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10-12-98 CCCITY OF OTSEGO WRIGHT COUNTY, MINNESOTA CITY COUNCIL MEETING 6:30 PM COUNCIL CHAMBERS OTSEGO CITY HALL OCTOBER 12, 1998 1. Mayor Larry Fournier will call meeting to order: Mayor Fournier called the City Council Meeting to order at 6:30 PM. a. Pledge of Allegiance - Mayor Fournier led in Pledge of Allegiance. b. Roll Call Mayor Larry Fournier; Councilmembers: Suzanne Ackerman, Vern Heidner, Virginia Wendel, Mark Berning. Staff: Mike Robertson, City Administrator; Elaine Beatty, City Clerk/Zoning Administrator; Judy Hudson, Deputy Clerk/Treasurer; Marcus Miller, Assistant City Attorney; Dan Licht, Assistant City Planner; Larry Koshak, City Engineer. 2. Consider agenda a roval_ CM Heidner requested under Consent Item 5.1. change the word approve to accept. CM Wendel requested to move Item 5.1. to Item 9.1. Council Items for discussion. CM Heidner motioned to adopt the October 12,1998 City Council Agenda as me amended. Seconded by CM Wendel. All in favor. Motion carried. a. Regular Council Meeting of September 28, 1998, Mayor Fournier requested to include, under Item 9.Lb. 1., information on Special Events Ordinance in the Otsego View. CM Heidner motioned adoption as amended. Seconded by CM Ackerman. All in favor. Motion carried. 4. Open Forum: 4.1. ficial Presentation: a. Paul T. Soltvedt, discussion of Sunnyfield Construction. Inc. Paul Solvedt, 9219 Ochoa Avenue, appeared on Open Forum to discuss a letter he received from the City noting his violation of his home extended business. Mr. Solvedt asked the City to give him until next summer to relocate his business. He has purchased a lot in St. Michael and will be able to build in the Spring. CM Heidner motioned to give Paul Soltvedt until July 1, 1999 to relocate his business from his residence at 9219 Ochoa Avenue NE. Seconded by CM Ackerman. All in favor. Motion carried. City Council Meeting of October 12, 1998, cont'd. Page 2. Gordy Ebner, 9804 Parrish Avenue, appeared on Open Forum to state his concerns with the noise levels of the "boom boxes" in cars traveling on Parrish Avenue. He has called the Sheriffs Office on this concern three times and they have responded but weren't able to get the violators. He asked the City for assistance. Marcus Miller told Mr. Ebner this is covered under City Ordinance, he should continue calling the Sheriffs Office, try to give them license plate numbers and description of the cars and drivers. Mr. Charles Walker, 8690 Ohland Avenue NE, stated he is interested in renting the Peavey House. (441-5813). 5. Consent Agenda_ Item 5.1. was removed and placed under Item 9.1. for discussion. 5.2. Consider Otsego Historic Contexts Study approval (per HPQ. CM Berning motioned to accept the Consent Agenda as amended. Seconded by CM Heidner. All in favor. Motion carried. 6. Dan Licht, Assistant City Planner: 6.1. Applicant/owner Jeff Ophoven. KO Holdings LLC PD 118-802-0022104 S2 T121 R23 E of 101 N of 36 and W of Queens. Request is for the followiuge 1. A PUD/CUP to allow more than one rp incipal use one site and allow ease of curbing in front of the building due to the nature of the business. Dan Licht presented the Planner's Report. The applicant, Jeff Ophoven and Greg Ebert, Construction Manager discussed, with the Council, curbing requirements. CM Heidner motioned to adopt the Planned Unit Development/Conditional Use Permit to allow construction of a second principal structure on property PID# 118- 802-0022104 located S2 T121, R23 subject to the twelve (12) conditions listed in the Findings of Facts dated October 8, 1998 and with concrete curbing. Seconded by CM Berning. All in favor. Motion carried. Dan Licht presented his Planner's Report. He explained that the variance is not required City Council Meeting of October 12, 1998, cont'd. Page 3. if rezoned to INS. CM Heidner noted the approval of the City's request is consistent with past requests similar to the City's and also note this is not commercial and there will be little traffic to warrant a paved access. CM Heidner motioned to rezone the approximate 10 acres from 118-802-001201 that will be used for the sewer treatment plant from A-1 to INS, Institutional District subject to the conditions listed in the Findings of Fact and to approve this lot without direct access to a public street. Seconded by CM Ackerman. All in favor. Motion carried. 6.3. Wild and Scenic Issues: a. Consider appointing a DNR Wild an Scenic Sub -Committee Mayor Fournier appointed himself and Dan Licht for this sub -committee. The Council agreed. b. Consider adopting of the Otsego Wild and Scenic Plan Position Statement, CM Heidner motioned to adopt the Wild and Scenic Position Statement drafted by Dan Licht, Assistant City Planner. Seconded by CM Ackerman. All in favor. Motion carried. 6.4. Any other Planning Business. Mayor Fournier stated the Planning Commission is in the process of working on Ordinance updates. He asked the Planning Commission to schedule extra meetings in order to get everything done. The Council decided to continue the normal Planning Commission schedule in October and schedule extra meetings in November, if needed. Also discussed was changing the Planning Commission regular meetings from the first and second Wednesday of the month to another day to accommodate faster processing of zoning requests. CM Heidner will discuss this with the Planning Commission. 