04-12-1993 City Council MinutesSTATE OF MN The City Council of the City of
COUNTY OF WRIGHT Otsego met this 12 day of April,
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, Jarnes Barthel , Treasurer, Elaine
Beatty, Deputy Clerk/Zoning Administrator, Judy Hudson,
Secretary, Larry Koshak , Engineer, and David Licht, Planner,
were present.
Motion by Larry Fournier to approve the Minutes of the
March 22, 1993, Council Meeting with 2 corrections. All the
Council Members voted in favor of the motion to request David
Licht to further research the Mobile Home Sub -Division status
questions, and Jeff Asfahl is the Co-ordinator (not the
Director ) of the District. 728 Area Recreation Program.
Seconded by Ron Black all Council Members voted in favor of
the motion.
Motion by Larry Fournier to approve the Minutes of the
Special Council Meeting on the Quale Avenue Project held
March 22, 1993, at,_6`30 PM. Seconded by Doug Lindenfelser.
all Council Members voted in favor of the motion.
Motion by Doug Lindenfelser to approve the Minutes of
the March 24, 199:3, Joint Council Meeting with the
Albertville City Council. Seconded by Floyd Roden, all
Council Members voted in favor of the motion.
Motion by Larry Fournier to approve the Minutes of the
March 31, 1993, Workshop Meeting. Seconded by Doug
Lindenfelser, all Council Members voted in favor of the
motion
Dave Chase was present at the meeting with hourly quotes
on the Ogren and Odell Avenue repair projects as follows:
Dennis Fehn Gammon Bros.
225 backhoe $85 .00 950 Cat Loader .... x-570 .00
05 Cat & Dozer65.00 D6 Cat & Dozer.... 80.00
Packer 60.00 PC 200 Backhoe.... 80.00
950 Loader60.00 Compactor......... 55.00
Truck44.00 Tractor & Traitor. 50.00
Mobilzation......75.00
He also had a quote of $27.00 per ton for bituminous mix
and 5.50 per ton for Class 5 :gavel from Rum River
Construction.
For street sweeping he had a quote of 52.50 per hour
from T & S Trucking.
Motion by Ron Black to authorize Dave Chase to hire T &
S Trucking to sweep needed streets at $52.00 per hour.
Seconded by Larry Fournier. all Council Members voted in
favor of the motion.
The Wright Co. Highway Dept has offered Otsego a chance
to co -bid street striping with them . The Council will
consider their offer at, the next Council Meeting.
Duane Fiedler advised the Council that he can rent a
truck with a 15 ft van for $50.00 per day plus mileage 8.35
per mile and a dolly for $11.00 to move the office filing
cabinetand 01 -..her jai i :LC C,i i -y Hall,
CITY OF OTSEGO CITY COUNCIL MEETING OF APRIL 12, 1993.
Page 2
Motion by Doug Lindenfelser to approve rental of the
truck and dolly. Seconded by Floyd Roden, all Council
Members voted in favor of the motion.
David Licht addressed the application of Dennis McAlpine
for an interim use permit for his home extended business of
well repair. He has prepared a finding of facts and,. -the
Planning commission has approve the interim use permit in
accordance with the following conditions:
1. The following standards are upheld:
a. No more than one non -family member is employed
in addition to the owner/operator and immediate
family.
b. There shall he no outside storage of supplies
equipment and maintenance items. All work and
work related items shall be kept in an enclosed
structure.
c. Exces,.ve noise levels are prohibited (that
which may be considered a nuisance as regulated by
NPC regulations).
d. x,11 effluent consisting of any liquid, gaseous
or solid waste substance resulting from any process
of manufacturing shall not be discharged into the
soil, water or air unless it is at a location
determined appropriate by the City.
e. A contract shall be required between a refuse
hauler and the owner for disposal of all waste which
may pollute or tend to pollute the waters of the
State. The contract shall be provided to the City
prior to the issuance of the interim use permit and
shall state the destination of the waste and shall
be renewed annually on or before January 1st of each
year. The City shall be provided with documentation
of the contract recorded.
f. Working hours shall be set by the City.
g. A business sign may be permitted which is no
larger than 12 sq ft. non -illuminated and attached
to the building.
h. A letter of agreement containing any dust control
measures determined necessary by the City shall be
provided prior to the issuance of the interim use
permit and be renewed annually.
i. All posted road limits shall be obeyed.
