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07-13-1992 City Council MinutesSTATE OF MN The City Council of the City of COUNTY OF WRIGHT Otsego met this 13 day of July, CITY OF OTSEGO 1992, at 7.30 PM. Norman F. Freske, Mayor, Doug Lindenfelser, Floyd Roden, Larry Fournier and Ron Mack, Council, Jerome Perrault, Clerk, Elaine Beatty, Deputy Clerk/Zoning Administrator, Judy Hudson, Secretary, Larry Koshak, Engineer, Bob Kirmis, Planner, and Bill Radzwill, Attorney, were present. The meeting was called to order by Mayor Norman F. Freske. Motion by Doug Lindenfelser to approve the Minutes of the June 15, 1992, Information Meeting. Seconded by Floyd Roden, all Council Members voted in favor of the motion. Motion by Ron Black to approve the Minutes of the Public Hearing on the construction of Quale Avenue between 65th Street and 70th Street held June 22, 1992, at 6:30 PM. Seconded by Doug Lindenfelser, all Council Members voted in favor of the motion. Motion by Larry Fournier to approve the Minutes of the June 22, 1992, Council Meeting. Seconded by Ron Black, all Council Members voted in favor of the motion. Bob Kirmis then addressed the Elk River Rogers VFW request to rezone the West Half of their property (40 acres in the SW Quarter of Section 26, Range 23) from Ag to INS, Institutional District and construct athletic fields and a community center building on the property that is rezoned. Mr. Kirmis recommended approval contingent upon the following considerations: 1. The site plan is revised to illustrate individual parking stalls with 1 per 50 stalls designated for the handicapped. 2. The City Engineer provide comment as to the acceptability of the proposed 30 ft wide curb cuts. 3. The Parking lot have a two-way traffic flow. 4. The Parking lot be surfaced in concrete or asphalt as required by Ordinance. 5. The parking lot have concrete or bituminous curbing 6. The site plan is revised to illustrate an off' -street loading space for the community center. 7. The parking area is screened from Quaday Avenue by a earth berm and/or plant materials. 8. The grading plan is subject to review and approval by the City Engineer. 9. An erosion and sediment control plan is submitted and approved by the City Engineer prior to construction. 10. The community center septic system is subject to the approval of the City Engineer and Building Inspector. 11. The site plan be revised to illustrate all exterior lighting location with the exterior lighting to deflect away from the adjacent public right-of-way. 12. The site plan be revised to illustrate all exterior sign locations with the signage to comply with the City Sign CITY OF OTSEGO CITY COUNCIL MEETING OF JULY 13, 1992. PAGE 2 Ordinance. 13. The site plan is revised to illustrate trash handling locations with these locations to be screened from view by a fence or wall at least six feet high. 14. The applicants waive their right to appeal assessments on future improvements of Ouaday Avenue and 72nd Street. 15. Proof of Liability Insurance Coverage be provided. The Planning Commission has approved the rezoning and the construction of athletic fields and the community center subject to the conditions outlined. VFW Rich LaVine said that they already have $500,000 Liability Insurance Coverage and at present they are planning on just security lights not lighted athletic fields. Tom Nichols inquired whether there would be future assessments on both Quaday Avenue and 77th Street as he thought 77th would be a cul-de-sac when Highway 101 is constructed. Larry Koshak said it would depend on the amount of activity on 77th Street to determine whether it would be bituminous surfaced. Motion by Ron Black to approve rezoning the West half of the VFW property from AG to INS Institutional District. Seconded by Doug Lindenfelser, all Council Members voted in favor of the motion. Motion by Floyd Roden to approve a Conditional Use Permit for the Elk River-Rogers VFW to construct a community center and athletic fields contingent upon compliance with the Planning Commission and Planner recommendations. Seconded by Ron Black, all Council Members voted in favor of the motion. Bob Kirmis then addressed Stewart Turnquist's request to build a house on his 15+ acre parcel which now has his parent's mobile home on it. He recommended approval with the stipulations that the mobile home be removed after hs parents are no longer using it (a life estate). Also the private access