08-12-96 CCCITY OF OTSEGO
WRIGHT COUNTY, MINNESOTA
CITY COUNCIL MEETING
6:30 PM
COUNCIL CHAMBERS
OTSEGO CITY HALL
AUGUST 12, 1996
1. Mayor will call meeting to order.
Mayor Norman F. Freske called the August 12, 1996 City Council Meeting to order at
6:30 PM.
Roll Call: Mayor Norman F. Freske; Councilmembers; Suzanne Ackerman, Ron Black,
Larry Fournier and Vern Heidner.
Staff: Bob Kirmis, Assistant City Planner; Larry Koshak, City Engineer; Elaine Beatty,
City Clerk/Zoning Administrator; Phyllis Cokley, Business/Finance Director; Judy
Hudson, Deputy Clerk
2_ Consider Agenda Approval,
CM Black requested an addition under Item 9.4. A. Peavey House Rent
CM Fournier requested removal of Item 5.3 from the Consent Agenda and placed under
Item 9.4.13 (Change September 9, 1996 City Council Meeting date)
Larry Koshak, City Engineer, requested addition of Approval of Wright County ROW Plat
No. 33 (CSAH 37 and ODean Avenue).
CM Heidner motioned to approve the August 12, 1996 City Council Agenda as
amended. Seconded by CM Black. All in favor. Motion carried.
3. Consider Minutes:
A. July 22, 1996 - Council Minutes
CM Black motioned to adopt the minutes. Seconded by CM Ackerman. All in
favor. Motion carried.
B. July 23, 1996 - Council Workshop - Feedlot Ordinance
CM Fournier motioned to adopt the minutes. Seconded by CM Black. All in favor.
Motion carried.
C. July 24, 1996 - Council Workshop - CIP
CM Ackerman motioned to adopt the minutes. Seconded by CM Black. All in
favor. Motion carried.
At the time this item came up at the meeting, no one listed on the petition was present.
The residents arrived later and were heard prior to adjournment.
Otsego City Council Meeting of August 12, 1996, cont'd. Page 2.
CM Black motioned approval of the Consent Agenda as amended. Seconded by
CM Fournier. All in favor. Motion carried.
6. Bob Kirmis,Assistant City Planner:
6.1. US West. New Vector, Kent Sticha, 2510 Mendelssohn Avenue North.
Cold Valley,, MN 55427 for property owner David M and Lynell A Becker
6155 Kadler Avenue NE. Otsego. MN PID#118-800-344400 est of
Kadler Avenue and south of I-94 west of Albertville) Request is as follows:
1. A CUPor a telephone transmission facility which exceeds
he height limits of the A-1 Agricultural Zoned Area-
Bob
r .a.Bob Kirmis, Assistant City Planner, went over the applicant's request. The Planning
Commission recommended approval of the Conditional Use Permit subject to the
conditions listed in the Findings of Fact and Decision.
CM Heidner stated he would prefer to review documentation from UPA and WDAY in
regards to co -location on their towers prior to the meeting. CM Heidner feels the
applicant has been given enough time to provide this information.
CM Black motioned to table this decision until the August 26, 1996 City Council
Meeting allowing the applicant time to furnish the City with the proper
documentation regarding the co -location issue. Seconded by CM Fournier. All in
favor. Motion carried.
Kent Sticha, US West Cellular, arrived after the motion. Mayor Freske updated him on
the Council Action.
Mr. Sticha acknowledged the co -location issue and had with him letters from UPA and
WDAY confirming that co -location was not an option. He stated he did not realize the
letters were needed prior to the meeting and thought they were to be made a part of the
conditions.
Larry Koshak recommended to the Council that the letters should come from a structural
engineer.
The Council stated the motion stands as is.
Otsego City Council Meeting of August 12, 1996, cont'd. Page I
6.2_ Consider an Amendment to the Zoning Ordinance Re- Nome Occupation
Requirements -
Mr. Kirmis went over the planning report dated June 12, 1996. He noted the 200 square
feet reserved for storage of vehicles could potentially create a non -conforming situation
since the Ordinance requires two off-street parking spaces from setbacks.
