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05-08-1995 City Council MinutesCITY OF OTSEGO WRIGHT COUNTY, MINNESOTA CITY COUNCIL MEETING 6:30 PM COUNCIL CHAMBERS OTSEGO CITY HALL MAY 8, 1995 1/. • \• 11.1 ,- • I ►/' 1! • • •- Mayor Freske called meeting to order at 6:30 PM. 2. Roll Call: Mayor Norman F. Freske, Councilmembers: Suzanne Ackerman, Ron Black, Larry Fournier, Vern Heidner. Staff: Bob Kirmis, Assistant Planner, Andy MacArthur, Attorney, Larry Koshak, Engineer, Elaine Beatty, Clerk/Zoning Administrator, Phyllis Boedigheimer, Director of Business and Finance, Judy Hudson, Deputy Clerk, Carol Olson, Secretary. 3. Consider Agenda approval (Deletions or Additions) Additions Reaniested by Darkenwald/Plude CUP Mayor Freske Attorney comment on 13.2 CM Fournier CM Fournier motioned to adopt the May 8, 1995, City Council Agenda as amended. Seconded by CM Black. All in favor. Motion carried. 4. Consider Minutes as follows: 4.1 Board of Review 4-20-95 CM Black motioned to adopt the Board of Review Minutes of April 20, 1995. Seconded by CM Heidner. All in favor. Motion carried. 4.2 City Council 4-10-95 CM Fournier motioned to adopt the City Council Minutes of April 10, 1995. Seconded by CM Black. All in favor. Motion carried. 4.3 City Council 4-24-95 CM Fournier motioned to adopt the City Council Minutes of April 24, 1995. Seconded by CM Heidner. All in favor. Motion carried. 4 4 Hearing to Vacate Bulow Plat Streets and Public Hearing on Stormwater Districts 4-3-95. CM Black motioned to adopt the minutes for the Hearings to Vacate Bulow Estates Plat Streets and Stormwater Districts of April 3, 1995. Seconded by CM Ackerman. All in favor. Motion carried. -III ♦ - - •-I• 1/1111 ••u' '. . . I . 11' •, •u ' I-1 ng for a Civil Defense Siren. (See attached) Ms. Kelly is the Manager of Riverbend Mobil Home, Park.. She expressed her concerns and reasons for an emergency weather warning. The Park does have a shelter but residents need to be warned. The Council agreed that the City needs Warning Sirens but the cost is high. There was discussion regarding the Park participation in costs. Ms. Kelly noted Darkenwalds had indicated a possible donation of land for a siren. CM Black will check into a leasing program and come back with the information. Otsego City Council Meeting of May 8, 1995, cont'd. Page 2. 6. Chris Bulow - Requests the Council to Reconsider the motion on the PIM for Rulow Estates Attorney, Andy MacArthur stated that Mr. Bulow is proposing a change in on the conditions of approval. (See attached) CM Fournier motioned to send this request back to the Planning Commission. Motion died for lack of Second. It was noted by the City Attorney that Mr. Bulow still can make application. 7. Tudy Havel - Re: Hall Mental Damage De¢os1 (See Memo from Judy Hudson) Dennis and Judy Havel rented the Hall on April 1, 1995 for a Wedding Reception. Staff deducted $89.45 for damaged table and $50.00 for parts and labor for the Men's Rest Room Paper Holder. Mr. and Mrs. Havel objected to this cost and wanted damaged table. CM Fournier motioned to support Staffs Recommee �dati and City Policy of keeping the damaged products. CM Black seconded. All in fav 8. Pat Adkins - Ye: St. Michael Youth Hockey Rink (lTpdate Connell) Mr. Adkins, representing the St. Michael/Albertville Hockey Association, passed around the architects drawing of the Ice Rink. Estimated cost of building was $900,000. They are proposing to put this in the Long Haul Trucking Industrial Site, on two acres of donated land. The Council concerns were: Zoning, This type of use is not taxed Lot size Council recommended that these issues should be addressed and to work with City Staff., 9. OPEN FORUM No one appeared on Open Forum. 