09-26-1994 City Council MinutesCC9894.WPS
CITY OF OTSEGO CITY COUNCIL MEETING IN THE CITY OF OTSEGO,
COUNTY OF WRIGHT AND THE STATE OF MINNESOTA OF
SEPTEMBER 26, 1994
REGULAR COUNCIL MEETING
7:30PM
1 MAYOR NORMAN F FRESKE WILL CALL MEETING TO ORDER:
Mayor Norman F Freske called the meeting to order at 7:30PM.
ROLL CALL:
Mayor Norman F Freske, Mayor, Doug Lindenfelser, Floyd Roden, Larry Fournier, and
Ron Black, Council were present.
Also present were:
Jim Barthel, Treasurer, Elaine Beatty, Deputy Clerk/Zoning Administrator and
Judy Hudson, Secretary.
Professional Staff present were Larry Koshak, Engineer and Kevin Kielb, Engineer,
Dave Licht, Planner and Andy MacArthur, Attorney.
2. CONSIDER MINUTES:
SEPTEMBER 8TH WORKSHOP MEETING: LARRY FOURNIER MOTIONED
TO ACCEPT 9/8/94 WORKSHOP MINUTES. FLOYD RODEN SECONDED
MOTION. MOTION CARRIED UNANIMOUSLY.
SEPTEMBER 12TH REGULAR COUNCIL MEETING:
Pg.3, $7,000.00 should be $700.00 Last Page - should read able to attend.
FLOYD RODEN MOTIONED. RON BLACK SECONDED TO ACCEPT THE
REGULAR COUNCIL 9/12/94 MINUTES. MOTION CARRIED
UNANIMOUSLY.
Pg. 6 - Floyd Roden seconded. (Has been changed)
Workshop Meeting, September 14, 1994 should read,
LARRY FOURNIER MOTIONED ADOPTION OF WORKSHOP MINUTES OF
9/14/94 DOUG LINDENFELSER SECONDED. MOTION CARRIED
UNANIMOUSLY.
3 DARLENE SOLBERG, OTSEGO PARK AND RECS COMM. DISCUSS THE
RULES AND REGS. OF ICE SKATING RINK:
Darlene Solberg appeared before the Council She supplied a packet to the Council.
Jeff Asfahl helped the Park and Rec. with the rules and regulations. A job description for
staffing the rink and maintenance, was included. This weekend the skating rink and
warming house will be completed. The skating rink rules, hours and staffing, need to be
approved by the Council. The hope is to utilize the skating rink this year.
CITY OF OTSEGO COUNCIL MEETING MINUTES OF
SEPTEMBER 26, 1994 PAGE 2
Larry Fournier asked about the phone access
Bill Olson has a phone next door for emergency calls. The rink will be next to the pole
building, the same as last year.
Larry Fournier questioned the first aid training.
Jeff Asfahl said if they had a candidate with no first aid training, they would proceed to
train them.
Ron Black asked if the budget included a telephone in the warming house?
Darlene said not at this time, but we will include it in the regular Park and Recs budget.
Ron Black felt there should be a telephone available.
Judy Hudson stated that there was a phone out there when the building was constructed.
Ron Black said he would recommend a phone be there before the doors open.
Norman F Freske agreed.
Floyd Roden said there should also be a port -a -potty.
Judy Hudson will check prices on a port -a -potty.
Mayor Freske thanked Darlene Solberg for all the work.
FLOYD RODEN MOTIONED APPROVAL OF THE ICE RINK OPERATION
BUDGET. RON BLACK SECONDED THE MOTION, PROVIDED THAT IT
INCLUDE A TELEPHONE. (FLOYD AGREED). MOTION CARRIED
UNANIMOUSLY.
4. JEFF ASFAHL - DISCUSSION OF #728 JOINT REC. BOARD ISSUES:
Jeff Asfahl appeared before the Council. He is appreciative of the support from the
Council and the City of Otsego. He has prepared some information outlining the local
impacts. He went over the programs and talked about the upcoming hayride. Floyd
Roden and Doug Lindenfelser are donating wagons. We have 100 people signed up and
could possibly use another wagon. We are talking about having a bonfire. He is seeing an
increasing need for family type events. Otsego residents take part in other Rec. programs.
Their office has registered 135 people from Otsego and 375 Otsego residents are taking
part in Youth Association activities. We are learning from other communities mistakes.
The 1995 Administrative budget is indicated on another sheet. The Joint Powers
Agreement was modified, but the intent was not changed, only clarified.
