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08-23-1993 City Council MinutesSTATE OF MN The City Council of the City of COUNTY OF WRIGHT Otsego met this 23rd day of August, 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, James Barthel, Treasurer, Elaine Beatty, Dept. Clerk/Zoning Adm., Judy Hudson, Secretary, Larry Koshak, Engineer, and Bob Kirmis, Planner, were present. The meeting was called to order by Mayor Norman F. Freske. Motion by Ron Black to approve the Minutes of the July 22, 1993 Special Council Meeting. Seconded by Doug Lindenfelser, all Council Members voted in favor of the motion. Motion by Floyd Roden to approve the Minutes of the Closed Meeting held July 26, 1993 with one correction, paragraph 3 should precede paragraph 2. Seconded by Doug Lindenfelser, all Council Members voted in favor of the motion. Motion by Larry Fournier to approve the Minutes of the August 9, 1993, Council Meeting. Seconded by Ron Black, all Council Members voted in favor of the motion. Hilmer Hartman, a member of the Dayton City Council, appeared before the Council to explain why Dayton had requested Otsego to annex the Dayton half of the vacated Richardson Avenue which is on the border between the City of Otsego and the City of Dayton. The street has been vacated and the land occupied by the street reverts back to the property owner adjacent to the street. If the City of Otsego annexes the Dayton half of the street, all the land would be in the City of Otsego. Motion by Ron Black to place this annexation item on the agenda of the Sept. 13, 1993, Council Meeting. Seconded by Doug Lindenfelser, all Council Members voted in favor of the motion. Laverne Constant was present to complain about the road ditch on Nashua Ave. by her property and also the creek on her property now has standing water where it never stood before. She said weeds are growing in the ditch instead of grass and the ditch is so rough she can not mow it. Larry Koshak said that the gas company did put their line in after the road construction company had finished shaping the ditch. Larry Fournier suggested having the maintenance crew check the condition of the ditch. Fabian Sadowski appeared before the Council to complain about his driveway off the newly constructed 85th Street. He said the driveway is in the wrong place and driveway has a hump in it so that his farm machinery drags on it. Larry Koshak said the culvert and driveway were placed with the intent that the water should flow towards the James Addition. The Council and Engineer agreed to meet at the site tomorrow (August 24) afternoon at 3:30 P.M. to view the driveway and make their recommendations to correct the problem. Mark Berning appeared before the Council to complain CITY OF OTSEGO CITY COUNCIL MEETING OF AUGUST 23, 1993 Page 2 about the drainage of Lot 2, Block 4, in Island View Estates. The water from the lot is draining onto his lot and it appears a tile line was broken when they were digging on the lot. They are trying to build a house there now and water is standing in the basement. Larry Koshak said he did approve the drainage of the lot under certain conditions, -and it is supposed to drain N.E. away from Bernings Lot. He said that when construction and landscaping are completed, it should drain N.E. Mark Berning said the drainage of Lot 4, Block 6, and Lots 8, 9, 6: 1 of Block 9 should be checked also. Cynthia Pollari appeared before the Council regarding the foundation for their double wide mobile home. The City Ordinance requires full perimeter foundations and she said she would like to use pillaring support because the model she has does not have outer wall support. She said the State Building Code does allow pillar supports. DeWayne Seffinga was also present and said the model he has purchased is built the same way without outer wall support and he also would like to construct without a full perimeter foundation. Motion by Larry Fournier to table this matter until the Council can consult the Building Inspector. Seconded by Doug Lindenfelser, all Council Members voted in favor of the motion. Julia Stone who lives on 85th Street, appeared before the Council to complain because the stop signs are not up at the Page Ave.