Loading...
04-27-1992 City Council MinutesSTATE OF MN The City Council of the City of COUNTY OF WRIGHT Otsego met this 27 day of April, CITY OF OTSEGO 1992, at 7:30 P.M. Norman F. Freske, Mayor, Doug Lindenfelser, Floyd Roden, Larry Fournier and Ron Black, Council Members, Jerome Perrault, Clerk, James Barthel, Treasurer, Elaine Beatty, Deputy Clerk/Zoning Adm., Judy Hudson, Secretary, Bob Kirmis, Planner, Larry Koshak, Engineer, and Bill Radzwi11, Attorney, were present. The meeting was called to order by Mayor Norman F. Freske. Motion by Ron Black to approve the Minutes of the March 5, 1992, Workshop Meeting. Seconded by Floyd Roden, all Council Members voted in favor of the motion. Motion by Ron Black to approve the Minutes of the Nashua Ave. Public Hearing held March 23, 1992. Seconded by Larry Fournier, all Council Members voted in favor of the motion. Motion by Floyd Roden to approve the Minutes of the River Road Vacation Hearing held April 13, 1992. Seconded by Larry Fournier, all Council Members voted in favor of the motion. Motion by Larry Fournier to approve the Minutes of the April 13, 1992, City Council Meeting with one correction: Paragraph on Page 4 should read to wit: Larry Fournier said the Co. Ordinance does not require a building permit for fencing in Residential areas and our City Ordinance does require one. Dave Licht said this is only in platted areas on property lines. Seconded by Floyd Roden, all Council Members voted in favor of the motion. Kathy Bilick appeared before the Council to suggest forming a Clean Up Committee to help clean up the City. The Committee could assist the Council by reporting to the Council the lots they have observed that are in violation of the Nuisance Ordinance. Ron Black suggested appointing a Council Sub-Committee to work with Kathy Bilick to get the Committee formed. Rob Young appeared before the Council regarding the rubber.roofing his company installs. He said that, from his experience, Carlisle and Firestone are the best brands of rubber roofing. The advantages of rubber roofing are that it will stretch with the weather and the sun will not cause it to deteriorate. It does cost about 10% more than a hot roof. The rubber roof can be glued down or else a layer of gravel can be put over it. Mr. Young said he is starting up his own company this year but the company he was working for was guaranteeing rubber roofs for 10 years. The Council advised him they will discuss the rubber roofing with the Architect and the Building Committee. Jeff O'Neil, Assistant City Administrator of Monticello, appeared before the Council to discuss a recreation program for the City of Monticello, Monticello Township, Silver Creek Township, and Otsego. He said they plan on doing a survey to see what the recreation needs are for the area which makes up CITY OF OTSEGO COUNCIL MEETING, APRIL 27, 1992, 7:30 PM - PAGE 2 - the Monticello School District. Funding is needed to do the survey which will be done by phone and he would like to have Otsego contribute a share. Monticello Township has already agreed to contribute $1000.00 toward the survey. Mr. O'Neil said that they could be looking at a Bond Issue vote in this November's General Election to finance some of the programs and or buildings needed that the survey indicates. Floyd Roden advised him that the Otsego Parks Committee did a phone survey on the recreational needs of the City of Otsego and this information was available to him if he wished to use it. Larry Fournier asked him how financing will be handled following the needs survey. Mr. O'Neil said they would attempt to distribute the costs on a valuation basis. Ron Black commented that he agrees with the concept of joint co-operation but thought that $10,000 was a lot of money for a survey. John Adams, an Otsego resident in the Monitcello School District said he thought the survey was a good idea and should be done by a third party. The Council advised Mr. O'Neil that they need more information as to the number of students from Otsego in the Monticello School District, that they are willing to make a commitment but need more information. Motion by Ron Black to table a decision on contributing to the needs survey until more information is available. Seconded by Larry