01-10-1994 City Council MinutesSTATE OF MINNESOTA The Regular Scheduled Council
COUNTY OF WRIGHT Meeting was held this 10th day
CITY OF OTSEGO of January, 1994. 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.
James Barthel, Treasurer, Elaine Beatty, Deputy Clerk/Zoning
Administrator, Judy Hudson, Secretary, Larry Koshak,
Engineer, Bob Kirmis, Assistant Planner and Andy MacArthur,
Attorney were present also.
Minutes of December 13, 1993 were motioned for approval
with corrections by Floyd Roden, Ron Black Seconded. Motion
carried unanimously.
Minutes of December 22, 1993 meeting were motioned for
approval by Larry Fournier with a correction. Doug
Lindenfelser seconded the motion. Motion carried
unanimously.
Floyd Roden motioned to approve the minutes of Odean and
#37 Special Hearing Minutes of December 22, 1993. Doug
Lindenfelser seconded the motion. Motion carried
unanimously.
Agenda Item #3: Discussion of Maintenance of #42 & 101
Lights.
Neil McMillian, a Representative of Wright Hennepin
Electric was present.
Doug Lindenfelser stated he had run into Stan Meyer and
he told Doug to give Bob Wourm a call. He said there was a
problem with wiring on the light at #42. Something was not
done properly and it causes corrosion.
Larry Fournier said the County installed the light on
#42.
Doug Lindenfelser said the basic thing is the
maintenance and who will do the work.
Ron Black said we sent a letter in October of 1993 to
the two utilities. We requested Elk River Utilities to do
the maintenance and the 2 utility companies to work it out.
Wright Hennepin Electric has investigated with Mn/DOT
and Mr McMillian talked to Terry Crist with ESS on security
switching. They have a responsibility who owns it and who
maintains it. The State only maintains the hardware
switching drives. The County maintains the luminaries. If
they are knocked down, the City maintains the changing of the
bulbs.
The only thing Wright -Hennepin would do is change the
light bulbs. The last time Wright -Hennepin did relamp, they
found a corrosion problem. Stan Meyer found the wire was
shorting out. It is the State of Minnesota's problem.
Wright Hennepin has three semaphores in their territory that
they provide service to. Typically the City has their own
equipment and personnel to do the work. Wright Hennepin
would not charge for ordinary replacement lamps during
working hours. They are willing to do it no charge during
regular working hours. We have written a couple of letters
to Elaine to respond said Mr McMillian. Neither Wright -Henn.
CITY OF OTSEGO COUNCIL MEETING MINUTES OF JANUARY 10, 1994 AT
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nor Elk River Utilities are interested in pursuing it. We
can provide the same service that the City of Elk River can
provide. (Same as Co #39 & #101 light by Elk River
Utilities). We need an understanding as to the terms.
Doug Lindenfelser asked if the State has been advised of
this problem? Should we inform them?
Neil McMillian said that Wright -Hennepin will call the
City if they find a problem and the City would call the
State. The interior of the light is up to the State. The
State should be notified to come out and check the light.
Larry Fournier said in the past we have had problems
with getting in touch with Wright-Hennepin's service people.
Neil McMillian - We have not had a formal understanding
between the City of Otsego and Wright -Hennepin. We want to
do the service, but we have to have rules and guidelines.
Ron Black - For Neil's benefit there was a number of
reasons why we specifically required that Elk River Municipal
take care of the light. If it's in a service issue. First,
there has been a history of lousy service by Wright -Hennepin
and the first quote we got frsm Wright -Hennepin was that
there was to be payment for everything. The second letter we
got was that you would do it for free. Elk River Municipal
is right there and will do it.
Mr McMillian said that if you desire to have an
electrical contractor come in and do the service, you can.
Doug Lindenfelser motioned to have Wright -Hennepin do
the service on the #42 and #101 light semaphore and we do the
paperwork to establish the service. Larry Fournier seconded
the motion. Motion carried four to one with Ron Black
opposing.
Ron Black said that he is opposed because Wright -
Hennepin is charging overtime on weekends, and Elk River
Utilities won't, they will provide it free as he has talked
to Bill Barrenkott about it. It is not a boundary issue.
Norman F Freske felt we should get a written agreement
from each of the utilities.
Neil McMillian said What Mr Black said, it is not #37
and #101, it's #42 and 101.
Larry Fournier asked on a typical overtime call, how
much would we be charged for? Mr McMillian answered a two
hour minimum, approximately $100.00 in labor.
Agenda Item #4: Discuss NAC's Report on John Robeck (John
Robeck will be here)
Kirmis explained Mr Robeck owns a 12 acre parcel in the
Southwest corner of the City. Exhibit D of NAC's Report of
December 23, 1993 was referred to. Mr Robeck wants to split
his property. He does have to get it rezoned. The Basis for
denial is the City's Comp. Plan, which calls for AG use of
this area. The reason this is before you tonight is this
area is five acre lots and chopped up. It occurred under
Wright County, but the City has to acknowledge we need to
CITY OF OTSEGO COUNCIL MEETING MINUTES OF JANUARY 10, 1994 AT
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know whether or not the City Land Us Plan needs to be
re-evaluated. We are trying to avoid Mr Robeck extra cost.
The Staff would have to recommend denial. You may wish to
have the Planning Commission review this.
Doug Lindenfelser said none of that is being farmed is
it? John Robeck said the field is 4 to 4-1/2 acres, but
power lines are running thru it. East of me is all farm
land.
Doug Lindenfelser said he would be in favor of the
request.