CM Fournier motioned to accept the Planning Commission's recommendation of
approval of Amendment as written. Seconded by CM Heidner. All in favor.
Motion carried.
(Discussion occurred between the motion being made and the actual vote)
Discussion: CM Black supported Bob Kirmis' recommendation to reserve 400 square feet
for storage of vehicles and therefore not create a non-conformance of off-street parking.
CM Heidner noted the Planning Commission thoroughly discussed this issue and didn't
view this as a problem.
6.3. Consider an Amendment to the Zoning Ordinance Re: Accessory -and
Tem op rary_Outdoor Sales and Events_
Mr. Kirmis went over this amendment. (attached)
The Planning Commission recommended approval but recommended changing the
wording under B. Lb. to include other days and not limiting two of the days to Saturdays
and Sundays.
CM Black motioned to adopt the Amendment to the Zoning Ordinance establishing
regulations for Accessory and Temporary Outdoor Sales and Promotional events
including the deletion of Saturday and Sunday under B.1.b. Seconded by CM
Ackerman. All in favor. Motion carried.
6.4. Consideration of NAC Memo elated July 22, 1996 on SW Area an lye
Mr. Kirmis went over the planning report dated July 22, 1996 on the Otsego - Southwest
Area Pre -Plan Analysis. Mr. Kirmis noted that due to past annexation requests, a major
portion of the analysis was put on hold with the idea that the City didn't want to spend
money if land did not end up in the City. The financial portion of the analysis was done
which would apply to the whole City. This information is provided in the attached report.
Mr. Kirmis summarized that the intent was to see the costs and revenues of different land
uses.
Mayor Freske thanked Mr. Kirmis and suggested a Council Workshop for a more in-depth
review. CM Heidner agreed with this.
CM Black asked Mr. Kirmis to find out how commercial feedlots are taxed. He also
noted and supported David Licht's recommendation for the Council to review the
Comprehensive Plan for the entire City in 1997.
CM Fournier commented the analysis contains very valuable information, but would be
more appropriate to consider when the Comprehensive Plan is reviewed.
The Council noted the Comprehensive Plan Review Schedule will be discussed at the
Budget Meeting.
Otsego City Council Meeting of August 12, 1996, cont'd. Page 4.
6.5. Discussion of Sign Ordinance Amendment
Bob Kirmis reviewed the recommendations relating to business identification sign
requirements.
The Planning Commission recommended approval.
CM Fournier motioned to accept the Planning Commission recommendation and
allow the Ordinance to tie to the height of the maximum building height and zoning
ordinance of thirty-five (35) feet and keep the maximum sign size at a 100 square
feet along the I-94 Corridor. Seconded by CM Black. All in favor. Motion carried.
(Discussion occurred between the motion being made and the actual vote)
Discussion: Mr. Kirmis asked if the City Council wishes to initiate a formal amendment as
a follow up to this.
CM Fournier motioned for Staff to initiate a Public Hearing for the Sign Ordinance
Amendment. Seconded by CM Black. All in favor. Motion carried.
(Discussion occurred between the motion being made and the actual vote)
Discussion: CM Black suggested for Staff to complete the paper work but aggregate with
future ordinances requiring Public Hearings. The Council agreed.
6.6. Richard Kincannon 118-500-204202, Re: CUP for Commercial Outdoor
Recreation in an A-1 Agricultural Zoned Area (Executive 9 hole golf
course)
Mr. Kirmis went over the planning report. He noted the concerns of the Planning
Commission were: Site drainage, springs on the property, assurance that storm water
could be managed on the site. Mr. Kirmis stated these concerns have been addressed as a
condition of approval for the City Engineer approval of the grading and drainage plans.
Another Planning Commission concern was with access, whether its appropriate off of
Nashua as opposed to 85th Street. The City Engineer recommended to leave access off of
85th Street.