CITY OF OTSEGO COUNCIL MEETING MINUTES OF
SEPTEMBER 26, 1994 PAGE 3
Transportation issues are being studied. The annual meeting is at the City of Otsego on
October 13, 1994 at 7:15 PM. They will be looking at community athletic needs.
Jeff asked for any questions? There was none.
Larry Fournier said his committee feels there is a real need in our community. The name
Dist. #728, is a problem for the other School Districts within Otsego.
Jeff Asfahl stated that it is not the first time he has heard this. We need to identify some of
those schools, get a mailing list and also advertise in the Star News. Although it doesn't
cover all areas of Otsego. There is a need for more public education concerning this
Norman F Freske said this was a concern when we started the Joint Powers Agreement.
Ron Black asked Jeff Asfahl to elaborate on transportation.
Jeff Asfahl stated that some participation was suffering because of transportation. A
transportation system may be able to be put in place. A grant was applied for, but no
money was received.
Mayor Freske thanked Jeff Asfahl for doing a super job and the hard work on the part of
the Park Board.
5. OPEN FORUM:
None
6. DAVE LICHT, PLANNER:
Dave Licht appeared before the Council.
6.1. DISCUSSION OF SHORT AND LONG RANGE PLANNING:
He said this item and 6.3 are interrelated. He talked about long and short range planning.
They have analyzed the amount of developable land in the immediate Service Area and the
land parcels are very split up. He asked the Council to give their thoughts and discussion
on the same.
Larry Fournier felt the Comp. Plan. should be updated and reviewed periodically, as the
needs of the City Change, also the direction the City is going.
David Licht felt it is premature at this point. As part of the plan, we said once the
Immediate Urban Service area is getting full, we should look at moving the line out. The
one fundamental issue that has not been resolved is sewer. As a professional, I cannot
recommend you continue developing one acre lots, until the sewer issue is resolved.(he
talked about it further) The Comp. Plan. cannot be addressed until there is some
agreement in terms of sewer. If a plant with Dayton is pursued it could change the Comp.
Plan.
CITY OF OTSEGO COUNCIL MEETING MINUTES OF
SEPTEMBER 26, 1994 PAGE 4
The other factor is Hwy101. Until that is done you will not see a big push in terms of
non-residential development. You are realistically premature by six months. The
community on the West side of Albertville is also early.
Mayor Norman F Freske said we are getting pushed from a lot of areas, we should look
into it.
David Licht said Albertville can be looked at.
Norman F Freske said maybe when we get a date for Hwy 101, we could work it out.
David Licht said availability of sewer and water will make a substantial difference on
Commercial and Industrial Development on Hwy 101.
Larry Koshak talked to Mark Benson from Mn/DOT and the Hwy 101 project is still
scheduled for 1996 with completion by 1997. This has not changed.
Ron Black doesn't feel much has changed, except sewer service availability from the City
of Elk River. Ron agrees with Larry, that we should concentrate our efforts on sewer and
water and resolving the drainage issues. He asked when sewer and water would be
installed north of Co.39 and east of Parrish Avenue. He said the owners expect to see
quality there, so sewer and water needs to be available. After that is done, we can work
on the Land Use Plan issues.
Norman F Freske talked about working with Dayton and Frankfort Twp. regarding sewer.
There is money available if we work together.
Ron Black said we are talking about sewer and water for Industrial and Commercial only,
not Residential.
Larry Fournier said we needed to put all the issues on the table. Now, He feels, this has
been done.
6.2. DISCUSSION OF MANDATORY TWO CAR GARAGE EITHER
DETACHED OR ATTACHED AS A BLDG REQUIREMENT:
David Licht said the P.C. considered whether or not to mandate a two car garage, on new
construction. The P.C. voted three to two to leave the ordinance as it is. Not requiring a
two car garage.
David said this may be a legal issue. Outside storage may be one reason to require a
garage, but it is a matter of housekeeping. Financing is the third factor. Requiring a two
car garage may exclude Federal programs for financing. You will have to highlight, if you
feel it should be pursued.
CITY OF OTSEGO COUNCIL MEETING MINUTES OF
SEPTEMBER 26, 1994 PAGE 5
Doug Lindenfelser said we should send out notices. I can't see building a house without
a garage.
Dave said it is a self policing problem thru the contractor.
Norman F Freske said there are some new homes without a garage, maybe not in platted
areas.
Andy MacArthur said if the sole rational is the outdoor storage, it is a weak rational.
Doug Lindenfelser would like to see double garages, but not get into a legal battle.
