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04-11-1994 City Council MinutesCITY OF OTSEGO MINUTES OF THE PROCEEDINGS OF TBE CITY COUNCIL OF THE CITY OF OTSEGO, IN THE COUNTY OF WRIGHT, AND STATE OF MINNESOTA REGULAR SESSION APRIL 11, 1994 - 7:30PM CITY HALL COUNCIL CHAMBERS 7.30 - REGULAR COUNCIL MEETING FOLLOWS: 1. MAYOB_NORMAN F FRESKE will call to order.: Mayor Norman F Freske called the meeting to order. at 7:30PM ROLL CALL: Norman F Freske, Floyd Roden, Larry Fournier, Ron Black, Doug Lindenfelser was late. Also present was Jim Barthel, Treasurer, Elaine Beatty, Deputy Clerk/Zoning Administrator, Judy Hudson, Secretary, David Licht, NAC, Andy MacArthur, Attorney, Jerry Olson, Building Inspector, Carol Olson, Office and Duane Fiedler, Public works. 2. Consideration of the MINUTES of Special Workshop of 3/23/94, 4/6/94 and Council of 3/28/94: LARRY FOURNIER MOTIONED TO ADOPT AND FLOYD RODEN SECONDED THE MOTION TO ADOPT THE MARCH 23, 1994 MINUTES. MOTION CARRIED UNANIMOUSLY. MOTION BY RON BLACK SECONDED BY FLOYD RODEN TO APPROVE ADOPTION OF 4/6/9 MINUTES WITH A CHANGE. MOTION CARRIED UNANIMOUSLY. RON BLACK MOTIONED AND FLOYD RODEN SECONDED TO APPROVE THE MINUTES OF MARCH 28, 1994 FOR THE REGULAR CITY COUNCIL MEETING. MOTION CARRIED UNANIMOUSLY, WITH TWO CHANGES. FRANK MORRISETTE - Lefebvres Watershed Moratorium (concerning si gle family homes): Dave Licht explained the exception to section 4 of the ordinance and he read the information. (see attached amendment). It basically says that those lots do have the right to pursue building permits for those issues. They follow the workshop information. Dave Licht read. ;•11. : : , u• •►I • • :_11' 11.1 :Ail 010 h • 41 :•• �, SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 4 TOM HYSELL AND CLETE LUARTES RE: OTSEGO SCHOOL. Tom Hysell explained why they are here. Jerry Olson, Building Inspector also attended the meeting for any questions. The Council has been copied on the letter. He explained CITY OF OTSEGO COUNCIL MEETING MINUTES OF APRIL 11, 1994 AT 7:30PM -PAGE2- further. The lower area of the lot, there was some modeled soil, it indicated there was groundwater. It would require a mound system. So it was pushed back. MPCA Has a review time. There has been perk tests, and Braun intertec is testing the soils. The septic field is located to the Northwest corner of the property. This should work out and if it doesn't they have to make it work. The building has to stay where it is on the site. This is a formality, so everyone understands where we are at. Clete went over the site plan. The request is to begin construction. The heavy construction will be limited to the Orange covered area, and the septic area will not be disturbed. The building will not go anywhere. They would just like to proceed. Jerry Olson asked if they had done any borings or perk tests anyplace else besides the marked place. What about by the ball diamond. Water flow is what kept it to the west. They had a lot of borings for the building site. The drainfield required is determined by the perks. The field which is roped off is over - designed. Meadowvale School has 353,000 gals use a month. Larry Fournier said in several years this site may not be operable do you have a back-up field? It is designed for expansion within it. Clete said at some point they are hoping that the City will have sewer connections. They want to start footings. They are asking for a Conditional permit to start the footings. Jerry Olson explained that we probably won't have to worry about them going broke, Larry Koshak agrees that they can start the footings. The manhole is in the front of the building w/future sewer hook-ups. We could always go back to our original site. RON BLACK MOTIONED TO GRANT THE REQUEST IN THE LETTER DATED APRIL 7, 1994 FROM STAHL CONSTRUCTION, FLOYD RODEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Norman Freske welcomed the students present. 