- 85th Street intersection and drivers are speeding on 85th Street. Larry Koshak said the signs are not up because construction is not completed yet and the street is not open for use. He said the street is designed for and will be posted at 40 MPH when it is completed. Once the signs are up the Deputy Sheriff can start ticketing drivers. There will be a 3 -Way stop at the Page Ave. -85th Street intersection. Mrs. Stone said she thought the speed limit should be less than 40 MPH. The Council advised her that matter would have to be taken up with the MnDOT Traffic Engineer in Brainard who regulates speed limits and has certain standards they go by to determine speed limits. Bob Kirmis appeared before the Council in regard to the Mary Dare Baufield application for a CUP to establish a Golf Driving Range. The County had granted her a CUP but the time limit on the permit expired. The Planning Commission has approved the CUP in accordance with the following conditions: 1. The proposed Pro Shop and off street parking area are relocated to an area which will not be effected by forthcoming Hwy 101 construction. Preferred structure and parking lot locations should be determined via reference to preliminary highway plans and CITY OF OTSEGO CITY COUNCIL MEETING OF AUGUST 23, 1993 Page 3 discussions with the City Engineer and MnDOT. 2. A revised site plan (enlarged and to scale) be submitted which shows the proposed site improvements in a comprehensive manner and exact locations and sizes of site elements (including the number of Golf Tees.) 3. The City finds the proposed Pro Shop floor area to be acceptable (+ 700 sq. ft.) 4. The proposed Pro Shop comply with all applicable conditions of the Building Code. This item should be subject to further comment by the City Building Inspector 5. The attached development standards as shown in exhibit E, be followed for layout and construction of Tees. 6. The parking area be revised to include the necessary number of stalls, handicapped spaces, screening, landscaping and deletion of dead end design. The parking lot should be hard surfaced and curbed by Ordinance. 7. The applicant demonstrate methods of containing stray golf balls from entering adjacent right-of-ways and properties (including the Mississippi River) 8. A grading and drainage plan be submitted and reviewed by the City Engineer. 9. The proposed site plan be subject to review and comment by the City Engineer, Wright Co. Highway Dept. an MnDOT in regard to preferred building and parking lot placement. 10. Al]. conditions as outlined in the MnDOT issued access permit plus any additional conditions recommended by the City Engineer are upheld. Al]. related conditions shall be subject to City approval. 11. Per the recommendation of the City Engineer the applicant grant MnDOT right-of-way for future Hwy 101 improvements. 12. The proposed well and sewage treatment system are located so as not to be within the future highway frontage road. 13. All proposed exterior lighting locations are identified on the submitted site plan. A11 such lighting shall be directed so as not to light adjacent property or public right-of-way. 14. All applicable flood plain related requirements relating to building and sewage treatment construction are met. This item should be subject to further comment by the City Engineer and/or MPCA. 15. Al]. proposed signs comply with applicable provisions of the City's sign regulations for business related signage. CITY OF OTSEGO CITY COUNCIL MEETING OF AUGUST 23, 1993 Page 4 To uphold the intent of the Wild & Scenic Zoning, it is recommended that no signage be visible from the Mississippi River. 16. A financial security is posted to ensure compliance with conditions of CUP approval. Motion by Ron Black to accept the Planning Commissions recommendation and approve the CUP for the Mary Dare Baufield Driving Range. Seconded by Doug Lindenfelser. Wally Klus, representing Mary Dare Baufield said the conditions outlined in Item 1 will make the project cost prohibitive to build. The Council explained these conditions were for their own benefit. He also questioned Item II, granting MnDOT the right -of -entry. Larry Koshak said that MnDOT will require this when Hwy 101 is rebuilt. Mary Dare Baufield said that requiring the parking lot to be paved is going to make the project too expensive to build. Most of the driving ranges she knows of have gravelled parking lots. She said she has still not decided if this is the best use for her property. All Council Members voted in favor of the motion. Bob Kirmis said the DNR has accepted the proposed Shoreland Regulations Ordinance for the City of Otsego. They also want Otsego to include that part of Otsego Creek within the Wild & Scenic boundaries as an amendment to the Shorelands Ordinance. Ron Black said he wanted more information and reasons as to why the DNR wanted this Amendment. Motion by Larry Fournier to have the City Planner request more information from the DNR as to why they wanted the amendment to include Otsego Creek in the Shoreland Ordinance. Seconded by Floyd Roden, all Council Members voted in favor of the motion. Bob Kirmis said the Search Committee has recommended the N.E. Quadrant of the Odean Ave-Co.37 intersection as the 3rd Industrial Site. Motion by Ron