Larry Fournier said most people are building garages.
David Licht also explained enforcement and buildings.
Andy said we do have a pretty strong nuisance ordinance.
LARRY FOURNIER MOTION TO ACCEPT THE PC RECOMMENDATION
AND DO NOT REQUIRE A TWO CAR GARAGE. FLOYD RODEN SECONDED
THE MOTION. MOTION CARRIED UNANIMOUSLY.
6.3. DISCUSSION OF COMP PLAN:
see above
6.4. ANY OTHER PLANNING BUSINESS:
6.5. DISCUSSION OF ACCESSORY POLE BUILDINGS PERTAINING TO
, It
ORD.)
Dave Licht said presently, the ordinance does allow for pole buildings in A-1 and A-2
district. The P.C. discussed and on a five to two vote decided the ordinance should stay
as it reads. It becomes more important because Otsego is in transition. The majority of
communities do not allow pole buildings in Residential districts. Pole buildings are more
economical. David talked about character and image.
We are not in a position to advise you. It is a matter the community has to decide.
Doug Lindenfelser said in the ordinance where does it say you cannot build pole structures
in R-1, R-2, orR-3? With the modern technology, a variety of colors and free maintenance,
there is a big demand for them out there. I feel it would beautify the City and the City
should allow them.
David Licht clarified one point. He is not taking a position. He explained by provision in
the first chapter of the ordinance, unless a use is specifically stated it is prohibited.
Larry Fournier said when reading the zoning ordinance, in the R zoning districts it is
vague. It leads to different interpretations on what the ordinance says.
CITY OF OTSEGO COUNCIL MEETING MINUTES OF
SEPTEMBER 26,1994 PAGE 6
It leads to our residents not being treated fairly. We should repeat it again in this section.
It should say if we can or can not have them.
David Licht said that is another issue. If you can or can not have pole structures is what
we are addressing. I am not aware that one resident is being treated differently then
another. Those are two separate issues.
Doug Lindenfelser said there are many pole structures throughout the City. We may as
well allow them.
David Licht said the City is divided into the Immediate Service Area, the Long Range
area, and the Rural area. He explained further about the Comp. Plan and the areas.
Doug Lindenfelser said if I use a metal skin you wouldn't know if it is a pole structure. He
talked about Cities that allow pole buildings and feels we are being unjust to the people by
not allowing pole structures.
Floyd Roden said he has looked at the 20 year old garages and there a lot of garages
falling apart no matter what material they are made of.
Norman F Freske said he felt it is like requiring two car garages, it's a matter of people
keeping up their property.
Doug Lindenfelser asked David Licht to explain R-1, R-2, and R-3.
David did explain acreage per unit. A-1 allows 1 unit per 40 acres. R-2 allows 1 unit per 10
acres. Overall density is what you are dealing with.
Doug Lindenfelser said the talk is changing country lots to Residential.(Ag, 1 per 40)
David Licht said under the Comp. Plan there are three areas. 1) Immediate Service Area,
2) Long Range Service Area and 3) Rural Service Area. Under the Comp Plan, by
zoning, if you are A-1 or A-2 you can have a pole building. He talked about Meyers
Addition with R-2 Zoning. He explained further the benefits of zoning and the different
ways to go about it.
Larry Fournier felt the concern is the language in the ordinance. It isn't spelled out clear
in the ordinance or we would not be having this discussion.
DOUG LINDENFELSER MOTIONED TO ALLOW POLE STRUCTURES IN R-2
ZONING AS AN AMENDMENT TO THE ORDINANCE. FLOYD RODEN
SECONDED THE MOTION.
CITY OF OTSEGO COUNCIL MEETING MINUTES OF
SEPTEMBER 26, 1994 PAGE 7
FLOYD RODEN, AND DOUG LINDENFELSER VOTED FOR, RON BLACK,
LARRY FOURNIER AND NORMAN F FRESKE VOTED NO.
Ron Black asked what is the purpose of this?
Dave Licht said there has only been a discussion of the concept. He explained the
procedure. If you approve the motion. you are initiating the motion.
Ron Black said there has been a lot of discussion on holding a line on the budget. Does
this accomplish that?
Doug Lindenfelser asked if applying for a CUP would maintain the budget more?
Larry Fournier said if we had a clarification of the language, we may not need to change
the ordinance.
David Licht felt we should have a memo from Jerry Olson as to how he uses the
ordinance. You can acknowledge the fact that you agree with the interpretation.