The Planning Commission recommended approval of this Conditional Use Permit subject
to the thirteen (13) conditions listed in the Findings of Facts.
Mayor Freske questioned the 40 foot Right -of -Way dedication for 85th Street. Mr.
Kirmis said the City Engineer requested this.
CM Fournier asked what the rationale was for curb bumpers. Mr. Koshak responded that
this use is considered not a permanent use on site and curb bumpers is more appropriate
than concrete curbing.
CM Heidner asked about the purpose, expense and monitoring of Conditions 12 and 13
(soil boring tests and monitoring wells). Mr. Koshak said the purpose is to determine
actual ground water evaluations in relationship to the on-site systems adjacent (East) of
this property. If the water table continues to rise, then corrective measures would have to
be done to the on-site ponds. Mr. Koshak said the monitoring wells are not deep and
therefore not expensive. The developer will submit annual reports completed by an
independent testing company.
. Otsego City Council Meeting of August 12, 1996, cont'd. Page 5.
Lynn Caswell, an applicant, stated they did not originally propose doing this but installing
these wells would be a benefit to the golf course, and does not view this requirement as
expensive.
CM Ackerman was concerned with Condition 5 regarding containing stray balls with the
type of netting material used. She also asked if chemicals used on the golf course will
impact the adjoining farm land.
Mr. Caswell said the last thing they would want to use is netting but rather control with
direction of play and landscaping. The purpose of the ponding done on-site will control
the run-off and the ponds will be pumped.
Tom Constant, resident of 85th Street, asked about chemical control for water run-off into
the pipe under 85th Street. He also asked if the 40 ft ROW is for the entire length of 85th
Street.
Mr. Koshak said nothing has been proposed for this type of testing. The City has the
option of changing the outflow of a particular pond.
Mr. Koshak also stated the 40 foot ROW is for the entire length of 85th Street.
CM Black motioned to adopt the Planning Commission's recommendation with the
amendment that the responsibility for reporting and monitoring of the wells be with
the landowner and they are to report as requested by the City Engineer. Seconded
by CM Fournier. All in favor. Motion carried.
(Discussion occurred between the motion being made and the actual vote)
Discussion: CM Fournier questioned if the reporting will be done on a regular basis. The
Council agreed it would be.
6.7. Any other Planning Business_
Jon Bogart was in attendance at this Council Meeting. The Mayor and Council thanked
him for his work on the Consolidation Committee.
7. Andy MacArthur, City Attorney:T
City Attorney was not in attendance.
Mr. Koshak went over his letter addressed to Elaine Beatty, City Clerk/Zoning
Administrator dated July 18, 1996 regarding Sanitary Sewer and Water Service Planning.
Mr. Koshak feels very strongly to establish the area subject to Phase I for development
and appraise the landowners of what has been proposed.
Mayor Freske reported that Tom Noyes of BRA has requested to be on next City Council
Agenda to respond to the letter he received from Otsego.
The Council had a general discussion on some of the items in the July 18, 1996 letter.
Otsego City Council Meeting of August 12, 1996, cont'd. Page 6.
CM Black motioned to direct staff to develop a draft service area for Phase I and
guidelines for development. Seconded by CM Ackerman. All in favor. Motion
carried.
(Discussion occurred between the motion being made and the actual vote)
Discussion: CM Heidner asked what costs are involved for this preparation. Mr. Koshak
estimated at about $500 plus staff time at the presentation meeting.
CM Black clarified that this also includes water service. The council agreed it does.
CM Fournier appreciated and supported Mr. Koshak's comments that there are things
missing in the BRA Report. Mayor Freske agreed and this information is needed before
the public meeting.
8.2. Island View Estates/Mississippi Shores Project updates
A. Update on progress of ejects
Mr. Koshak reported the Island View Estates project is 85% completed. Seeding needs to
be done for the Mississippi Shores Project.
Don Greninger stated his concerns with a culvert and field tile being connected for the
Island View Estates Project.
