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