10. Bob Kirmis. Assistant City Planner: Mr. Bob Kirmis went over the Findings of Fact and Decision (attached). CM Fournier motioned to accept the Planning Commission Recommendation to approve the MRD Commercial Park 2nd Addition, Lot 1, Block 1. Seconded by CM Heidner. Voting for: Mayor Norman F. Freske, CM Heidner, CM Fournier, CM Ackerman. Voting Against: CM Black. Motion carried four to one. Christ Lutheran Church Discussion: CM Black questioned the significance of the attachment, Plans, and if the Council had considered the type of use going in on this lot. CM Black was also concerned with the possibility of water and sewer coming in from the southeast part of the City, development would start there and by allowing this the City may be creating more problems. Jim Ladner explained that the Planning Commission had asked for a Phasing Plan (attachment) and the applicant did not know Christ Lutheran Church plans. Otsego City Council Meeting of Mah 8, 1995, cont'd. Page 3. CM Heidner motioned to rezone 2.7 acres from A-1Agricultural ommercial Park Rural Service District ct to B-3, General Business District, known as Lot 1, Block1, Addition. Seconded by CM Fournier. Voting for: Mayor Norman F. Freske, CM Fournier, CM Heidner, CM Ackerman. Voting against: CM Black. Motion carried four to one. Discussion: CM Black asked why wasn't this whole area rezoned at this time. CM Fournier speaking as the Planning Commission Representative, said that since the direction of the future sewer and water isn't known this is a better way to go. Mr. Kirmis pointed out that the specific request was to rezone Lot 1, Block 1, Second Addition. 10.2 Jeffry and Karen Steffens,Ap.plicant 6741 Oakwood Avenue. Property Owner is -• :- 11- X11 :-• - for '1D : :— Si— 411 .— •e-• Mr. Kirmis went over the Findings of Fact and Decision (attached). CM Black motioned the adoption of the Planning Commission's recommendation to approved the Conditional Use Permit for a one per forty split, transfer of property rights from PID #118-500-323400 to PID #118-500-321400 Zoned A-1. Seconded by CM Heidner. All in favor. Motion carried. Discussion: CM Black referred to consideration of #2 under Decision. This was found not practical since this is on low land and by a feed lot. 10.3 Any other Planning Business Mayor Freske explained there is a body shop located there now. They want to put in a cement floor for storage. Bob Kirmis' concerns were: This is an Interim Use Use is allowed until 101 improvement are completed Any investments made, may make it more difficult to discontinue Interim Use. After Council Discussion with City Attorney it was recommended that there should be an attachment to the PUD where the issue of economics is specifically addressed and that the Owners acknowledge that the risk of economic loss is theirs. Council directed staff to work this out. to �. .-s . • •t • 11. Andy MacArthur, City Attorney 11.1 Information on Bonding for Finance Officer for City Mr. MacArthur explained that initially under the EbABonding, it said not in excess of $300,000. Phyllis Boedigheimer has contacted Dan Green and will determine what type of coverage is needed. Andy suggested naming a deputy treasurer to the EDA. Otsego City Council Meeting of May 8, 1995, cont'd. Page 4. 11.2 Information on Parks and trails Fees Andy MacArthur went over his letter of May 3, 1995 (attached). In this letter Mr. MacArthur presented his recommendations for changes in the language of Section 21-7-18 of the Subdivision Ordinance. Andy advised the Council to review the Park and Trail Fees at the same time they are amending the Ordinance. CM Fournier motioned for the Parks and Recs. Commission to review and give the Council their recommendation for any changes for the a Bland ack. rDail Fees. TCM ehis commendation should be received by June 12. Seconded by CM Heidner recommended to set a Public Hearing Date to change the Ordinance. Council decided to let the Parks and Recs. Commission submit their recommendation first. In the cover letter to the Parks and Recs. Commission, their recommendation must be in writing and must be submitted to the City Clerk the Thursday prior to the City Council Meeting. 