road must be maintained at all time so that emergency vehicles can use it. Also the Engineer and Building Inspector must approve the septic system and the Engineer approve the drainage plan. The Planning Commission has approved the request according to these conditions. Stewart Turnquist questioned the use of the road easement for Riverwood emergency use as this was to be only until Riverwood constructed an internal emergency route and they have done this. He said the State Fire Marshall told him that Riverwood said the easement belonged to them and that was why he designated it an emergency access. Also it states in the Riverwood PUD that the easement is not to be used for Conference use. Bob Kirmis said the internal route has been built and they no longer need the easement but it still should be available for emergency use and Mr. Turnquist needs it for CITY OF OTSEGO CITY COUNCIL MEETING OF JULY 13, 1992. Page 3 his own emergency use. Norman F. Freske advised Mr. Turnquist that the Council will address the emergency route issue. Ron Black stated that the Council has made it clear several times that the Riverwood Conference Center is not to use the access road and he doesn't see why this issue keeps coming up. Motion by Ron Black to approve a CUP for Stewart Turnquist to build a house pursuant to the finding of facts and to reject any claim of Riverwood Conference Center to use the access road. Seconded by Floyd Roden, all Council Members voted in favor of the motion. Motion by Larry Fournier to table Kent Nielson's request to discuss his billing from the City of Otsego as he was not present. Seconded by Floyd Roden, all Council Members voted in favor of the motion. Jacquie Rognli was present to ask for volunteers to work in the Root Beer Stand at the Great River Road Fest on August 1, 1992. Larry Koshak then brought up the construction of Quale Avenue between 65th and 70th Streets. The first route he proposed was rejected by Mr. Winter. This route would have curved across Mr. Winter's property to intersect 65th Street at the junction of the existing Quale Avenue and 65th Street. He has designed an alternate route which follows he Winter property line and intersects 65th Street at a right angle East of the existing Quale Avenue. This alternate route is approved by Mr. Winter and fits in to the future plans for the area better. Motion by Larry Fournier to approve the alignment of Quale Avenue between 65th and 70th Streets as shown in Exhibit A at the June 15, Public Hearing (the alternate route). Seconded by Ron Black. Ron Black said he thought this route would reduce the traffic flow in the area. All Council Members voted in favor of the motion. Motion by Ron Black to order the project of constructing Quale Avenue between 65th and 70th streets and to request Hakanson and Anderson Association, Inc., to prepare plans and specifications for the construction of Quale Avenue between 65th and 70th Streets. Seconded by Doug Lindenfelser. Larry Fournier questioned whether the Council should also order a feasibility study on the bituminous surfacing of the existing Quale Avenue between 65th and 62nd Streets. Larry Koshak said he would check his company records to see if a feasibility study has been done on this section of Quale Avenue in a previous year. All Council Members voted in favor of the motion. Regarding the Nashua Avenue Project, Larry Koshak said he had informed Bauerly Bros. that the Council had rejected the fog seal plan. Bauerly Bros. have now offered a three CITY OF OTSEGO CITY COUNCIL MEETING OF JULY 13, 1992. Page 4 year warranty along with the fog seal. Motion by Floyd Roden that the Council meet with Bauerly Bros. Floyd Roden withdrew the motion. Ron Black said he objects to paying for a new road and getting a patch job. Doug Lindenfelser asked Larry Koshak what he thought should be done with Nashua Avenue and Larry said he thought the fog seal would take care of it for a few years. Bill Radzwill advised the Council that they could request a Letter of Credit from Bauerly Bros. to guarantee that the road will stand up. Motion by Floyd Roden to reject the letter received from Bauerly Bros. on July 13 offering to do a fog seal on Nashua Avenue an give a 3 year warranty. Seconded by Larry Fournier, all Council Members voted in favor of the motion. Larry Koshak presented Pay Estimate NO. 3 for Nashua Avenue to the Council for their consideration. He said the pay estimate does not include