07-12-1993 City Council MinutesSTATE OF MN The City Council of the City of
COUNTY OF WRIGHT Otsego met this 12 day of July,
CITY OF OTSEGO 1993, at 7:30 P.M. Norman F. Freske,
Mayor, Doug Lindenfelser, Floyd Roden, Larry Fournier and Ron
Black, Council Members, Jerome Perrault, Clerk, Elaine
Beatty,Dep.Clerk/Zoning Adm. James Barthel, Treasurer, Carol
A. Olson, Secretary, Dave Licht, Planner, Larry Koshak,
Engineer, and Andy McArthur, Attorney, were present':
The meeting was called to order by Mayor Norman F.
Freske.
Motion by Larry Fournier to approve the Minutes of the
June 8, 1993 Special Council Meeting. Seconded by Doug
Lindenfelser, all Council Members voted in favor of the
motion.
Motion by Doug Lindenfelser to approve the Minutes of
the June 9, 1993, Special 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
June 28, 1993, Council Meeting. Seconded by Doug
Lindenfelser, all Council Members voted in favor of the
motion.
Norman F. Freske declared the Open Forum segment of the
meeting to be in session.
Vern Heidner said that he (with input from Elaine Beatty
and Judy Hudson) had analized the computer needs of the City
Office and had checked with 12 different Companies. He said
that he is recommending purchasing two Model 40 MHZ 486-DX
computers from Softronics Co., a local business, at $1550
each. You would also need a network card and a window for
each computer but would not need a concentrator hub at this
time.
Jeff Waddell appeared before the Council to say that he
and his neighbors in Mississippi Parkwood would like to
organize a Crime Watch Program for their neighborhood and
also put up signs indicating they have a Crime Watch Program.
They would like to have a meeting to organize. The Council
advised him they could use the City Hall for their
Organizational Meeting and they also advised him it would be
permisable to put up public service signs.
Dave Licht addressed the Plude subdivision. He said
Lot 1 was sold without Mr. Plude notifying the buyer that
there would be one access to Co. 39 for the two lots. They
are now requesting an access to Co. 39 for each lot, but the
position of the City Staff is that the original position of
one access to Co. 39 for the 2 lots should be abided by. Ron
Black said that the Planning Commission had denied a change.
Motion by Ron Black to approve the Planning Commissions
recommendation of one shared access to Co. 39 and deny the
request for 2 accesses.
Larry Fournier suggested an amendment to the motion to
indicate where the shared access should be. Mr. Licht said
the original agreement was to have the shared access at the
Boundary line between the 2 lots. Ron Black said that Wright
CITY OF OTSEGO CITY COUNCIL MEETING OF JULY 12, 1993,
Page 2
Larry Fournier withdrew his amendment.
Mrs. Plude said that this action by the Councill would
deny Lot 2 an access.
Ron Black, Larry Fournier, Norman F Freske and Floyd
Roden voted in favor of the motion, Doug Lindenfelser was
opposed, the motion passed.
Dave Licht addressed the Adams request for a CUP to
operate a dog Kennel.
Motion by Larry Fournier to rescind the motion denying
the Adams request for a CUP to operate a Dog Kennel.
Seconded by Norman F. Freske.
Larry Fournier, Ron Black and Norman F. Freske voted in
favor of the motion, Doug Lindenfelser was opposed and Floyd
Roden abstained, the motion passed.
Dave Licht said that he had checked with other
Communities and if they approve the CUP to have a Dog Kennel
on a particular site, they do not specify the location of the
Kennel on the site. Doug Lindenfelser said he was concerned
about barking dogs.
Dave Licht said that if the Kennel does not abide by the
noise provisions in the Dog Ordinance, their license could be
reviewed and revoked.
Floyd Roden said he thought the County should build a
facility to house impounded dogs.
Motion by Larry Fournier to return the Adams request for
a CUP to operate a Dog Kennel back to the Planning Commission
for further review and a site inspection by the Planning
Commission. The motion was seconded by Ron Black.
Doug Lindenfelser said he questioned whether the house
was a suitable Kennel. Ron Black said this would be a Health
Dept. issue. Larry Fournier voted in favor of the motion,
Doug Lindenfelser, Floyd Roden, Norman F. Freske and Ron
Black were opposed, the motion did not pass.
