07-10-00 CCCITY OF OTSEGO COUNCIL MEETING
JULY 10, 20000 - 6:30PM
NILY[JTES
File: CC-v17100.WPS
1. Mavor Larry Fournier will call meeting to order:
Mavor Fournier called the meeting to order at 6:30PM
a. Roil Call:
Council:
Mayor Larry Fournier, CXI Vern Heidner, CM Suzanne Ackerman, CM Wendel.
Staff.
Nlichael Robertson, City Administrator, Elaine Beatty, City Clerk/Zoning Administrator,
Judy Hudson, Deputy Clerk/Treasurer was absent. Larry Koshak, City Engineer, Ron
Wagner, Asst. City Engineer, Dan Licht, City Planner. Andrew MacArthur, City Attorney
was absent.
b. Pledge of allegiance
Mayor Fournier led in the Pledge.
C. Appoint a Council Person
Mayor Fournier motioned to appoint Richard Nichols to fill six months left of CNI
Bernings term on City Council. CM Heidner seconded the motion. Motion carried
unanimously.
Discussion:
Mayor Fournier noted that IN r. Nichols has served four years on the EDAAC and
four years on the P.C. as Vice Chair. CM Heidner noted that he served on the original
EDAAC with Mr. Nichols who ran for a Council seat in 1996 and obtained third highest
vote behind Mark Berning and Virginia Wendel.
2. Consider agenda approval(Deletions or additions)
1. CM Ackerman added 9.A. Appoint Tom Koerwitz to the EDAAC.
2. Mike Robertson added 9.A.1. Reschedule meeting with Albertville
3. Larry Koshak added 7.4. A.3. Change order for 1999 Overlay Project,
extending time of project.
CNI Heidner motioned to adopt the Agenda as amended. CM Wendel seconded the
motion. Motion carried unanimously.
3. Consider Minutes:
a. June 26th, 2000 Regular Council Meeting Minutes.
CM Heidner noted that on Page #3, 6.2. to add discussion on two exits from the
new development of Stonegate Estates to 85th street.
CM Wendel Motioned and CM Ackerman seconded the motion to adopt the Council
Minutes of June 26, 2000 as amended. Motion carried unanimously.
d. Open Forum: (5 minute limit)
1. Anv Open Forum
Miles Zoroka, 8840 Odell Ave. NNE, by Halls Pond (14 Acre pond). He asked the
City Engineer about Halls Pond. He said the pond is more shallow now than ten years ago.
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He wonders if there is still enough storage fot the 100 year flood. Mr. Koshak informed
him that the DNR has set the elevation at the ordinary high water level. Mr. Koshak also
noted that the new ponds on 85TH ST were done to relieve Halls Pond. He noted that
there is also a very large new regional pond in the Heritage Hills Development and feels
confident that the City has done an adequate job protecting the area
In answer to Mr. Zoroka's question about dredging the pond while it is low, Mr.
Robertson explained that the City would have to apply for a DNR Permit and that could
take several months. We can look at dredging the pond, but the cost would probably be
special assessed. The Council asked the City Engineer to look at the pond.
4.A. Special Presentation:
1 LeRoy Lindenfelser - Discussion of City of Otsego joining the I-94 West
Chamber of Commerce.
Kathleen Poate, Executive Director of I-94 West Chamber was present. She
explained that they would like Otsego to be a member of the Chamber. The EDAAC has
recommended that Otsego joins this Chamber. The Chamber will forward requests to
Otsego about businesses and available buildings. They get 10 to 15 calls per day regarding
these communities. Her job is to help people in all five cities.
Mayor Fournier liked the name change to be more inclusive and felt that the dues
are reasonable 5165.00 per year. Ms. Poate discussed the information given to new
businesses.
CM Heid ner motioned and CM Ackerman seconded the motion that Otsego join the
I-94 West Chamber of Commerce with the fees of 5165.00 a year. Motion carried
unanimously.
