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05-26-1992 City Council MinutesSTATE OF MN The City Council of the City of COUNTY OF WRIGHT Otsego met this 26 day of May, 1992, CITY OF OTSEGO at 7:30 PM. Norman F. Freske, Mayor, Doug Lindenfelser, Larry Fournier, and Ron Black, Council Members, Jerome Perrault, Clerk, James Barthel, Treasurer, Elaine Beatty„ Deputy Clerk/Zoning Administrator, Judy Hudson, Secretary, Larry Koshak, Engineer, David Licht, Planner, and Andy McArthur, Attorney were present. The meeting was called to order by Mayor Norman F. Freske. Motion by Doug Lindenfelser to approve the minutes of the May 11, 1992, Council Meeting. Seconded by Ron Black, all Council Members voted in favor of the motion. Motion by Larry Fournier to approve the Minutes of the continuation of the Board of Review Meeting held May 11, 1992, at 7:20 PM. Seconded by Doug Lindenfelser, all Council Members voted in favor of the motion. Dave Licht addressed the application of Jon Olson ( of 14157-87th) for a Conditional Use Permit to build an oversized (40' X 48') building on an R-2 lot and also an Interim Use Permit to park his dump truck on his lot. Mr. Olson already has a home and an 890 sq. ft detached garage on his 2.5 acre lot. Northwest Associated Consultants has prepared a finding of facts on the application an has recommended approval of the Conditional Use Permit for the 40' X 48' storage biding on condition that it be the same exterior color as Mr. Olson's house and be the same roof pitch. Also the site plan should be revised to show a 25 ft wide drainage easement on the East side of the lot. They also recommended approval of the interim use permit to park the dump truck on his lot on condition that the dump truck remains essential to Mr. Olson's business and is operated in a manner so as not to create a nuisance violation. The truck will be stored in the new building when it is completed. Motion by Ron Black to.approve the Planning Commission recommendations and approve the Conditional Use Permit application of Jon Olson to build a 40' X 48' storage building and Interim Use Permit to park his dump truck on his lot. Seconded by Larry Fournier. All Council Members voted in favor of the motion. Dave Licht also discussed the application of Marlin Cailier to split his 3 acres lot (Lot 5, Block 1, Billstroms Riverview Addition). Mr Cailier applied after the new City Ordinance went into effect which calls for 2-1/2 Acre lots in the Wild & •Scenic Area. Mr Cailier lot is partly in the Wild and Scenic and he would need an additional 1/2 acre to be eligible for a lot split. On this basis, Mr Licht recommended denial of the lot split application of Mr. Cailier. His neighbor, Brad Rosnow was granted a split of his three acre lot, but his application was submitted when the County Ordinance was still CITY OF OTSEGO COUNCIL MEETING MINUTES OF 5-26-92. PAGE 2 in effect which called for two acre lots in the Wild and Scenic Area. Regarding Riverwood Conference Center's request not to install curbing on the outer edge of their parking lot, Mr Licht said that we have already lowered their parking requirements from 180 to 140 cars and the curbing keeps them from parking on the grass. Larry Koshak commented that we are only requiring that they put curbing on their new parking lots. The City Ordinance requires curbing on any parking lot of 5 cars or more. Motion by Larry Fournier to require Riverwood Conference Center to have barrier curbing in their parking lots as per the original agreement in the PUD contract with Riverwood Conference Center. Seconded by Doug Lindenfelser, all Council Members voted in favor of the motion. Larry Koshak presented the Council with a revised feasibility study for the construction of Quale Ave between 65TH St and 70TH St to be constructed as an access road to Hwy. 101. The revised feasibility study reflects the new layout of Quale Ave and the revised estimated project costs are as follows: Clear and grub $ 1,000.00 Grading 137,000.00 Aggregate base 27,650.00 Bituminous surface & striping 44,850.00 Restoration (seeding, mulch, fertilizer) 5,000.00 Culverts & Drainage 9,900.00 Pipe line relocation 10,000.00 62nd & Cul -de -Sac 12,100.00 Estimated Construction Costs $ 247,500.00 Overhead Costs $ 61,875.00 ROW acquisition 20,000.00 Estimated Construction Costs $ 329,375.00 MnDot Share $ 267,300.00 City Share 62,075.00 The City share will be assessed at $5,643.18 per unit, with a yearly assessment of $918.43 per unit based on 10 .years at 10% interest. A Public Hearing on the project has been set for June 15, 1992. Motion by Ron Black to approve and accept the revise feasibility study for Ouale Ave. between 