Fournier, all Council Members voted in favor of the motion. Lee Luedke, of 8446 Oakwood Ave., (a neighbor of Sally Gulbrandson) appeared before the Council to say a drainage ditch from a neighboring farmer's field is causing flooding on his lot. Building Inspector Jerry Olson said he had checked the area and the natural drainage from the farmer's field is toward Mr. Luedke's lot. Another possibility is a plugged culvert under 85th St. near Sally Gulbrandson's lot that is causing problems. The Council requested Engineer Larry Koshak to do a drainage study in the area. The Council also questioned whether Sally Gulbrandson's lot was a buildable lot and will need perc tests done before it can be re -sold. Ben Bastyr appeared before the Council to request permission to live in the building across Nashua Ave. from the City Hall until his home will be ready for occupancy. He is purchasing a home on Mason Ave. and will be closing the deal this Friday. However, the home needs extensive repairs and he needs a place to live temporarily. Building Inspector Jerry Olson said the building has no kitchen or bathroom facilities hut Mr. Bastyr said he has a camper trailer with those facilities in it. Bill Radzwill said the City Council would need to issue CITY OF OTSEGO COUNCIL MEETING, APRIL 27, 1992, 7:30 PM - PAGE 3 - Mr. Bastyr a temporary Certificate of Occupancy to permit him to live in the building but the question is whether the City wants to set precedent by permitting him to live in a sub -standard building. Larry Fournier commented that the precedent setting part was the item that concerned him. Bill Radzwill said that the City Council could require Mr. Bastyr to post a Bond guaranteeing that he would move out in 2 months. Mr. Bastyr said he would be willing to put up $1000.00. Motion by Larry Fournier to permit Mr. Bast r to live in the building until July 15, 1992, and require him to post a $1500.00 Cash Bond guaranteeing that he would move out by that date. The motion was seconded by Doug Lindenfelser. Mr. Baster said that he thought the City should be helping its residents and the conditions imposed on him are stricter than he anticipated. Larry Fournier and Doug Lindenfelser voted favor of the motion, Floyd Roden and Norman Freske were opposed, Ron Black abstained. The motion did not pass. The Council asked Mr. Bastyr if two months was enough time to repair his home as it must be 100% complete in order to receive a Certificate of Occupancy. Mr. Bastier said he was not certain he could be 100% complete in 2 months. Motion by Norman Freske to grant Mr. Bastier until Aug. 15, 1992, to live in the building and require him to post a $1500.00 Cash Bond to guarantee that he would move out by that date. After a pause, Ron Black agreed to second the motion to keep the voting process moving. Larry Fournier, Doug Lindenfelser and Norman Freske voted in favor of the motion, Floyd Roden was opposed, Ron Black abstained. The motion passed. Bob Kirmis appeared before the Council regarding Rudy Thibodeau's Conditional Use Permit application to construct a 12,000.sq, ft. building on the lots adjacent to his Minn -E - Golf course in Mississippi Shores, The building will be used to house batting cages, video games, radio -controlled car race track, slot track, community rooms, a hobby/craft shop and a restaurant. Mr. Kirmis said that Mr. Thibodeau is requesting a rear yard variance of 10 ft. instead of 35 ft., to construct the building on Lots 3 & 4, Block 1, Mississippi Shores 6th Addition. He has prepared a finding of facts and approved the setback variance based on these findings to wit: The granting of the variance would not impair the supply of light and air to the adjacent property. An unreasonable increase of congestion on public streets would not result if the requested variance is granted. The granting of the variance will not increase the danger of fire or endanger public safety. The granting of the variance would not result in the allowance of uses that are prohibited in a 8-2 Zoning CITY OF OTSEGO COUNCIL MEETING, APRIL 27, 1992, 7:30 PM -- PAGE 4 - allowance of uses that are prohibited in a 8-2 Zoning District. Both the adjacent convenience store and Off -Sale Liquor Store have 10' setback variances and as