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06-08-1992 City Council MinutesSTATE OF MN The City Council of the City of COUNTY OF WRIGHT Otsego met this 8 day of June, 1992, CITY OF OTSEGO at 7;30 PM. Norman Freske, Mayor, Doug Lindenfelser, Floyd Roden, Larry Fournier and Ron Black, Council Members, Jerome Perrault, Clerk, James Barthel, Treasurer, Elaine Beatty, Deputy Clerk/Zoning Administrator, Judy Hudson, Secretary, Bob Kirmis, Planner, Larry Koshak, Engineer, and Andy McArthur, Attorney, were present. The meeting was called to order by Mayor Norman F. Freske. Bob Kirmis addressed the Council concerning the Osterbauer request to rezone a 25 acre parcel from Ag to R-2. He said the Planning Commission has rescinded its previous decision and approved the 2 for 20 split. However, the Planning Commission was concerned about preserving prime Ag Land. Motion by Larry Fournier to approve rezoning the Osterbauer land from Ag to R-2 according to the finding of facts and with the intent to preserve Ag land to the extend possible. Seconded by Doug Lindenfelser. Ron Black said he did not think it was the Council's business to tell the owner how to use his land and where to locate his house. Bob Kirmis commented that he feels the Council should stress preservation of Ag Land. All Council Members voted in favor of the motion. Bob Kirmis then addressed the Lund request to build an oversized garage on PID 118-500-164403, Lot 1, Block 1, Pludes Addition. Mr. Kirmis said his office has prepared a finding of facts and is recommending approval according to the following conditions: 1. City Officials determine that there is a demonstrated need and potential for the continued use of the site's pole building for the purpose stated (storage of antique cars and a motor home). 2. City Officials determine that the site's pole building has an evident re -use related to the principal use. 3. No commercial or home occupation activities are to occur on the site in association with the site's accessory buildings. 4. The proposed structure is painted to match the site's principal structure. 5. The roof pitch of the proposed accessory building is the same as the site's principal structure. 6. The placement of the proposed accessory structure is shifted to allow execution of the approved resubdivision plan. 7. If the applicant pursues further subdivision of the subject property, either the existing pole building should be removed or the following condition should be complied with: a. Extensive screening is provided around the existing pole building to screen it from view of the public right-of- CITY OF OTSEGO CITY COUNCIL MEETING OF JUNE 8, 1992. PAGE TWO way and neighborning residences. b. The pole building is brought into compliance with Section 20--16-4.I of the Ordinances which notes that accessory structures exhibit the same or similar quality building materials as the principal building. The Planning Commission has approved the Conditional Use Permit of Roger Lund for an oversized storage building. (garage) Motion by Ron Black to approve the Planning Commission recommendations and approve the application of Roger Lund for a Conditional Use Permit to build an oversized garage. Seconded by Floyd Roden. Ron Black suggested that Item 3 in the list of conditions contingent for approval should be capitalized or underlined. All Council Members voted in favor of the motion. At this time Mayor Freske declared an Open Forum discussion time Merlin Brisbin commented that he would like to see the Council Meeting Agenda published in the Star News so the public would know what is to be considered at the meetings. Norman Freske explained that this was almost impossible to do because the agenda would have to be in the paper the week before the meeting and publication deadline is Thursday of the week before the paper is published which would mean the agenda would have to prepared nearly two weeks before the meeting. Copies of the agenda are available at the City Hall on the Friday prior to the Monday night Council Meeting and it is also posted on the City Hall bulletin board. Gil Darkenwald asked if the City has any plans for the dust control on Quaday Ave. Norman Freske explained that the City had checked into the cost of applying dust control and found that it would cost $3,000 to $4,000 per mile. The City policy is that it would apply calcium chloride for dust control if the residents of the street where it was applied would pay the cost up front. There is also a bagged material available