Larry Fournier felt it is good judgement to do
something. He would like to see it taken to the P.C. for
review. Maybe the City could initiate the action.
Ron Black said on Exhibit C, if I read it correctly, it
looks like Mr. Robeck's property is by other houses and a 40
and 37 acre parcel that are East and Ag land. I look at this
plan and it is not Ag land anymore.
Mr Robeck said the Kessler property is in this area also
and it was just divided. His property is five acre with a
swamp. There would be a building site. He would like to
split the land in half.
Floyd Roden agreed with Doug Lindenfelser and Larry
Fournier.
Bob Kirmis said the reason it is Ag is the philosophy
that not to create a service area.
Norm Freske agreed with the rest of the Council.
Floyd Roden motioned to have the Planning Commission
review this request. Ron Black seconded the motion and added
he would like the 37 and 40 acre parcels to the East also
looked at. Motion carried unanimously.
We will inform John Robeck when this will be on the
Planning Commission agenda.
Norman F Freske welcomed County Commissioner Pat
Sawatzke
Agenda Item #5: OPEN FORUM
Pat Sawatzke appeared before the Council he said Wayne
Fingalson called and left a message that there was a problem
on Odean & #37.
Norman F Freske told him it was on the assessment
policy.
Floyd Roden explained we were being treated like an
Urban Area, not a rural area. We should be treated like both.
Larry Koshak will inform Pat Sawatzke of the situation.
Roger Pearson - Appeared before the council regarding
recycling drain oil. He said there used to be a drum behind
the City Hall.
Norman F Freske told him it used to be outside City Hall
and people were running it on the ground and leaving a mess.
Dave Chase said that they are open from 8 to 4 and we
can't have it setting outside because of the mess and
pollution.
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1994 AT 7:30PM - PAGE 4 -
Mr Pearson said he understands, but wondered if it could
be more then once a year at cleanup day. You know what will
happen to this oil if you can't dump it.
Norman Freske said that they would discuss it more at
their Maintenance Meeting and put it in the Newsletter as to
when it would be open.
Vern Heidner said maybe we could also collect small
batteries. Pat Sawatzke said it costs to take the batteries.
Tom Constant asked about recycling of plastics. Norm
said it costs $.35 more per household per month. Tom didn't
feel that was too much.
Agenda Item #6: Dan Wilson - Discuss Otsego EDA Policy
Outline
Dan Wilson stated that it is common for Commissions of
EDA to have a statement. He commended the EDA Advisory
Commission for their hard work and great deal of thought and
detail. The policy statement is quite conservative, but has
flexibility.
Larry Fournier - Would you give us some background to
help us understand what is the basis. We shared policy
statements that were used by other Commissions. Our Mission
Statement was " The City of Otsego shall encourage, assist
and facilitate through EDA, EDAAC, ETC. Financial Guidance
and Incentives appropriate to the qualified interested
parties engaged in economic development. Otsego shall avoid
or minimize financial risk to the City". They went from
there. Minimizing and avoiding risk was a big issue. They
are aware of risk of the City of Otsego. The statement is
saying the City would like to be quite risk free. This
policy has some elements that some other Commissions don't
have. The EDAAC group is quite diverse. There was much more
consensus then not. Public participation was recognized.
The plan identifies cases in which the public will be
interested on what will be going on.
Larry Fournier asked if Vern Heidner, Chair of the EDAAC
has any comments?
Vern Heidner said he was very impressed with the 70 to
80 hours of work that was done on this plan. We recognize
the City will sometime have to help to get development in
here. The 101 area is such a prime area, it should develop
itself. The site near Albertville will in some time develop
itself also. The third industrial site will need help.
Doug Lindenfelser said he saw one person voted against
Vern Heidner said one person wanted to have several
public hearings. We felt it was too expensive.
Floyd Roden - You guys discussed it is a guide. It is
not connected to the Comp Plan. It should be formed only as
a guide.
Vern Heidner said a lot of the Council was there at the
it.
CITY OF OTSEGO COUNCIL MEETING MINUTES OF JANUARY 10, 1994 AT
7:30PM - PAGE 5 -
meetings and we really appreciate that.
Norm Freske said he didn't attend all the meetings
because we wanted it to be your plan.
Larry Fournier - I thoroughly discussed it with our City
Planner and he is very comfortable with it.
Larry Fournier motioned that we accept the
recommendation of our EDAAC to adopt the Policy Outline. Ron
Black seconded the motion. Motion carried unanimously.
Agenda item 7.1. Consider Rezoning of Independent
School #728 Property from AG -1 to INS and Amend. to Comp.
Plan to bring into Imm. Service Area.
Bob Kirmis explained that School Dist #728 Elk River
requests rezoning a 48 acre tract of land South of 85TH
Street and West of Co #42 to INS (Institutional) from A-1 Ag.
To accommodate this, it is necessary to amend the Comp Plan
to include it in the Immediate Service Area. The Comp Plan
is the basis for that decision making process. They wish to
split a 5 acre parcel from an existing tract. It can be done
at an administrative level. November 1992 the Council chose
not to take action on this matter for various reasons. Our
office has recommended approval subject to two conditions in
the October 13, 1992 NAC Report.
1. A Comprehensive Plan Amendment which would adjust
the City's Immediate Urban Service Area to include the
subject school district property.
2. The requested rezoning of the subject 47.7 acre
property from A-1, Agricultural Rural Service to INS,
Institutional subject to the following conditions:
A. The administrative subdivision requested by the
applicants is approved by City Staff
B. Comments from other City Staff
The City Engineer has reviewed the Immediate Service
Area Boundary area as part of the sewer plan that was
given for the school. You should have been provided both a
Resolution and a Findings of Fact.
