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06-23-99 CCCITY OF OTSEGO COUNCIL MEETING JUNE 23, 1999 - 6:30PM MINUTES 1. Mayor Larry Fournier will call meeting to order: Mayor Fournier called the meeting to order at 6:30PM. He noted one Council Member was missing and they would wait a few minutes to start. At 6:35PM the meeting started. a. Pledge of Allegiance Mayor Fournier led in the pledge of allegiance. b. Roll Call Council: Mayor Larry Fournier, Council Members Vern Heidner, Suzanne Ackerman, Virginia Wendel. Mark Berning, arrived at 6:35PM. Staff. Mike Robertson, City Administrator, Elaine Beatty, City Clerk/Zoning Adm., Larry Koshak, City Engineer, Dan Licht, City Planner and Andy MacArthur, City Attorney. Deputy Clerk/Treasurer Judy Hudson, absent 2. Consider agenda approval. (Deletions or additions) CM HEIDNER MOTIONED TO ADOPT THE AGENDA AS WRITTEN. CM ACKERMAN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consider Minutes: a. June 14 1999 Regular Council Meeting Minutes CM BERNING MOTIONED TO ADOPT THE MINUTES AS WRITTEN FOR .JUNE 14, 1998 REGULAR COUNCIL MEETING. VIRGINIA WENDEL SECONDED THE MOTION. MOTION CARRIED FOUR TO ZERO WITH CM HEIDNER ABSTAINING, DUE TO HIS ABSENCE AT THIS MEETING. b March 18 1999 Public Hearing on Street Overlay Project First Phase CM WENDEL MOTIONED TO ACCEPT THE MINUTES AS WRITTEN FOR MARCH 18, 1999 PUBLIC HEARING ON STREET OVERLAY PROJECT FIRST PHASE. MAYOR FOURNIER SECONDED THE MOTION. MOTION CARRIED FOUR TO ZERO WITH CM BERNING ABSTAINING DUE TO HIS ABSENCE AT THIS MEETING. 4. Open Forum: (5 minute limit) 4.1. Any_Open Forum Mr. Traut - Noted he has some questions on the Crimson Ponds development regarding Padgett entrance onto 85TH ST. Mayor Fournier informed him he could address this concern on the Planners agenda. 4A. Special Presentations 1 Steven R McDonald Abdo Abdo Eick and Meyers. Accountant (Audit overview) Steven R McDonald was present to discuss Otsego's annual audit. He explained his letter of May 20, 1999 ( See attached information). He stated that they commented about Internal control due to accounting functions being not adequately segregated. He CITY OF OTSEGO COUNCIL MEETING MINUTES OF JUNE 23, 1999 - 6:30PM - PAGE 2 - said this is a common statement because in cities with a small staff such as Otsego it is hard to segregate accounting duties. He noted that the audit found no disagreements or difficulties present. The Fund balance increased $87,000 over last audit. Revenue and expenditures are favorable. The Council should consider transferring the $150,000 municipal building fund excess funds. Island View fund should be closed and transferred to the debt service fund. Overall City is in good financial health. Mayor Fournier questioned why eliminate the building fund? Answer: Because bldg. is completed. Mike Robertson noted the Council intent was let this fund grow for future items. Mr. McDonald - It can be set aside and identified for future use, we would recommend that. Mike Robertson asked if we should be doing more designations for other funds? Answer: It should always be identified in a resolution if you have plans for funds. CM HEIDNER MOTIONED TO ACCEPT THE AUDIT OF CITY OF OTSEGO FOR THE YEAR END DECEMBER 31, 1999 BY ABDO, ABDO, EICK & MEYERS. CM WENDEL SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5 CONSENT AGENDA (Non -Controversial Itemsl 5 1 Approve Revised Resolution No 99-28 per bond counsel request attached 5.2. Approve Resolution calling for Bids on Odean Avenue NE Road Improvement Project. CM BERNING MOTIONED TO ADOPT THE CONSENT AGENDA. MAYOR FOURNIER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Dan Licht. City Planner: 6.1. Applicant Chris Bulow, Bulow, Inc P.O. Box 506 Elk River, MN for owners Donald and Phyllis Greninger 9383 Kadler Ave. NE. Otsego, MN PID 18-800-142402 in Section 14 Township 121, Range 24. Property is NE of Co Rd #39 and Kadler Ave NE and is approximately 82.46 acres total Request is as follows: Dan Licht presented NAC's planning report