CM Black motioned to approve Pay Estimate #1 in the amount of $258,107.81 for
both the Mississippi Shore Project and the Island View Estates Project. Seconded
by CM Fournier. All in favor. Motion carried.
(Discussion occurred between the motion being made and the actual vote)
Discussion: CM Fournier asked if the amount of work left to be done - will the amount
that is being held back cover it.
Larry Koshak replied yes it would and the law states we can only hold back 5% of the
completed work after we pay 50% of the completed work.
Tom Constant, resident on 85th Street commented that some of the cracks that were
sawed out recently weren't filled. Mr. Koshak thanked him for this information and said
this would be checked out.
8.3. Discussion of Karst land on 65th and illegal land filling.
Larry Koshak updated the Council on this situation - Mr. Karst gave permission to SM
Hentges & Sons to fill the site adjacent to Rice Lake. The landowner has no permit to do
this. Mr. Koshak is in the process of having the DNR Enforcement Division come out to
the site. The City Engineer recommended for the City take action against this landowner
and the TH101 Contractor, SM Hentges & Sons for the ordinance violation.
CM Black motioned to direct staff to take whatever action that is necessary to
prosecute the landowner and the contractor for this ordinance violation. Seconded
by CM Heidner.
Otsego City Council Meeting of August 12, 1996, cont'd. Page 7.
Voting For the Motion: Mayor Freske, CM Ackerman, CM Black, CM Heidner
Voting Against the Motion: CM Fournier
Motion carried four (4) to one (1).
(Discussion occurred between the motion being made and the actual vote)
Discussion: CM Fournier requested waiting with formal action until comments from the
DNR are received. CM Black said if staff and the DNR, during the investigation,
conclude that there is nothing there, then this is dropped.
Mr. Koshak pointed out that in any case whether this involves a wetland or not, there is a
violation of the City's Ordinance.
CM Black noted this landowner has done this before and the State Contractor should have
known better. Mayor Freske agreed.
8.4. Any other engineering business.
ROW Plat No. 33 - Mr. Koshak stated Plat No. 33 will supersede ROW Plat 29. This is
the result of not receiving two (2) easements on the west end which appear on Plat 29,
and giving back land to Kolles and Cullinan.
CM Black motioned to accept Wright County ROW Plat 33 and authorize the
Mayor and City Clerk to execute the Plat. Seconded by CM Heidner. All in favor.
Motion carried.
(Discussion occurred between the motion being made and the actual vote)
Discussion: CM Fournier asked for more information. City Engineer, Larry Koshak, said
the original Plat 29 was approved two (2) years ago, had additional property included.
The County decided some easements were not needed but they appeared on the plat and
there was discussion on who got what land back by the curve and the County wanted the
issues clarified. This is a correction of ROW Plat 29.
Mr. Koshak informed the Council he is meeting with Jerome Kolles at 3 PM on August
13, 1996 at the farm and asked that Mayor Freske attend.
Developer Retainage: Mr. Koshak wanted to know if the Council would like to discuss
how much is held in the Letter of Credit during the Warranty Period, after the roads have
been accepted. The procedure is:
After the roads are accepted, we sum up the amount of imported material
(cost of replacing the material) based upon the prices the developer had.
This is the amount of the warranty.
This usually includes the asphalt, pipe and seeding. Gravel is usually not included.
Generally, this amounts to half of the project.
This is based on a Letter of Credit. The Letter of Credit is what was
recommended by the City Attorney several years ago.
For small projects, this could be a burden to developers
Mr. Koshak opened this subject up for Council discussion and if they would like the policy
changed.
Otsego City Council Meeting of August 12, 1996, cont'd. Page 8.
CM Heidner questioned the fact that there is a field inspector on site during construction
why does full amount need to be maintained. He understands some type of warranty but
this seem high.
CM Black said it was his understanding that the reason for this discussion was because of
the relationship between the developer and the lender and nothing to do with the City. He
understands that City policy has been consistent throughout.
T'he Council agreed to leave the Policy as is.