Ron Black motioned that we move this matter from the
table for consideration. Larry Fournier seconded the motion.
Motion carried four to one, with Norman F Freske opposing.
Larry Fournier said the School Board has a meeting next
week and he felt it would be more appropriate to take this up
after there meeting. Norm Freske didn't agree. He felt we
shouldn't delay it for the Otsego name as bids are in
February.
Doug Lindenfelser said let's approve it contingent on
that.
Bob Kirmis felt to place a condition on this is not
valid land use planning. The name is irrelevant to land use.
Andy MacArthur felt you end up being outside the scope.
Ron Black said they had made no good faith effort.
Ron Black motioned to adopt the Planning Commission
recommendation for this Resolution to Amend our Land Use Plan
CITY OF OTSEGO COUNCIL MEETING MINUTES OF JANUARY 10, 1994 AT
7:30PM - PAGE 6 -
to include the Dist #728 School Property and the five acres
in the Immediate Urban Service Area Boundary. Floyd Roden
seconded the motion. Motion carried unanimously.
Ron Black motioned to adopt the Planning Commission
recommendation to rezone the parcel from
A-1 Ag, to INS (Institutional). Floyd Roden seconded the
motion. Motion carried four to one with Larry Fournier
voting in protest because of the name issue.
Ron Black said when this first came up we did a number
of things to indicate to the school district on the naming of
the school. I am disappointed in the School Board in not
responding to the City Council. I don't think in good faith
we can not rezone this property, but I am unhappy with the
school thumbing their nose at Otsego.
Larry Fournier spoke against this motion because he
would like a response one way or the other until we rezone
it.
7.3. Discuss Temporary outdoor sales.
Kirmis explained that because of the holidays there were
a number of Christmas tree sales without approval. We are
asking for the Council's opinion as to do we need to regulate
these things. Obvious concerns are limiting parking demand.
The Zoning should provide for temporary incidental use, but
Christmas trees are not incidental to gas sales at Tom Thumb.
If an amendment is pursued, it would be reviewed by the
Planning Commission. It's not necessary to run thru
conditions at this time. It would be the Planning
Commission's responsibility, if you see fit.
Larry Fournier asked what are we talking about other
time sales?
Kirmis said grocery store summer sidewalk sales, etc.
Norman F Freske thought Administratively would be the
best way to permit it. Discussion was had with the Council
and Kirmis.
Doug Lindenfelser said he didn't feel there was a
problem. Larry Fournier agreed.
Floyd Roden felt we should designate some areas where
they can do this.
Mr Pearson from the audience stated he felt that most
Tom Thumb stores sell Christmas trees at Christmas. If you
are going to limit outdoor sales, I think garage sales are a
bigger issue.
Norm Freske agreed with Floyd Roden and Doug
Lindenfelser and Larry Fournier that at a future date it may
be appropriate to limit outdoor sales, but let it be for now.
Floyd Roden motioned to leave it as is on temporary
seasonal sales. Doug Lindenfelser seconded the motion.
Motion carried unanimously.
Ron Black felt we had two issues, one is Tom Thumb and
Christmas trees being sold out of residences. The answer is
that Christmas tree sales for residences are not permitted.
CITY OF OTSEGO CITY COUNCIL MEETING MINUTES OF JANUARY 10,
1994 AT 7:30PM - PAGE 7 -
7.4. City of Otsego - CUP for Pub. Rec. Use - 5A Parcel
W/City Hall:
Bob Kirmis explained the City has requested two CUP's
for two individual parcels for Public Recreational Use on INS
Zoned property. He said that the plan that is attached to
NAC's Report is different from the plan the Park and Recs.
Commission adopted. Mr Kirmis explained that they haven't
made a recommendation as of yet because of a different plan.
The 63+ acre parcel was continued by the Planning Commission.
The Planning Commission recommended approval of the 5 Acre
parcel subject to the following conditions:
1. A site plan based on a certificate of survey is
submitted to determine compliance with applicable INS
performance standards (i.e.., setbacks, etc.). The site plan
should identify all proposed recreational facility
components.
2. All applicable performance standards of the Zoning
Ordinance are satisfactorily met.
3. The property's mortgagee determine that the proposed
public recreational use will not impair the subject
property's mortgage agreement or related documents.
4. The property's bond counsel determine that the
proposed use will not impair the status of those bonds issued
by the Otsego EDA for construction of the Otsego Community
Center project on the subject property.
Ron Black motioned approval of the Planning Commission's
recommendation to approve the CUP for the City Hall INS Zoned
Property to allow Public Recreational Use & skating rink.
Larry Fournier seconded the motion. Motion carried
unanimously.
Ron Black said he felt one thing that would be helpful
is we need to establish better lines of communication between
the Council and the Park and Recs Commission. When the
Planning Commission does something, we get a report as
prepared by the planner. We need a recommendation from the
Planning Commission. We need to establish the same kind of
thing for the Park and Recreations Commission.
Tom Baillargeon, Chair of Park and Recs Commission said
he is here to try to establish some coordination with the
Park and Recs Comm and the City Council. He had a plan for
the skating rink which he gave the Council today.
Ron Black felt that we should regularly assign a City
Staff Member to Park and recs Meetings with the Staff Member
to do the minutes and also do a resolution for the City
Council.