2 Eileen Kvarnlov, 16580 58th Street - Request for "No Jake Breaks" sign on
State Hiahwav 101 and Countv Road 36 intersection
A.Is. Kvarnlov was not present. Mike Robertson explained his memo of
7/7,2000. After discussion, Mike Robertson was directed to send a letter to the State
requesting a report on the intersection.
5. CONSENT AGENDA (bion -Controversial Items)
No agenda items
6. Dan Licht, City Planner:
6.1. Consider Final Plat of Pheasant Ridge 2ND Addition for ARCON
Development, Inc.
Dan Licht reviewed his report dated June 20, 2000. Staff recommends approval of
Pheasant Ridge 2nd Addition subject to conditions #1-5.
CNI I `Vendel questioned if the 1st addition is built? Answer: Every lot in the 1st
addition is sold. No houses are finished yet, 15 homes are under construction of 39 lots
total in the 1st addition.
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CM Heidner motioned to adopt the Final Plat of Pheasant Ridge 2nd Addition
subject to the sit conditions on the report dated June 20, 2000. CM Wendel
seconded the motion. Motion carried unanimously.
Discussion:
:Mayor Fournier would like the Findings of Fact to read Park and "Trail" fees.
CIM Wendel asked if there is a trail going to the school. Answer: Yes, from the
next set of lots to the North.
6.2. Consider Application for Owner/Applicant Christ Lutheran Church
15849 NE 90TH ST, Elk Ri,.-er, X N. 55330. PID #118-059-001011 in
Section 22, Township 121, Range 23, ivIRD Christ Lutheran Addition,
Block 1, and the Nest 356.15 Ft. of Lot 1, Block 1. South of Co. Rd. #39 and
West of State Highway #101. Request is as follows:
A. A Conditional Use Permit to allow pre -finished metal
siding on greater than 50% of the exterior wall finish
Dan Licht explained his memo dated July 5, 2000 re: the CUP Re: Building
Materials. Mr. Licht noted that CM Heidner requested more information as part of the
P.C. Meeting. The P.C. requested additional information regarding fade resistance and
they recommended approval 5 to 1.
Kerry Lyons of Vanman Companies was unable to get information regarding fade
resistance. He said darker colors fade faster and the church siding will be putty color. The
lifetime warranty is defined as 50 years, pro -rated after the 10th year.
Mayor Fournier questioned if the steel siding withstands wind well. Answer:
Aluminum siding is more susceptible to wind than steel siding. Discussion of standards
and what other buildings in the area are made of.
Mayor Fournier asked Mr. Licht if we approve this request is it a precedent for the
Commercial area? Answer: Flexibility is allowed by the CUP. The policy issue is being
discussed as to if the ordinance needs to be changed.Mike Robertson has talked with the
City Attorney and he determined that this would not be a precedent.
CM Wendel motioned to approve the CLP to allow the use of metal siding for more
than 50% of any one wall for Christ Lutheran Church expansion. Richard Nichols
seconded the motion. Motion carried unanimously.
Disc
CM Heidner asked if this gives Christ Lutheran Church permission to upgrade the
rest of the wood on the existing building? Answer: Yes
CM Nichols asked if the Council is going to direct 11v1r. Licht and the P.C. to look at
the zoning ordinance to see what we need to do to fum up the ordinance? CM Heidner
noted that the Council has directed the P.C. to look at this.
6.3. Consider Applicationfor Owner/Applicant Brenton J. Kent .J. K. Secure
Storage, LLC, PO Box 151, St. Cloud, iviinnesota 56302. This is
currently PID #118-132-002030 Lot 3, Block 2, Otsego Industrial Park (to
CIT'1' OF OTSEGO COUNCIL MEETING MIr-UTES OF 7/10/2000 6:30PM
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be replatted as Lot 2, Block 1, Otsego Industrial Park =4TH Addition) In Sec.34, Twp.
121, R. 24. Request is as follows:
A. Site and Building Plan Review
(of Secured, Self -Mini Storage Units).