such, the granting of the variance will not diminish property values in the area. Undue hardship would result to the applicant if the variance were denied because of special conditions and circumstances of the property. The Otsego Planning Commission has approved the variance based on the finding of facts and because both Tom Thumb Store and Riverview Liquorette have 10 ft setback variances. Larry Koshak said he was concerned about drainage in the area because of additional hard surfacing and he feels the drainage easements should be retained. Also because the septic system will be for restaurant use also, it needs both State and local approval. Contractor John Weight said the culvert under the Tom Thumb driveway needs to be replaced as both ends are damaged. Motion by Ron Black to approve the finding of fact and also retain the 25 ft. drainage easements. Rudy Thibodeau said leaving the 25 ft. drainage easements would restrict the parking area and that he would be willing to work with Tom Thumb to solve the drainage in the area. Ron Black withdrew his motion. Motion by Ron Black to approve the 10 ft. setback variance for Rudy Thibodeau on Lots 3 & 4, Block 1, Mississippi Shores 6th Addition, contingent upon drainage of the area being resolved by the Engineer and property owners. The motion was seconded by Larry Fournier, all Council Members voted in favor of the motion. Bob Kirmis said he is recommending approval of a Conditional Use Permit for Rudy Thibodeau and a Planned Unit Development Conditional Use Permit to allow 2 principle buildings on a single lot subject to the following conditions The subject provide 98 off-street parking stalls. The existing mini -golf parking lot is re -configured to present 90 degree parking and 24 ft. wide access points. The parking stall lying North of the proposed buildings' trash/loading drive is eliminated. A continuous sidewalk connection is provided between the site's two principle structures. Bicycle racks are provided and illustrated on the site plan. The racks should have a capacity equal to one bicycle for each two game tables or devices. The City Engineer provide comment as to the acceptability of the site's proposed septic system. The site plan is revised to illustrate the location, type and size of ail signage which is to occur on the site. CITY OF OTSEGO COUNCIL MEETING, APRIL 27, 1992, 7:30 PM - PAGE 5 A11 site signage must be in accordance with the City Sign Ordinance. The City Engineer provide comment in regard to grading and drainage issues. All exterior lighting is directed so as to deflect away from adjacent right-of-ways and residential properties. The applicant post a security covering the cost of all proposed landscaping. The site plan be revised to illustrate an ability to accommodate a semi -tractor trailer loading space. While construction of said space may be delayed, it should be illustrated on the site plan. Motion by Ron Black to approve the Conditional Use Permit and Planned Unit Development Conditional Use Permit for Rudy Thibodeau contingent upon him meeting all the conditions outlined in the Planner's Report and Findings of Fact. The motion was seconded by Floyd Roden, all Council Members voted in favor of the motion. Tony Emmerich appeared before the Council in regard to his variance application to leave existing barn on its present site in his Country Ridge Development. Bob Kirmis said granting the variance to leave the barn on its present site would be setting a precedent for oversized accessory buildings and recommended removal of the barn. (see C-4-2792) CITY OF OTSEGO COUNCIL MEETING, APRIL 27, 1992, 7:30 PM - PAGE 6 - The Planning Commission has recommended removal of the barn. Motion by Floyd Roden not to allow the variance request to leave the barn in place in accordance with Planning Commission recommendations because of the size and height of the building with the building to be removed before the streets are accepted in Country Ridge Development. ,The motion was seconded by Ron Black, all Council Members voted in favor of the motion. Motion by Ron Black to table consideration of establishing an Economic Development Commission at this time. Seconded by Floyd Roden. Larry Fournier commented that we need to move forward on this