Norman F Freske agreed, but didn't know about the
minutes. Roden felt this was the first project, but felt '
this came up too fast. He felt the skating rink is a dead
project. He said the Park and Recs Minutes have come back to
the Council all the time. If we are going to do something,
we need to get the Engineer involved and more money.
CITY OF OTSEGO CITY COUNCIL MEETING MINUTES OF JANUARY 10,
1994 AT 7:30PM - PAGE 8 -
Larry Fournier felt if we have the Commissions regularly
on our agenda and reports are given, the communication would
be helped.
Ron Black felt we also need a Staff person at the
Commission. It is the only Commission the City has that we
don't have Staff Members at. We need to have someone from
the City Office to help with direction so Park and Recs can
function the same as the Planning Commission and the EDAA.
Doug Lindenfelser said you have a person from the
Council, what more do you want?
Norman Freske said they are the only group that there
isn't a City person there.
Ron Black said he relies on NAC's Office for
information. Tom Baillargeon said he applauds Ron Black's
suggestion. Our Council Representative hasn't had the
opportunity to attend all the meetings we have had. If we
have to go to City Staff, it may dwindle our park budget.
Doug Lindenfelser asked if we can go to the pond for the
skating rink? Answer was no lights and rink is ready to fly
now and ready to flood.
Tom Baillargeon said he felt the skating rink came to be
by the Commission coming up with a skating rink/sliding/
snowmobiles and a sliding hill. We felt the skating rink
would be a good project.
Larry Fournier said he would like to think about this
Staff Person until the next meeting and give what we have in
place a chance.
Tom Baillargeon said they would like to provide cross-
country skiing. On the last page of his report there is a
place for a ski trail. Will this need approval, or can it be
done without a CUP?
Bob Kirmis said an ideal site plan would show the
ultimate development of the park. As these additional
recreational items come in there would be a plan already
approved.
Ron Black asked what is the permitted use in an INS
zoned area without a Hearing?
Bob Kirmis said anything that doesn't have an impact on
surrounding neighbors.
Ron Black asked if there is some reason why a skiing
trail that is temporary for this area can't be done? Bob
Kirmis explained is a CUP.
Ron Black said he has a problem saying in two months our
Park Committee can't put a skiing trail in. We have a group
of people that are trying to learn and I have a problem with
these road blocks.
Larry Fournier said at the Planning Commission they said
they can't do anything until we had a site plan.
Ron Black said he doesn't see anything that could
remotely be permanent. I recognize that the City should
CITY OF OTSEGO CITY COUNCIL MEETING MINUTES OF JANUARY 10,
1994 AT 7:30PM - PAGE 9 -
require the same thing as anyone else would have to do.
Andy MacArthur said he felt that they have to be treated
the same.
Larry Fournier - You are saying without a CUP they can't
do anything? Andy MacArthur agreed.
Tom Baillargeon - Asked why the City approved the
snowmobile trail and they can't approve the skiing? More
discussion was had. Floyd Roden explained how this got
started.
Ron Black said he felt that Floyd Roden didn't have to
apologize for not making Park and Recs Meetings. I don't
feel my role with the Planning Commission is one of making
sure the proper procedures and organizational functions are
properly followed, said Ron. I am there as an observor.
Floyd Roden brought up an application for $800.00 of
gambling money from the American Legion.
Ron Black motioned to ask the American Legion for funds
of $800.00 for the Park and Recs Comm. Larry Fournier
seconded the motion. Motion carried unanimously.
Tom Baillargeon brought up the grant application from
from the DNR that needs to be in by February 4, 1994. Can
the Parks Commission proceed with writing this without
Council approval?
Larry Koshak said it is the same one they did two years
ago.
Ron Black motioned that the City Engineer work with the
Parks and Recs Comm regarding LCMR funding. Larry Fournier
seconded the motion. Motion carried unanimously.
Doug Lindenfelser motioned and Ron Black seconded the
motion to have the Park and Recs Commission pursue the DNR
Grant funds. Motion carried unanimously.
Tom Baillargeon asked what the Council's future goals
for the Park and Recs Commission in 1994 are?
Larry Fournier felt he would like to see the planning
for the whole park area so we can have it next year.
Norman F Freske said you should add everything you might
possible want in there. If you forget something, you might
have to have another Hearing.
Ron Black suggested to have Park and Recs Commission
continue with the good work that they have done as this park
is quite a project.
Doug Lindenfelser asked if the snowmobile trail is in.
Tom Constant said not yet.
Doug Lindenfelser motioned to approve the Park and Recs
Commission to go ahead with a temporary skiing trail and
continue on with the rest of the Park and Recs Plans. Ron
Black seconded the motion for discussion purposes. Doug
Lindenfelser voted in favor of the motion and Ron Black,
Larry Fournier, Norman F Freske and Floyd Roden opposed.
Motion did not carry.
Larry Fournier agreed, but felt it might be a problem.
CITY OF OTSEGO CITY COUNCIL MEETING MINUTES OF JANUARY 10,
1994 AT 7:30PM - PAGE 10 -
Ron Black asked if this could be an emergency? Doug L.
he didn't see where there is a big problem. Andy MacArthur
felt, for the record, whether or not there is an emergency,
his advice is against it.
Larry Fournier felt he would like to support it, but
because of the legal aspect, he can't.
Tom Baillargeon felt if we continue with the what if's,
we may never get anything done.
Doug Lindenfelser felt next year there may be other
problems such as certain grasses you don't want to tamper
with, etc.
Ron Black asked what it would require for a ski trail?