,j. After 2 founded nuisance or permit violations
have been made and ver ified with written notice to
the holder of the interim use permit, a hearing
shall be called to reconsider the interim use permit
within (SO days of the date of the last complaint.
k. The building in which the home extended business
is located, as well as the property in general,
all comply with the applicable guiding and ronin
1,;;
and ordinances which were in exi: tend: at.
CITY OF OTSEGO CITY COUNCIL MINUTES OF. APRIL 12, 1993.
Page 3
time the'home extended business was established.
3. The interim use permit is terminated upon the
happening of any of the following events, which ever
happens first:
a. Upon violations of conditions under which the
permit was issued.
b. Upon change in the City's Zoning regulations which
render the use non -conforming.
c. The redevelopment of the use and property upon
which it is located to a permitted or conditional use
as allowed within the respective zoning district.
4 In accordance with recommendations of the Fire
Chief ( Elk River) an unobstructed roadway width of 20
ft is provided within the site's access easement.
5. The site's sewage treatment system meet all
applicable provisions of the Ordinance, including
setback stand rds. This item should be subject to
further comment by the City Engineer.
Motion by Ron Black to approve the variance and interim
use permit for Dennis McAlpine. Seconded by Doug
Lindenfelser, all Council Members voted in favor of the
motion. David Licht then addressed mobile home sub-
divisions. He said that since 1985 single wide mobile homes
have been permitted only in mobile home parks. Single wide
mobile homes permitted prior to that date were grandfathered
in, but all replacements had to be double -wide.
Ron Black commented that the so --called mobile home sub-
divisions were not platted any different than any other sub-
divisions.
David Licht said we are not trying to force single wide
mobiles out as they are grandfathered in.
Motion by Floyd Roden to approve the Planning Commission
recommendations and approve the amendment to the Zoning
Ordinance requiring all homes to be 24 ft wide and be on
a permanent foundation. Seconded by Ron Black, Norman F.
Freske, Floyd Roden, Doug Lindenfelser and Ron Black voted in
favor of the motion, Larry Fournier was opposed, the motion
passed.
David Licht advised the Council that "Big Ede Trailer
Sales" has expanded his business and is not in compliance
with the Ordinance.
David Licht addressed the Darkenwald NE Quadrant at the
intersection of Co . 42 and Hwy 101. He had drafted a
resolution approving the area for interim Commercial use.
Motion by Ron Black to approve and adopt the Resolution
approving interim commercial use of the NE Quadrant.
seconded by Larry Fournier, ail council Members voted in
favor of the motion.
Wally Odell commented that "Ramblin Rose" has moved out
i h."".o has: been "rented out. He also said that the
(lity should notify the nhigw Shop about the Cit -,y Si n
CITY OF OTSEGO CITY COUNCIL MEETING OF APRIL 12, 1993.
Page 4
Regulations.
Dave Licht addressed Wayne K000ler'a request to sub-
divide Parcel No. 118-800-343203, Wright County had approved
re -zoning the parcel but it was never recorded and he
suggested that the Council take the initiative and rezone the
parcel. Mr. Kessler plans to sub -divide into 3 bui4lable
lots, 2 fronting on Co. 37 and 1 on Jason Avenue, each 5
acres.
Motion by Larry Fournier to initiate the re -zoning of
Wayne Keaaler'o Parcel No. 118-800-343203' Seconded by Floyd
Roden, all Council Members voted in favor of the motion.
Regarding Wright Co Wild Life Programs, Elaine Beatty
suggested that the City Engineer should be involved in the
approval process.
Larry Koshak addressed the 85th Street Construction
Project between Page Avenue and Co. 42 and recommended that
the Council adV*rtiise for bids on this prujeot.
Motion by Larry Fournier to advertise for bids on the
85th Street Construction Project with the bids to be received
on or before May 11, 1993, at 10:00 AM, with the bids to be
opened at that time' Seconded by Doug Lindenfelser, all
Council Members voted in favor of the motion'
Ron Black said that whatever was agreed on January 11,
1993, should be the final agreement with no more changes.
The curb cut on the Southside of 85th Street was not included
in the agreement.