Dan Licht reviewed the Planning Report of July 5, 2000. The sign exceeds limits
and needs to be setback. Future space for a drainfield is recommended. The P.C.
recommended approval 6 to 0. 'Mr. Koshak agreed with tile. Licht that a septic site should
be left for future.
Brenton Kent noted that the site today is not being designed to accommodate septic
or water. This site is for storage only. In the future the people buying the site would have
to take the site at face value. He has researched this extensively and feels it is unnecessary
to address the sewage issue. Regarding parking, seldom are there people at the storage
area. They visit once a month or once a year. Parking is unnecessary. The gate will be
modified. He is asking for 10' setback for the gate from the Council.
CSI Wendel asked, will there be landscaping? 1�Ir. Kent said they are
encompassing the area with decorative ornamental fencing. The intent is to make the
facility look nice.
CM Heidner thought the last mini -storage building site should be reserved for septic
site. Mr. Koshak said the other way to handle this is with a holding tank or two and
location for a well. The holding tank can be covered by the parking lot. 1\/Ir. Lichts'
concern with septic and well is for the long term property use. CM Nichols said if the
space for holding tank is paved over, you have not lost the space. Mr. Licht noted that a
septic needs undisturbed area and holding tanks are not allowed without Council approval.
CM Heidner said modify condition No. 8 to ""onsite" septic holding tank, subject
to review and approval of the City Engineer. (Verify where it would be placed).
CM Heidner motioned to approve the requested site and building plans with the
current plan for Secured, Self -Mini Storage Units for Brenton J. Kent, J. K. Secure
Storage with 9 -conditions and condition No. 8 modified to include on-site holding
tank and including the 15' setback on condition No. 1 and 20' high gate. Mayor
Fournier seconded the motion. Motion carried unanimously.
CM Wendel asked if the potential location for holding tank is included. Answer:
Yes.
CSI Nichols questioned if a 2=l' gate is recommended on the report? Mr. Koshak
said no, that the width of the driveway is 21' unless it is approved by the City Engineer.
CM Heidner felt this development is an asset to our community and it looks good.
6.4. Consider Final Plat of Crimson Ponds 3RD Addition for Backes
Companies
Dan Licht explained his memo and said the only issue is when Page Avenue
construction will be completed. He recommends approval with the 4 conditions on Page 2
of the report. '2\Ir. Koshak said the grading is done and they are all set to go. Dennis
Backes said that the Sadowski outbuildings will be torn down one year from now. If need
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to be removed sooner, they can be. %1r. Ko'shak said we will probably want to hold off as
long as possible from constructing Page Avenue through to 85th street. One option is
rough grade for access and put in class 5 for an emergency. Mike Robertson said with the
street access fees from Pheasant Ridge and Crimson Ponds, there is enough money to
grade and gravel. CM Heidner questioned if we could pave across Page Ave at 81st St
temporarily?
Motion by CM Wendel to approve Crimson Ponds 3rd Addition Final Plat with the 4
conditions on Page #2 of the planning report. CII Heidner seconded the motion.
Motion carried unanimously.
fees. Mayor Fournier requested to add "Trails" into the conditions Re: Park and "Trails"
6.5. Consider Planning Commission Recommendation for Residential Sewer
Capacity.
Dan Licht explained his memo dated July 5, 2000 Re: Comp Plan; Residential
Sewer Capacity. He noted that the sewer plant's residential capacity of 448 units has been
reached. The City could limit additional developments except for Commercial and
Industrial developments. The other option is to move ahead with the plant expansion.
The third option is use the available capacity and emphasize 400,000 gallon capacity as the
absolute maximum.
Mayor Fournier questioned when the City of Dayton can request further capacity?
Nfike Robertson noted that either City can expand the sewer plant, but Dayton cannot own
more than 490,,0 of the plant.
Mayor Fournier said the resolution says this is our intent to expand. Does it
obligate us to expand? Mr. Licht said at some point in time it would obligate you.