Tom Baillargeon said a crude groomer with two tracks. Ron
Asked if this would be advertised? How would people know
about it?
Tom Baillargeon said he planned to advertise it thru the
paper, but word of mouth could work as well.
Ron Black said he would reluctantly oppose, because he
knows as an attorney where Andy MacArthur is coming from.
Doug Lindenfelser asked what if the City didn't approve
it and they did it anyway?
Andy MacArthur said we are still on notice.
Floyd Roden brought up the River Festival and how are we
doing it this year? It will be on 1-24-94 Council Agenda.
Ron Black felt when the City Council does less of a
hands-on job, for example in Rogers the City Clerk does the
decision making as long as it is in the budget.
Norm Freske said in Albertville, the Lions and other
clubs handle it. The City is out of it.
Larry Fournier asked what is the time table?
Tom Baillargeon said he would prefer to wait until they
can do the plan. The Council felt they should do the plan in
the next few months.
Ron Black motioned to have the City Attorney render an
opinion on appropriate uses of the park dedication fees.
Doug Lindenfelser seconded the motion. Motion carried
unanimously.
Floyd Roden said Joe Ebner talked to him and was
concerned with residential hunting of geese. They are
hunting and we don't have an Ordinance.
Larry Fournier asked the City Attorney to comment. Andy
MacArthur said we have the authority to regulate it.
Floyd Roden motioned to have Andy MacArthur look into a
fire arms ordinance. Ron Black seconded the motion. Motion
carried unanimously.
Ron Black said Elk River has a map of the platted areas
where the ordinance pertains. It may be an ordinance we wish
to look at.
Larry Fournier would like to include all existing
ordinances and he would like to know what the State
regulations are.
CITY OF OTSEGO CITY COUNCIL MEETING MINUTES OF JANUARY 10,
1994 AT 7:30PM - PAGE 11 -
Regarding a development moratorium for the LeFebvres
Watershed area:
Ron Black motioned to have NAC, in conjunction with the
City Attorney prepare a Moratorium of LeFebvre's Watershed
District, excluding any already approved projects. Floyd
Roden seconded the motion. Motion carried unanimously.
A short break was taken
Larry Koshak 8.1. #101 issues Elk River to #42
Regarding the permits to construct, Larry Koshak said he
met with the 8 people and gave them the documents. So far
Elaine Beatty has received four back. One of them has
conditions on it. He is optimistic they will all sign. He
has written to Mark Dierling letting him know the status of
these.
Norman Freske said there will be a meeting here,
Thursday night at 7PM on #101.
Ron Black has seen this document that the State is
asking people to sign. The concern his client has is when
will the State settle up? We tried to work that out with the
State and they are not communicating with anybody. The
concern was will this drag on for three or four years. More
discussion was had on this.
The noise wall issue was addressed by Mr Koshak and he
said the Council had directed him to prepare a Resolution on
(See CC11994)
CITY OF OTSEGO CITY COUNCIL MEETING MINUTES OF JANUARY 10,
1994 AT 7:30PM - PAGE 12 -
the noise wall opposing it. You did have a resolution
concurring with Mn/DOT that the wall was unsatisfactory.
Larry Fournier said Mn/Dot's position has changed. We
need to send a new letter saying we don't support the wall.
Larry Koshak said there is some kind of a State Statute
that Cities have to approve the project before it is built.
Andy MacArthur asked if any liability on the wall is the
cities? Larry Koshak said no.
Ron Black motioned that we respond to this letter
stating that we continue to oppose this wall and can't
believe that 10% of this project money is going into the
wall. Floyd Roden seconded the motion. Motion carried
unanimously.
Andy MacArthur felt they need to look at that statute.
Larry Koshak brought up 88TH and Obrian and there is
water coming up on Ochoa and 88TH on Lot 1, Block 4, Otsego
Acres. Water is building up in the back yard. There is a
pipe across Ochoa. In Lot 9, Block 2 water is bubbling up.
Floyd Roden said this has been going on for 12 years.
Larry Koshak said Obrian and 90TH is where it is coming
from. It is ground water.
Larry Koshak said there is nothing you can do short
term. In the long term you can restrict LuConics Pond and
have a positive outlet to Halls Pond. They asked Dave Chase
to keep the culverts open. We do have Ll, B2, next to Steve
Wiltermuth. We got it back on tax forfeiture. We could dig
a hole to retain water.
Ron Black felt it reinforces the need for a water plan.
Larry Fournier motioned to table 8.2 85TH and Page Ave
NE to Parrish - Approval of partial payment. Ron Black
seconded the motion. Motion carried unanimously.
8.3. Otsego Creek Authority update on meeting DNR
changed from 1/12/94 to 1/13/94 at 1:30PM.
The Authority directed Larry Koshak to prepare proposals
for digging the ditch out. They will prepare it for next
meeting. The meeting went very well said Mr Koshak and
Albertville was OK with it. They were a little up tight with
the thick book. They are concerned with the percentage of
the cost they have to pay. Mr Koshak told DNR he would have
5 or 6 people for the meeting mentioned above and would meet
at City Hall at 12:30PM.
Larry Koshak - Additional Agenda Items:
Mining Permits will be on the agenda for 1/24/94. On #37 and
#101 mining operation they are having trouble getting the
money out of Miller Chevrolet. Both mining permits at this
time are being done by Del Zentgraf.
