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07-25-1994 City Council MinutesFile CCWS7794.WPS CITY OF OTSEGO MINUTES OF THE PROCEEDINGS OF JULY 25TH, 1994 OF THE CITY COUNCIL OF THE CITY OF OTSEGO IN THE COUNTY OF WRIGHT AND STATE OF MINNESOTA 7:30PM REGULAR COUNCIL MEETING 1. MAYOR NORMAN F FRESKE WILL CALL MEETING TO ORDER: Mayor Norman F Freske called the meeting to order at 7:30PM. ROLL CALL: NORMAN F. FRESKE, MAYOR, RON BLACK,AND FLOYD RODEN, COUNCIL DOUG LINDENFELSER, COUNCIL WAS LATE. LARRY FOURNIER WAS ON VACATION. JEROME PERRAULT, CLERK, JIM BARTHEL, TREASURER, ELAINE BEATTY, DEPUTY CLERK/ZONING ADM. AND JUDY HUDSON, SECRETARY WERE PRESENT. ALSO PRESENT WAS BOB KIRMIS, ASST. PLANNER, LARRY KOSHAK, ENGINEER AND ANDY MAC ARTHUR, ATTORNEY. 2. MINUTES CONSIDERATION: Workshop: 7/7/94 Pg. 7 Kenco not "Kalco" Floyd Mot. Ron 2nd All agreed. reg council 7/11/94 Ron Black Motioned Floyd Roden seconded approval. Motion carried unanimously. t 1 1 1': -, £ . 1 . I . '1 I: PLATTING HIS PROPERTY IN SECTION 36, TWP 121. R24 AND THE POSSIBILITY OF OBTAINING SEWER AND WATER FOR SAME: Rod D'Aigle appeared before the council. He said he is representing Frank D'Aigle. They are here to see what the City sees with the development of this property. Norman F Freske told him they regularly go to the P.C. and get the ball rolling. Rod D'Aigle said they understand that, but they are asking about the possibility of getting sewer and water for that property. Norman F Freske explained the process we are now in the process of talking to Albertville regarding sewer and water. Rod asked if there is sewer and water availible? Norman F Freske said not now, but that dosen't mean it won't be available. CITY OF OTSEGO CITY COUNCIL MINUTES OF JULY 25, 1994 7:30 P M PAGE -2- 4. SANDY SISNAR -BEADSTART,DISCUSSION OF FENCE FOR SAME AT OLD CITY HALL: Norman F Freske explained that Head Start has gotten a grant from the state and it would be funded by the Head Start people. They talked to Dave Chase. Ron Black asked if they wanted to fence an area E of the old town hall. Norm said yes and Dave Chase didn't have a problem with that.. The fence would be 50 ft. x 30ft. RON BLACK MOTIONED TO AUTHORIZE HEAD START TO INSTALL A FENCE ADJACENT TO THE OLD CITY HALL W/MUTUAL AGREEMENT WITH THE PUBLIC WORKS DEPT. FLOYD RODEN SECONDED THE MOTION. MOTION CARREIED UNANIMOUSLY. 5. OPEN FORUM: Tom Baillergeon - Parks and Rees Dept., said the Parks Commission has received all the quotes as requested. He has not had time to view them. Tom presented the Council with the quotes. The Council will make the decision as to what to do with them. He had a number of qoutes. Norman F Freske said all Council Members should get copies of the quotes. Floyd Roden felt the Parks Commission should go thru them. Ron Black said we should refer it to the Parks Commission with the City Engineer and come back with a recommendation. The Parks Commission has chosen tables and grills, etc. Do they need City Council approval? Norman F Freske felt they should go ahead. He also stated that it was approved at the last City Council Meeting, unless something has been changed. Tom Baillergeon said by the looks of the bids we can be very easily under their amounts. This project can be rolling quite quickly. The new park will also have handicapped facilities. Norman F Freske thanked him. Floyd Roden said the next meeting in August will follow the City Council Meeting. CITY OF OTSEGO CITY COUNCIL MINUTES OF JULY 25, 1994 PAGE -3 - MIKE POI "1'bR - RCI PROPERTIES. He represents the Zachmans. Ron Black was at the P.C. when Mike Potter and Zachmans attended that meeting. The P.C.said it was premature. He is wondering if this has changed. Bob Kirmis said nothing has happened to date. Norm Freske agreed. Mike Potter asked if they are requesting him to have a plat propposal? Bob