5. OPEN FORUM: No one wished to speak 6. NAC: (Bob Kirmis or Dave Licht), CITY PLANNER: 6,1. See #3 Above: 6 2 ._- R./ • • _ • T 0.0-.. 1$ -E- 1 • • •• • .l • reduction of the existing utility and drainage easement which divides said Lots 3 and 4 from 50 feet to 25 feet and the reduction of the easement on the South side of Lot 4 from 25 feet to 10 feet PID#'s 118-038-001040 and #118-038-001030 described as Lots 3 and 4, Block 1, Mississippi Shores 6TH Add:. Andy Mac Arthur explained the easements and Elaine Beatty noted that the proper publication had been done. (See Attached easement information) Andy MacArthur has prepared a legal description and information for signature. There was no comment, CITY OF OTSEGO COUNCIL MEETING MINUTES OF APRIL 11, 1994 AT 7:30PM - PAGE 3 - MOTION BY FLOYD RODEN, SECONDED BY RON BLACK TO CLOSE THE PUBLIC HEARING. MOTION CARRIED UNANIMOUSLY. LARRY FOURNIER MOTIONED TO VACATE THE EASEMENTS FOR DRAINAGE WHICH DIVIDES SAID LOT S 3 AND 4 FROM 50 FEET TO 25 FEET AND THE REDUCTION OF THE EASEMENT ON THE SOUTH SIDE OF LOT 4 FROM 25 FEET TO 10 FEET. PID NOS. 118-038-001040 AND 118-038-001030 DESCRIBED AS LOTS 3 AND 4, BLOCK 1, MISSISSIPPI SHORES 6TH ADDITION. RON BLACK SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6.3. Any other Planning Business: Dave Licht had none Larry Fournier asked about the inspection of Riverwood. Last Thursday Mr. Kirmis inspected Riverwood. There were several minor violations found. Riverwood is in the process in correcting those. A report was sent to Elaine Beatty today. Nothing else for Mr Licht. 7. ANDY MAC ARTHUR, CITY ATTORNEY: 7.1. SEE #3 ABOVE: 7.2. SEE #6.2 ABOVE. 7.3 UPDATE ON THE WILD AND SCENIC ORDINANCE. Andy MacArthur explained. Bob Kirmis made the majority of the changes By the end of this week or next week we should be able to get this sent in. Dave Licht wrote John Stein regarding this. 7.4. ANY OTHER LEGAL BUSINESS: Andy MacArthur contacted Country Ridge by letter He has not yet received a reply. FLOYD RODEN MOTIONED THAT THE LEGAL DEPARTMENT FOLLOW UP ON COUNTRY RIDGE AND THERE AGREEMENT. LARRY FOURNIER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Building Permits can be held up - There is one that has not been built. Andy MacArthur saw no problem with this. RON BLACK MOTIONED THAT THE CITY WITHHOLD THE BUILDING PERMIT FOR COUNTRY RIDGE UNTIL THE LETTER OF CREDIT IS RECEIVED. SECONDED BY DOUG LINDENFELSER. MOTION CARRIED UNANIMOUSLY. CITY OF OTSEGO COUNCIL MEETING MINUTES OF APRIL 11, 1994 AT 7:30PM -PAGE4- Andy MacArthur said he met with Hare Stewart a couple of weeks ago on Harefield Farms matter, he indicated that he would not do the letter of credit as it was written. He indicated he wanted to build the structure and have a10% bond. Andy told him to put that in writing. He called Mr MacArthur the next day and he said he would be removing the items. Andy MacArthur said he would have a problem with the 10% deal. He wasn't clear as to what he was saying. Dave Licht said the plant materials have been removed from the site. The Darkenwalds have given us some correspondence on this. Andy MacArthur said he indicated