Motion by Doug Lindenfelser to approve the CUP for the
Adams to operate a Dog Kennel with the stipulation that the
noise problem be addressed. Seconded by Floyd Roden, all
Council Members voted in favor of the motion.
Dave Licht addressed the Havel Concept Plan for the
development of his 40 Acre site on Nashua Ave. Mr. Havel is
requesting City approval of this concept plan and will be
requesting a rezoning to an A-2,4 per forty, designation.
Mr. Licht said that he also had to look ahead at a future
sub -division of the property and Mr. Havel has come up with a
good plan for the property for now and for the future.
Motion by Larry Fournier to accept the Planning
Commission recommendation and approve the Havel Concept Plan.
Seconded by Ron Black, all Council Members voted in favor of
the motion.
Dave Licht addressed an amendment to the Zoning
Ordinance to allow the use of a temporary manufactured home
CITY OF OTSEGO CITY COUNCIL MEETING OF JULY 12, 1993,
Page 3
Norman F. Freske said he would be in favor of an
amendment only in the case of fire.
Motion by Floyd Roden to initiate an amendment to the
Zoning Ordinance to allow the temporary use of a manufactured
home in the case of an emergency. Seconded by Doug,-
Lindenfelser, all Council Members voted in favor of the
motion.
Dave Licht addressed an amendment to change the
accessory regulations as we are getting a lot of variance
requests for larger accessory buildings.
Motion by Doug Lindenfelser to intiate an amendment to
change accessory building regulations. Seconded by Ron Black.
Ron Black said he understands this would be an administrative
procedure and Mr. Licht replied that it would be. All Council
Members voted in favor of the motion.
Dave Licht addressed the 1 per forty development rights.
The City Ordinance does not allow the transfer of development
rights from one forty to another unless it is on a public
road and not if it is landlocked.
Motion by Doug Lindenfelser to initiate an amendment to
address the 1 per 40 density and transfer of development
rights. Seconded by Larry Fournier, all Council Members voted
in favor of the motion.
Dave Licht addressed an amendment to the Zoning
Ordinance to regulate the storage of gas in a residential
area.
Motion by Larry Fournier to initiate an amendment to the
Zoning Ordinance to regulate the storage of gas in a
residential area. Seconded by Ron Black, all Council Members
voted in favor of the motion.
Arlene Wirth, of Head Start, appeared before the Council
to say her organization was in the process of negotiating a
lease with the City to use the old City Hall for Head Start
classes. She said they wanted a 5 year lease and the City
has been requesting a yearly review of the lease. She said
they plan on spending $7000 to improve the building and would
like a guarantee of at least 5 years of use.
Ron Black suggested the lease as an agenda item at the
next Council Meeting to give the Council more time to
consider the terms of the lease.
Motion by Ron Black to table consideration of the old
City Hall lease until the next Council Meeting. Seconded by
Larry Lournier, all Council Members voted in favor of the
motion.
Larry Koshak addressed the Quam-Quale Ave. access road.
He said Frankfort Township has not taken any formal action on
Quam Ave. but did meet with MnDOT to dicuss cost sharing on
the project. On Quale Ave. between 65th St. and 70th St.,
MnDOT will pay all but the right-of-way. Quam would be the
same as Quale hut the mid --section of the access road (from
CITY OF OTSEGO CITY COUNCIL MEETING OF JULY 12, 1993
Page 4
agreement with MnDOT. If Frankfort were to build Quam Ave. to
60th St., Otsego would need to acquire the right -of --way for
Quam-Quale Ave. from 60th to 62nd Street.
Motion by Floyd Roden to adopt a Resolution approving
the plans & spec's and advertising for bids on the
construction of Qua1e Ave. between 65th St. and 70th St.
Seconded by Larry Fournier, all Council Members voted in
favor of the motion.
Larry Koshak addressed the Albertville EAW. He said that
he and Albertville Engineer Thore Meyer have worked out an
agreement to cost share the maintenamce of Otsego Creek. The
cost share will be based on average and runoff. Monticello
Township and Frankfort Township will not be asked to share in
the cost of maintaining Otsego Creek. We also would need DNR
approved on anything done to the Creek. Annual inspection of
the Creek and an annual report on development in the
respective areas should be part of the agreement.