that can be hand spread and water applied to the road surface after it is spread. Mr. Darkenwald said he would be willing to spread the bagged material if the City would furnish it. It would require about 3 applications to be effective all summer. CONTINUED IN THE NEXT CC CONTINUED FROM CC. 42792 CITY OF OTSEGO CITY COUNCIL MEETING OF JUNE 8, 1992. PAGE THREE Mr. Darkenwald asked if there were any plans to blacktop Quaday Avenue. Larry Koshak explained that Quaday Avenue was in the 5 year MSA Street Construction Plan and could be done in 1994, possibly 1993. Nashua Avenue is being constructed this year and the next MSA project will be 85th Street between Page Avenue and Co. 42. There is a certain amount of MSA Construction money available each year. Bob Kirmis advised the Council that he is recommending final plat approval for Antelope Park in accordance with the following conditions: 1. Direct driveway access to Ohland Avenue and 96th Street is minimize to the extent possible. 2. Driveways which directly access Ohland Avenue or 96th Street include a driveway turn -a -round to eliminate backing onto the collector street. A deed restriction shall be placed on applicable to insure compliance. 3. Grading and drainage meet the approval of the City Engineer. 4. The developer meet park and trail dedication requirements as recommended by the Park and Recreation Advisory Committee and approved by the City Council. 5. The developer enter into a developers agreement with the City. 6. Comments from other City Staff. The Developers Agreement has been prepared for Antelope Park and Andy McArthur said that it would require 3 signatures, the developer and the 2 owners of the plat. At the time theDevelopers Agreement is signed, an Escrow Deposit of $23,500 for estimated future administrative and legal fees will be required and a Letter of Credit in the amount of $327,200 to guarantee payment of real estate tax, special assessments and all public improvements and the cost of public improvements will be required. Also required will be proof of insurance coverage. Andy McArthur said he has also prepared a Resolution approving the Final Plat for Antelope contingent upon receipt of the Letter of Credit, Escrow Deposit, and Proof of Insurance. Dan Berning, representing Ziegler Co., said that he thought Item 8 in the Developers Contract should be worded to allow the home owner 60 days to seed the lawn, and that the escrow deposit of $600.00 should sufficient to guarantee that the seeding (or sodding) will be done. Ron Black commented that he thought the requirement to have the seeding done before a home occupancy permit is issued should remain in the Contract. Larry Fournier said that requirement was put in so the developer would see to it that it was done. CITY OF OTSEGO CITY COUNCIL MEETING OF JUNE 8, 1992. PAGE FOUR Neil Gorder asked if Antelope Park extended all the way to the river and the Council replied that it did not, the Wright CO. Park system owns the flood plain area near the river. Doug Lindenfelser asked about requiring a monitoring test well in Antelope Park. Larry Koshak replied that one monitoring well into the first aquifer (15 to 20 ft deep) would be sufficient for this size development.] Motion by Ron Black to adopt the following Resolution with the addition of Item 4 requiring a monitoring well to be installed according to City specs: Resolution approving the Plat of Antelope Park: Whereas, developers Markus Investment Group, Inc., and Mark Woolston have proposed a plat to be known as Antelope Park; and Whereas, a preliminary plat and final plat have been presented for review, have been reviewed and recommendations for approval have been made by the City Attorney, the City Engineer and City Planner subject to certain conditions; and Whereas, the developers have substantially complied with applicable City Ordinances regarding sub -divisions and submitted the required data for review; and Whereas, the developers and fee owners will execute a Developer's Agreement which contains provisions relating to most of those concerns regarding the plat; and Whereas, the City Council has review the plat, Developers Agreement, and additional information received. Therefore, Let it be Resolved that the City of Otsego hereby approves the Final Plat of Antelope Park contingent upon the following: 1. Developers Agreement is fully executed by Developers and fee owners. 