08-26-96 CCCITY OF OTSEGO
WRIGHT COUNTY, MINNESOTA
CITY COUNCIL MEETING
6:30 PM
COUNCIL CHAMBERS
OTSEGO CITY HALL
AUGUST 26, 1996
1. Mayor will call meeting order.
Mayor Freske called the August 26, 1996 City Council Meeting to order at 6:30 PM.
Mayor Freske announced that the EDA Meeting will be held at the end of City Council
Meeting. This met with approval from the President of the EDA.
Roll Call: Norman F. Freske, Mayor: Councilmembers: Ron Black, Larry Fournier, Vern
Heidner, Suzanne Ackerman
Staff: Bob Kirmis, Assistant Planner; Andrew MacArthur, City Attorney; Larry Koshak,
City Engineer; Jerry Olson, Building Official; Elaine Beatty, City Clerk/Zoning
Administrator; Phyllis Cokley, Director of Business/Finance; Judy Hudson, Deputy Clerk;
Carol Olson, Secretary.
2. Consider Ag ndah rp oval
Mayor Freske requested the addition of Ordinance 96-7, publication of summary, under
Item 5.2. Consent Agenda. Mayor Freske also requested the addition of Heritage
Commission Request under Item 9.3.
CM Fournier motioned to adopt the August 26, 1996 City Council Agenda as
amended. Seconded by CM Ackerman. All in favor. Motion carried.
3_ Consider Minutes:
A. August 12, 1996 City Council Minutes.
CM Heidner motioned to adopt. Seconded by CM Black. All in favor. Motion
carried.
B. August 8 1996 - Council Workshop - 95th Street Pro*
CM Fournier motioned to adopt. Seconded by CM Ackerman.
Voting For the Motion: CM Black, CM Fournier, CM Heidner, CM Ackerman.
Abstained: Mayor Freske, since he was absent from this Workshop.
Motion carried.
No one appeared on Open Forum.
4A. Special Presentation:
4A.1. Tom Noyes - Bonestroo Wastewater Treatment Update
Ted Field was in attendance, representing Bonestroo Assoc. There were two areas he
addressed and one was the letter dated August 21, 1996 (attached) and where should the
study go next and what steps need to be taken. He went over these areas with the
Council.
Otsego City Council Meeting of August 26, 1996, cont'd. Page 2.
CM Fournier was concerned about the collection System, site consideration and sludge
disposal. He also felt the Report could have been more detailed.
Mr. Field's went over CM Fournier's concerns and if the Council has alternatives sites in
mind, they can do an evaluation. Mr. Field said he stands by recommendation of land
disposal of sludge and do whatever needs to be done to go in that direction. There are
alternatives but with this type of plant and area and capacity and given abundance of land
disposal sites he feels it is the best option.
Mayor Freske asked what is the next step.
Mr. Field said the PCA will want to see some things addressed - environment assessment
and is a separate evaluation that they will want to see before they approve the plan.
Before entering into the environmental assessment, a site should be selected. A Public
Meeting will also need to be held, which the PCA would want to see done. Dayton has
had their Public Meeting.
Lee Hanson, 1010 West St. Germain Street, St. Cloud, Attorney representing Riverbend
Mobile Home Park. He asked how was the existing sewage treatment facility at
Riverbend factored into this plan and if it was factored in at all.
Mr. Field said it was factored in to the point that there is a potential for that facility to be
served by Otsego's facility some day, so collection system lines were sized for that
capacity. He doesn't believe there was intent to build the first phase of the treatment plant
with capacity specifically for Riverbend.
Mr. Hanson stated the owners of the Riverbend Mobile Home Park would like to be part
of any discussion that is going to take place regarding the facilities plan. They want to
make sure the Mayor and Council know they are on record demonstrating that their
sewage treatment facility is fully capable of handling their park and their land and want to
be sure that is taken into consideration in this facilities plan.
