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03-28-1994 City Council MinutesMINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL, OF THE CITY OF OTSEGO, IN TRE COUNTY OF WRIGHT, AND THE STATE OF MINNESOTA REGULAR SESSION MARCH 28, 1994 - 7:30 P. M. CITY HALL 1. CALL TO ORDER The Otsego City Council met in regular session and was called to order by Mayor Norman F Freske at 7;30PM. ROLL CALL: Mayor Norman F Freske, Councilmembers Doug Lindenfelser, Larry Fournier, and Floyd Roden were present. Also present were Elaine Beatty, Deputy Clerk/Zoning Administrator, Judy Hudson Secretary, Larry Koshak, Engineer, David Licht, Planner and Andy MacArthur, Attorney. 2. CONSIDERATION OF MINU IES: The regular Council Minutes of 3/14/93. Doug Lindenfelser Motioned, Floyd Roden 2ND to approve the minutes. Motion carried unanimously. Mayor Freske noted that Ron Black will be late and Jim Barthel is sick. 3. DON MEINHARDT - RE: Sign for the City Hall and any other Business Don Meinhardt appeared before the Council. He passed out information on the price of the sign and said the Council has copies of the drawings of the sign. He shows two locations for the sign. If it is too close to the road it could interrupt the site -line. This is a large sign and needs to be above the snowline. It could be lowered 1' or so. Larry Fournier questioned the block material. It will match our building (spectroglaze) and the material inside the building. (burnished). There are two estimates on the sign and one on the masonry (see attached quotation). The sign could be done is stages. One could be the pillion w/sign and the electronic sign could be added later. Don Meinhardt explained. He suggested that we look at one of their signs. Wiring is separate. (underground). Councilmember Fournier said a sign is important, but what we need is a regional Bulletin Board to post information for everyone to see. Maybe we should consider that. He felt we should discuss this further. The rest of the Council agreed.26x44 was $9498.00, quote (no installation costs quoted.) He quoted one larger for a larger price. He said he felt we could get lower prices yet. We could think of an exterior bulletin board. Council felt it should be closer to the building. The Countertop in the kitchen was discussed and it is pulling apart. Don Meinhardt will try to correct it. Mike Kirsch will wire the computer for back-up power. Council advised Don Meinhardt to bring up suggestions for an outside bulletin board. MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL MARCH 28, 1994 7:30PM - PAGE 2 - 4. OPEN FORUM Frank Morsette - Wants a clarification on the LeFebvre Watershed area. They are looking at building al -family home on Odean Avenue. Larry Koshak said the site is in the watershed area and exemptions do not cover this site. Andy MacArthur said he also talked to Mr Morsette and he said the Council is the one to make the decision as to if we would amend the watershed district moratorium. Driveway would be accessing off of Odean Avenue. He met w/Larry Koshak/Bob Kirmis and Elaine Beatty on January 13, 1994. His concern was to make sure if he built his own home there, he wouldn't interrupt the future road. We had discussed developing that property. Since January 13th, I have had no inclination that this would be in effect. I went a step further and listed and sold my current residence. This does put me into a bind. Mayor Freske informed him that we had two or three meetings on this. Mr Licht felt maybe we should bring it back as an Agenda item at the next meeting. April 15,1994 is Mr Morsette's closing date. His other alternative is to contact the buyer to get out of the contract. This will be on the April 11, 1994 Council Agenda. LARRY FOURNIER MOTIONED TO TABLE THIS ISSUE AND PUT IT ON THE APRIL 11, 1994 AGENDA. FLOYD RODEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. JOAN KICKLER - Lives on Needham across from Dave and Loretta Schultz. She has some pictures from that area. She is curious if they are putting in a culvert across the road there. Mayor Freske said they will not do anything before informing the residents. She asked about a drainage project. Mayor Freske said the other people paid for the drainage themselves. She asked about ditching of 87TH. There used to be a ditch in the back yard. She asked if this is coming up later on the agenda. The Council will definitely inform the neighbors before anything is done. One option is to do nothing said Larry Koshak. We need a neighborhood meeting said Mayor Freske. Ms Kickler was informed that this was not on the Agenda later tonight. 