Larry Koshak brought up the Wetlands Meeting at the
County he attended. It was a good general awareness meeting
on what the County SWD can do. It was a promotional meeting
for the County SWD. He recommends that the Council Authorize
CITY OF OTSEGO CITY COUNCIL MEETING MINUTES OF JANUARY 10,
CITY OF OTSEGO CITY COUNCIL MEETING MINUTES OF JANUARY 10,
1994 AT 7:30PM - PAGE 13 -
the Staff to update the Ordinance and add 1991 Wetlands Act
and changes to it and revise it.
Floyd Roden motioned to have the Staff revise Ordinance
to include the 1991 wetlands Act and changes to it. Ron
Black seconded the motion. Motion carried unanimously.
As of the first of the year, any property we review we
need to have a clearance on wetlands. We need to set a fee
for wetlands review.
Ron Black asked what do you mean use? Larry Koshak said
for a new plat or CUP someone has to check it out as to
wetlands and it can only be done from Spring to Fall, not
Winter.
Larry Koshak is sending in a certification of streets to
MSA this year. He has some extra copies. It tells us we can
have 13.11 miles of MSA streets and we have used up 12.9
miles. We have a .2 excess.
The next public works meeting is January 20, 1994 at
2:30PM.
Elk River Utilities want to purchase a CAD Disk of the
City maps at 1300 scale. They want to use it for the fire
department and electric. The original cost was $6,000.00 for
the City. What do you want to charge?
Larry Fournier motioned to set the fee for $100.00 for
the CAD Disk. Doug Lindenfelser seconded the motion. Motion
carried unanimously.
Dave Chase said we talked about Halls Pound clean out of
the drain. Larry Koshak will talk with them on Thursday
about this.
Floyd Roden brought up the Dyke controlled by Wright Co.
It is gouged out quite deep above the dyke where the land
owner wouldn't give the easement. Joe Ebner said it is a
problem.
Floyd Roden motioned to have Elaine Beatty write a
letter to the County Commissioners with a copy to the Co
Engineer on checking the dyke. Ron Black seconded the
motion. Motion carried unanimously.
Andy MacArthur said at the Council's request he went
over the letter of settlement from Mn/DOT. He recommended it
be accepted. We would have legal fees is not accepted. It
should be accepted contingent on them providing an acceptable
release. Larry Koshak felt it's not fair, but the best we
can do.
Floyd Roden motioned to accept Mn/DOT's offer of
$36,475.00 and have the City Attorney write the letter to
Mn/DOT. Doug Lindenfelser seconded the motion. Motion
carried unanimously.
Andy MacArthur said he recommends the Council have the
coverage on the Open Meeting Law Insurance available and
explained why.
Larry Fournier motioned to purchase the liability
insurance for violation of the Open Meeting Law from the
CITY OF OTSEGO CITY COUNCIL MEETING MINUTES OF JANUARY 10,
1994 AT 7:30PM - PAGE 14 -
League of Cities Insurance. Floyd Roden seconded the motion.
Motion carried unanimously.
Doug Lindenfelser brought up the County shop and OSHA
approval. Dave Chase said they got some information on what
was the no. 1 items that need to be changed. It should be
cleared thru the Public Works Committee. They met with Brian
Hex Spec. Proj. Adm. for Wright Co. and they got a lot of
good information from him.
Agenda Item 10.1. Designation of Official City
Depositories.
Mayor Freske read what we had in 1993.
Doug Lindenfelser motioned to keep the same City
Depositories. Floyd Roden seconded the motion. Motion
carried unanimously. (See resolution attached)
Motion by Larry Fournier to have the Official City
Newspaper be the Elk River Star News. Ron Black seconded the
motion. Motion carried unanimously. (See resolution
attached)
Larry Fournier motioned to re -appoint Ron Black to the
Council Representative to the Planning Commission. Doug
Lindenfelser seconded the motion. Motion carried
unanimously.
Doug Lindenfelser motioned to re -appoint Floyd Roden to
the Park and Recs Commission as the Council Representative.
Ron Black Seconded the motion. Motion carried 4 to 1 with
Floyd Roden opposing.
Larry Fournier motioned to appoint Norman F Freske to be
Planning Commission alternate Council Representative. Ron
Black seconded the motion. Motion carried 4 to 1 with Norman
F Freske opposing.
Ron Black motioned to appoint Ron Black as an alternate
to the Park and Recs Commission Alternate. Doug Lindenfelser
seconded the motion. Motion carried unanimously.
Larry Fournier motioned to appoint Larry Fournier as EDA
Advisory Commission Council Representative. Ron Black
seconded the motion. Motion carried unanimously.
Ron Black noted that the minutes should reflect that the
Council Member is a liaison officer.
Larry Fournier motioned to appoint Doug Lindenfelser as
Vice Mayor. Floyd Roden seconded the motion. Motion carried
four to one with Doug Lindenfelser opposing.
The Planning Commission Update:
Council Rep Ron Black said the Planning Commission is working
fine.
Park and Recs Commission Update:
Council Rep Floyd Roden said a Staff Person to take minutes
would be fine. It should be on the next agenda for
consideration.
Otsego Creek Authority Update:
Floyd Roden had no update as Larry Koshak had covered it.
EDA Advisory Commission Update:
CITY OF OTSEGO CITY COUNCIL MEETING MINUTES OF JANUARY 10,
1994 AT 7:30PM - PAGE 15 -
Larry Fournier said basically it is working well. They
finished their last project. (See letter from David Licht as
to what they are looking at for new projects).
Pawn Shops:
Letter from Dave Licht they are looking for Council
approval. Dave Licht will work with them if the Council so
wishes. Ron Black felt that all five things should be worked
on. Larry Fournier agreed as did the rest of the Council.