Norm Gartner, Engineer representing Riverbend Mobile Home Park. He talked about the
Facilities Plan, which he reviewed. Mr. Gartner read from MN Rules Chapter 7077,
regarding what a facilities plan must address which he feels the City must follow and had
concerns about. (He submitted Exhibit A)
Mr. Field responded saying the evaluation of the on-site systems wasn't included in the
Request for Proposal and doesn't think the PCA would stop the building of a Treatment
Plant because of this. Regarding the PCA Review and approval - Bonestroo does this all
the time and he knows what to expect from the PCA in the form of comments.
He feels that these things can be brought out at the Public Meeting and doesn't think
information is so lacking that one can't be held.
The Council direction:
Answer CM Fournier's concerns
Address in memo about the fourth alternative that was required by the RFP
(land application as an alternative)
Otsego City Council Meeting of August 26, 1996, cont'd. Page 3.
Mr. Field said he will address these concerns in another memo in a relatively short time.
Once he has direction on the sites, he can proceed from there. He would like to have the
public meeting schedules.
CM Fournier motioned to set November 13, 1996 (Wednesday) at 7 PM. Seconded
by CM Black. All in favor. Motion carried.
4A_2_ Jeff Asfahl - Community Recreation update
Jeff Asfahl presented the 1997 Community Recreation Board Administrative budget,
which he reviewed with the City Council.
CM Fournier was concerned with 88% being spent on administration and with the
increased amounts over the last 3 years if this isn't pricing itself out. He supports the
program as long as it doesn't price itself out.
Mayor Freske agreed with CM Fournier that this is a good program, but there are projects
in the City that need to get done and the City just can't go out and get additional
employees. The residents pay for all of this and cautioned that maybe this can't move as
fast.
CM Heidner pointed out the actual cost per resident has remained the same throughout
the years remaining at $3.73 per person and should be kept at that.
Jeff Asfahl said these comments will be relayed back to the Community Rec. Board.
5. Consent Agenda,
5.1. Consider Resolution No. 96-22 Amendment Approving Election Judges for
1996 Primary and General Elections.
5.2. Consider publication of Ordinance 96.7,sum
CM Black motioned to accept the Consent Agenda. CM Heidner seconded the
motion. All in favor. Motion carried.
6. Bob Kirmis, Assistant City Planner:
6.1. US West, New Vector, Kent Sticha, 2510 Mendelssohn Avenue North,
Golden Valley, MN 55427 for property owner David M. and Lynell A_ Becker 6155
Kadler Avenue NE Otsego. MN. PID #118-800-344400 (West of Kadler Avenue and
South of I-94 west of Albertville. MN) Request is as follows:
1 _ A CUP for a telephone transmission facility which exceeds the
height limits of the A-1 Agricultural Zoned Area.
Note: This was tabled per motion from the August 12th City Council Meeting allowing
the applicant time to furnish the City with proper documentation regarding co -location.
Andrew MacArthur, City Attorney, discussed the issue of co -location and they had
previously indicated they wanted a structural report. Mr. MacArthur responded to this
with his letter of August 16, 1996 (attached). Mr. MacArthur summed this discussion up
by stating it is his opinion that what has been furnished to the City regarding co -location is
sufficient. He recommended to add a condition that the applicant provide co -location to
others.
Otsego City Council Meeting of August 26, 1996, cont'd. Page 4.
Jay Littlejohn, representing US West, New Vector. He agrees with the City Attorney's
letter of August 16, 1996.
He also noted that his company won't dispute the fact of giving co -location and won't
object to that.
CM Black motioned to adopt the Planning Commission recommendation for
approval of a Conditional Use Permit for a telephone transmission facility which
exceeds the height limits of the A-1 Agricultural Zoned Area. Seconded by Mayor
Freske. All in favor. Motion carried.
(Discussion occurred between the motion being made and the actual vote)
Discussion: CM Black said the Planning Commission did not include Number 7 of the
Findings of Fact and this is to be included and satisfied.
