07-26-99 CCCITY OF OTSEGO
WRIGHT COUNTY, MINNESOTA
CITY COUNCIL MEETING
6:30 PM
COUNCIL CHAMBERS
OTSEGO CITY HALL
JULY 26, 1999
1. Mayor Larry Fournier will call meeting to order:
Mayor Fournier called the City Council Meeting to order at 6:30 PM.
Mayor Fournier led in the Pledge of Allegiance.
b. Roll Call_ Mayor Larry Fournier; Councilmembers: Virginia Wendel, Vern
Heidner, Mark Berning, Suzanne Ackerman.
Staff. Mike Robertson, City Administrator; Elaine Beatty, City Clerk/Zoning
Administrator; Judy Hudson, Deputy City Clerk; Dan Licht, City Planner; Larry Koshak,
City Engineer; Ron Wagner, Assistant City Engineer; Andrew MacArthur, City Attorney.
2. Consider agenda ap rp oval.
CM Wendel requested to add under Item 9. Updates on Post Office and Community Rec.
Mike Robertson requested to add under Item 9. Review petition for sewer hookup from
Ed Lefebvre. Review Change Orders for sewer plant. Review request for permission to
start grading in Crimson Ponds. Mayor Fournier requested to add under Item 8. to set a
workshop to discuss a possible sewer franchise.
CM Berning motioned to approve the July 26, 1999 City Council Agenda as
amended. Seconded by CM Wendel. All in favor. Motion carried.
3. Consider Minutes:
a. July 12, 1999 Regular Council Meeting Minutes.
CM Heidner motioned to adopt the minutes. Seconded by CM Wendel. All in
favor. Motion carried.
4. Open Forum:
4.1. Any Own Forum_
Cheri Anderson, resident from Autumn Woods Addition, requested to be the
spokesperson for her neighborhood regarding the Jeff Ophoven development. Mayor
Fournier informed her he will allow her time to address the Council under Item 6.1.
4.A. Special Presentations,
4A1. Jeff Bartheld, Chair of Otsego Parks and Recreation Commission -
Discussion and review of imposed Prairie Park shelter.
Mr. Bartheld did not attend the meeting.
4A_2. Discussion of imposed Park Projects.
City Council Meeting of July 26, 1999, cont'd. Page 2.
5. Consent Agenda_
5.1. Ap�rov . Resolution congr ulati g Charlie Rn by,
CM Berning motioned adoption of the Consent Agenda. Seconded by CM
Ackerman. All in favor. Motion carried.
6_ Dan Licht. City Planner:
6.1. Continued from 7-12-99 Agenda, Consider Jeff Ophoven. JKO LLC.
19315 Co. R#30. Corcoran MN 55340 Owner is Shirley A. Peterson 486 Upland Ave
NW Elk River MN 55330 PID 118-155-001010 and 118-155-001020 in S2 T120. R23
Lots 1 and 2. Block 1. Autumn Woods Commercial_ Queens Ave NE east of State Hwy_
101. N. of Co. Rd #36 and S of MacAlpine Well Co. Currently zoned B-3.
Dan Licht stated a site inspection was done by City Council, staff and residents. A revised
site plan has been received from the applicant. Mr. Licht reviewed and recommended
approval of the revised site plan contingent upon receiving a landscaping plan. Larry
Koshak, City Engineer, reviewed the drainage. He said he would support the revised site
plan if more technical details could be worked out. Jeff Ophoven, JKO Holdings, stated
he will work with the City Engineer and the appropriate drawings will be submitted. Cheri
Anderson: 5571 Quilley Ave, representing the Quilley Avenue residents. She presented
concerns of the retaining walls, trees being cut, drainage, and presented a different site
plan as recommended by the neighborhood.
After Council discussion with staff and applicant, they made the following motions:
A. Rezonedproperty form B-3, General Business District to I-3, Industrial
District,
CM Berning motioned to rezone from B-3, General Business District to I-3,
Industrial District. Seconded by CM Ackerman. All in favor. Motion carried.
B. Variance to allow a holding tank septic system.
CM Heidner motioned for approval of a variance from the Otsego Septic Ordinance
to allow temporary use of holding tanks as a sewage disposal system for an
industrial warehouse office use. Seconded by CM Ackerman. All in favor. Motion
carried.
C. Site and Building Plan Review.
CM Wendel motioned to approve the preliminary/final plat entitled "Autumn
Woods Commercial Second Addition" and the revised site and building plan review
for development of a industrial manufacturing/warehouse/office use subject to the
conditions listed in the Findings of Fact and also subject to City Staff reviewing the
Landscaping Plan and Item 6. Seconded by CM Ackerman.