Doug Lindenfelser asked why can't this be done thru the city staff, the building inspector
etc.?
Andy MacArthur agreed with David Licht that it is clear.
Dave said he felt there is no question what the ordinance says today. He talked about the
letter from the building official on the same.
Allowing pole buildings in R-1, R-2, and R-3 is changing the ordinance.
Larry Fournier said he talked to Jerry Olson before the meeting. He said the ordinance is
vague and he would appreciate it if it were clearer.
Ron Black said he strongly recommend that Doug Lindenfelser sit down at a staff meeting
and go over it.
7. ANDY MAC ARTHUR, CITY ATTORNEY:
Andy MacArthur appeared before the Council.
7.1. ADOPTION OF THE SNOWMOBILE ORDINANCE:
Andy MacArthur said the definition of right of way would allow a lot of people to be on
right of ways we don't want them to be on. He has made all the changes. He recommends
passage.
CITY OF OTSEGO COUNCIL MEETING MINUTES OF
SEPTEMBER 26, 1994 PAGE 8
FLOYD RODEN MOTIONED. RON BLACK SECONDED TO PASS THE
SNOWMOBILE ORDINANCE. MOTION CARRIED UNANIMOUSLY.
Ron Black thanked the snowmobile committee.
Mayor Freske thanked Tom Constant also.
7.2. REPORT ON BONDING9/28/94:
Closing set at 10AM on Wednesday 9/28/94. Jerry Perrault has the documents. Andy
MacArthur will not be able to attend. Jerry Perrault and Jim Barthel will be there.
7.3. ANY OTHER LEGAL BUSINESS:
None
8. LARRY KOSHAY, CITY ENGINEER:
Larry Koshak and Kevin Keilb appeared before the Council.
8.1 LEFEBVRES WATERJIED DISTRICT,_PRELIMINARY MAP:
Larry Koshak explained the boundaries per the new map. There are some areas on the
original moratorium map we have precluded, some areas west of Odean Avenue. We
show where that is included. Another area that is different is Fabian Sadowski, the
watershed line has moved south further, based on the topos and MRD 2nd add is shown.
Other than that, the map is fairly consistent.
No questions.
Larry Koshak provided a letter on the LeFebvre Watershed Moratorium history and
discussed the easements. A moratorium was put on until we could aquire the easements.
He explained the letter further (see attached letter).
Any questions?
None.
8.2 DISCUSSION OF CITY OF MPL,S STREET SWEEPINGS (AS LANDFILL)
Larry Koshak said there was a violation of the land filling operation on LaBeaux Avenue.
There was a violation in excess of 50 cubic yards. The landowner had indicated he was
coming in for a building permit. He deposited sweet sweepings on his land prematurely.
Engineers recommendation to Elaine was, if he did not apply for a permit within ten days,
he would need to remove the landfill.
Larry Koshak said it is unsightly material. It has debris in it, paper, plastic, bottles.
Engineer recommends amending the ordinance not to allow municipal street sweepings, or
define clean fill in the ordinance with an amendment. As long as it is not a pollutant and
is allowed. We do have a pending application by Mr.Chip Martin to put this on his
property. He is here tonight.
Larry Fournier asked if we add a section to our ordinance that defines clean fill, how
would you police it?
CITY OF OTSEGO COUNCIL MEETING MINUTES OF
SEPTEMBER 26, 1994 PAGE 9
Larry Koshak said it would be very difficult. He explained further.
Mr. Chip Martin said he had a load on his property. There is glass and paper in it.
They dump it and back over it.
LARRY FOURNIER MOTIONED TO HAVE A SECTION ADDED TO OUR
ORDINANCE DEFINING CLEAN FILL. RON BLACK SECONDED THE
MOTION. "That the burden of proof is on the applicant " MOTION CARRIED
UNANIMOUSLY.
Andy Mac Arthur didn't have a problem with that but said Larry Koshak should define
clean fill.
Ron Black said one concern he has is, is it enforceable?
Larry Koshak said defining street sweepings was not the way to go.
Discussion of the testing, the person hauling in fill is to demonstrate that it is clean fill.
Mr.Chip Martin said the City of Mpls gave him a deal on the testing. They test it for
metal only. What else can they do?
Larry Koshak said some of the materials should be placed in a landfill. We can require
what we need to assure the City the material is acceptable.
Ron Black asked what is the process the City of Mpls goes thru? Is there a period of time
where testing could be done?
Norman F Freske said the City of Mpls should check with the City they are hauling to.