Kirmis said Ag is the present land use and zoning. The City can change it, but it needs to have a reasoning or justification. He talked about economy and service provided to the area. You are certainly welcome to talk to the council and make application. The land use plan is what guides it. Mike asked if the City has any changes being looked at for the Comp Plan. Norm F Freske said possibly, there is a reson now. The P.C. has talked about looking at this area, but nothing has been done. Bob Kirmis said if an application is submitted, it must be considered by the P.C. Mike Potter asked if it would be more feasible to have a petition from the property owners in the area? Norman F Freske felt, in his opinion, it would give a start. Mike Potter said he had approached the P.C.,and it was denied. Ron Black said landowners can petition. Mike talked about the process and that he had informally gone to the PC. Ron Black said that process is to put in an application and petition to have the land use changed and have a hearing. Norm F Freske agreed. Doug Lindenfelser said when they have a hearing the surrounding landowners will have a say. They told Mike it was not a formal hearing. Mike Potter said the Zachmans were not into spending a lot of money unless they felt it was a possibility. Mike Potter asked if a list of landowners would be done? Mike Potter will pick up an application at City Hall. CITY OF OTSEGO CITY COUNCIL MINUTES OF JULY 25, 1994 PAGE -4 - JOHN BROST - Representing the Belfany goup. They have 78 acres. With 55 acres Albertville and 23 acres in Otsego. We are contemplating a development there. We were informed that we should petition for annexation. We want sewer service on the 23 acres in Otsego. The last few days, a lot of things have come our attention. Norman F Freske said we have a meeting August 4, at 7 PM with Albertville and the Muncipal Board will be the mederator, when we discuss this. John Brost phone no. is 473-5392. 6. BOB KIRMIS - NAC: Mr Kirmis appeared before the Council. 6.1. BRUCE LUBKE - PUD/REZONING TO ACCOMODATE EXISTING HOME EXTENDED BUSINESS: Mr.Kirmis explained on behalf of broster catering they have applied for rezoning from A-1 to PUD Rezoning. He explained further NAC's Report of July 14,1994. Staff had originally met with Mr Lubke to discuss this illegal use. Mr Lubke had indicated that he would like to continue the present use. He indicated that he would be willing to terminate the use upon his retirement of this business. He explained further. Compatibility will be insured, etc. P. C. has recommended approval of the PUD subject to 23 conditions. He read from the Findings of Fact, 1 thru 23 from Pages 3, 4 and 5. The City Attorney has requested that a statement be included that this arrangement regarding termination of the use has been agreed to by the applicant. Bob Kirmis noted that an access point from Co. Rd. 37 be terminated. The P.C., upon hearing the reasoning for such access by the applicant, recommended that that item be deleated (bus access for a handicapped child). Wayne Fengalson wasn't aware of any approval for that access. The Co.and NAC recommend that the condition be added, that at such time the need for this acces is terminated that it be removed and the need for the access be shown. Bruce Lubke saw no problem with that. RON BLACK MOTIONED ADOPTION OF THE P.C. RECOMENDATION WITH THE ADDDITONAL RECOMENDATION OF MR KIRMIS RECOMENDATION. OF JULY 25, 1994 REGARDING ACCESS ON CO.37. DOUG LINDENFELSER SECONDED, MOTION CARRIED UNANIMOUSLY. 