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03-22-1993 City Council MinutesSTATE OF MN The City Council of the City of COUNTY OF WRIGHT Otsego met this 22 day of March, CITY OF OTSEGO 1993, at 7=30 PM. 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 Administrator, Judy Hudson, Secretary, Larry Koshak, Engineer, Andy McArthur, Attorney, and David Licht, Planner, were present. The meeting was called to order by Mayor Norman F. Freske. Motion by Doug Lindenfelser to approve the Minutes of the February 11, 1993, Special Council Meeting. Seconded by Ron Black, all Council Members voted in favor of the motion. Motion by Ron Black to approve the Minutes of the February 22, 1993, Council Meeting. Seconded by Larry Fournier, all Council Members voted in favor of the motion. Motion by Larry Fournier to approve the Minutes of the March 3, 1993, Special Council Meeting with MnDOT Officials. Seconded by Doug Lindenfelser all Council Members voted in favor of the motion. Motion by Ron Black to approve the Minutes of the Special Council Meeting held March 3, 1993. Seconded by Floyd Roden, all Council Members voted in favor of the motion. Motion by Larry Fournier to approve the Minutes of the March 5, 1993, Council Meeting. Seconded by Floyd Roden, all Council Members voted in favor of the motion. Jeff Ashfeldt, Director of the District 728 Area Recreation Program, presented the Council with the 1992 Annual Report for the 728 Area Recreational Program. He estimated over 4,800 children and adults participated in the program. Zimmerman and Livonia Township are now participating in the program and the 1993 participation rate will be $2.61 per capita. Financial participates from all the communities has made the program possible. Mr. Ashfeldt said that he foresees using the new City Hall site for recreation programs and also thought the Community Building in Riverbend Park could be utilized. Norman F. Freske thanked him for the preparation of a good report. He was asked if there was any participation from Big Lake Township and Burns Township and Mr. Ashfeldt replied that there was not any as yet. Doug Lindenfelser asked if he had enough facilities for the program and MR. Ashfeldt replied that they do not, that they get pre-empted at times. Norman F. Freske declared the Open Forum to be in session. Paul Berning enquired about tax forfeited land parcels and was told this would be brought up later in the meeting. Larry Koshak then addressed the ISTEA Grant Program (Surface Transportation & Highway Enhancement). He said Grants are available to Cities of over 5,000 in population through this program. Enhancement projects can be a joint CITY OF OTSEGO CITY COUNCIL MEETING OF MARCH 22, 1993. PAGE 2 project with Wright County such as signal lights at the Co. 39 - Co. 42 intersection and changing the alignment of the intersection at ODean Avenue and Co. 37. Other projects could be bicycle trails and trails linking the County and City Parks. Enhancement project applications have to be submitted by April 15 and the Grants would finance 80% of the projects. One possible trail project would be to follow the Halls Drainage easement from the river to Co. 39. Another possible trail could link Country Ridge with the school site. Larry Fournier said we should pursue the Grants but time is short. Ron Black said he would encourage the Parks Commission to pursue application for the Grants, Safety projects by April 1, Enhancement projects by April 15. Motion by Floyd Roden to have Larry Koshak contact Wright CO. regarding Safety projects. Seconded by Ron Black, all Council Members voted in favor of the motion. The Council will invite the Parks Commission to attend the Special Council Meeting to be held March 31, 1993. Larry Koshak then addressed the street repair projects on Ogren and ODell Avenues, Kadier Avenue bridge repair, seal coating and graveling. He, David Chase,a nd Duane Fiedler have prepared cost estimates as follows for these projects: Ogren Ave. repair $16,000.00 ODell Ave. repair 5,750.00 Kadier Ave. Bridge (City Share)14,000.00 Seal Coating (3.5 miles) 18,900.00 Gravel (6 miles) 30,000 .00 Culvert replacement & ditch cleaning 6,000.00 TOTAL ESTIMATED COST OF PROJECTS $90,650.00 Kadier Avenue bridge replacement plans have been submitted to MnDOT. Floyd Roden suggested