5. DAVID LICHT, PLANNER 5.1. Big Ed's Trailer Sales As of May 24TH of last year the Council gave the operation 30 days to come in and file for an application and the directive was no additional equipment be brought in for sale. Staff has sent out numerous letters. An application was applied for. It was rejected and he was given another 30 days to come in. Notice was sent out that we would pursue legal action. We have a letter that the owner wished to discontinue the business and sell out by the 15TH of June. We will pursue action. He recommended that the Council pass a motion authorizing the City Attorney to pursue this by the 15TH of June. MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL ON MARCH 28, 1994 AT 7:30PM - PAGE 3 - Larry Fournier supports this being turned over to the Attorney now. The Council agreed it will not be brought back to the Council. LARRY FOURNIER MOTIONED TO NOTIFY BIG ED THAT HE HAS UNTIL THE 15TH OF JUNE AND AT THAT TIME IT WILL BE TURNED OVER TO THE ATTORNEY AND IT WILL NOT COME BEFORE THE COUNCIL AGAIN. DOUG LINDENFELSER SECONDED THE MOTION. (PER MR. DAUPHANIAS MEMO OF MARCH 23, 1994. MOTION CARRIED UNANIMOUSLY.) 5.2. City Hall CUP for Park and Recreational Use Mr Licht referred to a Finding of Fact and the City recommending approval subject to 9 conditions. This is a straight forward request. FLOYD RODEN MOTIONED TO ACCEPT THE P. C. RECOMMENDATION. DOUG LINDENFELSER SECONDED THE MOTION TO APPROVE THE CITY HALL CUP TO ALLOW THE PARK AND REC. USE. MOTION CARRIED UNANIMOUSLY. 5.3. Mining Ordinance (WILL BE MOVED TO MR KOSHAK'S MATERIAL) 5.4. Fire Arms Ordinance Mr Licht said it was modeled after several other Ordinances, The Wright Co Sheriffs Dept as well as the City Attorney has reviewed this. A committee is put together for reviewal of this Ordinance. "Mr Licht said that Committee is a key to the success of this Ordinance. After review of this we will discuss it further. The designated areas was a concern. Some areas of this are heavily hunted. A Committee should be established well before hunting season said Mr. Licht. (possibly May with a report back by July). A Game Farm is a Commercial Recreational Use Permit said Dave Licht in reference to Mr. Lindenfelser's question. Public input on this issue was discussed. A Workshop will be set up for this Fire Arms Ordinance. FLOYD RODEN MOTIONED TO TABLE THIS UNTIL A WORKSHOP MEETING. DOUG LINDENFELSER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Mr. Licht brought up the #42 and #101 property by Gil Darkenwald has a landscape operation all ready to operate. They have not posted security. He is extremely worried and suggests that the City Attorney be given OK to go ahead with prosecution on this. We had problems with the Antique business across the road and we should hold the property owner responsible. We have to say, we mean business. For the record a letter was sent on the 24Th of March on this. Mr MacArthur had a call from Hare Stewart. He has sent up a meeting with Mr Koshak and himself and he will convey this information to him. MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF MARCH 28, 1994 AT 7:30PM - PAGE 4 - LARRY FOURNIER MOTIONED TO AUTHORIZE STAFF TO TAKE WHATEVER STEPS ARE NECESSARY TO END HIS BUSINESS IF HE PROCEEDS WITHOUT THE PROPER AUTHORITY FROM THE CITY, DOUG LINDENFELSER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Mr Licht brought up 6.3. Riverwood setup license hearing. He felt a detailed inspection should be done for Riverwood and authorization should be made to pursue any violations. He brought up the parking lot curbing. We can have them authorize the posting of security for the curbing. Mayor Freske brought up the codifying of Ordinances. He explained. The Mayor brought up a Memo brought forth regarding the dairy operation . 5.5. Any other Planning Business (see above ) MIKE KIRSCH - Electrical Re. the Computers wiring. They felt he should meet with the Administrative Subcommittee. We will get together w/ Mike Kirsch, Robb Snavely and Elaine and Judy Hudson. 6. ANDY MAC ARTHUR, CITY ATTORNEY 6.1 Wild and Scenic Ordinance Update Response from the Wild and Scenic Ord and DNR. Most of the things are nit- picking and can be easily remedied. The City does have the option of requesting an Adm, Hearing. He was at the Legislature Hearing last Thursday and talked to Ms. Fect's boss and he said he is available to come out here and meet with us and discuss it. Judging what is in this I would suggest that we make the editorial changes as requested and resubmit it. I will attempt to get a 30 day waiver said Andy MacArthur. We are not unique. A lot of other communities have the same problem. Mr. MacArthur felt if we change it and send it in and they both talk to Mr. Stein it should get done, (Mr MacArthur and Mr Licht) DOUG LINDENFELSER MOTIONED AND FLOYD RODEN SECONDED TO RESUBMIT THIS TO THE DNR. MOTION CARRIED UNANIMOUSLY. 