that he would pay the City and pay his architect second. He indicated to Andy MacArthur that he would not build until June. Larry Fournier asked Andy MacArthur about the 2 yr Mayor term can it be different than 2 yers for the Mayor? Andy MacArthur said we were bound to the one option, but it can be changed. Dave Licht said Lakeville just switched. LARRY FOURNIER MOTIONED TO INSTRUCT THE CITY ATTORNEY TO GET THE NECESSARY INFORMATION TO CHECK OUT MAKING THE TERM OF OFFICE FOR MAYOR TO 4 YEARS INSTEAD OF 2. RON BLACK SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Discussion was had. Ron Black asked if they could have the off year election for the Mayor. Doug Lindenfelser asked when you can make the changes. Andy MacArthur said anytime you want, but you have to coordinate that. Larry Fournier felt it would add stability to the City Government. Andy MacArthur commented on the P and Z decision. If all the proper procedures are followed, when you go into Court the Council's Decision is hard to overturn. Norm F Freske brought up the Clean Up Day. Some of the City Employees run the clean up day and we are curious as to how we can run it. Andy MacArthur said if you require someone to show up you have to pay them. If they were in charge of it and they did leave, the Council would have no recourse. I would not attempt it without clear and lots of documentation. 6. CITY COUNCIL ITEMS: 6.1. UPDATES ON THE FOLLOWING COMMITTEES: a. PUBLIC WORKS (OLD SALT SHED) Duane was going to keep it. They don't know if they can repair it. Thisis the Old City Hall. Ron Black said the Historical Committee has expressed an interest to get some CITY OF OTSEGO COUNCIL MEETING MINUTES OF APRIL 11, 1994 AT 7:30PM - PAGE 5 - funding to try to restore that place. Jerry Olson looked at it a few years ago. On behalf of the Historic Commission we would like to let it set there until we get some grants. It is just the outer shell. He suggests the doors should be nailed shut and put a hasp on the front and back door. Doug Lindenfelser would like to burn it. Larry Fournier said let them look at it and if they don't want it we can get rid of it. May 4th is the Historical Ordinance Hearing, RON BLACK MOTIONED TO HAVE THE PUBLIC WORKS DEPARTMENT BE DIRECTED TO SECURE THE OLD CITY HALL BUILDING SALT SHED, LARRY FOURNIER SECONDED THE MOTION. MOTION CARRIED 4 TO 1 WITH DOUG LINDENFELSER OPPOSING. Norman F Freske brought up the minutes of the Public Works and went over them They OK'd $130.00 for Corrow to check out the sprinkler system. The heads need to be checked out. Sweeping was brought up by Norm F Freske. Hot water heater in the shop and revamping the bathroom area was discussed. They would like a natural Gas heater. Jerry Olson said he doesn't know if there is a relief valve. It is dangerous. Wiring running all over. It has to be looked at by an electrician and a plumber. Ron Black said Jerry Olson should coordinate whatever numbers it would take to get that place spiffed up. They need hot water to wash trucks, etc. Pressure washer was brought up. Hot water heater could be put up above. Ron Black asked if the machine that Northern Hydraulics had would be what we would like to get. Would it be heavy duty use? b. PARK AND RECS Floyd Roden said they need another Parks Member. Kris Niebler has resigned. Our alternate can take over . FLOYD RODEN MOTIONED AND RON BLACK SECONDED TO HAVE DARLYN KOEFED TAKE OVER AS PARK AND RECS MEMBER. MOTION CARRIED UNANIMOUSLY. (ADD LENGTH OF TERM TO THIS) RON BLACK MOT. DOUG SECONDED