65th St. and 70th St. and the Cul -De -Sacs for 62nd St. and 65th St. Seconded by Doug Lindenfelser, all Council Members voted in favor of the motion. CITY OF OTSEGO CITY COUNCIL MEETING MINUTES OF 5-26-92. PAGE 3 Larry Koshak also presented the Council with a map showing the proposed Hwy 101 frontage roads. Otsego will be building Quale Ave staring this year. MnDOT will be building a frontage road on the East side of Hwy 101 to serve the Lefebvre Vegetable Stand and the KOA Campground. Quaday Avenue will be extended South to Co. 37 (70th Street) in the future as an MSA project. Also as a future MSA project Quaday will be extended North and curve West to intersect Co. 42. Larry Koshak also addressed the well and septic tank issue in the Urban Service Area. Based on data compiled by Braun Intertec, he is recommending wells in the Urban Service Area be drilled down to the Mt Simon -Hinckley Aquifer, a depth of from 180 to 400 ft to obtain a clean and adequate source of water. He also recommended pressurized septic systems in the Urban Service Area wherein the liquid is pumped into the drainfield. The pumps cost between $200.00 and $300.00, however the septic system will last a lot longer. Ron Black asked if this should be adopted by Ordinance and Andy MacArthur replied that it should be. Motion by Ron Black to request the City Attorney to draft the necessary documents to implement the requirements for wells to be drilled down to the Mt Simon -Hinckley Aquifer and for pressurized septic systems in the Urban Service Area. Seconded by Larry Fournier, all Council Members voted in favor of the motion. Larry Koshak reported that the Nashua Ave Construction Project is now about 75% completed and bituminous surfacing will start this week. Motion by Larry Fournier to authorize the Clerk to pay the easements for the Nashua Ave. Project upon receipt of documentation from the City Attorney as to the amounts. Seconded by Doug Lindenfelser, all Council Members voted in favor of the motion. Marfan Cailier was now present and Dave Licht explained to him that the reason his request for a lot split (Lot 5, Block 1, Billstroms Addition) was denied is because the new City Ordinance requiring 2 1/2 acre lots in the Wild & Scenic River Area was adopted before his application was submitted. Brad Rosnow asked if this was a zoning change and Dave Licht replied that it was not, just a Wild & Scenic Area lot size change. Dave Licht addressed the Meyer Sub -Division (Mr. Gerald Kurtti). Mr. Kurtii's daughter plans on building a home this year in the undeveloped 16 lot sub -division and the question was whether to require the street in the sub -division to be paved. The City Ordinance required paved roads in all sub- division. Because this is a rural service area, David Licht commented that the Council could delay requiring the sub- OTSEGO CITY COUNCIL MEETING MINUTES OF MAY 26, 1992 Page 4 (70th St) is paved. The consensus of the Council was to abide by the City Ordinance and requre he street in the Meyer Sub-division to be paved as soon as the first lot is developed. David Licht discussed the Rex Osterbauer request to split off a 5 acre lot from a 25 acre parcel on ODean Ave. in the 4 per 40 Long Range Urban Service Area. The Planning Commission had turned down the request on grounds that it did not qualify for a 4 per 40 split because it was less than 40 acres. Mr. Licht said he thought it should qualify for 2 per 20 because there is an exception in zoning Ordinance (Section 20-52-6,8.) which refers to lot density and 2 per 20 would be the same density as 4 per 40. Larry Fournier commented that he thought the interpretation of the 4 per 40 requirement should be clarified in the Comprehensive Plan. Motion by Ron Black to refer the Osterbauer request back to the Planning Commission for clarification of their denial. Seconded by Doug Lindenfelser. Ron Black and Doug Lindenfelser voted in favor of the motion, Norman Freske and Larry Fournier were opposed, the motion did not pass. Motion by Larry Fournier to refer the Osterbauer request back to the Planning Commission with a request that they clarify their intent of how the Zoning Ordinance should be interpreted. The motion was seconded by Ron Black, Ron Black, Larry Fournier and Doug Lindenfelser voted in favor of the motion, Norman Freske was opposed, the motion carried. The Council Meeting with the DNR to discuss Wild & Scenic Area regulations in Otsego that was scheduled to be held in May was postponed. The Council advised Elaine Beatty to inform the DNR that if a meeting is not held in June, the Council will proceed with the adoption of a Wild & Scenic Ordinance for Otsego at the