8.3. WETLAND VIOLATION OF MR SCHMID:
Larry Koshak explained that Mr. Schmid is here.
Kevin Kielb explained the letter on the fill activity in a wetland. The Department of
Natural Resources saw the illegal landfill and issued a cease and desist order. It said the
fill material needs to be removed and the wetland restored. It needs to be done by
December 31, 1994. The landowner has to remove the material. If it is not removed by
that date it becomes a misdemeanor. The process had not been followed. We gave the
opportunity to show there were no wetlands there. He did. It furthered our case. He has
a chance to go to BOSR. He explained further. If we don't take him to court the Board
of Soils and Water would.
Norman F Freske asked how much fill we are talking about?
CITY OF OTSEGO COUNCIL MEETING MINUTES OF
SEPTEMBER 26, 1994 PAGE 10
Kevin Kielb said 30' x 50' and 2' in the water. The issue is Mark McNamara has gone out
there and looked at it. He delineated the wetland and stated there was wetlands. He is on
the technical panel for the City and his comments are respected.
Ron Black suggested that we reserve any comments since this mater is pending and the
landowner is writing this letter under the statutes.
Dave Schmid asked who is willing to determine if it is wetland? He said his abstract does
not show wetland. The guy before him dug out the lowland and put the dirt by the house.
He talked to the previous owners and they had gardens back there and it was mowed. He
said he cleaned the hole out it had wood, glass and garbage in it. I am trying to make use
of my own land. I have kids. I can't believe they can come to me and say remove it. I
have proof on my abstract here. I got my building permit. The building inspector looked
at it and saw no problem with it. The wetlands are 2" from my garage.
More discussion was had. He said that is a man made hole. He said he was willing to sign
the decease letter and willing to work with them.
Mayor Norman F Freske thanked Dave Schmid.
Andy Mac Arthur said the abstract does not say whether or not there is a wetland.
It is beyond the City now. Determination has been made.
Dave Schmid said why did the City let me build the garage? The garage was built last
summer.
Andy MacArthur said you have two separate issues here.
More discussion.
Mrs. Schmid said the hole is 4' deep and she asked if they can put a fence there. She has
had two kids fall into it. Answered talk to the building inspector.
She wanted to know if they get to prove their side?
Floyd Roden said the soils and water in Buffalo has made the determination and they have
the wetlands maps.
8.4. AWARD ON 88TH ST RECOMMENDATION:
Bids are as follows: Bituminous Consulting & Contracting
Buffalo Bituminous, Inc.
Aero Asphalt, Inc.
Bauerly Bros.
Valley Paving 66,018.75
Bituminous Consulting and Contracting bid was $51,186.80. Five percent over the
Engineers estimate. Larry Koshak stated they were under because of the smaller project.
We feel the bid was appropriate and recommend not awarding the contract until we
receive Minnesota State Aid Approval.
$51,186.80
53,566.00
62,153.25
64,541.95
CITY OF OTSEGO COUNCIL MEETING MINUTES OF
SEPTEMBER 26, 1994 PAGE 11
FLOYD RODEN MOTIONED. RON BLACK SECONDED ACCEPTING THE
RESOLUTION FOR CONSTRUCTION OF 88TH ST FROM CSAH 42, 445 ft E of
CSAH 42. MOTION CARRIED UNANIMOUSLY. PROJECT NO. 94-4.
(See attached Resolution)
8 5. MUNICIPAL WELL - RECOMMENDATION TO ACCEPT ELECTRIC
CONTRACTOR:
Larry Koshak said we only have one quote. Kevin has talked with Gopher Electric to try
to get the price in line. We are fighting a timeline.
Andy MacArthur said under state law he can go out on open market. More discussion.
We need a contractor on site by the middle of October.
Kevin Kielb felt he could not get the price under $10,000.00
RON BLACK MOTIONED TO ACCEPT THE GOPHER ELECTRIC QUOTE,
BUT RESERVE AWARDING THE CONTRACT UNTIL WE CAN NEGOTIATE
FURTHER. MOTION CARRIED 4 TO 1 WITH LARRY FOURNIER
OPPOSING.
Larry Fournier wanted to know what the quote was.
Ron Black said it was $16,853.00. More discussion.
8.6. ANTELOPE PARK - RELEASE G P LAND CORP FROM DEVELOPERS
AGREEMENT AND LETTER OF CREDIT:
Larry Koshak explained, we have taken care of the storm sewer. I am not aware of any
lots that are not built on, so it is down to simple matters.