11 '3 Any other Legal Business For the May 22, 1995 City Council Agenda: Development Rights on Lots of Records. 12. Larry Koshak. City Engineer 12.1 CORD #37 and ODean Avenue Project: a. Consider approval of distribution of checks for easement and damage CM Black motioned to direct the Business and Finance Officertodraft the thecks to the land r. Motion carried. owners for easements and damages. Seconded by CM Fournier. Discussion: The Council noted that Parcel A and H (see attached Engineer's Report)have been dropped. CM Fournier questioned the Wright County reimbursement of $10,620. damages due to Jones Intercable and other agreements with landowners. Larry Koshak explained the reimbursement. Otsego processes the checks, checks are cashed, copies of endorsed checks are sent to the County, then the County will do the reimbursement. Damages may be due Jones Intercable. We are taking some of their right-of-ways and they will have to relocate their lines in the new right-of-ways, and there may be damage. Agreements made with property owners - A fence has to be put up for the Pouti's, we will get a bid for this. • 1 • • 12.2 Jalger Avenue status report Mr. Koshak explained that Jalger Avenue will be ripped up and replaced before the June Conference. Mayor Freske stated that the City will not help wi Project.h any more money on this project, Any work being done on Jalger will be part of the Work Mr. Koshak said the Fins want a small piece of road for their demonstration - Kadler Avenue, South of 70th Street. CM Black motioned to authorized the City Engineer to work with the Finnish regarding using a portion of Kadler Avenue for their demonstration. Seconded by CM Ackerman. All in favor. Motion carried. Otsego City Council Meeting of May 8, 1995, cont'd. Page 5. 12.3 MSA Prograrl reimbursemelt for training information MSA has a training program Larry Koshak would like to attend. There is a fund set up for reimbursement from MnDOT. This will not affect Otsego's MSA Funds.(see attached) CM Fournier motioned to approve the Resolution Approving Mn/DOT Agreement allowing for reimbursement of tuition for technical certification. CM Heidner seconded. All in favor. Motion carried. 12.4 Any other Engineering Business • , , . - - The Council discussed this and would like to continue on with this. They directed DBF Boedigheimer and Engineer Koshak to work together on this and have a report prepared for the Council by July 10, 1995. Well Fence: Mr. Koshak has ordered the fence and is waiting for construction to start. Finishing Well Landscaping: Mr. Koshak reported the seeding will be done. 13. City Council Items: 1995. Public Works Sub -Committee: They did a site inspection on May 4, 85th Street ( 350 feet from OBrian East to ODean) street is deteriorating fast. Consideration should be given to having this street repaired at the same time as Mississippi Shores is being overlaid.JVlayor Freske said this is not in the budget. Mayor Freske requested costs numbers for this project. CM Black noted that a project for next year would be 85th Street from ODean to Page Avenue. A • - •i '•- • • • -. •. ing CM Black motioned to adopt the Public Works Recommendation for o Streets to be Quote from Astech, for $19,196. ( this amount excludes the sweeping). sealcoated are the following: In Country Ridge: Parrell Avenue, Palmgren Avenue, 83rd Street, 88th Street, 87th Street. Antelope Park: Ogren Place, Ogren Avenue, 92nd Circle, 91st Street, Ohland Avenue. Seconded by CM Fournier. All in favor. Motion carried. Discussion: Mayor Freske noted for the record the difference between Allied and Astech, Allied 3.89 and Astech is 3.88. flravel: The Council discussed the gravel quotes (attached) and the budgeted amount. CM Black motioned to accept Bauerly Brothers, Inc. quote for $31,500. Seconded by CM Fournier. All in favor. Motion carried. : Judy H. and Phyllis B. will get quotes for the Public Works Committee. MnRoad Contract: Judy H. will be doing the billing 60 h Street: Dave Chase questioned if he should mit the shingles experimental expenses wwill bereet, will be used as a detour street. Mr. Koshak explained that hes shared by Frankfort. CM Black referred this issue to Public Works Committee. Otsego City Council Meeting of May 8, 1995, cont'd. Page 6. • .