6.2 City Truck Financing (Bounding Vs Leasing) Mr. MacArthur said for bonding, between $800.00 and $1,000.00. Elk River Bonds were 5 % interest recently. The bonds could be paid off at any time. MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF MARCH 28, 1994 AT 7:30PM - PAGE 5 - DOUG LINDENFELSER MOTIONED TO GO WITH FORD'S LEASING PROGRAM WITH FINANCING. SECONDED BY LARRY FOURNIER. MOTION CARRIED UNANIMOUSLY. (subject to Andy MacArthur's Approval of the Lease) Andy McArthur needs a copy of the lease. 6.3. Riverwood set up License Hearin& Public Hearing on Riverwood Conference Center. No one wished to be heard. Dave Licht felt they should be required to post a security in the amount of what has to be done. That would be by the first of August . DOUG LINDENFELSER MOTIONED, LARRY FOURNIhR SECONDED THE MOTION TO APPROVE THE SET UP LICENSE CONTINUATION FOR RIVERWOOD CONFERENCE CEN'T'ER AS LONG AS A SECURITY IS POS 1hD FOR THE CURBING AND A CONTRACT AGREEMENT IS ENTERED INTO . MOTION CARRIED UNANIMOUSLY. MOTION BY FLOYD RODEN SECONDED BY LARRY FOURNIER TO CLOSE THE HEARING FOR RIVERWOOD. MOTION CARRIED UNANIMOUSLY. 6.4. VFW Parking Lot Deferment Earl Green appeared before the Council. He was given a copy of the VFW Parking Deferment Agreement and a 5 -minute recess was taken for him to review this. Meeting was called back to Order. Andy MacArthur explained. He said Mr Greer indicated they are planning on paving the 62 car spaces and the other part would be Class 5 until they needed the spaces. We wouldn't require them to asphalt the other area until we see a problem with parking. The other issue is how much would the City want to hold for Letter of Credit? What amount would the City require is the question. Mr Koshak has not had time to put a number together. Mr Greer questioned, because the land use is not that great without the facility being built. The letter of credit has to be determined. The 62 cars would cost $15,000.00 to blacktop. How long would you hold the letter of credit. If the Letter of Credit was for both lots, it could be reduced after the first lot was paved. Mr. Licht said The VFW is a community spirit organization. We could get an agreement that if there isn't sufficient parking they would shut it down or expand. We need a letter from the VFW stating the same. They are coming here in a community minded effort. If you have Class 5 out there should be someway to control it. A physical barrier, etc. Larry Koshak said they should do some fencing around the parking area. Maybe posts and cable. W/ the gravel surface you can put a cable around it also. Andy can redraft the agreement to include these items. It is in a recordable form. FLOYD RODEN MOTIONED TO GIVE THE VFW A DEFERMENT AND HAVE THE CHANGES WE DISCUSSED ADDED AND HAVE ANDY MAC ARTHUR REDRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF MARCH 28, 1994 AT 7:30PM - PAGE 6 - THIS AGREEMENT AND THE COUNCIL SEE THE FINAL COPY. DOUG LINDENFELSER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Mr Fournier asked if we are setting a precedent? Dave Licht said this is basically an exterior use with no buildings. This is a non-profit organization. Mr. Greer said we need to determine the cost of the permit. We will have to think about that. Larry Koshak and Jerry Olson will get together on that tomorrow. 8:30AM. 6.5. Any other Legal Business As far as Thibodeau, we have an agreement that will be signed tomorrow. Andy MacArthur brought up the enforcement and the Attorney involved. How is this handled? through criminal or civil action? He is unsure of what the agreement is. He was told that Mr. Conroy gets involved when we send him a letter. Judy Hudson asked if we have to give people with damage deposits interest on that when we return it. Andy MacArthur felt we did, but he will give us a memo on it. 7. LARRY KOSHAK, CITY ENGINEER 5.3 ABOVE MINING ORDINANCE Larry Koshak explained that a Hearing was held on the Mining Ord. there were no comments. Some revisions were added based on the P.C. recommendations. He explained. It is a repeal of Ord #9, existing Mining Ordinance. There were some definitions changed. All the corrections were made that were discussed. Two things that were different were. We are not going on a yearly renewal basis. There are enough items that if they do not comply with the Ord. we can pull their permit. If there is a non- compliance at any one time, it can be brought before the Council. Fees are out of the Ordinance and they will be set by Resolution. We will have to pass a Resolution. Recommendation is Application Fee be $750.00 $.5 per Cubic Yard be charged. If you wish to change that you can as Council. That amount of money is due for