Black to schedule a meeting with the Planner to discuss the 3rd Industrial Site. Ron Black suggested having the meeting coincide with an EPA Meeting. Ron Black amended his motion to schedule the meeting on the 3rd Industrial Site for Sept. 8, 1993, at 8:00 P.M. Seconded by Larry Fournier, all Council Members voted in favor of the motion. Bob Kirmis said he would need further investigation on the Ordinance to regulate gas storage. Larry Koshak addressed the Kadler Ave. Bridge replacement project. He said all the easements have been signed except that of Ken Bistodeau. He would like to see the water level drop some before starting the project. Regarding the 85th St. project, there are some drainage CITY OF OTSEGO CITY COUNCIL MEETING OF AUGUST 23, 1993 Page 5 problems to resolve, also washing and silting problems. Some landowners on the East side of Co. 42 are concerned about the amount of water drainage from Country Ridge thru the culvert under Co. 42. Larry Koshak said Antelope Park Development has a new manager and hopefully this will help resolve some -of the issues we have with them. Norman F. Freske said he had met with Dale Homuth of the DNR regarding the Otsego Creek and the Section 30 Wetland. The DNR will be setting the Ordinary High Water Level for the Section 30 Wetland and once they do that, we can determine how deep the ditch can be from the Section 30 Wetland to the river. Larry Koshak addressed flooding in Otsego Acres. Steve Wildermuth and other residents were present from Otsego Acres. Mr. Koshak said the flooding in this area is caused by the high water in the La Connic Wetland to the West of the area and the high water in the Section 30 Wetland affects the La Connic Wetland. The water ends up in the 88th and Ochoa Ave. This area should drain towards Halls Pond but would require a storm drain pipe to achieve this. Mr. Koshak said that Dale Homuth of the DNR will be checking the Ordinary Highwater Level for all these wetlands and once he has this data he will be able to make recommendations for drainage in the area. The City Council will set up a Workshop Meeting after the DNR has completed their study. Motion by Ron Black that upon completion of the DNR Study, the City Engineer make his recommendations for drainage and flood control in the area. Seconded by Larry Fournier, all Council Members voted in favor of the motion. Larry Fournier said he was unable to schedule a meeting with the Albertville Council Representatives since the last Council Meeting to discuss the Albertville Fire Contract. Larry Fournier motioned to table the Albertville Fire Contract Issue until the Sept. 9, 1993, Council Meeting. Seconded by Floyd Roden. Ron Black said that when they meet with the Albertville representatives he will be recommending 3 amendments to the contract. The first amendment would extend the fire dept. service and medical response service thru Dec. 31, 1994. The second amendment would continue the same contract rate thru 1994 as the budget should not change much for 1994. The third amendment would provide for the establishment of a joint Fire Protection Commission with members from the City of Albertville, The City of Otsego and Frankfort Township, with the Commission to be in place by Sept. 1, 1994. CITY OF OTSEGO CITY COUNCIL MEETING OF AUGUST 23, 1993 Page 6 All Council Members voted in favor of the motion. Motion by Larry Fournier to approve and sign the Otsego Creek Amendment. Seconded by Floyd Roden, all Council Members voted in favor of the motion. Motion by Ron Black to appoint Larry Fournier, Floyd Roden and the Chairmen of the Planning Commission (or his designatee) to the Otsego Creek Commission. Seconded by Doug Lindenfelser, all Council Members voted in favor of the motion. Building Inspector, Jerry Olson, was now present and appeared before the Council to discuss the double wide mobile home perimeter foundation issue. He said he had received the plans from the A-1 Mobile Home Co. (the builder of the Pollari & Seffinga homes). He rejected their plans and told them what he wanted. He recommended the full perimeter foundations with I beams supports under the home and A-1 has agreed to do this. A wood foundation could also be used. Mr. Olson said that most models of double wide homes require a full perimeter foundation and he would not recommend granting any variances from the City Ordinance. Motion by Ron Black that elevations for driveway culverts be part of the building permit that builders provide their own culverts according to City Spec.'s and a benchmark be set, these provisions to be in effect by Oct. 1, 1993. Seconded by Larry Fournier, all Council Members voted in favor of the motion. Motion by Floyd Roden to appoint Darlyn Kofoed to the Park & Recreation