•• •• .•• •...••• .. •a - Mr. Koshak discussed with the Council the importance of acquiring this property because the City doesn't have adequate ponding in this area. The Council questioned the purchase amount. Elaine Beatty informed them the City doesn't pay for it. The Special Assessment against this property was for our clean up bill, we will lose this amount. CM Fournier motioned to have the City acquire this tax forfeit re property, Lot by 1CM Block 1, Vassuers Oak Grove Estates, 3rd Addition, PID # 118-034-001010. Black. All in favor. Motion carried. Note: The City has priority over the Public for possession. •, •- el..- • i • • •1- • 1 ••• - CM Black motioned to adopt Ordinance No. 95-16 State Building Codes. Seconded by CM Ackerman. All in favor. Motion carried. •• '• -•• Is W. • •- • •• The Council discussed the attached proposal for Vending Machines and felt this was premature at this time. 13 • • ' • • - • ••• O. - • - • (see attached) CM Ackerman motioned to have staff prepare a Letter of Recommendation and a Letter stating the type of work performed for the City by David C. Lorenz. Seconded by CM Black. All in favor. Motion carried. • .• • •- • • •- Mayor Freske noted the letter received from Cheryl Adams defending her kennel against ,the recent complaint the City has received. Darlene Solberg asked for approved from the City Council for the on Parks Augtd1Recs.3, Co Tms i siison an have a Family Picnic held here at Otsego Prairie Park, City appreciation for volunteers. CM Heidner motioned to have the Park and Recs. Comini, in favor. a family caprriedheld here on August 13, 1995. Seconded by CM Ackerman. Clean Up Day: Mayor Freske thanked everyone for all their work on Clean Up Day. CM Black motioned to have Staff write a Letter of Appreciation to Brad Thompson, Sentence to Service, copy to Pat Sawatzke and Court Services vefe fior their le. Seconded by Mayor at Otsego's Clean Up Day and make sure a copy gets Freske. All in favor. Motion carried. Parks nd Recs.:. Suzanne we need volunteers for the Bike Rodeo on May 20, 1995 Darlene said they are also going to put in their park sites after theRodeo. Septic systems: Mayor Freske is working on this. Elaine Beatty wanted direction from the Council regarding Wright Hennepin Electric franchise. CM Black said the Public Utility Commission sets the territory. Council directed Elaine B. to write a letter. Regarding the meeting of May 10, 1995 o what he spokeht n about.Electric is having, the Council said to have Mr. McMillian send us an outline Otsego City Council Meeting of May 8, 1995, cont'd. Page 7. Fire Arms Committee: CM Heidner said there should be two more meetings. Ing Heidner. The dinance had requested name tags for the meetings. Judy H. will give some to the Fire Arms Committee is proposing is the one Dave Licht's Office previously proposed but they are making it more restrictive. The Ordinance should be ready for this Fall. 13.7 Pay any Bills CM Black motioned adoption of submitted Claims Approval Sheet. Seconded by CM Ackerman. All in favor. Motion carried. Phyllis Boedigheimer went over future process in that she will have the Claim Approval Sheets in the Council Packets. Mayor Freske welcomed Phyllis abroad. 13.8 Adjourn by 10 PM. Mayor Freske announced that himself and CM Heidner will not be at the next council meeting of May 22, 1995. CM Fournier motioned to adjourn. Seconded by CM Ackerman. All in favor. Motion carried. Meeting adjourned at 9:40 PM Mayo , rman F. Freske Ron Black, Councilmember Suzanne M. S. Ackerman, Councilmember City Seal y Hudson, Deputy Clerk ti ouncilmember Larry F Vern Heidner, Councilmember darkenwald, inc. Industrial and Commercial Real Estate RI AMR ®. 