6.2. MARY KNOSALLA - CUP, 1 PER 40 LARGER THAN 2-1/2 ACRES: Mr. Kirmis explained that a Lot size is larger than 2-1/2 acres, 3.3 acres of land is being requested. CITY OF OTSEGO CITY COUNCIL MINUTES OF JULY 25, 1994 PAGE -5 - This is Residential. This is allowed via CUP, the intent is to preserve prime farm lands. Existing residence and 12,000 sq ft pole building is being included in this split. A CUP to allow a pole building in a A-1 Residential zoning, is also necessary. The 3.3 acre lot size could be accomodated within the 2-1/2 acres. He read item a. from Finding of Facts, b, c, d, e, f, g, and h, added a 50' wide drainage easement be provided over ditch. Bob Kirmis explained the need for the CUP for a pole building. NAC believes the pole building can exist compatibly in that area and explained further. Property W of residence site is deed restricted. P.C. recommends denial of the request for the pole building. They further indicated it basically may present compatibility problems as more development occurs. The building. will become a legal non -conformity and Bob explained further. CUP RON BLACK MOTIONED TO ALLOW RECOMMENDATION OF P.C. TO ALLOW LOT SIZE LARGER THAN 21/2 ACRES. DOUG LINDENFELSER SECONDED, MOTION CARRIED UNANIMOUSLY. POLE BLDG CUP: DOUG LINDENFELSER MOTIONED TO APPROVE THE CUP FOR POLE BLDG. RON BLACK SECONDED(GRANT CUP TO ALLOW THE POLE BLDG AS ACCESSORY IN A-1 ZONING DISTRICT) MOTION CARRIED UNANIMOUSLY. Doug Lindenfelser asked why a shed would not be grandfathered in. Bob Kirmis said it is, but if it were destroyed it would have to meet current standards. There was discussion on it being greater than 50% demolished. Ron Black asked what could be built now? Bob Kirmis said it's 1,500 sq ft For a 1,248 sq ft building, why would they have to do it stick built. A pole type building would take a CUP. Ron Black asked if that is in an area deemed to be Ag? Bob Kirmis said yes for now, in our land use plan. Floyd Roden said until the zoning changes, it should remain as is. The owner asked if it would be allowed to improve the building for a non -conformity? THE CITY OF OTSEGO CITY COUNCIL MINUTES OF JULY 25, 1994 PAGE -6 - The new owner said he understands. He should not make any changes. He would like to improve the building by fixing up the siding and put in overhead doors etc. Mary Knossala said that they have and will comply with all the ordinances. She questioned Ordinance no. 4. regarding the drainage easement being established over the wetland. She is questioning why the easement? Larry Koshak explained it is our practice, when the occasion presents itself, that we get easements. He explained further. Work in ditches or wetland if necessary. Mary asked who's obligation is it to pay for this survey work? Doug Lindenfelser asked if it would require a survey to get this easement set up? Larry Koshak said at least we could have the easement over the 50'drainage ditch itself. Surveyors will have to locate the ditch so it can be described on the esement. Mary asked Floyd Roden if it is a drainage ditch technically? Floyd said yes. On Weidenbach's we also required an easement over the ditch. The ditch on the S side of the property. More discussion was had. Council agreed and Larry Koshak that they were talking about the Southern branch of the ditch. It has to be in the form of the deed so it can be recorded. Ron Black clarified. We are talking about parcel B, the City be furnished with a 50' easement over the drainage ditch to the S of the property. Wetlands be deleted. 6.3. BECKER DETACHMENT -ANNEXATION DISCUSSION: Tentative meeting set with Mayor Potter, Sharon Anderson, Mayor Freske, Larry Fournier and a Muncipal Board Representative on August 4, 1994 (8/4/94) at 7 P.M. at Otsego City Hall. Bob Kirmis had a Resolution on the Detachment for 80 acres from Otsego to Albertville annexation. The resolution establishes the City Comp Plan Policys relating to it. He explained further. No formal application for development of the propety has been received by the City of Otsego. Norman F Freske said this Resolution is to let them know we are opposed to it, etc. RON BLACK MOTIONED THE ADOPTION OF