Judy Hudson stated that there are four or five lots left. Ziegler has agreed to landscape
with trees, etc.
Larry Koshak recommends, with these conditions met.
Ron Black wanted the landscaping done under the developers agreement.
Larry Koshak said we would have to get this signed by October 1, 1994.
Council agreed on this.
Larry Koshak explained we are under warranty for the storm sewer only.
CITY OF OTSEGO COUNCIL MEETING MINUTES OF
SEPTEMBER 26, 1994 PAGE 12
RON BLACK MOTIONED THE DEVELOPERS BE ADVISED THAT THEY
WILL HAVE TO EXTEND THEIR LETTER OF CREDIT UNTIL THE
DEVELOPMENT IS COMPLETED IN ANTELOPE PARK. LARRY FOURNIER
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
8.7. ANY OTHER ENGINEERING BUSINESS.
Mining Permit #3:
Larry Koshak said we suspended the mining permit as of Friday afternoon due to
violations. The contractor went substantially out the permitted area.
Norman F Freske heard that Mr. Larson is selling individual fill that has nothing to do with
the State.
Larry Koshak said there was a letter written by Elaine Beatty with my approval and we
allowed Ed Dauphanias minor amounts of material. A contractor recently moved 30,000
yards of dirt.
RON BLACK MOTIONED TO SUSPEND MINING PERMIT #3. LARRY
FOURNIER SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY.
Doug Lindenfelser asked how much had been removed?
Larry Koshak explained amount with the City getting five percent of that.
Ron Black said if the landowner had provided this information to the City, that had been
asked for, this could have been prevented.
Larry Koshak delivered the topography maps and prints. He recommends paying in full
the MarkHurd invoice.
Larry Koshak said Riverwood Conference Center had a meeting on the wastewater
treatment facility. The Health Department, Jerry Olson and I were there. They are going
to hire an engineer to engineer a sewer system for them.
Norman F Freske had information from the League of Cities regarding the Clean water
act.
RON BLACK MOTIONED TO HAVE ELAINE BEATTY CONTACT OUR
SENATORS AND REPRESENTATIVE TO VOICE OPPOSITION TO THE
MORATORIUM. LARRY FOURNIER SECONDED THE MOTION. MOTION
CARRIED UNANIMOUSLY.
CITY OF OTSEGO COUNCIL MEETING MINUTES OF
SEPTEMBER 26, 1994 PAGE 13
Ron Black said Norm, Larry and I met with the City of Dayton last week. They are
interested in providing Sewer and water to the old village. Otsego suggested that
Frankfort Twp join into those discussions. Frankfort Twp has commended a sewer study.
The timing is good to set up a joint meeting. Dayton wants to initiate that.
Re: Industrial and Commercial along Hwy 101.
Doug Lindenfelser said they will have a joint meeting with Frankfort and St Michael.
Larry K explained. There is a sewer committee. Ron asked if there is a general agreement
that we should pursue discussions. Council agreed. Norm will try to contact Frankfort to
set something up. He talked to the Mayor of Dayton today.
Larry Fournier asked if the letter went out for the petition on the storm water project.
Elaine Beatty said yes it did.
Doug Lindenfelser questioned having an election judge from outside of your community?
Elaine Beatty stated that yes you can, if you've exhausted your possibilities in your
community.
9. CITY COUNCIL:
9.1. BOARDS AND COMMISSIONS:
A. EDAAC
Larry Fournier said the changes have been completed on the bylaws. They are being
readied for approval at next meeting. Regarding Non -conforming Home Extended
Businesses some changes are being written.
B. PC
The P.C. had a very entertaining meeting last week said Ron Black. Major items were
discussed tonight.
C. PARKS AND RECS:
Dave Chase said the sliding hill in the park took three hours of dozer time and needs clean
fill. There is some material back there. Dave said he worked for free last weekend, but
needs about $300.00 for the dozer.
Larry Fournier asked if that came out of the Park and Recs Fund.
Floyd Roden said out of the General Fund, we didn't have to remove that dirt.
Tom Baillargeon said the trees, trunks and junk are piled up and they are making a sliding
hill out of it. We saved a lot of money by not moving that dirt. Dave Chase donated a lot
of his time. He recommended we get 20 or 30 yards of dirt to cover the sliding hill.
CITY OF OTSEGO COUNCIL MEETING MINUTES OF
SEPTEMBER 26,1994 PAGE 14
Larry Fournier asked if it is a permanent structure. Tom felt it was a solution for the time
being. We are five to ten years away from playground equipment. Goal is sliding to the
west and north.