issue and requested a few minutes of time to explain his ideas on the subject. Ron Black withdrew his motion and Floyd Roden withdrew his second. Motion by Larry Fournier that the Council take the necessary steps to establish and Economic Development Commission. Seconded by Ron Black, all Council Members voted in favor of the motion. Motion by Ron Black to have a Special Meeting at 6:30 PM on May 11, 1992, to proceed with the establishment of an Economic Development Commission. Seconded by Larry Fournier, all Council Members voted in favor of the motion. Regarding 1 acre lots in rural areas, the question of whether the 1 acre should include road easements was discussed. Larry Koshak suggested basing it on the sq. ft. of buildable space on the lot. Doug Lindenfelser said he considered it a waste of farm land to exclude the road easements when measuring the lots. Motion by Doug Lindenfelser to use the center of the road for lot measurement in 1 per 40 and 4 per 40 rural lots. Seconded by Ron Black, all Council Members voted in favor of the motion. Bob Kirmis brought up the seeding or soding of front lots. He is recommending requiring the front of the lots to be seeded within one year and soding be required on the front of the lots with more than 10n slope. Larry Fournier commented that applying black dirt before seeding is very important. Motion by Ron Black to include in the Developers Contract the application of 6 inches of top soil and the seeding of front yards with soding required on slopes of more than 10%. Seconded by Larry Fournier, all Council Members voted in favor of the motion. Bob Kirmis also brought up the subject of Park Dedication Fees. At this time the Park Dedication Fee on rural lots is 1/2 that of lots in platted areas. Doug Lindenfelser questioned whether rural areas benefit from the parks and Ron Black said he thought all areas benefit from the parks. CITY OF OTSEGO COUNCIL MEETING, APRIL 27, 1992, 7:30 PM - PAGE - 7 Motion by Larry Fournier to leave the Park Dedication Fees as they are now, rural lots 1/2 that of lots in platted areas. Seconded by Ron Black, all Council Members voted in favor of the motion. Larry Koshak gave an update on the progress of the Nashua Ave. Project. He will be presenting the first payment request from the contractor in the amount of $20,923.75 by the May 11, 1992, Council Meeting. His office has submitted invoices and contract documents to MnDot for 95% of the MSA Funds for this project and 12% of the construction engineering services on this project and we should be receiving the MSA Construction Funds soon. Motion by Ron Black to set up a separate account for the MSA Construction Funds. Seconded by Larry Fournier, all Council Members voted in favor of the motion. Larry Koshak said the Packard Ave. Construction Project was shut down last fall and he will be contacting the contractor soon to re -open the project and finish the ditch work shouldering and seeding and some questionable spots in the blacktop. The warranty on the project is for one year from the time the Council accepts the project. Larry Koshak also discussed the Quale Ave. Project from 65th St. to 70th St. He has discussed the wetland issue with the Wright Co. RSCS and the Corp of Engineers. The wetland area in the middle is an identified wetland and Quale Ave. would have to go around it but the wetland to the South is not and could be crossed by Quale Ave. if the area crossed was 1 acre or less. The alignment of Quale Ave. could be changed again and the building of Quale Ave. is going to increase the value of the property in the area. Mr. Koshak said that we could come up a new alignment for Quale Ave. but recommended a new Public Hearing on the project if this were done. Mr. Winter was present and said he definitely wants a different alignment for Quale Ave. than the one now proposed. The Council requested Larry Koshak to meet with the property owners to discuss the alignment of Quale Ave. and report back to the Council by May 27, 1992. MnDot has requested Council approval of the layout of Hwy 101. Motion by Floyd Roden to adopt the Resolution approving the layout of Hwy 101 with the contingency that the Co. 37 median be shortened so as not to restrict access to the new Quale Ave. Seconded