Ron Black motioned to have the EDAAC proceed with all
five items in Dave Lichts letter. Doug Lindenfelser seconded
the motion. Motion carried unanimously.
Maintenance of the carpet. Curt Otterness felt a carpet
and tile cleaner machine for $1,800.00 to $2,500.00 would be
a good idea. Should we pay that much? Next meeting it will
be discussed.
Administrative Committee:
We didn't have a meeting. 4:30 on Wed, we will meet on
1/12/94 instead.
Jim Barthel presented the Treasures Report.
The water softener for the old city hall was brought up
and the quote seemed too high. Doug Lindenfelser will check
with willie Duerr on same.
Judy Hudson is getting a quote on a movie screen.
Mayor Freske thanked Ron Black for the locks on the
voting booths and hanging Jerry Perrault's plaque.
On motion the meeting adjourned.
NO
N F FRESKE, MAYOR
I
ODEN, COUNCIL
RRY RNIER, COUNCIL
EBB
ELAl N BEATTY, DEPUTY CLE
ZONING ADM:
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION ESTABLISHING DEPOSITORIES FOR CITY FUNDS
BE IT RESOLVED, that the City of Otsego designates the First
National Bank of Elk River, Bank of Elk River, Security Bank
Northwest of St Michael, First Bank, Norwest Bank 'of
Minneapolis, Edward D Jones & Co., and Minnesota Municipal
Money Market Fund as the City's Depositories of City funds.
The City Treasurer is authorized to deposit up to $ 2
million dollars (2,000,000.00) in each of these depositories,
except as to deposits insured by the Federal Deposit
Insurance Corporation or protected by collateral or a
corporate security bond, the depository shall give bond to
the municipality in at least double the amount authorized to
be deposited therein to be approved by the City Council. The
City Treasurer shall deposit all or any part of the City's
funds into the depository and withdraw the same where
directed by the City Council to do so other terms and
conditions of deposit will be as decided by the City Council
from time to time.
Dated: January 10, 1994
NORMAWF FRESKE, MAYOR
CITY OF OTSEGO
A+T
laine Beatty, Deputy C1
Zoning Adm.
(CXTY SEAL)
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION ADOPTING AN OFFICIAL NEWSPAPER
WHEREAS, the Elk River Star News is a qualified
newspaper of general circulation within the City of Otsego:
BE IT RESOLVED that the City of Otsego designates the
Elk River Star News as the City's official newspaper
effective immediately.
BE IT FURTHER RESOLVED that all ordinances and any other
matters which are required by law to be published in an
official newspaper, and all other matters which the City
Council shall deem advisable and in the public interest to be
published, shall be published in the Elk River Star News.
Dated: January 10, 1994
NORMAN F FRESKE, MAYOR
CITY OF OTSEGO
ne Beatty, Deputy
Zoning Adm.
(CITY SEAL)
ORDINANCE NO. 94-1
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF OTSEGO TO
PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION.
THE CITY COUNCIL OF THE CITY OF OTSEGO HEREBY ORDAINS AS FOLLOWS;
Section 1. The official zoning map of the Otsego Zoning
Ordinance is hereby amended to change the zoning classification of
the following described property:
The South Half of the Southeast Quarter, Section 22,
Township 121, Range 23, Wright County, Minnesota.
EXCEPTING therefrom five legally described tracts which
descriptions are on file at the office of the Deputy
Clerk at the City of Otsego Office.
Section 2. The above described property is hereby rezoned
from A-1, Agricultural -Rural Service District to INS, Institutional
District.
Section 3. The Zoning Administrator is hereby directed to
make the appropriate change in the official zoning map of the City
of Otsego to reflect the change in zoning classification as set
forth above.
Section 4. This Ordinance shall become effective immediately
upon its passage and publication.
ADOPTED by the Otsego City Council this 10th day of January
1994.
CITY OF OTSEGO
By:
V
Norman F. Freske, Mayor
Jer-crnc -Pc r -r -a:
Elaine` Beatty, Deputy Clerk/Zoning Adm.
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 94-70
RESOLUTION APPROVING AN AMENDMENT TO THE OTSEGO COMPREHENSIVE
PLAN ADJUSTING THE IMMEDIATE URBAN SERVICE AREA BOUNDARY TO INCLUDE
THAT PROPERTY RECENTLY OBTAINED BY ELK RIVER INDEPENDENT SCHOOL
DISTRICT NO. 728 FOR CONSTRUCTION ON AN ELEMENTARY SCHOOL AND AN
ABUTTING FIVE ACRE TRACT.
WHEREAS, Independent School District No. 728 is the owner of a
certain tract of land (subject property) described ,on Exhibit A to
this resolution, and consisting of 47.7 acres, on which it desires
to construct an elementary school to service areas of the City of
Otsego; and
WHEREAS, upon transfer a five acre parcel (Exception 5) was
separated from the parcel; and
WHEREAS, the subject property is now within the City's Long Range
Urban Service Area; and
WHEREAS, Independent School District No. 728 has requested
rezoning of the subject property which has necessitated amendment
to the City's Comprehensive Plan to remove the subject tract and
abutting five acre parcel from the City's Long Range Urban Service
Area and place it in the Immediate Urban Service Area; and
WHEREAS, Said request has been approved by the Otsego Planning
Commission and they have made Findings Of Fact and Recommendations
that such requests be approved which are attached hereto as Exhibit
B; and
WHEREAS, it appears to the City Council that the subject property
and abutting five acre parcel can be adequately served by future
sanitary sewer service and the City Engineer has concurred in this
determination; and
WHEREAS, the lands do not qualify as a premature development in
that:
a. The land holds adequate stormwater drainage capacity.
b. The land has a safe water supply.
c. Adequate roads serve the property.
d. The site holds the ability to accommodate a safe sewage
disposal system.