attaching the Ogren and ODell Avenue repair projects to the 85th Street construction time schedule, however the repair projects need to be done in the summer months. Motion by Floyd Roden to have Larry Koshak proceed with obtaining construction easements for the Ogren Avenge project and proceed with the repair projects on Ogren and ODell Avenues. Seconded by Ron Black, all Council Members voted in favor of the motion. Larry Koshak discussed the EAW for the Albertville Wastewater Treatment Plant expansion. He met with Albertville Engineer Thor Meyer and Bill Radzwiil on March 19 and will be meeting with MPGA this Wednesday. MPGA is aware of Otsego's concerns in this matter. The EAW should reflect long range plans for the Treatment Plant. Larry Koshak informed the Council that MnDOT did some traffic count, in Otsego in 1992 and that there would be a CITY OF OTSEGO CITY COUNCIL MEETING OF MARCH 22, 1993. Page 3 training class on the operation of traffic counters in Baxter Minnesota on April 6, 1993. Motion by Larry Fournier to have Duane Fiedler attend the training class on the operation of traffic counters to be held in Baxter, MN on April 6, 1993,.at 10:00 AM. Seconded by Doug Lindenfelser, all Council Members voted in favor of the motion. David Licht addressed the Zoning Ordinance Amendment which has been approved by the Planning Commission which in effect requires all single family homes to be a minimum of 24 ft. wide and 30 ft long and be placed on a continuous perimeter foundation and this applies to both mobile and stick built homes. Existing structures are grandfathered in but all new or replacement mobile homes must be 24 ft wide. This does not apply to mobile home parks like Riverbend. Doug Lindenfelser asked about farm accessory mobile homes and David Licht said the amendment did not apply to those. Motion by Ron Black to accept the Planning Commission recommendation and approve the Zoning Ordinance Amendment pertaining to single family dwellings. Seconded by Doug Lindenfelser. Larry Fournier said he was concerned about hardship cases and Norman F. Freske said that he agreed with Larry. David Licht said the County Ordinance requiring 24 ft wide mobile has been in effect for 10 years. Larry Miller, of 8731 OBrain Avenue, had called and requested the Council not to pass the Amendment. Ron Black said that only one person objected at the Planning Commission Hearing. David Licht said he would be concerned about allowing a window before enforcing the Amendment. The questions was raised whether it should apply to Vasseurs and Walesch as they have been referred to as Mobile Home SUb-Divisions. David Licht said that they were called Mobile Home Sub -Divisions but were never zoned that way. He said he would be willing to further investigate their legal status. Ron Black said he did not agree that people were not aware of the proposed Zoning Ordinance Amendment. Doug Lindenfelser, Ron Black and Floyd Roden voted in favor of the motion. Larry Fournier and Norman F. Freske were opposed. The motion did not pass as a Zoning Ordinance Amendment requires a 4/5 votes. Motion by Larry Fournier to request David Licht to further research the Mobile Homes Sub -Division statues question. Seconded by Norman F. Freske. Motion by Norman F. Freske to refer the Zoning Ordinance Amendment on Single Family Homes back to the Planning Commission. Seconded by Larry Fournier, all Council Members voted in favor of the motion. David Licht said that he 4,3 generally in favor of CITY OF OTSEGO CITY COUNCIL MEETING OF MARCH 22, 1993. Page 4 commerical development in the NE quadant of the Co. 42 - Hwy 101 intersection. However, there are code violations at this time with the businesses that are there. Applicants who wish to locate in that area should apply for a zoning change and resolve the DNR issues of the type of business and the amount of impervious lot coverage. Mr. Licht said he understood that Ramblin Rose will be vacating its site and the Antique business now located in the barn will be moving into the house. He said signing will be needed, that each business should fill out a sign application and they should try to consolidate the signing. Wally Odell commented that the application process was alright, Ramblin Rose will be leaving and the Antique shop will be expanding. He would