RESOLUTION, FLOYD RODEN SECONDED, MOTION CARRIED UNANIMOUSLY. CITY OF OTSEGO CITY COUNCIL MINUTES OF JULY 25, 1994 PAGE -7 - Ron Black said in the discussions that are held with Albertville and the Municipal Board, he would hope the subject that the directives in the Ordinance are directed to preserve Ag land be addressed. That is the bottom line concern on this. Are we bond by the Muncicipal Board order? That is the major issue here. This flys directly in the face of what we have been told. Norman F Freske agreed, but said that was 4 years ago. 6.4 ANY OTHER PLANNING BUSINESS: There was nothing else. 7. ANDY MAC ARTHUR, ATTORNEY: ANDY MAC ARTHUR APPEARED BEFORE THE COUNCIL. 7.1 DISCUSSION OF CONTRACT FOR WELL: He originally drafted a Muncipal Well Contract. The attorney for school district was Ron Black's office. It was shipped off to another attorney who was on vacation. Andy talked to Dr Flannery. The school district is in agreement with the changes. Andy MacArthur brought forth the design review on the pumphouse. He just drafted an additional . sentence. Add no. 10. No.10 At such time as Otsego proceeds with construciton of a pumphouse facility, it shall submit plans and drawings for that facility to the district for review and approval of the facilitys design compatibility with existing structures. Such approval shall not be unreasonably withheld. Read No.'s 1 - 10. With those provisions if it is approved, he will sign it tomorrow. FLOYD RODEN MOTIONED TO APPROVE THE AGREEMENT. DOUG LINDENFELSER SECONDED, WITH CHANGES. MOTION CARRIED UNANIMOUSLY. Andy MacArthur said when the contract is signed they need to proceed with bonding. MOTION BY FLOYD RODEN SECONDED BY RON BLACK TO SPEAK WITH HOLMES AND GRAVEN REGARDING BONDING FOR THE CITY WELL . MOTION CARRIED UNANIMOULSY. 7.2. DISCUSSION OF DATA PRIVACY MANUAL: At the last meeting we got a copy of the above document. Andy MacArthur has a resolution which would approve the manual which lays out by-laws naming Elaine Beatty as the responsible authority. CITY OF OTSEGO CITY COUNCIL MINUTES OF JULY 25. 1994 PAGE -8 - Floyd Roden asked if we should put in the name or have the clerk in. RON BLACK MOTIONED ADOPTION OF THE RESOLUTION. DOUG LINDENFELSER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 7.3. ANY OTHER LEGAL BUSINESS: Ron Black asked for an update on the water and sewer. Andy MacArthur said he has some changes to make, he is working on it and needs to get it done. Andy said he did submit a letter about the conflict regarding the annexation detachment. He can recommend an attorney. He discussed the law further and said it is not a particularly fair law. 8 LARRY KOSHAK, ENGINEER: Larry Koshak appeared before the Council. 8.1. BIDS ON WATERMAIN: Bids were taken for the watermain. Four (4) bids were received. R L Larson was low bidder at $ 78,881.50. He is the contractor working on Hwy 101 now. There is a resolution in your packet awarding the bids and authorizing the Mayor to enter into the contract with R L Larson. DOUG LINDENFESLER MOTIONED, FLOYD RODEN SECONDED THE MOTION TO ACCEPT THE BIDS. MOTION CARRIED UNANIMOUSLY. The well will be rebid on Aug 2, 1994 at 10AM. Larry Koshak will be on vacation that week. Pete Raattikka will be going to the MN/RD grand opening. 8.2. TOPOS (UPDATE): Topos and contours, by Markhurd, are here for Sec.16, 17, 20 and 21. We have determined the area that will be invited to the infor. meeting. Elaine has prepared a notice for the Halls water area informational meeting. Norman F Freske asked what we should charge for the topos? Larry Koshak the he felt the charges should be 1 acre minimum at $25.00 and 5 acres at $50.00. CITY OF OTSEGO CITY COUNCIL MINUTES OF JULY 25, 1994 PAGE-9- RON BLACK MOTIONED THAT WE ADOPT THE PRICING SECHEDULE FOR THE CONTOUR MAPS, AS SET FORTH IN LARRY KOSHAKS MEMO OF JULY 11, 1994. FLOYD