CM Heidner motioned to adopt the Resolution No. 2000-13, A Resolution
Providing Definition of the City- of Otsego's Growth Management Policy for Residential
Development as Outlined by the 1998 Comprehensive Plan Update. This would provide
for the 400,000 GPD Wastewater Treatment Plant Capacity. CM Ackerman seconded the
motion. Motion carried unanimously.
6.6. Any Other Plannina Business
There was none.
7. Larry Kosha •_ City Engineer:
7.1. Consider Acceptance of Feasibility Study of Slabtown Sewer & Nater
and set a Public Improvement Hearing date
Bruce MacAlpine, Earl Schulenberg and Mr. and Mrs. Grupa from the slabtown
of Otsego were present. Mike Robertson explained his memo on the proposed asessments.
Dayton is starting the project as of Wednesday July 5, 2000.
Earl Schulenberg, 6276 Rawlings Avenue NE. He understood that they are in on
the grant obtained by Dayton. Asked why the difference in the assessed amount. Mike
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Robertson - Dayton assesses 509•6 street costs. Otsego assesses 1009,o. The sanitary sewer
access charge is the other difference. The other costs are the same. The grant money was
for the sewer trunk running to the plant. A 24' rather than a 30' road was also discussed.
CM Heidner explained that the Dayton grant helps pay for the plant. $43, 860.00 is
the benefit to Otsego residents from the State grant.
Rick Grupa - 6201 Richardson Avenue - I am saving Dayton S5 to $10,000.00 by
allowing them to run sewer through my property.
Bruce Mac.=alpine, 6169 Richardson Avenue - Otsego says that you do not have to
hook up, but if sewer is available, you can't upgrade your system. Does that apply to water
also? Are you assessed differently if you do not hook up? He is a well driller, so does
not want to hook up to water. He has less than 30' on a public street. How is the
assessment per unit or per property? Answer: Per unit. More than one assessment is
charged if the property can be subdivided. Only Rick Grupa has room for subdivision,
other Otsego properties will receive one assessment. We will require hook up to both
sewer and water at the same time. Mr. MacAlpine said then he is almost forced to hook up
to sewer as his septic system was installed in 1974.
Mike Robertson - Recommendation is to set an official improvement hearing and
give notice to everybody. CM Heidner asked that parcel numbers be added to the
feasibility report.
CM Wendel motioned to accept an addendum to Dayton's Feasibility Study which we
previously accepted. Richard Nichols Seconded the Motion. Motion carried
unanimously.
Discussion:
CM Heidner noted that he wants to see options on how people can pay for this
along with interest rates etc. It was mentioned to Rick Grupa that we still need a petition
from the neighbors for sewer and water. Mr. Grupa noted that three residents were for the
project and one against.
Motion by CM Heidner and seconded by CM Ackerman to have a public
improvement hearing on July 31, 2000 at 7PM for the four residents of the Slabtown
area of Otsego. Motion carried unanimously.
7.2. Consider continued discussion of stormwater drainage easements alon
LeFebvre Creek (CSAH42 - TH101 and 85TH ST to LeFebvre
Creek
Engineers Wagner and Koshak explained the memo dated July 6, 2000 from City
Engineer. Three options were given with easement costs added. (These are preliminary
numbers)
Option 1. (All ditch) S 359,040.00
Option 2 (:ill pipe) 51,816,900.00
Option 3 (Part pipe/ Part Ditch) S1, 127,340.00
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In a lot of areas, a berm would have io be built over the pipe to cover it because of
low elevations. The ditch would have an 8' bottom with 4 to 1 side slopes 3 to 4' deep -
50' easement with a 40' ditch. The wetland would hold the water which would be slowly
released. -Ir. Koshak said we need to locate the ditch, otherwise there is no way to figure
stormwater costs. The majority of the area is Commercial/Industrial designation. The
Council would like to have the amount of stormsewer district funds and cost to move the
pipe to the east. Mr. Koshak felt there is approximately $145,000.00 in this account. We
can calculate costs from developers estimates.