2. All fees and escrow amounts required by the Developer's Agreement, and administrative and legal fees incurred to date are fully paid. 3. Irrevocable Letter of Credit in the amount contained in the Developer's Agreement, and in form acceptable to the City, is provided to the City. 4. Installation of a monitoring well to City specifications. The motion was seconded by Doug Lindenfelser, All Council Members voted in favor of the motion. Bob Kirmis advised the Council that the State requires an FAW on developments of over 8O acres and the City must determine if an Environmental Impact Statement (EIS) is required before final plat approval. Andy McArthur said EAW comments must be considered to determine whether an EIS is needed. Mr. Caswell has re -calculated the average lot size in Country Ridge to be 1.22 acres. Both the City Engineer and Mr. Caswell, Engineer for the developers have determined CITY OF OTSEGO CITY COUNCIL MEETING OF JUNE 8, 1992. PAGE FIVE that an EIS is not necessary for Country Ridge. Merlin Brisbin said the MPCA had some concerns about Country Ridge and were these addressed? Andy McArthur replied that Mr. Caswell has addressed all these issues. Larry Koshak commented that Mt. Simon -Hinckley Aquifer wells will be required and either pressurized septic systems or drop box septic systems as well as 2 monitoring wells. Merlin Brisbin asked if a storm water permit is needed for Country Ridge and Larry Koshak replied that it was not needed, however, ponding areas are planned for. Motion by Larry Fournier to approve the EAW Finding of Facts and the determination that an EIS is not needed or required for Country Ridge. Seconded by Doug Lindenfelser, all Council Members voted in favor of the motion. Motion by Ron Black to approve the vacation of River Road between Page Ave. and Co. 42. Seconded by Floyd Roden, all Council Members voted in favor of the motion. Motion by Floyd Roden to approve the Final Plat for Country Ridge contingent upon the conditions as outlined by Northwest Associated Consultants, Inc. and Hakanson Anderson Association, Inc., Seconded by Ron Black, all Council Members voted in favor of the motion. Bill Radzwill was now present and advised the Council that he had reviewed the bids for the construction of the new City Hall which were received on June 4 and found them to be very high in comparison to the cost of the new office building he had recently built. He said the City could hire a project manager and have that person negotiate new bids. State Statutes allow the City to do this and all contracts would be let in the City's name. The main building bid was high and the plumbing and heating bid was very high. The Council approved of Mr. Radzwill and Architect Don Meinhardt coming up with a plan to proceed with in getting the new City Hall constructed. Larry Koshak advised the Council that he is submitting Pay Estimate NO. 2 for the Nashua Avenue which would be for the grade work in preparation for the blacktop. The blacktop is nearly complete now and there are 2 or 3 spots that need correction. Motion by Ron Black to approve the payment of Pay Estimate No. 2 to Bauerly Bros. Construction in the amount of $120,121.77. Seconded by Norman Freske, all Council Members voted in favor of the motion. Larry Koshak told the Council he is recommending the ordering of the Plans & Specs to be prepared for the construction of 85th Street between Page Avenue and Co. 42 and the ordering of that project. The Council advised him they will do this at the next Council Meeting. Larry Koshak also advised the Council that he has prepared a street right-of-way location plan for buried gas lines, cable TV, electric and telephone lines. The plan designates a location for each of the Utilities so that the CITY OF OTSEGO CITY COUNCIL MEETING OF JUNE 8, 1992. PAGE SIX City would have a standardized plan. He submitted the plan to the Council for their review and suggested that a copy be given to the Utilities for their review and comments. Larry Koshak also advised the Council that the 70th Street project in connection with the MnDot Test Facility has been completed and the Bajari Pit will be filled. 