TO ACCEPT KRIS NEIBLER'S PARK AND RECS RESIGNATION. MOTION CARRIED UNANIMOUSLY. ELAINE BEATTY WILL SEND A LETTER TO HER. NORM FRESKE GOT A CALL FORM ROCKY MARTIN AND THEY WILL BE PLANTING TREES APRIL 29, 1994 AT 10.00 AM ON FRIDAY. FLOYD RODEN SAID THEY WANT HIM TO PLOW A STRIP ON THE NEW SCHOOL SITE 50 BY 200' NORM SAID THAT IS WHAT THEY NEED HERE ALSO. CITY OF OTSEGO COUNCIL MEETING MINUTES OF APRIL 11, 1994 AT 7:30PM -PAGE6- c. #728 PARK AND RECS BD Ron Black said there was a regular monthly meeting this noon. Shortly there will be a report to the Council from Mr Asfahl. The organization is operating well. Elected officials and City Officials and City Officers are an interesting mix. Shortly, we will get a revised joint powers agreement. Some of these changes are recommended by the League of Cities. Jeff Asfahl is coordinating with the Parks and Recs Commission. They are doing a study of the future needs for recreation facilities. All of the surrounding parks people will be invited to participate in that study. d. P.C. Ron Black said at the PC Wednesday night there was some discussion attempting to change the minimum lot size in the Wild and Scenic area from 2-1/2 to 2 acres. I i • • • • • .. it fir 1 -11-• • •• 1111_ L !- We don't have the existing Ordinance in place. Until that is in place it is premature to talk .•• e! 1e1!- r- 11 Council authorization. It will probably come up in the future. There were two commission members who thought we should go to the two acre size. I cut the discussion off because we were wasting our time. Lets get the Ord in place first. It should be a Council and PC decision. The reason should be for the benefit of the City said Floyd Roden. Norm Freske said more up -scale homes is the reason. e. OTSEGO CREEK AUTHORITY: Floyd Roden said that the 26TH of April there is a Hearing coming up. Judy Hudson said we have been getting a lot of inquiries. Larry Fournier and Floyd Roden didn't make it out to the Creek on Sat. It was too windy and muddy. Floyd said he hasn't proceeded any further. We have to know the cost first. h. (added) EDAAC Committee: The committee finished their latest project and they need a vacation. May 2, 1994 is their next meeting. By -Laws is the next project to work on for them Vern Heidner siad they will start building a data base of businesses and will try to figure out who's who. They are a little frustrated and we think you guys are too. Vern Heidner said it is amazing how reactions and actions change when a group of outside people come in. Norm Freske talked about the delay. You can't have people hanging in the balance. Norm Freske said thank Mr Nichols for his efforts at the meeting, he did a great job. More discussion was had.. f. CONSIDER ALBERTVILLE/OTSEGO FIRE BD ISSUE (POSSIBLE LETTER): Larry Fournier said last fall during the discussions, it was brought up that they would form a Fire Committee with Albertville/Frankfort and Otsego. CITY OF OTSEGO COUNCIL MEETING MINUTES OF APRIL 11, 1994 AT 7:30PM -PAGE7- LARRY FOURNIER MOTIONED TO SEND THE CITY OF ALBERTVILLE A LETTER ASKING THEM TO FORM A FIRE COMMITTEE. FLOYD RODEN SECONDED THE, MOTION. MOTION CARRIED UNANIMOUSLY. Ron Black said we should send a carbon copy to Frankfort Twp. g. Consider appointing a Public Service Committee: Larry Koshak has talked to some people about sewer and the possibility of it working for Industry and Commercial . We have the facilities there and it might be smart to look into it. LARRY FOURNIER MOTIONED TO FORM A PUBLIC SERVICE COMMITTEE AND APPOINT A COMMITTEE TO HAVE THEM CHECK IT OUT. RON BLACK SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. PUBLIC WORKS COMMITTEE: RON BLACK NORMAN F FRESKE WERE APPOINTED BY THE MAYOR. 