RODEN SECONDED THE MOTION, MOTION CARRIED UNANIMLUSOLY. (UNDER 3 ACRES $25.00 3 ACRES OR MORE IT IS $10.00 AN ACRE). ROUND OFF THE FRACTIONS TO THE NEXT ACRE. RON SAID TO CLARIFY: $25.00 MIN. FOR 1 A, $50.00 5 A. (3A $30.00, ETC.) Council looked at the map and discussion was had. 8.3. UPDATE ON 80TH AND KADLER AND 85TH STREET PROJECT: It has been paved and is complete except for cleanup work. Public Works Department is shouldering. The work is at $111,00.00, bid was $120,107.87. We should come under the bid. Doug Lindenfelser said the road is 100% better than it was. Floyd Roden agreed. Doug Lindenfelser asked Larry if he had checked the culvert? Larry Koshak said not yet. Floyd Roden talked about his concern with approaches and blacktopping that some residents would like done. Larry Koshak said there are some communities that pave up to the property line. More discussion was had. Floyd Roden talked about striping all new roads. He felt we should do it. It will be brought up at Public Works Comm. Meeting now scheduled for Aug.11, 1994. 8.4. UPDATE ON COUNTRY RIDGE: Larry Koshak established well location, one in Co. Park, one in Country Ridge, in right of way. Mr McAlpine has letter of committal. Sealcoating issue is still not settled, but they are working on it. He hopes by the next meeting he can have it resolved. In Antelope Park, everything is completed there. In October, of 1994 is last of warranty on storm sewer pipe. 8.5. APPLICATION BY MINNEGASCO FOR ISLAND VIEWBILLSTROM ADDITIONAL AREA FOR GASLINE: Minnegasco will be coming from Monticello. Larry Koshak gave them approval, but is bringing it to the Councils attention. Larry showed the Council where they should be with the line. Restoration needs to be approved. It will be in the right of way, not the backslope. CITY OF OTSEGO CITY COUNCIL MINUTES OF JULY 25, 1994 PAGE -10 - DOUG LINDENFELSER MOTIONED TO APPROVE THE PERMIT TO INSTALL THE GAS LINE IN ISLAND VIEW AND BILLSTORMS ADD. BY MINNEGSCO.FLOYD RODEN SECONDED THE MOTION, MOTION CARRIED UNANIMOUSLY. 8.6. ANY OTHER ENGINEERING BUSINESS (OUTDOOR REC GRANT APPLICATION): Council has a snynopsis of it. Breakdown is, draft applicaiton which he showed. Resolution is for council to act on. It provides for local share, park maintenance and building. RON BLACK MOTIONED TO ADOPT THE RESOLUTION FOR GRANT PROPOSAL FOR OTSEGO PRAIRIE PARK. FLOYD RODEN SECONDED THE MOTION, MOTION CARRIED UNANIMOUSLY. Larry Koshak is meeting with FIN/RD group tomorrow (July 26) at 1 PM. Larry reported that the soil is not very good. Before the Fins put a piece of equipment on the boat, we have to make some decissions on the thickness of the mat.erial. We will have to negotiate with Fins to put on more blacktop and more gravel. Larry Koshak is meeting with Wayne Fingalson, District Engineers, Materials Engineers. He will report back to the City Council. Wright Co. has made no commitment. More discussion was had. 9. CITY COUNCIL ITEMS: 9.1. CITY BOARDS AND COMMISSIONS: a. EDAAC Larry Fournier was not here b. P.C. Has nothing now c. PARKS AND RECS: It is staked, and will be brought up at next meeting. Figuring the handicapped coming up the curb and right back. It could be done differently. It was decided that another curb cut was a waste of money. Norman F Freske got a call from Joann Gregerson regarding Sally Gulbrantsons and a park. They could fill it in and insure etc. Norm said we thought about that area for holding ponds. Floyd Roden said until that land is officially the City's there is nothing we can do. CITY OF OTSEGO CITY COUNCIL MINUTES OF JULY 25, 1994 PAGE - 11- d. #728 PARKS AND RECS BD: Canceled. e. PUBLIC WORKS: Meeting set tonight above. Discussion of lights and Jack Solderland was tickled with them. f. OTSEGO CREEK AUTHORITY: Floyd Roden brought up the Sentence to Serve people are covered thru the Insurance. Meeting coming up for August 10, 1994 7PM, Albertville. g. ADM. SUB-COMMIFI EE: No meeting 9.2. PEAVEY HOUSE ROOF - GREG VETCH QUOTE: Norm called and he added $100.00 to take down the chimney at $1,946.56. FLOYD RODEN MOTIONED TO HAVE G. L. ROOFING ROOF THE PEAVEY HOUSE. RON BLACK SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. (THAT IS TEARING OFF OLD SHINGLES, LANDFILLING, TAKE THE CHIMNEY DOWN). 