like a little more flexibility to use the house for a interim commercial use. David Licht said he had some concerns because the Antique Shop never did apply for a CUP nor did Ramblin Rose. Doug Lindenfelser asked David Licht if he had any problems with re -zoning this area commercial and he replied that he did not. Wally Odell said the Darkenwalds had no idea that the NE quadrant was not already commercial as it had been used as commercial for years. Interim use will apply until the DNR issues are resolved, then the applicant can apply for a zoning change. Ron Mack said he had no problem with both buildings being used, that he would rather see them in use than sit empty. SEE FILE 32293 CONTINUED FROM 22293 CITY OF OTSEGO CITY COUNCIL MEETING OF MARCH 22, 1993. Page 5 David Licht said the Ordinance was violated when the businesses were brought in, the applicants must get DNR issues resolved and that the area should be commercial. Motion by Ron Black that the City Staff proceeds according to the Planner's recomendation concerning commerical development in the NE quadrant of the Co. 42 - Hwy 101 intersection. Seconded by Floyd Roden, all Council Members voted in favor of the motion. David Licht advised the Council that he had prepared a Mission Statement on Conduct of the EDA Advisory Board. Motion by Larry Fournier to approve and adopt the Resolution establishing a Mission Statement, a Definition of Responsiblities and Code of Ethics And Conduct for EDA Advisory Board as drafted by David Licht, with recommendations by the City Attorney, and with the final draft subject to Council approval. Seconded by Doug Lindenfelser, all Council Members voted in favor of the motion. Andy McArthur advised the Council that John Lefebvre's Attorney has notified him that JOhn Lefebvre would accept Larry Koshak's offer of Jan 12, 1993, for the 85th Street easements if it were increased by $2,000.00 Larry Fournier asked if they were ready to accept immediately and Andy McArthur said that they were. Larry Koshak said the newest agreement includes 2 curb cuts (with concrete aprons) on the North side of 85th Street, a fence along the North side of 85th Street, the black dirt spread back and a driveway with a Class 5 gravel surface constructed as far as the shed on the farm site making the total offer an estimated $8,00000. Motion by Larry Fournier to accept the John Lefebvre's proposal and pay him an additional $2,000.00,for the 85th Street easement. Seconded by Doug Lindenfelser. Ron Black asked what would happen if we didn't accept the proposal. Larry Koshak said that Country Ridge needs 85th Street built and also needs the drainage along 85th Street. Ron Black said he was concerned about the extra engineering and legal expenses on this project. Norman F. Freske, Doug Lindenfelser, Floyd Roden and Larry Fournier voted in favor of the motion, Ron Black was opposed, the motion passed. Andy McArthur advised the Council that the Dog Ordinance requires private owners with more than 3 dogs to have a Kennel but there is no provisoin in the Ordinance for the permit process to apply for the Kennel permit. Motion by Ron Black to request Attonrey Andy McArthur to draft an Amendment to the Dog Ordinance to address the kennel permit application process. Seconded by Floyd Roden, all CITY OF OTSEGO CITY COUNCIL MEETING OF MARCH 22, 1993. Page 6 Council Members voted in favor of the motion. Don Meinhardt appeared before the Council to discuss new City Hall items. He recommended to the Council that they approve the Council table speaker enclosure extra to Metro Builders in the amount of $2,300.00. He said he had received a competitive bid from D & B Custom Woods of Eden Prairie in the amount of $2,849.00. Motion by Ron Black to approve the table speaker enclosure change order for Metro Builders in the amount of $2,300.00. Seconded by Floyd Roden, all Council Members voted in favor of the motion. Don Meinhardt also advised the Council to purchase the following miscellaneous kitchen equipment from St. Cloud Restaurant Supply or $4,539.60: One soiled dish table with 20"X20" pre - rinse sink $ 875.00 One deck mount pre -rinse 190.00 One clean dish table with booster slides 625.00 One Hatco B-15 Booster Heater 800.00 One Stainless steel insulated wall panel 525.00 One Stainless steel 3 -compartment sink 