first Council Meeting in July. Andy McArthur informed the Council that he had prepared a new agreeme1t with Ben Bastyr in regard to his occupancy of the building across Nashua Ave. from the City Hall to wit: The City of Otsego agrees to issue a temporary Certificate of Occupancy to Ben Bastyr fgr occupancy of that property located at 9609 Nashua Ave. in the City of Otsego during that period of time during which Mr. Bastyr is repairing a residence he recently purchased in the City of Otsego. Such occupancy is to be until such time as the residence is repaired or until August 15, 1992, whichever occurs first. Mr. Bastyr agrees to post a $1,500.00 Cash Bond to guarantee that he vacates the premises on or before August 15, 1992. It is agreed that if Mr. Bastyr fails to vacate the building on or before August 15, 1992, that he forfeits the posted $1,500.00 Cash Bond in its entirely. If Mr. Bastyr fully complies with this agreement the $1,500.00 Cash Bond shall be returned to him on August 16, 1992, OTSEGO CITY COUNCIL MEETING MINUTES OF MAY 26, 1992. Page 5 or as soon thereafter as is practical. Motion by Larry Fournier to approve the agreement and to request the Building Inspector to present the agreement to Mr. Bastyr for his signature. Seconded by Doug Lindenfelser, Larry Fournier, Doug Lindenfelser and Norman Freske voted in favor of the motion, Ron Black abstained, the motion carried. Motion by Ron Black to request Larry Koshak to draft a policy as to the location of Utility easements in the street right-of-way. Seconded by Larry Fournier, all Council Members voted in favor of the motion. Motion by Ron Black to approve a permit for U.S. West Communications to place a cable under Packard Ave. (near 60th Street) on condition they do not disturb the road surface. Seconded by Larry Fournier, all Council Members voted in favor of the motion. Regarding Packard Ave., Larry Koshak said the surface is good and that it probably could use an oil treatment. Gene Goenner had a few comments on the Nashua Ave. Construction Project. He said they took out one more tree than they were supposed to on his property, damaged his mailbox and drove on a planted field with construction equipment. Larry Koshak said he would talk to the construction foremen about these problems. Elaine Beatty advised the Council that the well and septic system for the new City Hall are to be bid separately. The Council requested Architect Don Meinhardt to prepare specs for these bids. Motion by Larry Fournier to hire Schmidt Curb Co., Inc. to repair the sidewalk along Parrish Ave. for $250.00. Seconded by Ron Black, all Council Members voted in favor of the motion. Motion by Norman Freske to appoint David Chase as Assistant Weed Inspector for the City of Otsego. Seconded by Ron Black, all Council Members voted in favor of the motion. Motion by Larry Fournier to set a $25.00 Annual Permit Fee for septic pumpers. Seconded by Ron Black, all Council Members voted in favor of the motion. Dave Chase informed the Council that Fehn Sand & Gravel will furnish Class 5 gravel @ $1.82 per cu yd. at their pit and T & S Trucking will haul the gravel @ about $1.10 per cu yd. Motion by Doug Lindenfelser to gravel 6 miles of City streets, namely the streets in Island View Estates and 70th St., Nadala Ave. and 67th St. between CO. 37 and MacIver Ave Seconded by Larry Fournier, all Council Members voted in favor of the motion. Vance Treska, of Integrated Communications Systems Inc., has offered to assist in the layout of the computer wiring, telephone systems, audio and visual system for he new City OTSEGO CITY COUNCIL MEETING MINUTES OF MAY 26, 1992. Page 6 Hall. He will be giving a cost estimate for the layout service and also for materials as well. Doug Lindenfelser advised the other Council Members that he and Judy Hudson had met with Gary Schmitz of Elk River to discuss organized garbage collection and how they set it up in Elk River. Mr. Schmitz said there were some adjustment problems at first but now it is working quite well. They employ 3 haulers and the City is divided into 3 districts according to population. Garbage pickup was made mandatory and the City does the billing although he advised that it would be better for Otsego to have the haulers do the billing. Doug Lindenfelser gave the Council Members some information material to look over before the next Council Meeting. Proceeding as a board of audit, the Council audited and allowed verified accounts Nos. 468 to 517 inclusive. On motion the meeting adjourned. , NORMAN F. FRESKE, MAYOR ATTEST: JP/jeh (1G LINDENFELSER, MAYOR ,,.: FLOYD RODEN, MAYOR , LARRY FOURNIER, MAYOR , RON BLACK, MAYOR Jerome Perrault, Clerk