Larry Koshak said he has prepared a Resolution
authorizing Otsego to participate in a Regional Wastewater
Treatment Facilities Task Force. Motion by Floyd Roden to
accept the Cost Share Agreement to maintain Otsego Creek as
prepared by Hakanson Anderson and Meyer-Rohlin. Seconded by
Doug Lindenfelser, all Council Members voted in favor of the
motion.
Motion by Ron Black to adopt the Resolution authorizing
the City of Otsego to participate in the Regional Wastewater
Treatment Task Force. Seconded by Larry Fournier, all Council
Members voted in favor of the motion. The full text of the
Resolution is attached to these Minutes.
Larry Koshak discussed the issue of damage by MnDOT to
Kadier Ave., 85th St., 80th St., and Jalger Ave. He has
prepared a packet of information to send to MnDOT regarding
this road damage.
Motion by Ron Black to proceed with obtaining
compensation from MnDOT to repair 80th St., Kadier Ave., 85th
St. and Jalger Ave. Seconded by Larry Fournier, all Council
Members voted in favor of the motion.
Motion by Larry Fournier to send the letter (regarding
unresolved issues in Antelope Park) to Mark Woolston and
Barry Larson as prepared by Hakanson Anderson Assoc., Inc.
Seconded by Ron Black, all Council Members voted in favor of
the motion.
Larry Koshak advised the Council that he had done a
traffic study in the 96th St.-Parkington Ave. area and he
would recommend a Stop sign on Parkington Ave. as it
approaches 96th St. but would not recommend a Stop sign on
96th St.
Ron Black said, speaking as a resident of the area, that
something needs to be done to slow down the traffic on 96th
St. at that intersection. Larry Koshak said he would prefer a
CITY OF OTSEGO CITY COUNCIL MEETING OF JULY 12, 1993
Page 5
Motion by Floyd Roden to put a Stop sign from both
directions on 96th St. at the Park Entrance. Seconded by Doug
Lindenfelser, all Council Members voted in favor of the
motion.
Andy McArthur addressed the Metro Builders situation.
He said the 2 checks made out jointly to Metro Builders and
Kiffmeyer were endorsed only by Metro Builders and cashed at
the St. Micheal Bank. Bills to Southside Lumber (about
$10,000) to Proco ($9,000) and to Kiffmeyer (about $26,000)
have not been paid by Metro Builders.
Motion by Ron Black to proceed with necessary measures
against whatever Bank is responsible for cashing the jointly
issued checks in order to recover City funds. Seconded by
Doug Lindenfelser, all Council Members voted in favor of the
motion.
Motion by Ron Black to pay Proco direct, less $400
retainage for unfinished work, upon receipt of a prepared pay
order from Don Meinhardt and a signed agreement approving the
payment from Metro Builders.
Motion By Floyd Roden to authorize Andy McArthur to
proceed with negotiations with the Banks. Seconded by Ron
Black, all Council Members voted in favor of the motion.
Motion by Ron Black to reject the annexation proposed
from the City of Dayton whereby the City of Otsego would
annex the City of Dayton's part of the vacated Richardson
Ave. Seconded by Larry Fournier, all Council Members voted in
favor of the motion.
Motion by Ron Black to purchase 5 ash trees for the City
Hall site from Grove Nursery at $90 per tree. Seconded by
Larry Fournier, all Council Members voted in favor of the
motion.
Seal Coating quotations to seal coat approximately 4
miles of road were received from Astech Co. of St. Cloud at
$18,800 (based on .376 per sq yd) and Allied Blacktop Co. at
16,637.50 (based on .369 per sq yr).
Motion by Ron Black to accept the Seal Coat quotation of
Allied Blacktop Co. at $16,637.50. Seconded by Floyd Roden,
all Council Members voted in favor of the motion.
Proceeding as a board of audit the City Council audited
and allowed verified accounts Nos. 763 to 851 inclusive.
On motion the meeting adjourned.
CITY OF OTSEGO CITY COUNCIL MEETING OF JULY 12, 1993
Page 6
, NORMAN F. FRESKE, MAYOR
, DOUG LINDENFELSER, COUNCIL
, FLOYD RODEN, COUNCIL
, LARRY FOURNIER, COUNCIL
, RON BLACK, COUNCIL
Attest: Jerome Perrault, Clerk
JP/co
(See File #CC -8493)