7535 N.E. River Road Elk River, Minnesota 55330 (612) 441-3700 April 25. 1995 Elaine Beatty, City Clerk City of Otsego 14297 NE 95th Street 55330 Elk River, Minnesota Re: Weather Emer&ency Siren DARKENWALD RIVERBEND COWAN Dear Ms. Beatty, d Park As representative for the homrewners in lweather emergency , we are presenting a petition in quest of a siren. The Riverbend Park rkncweconsider community consists of ber emergency approximately 600 people warning system a necessity to their safety. A number of years ago, Riverbend Park had its storm shelter Minn app roved by Wright County as a quality facility,for meetinmgltll requirements set by the State of facilities within a mobile/modular home park. We ask for your immediate attention of to this request, as the r spring will bring another season that without a siren, leaves our homeowners unprepared. Sincerely, Riv,erbend., Pa k.' 6:!4(../7)' Fern A. Ke�11y( Business Manager STV/ -3770 enc: copy of petition; 6 pages with 160 signatures. Bulow, Inc. P. O. Box 506 Elle River, MN 55330 (612) 441-2229 May 3, 1995 Otsego City Council, We request reconsideration of motion for PUD approval on the Bulow Estates plat. Under # 17 letter B. this is how it reads. Lot 2, Block 1 & Lot 3, Block 2 shall be allowed direct lot access and an alternative to Nashua venue only on an interim basis. At such time as easterly development occurs easterly street access is available, access to said lots from Nashua Avenue shall be prohibited. This is the small chan ewe would like to make. Lot 2, Block 1 & Lot 3, Block 2 shall be allowed direct lot access to Nashua Avenue only on an interim basis. At such time as easterly developmenZ00 urs andr Nashua becomes a tive easterly street access is available, and the ADT # reacheshu county road, access to said lots from Nashua Avenue shall be prohibited. at We have discussed with staff the driveway accesses on Nashua causes the safety Estatona es l I Bulow, Inc. is not against the driveways being taken away if believe the main question is how to word it correctly so that when a safety a s but thee best does arise the accesses can be taken away. This can be accomplished in many y Average Daily Traffic mformation(ADT). If the traffic exceeds a way, staff and I feel is by given ADT and the property to the East is developed providing an access, the driveways will be denied access to Nashua Avenue. We feel this is an exacting way to remove the driveways from Nashua at the time when the safety concerns are real. This would give us some comfort level when putting tar driveways in, costing a considerable amount, that we would not be tearing them up shortly after they were installed. Thank You for considering our request. Bulow;• Inc,, Chris Bulow FROM TO NORTHERN CON-AGG, INC. 19050 INDUSTRIAL BLVD. ELK RIVER, MINNESOTA 55330 (612) 441-1817, FAX (612) 441-2278 City of Otsego 13474 N.E. Minnesotaet56353 Elk River, - I - WE ARE PLEASED TO QUOTE.ON YOUR INQUIRY AS FOLLOWS: QUANTITY Approx. 9,000 QUOTED BY: DESCRIPTION Tons Class 5 Gravel Base Material. Minnesota State Sales Tax of 61% Delivery Charge Via Belly Dump Semis TOTAL AMOUNT OF QUOTE INQUIRY NO. 6 3 8 DATE Fe ru r 28 1995 TERMS Net 30 Days DELIVERY Via Belly Dump PRICES QUOTED ARE F.O.B Count Road 39 near Hwy 10 \and 4 Miles beyond. Material meets MnDOT Specs for Class 5 Gravel. Price includes loading, scaling, county gravel tax, plus sales tax & delivery. Lee A. Miller, Vice -President PRICE $2.04 Ton $1.46 Ton ACCEPTANCE OF QUOTATIONed. You The above prices, specificat'oandse and s outlinedons are abovesatisfactory and are hereby specified. Payment will be made AMOUN $18,360. 1,193 13,140 132,693 are authorized to do the we Bauerly Brothers, Inc. Quality Asphalt Paving TO: City of Otsego ATTN: Dave Chase FROM: Dan Ramer DATE: 4/19/95 TOTAL tt OF PAGES INCLUDING THE COVER SHEET 1 IF THERE ARE ANY PROBLEMS IN RECEIVING THIS TRANSMISSION, PLEASE CALL SENDER IMMEDIATELY. [ ] Original not mailed [ ] Original mailed REMARKS: HERE ARE THE NUMBERS YOU REQUESTED FOR THE CLASS # 5 DAVE, FROM BARSODY PIT. 9000 Ton @ $3.45 Furnish Cl. #5 gravel,load and haul $31,050. if $16,110. 