CM Heidner noted the blueprints the City received only deal with the towers and not
antennas and a building permit is also needed showing the antenna design. His concern
was having something similar to what is in the City of Plymouth.
Mr. Littlejohn said this antenna will not be designed like the one in Plymouth.
CM Heidner asked how co -location ties into the City's Ordinance.
Mr. Kirmis responded that the Ordinance states if changes are considered substantial it
would require an amendment, staff can review and if there are any adverse impact it would
be brought forward.
CM Heidner motioned to amend the Motion to include Item 7. Seconded by CM
Black. All in favor. Motion carried.
CM Black had understood that NAC was reviewing this Ordinance. He also stated he
doesn't want to relay on the word "substantial".
Mr. Kirmis replied it is pending and NAC will proceed.
6.2. David C and Lorraine H Schroeder, 10790 95th Street NE. Otsego, MN
PID 118-800-141303. Request is as follows:
1. A Conditional use Permit to allow more than one detached
accessory building and over 2,000 square feet of accessory space.
Mr. Kirmis went over this request and the conditions listed in the Findings of Fact.
CM Fournier motioned to accept the Planning Commission Recommendation for
approval of the Conditional Use Permit allowing more than 2,000 square feet of
accessory space and to allow more than one detached accessory building subject to
the conditions listed in the Findings of Fact. Seconded by CM Black. All in favor.
Motion carried.
6.3. Any other Planning Business
Mr. Kirmis discussed with the Council the new territory annexed from Frankfort. The
Ordinance requires all newly annexed territory assume an A-1 Zoning designation.
He suggested for Council direction to further investigate this and to highlight the options
for the Council.
The Council agreed for Mr. Kirmis to proceed as he suggested.
Otsego City Council Meeting of August 26, 1996, cont'd. Page 5.
At 8 PM Otsego's Mayor, Council and Staff Welcome Frankfort residents, Town Board
and Staff, to Otsego. Refreshments were served.
7. Andy MacArthur, City Attorney:
7.1. Discussion of scheduling the deposition for Lef-Co
Mr. MacArthur discussed with the Council the scheduling of dispositions. He provided
the Council with dates.
7.2. Update on Peavey House Rental
Mr. MacArthur is working with City Staff on this issue.
8_ Larry Koshak, City Engineer:
9.1- Discussion of Public Meeting for Sewer and Water Services
Mr. Koshak displayed a map he had prepared outlining the areas for Sewer and Water
Services.
Mr. Koshak is proposing a Public Meeting for the Water and Sewer services and
demonstrated to the Council what he will be presenting. He also suggested to have
another preview prior to the Public Meeting. The Council agreed that all residents in
Phase 1 and la are to be notified of the Public Meeting.
Regarding water service, Mr. Koshak will do the study for Phase 1 only for this Public
Meeting, which means looking at the present well.. Because there is commercial property
involved, will have to look at a water tower for water flow (fire flow). Will be looking at
a possible site. Would be looking at a pump house, tower and trunk system.
CM Black suggested to also include the land east of Parrish running north of CSAH 39 to
the river in the water study. The Council agreed.
8_1 Update Discussion of Karst land on 65th & illegal land filling
According to Mr. Koshak, nothing has transpired. The DNR said it would take about two
weeks for them to get out there along with the Fish and Wildlife Department.
Mr. MacArthur said he had contacted the County Attorney's Office and Tom Salkowsky
of Wright County Planning and Zoning. This was referred to for prosecution or civil
action back in 1988 but never was followed through. He advised the Council to get a
Letter of Notification to Mr. Karst as soon as possible.
CM Black motioned for the City Attorney to send a letter to Mr. Karst stating the
violations of City Ordinances occurring on his property. Seconded by CM
Ackerman. All in favor. Motion carried.
9.3. Update on Co. #37/Odean Project
Per Mr. Koshak, there is no update and project has been accomplished.
Otsego City Council Meeting of August 26, 1996, cont'd. Page 6.