dated June 22, 1999. This is an 82 acre parcel Zoned A-1, General Agricultural. He explained the project. A concept approval for outlot B is being requested because the plans are inadequate for a development stage application. (see attached Report). Sideyard setback was discussed. P.C. had noted they would be comfortable reducing that sideyard setback. The golf course can be approved as part of the PUD/CUP approval. A Developers Agreement will be needed if the Council approves the final plat. The P.C. had voted 6-0 to deny and the primary objection was configuration of lots to the golf course. Dan Licht explained the Council's options and possible motions. Larry Koshak - We received the necessary preliminary plat, drainage plans, etc. from the applicant. Our concerns are in 3 -areas; buildability, traffic and drainage. Drainage is the most solvable issue. A turn lane and bypass lane on County Road #39 by CITY OF OTSEGO COUNCIL MEETING MINUTES OF JUNE 23, 1999 - b:30PM - PAGE 3 - the golf course intersection requires additional construction. Some lots will not support a standard septic system. He recommended that one lot be dropped so a standard septic system could be built on the remaining lots. Developer has proposed an alternative system for the septic. He just received this information and cannot make a recommendation at this time. Chris Bulow - Gave an overview of the project. He stated he would like approval or denial before going any further with the golf course or cluster development. A Plan for R -C development without the golf course was shown. He has 20 designs he has worked on over 10 months that the Council can review. Mayor Fournier - asked if this application is approved, is a bed & breakfast implied? Answer - No, you are approving the concept. Mayor Fournier- Asked Larry Koshak - This is not a well planned golf course. What does that mean? - Mr. Koshak answered, It is not an integrated golf course community. Residential development is segregated from the golf course. He also had concerns with the course layout. Hole #1 could have balls driven into County Road #39. Administrator Robertson said that a letter from Jay and Carol Swanson dated June 23, 1999 supporting the development was received and Marion Alexander 9580 95th street also called today in support of this project. CM Wendel - If not a golf course, what will be in the open space beside weeds? Mr. Licht explained there are no specifics. CM Wendel - Chris said he had 20 plans which the Council did not see. Dan Licht noted that several were shown to staff, but not provided to the Planning Commission or City Council. CM Berning - On the septic issue you said lots #'s 1,2 and 3 would have combined system. Chris Bulow - That is what we would propose, a combined treatment system. Larry Koshak said Lots 1, 2 and 3 have soil problems. #2 is not buildable. CM Berning - A sewage treatment facility for 3 lots, does that have a 20 yr. expectant life? Is there an alternative plan or an alternate site for a septic & treatment? The developer has not proposed anything said Mr. Koshak. We would need to come back to the Council with this issue. CM Berning - Recommended moving the setbacks closer from the sidelines. -15' is the same as the existing unsewered areas and should be sufficient. CM Ackerman questioned Chris Bulow - With houses and a golf course, are the houses the 1st phase and golf course 2nd phase? Mr. Bulow answered that the golf course will be started ASAP and he doesn't know when building permits will be pulled. He would like to start construction on the golf course as early as Monday. CM Ackerman would like the golf course first and houses done as the 2nd phase. With the golf course competed before any houses are built. CM Wendel - 20 years and maybe the septic not working. Will they have sewer and water in 20 years? Answer: no plans. CM Heidner - 99th St. cul -du -sac & driveway issue, are all the easements taken CITY OF OTSEGO COUNCIL MEETING MINUTES OF JUNE 23, 1999 - 6:30PM - PAGE 4 - care of? Chris Bulow - There is already an easement in there. CM Heidner - The east side of Kadler bike path needs to be moved back a ways. Chris Bulow - It doesn't matter to us. Once it is past our property, we would like to continue to 101st street. We can put it 4' off the road and the homeowners can maintain it. Mayor Fournier - Asked Chair Swenson, Chair of P.C. to speak. Chair Swenson noted that there were specific examples given for types of cluster housing and mechanisms for implementing them. Two things were discussed, large open spaces and a concern that houses be close together to promote a neighborhood. Mayor Fournier - Do you feel the P.C.'s reason to deny is the design of clusters? Chair Swenson - I can't speak for the P.C., but I believe that is correct. 12 or 8 houses in a row does not meet the cluster development. CM Heidner- agreed with that as the P.C. Liason. By meeting the ordinance requirements the developer is given bonus development rights. This is more of a unique piece of property. I think the P.C. wants a golf course, but they have a problem with the cluster design. I feel they would accept a lower number of units. A number between 8 and 20. CM Wendel - Commented on the Comprehensive Plan that it can be changed, it is not set in stone. Mr. Licht - If application is approved tonight, it is doubtful construction could start immediately on the golf course as there are more things needed. Chris Bulow - Could city issue a grading permit to start digging ponds upon preliminary plat approval? Mr. Robertson - Would recommend if approval is received, that a signed grading plan would be needed. Chris Bulow - We would move the dirt in the middle of the ponds. We can apply for a grading permit & go at our own risk. Andy MacArthur explained that there is no moving earth until the developers agreement is signed. Lynn Caswell, Developers Engineer - Felt the issues can be worked out in a short amount of time on the grading plan. It would be signed probably tomorrow. Andy MacArthur- Felt that this is a policy decision by the Council as to whether to allow grading without a development agreement. Chris Bulow - Noted he is willing to issue a letter of credit for improvements. He has an extremely tight timetable because of golf course. CM Ackerman - Asked Mr. Koshak how long will it take for his concerns? Answer: There are several issues; The septic tank, preliminary plat and the east side lots need to be addressed. Stormwater drainage impact needs review, and the Kadler Ave. issue needs to be tied down before action taken on the plat. CM Heidner - Traffic issues, overlay, and bikepath we have no information yet. CM Wendel - Motion can be under all these conditions. Dan Licht - Concern is those issues need to be resolved before construction. CM Heidner - The east side lots soil and the cluster bonus is the issue. I would like to amend the June 22nd memo to reduce the umber of lots from 20 to 17, with 3 -lots coming out of the east side where septic systems are a problem. Lots 1-12, Block 1 and Lots 1 - 5, Block 2 can remain. CITY OF OTSEGO COUNCIL MEETING MINUTES OF JUNE 23, 1999 - 6:30PM - PAGE 5 - Dan Licht - The Council can add a condition that block 2 be reduced to 5 -lots. Mayor Fournier - My preference is, this is our first cluster development. We should do it right. I prefer to send it back to the P.C. with some direction. Applicant prefers not to do that, so I can support taking action tonight. A. Rezone from A-1. General Agricultural to R -C, Residential Open Space Cluster District. CM WENDEL MOTIONED TO APPROVE THE ZONING ORDINANCE AMENDMENT TO REZONE GRENINS MISSISSIPPI HILLS FROM A-1 (GENERAL AGRICULTURAL) TO R -C (RURAL OPEN SPACE CLUSTER DISTRICT). CM ACKERMAN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. B. Concurrent Concept/Development Stage PUD -CUP to allow a privately owned commercial recreational use as required open space and establishment of proposed staggered setbacks for residential lots in an R -C District C. Preliminary