9000 Ton @ $1.79 In Stockpile /i�� ALL PRICES ARE PER TON. ` 4787 Highway 23 NE Sauk Rapids, Minnesota 56379 Phone: (612) 251-9472 FAX: (612) 251-0011 ALLIED BLACKTOP COMPANY BITUMINOUS CONTRACTORS March 2, 1995 City of Otsego Dave Chase 8899 Nashau Avenue. Northeast Otsego, MN 55330 Dear Dave: ThankY ou for the opportunity to submit a quote on your 1995 sealcoat program. We respectfully submit the following: Company will pre -sweep 42,030 square yards of City streets including three Allied Blacktop p Y cul-de-sacs and 6,100 square yards at the City Hall parking lot. The CRS -2 liquid asphalt will be gallons .25per square yard with distributors equipped with computerized rate control, 16' shot at bars. The FA -2 Buckshot cover aggregate will be applied at 25 pounds per square with self-propelled chip spreaders, 16' width. The cover aggregate will then be rolled with eleven wheel pneumatic tire rollers. The City is responsible for thebut the pick up sweep ed we have submitted an alternate quote to provide one broom (no haul trucks) for Sealcoating As Specified: 48,130 s.y. .389 per s.y. $ 18,722.57 $ 1,500.00 $ 600.00 Add for Elgin Broom / Pick Up Sweep Add for Sealcoating City Hall Wity FA -2 Granite Allied recommends using FA -2 Granite instead of FA -2 buckshot in the City Hall parking lot. FA -2 granite tends to track less in tight turning situations. Thanks again for the consideration you have given Allied Blacktop Company. Sincerely, Avec,- .61/4)1 Daniel A. Smith 10503 89TH AVENUE NORTH, MAPLE GROVE, MINNESOTA FAX 2 5349P) PHONE (612-425-0575) 04,13.'95 13:19 $61= :53 '-=17 :.STECH ASPHALT SURFACE TECHNOLOGIES CONTRACTING CORP. PROPOSAL' Pao _1: of B95-14' P.C. MIX 1Q25 ST. CLOUD, MN 66302 612/253-9877 FAX: 612rr2S3-2217 PROPOSAL SUBMITTED TO CITY OF OTSEGO aTR EET 8t129 :NASHUA AVENUE NE CITY, STATE, ZIP CODE ELK RIVER MN 55330 PHONE 441-8137 DATE APRIL 13, 199: .108 NAME BITUMINOUS SEAL COAT J08 LOCATION CITY STREETS ARCHITECT 'DATE OF PLANS ATTN: DAVE CHASE FA.XiI 441-8823 ; JOB PHONE We Hereby submit ipecilicazions anti estimates for: 53,504 square yarns of Bituminous Seat Coating PRE SEAL Area to be seal coated is to be swept free of cirt and foreign materials by means of dust free. pick ui type sweepers. These sweepings are to be disposed of by this contractor. UOUID APPLICATION: Furnish and apply RC 800 0 CRS -2 E Liquid Asphalt a± a rase of .30 of a gallon pe square yard. AGGREGATE COVER: immediately fallowing liquid application. furnish arid apply FA -2 BUCKSHOT a rate of 30 pounds per square yard. ROLLING: Entire area shall be rolled with 11-wneei pneumatic tire Toilers. FINAL SWEEP: Approximately 14 to 35 days following seat coat application, excess aggregate is to De swept up and disposec of by this contractor. aggregates a * DEDUCT $2,400.00 IP CITY DOES Yft-v, a4. THE FINAL SWEEP IF PROPOSAL IS ACCEPTIM PLF.4RE SIGN AND RETUR!g on COPY TEANK YOU WE PROPOSE hereby to furnish material and labor—complete in accordance with above apecificatiors, for the sum of: 1_wkl,Tri ONE THOUSAND FIVE >fi NDR '+TIN.ETV. SIX DOLLARS AND—00 / 0 0dollars ($ 21,596.0' Feyme it to be made as follows UPON COMPLETION OF PROJECT All mleriai is gu rsit ct txt be as saecified. All work to ce ccmp.eted Ina A4inorizec woricmant.ke manner arrcro:ng to p.raG.cas. My atteration or cavizaton Signmure from abate speciffcat,ons involving esus costs will be exeCtes only upon written orders, and wi11 become an extra charge over anC above tine w_meie. All agreements contingent _port ,snkes. a=ueets, cr celays bayor_ our control. Owner to cant' fire, tornaao and ether necessary insurance Cur workers we fullyccvereC try Workmen's t; CrrpensZaon InsureeM NOTE TNs ptelitxwl may be 30 witherawn by us It not ea:eated with1n dayg ACCEPTANCE OF PROPOSAL