RON BLACK MOTIONED TO HAVE THE PARKS COMM BE ALLOWED TO
COMPLETE THE SLIDING HILL. FLOYD RODEN SECONDED THE
MOTION. MOTION CARRIED UNANIMOUSLY.
Tom Baillergeon stated the coordinator at Salk Jr High will be bringing out the kids to
help with the park project.
D. #728 PARKS AND RECS BD:
Ron Black said we discussed it and would encourage a better name for the organization,
and let Jeff Asfahl know. By the next Council Meeting, October 10, 1994, we should
have the Joint Powers Agreement for signature.
Discussion of the problems of all the different school districts.
Vern brought up the National Parks and Recs in Cities.
E. PUBLIC WORKS:
The Public Works Meeting was canceled last week. The next Public Works Meeting will
be October 6, 1994 at 2:30 PM - same agenda.
Dave Chase talked about the paving machine for doing the Finn/RD. Wednesday all day is
the truck rodeo in St. Cloud, we will be taking the new truck.
The new employee will be starting Monday, October 3, 1994.
F. OTSEGO CREEK_ AUTHORITY:
Floyd Roden said He, Carl Swenson and head of the sentence to serve group walked the
creek The work will be started on October 5th & 6th, 1994. If they have extra time, they
will work on the lower end of the creek. The annual Otsego Creek Authority Meeting will
be October 12, 1994. Carl Swenson said Sentence to Serve will try to get some time for
the park. He is sure they will be here next week.
G. ADM SUB -COMMITTEE:
Canceled meeting
9.2. ANY OTHER COUNCIL BUSINESS:
Vern Heidner brought up the campaign sign issue. He had brought it up before the P.C.
Nothing can be put up before the 8th of October. He felt 30 days is unrealistic. He is
willing to take them down. P.C. said they will try to change the ordinance. The Council
consensus was to go ahead with the signs.
CITY OF OTSEGO COUNCIL MEETING MINUTES OF
SEPTEMBER 26,1994 PAGE 15
RON BLACK SAID THE ORDINANCE SHOULD BE CHANGED TO THE DATE
THE FILINGS CLOSED AND DIRECT THE CITY ATTORNEY TO DO THE
SAME. LARRY FOURNIER SECONDED. MOTION CARRIED, WITH DOUG
LINDENFELSER OPPOSING.
Judy Hudson informed the Council of the cost of light bulbs for outside the building.
Requesting approval for three dozen light bulbs costing $827.00.
FLOYD RODEN MOTIONED TO GET 36 BULBS, ONE DOZ EACH. RON
BLACK SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
$887.40 PLUS SALES TAX
Doug Lindenfelser asked where is our finance officer?
Ron Black said we can get an answer by the end of the week. We want them aboard
before Jerry Perrault leaves. More Discussion.
A job description was discussed and advertising for a finance person.
9.3 PAY ANY BILLS:
Claim Nos. 1090 thru 1151 paid inclusively
9.4 ADJOURN BY 11 PM:
MOTION BY RON BLACK, SECONDED BY LARRY FOURNIER TO
ADJOURN. MOTION CARRIED UNANIMOUSLY.
FLOYD RODEN, COUNCIL
(27.7,40,
RON BLACK, COUNCIL
laine Beatty, Deputy Clerk/Zoni
g
c 17tAe iztA•
DOUG LINDENFELSER, COUNCIL
n
LARRY URNIER, COUNCIL
Adm.
hil
Hakanson
Anderson
Assoc., Inc.
September 19, 1994
Elaine Beatty, Deputy Clerk
City of Otsego
8899 Nashua Avenue NE
Otsego, MN 55330
Re: Lefebvre's Watershed
Moratorium
LEC
222 M.hf : Street
Anoka, Minnesota 55303
612/42?=.5OGO
Fax 612/427-3401
MAO ; , u0PICD TO
t .Jil
Li COUNCIL.
.:,1TY GLEN
'LANNER
1 TORi3EY
CO MISSION
Dear Elaine:
At your request, we have prepared a summary of events that lead up
to the establishment of a development moratorium in the watershed.
We have also discussed the events during the moratorium and what
may be the final outcome.
November 22, 1993 the City Council had an informational meeting on
the watershed for the landowners. The meeting primarily discussed
possible storm water runoff solutions in the commercial area
between CSAH42 and TH101 and from an area just west of CSAH42.
We discussed in general the development potential of the watershed.