7.3 Consider discussion of the MSA account balance and Advance
Encumbrances Fund for the reconstruction of 85TH ST (Page Ave to
Odean Ave. and Odean Ave. to 750' feet east of Nashua Ave
June 26th letter reviewed. Discussion of which road should be improved next,
85th St. either West of Odean or East. We need plans done and approved to tie up the
5500,000.00 advance in MSA funds from the State.
CM Heidner is not in favor of $150,000.00 from capitol improvement fund being
used for this. Feels we should split this into two projects and do 85th St from Odean Ave
east first. CM Ackerman agrees with CM Heidner and we should finish the road projects
now inprogress before starting a new one. CM Wendel agreed. Mayor Fournier felt this
year we had too many projects at once. He agrees we should finish up the existing projects
before starting new ones.
Mike Robertson is looking for a Council decision regarding updating the feasibility
study. Engineer felt $1, 000.00 approximate cost.
CM Heidner motioned and CM Ackerman seconded the motion to have the City
Engineer update the 85th street feasibility study by the 2nd Council Meeting of
August. Motion carried unanimously.
CM Nichols questioned if it automatically means we ask for the $500,000.00 MSA
Money. Answer: 'No.
7.4. Any Other Engineering Business
A. Consider Petitions for Citv Sewer and Nater Service for:
1. Christ Lutheran Church
2. Bank of Elk River - Otse o
Larry Koshak said we need the feasibility study ordered and then hold a public hearing.
Mayor Fournier motioned to acknowledge receipt of the petition for sewer and water
from Christ Lutheran Church and Bank of Elk River - Otsego and ordered the
feasibility study to be prepared. CII Wendel seconded the motion. Motion carried 4
to 1 with CII Heidner opposed due to the language of the petition.
B. Change order approval of the '99 Overlay Project.
Mr. Koshak noted that the original contract period was June 30, 2000. The change
order will change that to July 15, 2000. The final wearcourse on 80th St. will be changed
to May 31, 2001.
Ez
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Mayor Fournier motioned to recommend approval of the change order of the '99
Overlay Project from June 30, 2000 to July 15, 2000 and the wearcourse on 80th St
be changed to May 31, 2001. CM Wendel seconded the motion. Motion carried
unanimously.
8. Andrew MacArthur, City Attorney:
8.1. Discussion of City Franchise
Mike Robertson explained Marcus Miller's franchise information. This will be
continued to the next Council Agenda of July 24 2000.
8.2. Any Other Legal Business
None
9. Council Items:
A. Appoint Tom Koerwitz to EDAAC.
CM Ackerman motioned to appoint Tom Koerwitz to the EDAAC for a 4 -year term. CM
Wendel seconded the motion. Motion carried unanimously.
B. Any Other Council Business
1. Set new joint Otsego/Albertville meeting
Tenative dates suggested 26th or 27th of July 7PM. Mike will run this past
Albertville.
9.1. Mike Robertson, Citv Administrator - update:
A. Any City Administrator Business
1. Peoples Ser -vice Contract addendum to go to October 1, 2000
This item was continued to the next Council Agenda of July 24, 2000.
9.2. Elaine Beatty, City Clerk - update
none
9.3. Judv Hudson, Deputy Clerk - update
not present
9.4. Consider Claims List for approval.
Motion by CM Ackerman and seconded by CM Wendel to accept the claims list as
presented. Motion carried unanimously.
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9.5. Adjourn by 10PM.
Motion by Suzanne Ackerman to adjourn the meeting. CM Wendel seconded the motion.
Motion carried unanimously. Meeting adjourned at 10:27PM
CITY OF OTSEGO:
YFOURI,IIER, MAYOR
ATTEST: A_L
ELAINF, BEATTY,
CITY CLERK/ZONING ADT .
FELE: CCM71000.WPS
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