Sorenson Ridge Project: CM Fournier asked Mr. Koshak about the entrance on CSAH
39. Some residents have expressed concern with entrance going out on a curve.
Mr. Koshak said the County approved that entrance. The County did look at site distance
and said they preferred the location selected.
9.1_ Set meeting, for new residents of Otsego - Welcome & information.
CM Fournier motioned to have the Welcome for New Frankfort Residents at 8 PM
during the August 26, 1996 City Council Meeting. Seconded by CM Black. All in
favor. Motion carried.
(Discussion occurred between the motion being made and the actual vote)
Discussion: CM Black suggested for Staff to give a presentation.
11AT_ T-__1__ ___ r/____11
CM Fournier collected information on Maximum Range and Impact Velocity for
Ammunition, which was included in the Council Packet. CM Fournier recommended to
accommodate Mr. Lenz.
CM Black stated he is not in favor of changing the boundary lines since this was
thoroughly reviewed and discussed by the Firearms Committee.
CM Heidner also stated he is not in favor of any changes of the boundary. The Firearms
Committee matched the Elk River's front most boundary. He talked to Sgt. Ralph from
the Elk River Police Department and he said the river at the point of discussion is 500 to
600 feet wide and there are houses 150 feet in from the bank. Looking at the tables CM
Fournier prepared - for a 10 gauge shotgun they have maximum range of 1,000 feet -
therefore the residents across the river would be within this range. CM Heidner said if any
line change occurs, it should be moved further to the West and not the East.
Mayor Freske agreed not to change any lines.
CM Ackerman stated the No Discharge Zone should stand as is.
CM Fournier motioned to publish the No Discharge Zone Map in the Star News.
Seconded by CM Black. All in favor. Motion carried.
Otsego City Council Meeting of August 12, 1996, cont'd. Page 9.
9.3. Consider an)proval of a 5 Year Capital Improvement Plan.
CM Black motioned to approve the City's Five Year Capital Improvement Program
Document. Seconded by CM Fournier. All in favor. Motion carried.
(Discussion occurred between the motion being made and the actual vote)
Discussion: CM Black stated this Plan should be a very useful tool for future Councils to
review to see what this Council's priorities were and what was anticipated for repairs and
replacements schedule.
CM Fournier emphasized that this is not a commitment but a plan.
9.4. Any other Council Business
A. Peavey House Rental: Three (3) months of rent is in arrears.
CM Black motioned to direct the City Attorney to take whatever action is necessary
to collect rent and/or regain possession of the property. Seconded by CM Heidner.
All in favor. Motion carried.
B. (Item 5.3 removed from the Consent Agenda) 53_ Change �September
9, 1996 City Council Meeting date (due to primary).
Phyllis Cokley, Director of Finance, pointed out the Council date selected will be the
meeting where the Council will adopt the proposed levy. Therefore, allow time to do this,
it needs to be certified to the County Auditor on September 16th. There is a Budget
Workshop on August 28th and there will probably be more changes and corrections that
will need to be done.
CM Black motioned to reschedule the September 9 City Council Meeting to
September 5th at 6:30 PM due to Primary Election on September 10th. Seconded
by CM Fournier. All in favor. Motion carried.
9.5. City Clerk's Update
Elaine Beatty went over her Clerk's Update List, which is attached. The list contains
information on parcels annexed from Frankfort Township to Otsego.
9.6. Consider Claims List for Approval
CM Heidner motioned to adopt the Claims List as presented. Seconded by CM
Black. All in favor. Motion carried.
Mayor Freske acknowledged the residents who were to appear under Item 4. Open
Forum. At that point in the meeting they had not arrived.
Mayor Freske explained the Council recommended to the City Planner, that the
Comprehensive Plan for the entire City will be reviewed in 1997 as this item will be
budgeted as such.
Mayor Freske invited the residents to the Open Mike.
