee
Policy and refer the policy to employees for review and
comments. Larry Fournier seconded the motion. Motion
carried unanimously.
Larry Fournier mentioned that he thought this' -should be
reviewed on a yearly basis.
Ron Black motioned that the regular scheduled Council
Meeting for February 14, 1994 be scheduled to February 15,
1994 at 7:30PM due to conflict of time and Valentines Day.
Larry Fournier seconded the motion. Motion carried
unanimously.
Floyd Roden motioned to approve the accounting contract
for 1993 audit year in the amount of $4,450.00. Larry
Fournier seconded the motion. Motion carried unanimously.
Agenda Item 6.6: Consider clerical position for the
office.
Ron Black explained that last week the committee
reviewed 10 prospective candidates. In October we adopted a
position description and advertised for applications. A
subcommittee of Jerry Perrault/Judy Hudson/Elaine Beatty did
a qualifications review and pared the list down. Some were
over qualified. Some were under qualified. There were 12
finalists. A test was given consisting of four or five
separate skills, timed. Some people completed the test some
didn't. In one situation, test results were used to
eliminate candidates. Two persons dropped out. One didn't
show. We ended up interviewing nine people. They were
interviewed by Mayor Freske/Ron Black/Elaine Beatty and Judy
Hudson for Jerry Perrault who was ill. We asked each
candidate the same questions and rated them 1-4. We
interviewed all people before anyone made any comments.
After the interview, the total number score for each
candidate was tallied. All four committee members rated the
same four names for the top four positions. The test scores
then came into place and two persons were bumped. That
determined who the persons would be. Mr Black said he
thought the process was very fair. The recommendations by
the subcommittee are as follows: 1ST Choice - Carol Ann
Olson, 2ND Choice - Eileen Glimpse
The total subcommittee agreed on the top four
candidates. Mayor Freske said we were at the process a long
time. Mr Lindenfelser said that over -qualified bugs him. He
wants a qualified person. Mr Roden said he looked over the
applications, but he believes that they shouldn't be dis-
qualified for being "over qualified".
Mr Black said that the basic problem with over -qualified
is you are perceived as being instantly dissatisfied as an
employee. They can do more on earning ability and will take
CITY OF OTSEGO COUNCIL MEETING MINUTES OF 12/13/93 AT 7:30PM
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Roden motioned to approve employee contracts. Ron Black
seconded the motion. Motion carried unanimously.
Agenda Item 6.2: Employee Policy
Ron Black motioned a tentative adoption of the Employee
Policy and refer the policy to employees for review and
comments. Larry Fournier seconded the motion. Motion
carried unanimously. _
Larry Fournier mentioned that he thought this'should be
adopted on a yearly basis.
Ron Black motioned that the regular scheduled Council
Meeting for February 14, 1994 be scheduled to February 15,
1994 at 7:30PM due to conflict of time and Valentines Day.
Larry Fournier seconded the motion. Motion carried
unanimously.
Floyd Roden motioned to approve the accounting contract
for 1993 audit year in the amount of $4,450.00. Larry
Fournier seconded the motion. Motion carried unanimously.
Agenda Item 6.6: Consider clerical position for the
office.
Ron Black explained that last week the committee
reviewed 10 prospective candidates. In October we adopted a
position description and advertised for applications. A
subcommittee of Jerry Perrault/Judy Hudson/Elaine Beatty did
a qualifications review and pared the list down. Some were
over qualified. Some were under qualified. There were 12
finalists. A test was given consisting of four or five
separate skills, timed. Some people completed the test some
didn't. In one situation, test results were used to
eliminate candidates. Two persons dropped out. One didn't
show. We ended up interviewing nine people. They were
interviewed by Mayor Freske/Ron Black/Elaine Beatty and Judy
Hudson for Jerry Perrault who was ill. We asked each
candidate the same questions and rated them 1-4. We
interviewed all people before anyone made any comments.
After the interview, the total number score for each
candidate was tallied. All four committee members rated the
same four names for the top four positions. The test scores
then came into place and two persons were bumped. That
determined who the persons would be. Mr Black said he
thought the process was very fair. The recommendations by
the subcommittee are as follows: 1ST Choice - Carol Ann
Olson, 2ND Choice - Eileen Glimpse
The total subcommittee agreed on the top four
candidates. Mayor Freske said we were at the process a long
time.
Mr Lindenfelser said that over -qualified bugs him. He
wants a qualified person.
Mr Black said that the basic problem with over -qualified
is you are perceived as being instantly dissatisfied as an
employee. They can do more on earning ability and will take
a job on a temporary basis.
CITY OF OTSEGO COUNCIL MEETING MINUTES OF 12/13/93 AT 7:30PM-
PAGE 8 -
a job on a temporary basis
Larry Fournier said his concern was that it was done
fair and he felt it was. He asked why Carol Olson was picked
over the other person. Ron answered that she seemed most
qualified.
Larry Fournier said we are after someone who can do the
job.
Larry Fournier motioned to accept the recommendation to
hire Carol Olson full time for the office position starting
January 1, 1994. Ron Black seconded the motion. Motion
carried 3 to 2 with Black/Fournier and Freske voting approval
and Lindenfelser and Roden opposing.
Ron Black motioned to adopt the City of Monticello Fire
Contract for $35.00 per parcel for one year (1994). Floyd
Roden seconded the motion. Motion carried unanimously.
Larry Fournier motioned to re -appoint the following
members to the Planning Commission who's term are to expire
the end of December, 1993:
Ing Roskaft Mark Wallace
Arleen Nagel -Alt. Gene Goenner
Doug Lindenfelser seconded the motion. Motion carried
unanimously.
The letter regarding the St Michael Graduation Party,
asking for funding was addressed. Elaine Beatty should write
a letter to them saying that we can't donate public funds for
this purpose.
Larry Fournier motioned not to give the graduation party
funding from the City. Ron Black seconded the motion.
Motion carried unanimously.
The door for the old city hall was discussed and it was
on the contract with Head Start for them to install it. We
should have them do the installation as part of the contract.
The fire extinguisher for the stove in the New City Hall
kitchen bid price is $850.00 used and $1,171.00 new. The
Council decided not to put one in now as the stove is very
rarely used.
The Council requested a list of the donated items for
the Holiday Party Auction and money received.
Floyd Roden Motioned to re -invest the CD for one year in
the amount of $280,000.00 at 4.2% interest. Ron Black
Seconded the motion. Motion carried unanimously.
Larry Fournier motioned to accept the EDA Advisory
Commissions advice to turn down the offer to go with Wright
County Economic Development Partnership. Doug Lindenfelser
seconded the motion. Motion carried unanimously.
Elaine Beatty should write a letter to this effect and
state they should keep us posted.
There was discussion of the Park and Recreation Budget
and how much was allowed. There was $5,000.00 allowed for
programs, etc.
Larry Fournier informed the Council that the Office
CITY OF OTSEGO COUNCIL MEETING MINUTES OF 12/13/93 AT 7:30PM
- PAGE 9
subcommittee held their first meeting and discussion of a
finance person was discussed, a lap type computer for the
minutes and a backup computed was discussed and the office
employees were asked to define their jobs so everyone knows
where to start. The 6th of January, 1994 is the next meeting
date.
Doug Lindenfelser motioned to adjourn the meeting.
Larry Fournier seconded the motion. Motion carried
unanimously.
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6,41
NORMAN F FRESKE, MAYOR
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