Voting For the Motion: Mayor Fournier, CM Heidner, CM Wendel, CM
Ackerman.
Voting Against the Motion: CM Berning stating he prefers Site Plan #1 which Mr.
Ophoven previously submitted.
Motion carried four (4) to one (1).
City Council Meeting of July 26, 1999, cont'd. Page 3.
FA
1)
Dan Licht presented the Planner's Report. Larry Koshak questioned the narrow parcel of
land that lies between this development and the school. Andy MacArthur said this needs
to be resolved with the owner. Scott Jansen, Arcon, stated they are in agreement and
comfortable with the Planning Commission recommendation.
A Rezone from A-1 General Agricultural Rural Service District to R4
-o
Residential Urban Single Family District and R6 Residential Townhouse. Quadraminimum
and Low Density Multiple Family District.
CM Heidner motioned to approve the north 80 acres be rezoned from A-1,
Agricultural - Rural Service Area to R-4, Residential - Urban Single Family District.
Seconded by CM Wendel All in favor. Motion carried.
B. A PUD -CUP to allow flexibility from the front setback standards to
establish varied setback versus the standard 35 ft setback from the right-of-way
C.
ight-ofwayC. Preliminary Plat of "Pheasant Ridge."
CM Wendel motioned to approve a Planned Unit Development -Conditional Use
Permit and Preliminary Plat entitled "Pheasant Ridge" consisting of 178 single
family lots on the property of 80 acres subject to the conditions listed in the Findings
of Fact. Seconded by Mayor Fournier. All in favor. Motion carried.
6.3. Consider applicant Gilberto Valdez, 6839 Northwest River Road. Elk
River MN 55330. Owner of record is David Boggs. Midwest Station II. PO Box 10.
Rogers MN _55374. PID 118-500-362200 in S36 T121 R23, Legal description is Gov. L2
Ex 3.5 acres to Bouley.Ex nart to 10031 A Des in Book 215-308 Ex Tr this is on River
Road (County Road 4421 east of State Hwy 101 is property is zoned A-1 General Ag.
Request is as follows:
Dan Licht presented the Planner's Report.
A Conditional Use Permit Amendment to allow a mobile home/farm use to be
upgraded and continued.
CM Heidner motioned to approve the Conditional Use Permit Amendment to allow
a mobile home as a farm accessory use subject to the conditions listed in the
Findings of Fact. Seconded by CM Ackerman. All in favor. Motion carried.
6.4. Consider applicant James R Lefebvre and owner Rita B Lefebvre. 152-34
70th St NE. Otsego MN 555330 PID l 18-500-273404. Legal description is S27. T121.
R23. latte I land the E 26 & 2/3 acres of the S 2.3 of the w 3/4 of the SW except TR"
DFS in BK 187-282 Exc. Tr. Des in BK T2570541 Exc. Tr. Des in Bk 257-43, CO of
Wright State of MN Property is zoned A -L General Agricultural and located NE of
Packard Avenue and 70th St. NE. ReQuest is for the following,:
City Council Meeting of July 26, 1999, cont'd. Page 4.
Dan Licht presented his Planner's Report.
Jim Lefebvre stated his only comment is on Condition #3. He feels this would be an
additional cost to the new owner and hookup to water and sewer should not be necessary
until the current septic system fails. CM Heidner suggested to change Condition 3 that it
will only be stubbed in but not hooked up.
A. Two ()1 variances from Zoning and Subdivision Ordinances for less than
minimum lot width in the A-1 (General Agricultural DistrLL
CM Heidner motioned to approve the variance to allow subdivision of the property
establishing a lot without minimum lot frontage to a public street subject to the
three conditions listed the NAC Memo of July 22, 1999 changing Condition 3 to
state the existing residential dwelling shall be required to have municipal sewer and
water stubs provided by developer. Seconded by Mayor Fournier. All in favor.
Motion carried.
B. A CUP to allow access not directly to a public street.
CM Heidner motioned to approve the Conditional Use Permit to access to the
property other than directly from a public street subject to the conditions listed in
the NAC Memo of July 22, 1999 changing Condition 3 as stated in the previous
motion. Seconded by CM Ackerman. All in favor. Motion carried.
6.5. Any other Planning Business.
None
7. Lary; Koshak, CityEngineer:
7.1 Approve awarding the bid for Odean Avenue Project S.P. No 217-105-02.
MN Project STPX8600 1,121.
The Council requested a update from Mike Robertson on the project costs and
reimbursements from Federal, MSA and assessments.
CM Wendel motioned to authorize the City Administrator to sign the Certificate
recommending to MN/DOT to award the Odean Avenue Project to Bauerly Bros. in
the amount of $1,608,702.39. Seconded by Mayor Fournier. All in favor. Motion
carried.