Commission with Brad Mickelson to serve as 1st Alternate and Debbie Carron to serve as 2nd Alternate. Seconded by Ron Black, all Council Members voted in favor of the motion. Don Meinhardt appeared before the Council to discuss City Hall issues. He said Omann Brothers are asking $850.00 for extra work on the gravel base for the parking lot but he felt $500.00 was enough for the extra work. Motion by Floyd Roden to approve a $500.00 payment to Omann Brothers for extra work. Seconded by Ron Black, all Council Members voted in favor of the motion. Mr. Meinhardt said All Floors & More has submitted a bill for $425.00 for extra work but he has only approved $75.00 of the billing. The $75.00 was for an extra trip during installation. Motion by Floyd Roden to approve $75.00 payment to Al]. Floors & More for an extra trip. Seconded by Ron Black, all Council Members voted in favor of the motion. Mr. Meinhardt said that Dale Novak completed the Wall Papering Contract for the City Hall and he is recommending final payment of $365.00 to Mr. Novak. Motion by Floyd Roden to make the final payment of $365.00 to Dale Novak. Seconded by Ron Black, all Council Members voted in favor of the motion. CITY OF OTSEGO CITY COUNCIL MEETING OF AUGUST 23, 1993 Page 7 Motion by Larry Fournier to approve payment to Bartley Sales Co. for 12 Council Tables name plates and 4 blank name plates in the amount of $460.00 and to order 3 more handicapped signs. Seconded by Doug Lindenfelser, all Council Members voted in favor of the motion. Motion by Floyd Roden to make the final payment of $784.00 to Kurtti Construction Inc. for the City'Hall ceiling contract. Seconded by Ron Black, all Council Members voted in favor of the motion. Mr. Meinhardt reported that the cement contractor, Kiffmeyer Inc. has completed the additional work needed on the City Hall. Motion by Larry Fournier to approve payment to Don Meinhardt in the amount of $1,344.00 for extra architectural services. Seconded by Ron Black, all Council Members voted in favor of the motion. Motion by Floyd Roden to have the Truth In Taxation Hearing on Dec.9 at 7:30 P.M. with the alternate date Dec. 16 at 7:30 P.M. Seconded by Ron Black, all Council Members voted in favor of the motion. Motion by Ron Black to permit Head Start to install carpeting in the Old City Hall on condition that the wood floor is not damaged. Seconded by Doug Lindenfelser, all Council Members voted in favor of the motion. Motion by Ron Black to table consideration of gravel hauling until the Sept. 13, 1993, Council Meeting. Seconded by Doug Lindenfelser. Ron Black commented that we should check how much was budgeted for gravel hauling before reaching a decision. The Council was concerned that waiting until after Sept. 13 to haul the gravel would be too late in the year for the gravel to pack down before winter. Ron Black withdrew his motion and Doug Lindenfelser withdrew his second. Motion by Floyd Roden to accept the T. & S. Trucking proposal to furnish and haul gravel for $5.20 per. yd. with the amount hauled to be determined by the budgeted amount. Floyd Roden withdrew the motion. Motion by Larry Fournier to consider the gravel hauling at the August 30, 1993, Special Council Meeting. Seconded by Floyd Roden, all Council Members voted in favor of the motion. Motion by Floyd Roden to have the Truth In Taxation Hearing on Dec. 9 at 7:30 P.M. with the alternate date Dec. 16 at 7:30 P.M. Seconded by Ron Black, all Council Members voted in favor of the motion. Motion by Ron Black to install a sound system in the South half of the large meeting room on condition it can be controlled by the main control panel. Seconded by Floyd Roden, all Council Members voted in favor of the motion. Motion by Floyd Roden to accept the proposal of St. Paul CITY OF OTSEGO CITY COUNCIL MEETING OF AUGUST 23, 1993 Page 8 Brass & Aluminum Foundry to make a plaque for the City Hall. Seconded by Ron Black, all Council Members voted in favor of the motion. Ron Black reported that he will be receiving two reports one from Annandale and one from the Corcoran Chief of Police, on what it costs to run their Police Departments.. Floyd Roden reported that he attended a meeting of the Mississippi Parkway Commission in St. Cloud on August 18. He said the main topic was the Mississippi River Road, but they were also concerned with parks in connection with the road. He talked with Dennis J. Adams at the meeting and he volunteered to assist him with ISTEA Grant application. Proceeding as a board of audit, the City Council audited and allowed verified account No.'s 1002 to 1057 inclusive. On motion the meeting adjourned. NORMAN F. FRESKE, MAYOR DOUG LINDENFELSER, COUNCIL FLOYD RODEN, COUNCIL LARRY FOURNIER, COUNCIL RON BLACK, COUNCIL JP/co