0 Otsego City Council Meeting of August 12, 1996, cont'd. Page 10.
Bruce Lubke, 9957 65th Street. His comments were to make a point to the Council as to
what is going to happen to the residents living in his area i.e. water and sewer, will
Albertville and Otsego get along so they would be able to hook up to water and sewer,
when would he be able to hook up, and will Otsego help them do this.
Floyd Roden, 8337 LaBeaux Avenue. He supported Mr. Lubke's comments. He has a
concern if Albertville is willing to give him sewer and water will Otsego agree with it and
what is the time table.
Mayor Freske said the Comprehensive Plan will be reviewed next year. He also stated
that Municipal Board Agreement stated that these services should be made available from
Albertville.
(Mr. Roden requested a copy of this Agreement and Elaine Beatty said she will supply him
with one)
Vern Greninger, 10544 70th Street. He stated he lives on the North side of 70th Street.
He has requested annexation to Albertville in order to get water and sewer. He stressed
to the Council that it is high time to get some plans going for this area. He now borders
Albertville and the MMB Agreement supposedly agrees that Otsego will work with
Albertville for utilities and will the two communities work together.
Mayor Freske said that both Albertville and Otsego have agreed to the MMB Orders.
CM Black said the agreement speaks for it self as far as to what is suppose to happen and
what is not going to happen and what may happen. He pointed out that Albertville doesn't
show any plans for sewer running North of 94 in the documents they submitted to the
MMB. CM Heidner stated Albertville has said they have the capacity but haven't said
when they are going to the run the lines. CM Heidner also pointed out current businesses
along CSAH 19 that are in Albertville that do not have sewer.
Mayor Freske referred to the SW Area Survey which was put on hold since Otsego didn't
know where the borders would end up being. As of August 1, 1996 the borders have
been set and we have told our Planner to start reviewing the Comp. Plan.
Another concern CM Black has is that no one in that area of Otsego has come to anyone
in the City with any proposals or specific requests other than they want to be in
Albertville. Our City Engineer and other consultants have told the City that there are
many different ways of providing sewer and water service in that area of the community.
A sewer plant or a water tower is not built until there is a proposed use. It is conceivable
that the City of Otsego can and will provide sewer and water service in this area but there
has to be a use for it. The City needs to know - are there definite plans - specifically what
type of plans that public facilities can be designed around. The City is willing to look at
the proposals and do everything possible to provide the necessary infrastructure that is
needed.
Otsego City Council Meeting of August 12, 1996, cont'd. Page 11.
CM Heidner also said this could be done by a small plant costing approximately $800,000
and being able to service approximately 500 acres.
Mayor Freske noted when the Comp. Plan is being reviewed and will be noticed in the
paper, He invited and encouraged the residents to attend so they can give the City their
input.
Todd Becker, 9977 65th Street. His concerns with living on the south side of 94 if sewer
will be available and if it is available from Albertville will the agreement work, it hasn't in
the past and concerned it won't work in the future.
Mayor Freske asked for examples of what hasn't worked.
Mr. Becker said the fire protection agreement.
CM Fournier said the real issue sounds like - not annexation but services. He supported
CM Black's comments where services can be addressed. He said the two communities
don't always agree, but that they do get along. The fire agreement was worked out. He
invited the residents to give their input at the time the Comp. Plan is reviewed.
CM Heidner stated it bothers him that Otsego is always made out as the bad guy. He went
over fire agreement which was worked out and the City had to addressed it when the rates
where going to triple. Discharge into the Otsego Creek could have been a potential
pollution problem and had to be addressed. The record will show that Otsego has been
willing to buy services from Albertville and Otsego is still willing to do so.
Mayor Freske thanked everyone for attending the meeting and encouraged everyone to
call the Council to get the facts.
9.7. Adjourn by 10 PM.
CM Black motioned to adjourn. CM Fournier seconded. All in favor. Motion
carried.
Meeting adjourned at 8:40 PM.
Norman F. Freske
Attest: Elaine Beatty, City Clerk/Zo*g Administrator
Rered y: Judy Hudson, Deputy Clerk
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