7.2. Consider ordering the City Engineer to spare Plans and Specs, for Bid
for the 78th St. and Page Avenue ejects.
CM Wendel motioned to adopt Resolution 99-34 ordering Improvement and
Preparation of Plans for Quaday Avenue, 78th Street and Page Avenue. Seconded
by CM Heidner. All in favor. Motion carried.
Mayor Fournier motioned to adopt Resolution 99-35 approving Plans and
Specifications and Ordering advertisement of Bids for Quaday Avenue, 78th Street
and Page Avenue. Seconded by CM Ackerman. All in favor. Motion carried.
7.3. Consideran rtial payment #2 for Barbarossa and Sons.
CM Wendel motioned to approve partial payment #2 for Barbarossa & Sons on the
Trunk Sewer and Water Project, in the amount of $258,399.76. Seconded by Mayor
Fournier. All in favor. Motion carried.
City Council Meeting of July 26, 1999, cont'd. Page 5.
7.4. Any other Engineering Business_
7.4.A. Change Order #1 for $7,229.00 increase Meter change for
Wastewater Treatment Plant.
Change Order #2 for no price change for electrical on Control
Building.
Change Order #3 for $2,035.00 decease Water supply changes on
Wastewater Treatment Facility.
Ted Field, Project Engineer, recommends approval.
CM Heidner motioned to approve change orders. Seconded by Mayor Fournier.
All in favor. Motion carried.
7A.B. Crimson Ponds request to begin grading.
The City Attorney has drafted an Agreement in which the developer acknowledges they
are proceeding with grading at their own risk.
The Council agreed to let the developer go ahead with the grading after the Agreement is
signed and a letter of credit is provided.
8_ Andrew MacArthur,City Attorney
8.1. Consider petition fors ewer connection by Jon Zachman. 8384 Parrish Ave
.NF.
The Council requested cost estimates for hookups for the next Council meeting. The
Council confirmed that City policy is that petitioners must hookup to both water and
sewer.
8.2. Any other Legal Business -
Mayor
u�siness_
Mayor Fournier set August 5, 1999, 6 PM, for a Closed City Council Meeting for the
purpose of discussing a sewer franchise.
9. Council Items:
9 1 A C'nncirlar Wriaht-Wonnanin nrnnncal rnnrernina Water CPrvirP
iui g (cont_ from last ag .ne aa)
Mike stated he will be meeting with Wright -Hennepin next week on this issue.
B. Any other Council Business.
CM Wendel distributed copies of the letters she recently received from Congressman
Minge responding to her request for a Post Office for Otsego.
Community Rec. Update.
CM Wendel gave a brief update on Community Rec. stating that the City of Elk River
doesn't want Community Rec. to combine with Community Education and that Elk River
and the City of Rogers want to expand Community Rec. offerings.
No additional items.
• n' pd.
No updates.
9-4. Judy Hudson, Deputy City Clerk - uVdate.
No updates.
City Council Meeting of July 26, 1999, cont'd. Page 6.
9.5_ Consider Claims List for approval_
CM Ackerman motioned to accept the Claims List as presented. Seconded by
Mayor Fournier. All in favor. Motion carried.
9.6. Adjourn by 10 PM.
CM Ackerman reported the Heritage Commission asked about the progress of the
scanner. Mike will follow though on this. They are also waiting for quotes for redoing
the Old City Hall roof and painting it.
CM Berning reported that the Parks Commission has requested to have a Park Shelter
with a tin roof 30 ft by 60 ft. but they have been told it needs to be a stick built structure.
The Parks Commission has requested City Staff to design the building, take bids and
locate a site.
CM Heidner stated he doesn't object to pole construction but suggested two buildings
rather than one large one.
CM Berning motioned to direct staff to recommend the type of Park Shelter, the
construction type, site plan and the process. Seconded by Mayor Fournier. All in
favor. Motion carried.
Another issue was Parks Commission having an Engineer attend their meetings. Mike had
a list of projects the Parks Commission feel they need assistance with which appears to be
more planning items than engineering. Dan Licht said he estimated $500 to $700 to finish
the Trail Plan. CM Heidner said the Planning Commission and Parks Commission should
work together on this plan. Mayor Fournier requested this item be placed on the next City
Council Agenda.
Mayor Fournier reported the Public Works Sub -committee met and discussed grading
roads where dust control has been applied. The sub -committee recommended no grading
until absolutely necessary.
Mayor Fournier motioned to adjourn. Seconded by CM Ackerman. All in favor.
Motion carried. Meeting adjourned at 10:29 PM.
F
Beatty, City
Recorded by: Judy Hudson, Deputy
City Seal