Osseo allows temporary cemetery access

The Osseo City Council approved a grading permit for St. Vincent de Paul Catholic Church’s cemetery, during its Monday, Aug. 27 meeting.

The council also considered a conditional use permit (CUP) for Prospect Auto Sales and amendments to the ordinance of administrative penalty provisions and compliance checks.

Here are some of the meeting’s highlights.



The council unanimously approved a grading permit for the cemetery of St. Vincent de Paul Catholic Church, with noted comments/suggestions from the city engineering firm, Bolton and Menk, and the West Mississippi Watershed Management Commission.

St. Vincent’s submitted a grading permit to the city to allow access to the cemetery during the April/May 2013 construction of the new interchange at Highway 169 and County Road 30. During the construction, current main access to the cemetery from County Road 30 will be lost.

The church requested the city open access to the cemetery at Ninth Avenue N.E. This access would then move north/northwest until reaching the cemetery gates at the south end. Grading this road would allow vehicles to enter and exit the cemetery.

City Engineer Marcus Thomas with Bolton and Menk reviewed the application and suggested several changes. The first change would be to adjust an outlet pipe from the pond. The second change would be the proposed slope of the pipe should match the design slope of the existing ditch. The final change would be an erosion control blanket should be installed on the slopes of the open ditch that is being regarded.

The West Mississippi Watershed Management Commission suggested the applicant raise by at least 0.5 feet, the infiltration basin outlet invert to provide adequate storage.

David Suman, chairperson of St. Vincent’s Facilities Committee, told the council the church was asking for the grading permission for three reasons. They are: allow access to the cemetery during construction, grade the undeveloped portion of the cemetery for future use and to seed the area this fall for turf next spring.

Councilor Rick Weber said, “I think is would be a great idea for them to start this fall, especially being able to seed it and get it in shape for the spring. It would keep the dust down.”

Mayor Al Lindquist asked, “After the construction period, is there some concern that the traffic that gets used to coming in on just south of the elementary school and uses that entrance? Your plan is to revert back to the County Road 30 entrance when the construction is complete.”

Suman said that was correct. He added there would be a gate put up at the end of the developed area to keep people from trying to cut through.

Once construction on the intersection is complete, there will be a stop light on County Road 30 that will lead to a private driveway to the main access to the cemetery.



Also during the meeting, the council considered a CUP from Prospect Auto Sales that would allow the business to expand to the 219 County Road 81 property. This CUP would also allow for continued sales and service of automobiles.

The property in question is currently owned by Modern Trailer Sales and Service, but Prospect has entered into a purchase agreement to buy the property.

Prospect’s current lease at 301 County Road 81 is up on Sept. 30. After this, the applicant plans to relocate to 219 County Road 81 and begin business there.

City staff said the intent and potential conditional uses of the zoning of the area finds the proposed use is allowable through a CUP.

City Administrator Douglas Reeder wondered how the existing CUP on the property in question could be ended.

City Attorney Loren Magsam stated the only way to end a CUP is either if the current user was failing to obey the conditions or by a period of no use for a year. He added the CUP belongs with the property, not the property owner.

“There was a moratorium in automobile sales in the city of Osseo for a while,” Mayor Lindquist said. “It applied to the Central Business District. Did it not apply the County Road 81 location also, or has that moratorium timed out?”

“My understand is that moratorium ended in 2011 or 2010 and it did not apply to County Road 81,” Reeder said.

The council voted 4 to 1 to approve the CUP application by Prospect Auto Sales at 219 County Road 81, subject to four conditions. Councilor Allan Hartkopf voted against.




The council also heard from Attorney Magsam regarding several amendments to the city’s ordinance dealing with administrative penalty provisions and compliance checks regarding the liquor licenses.

He said these amendments were on recommendation of the Osseo Police Department.

The first amendments make the penalty provisions of the ordinance consistent internally. The second amendment would add language clarifying that the licensee is responsible for the action of an employee and can be fined or have the license suspended for a violation of the ordinance. The final amendment provides further explanation of the compliance checks conducted by the Police Department.

Councilor Mark Schulz wondered why there was the language “may” and then “shall.” He asked, “Is that just to create additional latitude regarding enforcement?”

Magsam said, “The council may take those actions against the license, suspend or revoke… Certainly the council has ultimate discretion as to whether they will impose these penalties.”

The approved the first reading of the proposed amendments of the city ordinance regarding administrative penalty provisions and compliance checks.



In other action, the council:

APPROVED an amendment to the ordinance regarding pawnbroker and second-hand goods dealers hours of operation. These businesses will now be able to remain open on Sundays during normal business hours if they so chose.

APPROVED agreement with the Mary Patrice Development, subject to three conditions.

APPROVED the appointment of Travis Anderson as a firefighter with the Osseo Fire Department. The background check was completed.