by Doug Lindenfelser, all Council Members voted in favor of the motion. Motion by Ron Black that the Otsego City Council go on record as being opposed to any median on Co. 39 as it approaches Hwy 101 that would restrict access to the Lutheran Church parking lot. Seconded by Larry Fournier, all Council Members voted in favor of the motions. Regarding drainage of Country Ridge Development, Larry Koshak said MSA Funds will pay for the culvert under 85th St. CITY OF OTSEGO COUNCIL MEETING, APRIL 27, 1992, 7:30 PM - PAGE 8 - up to a 24" culvert. Any oversizing of this culvert would have to be paid by the Country Ridge Developers. The culvert under Co. 42 is adequate to handle the water from that area. Larry Fournier asked if Country Ridge has planned ponding areas and Mr. Koshak replied that it does. Motion by Ron Black to accept the drainage report for Country Ridge Development and the surrounding area as prepared by Hakanson Anderson Assoc. Inc. Seconded by Doug Lindenfelser, all Members voted in favor of the motion. Regarding the Balfany Culvert Project by Mud Lake, Bill Radzwill recommended approval on condition the land involved remain agricultural. Motion by Floyd Roden to approve the Balfany Culvert Project based on information received from Balfany Legal Counsel and the DNR and contingent upon the land involved remaining Agricultural. Seconded by Larry Fournier, all Council Members voted in favor of the motion. Regarding the 70•-80 Standard for septic systems, Larry Koshak recommended adopting the 70-80 State Standard with 3 ft. of cover. Motion by Doug Lindenfelser to amend the City Ordinance to adopt the 70»-80 State Standard with 3 ft between the highest known ground water level and the ground surface. Seconded by Floyd Roden; Doug Lindenfelser, Floyd Roden, Larry Fournier and Norman Freske voted in favor of the motion, Ron Black abstained. The motion passed. Regarding DNR Wild & Scenic Regulations, Senator Betty Adkins is arranging a meeting with the DNR to discuss this. Larry Koshak advised the Council that a meeting with the new Engineer on the MnDot Test Site Project has been arranged for May 7. Larry Fournier said it should be on record that Planner Dave Licht has turned down Wright Co.'s request to help them develop a Economic Development Commission. Motion by Floyd Roden to adopt the Resolution approving the Special Law entitling the City of Otsego to the excess levy abatement. Seconded by Doug Lindenfelser, all Council Members voted in favor of the motion. Motion by Ron Black to request Meinhardt & Associates to prepare plans and specifications for the new City Hall. Seconded by Larry Fournier, all Council Members voted in favor of the motion. Motion by Doug Lindenfelser to install gas heat in the new City Hall. Seconded by Larry Fournier. Doug Lindenfelser and Larry Fournier voted in favor of the motion, Ron Black and Norman Freske were opposed, Floyd Roden abstained. The motion did not pass. Motion by Ron Black that the Council make a decision on what type of heat to use in the new City Hall by the May 11, 1992, Council Meeting. Seconded by Larry Fournier, all Council Members voted in favor of the motion. CITY OF OTSEGO COUNCIL MEETING, APRIL 27, 1992, 7:30 PM - PAGE 9 - Motion by Norman Freske to table action on road projects until meeting with Dave Chase. Seconded by Doug Lindenfelser, all Council Members voted in favor of the motion, Floyd Roden advised the Council that the Jaycees did not have any funds available right now to help purchase the promotional folders. Motion by Larry Fournier to purchase 500 promotional folders from Arnold's Printing of Princeton, MN. for $443.00. Seconded by Floyd Roden, all Council Members voted in favor of the motion. Motion by Floyd Roden to approve Wright -Hennepin Co-op. Electric Assoc.'s request to place an overhead line over Kadler Ave. by the Jerry Lindenfelser residence. Seconded by Doug Lindenfelser, all Council Members voted in favor of the motion. Proceeding as a board of audit, the Council audited and allowed verified accounts Nos. 357 to 400 inclusive. On motion the meeting adjourned. , NORMAN F. FRESKE, MAYOR , DOUG LINDENFELSER, COUNCIL , FLOYD RODEN, COUNCIL , LARRY FOURNIER, COUNCIL , RON BLACK, COUNCIL Attest: JEROME PERRAULT JP/.lb