Plat CM WENDEL MOTIONED TO APPROVE THE PRELIMINARY PLAT CONCEPT DEVELOPMENT STAGE PUD/CUP FOR LOTS 1 - 12, BLOCK 1, LOTS 1 - 5, BLOCK 2 AND OUTLOT A, CONCEPT PLAN PUD -CUP FOR OUTLOT B FOR GRENINGS MISSISSIPPI HILLS SUBJECT TO CONDITIONS OF NAC'S REPORT A - R. SUZANNE ACKERMAN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. CM WENDEL AMENDED THE MOTION TO ADD Q AND R CONDITIONS. CM WEN -DEL SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. CM Heidner - Q. Consensus was that the sidelot can be 15' setback if the lots are staggered. Mayor Fournier R. Add conditions that covenants be submitted to Council for approval. CM Heidner - M. Bike path off road on the east side of Kadler. N. Changed - The development of the bed and breakfast shall require an amendment to Section 20-77-5 of the Zoning Ordinance, subject to approval of city council. E. Changed to reflect Lots 1-5, block 2, not 1 - 8 block 2. CM WENDEL AND CM ACKERMAN AGREED TO THE ADDITIONAL CONDITIONS AND CHANGES. Discussion of grading plan and requirements acceptable to City Engineer and other conditions. Mr. MacArthur noted he would accept a hold harmless clause and proceed at his own risk language. And the letter of credit needs to be calculated. Mayor Fournier asked CM Heidner to share with the P.C. the reasons for the action taken on this application. CITY OF OTSEGO COUNCIL MEETING MINUTES OF JUNE 23, 1999 - 6:30PM - PAGE 6 - 6.2. Applicant/owner Dennis A Backes, Backes Companies, Inc. 7026 Brooklyn Boulevard. Brooklyn Center. MN 55429. The propgi is the former 120 acre Fabian Sadowski farm located S. of 85TH ST and NE of Page Ave. NE and Packard Ave NE. PID#'s 118-500-223200 and 118-500-272200 in Section 22, Twp. 121, R23 and Sec. 27, Twn 121, R23, Otsego, MN. All the property is zoned A-1, General Agricultural. Request is as follows: Dan Licht explained NAC's Planning report dated June 22, 1999. Larry Koshak - We recommend approval of the preliminary plat based on the information reviewed by Engineer. Applicant - Jeff Shopek - of Loucks & Assoc. noted that Jeremy Boots of his office and Applicant Dennis Backes are present and they are in agreement with staffs comments. Discussion of ofd setting the road to 85th street and it was shown on the overhead. (Move entrance over three lots to the west, go right between the lots). This would force traffic more on to Page Ave. Larry Koshak agreed that the new intersection is better for traffic. Carl Traut - Thanked the Mr. Backes and the Council for help with this issue on Padgett. Mr. Backes agreed to put together a landscape plan for the homes affected and submit it to the City. A. Rezone from A-1, General Agricultural Rural Service District to R-4, Residential - Urban Single Family District. (Note:P.C. voted to recommend aonroval of R-4 Rezoning on 5/17/99) CM BERNING MOTIONED TO REZONE CRIMSON PONDS FROM A-1 TO R-4 CM HEIDNER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. B. Subdivision - Preliminary Plat of Crimson Ponds. CM HEIDNER MOTIONED TO APPROVE THE PRELIMINARY PLAT OF CRIMSON PONDS, SUBJECT TO THE CONDITIONS LISTED IN NAC'S REPORT, THE ENGINEERS COMMENTS, AND SHOW PADGETT BEING MOVED IN THE PLAT AND ADD CONDITION H. SUBJECT TO ENGINEERS APPROVAL. ALSO, PROVIDE A LANDSCAPE PLAN FOR TREES IN YARDS IF THE RESIDENTS WANT THEM. CM BERNING SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. H. An EAW is prepared and processed in accordance with Section 39 of the Zoning Ordinance, if determined to be necessary by the City Engineer. 6.3. Any Other Planning Business Dan Licht updated the Council on the Wild and Scenic Ordinance and the fact that the City of Elk River amended their Wild and Scenic Ordinance and it was OK'd by the DNR. 7. Larry Koshak, City Engineer: CITY OF OTSEGO COUNCIL MEETING MINUTES OF JUNE 23, 1999 - 6:30PM - PAGE 8 - MOTION BY CM ACKERMAN TO ADJOURN. CM WENDEL SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. MEETING ADJOURNED AT 10:10PM. CITY OF OTSEGO: /117 ARRYURNIER, MAYOR ATTEST: eb M E: CC62399.WPS