Floyd Roden said that if John Lefebvre wants chain link
fencing on the North aide of 85th St., he should pay the
difference in fencing costs and also he should pay for the
curb cut on the South side. He suggested that John
Lwfebvre`a Attorney should draw up an agreement to that
off*ct.
Motion by Floyd Roden that John L*febvre`o Attorney be
required to draw up a contract by which John Lefebvre agrees
to pay for the difference in the coat of chain link fencing
and tor a curb cut on the South side of 85th St., Seconded
by Ron Black, all Council Members voted in favor of the
motion.
Larry Koshak also suggested that the Council set a date
for the assessment Hearing on the 85th St' Construction
Project.
Motion by Larry Fournier to have the Assessment Hearing
on the 85th St' Construction Project on May 25, 1"993. at
730 PM with a Workshop Meeting to follow' Seconded by Ron
Black, all Council Members voted in favor of the motion.
Larry Koshak advised the Council that he has prepared a
Resolution to add 0halnd Avenue between 85th and Cu' 39 to
the MSA road system.
Motion by Floyd Roden to approve and adopt the
oiution to add Ohlnnd Ave. (between 85th St and Co. ]9)
t'` the WA road S"condod by |.arrY Founior all
CITY OF OTSEGO CITY COUNCIL MEETING OF APRIL 12, 1993.
Page5
~
Council Members voted in favor of the motion.
Regarding Nashua Avenue, Mr' Koshak said that Mika Tardy
has agreed to come out and inspect it next week,
Mr. Koshak also said that the MSA Needs Report for 1993
has been submitted.
Larry Koshak then asked the Council what their ,wishes
were concerning the Ouale Avenue Project. Larry Fournier
suggested building it South to 60th Stroet, Larry Koshak
said that going South would be a little shorter but would
need to discuss this with Frankfort Township.
Floyd Roden suggested that Larry Koshak take a
preliminary look at building (Duale Avenue South to link up
with 0uale Avenue in Frankfort Township and report back at
the next Council Meeting.
Bob Brown said that it looks as the Co. 36 will be
signalized before Co. 37.
Glen 8eltrand,aokod what the time schedule was on 0uale
Avenue, Larry Koshak said Hwy 101 will be rebuilt in 1995
and Ouale has to be done before that. Mr. Beltrand also
asked that in the event the City failed to build Ouale Ave.
could MnDOT step in and build Qu8le Avenue. where ever they
wanted to? Larry Koshak said this was a possibility.
Motion by Ron Black to proceed with a feasibility study
of a Southern route for Quale Avenue as an access road for
62nd and 65th Streets.
Seconded by Larry Fournier, all Council Members voted in
favor of the motion.
Larry Koshak also said that Dave Montebello had informed
him that Wright Co' would pay for the reconstruction of the
Odean Ave and Co, 37 intersection if the City would acquire
the easements.
Motion by Ron Black to authorize Larry Koshak to proceed
with negotiations with Wright Co. concerning the
reconstruction of the Odean Ave - Co 37 intersection.
Seconded by Floyd Roden' all Council Members voted in favor
of the motion.
Regarding the Albertville EAW for its Waste Water
Treatment Plant expansion` the MPCA is still studying this
and Albertville can not take action on bid letting until MPCA
approves.
Motion by Ron Black to request the Otsego City Engineer
to write a letter to MPCA informing them that Otsego and its
residents ere not properly notified of the Albertville EAW
and needs more time to obtain legal Counsel on this matter.
Seconded by Larry Fournier, all Council Members votad in
favor of the motion.
Motion by Ron Black to approve the ISTEA Grant
AppLioatiun for Enhancement Funds in the amount of $198`000.
Seconded by Larry Fournier, all Council Mombero voted in
i'vur of Lho 0^LLon,
MoLioU by Ron Black to LAM,: lt�m U. of the dqc:In/{a
CITY OF OTSEGO CITY COUNCIL MEETING OF APRIL 12, 1993.
Page 6
(discussion of private roads) . Seconded by Doug
Lindenfelser, all Council Members voted in favor of the
motion.