8.4. Consider date for Mississippi Shores Overlay Project Assessment Hearing
CM Black motioned to set the Assessment Hearing for the Mississippi Shores
Overlay and the Island View -Arrowhead Street Project for September 30, 1996 7
PM. Seconded by CM Fournier. All in favor. Motion carried.
8.5_ Any other Engineering_Business
Larry Koshak brought the City Council up to date on the Island View Estates Project.
Mr. Koshak noted since the first meeting in September has been changed to
September 5th, the Feasibility Study for the 85th Street Project will now go on the
September 23rd Council meeting.
CM Fournier had two residents call him regarding placing Deer Crossing Signs on 42.
Mr. Koshak said since 42 is a County Road they should be referred to the County.
CM Fournier also talked to John Lefebvre and the building that is on property the City
purchased can now be torn down.
CM Black suggested the Street Department Committee should handle this.
Elaine Beatty suggested the City Engineer review the EAW that is being conducted on the
Bernard Roden property which borders Otsego at 70th Street.
Larry Koshak said this is the Otsego Creek Storm Water District and advised the Council
the drainage issue should be reviewed. The State should be informing us of this.
CM Black motioned to direct the City Engineer to respond appropriately to the
EAW. Seconded by CM Heidner. All in favor. Motion carried.
(Discussion occurred between the motion being made and the actual vote)
Discussion: CM Heidner questioned if the Otsego Creek Authority should check into this
and therefore the costs incurred would be shared. Mr. Koshak questioned how viable the
Otsego Creek Authority is at this time but he hoped Otsego Creek Authority would
reviewed the plats that would occur in that district - Plat Review Authority. Mr. Koshak
would pick out the issues that should be reviewed by the Authority.
9. Council Items:
9.1. Consider Memo from Building Official Jerry Olson Re: Mound System
design review
CM Black motioned to adopt the Building Official Recommendation allowing the
Building Official to review and approve Mound Systems. Seconded by CM
Fournier. All in favor. Motion carried.
9.2. Consider Truth In Taxation Public Hearing Dates
CM Fournier motioned to accept Staff's recommendation of December 5th and 12th
1996, 6:30 PM for the Truth In Taxation Public Hearing Dates. Seconded by CM
Black. All in favor. Motion carried.
Otsego City Council Meeting of August 26, 1996, cont'd. Page 7.
9.3. Any other Council Business
9.3.1. Heritage Commission History Bock
Mayor Freske reported the Heritage Commission have written a book. They are looking
for some grants from different sources but haven't received any as of this date. They want
the Book ready by their October Heritage get together and need $700.00.
CM Fournier motioned if the money is in the budget they should go ahead with the
printing of the book. Seconded by CM Black. All in favor. Motion carried.
1•.
Elaine Beatty brought up the information regarding the Town of Hasson requesting
incorporation.
Mayor Freske suggested for this item to go on the next City Council Agenda.
CM Black requested staff to contact the City of Rogers and asked them what position they
will be taking to find out what is going on. He further stated that Otsego may not
want to become involved. Elaine suggested to also contact the other communities such as
Dayton.
Elaine referred to the agreement received from Wright County on how the funds will be
dispersed in regards to the recent annexed land. Both her and Phyllis agreed this would be
the best way to handle disbursement.
CM Heidner asked how much tax dollars does Otsego anticipate receiving from this area.
Sherry Berning, who was in attendance, thought there was about ten million dollars of
market value.
9.5. Consider Claims List for Approval
CM Heidner motioned to accept the Claims List as presented. Seconded by CM
Black. All in favor. Motion carried.
9.6. Adjourn by 10 PM
CM Heidner motioned to adjourn. Seconded by CM Fournier. All in favor.
Motion carried.
Mee ' ' djourned at 9:17 PM.
Mayor orm F. Freske
Attest: ElaiBea y, Ci Cler Zoni Administrator
Recorded by:.Idy H�&on. Deputy Clerk
City Seal