NOW THEREFORE, THE CITY OF OTSEGO RESOLVES AS FOLLOWS:
1. That the City Comprehensive Plan be and hereby is amended to
include an adjustment removing the subject property and
abutting five acre parcel from the Immediate/Long Range Urban
Service Area and placing it within the Immediate Service Area
and abutting five acre parcel.
2. That the text of the Comprehensive Plan and all maps showing
the subject area and abutting five acre parcel attached to and
incorporated into the Comprehensive Plan shall be adjusted to
show the changes made in the boundary around the subject
property.
3. That the Findings Of Fact And Recommendations of the Otsego
Planning Commission are hereby adopted in their entirety and
incorporated herein by reference along with the Staff Report
by Northwest Associated Consultants, Inc. dated October 13,
1992.
Passed this 10TH day of January, /1994
City of Otsego
-
Norman F. Freske, Mayor
'U'i- PE- r 1*lt--City-c1
Elaine Beatty,,Deputy Cler
/Zoning Adm.
Exhibit "A"
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INDE
22,
SUBJECT PROPERTY:
IN RE:
REZONING
APPROVAL
CITY OP OTSEGO
WRIGHT COUNTY, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
Application of Elk River Independent School District #728 to rezone
the following described land from A-1 Agricultural -Rural Service
District to INS, Institutional District.
The subject property is legally described as:
The South Haif of the Southeast Quarter, Section 22, Township
121, Range 23, Wright County, Minnesota. EXCEPTING therefrom
five legally described tracts which descriptions are on file
at the office of the Deputy Clerk at the City of Otsego
Office.
On 26 October 1992, the Otsego City. Council met at its regularly
scheduled meeting to consider the application of Elk River
Independent School District #728 to rezone the above described land
from A-1, Agricultural -Rural Service District to INS, Institutional
District. eased upon the application, the recommendation of the
Planning Commission and the evidence received, the City Council now
makes the following findings of fact and decision.
ZINDZNGs OP PACT
1. The applicant is requesting a rezoning of the following
described property from A-1, Agricultural -Rural Service
District to INS, Institutional District.
The subject property is legally described as:
The South Haif of the Southeast Quarter, Section 22,
Township 121, Range 23, Wright County, Minnesota.
EXCEPTING therefrom five legally described tracts which
descriptions are on file at the office of the Deputy
Clerk at the City of Otsego Office.
2. On a preliminary basis, subject to formal processing, the
subject property's inclusion within the City's immediate urban
service area has been considered and found to be warranted.
3. Section 20-3-2.P. of the Zoning Ordinance directs the Planning
Commission and City Council to consider seven (7) possible
adverse effects of the requested rezoning. The seven effects
and the findings regarding them are:
a. The proposed action's consistency with the specific
policies and provisions of the official City
Comprehensive Plan.
The proposed use has been found to be in the best
interest of the community in a long perspective and will
promote land use compatibility and predetermined goals
and policies of the Comprehensive Plan.
b. The proposed use's compatibility with present and future
land uses of the area.
•
the proposed use is compatible
land uses in the area.
c. The proposed use's conformity
standards contained herein (i
noise, etc.) .
with present and future
with all performance
.e., parking, loading,
As part of subsequent site and building plan review, the
proposed use will be required to meet all applicable
performance standards.
d. The proposed use's effect upon the area in which it is
proposed.
The proposed rezoning and resulting use will not
adversely affect the area in which it is proposed.
e. The proposed use's impact upon property values of the
area in which it is proposed.
The proposed rezoning will not adversely affect property
values in'the subject area.
f. Traffic generation by the proposed use in relation to
capabilities of streets serving the property.
Following proposed Wright County improvements to County
Road 42 (i.e., turn lane, bypass lane, signage), traffic
generated as a result of the rezoning is within the
capabilities of the street (County Road 42) which serves
the property.
. the proposed use's impact upon existing public services
and facilities including parks, streets, and utilities,
and its potential to overburden the City's service
capacity.
The rezoning and resulting land use will not overburden
the City's service capacity.
5. The planning report dated 13 October. 1992, prepared by
Northwest Associated Consultants, Inc. and planning report
addendum dated 21. October 1992 to the Otsego Planning
Commission and City Council are incorporated herein.
6. On 21 October 1992, the Otsego Planning Commission conducted
a public hearing to consider the proposedrezoning preceded by
published and mailed notice. Upon review of the rezoning
application and evidence received, the Otsego Planning
Commission closed the public hearing and recommended that the
City Council approve the rezoning based on the aforementioned
findings.
pEcisso1 .
Based on the foregoing considerations and applicable
ordinances, the applicant's request to rezone the subject property,
as described herein, from A-1, Agricultural -Rural Service District
to INS, Institutional is approved in its present form subject to
the following:
1. The administrative subdivision requested by the applicant
is approved by City staff.
2. Comment from other City staff.
ADOPTED by the Otsego City Council this 10TH day of
January, 1994
ATTEST:
CITY OF OTSEGO
By: ( v. - G�- „7„.....4
orzt au F. Freske, Mayor
�cp_ Pecisl * - yy-
E1aine Beatty, Deputy C
erk
/k/Zoning Adm.
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