Motion by Ron Black to approve paying Fabian Sadowski
$1,500.00 for 85th Street easements. Seconded by Larry
Fournier, all Council Members voted in favor of the motion
Elaine Beatty informed the Council that the agent is
considering $750,000 for insurance coverage on the new City
Hall, $650,000 for the building and $100,000 for the
contents. She also said she had talked to Sheriff Hozempa
about Deputy Sheriff protection at City Hall events and the
rate is $22.50 per hour in 4 hour shifts.
Toni Karpi had inquired about the job of cleaning the
City Hall. The Council will discuss this further at the next
Council Meeting.
Motion by Ron Black to hire Roger Kirscht to construct
the needed bulletin boards for the new City Hall. Seconded
by Floyd Roden, all Council Members voted in favor of the
motion.
Bruce Podvin, of Metro Builders Inc., contractor for
construction of the new City Hall, was present to complain
that the construction manager was too slow in approving
payments for work completed on the new City Hall. This has
made it difficult for him to pay his subcontractors. He has
$95,700 due him on the project and he owes his subcontractors
Motion by Ron Black to have a Special Council Meeting on
April 16, 1993, at 4:00 PM to resolve the billing problems.
Seconded by Larry Fournier, all Council Members voted in
favor of the motion.
Motion by Floyd Roden to approve the DNR proposal not to
restrict impervious lot coverage on the West side of Hwy 101
in the City of Otsego. Seconded by Doug Lindenfelser, all
Council Members voted in favor of the motion.
Motion by Ron Black to invite the Wright Co. Township
Officers Assn. to have their social gathering and quarterly
meeting on July 1, 1993, at the new Otsego City Hall.
Seconded by Doug Lindenfelser, all Council Members voted in
favor of the motion.
Motion Doug Lindenfelser to approve renewal of the
Sunday Set. -Up License for River,iood Conference Center.
Seconded by Ron Black, all Council Members, voted in favor of
the motion.
Motion by Ron Black to approve a One Day Liquor License
for the Albertville Lions. Seconded by Floyd Roden , all
Council Members voted in favor of the motion.
Motion by Floyd Roden to purchase 200 recycling bins.
seconded by Larry Fournier, all Council Members voted in
favor of the motion
The Council discussed mertin%s, scheduled in the new Cit.•,.
�_ i_ . t priority for the use of the Con l '1 ene
CITY OF OTSEGO CITY COUNCIL MEETING OF APRIL 12, 1993.
Page 7
Room should be given to City Groups.
Motion by Ron Black to charge Head Start $500.00 per
month for rental of the old City Hall, with the lease
renewable yearly. Seconded by Floyd Roden, all Council
Members voted in favor of the motion.
Motion by Larry Fournier to approve the amendmep.t to the
Dog Ordinance as prepared by Radzwill Law Offices. Seconded
by Ron Black; Norman F. Freske, Floyd Roden, Ron Black and
Larry Fournier voted in favor of the motion. Doug
Lindenfelser was opposed, the motion passed.
Regarding the Trinity Church offer to sell the property
across Nashua Avenue from the old City Hall to the City of
Otsego for $25,000. Ron Black suggested that the council
request Dave Licht to write a letter to Trinity Church
explaining to them that the Otsego City Council had not made
any zoning changes on the property and explain that the City
has paid $1,250 fo.4, the Barsody property for park purposes
and this property was larger than the Church property.
Motion by Larry Fournier to inform the City of Dayton
that the City of Otsego is willing to participate in the
Orderly Annexation of that part of Dayton which is in Wright
Co. Seconded by Ron Black, all Council Members voted in
favor of the motion.
Motion by Larry Fournier to send a letter to the
Radzwill Law Office regarding a conflict of interest
in the Albertville EAW as the Radzwill Law Office is legal
counsel for both Cities. Seconded by Doug. Lindenfelser, all
Council Members voted in favor of the motion.
Motion by Larry Fournier to pay the 1993 Dues to the
Wright Co. Mayors Assn. Seconded by Ron Black, all Council
Members voted in favor of the motion.
Proceeding as a board of audit the City Council audited
and allowed verified claims Nos. 326 to 418 inclusive.
Ori motion the meeting adjourned.
Attest:
NORMAN F. FRESKE, MAYOR
DOUG LINDENFELSER, COUNCIL
FLOYD RODEN, COUNCIL
LARRY FOURNIER, COUNCIL
RON BLACK, COUNCIL
:Jerome Perrault, Clerk