6 2 CITY HALL RENTAL - (RE: JUDY HUDSON'S NOTE ON REFUND OF DEPOSITS: RON BLACK MOTIONED TO GIVE THEM THEIR DEPOSIT BACK. LARRY FOURNIER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Larry Fournier said we can continue to look at them on an individual basis also. (60 days was the line to draw on this) the Council agreed. Judy Huds_on had a $150 00 &so that backed out, what should we do on that (Shewass instructed to leave it to see if it is rented.) � 3 DISCUSS ELK RIVER MUNICIPAT. LTT_'IT.ITIES Ron Black and Norm Freske will check this out. 6.4. PRAYER BREAKFAST (SCHEDULED FOR 4/28/94): 7AM to 8:15PM. AT CITY HALL IN OTSEGO • TRAINING (TENTATIVE DATE 5119/94 - 7PM) ►�� :.i..: 11 .i r. M.1 kill • d LARRY FOURNIER MOTIONED AND RON BLACK SECONDED TO TRY TO SET THE DATE FOR MAY 26, 1994 AT 7PM. 6.6. DISCUSS INFORMATION ON STREET LIGHTS FROM ELK RIVER UTILITIES - POSSIBLE DECISION: CITY OF OTSEGO COUNCIL MEETING MINUTES OF APRIL 11, 1994 AT 7:30PM - PAGE 8 - PUBLIC WORKS COMMITTEE TO LOOK AT COST AND AFFORDABILITY. MOTION CARRIED UNANIMOUSLY. 6 7. ANY OTHER COUNCIL BUSINESS: Norman F Freske brought up a letter from John Oliver to review. He also brought up other meetings TREASURERS REPORT: Treas report and it was stated that the Auditors were here this week. Council went over the figures. Total Balance from first and end of the year is $10,000.00 higher. Jim said we borrowed some money for the lease. Year end report was reviewed by the Council. Larry Fournier - Referenced a memo from League of Mn Cities. Contact our Senator r regarding elections. LARRY FOURNIER MOTIONED TO SEND A LETTER TO SENATOR AND REP AND URGE THEM TO SUPPORT SF1512 THE ELECTIONS IN EVEN AND ODD NUMBER YEARS. RON BLACK SECONDED THE MOTION. MOT ION CARRIED UNANIMOUSLY. ENVIRONMENTAL MEETING BROUGHT UP BY NORM FRESKE. WETLAND CONSERVATION ACT - DO WE WANT TO HAVE NOTICE OF THEIR WETLANDS? RON BLACK MOTIONED TO HAVE THE CITY CLERKS OFFICE NOTIFY THE CITY OF ELK RIVER THAT WE WOULD LIKE NOTICE OF WETLAND INFORMATION FROM THE CITY OF ELK RIVER. DOUG LINDENFELSER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. RON BLACK BROUGHT UP : tornado warnings and what kind of a warning system we have in Otsego and how the City as a whole is covered as far as an emergency situation. He felt we should look into those types of questions. Ron Black is willing to look into this and report back. The Council agreed for him to do this. Next meeting will the Council come at 7pm for a picture? asked Judy Hudson. Doug said he wouldn't guarantee it. Look at a June date. 6.8. PAY ANY BILLS: Bills were paid CITY OF OTSEGO COUNCIL MEETING MINUTES OF APRIL 11, 1994 AT.7:30PM —PAGE9— MOTION BY RON BLACK AND SECONDED BY LARRY FOURNIER TO HAVE JUDY HUDSON GET A NOTARY AND ELAINE BEATTY BRENEW HER NOTARY MOTION CARRIED UNANIMOUSLY. ,•. is• FLOYD RODEN BROI IGHT hP THE WETL NDS AND CITY BEING THE LGU BUFFALO TO CHECK OUT THE WETLANDS ON HIS PLAT. WE NEED TO CHECK WITH LARRY KOSHAK ON THIS FLOYD BROUGHT UP THE INFORMATION ON HMFA AND SAID HE DIDN'T KNOW WHO COULD QUALIFY FOR THAT MONEY. REPRESENTATIVE. 6.9. ADJOURN (BY 11PM) • • ILII ►1D : u• Id 1 • :l • 1:► ••�I.0 . . • 1:►11 •►I• • 11.1 LiI •L u• •► :::1 • 1►:hila-• N F FRESKE, MAYOR FLO ROI'SEN, CQ ' C RON BLACK, COUNCIL DOU 0 ELAINE BEATTY, DEPUTY CLERK/ • G ADM. (CITY SEAL) ENFEL ER, COUNCIL R, COUNCIL