all the material that is removed, it is payable January 31ST of the following year. This is the old Ordinance with all the rest of the details. He explained further. There is a violation section on Pg 26. The Applicant has to have documentation that the yards were taken out to give us numbers, with cross-sections. We get a schedule from the applicant as to how they will mine the pit. He explained further as to timelines. This Ordinance will have a new Ordinance Number. Ord #9 will be repealed. FLOYD RODEN MOTIONED TO PASS THE ORDINANCE , WHICH IS REPEALING ORD #9. DOUG LINDENFESLER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. (MINING PERMIT ORDINANCE) MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF MARCHY 28, 1994 AT 7:30PM - PAGE 7 - FLOYD RODEN MOTIONED TO PASS A RESOLUTION TO ACCEPT THE NEW MINING ORDINANCE. SETTING THE APPLICATION FEE AS SET OUT ABOVE AND THE YARDAGE FEE. DOUG LINDENFELSER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Larry Koshak said there is an Application and information to fill out to get the Permit. 7.1. Wetlands Ordinance and Documents Larry Koshak explained. He had information in the packet for the Council and asked them to read the information. We have a Hearing on the Wetlands Ordinance on May 4, 1994. It is an involved process with a lot of different documents and applications. Larry Koshak left the documents with Elaine Beatty. The Council looked at the Documents. Larry Fournier asked about Pg. 4 letter I. Larry Koshak said that is just for information. 7.2. Consider Topo Mapping by Markhurd Markhurd representative appeared before the Council to give the Council information on Topo Mapping. Mr Swanson was his name. He said he was here for questions and answers. There are four alternatives. There were four options that had been put together by Larry Koshak. The more area we go with, the less the cost per acre is. #2 includes a portion of the #l01 area and the SE portion of the City. #4 was discussed at the Workshop Meeting the other night. The cost will not go up significantly if not all done this year. They are working with Wright Co now. Larry Koshak said it is important for drainage so we know what the contours are, etc. More discussion was had on the benefits of mapping, etc. We need as-builts, after it is developed. Choice #1 is the minimum amount to do. Mr Swanson said Alt #4 you could have the triangulation done and have it finished. The critical reason to have this is because of Storm Water Drainage Study. LARRY FOURNIER MOTIONED TO GO WITH ALT.#4 FOR TOPO AND CONTOUR MAP AT A PRICE OF $34,050 FOR ALT #4, SURVEY CON"1'ROL $12,050.00 TOTAL PRICE OF $46,100.00. DOUG LINDENFELSER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. THE FINANCING WILL COME FROM UNUSED MONEY WHICH WAS IN TENDED FOR A ROAD GRADER. Mayor Freske brought up the fact that we had talked about Mapping, and when we found out that the County was doing this, we decided to go along with them. The Mayor signed the agreement so Mr Swanson could take it with him. 7.3. Consider Stormwater Study - What area? $16,500.00 Study needs authorization. This was part of our Workshop Meeting. Alt #1 was the study. It should take care of the area for awhile said Mr Koshak. MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF MARCH 28, 1994 AT 7:30PM - PAGE 8 - LARRY FOURNIER MOTIONED TO AUTHORIZE LARRY KOSHAK'S FIRM TO DO THE STORM WATER DRAINAGE STUDY AS PRESENTED . FLOYD RODEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. (SEE: EXHIBIT B FROM THE WORKSHOP ITEMS) 7.4. Consider improvement Proj from CASH 19, Kadler Ave (80TH to 85TH ST) Proj. Resolution for ordering Plans and Specs. Larry Koshak explained. DOUG LINDENFELSER MOTIONED, FLOYD RODEN SECONDED TO PASS A RESOLUTION ORDERING PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJ FROM CASH 19, KADLER AVE (80TH TO 85TH ST) PROJ. THERE WILL BE NO CHARGE OR ASSESSMENTS FOR THIS PROJECT. MOTION CARRIED UNANIMOUSLY. WE ARE RECEIVING MONEY FROM THE STATE ON THIS PROJECT. FLOYD RODEN MOTIONED, DOUG LINDENFELSER SECONDED THE MOTION TO PUT AN ADDENDUM TO THE BID FOR GRAVEL SHOULDERING. MOTION CARRIED UNANIMOUSLY. Discussion of the Maintenance Department doing the shoulder work on this project was had. It can be bid with the project and decide later who will do it. WE RECEIVED A CHECK FOR THE KADLER BRIDGE. 