There exists a need for the City to have jurisdiction over the
creek which is the only outfall in the watershed. We had
determined easement sizes and dimension needed along the length of
the creek from TH101 to CSAH42 and also over a drainage route from
85th Street to the creek. These easements are critical to the
management of stormwater runoff under developed conditions.
Comments from some of the landowners of the easement areas at the
meeting were that these easements would not be available to the
City. An attempt to acquire easements over that portion of the
creek in the Darkenwald property failed due to the owners refusal
to provide the easement during the CUP request on the nursery at
TH101 and CSAH42.
At the December 13, 1993 Council meeting, we asked the Council for
direction based on the responses from the landowners who attended
the meeting. Councilman Black asked if it would not be in the best
interest of the City to place a moratorium on development until we
get the easements. The Council then passed a motion to have the
planner and ourselves look into developing a moratorium document.
CI 1 rvavnrc
Page 2
September 19, 1994
On January 24, 1994, the Council reviewed the document prepared by
NAC. The Council also discussed exemption for the school and the
third Industrial Park. The matter was tabled by motion for
revisions.
The moratorium was passed at the February 28, 1994 Council meeting
with revisions. Councilman Fournier introduced the motion for
adoption and also stated that this moratorium is for one year
unless easements are acquired prior to that. To date, those
easements have not been acquired by the City.
Shortly after passage of the moratorium, the Council ordered our
firm to prepare a storm drainage plan for the urban service area
which included the Lefebvre watershed and in particular its outlet
to the river. Along with the study, the City acquired contour and
topography maps which would provide the necessary data for
delineation of the watershed and other information necessary to
complete the study.
Since some of the landowners from whom the easements were to be
taken stated that the easement appears to be more than they thought
was necessary, we decided that perhaps with the newly acquired
contours and topo, pursuit of the easements would better wait until
the new data was studied.
The topo and contours were due from the vendor around July 1 and we
did not receive them until late August due to delay in scheduling.
We are now working on the storm water plan to be presented to the
Council in late October. We will know by then whether the
easements we proposed are adequate or not. Then, with Council
approval, we can begin to attempt to acquire the easements.
The moratorium is on until 2/28/95 or until the easements are
acquired. There is no guarantee that the City can acquire the
necessary drainage easement within the next few months. Any
refusal by a property owner could cause possible condemnation of
the property to get the easement.
Another possible approach, if easements are not available, is to
continue the moratorium indefinitely.
Page 3
September 19, 1994
We also need the results of
drainage improvement needed
the study to identify
in the watershed with
If you have any questions on this matter, please
Yours truly,
HAKANSON ANDERSON ASSOCIATES, INC.
401110
aw en.e
Cc'r2
. Koshak, P.E.
. Andy MacArthur
Bob Kirmis
Planning Commission
File: OT4:11-6
the storm water
development.
contact me.
RESOLUTION NO. 94-1 01
RESOLUTION ACCEPTING BID
PUBLIC IMPROVEMENT PROJECT NO. 94-4
CITY OF OTSEGO
WHEREAS, pursuant to an advertisement for bids for the construction of 88th
Street from CSAH42 to 445 feet east of CSAH42, bids were received, opened and
tabulated according to law, and the following bids were received complying with the
advertisement:
Bidder
Bituminous Consulting & Contracting
Buffalo Bituminous, Inc.
Aero Asphalt, Inc.
Bauerly Bros.
Valley Paving
Amount
$51,186.80
$53,566.00
$62,153.25
$64,541.95
$66,018.75
AND WHEREAS, it appears that Bituminous Consulting and Contracting, Inc.
of Minneapolis, Minnesota is the lowest responsible bidder.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF OTSEGO,
MINNESOTA:
1. The mayor and clerk are hereby authorized and directed to enter into a contract
with Bituminous Consulting & Contracting, Inc. of Minneapolis, Minnesota in
the name of the City of Otsego for the construction of 88th Street from
CSAH42 to 445 feet east of CSAH42 according to the plans and specifications
therefore approved by the City Council and on file in the office of the City
Clerk. However, said contract shall not be entered into until such time as
Minnesota State Aid approval is obtained for the aforementioned plans and
specifications.
2. The City Clerk is hereby authorized and directed to return forthwith to all
bidders the deposits made with their bids, except that the deposits of the
successful bidder and the next lowest bidder shall be retained until a contract
has been signed.
Adopted by the Otsego City Council this 26TH day of September
1994.
0 -
Mayor Norman F Freske
t`1 Clerk erome Perrault
*Contractor did not use bid form attached in Addendum No. 1
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