7. Larry Koshak, CityEngineen 7-1- Update on Odean Avenue Improvement Project_ and 1999 Improvement Cash Flow Projections Larry Koshak gave an update on this project. He is waiting for the documents to be approved by MnDOT. Also discussed was cash flow for this 2.2 million dollar project. This is a ISTEA Project and federally funded. Mike Robertson explained Otsego will receive 1.2 million dollars from the Federal Government, $600,000 to $700,000 from State Aid and the City's share at about $100,000 to $150,000 range. Mike said more information is needed and will be received when the study is completed. Also discussed was the bike path and costs associated. The Council asked for the costs of the bike path, the cost to the City, and where will this funding come from, costs of easement, what kind of work is needed for the bike path, how wide it needs to be, and also they want to know the MSA Account balance. City Council Meeting of October 12, 1998, cont'd. Page 4. The Council discussed other projects such as the Page Avenue Overlay and 85th Street projects that need funding. The Council will review the Odean Avenue Project plans the City Engineer has at the next Council Meeting. If the Council feel they need a workshop, one will be set at that time. Mike Robertson went over his October 7th Memo. Larry Koshak inspected the 83rd Street Culvert. There is rusting on the bottom and water pressure is seeping around the bottom of the culvert and causing holes in 83rd Street. He suggested placing clay back in there to seal up this situation. He also inspected the culvert under Mason Avenue which he feels is worst than the 83rd Street culvert. The Council requested Larry Koshak to call Elk River Concrete Factory for culvert prices and also get installation prices for Felin Excavation to work with Dave Chase. This item is to be placed on the next City Council Agenda 7.3. Consider annroval of Water Conservatism Plan n CM Berning motioned to adopt the Water Emergency and Conservation Plan. Seconded by CM Heidner. All in favor. Motion carried. 7.4. Any other Engineering Business, CM Heidner said the Bike Path on Ohland Avenue, residents are concern that the snow plows will roll the grass back. The residents are also concerned that the runoff from the paths will go into their yards. Larry Koshak will check into this. 8. Andrew MacArthur, City Attorney- (Marcus Miller. Attorney will attend this meeting)- 8.1. ein )8.1. Discussion of State Regulations goverrLng EDA appointments, Marcus Miller and the Council discussed State Regulations. Mayor Fournier appointed himself and CM Wendel to a sub -committee to review and report back to the Council. 8.2. Any other legal husiness. None. 9_ CouncilItems: 9.1. A. Discussion of Peavey House Elaine Norin, Heritage Commission, encouraged the Council not to sell the Peavey House but to encourage the Heritage Commission to get funding to preserve this historic site. Elaine also said she doesn't see any reason not to rent it out. Joan Nichols, member of the Heritage Commission, encouraged the Council to give the Heritage Commission time to do their evaluation of this site. Mayor Fournier motioned for Jerry Olson, Building Official, to get estimates for fixing the Peavey House for renting and to direct the Heritage Commission to explore getting a grant to restore the Peavey House and to report back to the Council in six (6) months. Seconded by CM Heidner. All in favor. Motion carried. Note: If the Peavey House is rented out it would be for short term. City Council Meeting of October 12, 1998, cont'd. Page 5. 5.1_ Consider Fire Service amount for 1999 Fire Service Contracts. CM Wendel stated she would like to see the same fire service amount set evenly throughout the City and not have different amounts for each fire department service area. Elaine Beatty went over the history of the fire service contracts with the different cities. CM Heidner motioned to approve the Fire Service amounts for the 1999 Fire Service Contracts. Seconded by CM Ackerman. All in favor. Motion carried. B. Any other Council Business. None 9.2. Mike Robertson* City Administrator - update. A. Set Final 1999 Budget Review Workshop Mayor Fournier set Thursday, November 12, 1998 4 PM for a Budget Workshop. 9.3. Elaine Beatty, City Clerk - u dp ate_ None. 9.4_ Consider Claims List forapproval, CM Heidner motioned to adopt the Claims List as presented. Seconded by Mayor Fournier. All in favor. Motion carried. 9.5_ Closed meeting for Attorney./Client Privilege with Attorney Marcus Miller. CM Heidner motioned to close the City Council Meeting for Attorney/Client Privilege. Seconded by CM Ackerman. All in favor. Motion carried. Meeting closed at 9:50 PM. Attending the closed meeting was: Mayor Larry Fournier, CM Ackerman, CM Berning, CM Wendel, CM Heidner; City Administrator Mike Robertson; City Clerk/Zoning Administrator Elaine Beatty; Deputy Clerk/Treasurer Judy Hudson; Assistant City Attorney Marcus Miller. CM Heidner motioned to re -open the City Council Meeting. Seconded by CM Ackerman. All in favor. Motion carried. Meeting re -opened at 10:33 PM. 9.6. Adjourn by 10 PM. Judy Hudson a copy of the attached letter from Sherry Schliesing of Wright County Court Services. She requested use of the City Hall to meet probationers. The Council agreed not to allow this because of the impact to staff. Mike Robertson was directed to write a letter informing Ms. Schliesing of this. CM Ackerman motioned to adjourn. Seconded by Mayor Fournier. All in favor. Motion carried. Meeting adjojxTed at 1p:39 ournier Attest: Elaine Beatty, City Clerk/Zotg Adm. Recorded by: Judy Hudson, Deputy CIL4k