the wear course, a $40,000 -w item. Motion by Ron Black to approve payment of Pay Estimate No. 3 on Nashua Avenue to Bauerly Bros. in the amount of $95,271.69. Seconded by Doug Lindenfelser, all Council Members voted in favor of the motion. Larry Koshak also advised the Council that MnDOT is proposing to put up a 15 foot high barrier by the KOA Camp Ground when Highway 101 is rebuilt. This barrier is to be constructed at the request of PCA. MnDOT would prefer not to put up the barrier as it is very expensive and would like support from the City on this. MnDOT is also proposing an earth berm by 62nd and 65th Streets. Larry Koshak also advised the Council that MnDOT will be coming out on July 16 to check 80th Street, Kadler Avenue and 85th Street for damages from Test Facility construction equipment. Doug Lindenfelser said Jalger Avenue should also be checked. Larry Koshak said an agreement has been made with Park Construction on the filing of the Bajari Pit and this should be done by August 6. He said the Council should request a one year Bond extension to cover the seeding and restoration. Larry Koshak presented the Council with graphs showing the different aquifers available in this area. He said he had talked to several different well drillers and to drill down to the Mt. Simon -Hinckley Aquifer would cost from $4200 to $5000 per well. Bill Radzwill advised the Council that the City does not have the authority to adopt an Ordinance requiring wells to be drilled down to the Mt. Simon -Hinckley Aquifer as the Dept. of Health has jurisdiction over this. The Council could require the wells to be drilled down to this aquifer by making it part of the Developers Contract or else get an exemption from the State Legislature to adopt an Ordinance. CITY OF OTSEGO CITY COUNCIL MEETING OF JULY 13, 1992. Page 5 Larry Koshak also said that MnDOT will be checking the bridge on Kadler Avenue to see if it meets the requirements to be placed on their bridge inventory list. If the bridge meets the requirements, MnDOT funds are available to replace or repair the bridge. Motion by Ron Black to have Larry Koshak check with MnDOT to see if the Kadler Avenue bridge qualifies for MnDOT funding. Seconded by Larry Fournier, all Council Members voted in favor of the motion. Motion by Larry Fournier to require all newly installed and replacement driveway culverts to have aprons. Seconded by Doug Lindenfelser, all Council Members voted in favor of the motion. Regarding Wild & Scenic Regulations, Bill Radzwill advised the Council that we should force the issue and adopt our own Wild & Scenic Ordinance. The DNR would have the opportunity to respond after we adopt the Ordinance. Motion by Ron Black to hold a Public Hearing on the proposed Wild & Scenic Ordinance of the City of Otsego on Sept 9, 1992, at 7:3O PM. Seconded by Larry Fournier, all Council Members voted in favor of the motion. Regarding Park Dedication Fees for Antelope Park, the developers have asked for a reduction to offset the cost of putting in a trail to the Otsego Park. They have paid $2,100.00 in trial fees and it will cost an estimated $2,600.00 to put in the trail to the Otsego Park. Motion by Ron Black to give credit to the Markus Investment Company for $2,100.00 in trail fees and refund that amount to them. Seconded by Norman Freske, all Council Members voted in favor of the motion. A letter has been received from Minnegasco informing the City that they anticipate it will cost them $70,000 to move and relocate their gas line by the vacated River Road and inferring that they will bill the City for this amount. Motion by Ron Black to request Bill Radzwill to write Minnegasco a letter informing them that the decision to move the gas line is a matter that involves them and the developers. of Country Ridge and not the City, and the City has given permits to Minnegasco to install gas lines in street right-of-ways at not cost to them. Seconded by Floyd Roden, all Council Members voted in favor of the motion. Harlan Rask and John Anderson appeared before the Council regarding the purchase of a new lawn mower for Cemetery and City use. They have received a price quote of 6,800.00 for a 20 HP 54 inch cut lawn mower. The Cemetery Association agreed to pay $2,000.00 of the cost. Motion by Larry Fournier that the City would pay the balance of the cost of the lawn mower. Seconded by Ron Black, all Council Members voted in favor of the motion. Tom Truszinski