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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)