9.3. DISCUSS THIRD INDUSTRIAL SITE: RON BLACK MOTION TO TABLE UNTIL PRESIDENT OF EDA RETURNS. FLOYD RODEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 9.4. ADDENDUM FOR EMPLOYEE CONTRACT TO SIGN: RON BLACK MOTIONED TO HAVE THE MAYOR EXECUTE THE EMPLOYEE CONTRACT AMENDMENTS. DOUG LINDENFELSER SECONDED THE MOTION, MOTION CARRIED UNANIMOUSLY. 9.5. ANY OTHER COUNCIL BUSINESS: Ron Black brought up the Mn/DOT open house. The City Council is invited to the all day affair. Meeting for Budget needs to be changed because of Albertville/Otsego Muncipal Board Annexation Meeting on 8/4/94. 7 PM. RON BLACK MOTIONED TO RESCHEDULE THE BUDGET MEETING TO THURS AUGUST 11, 1994 AT 7:30. DOUG LINDENFELSER SECONDED THE MOTION, MOTION CARRIED UNANIMOUSLY. Norman F Freske mentioned that we need trash enclosure for the trash. The Public Work Committee will address this issue. The should go ahead and have the fence built at the old city hall. CITY OF OTSEGO CITY COUNCIL MINUTES OF JULY 25, 1994 PAGE - 12 - Doug Lindenfelser purchased a chain saw for the city. Norman F Freske brought up misc. meetings. Tax Increment Meeting - Ron Black is planning on going to that meeting. Discussion of junk cars and the Co. handling the prosecution after the City sends a certified letter and takes pictures. Ron Black brought up the tornado warning system for 90th St. and Packard Ave. Ron wishes to have this included in the budget discusions. Ron Black will also talk to NSP. Ron Black questioned the photographers pictures. Where are they? They will be coming. Judy will retake pictures atnext council meeting. 9.6. PAY ANY BILLS: CLAIM NOS. 805 THRU 863 PAID INCLUSIVELY. 9.7. ADJOURN BY 11PM: FLOYD RODEN MOTIONED, RON BLACK SECONDED, TO ADJOURN, MOTION CARRIED UNANIMOUSLY. Al"I EST: ELAINE BEATTY DEPUTY CLERKJZONING ADM. CITY SEAL ,f,0404 DOUG INDENFELSEPI,COUNCIL FLOYD R 1' LARRY,' UR R, COUNCIL CITY. OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 94-94 A RESOLUTION ADOPTING A DATA PRIVACY ACT MANUAL AND APPOINTING A RESPONSIBLE AUTHORITY WHEREAS, the City of Otsego has drafted a Data Privacy Act manual for the City of Otsego employees to delineate the difference between private and public data for purposes of determining what data is immediately available to the public, and procedures for dissemination of such data, pursuant to Minn. Stat. 13.03, subd. 2. WHEREAS, the Minnesota Government Data Practices Act, Minnesota Statute 13.02, subd. 16, defines "responsible authority" as "the individual responsible for the collection and use, and dissemination of any set of data on individuals, government data, or summary data, unless otherwise provided by state law," and states that such an individual must be appointed by the governing body. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO: 1. The City of Otsego adopts the Data Privacy Manual dated ....,11.4.4"2 .54.1a 1994. 2. The City of Otsego appoints Elaine Beatty, Otsego Deputy City Clerk and Zoning Administrator, the "responsible authority" for the City of Otsego in those matters related to government data. This resolution is adopted by the Otsego City Council this 25Tliday of July, 1994. Motion for adoption made be Councilperson Ron Black and seconded by Councilperson Doug Lindcnfclscr • In favor: Norman _Emesc , flc11T.L.indenfelser, Floyd Roden, Larry Fournier, and Ron Black Opposed: NONE toms Perrault, City Clerk Norman Ceske, Mayor NORMAN F FRESKE, MAYOR