80th Street and 85th Street will be also be checked for damage from heavy equipment running over them during the Test Facility construction process. Larry Koshak also discussed Septic and Drain Field systems. He said Baun Interec did refer to Drop Box systems in their test boring report. Country Ridge has a high percolation rate and either the drop box or pressurized system will work. The drop box system requires a separate drain field and some slope between boxes. Doug Lindenfelser asked if the drain field could be lined to slow down the percolation rate. Mr. Koshak replied this would be required in a drop box system, a regular drain field can be used with a normal percolation rate. This gives the option of using whatever system will work best in each situation. Motion by Larry Fournier to rescind the Resolution requiring pressurized septic systems in the Urban Service Area. Seconded by Doug Lindenfelser, all Council Members voted in favor of the motion. Larry Koshak said he attended the County Meeting on the Wright Co. 5 year Highway Plan. There are no overlays planned. There is a future plan to upgrade Co. 37 from Highway 101 to Odean Avenue. Signal light at the junction of CO. 37 and Hwy 101 and a permanent signal at the junction of Co. 39 and Hwy 101 are in the 1994 plans. The Council then discussed Organized Garbage Hauling, recycling and mandatory garbage pickup. Ron Black said he thought the City should not be involved in recycling nd garbage pickups. It will cost the City in excess of $20,000 to pay for recycling this year. Elk River has an organized garbage collection system with districts assigned to each hauler and mandatory garbage pickup. Doug Lindenfelser and Norman Freske will meet with the local haulers to discuss the organized garbage collection system and recycling. The Council discussed the formation of an Economic Development Commission and the qualifications needed to be appointed to it. Larry Fournier said the Commission members should be people with a genuine interest in the City. Ron Black said he thought one qualification should be the owner of business with 7 to 24 employees and knows what it is to run a business and take risks as some people have never had that experience. Many of the Economic Development Commission in the other Cities were appointed when Grant Money was available and this is no longer true. Ron Black suggested that it might be premature for Otsego to appoint a Commission as they might not have much to do. CITY OF OTSEGO CITY COUNCIL MEETING OF JUNE 8, 1992. PAGE SEVEN Motion by Doug Lindenfelser to table consideration of the Economic Development Commission until the first Council Meeting in July. Seconded by Larry Fournier, all Council Members voted in favor of the motion. Motion by Ron Black to approve the application of Minnegasco for a permit to install gas lines in Antelope Park subject to review by the City Engineer as to placement. Seconded by Doug Lindenfelser, all Council Members voted in favor of the motion. Motion by Norman Freske to table consideration of the application of Minnegasco for a permit to install gas lines in Country Ridge. Seconded by Ron Black, all Council Members voted in favor of the motion. Membership in the League of Cities will be on the Agenda for the next Council Meeting. Dave Chase has received two quotes for blacktop patching in selective areas. Metro Paving - $6,450.00 Munn, Inc. - 6,390.00 The Council will review the budget before making a decision on the blacktop patching. Norman Freske asked for the Council opinion on participation in an Overall Economic Development Plan with Wright Co. The consensus of the Council Members was that they did not wish to participate. Ron Black said he had talked to Bill Connett about the pipe field for the Geo -Therm heating and cooling system. He suggested consulting with a design engineer for advice in layout of the field. Doug Lindenfelser and Larry Fournier both said their concerns with the Geo -Therm systems are it's slow recovery, maintenance and repair costs. The Council authorized Dave Chase to rent a pup trailer for gravel hauling from Dennis Fehn for $7.00 a load. Larry Fournier suggested an Employee Benefit Plan be set up to be used as a guideline when negotiating employee contracts. Larry Fournier also suggested that Park and Trail Dedication Fees be used toward the purchase of the West part of the City Hall property. These funds could then be used in the construction of the City Hall. The Council requested Elaine Beatty to advertise for applications for an alternate member on the Planning Commission with interviews to be held in July. Proceeding as a board of audit, the City Council audited and allowed verified accounts No. 518 to 587 inclusive. CITY OF OTSEGO CITY COUNCIL MEETING OF JUNE 8, 1992. PAGE EIGHT On motion the meeting was adjourned. 4/) , NORMAN F. FRESKE, MAYOR OUG LINDENFELSER, COUNCIL FLOYD RODEN, COUNCIL , LARRY FOURNIER, COUNCIL , RON BLACK, COUNCIL ATTEST Jerome Perrault, Clerk JP/jeh