825.00 Installation 450.00 Sales Tax 249.60 $4,539.60 Mr. Meinhardt said that St. Cloud Restaurant Supply has agreed to install the kitchen hoods at no extra charge. Motion by Ron Black to approve the change order to purchase the miscellaneous kitchen equipment from St. Cloud Restaurant Supply for $4,539.60. Seconded by Larry Fournier, all Council Members voted in favor of the motion. Mr. Meinhardt also said that he was not satisfied with the proposed extra charge of $4,300.00 by Metro Builders for plastic laminate kitchen cabinets. He said he thought $2,000.00 would be a more reasonable price and would pursue this if the Council wishes him to do so. The Council told him to go ahead and look for a better price. Mr. Meinhardt showed the Council color samples of the cherry wood to be used for the perusel. He recommended the dark cherry color as the most perfect match with stained oak council table. The Council agreed with his recommendation. The Council will decide on the wording and design of the plaque at the next Council Meeting. Bids were received for the purchase of a tractor, backhoe and loader on March 17, 1993, at 10:00 AM. Long Lake Tractor & Equipment submitted a bid of $49,984.00 to furnish a Ford Model 575D and a bid of $51,834.00 for a Ford Model 655D. CITY OF OTSEGO CITY COUNCIL MEETING OF MARCH 22, 1993. PAGE 7 Bobcat Lana Equipment Inc. of Ramsey, MN submitted bids of: $67,533.00 for a Model JCB2155 $56,260.00 for a Model JCB215 $51,056.00 for a Model JCB214 St. Joseph's Equipment Inc., of Shakopee MN submitted a bid of $48,888.00 for a Case 580 Super K. As an alternative, St. Joseph's Equipment offered the same machine on a five year lease at $1,049.96 per month with the machine fully paid for at the end of the 5 year (60 month) period. Motion by Floyd Roden to award the low bid to St. Joseph's Equipment Inc. and purchase the Case 580 Super K from them for $48,888.00. Seconded by Ron Black, all Council Members voted in favor of the motion. Motion by Larry Fournier to approve Phase 1 of the Park Commission Budget for 1993. Seconded by Ron Black, all Council Members voted in favor of the motion. The complete text of Phase 1 of the Park Commission Budget for 1993 is attached to these Minutes. Paul Berning inquired about the tax forfeited lot across 80th Street from the Berning Farm. He was concerned about the well on the lot that had not been abandoned and the general upkeep of the lot. The Council informed him they had purchased the tax forfeited parcel. The Council also said that if he (the Berning Family) could make a deal with the County, the City would deed it back to the County with the understanding that the County would agree to sell it to the Bernings . Elaine Beatty said she had returned the EQB to John Katz. She also informed the Council that the Otsego -Elk River Prayer Breakfast will be held at the new City Hall on April 29, 1993. Elaine Beatty also said that the Monticello -Big Lake Hospital District has expressed an interest in building a new Counseling Center in Otsego. Motion by Doug Lindenfelser to approve a partial payment of $1,905.00 to Dale Novak for wall paper hanging in the City Hall, this payment subject to approval by Construction Manager Don Meinhardt. Seconded by Floyd Roden, all Council Members voted in favor of the motion. Norman F. Freske said that he and Doug Lindenfelser had been shopping for chairs, tables and dishes for the new City Hall and they recommended purchasing them at St. Cloud Restaurant Supply for the best prices, quality and service. Price comparisons were as follows: CITY OF OTSEGO CITY COUNCIL MEETING OF MARCH 22, 1993. Page 8 St. Cloud Restaurant SuPP1Y Stacking Chairs $17.05 each Folding Chairs 12.35 each 8 Ft. Folding table 66.80 each Dinner Plates 9 1/2"19.60 per dozen Knives 6.20/dozen Forks 3.25/dozen Spoons 2.30/dozen Syser of St. Paul $19.30 each 13.65 each 56.60 each 9" 21.00/dozen 6.29/dozen 4.24/dozen 2.78/dozen Motion by Ron Black to purchase 300 stack chairs, 40 folding tables and 300 sets of dishes and tableware from St. Cloud Restaurant Supply. Seconded by Larry Fournier, all Council Members voted in favor of the motion. Proceeding as a board of audit, the City Council audited and allowed verified accounts Nos. 297 to 324 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 .7P/ jeh