7.5. Any other Engineering Business Otsego School water item. Norman F Freske explained that we are considering drilling the well to have water for the school and we could sell it to the School and any other Commercial or Industrial businesses that come in. Larry Koshak said we need to get better numbers to look at this. He will put the information in the next packet. The School is excited about the possibility of this happening. They are concerned about a large charge. Larry explained further. We need to get some answers from the school. The School will give the land to the City for the well. Vern Heidner asked about how it works. Larry Koshak said a hydro- numatic system. It would be OK for sprinkler system, but would need a water tower for fire service purposes.. Larry Koshak brought up O'Day Acres. We have a policy of concrete pipe for storm sewer. It is Larry Koshak's policy. It is up to 50 years or more lifespan. Mr Roden is asking to use plastic pipe for an area outside of the street. There are arguments for using that type of pipe. I prefer concrete because of it's durability. The plastic pipe is allowed by the Hwy Dept. where there isn't a heavy load on it. Doug Lindenfelser asked how it MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL ON MARCH 28, 1994 AT 7:30PM - PAGE 9 - holds up for winter steaming? Mr Koshak said plastic deforms. He didn't know how it would react to steam. Our precedent is we made Antelope Park put in concrete. We are discussing storm sewer. It is 150' long. Mayor Freske had a problem with allowing a lessor amount. The Council asked if there is any history on this pipe. It is relatively new said Larry Koshak. Freeze thaw is a problem. If it is better or as good, we could consider changing the policy. Frankfort Township uses it. Mr Koshak recommends as a long term for the City, concrete. Mayor Freske asked about a Transportation Meeting on April 27, 1994 at 1PM, Wednesday. Township and City Meeting with Wright Co Transportation. Larry Koshak will put together a report on needs. Doug Lindenfelser brought up a large tree the neighbors need to knock down by Cletes Vetch. He asked if the Maintenance Dept. should block off the road while they are doing this. The Maintenance Dept should remain there while they are doing this. Larry Koshak said also make sure that it is cleaned up. Discussion was had on notifying the fire departments as to the road being closed, in case of emergency. 8. CITY COUNCIL I'1EMS: 8.1. Consider Arleen Nagel for BEYOND THE BASICS planning workshop FLOYD RODEN MOTIONED, DOUG LINDENFELSER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY TO SEND ARLEEN NAGEL TO BEYOND THE BASICS PLANNING WORKSHOP. 8.2. Update on Adm. Subcommittee Meeting Larry Fournier said we talked about the map holder we have one to try out. Elaine and Judy attended a seminar in St Cloud. He talked about mail and records storage retention program. We will give recommendations for the next meeting. We normally meet twice a mo. each Wed. before Council Meetings. We will now meet once a month. The Minutes are being done in a new form that was learned at the Workshop. The Staff would like to adopt a staff value statement. They did internally. 8.3. Update on EDAAC Meeting Vern Heidner said he was not at the last meeting. The meeting is on the 4TH of April, 1994. Neither Vern Heidner nor Mr Nichols can attend. Judy has a copy. She is waiting for two more things and it will be copied to the EDA. He feels we are getting bogged down. He explained further. Liz wilder will have the minutes to Elaine Wednesday afternoon. MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL ON MARCH 28, 1994 AT 7:30PM - PAGE 10 - 8.4. Appoint Ad Hoc snowmobile committee Tom Constant will chair. It was an organizational meeting. Larry Fournier said Ron Black wanted the Council to appoint the committee. LARRY FOURNIER MOTIONED TO APPOINT THE LIST OF 24 PEOPLE TO THE AD HOC SNOWMOBILE COMIVII'1TEE, LIST TO BE SUPPLIED BY RON BLACK. FLOYD RODEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY 8.5. Discussion of Prayer Breakfast The 28TH of April is being looked at. Possibly the 21st for an alternate. They are looking at the UPA Lunchroom as first choice, Otsego 2ND Choice. 8.6. Pay any Bills 8.7. Any other Council Business Norman F Freske brought up information on Tornadoes and Red Cross help for the City. He felt we need a Committee and get the three fire departments together and try to work something out. The Red Cross is the one who suggested it, Mike Couri. We will talk to Dave Cecka. Mayor Freske brought up information on meetings. Sexual Harassment Training. Elaine Beatty is setting it up. Judy Hudson brought up the $400.00 damage deposit for the conference room. LARRY FOURNIER MOTIONED TO SET THE DAMAGE DEPOSIT OF $200.00 FOR THE CONFERENCE ROOM AND IT WILL BE RUN THROUGH THE BANK. DOUG LINDENFELSER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 8.8. Adjourn Meeting 11PM FLOYD RODEN MOTIONED, DOUG SECONDED THE MOTION TO ADJOURN THE MEETING. MOTION CARRIED UNANIMOUSLY. 11PM_ COUNCIL ADJOURNED. 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