appeared before the Council to speak to them concening Economic Development. He advised the Council CITY OF OTSEGO CITY COUNCIL MEETING OF JULY 13, 1992. Page 6 to form an Economic Development Authority, (EDA) rather than appoint an Economic Development Commission as an EDA has more authority than a Commission and can issue Bonds and offer other incentives to businesses. The Council can establish an EDA by the adoption of an enabling resolution but prior to the adoption of the enabling resolution a Public Hearing on the proposed establishment of the EDA must be held. Statute 469 grants the City the authority to establish an EDA. IF a three member EDA is established, one member must be a City Council member. If a five to seven member EDA is established, two members must be City Council Members. The EDA must report to the Council and the City Council has the final authority on any actions taken by the EDA. Also funds are available to the EDA through FHA loans. Larry Fournier asked Mr. Truszinski if the EDA works with the Star City Program and was told that it did. Mr. Truszinski gave each Council Members an information packet on the establishment of an EDA to study over. Bill Radzwill advised the Council that they could establish an EDA now and then it would be in place when needed. Motion by Larry Fournier to table EDA consideration until the July 27, 1992, Council Meeting. Seconded by Floyd Roden, all Council Members voted in favor of the motion. Motion by Ron Black to approve renewal of the Riverwood Conference Center Wine License. Seconded by Floyd Roden, all Council Members voted in favor of the motion. Motion by Floyd Roden to approve a one day On Sale Beer License for the Rogers Lions. Seconded by Ron Black, all Council Members voted in favor of the motion. Motion by Ron Black to table discussion of Solid Waste Disposal until the August 10, 1992, Council Meeting. Seconded by Larry Fournier, all Council Members voted in favor of the motion. Regarding the City Hall Bids received June 4, 1992, Bill Radzwill advised the Council to reject all the bids and start over. Motion by Ron Black to reject all the bids for the construction of a new City Hall received on June 4, 1992. Seconded by Norman Freske, all Council Members voted in favor of the motion. Floyd Roden and Doug Lindenfelser have been working with Architect Don Meinhardt to secure price quotes on the construction of the new City Hall. Ron Black suggested having a Special Council Meeting to consider the price quotes. Motion by Ron Black to have a Special Council Meeting with Architect Don Meinhardt on July 22, 1992, at 7:30 PM. Seconded by Larry Fournier, all Council Members voted in favor of the motion. Motion by Floyd Roden to grant the maintenance men CITY OF OTSEGO CITY COUNCIL MEETING OF JULY 13, 1992. Page 7 authority to rent a backhoe for culvert installation. Seconded by Doug Lindenfelser, all Council Members voted in favor of the motion. Motion by Larry Fournier to appoint Arleen Nagel as the alternate Planning Commission Member. Seconded by Ron Black, all Council Members voted in favor of the motion. Motion by Ron Black to have a Public Hearing on the Parks & Recreation Comprehensive Plan on September 21, 1992, at 7:30 PM. Seconded by Floyd Roden, all Council Members voted in favor of the motion. Motion by Norman Freske to authorize the Clerk to join the Municipal Clerks and Finance Officers Association. Seconded by Larry Fournier, all Council Members voted in favor of the motion. Ron Black presented the Council Members with an information sheet on the Joint Powers District 728 Recreation Board. The District Recreation Director has prepared a draft budget and Mr. Black requested the Council to review the budget figures. He said the Council could also consider providing office space for the District Director in the new City Hall. Jerome Perrault suggested to the Council that he would prefer a $150.00 per month medical insurance allowance rather than the $250.00 per month salary increase scheduled to take effect July 1, 1992. Motion by Floyd Roden to grant Clerk Jerome Perrault a $150.00 medical insurance allowance per month effective July 1, 1992, rather than the scheduled salary increase. Seconded by Ron Black, all Council Members voted in favor of the motion. Proceeding as a Board of audit, the Council audited and allowed verified accounts Nos. 624 to 719 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, Clerk JP/jeh