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12-13-99 CCCITY OF OTSEGO WRIGHT COUNTY, MINNESOTA CITY COUNCIL MEETING 6:30 PM COUNCIL CHAMBERS OTSEGO CITY HALL DECEMBER 13, 1999 1. Mayor Laay Fournier will call meeting to order - Mayor Fournier called the City Council Meeting to order at 6:43 PM. Mayor Fournier led in the Pledge of Allegiance. b. Roll Call_ Mayor Larry Fournier; Councilmembers: Virginia Wendel, Suzanne Ackerman arrived at 6:48 PM. Mark Berning arrived at 6:52 PM. Absent: Vern Heidner. Staff. Mike Robertson, City Administrator; Elaine Beatty, City Clerk/Zoning Administrator; Judy Hudson, Deputy Clerk; Andrew MacArthur, City Attorney; Dan Licht, City Planner, Larry Koshak, City Engineer. 2. Consider agenda al2j)roval CM Wendel requested to remove Item 5.1., 5.2., and 5.3. from the Consent Agenda and place under Item 7.2. for discussion. Mike Robertson requested to add under Item 7.2. Council Consideration of releasing Bauerly Brothers check. Mayor Fournier requested to add under Item 6.5.c. Public Hearing to Vacate existing utility easement at the Apex Building, add under Item 7.2. MnDOT letter regarding transportation funding, add under 9. l.d. Set an Administration Subcommittee Meeting, under Item 8.2. to set an EDA Meeting. CM Wendel motioned to accept the agenda as amended. Seconded by CM Ackerman. All in favor. Motion carried. 3. Consider minutes• a. November 1999 Regular City Council Meeting - Judy tingJudy Hudson distributed a revised page 5 of the November 22, 1999 Minutes. CM Wendel motioned to approve minutes as amended. Seconded by CM Ackerman. All in favor. Motion carried. b. Nov .mher 9. 1999 Special Assessment Hearing CM Wendel motioned to approve the minutes. Seconded by Mayor Fournier. All in favor. CM Ackerman abstained since she was not in attendance. Motion carried. 4. Open Forum 4.1. Any Op .n Forum No one appeared on Open Forum. 4.A. Special nr ..sentations There were none. City Council Meeting of December 12, 1999, cont'd. Page 2. 5. Consent Agenda Item 5.1., 5.2., 5.3., were removed and placed under Item 7.2. for discussion. 5.4. Approve Resolution 99-45 adopting Final Tax I.ew for 2000 CM Ackerman motioned to approve the Consent Agenda as amended. Seconded by CM Wendel. All in favor. Motion carried. 6. Dan Licht, CityPlanner- 6.1. Discussion of Backes Companies .s Sign_Request for "Crimson Ponds" Dan Licht presented the Planner's Report. The applicant was not present. After staff and Council discussion the following motion was made: CM Berning motioned for the Crimson Ponds Developer to apply for a Conditional Use Permit and specificity state the length of time they want the sign up. Seconded by CM Ackerman. All in favor. Motion carried. CM Wendel stated concern with putting a time limit on the sign since it isn't known how long it will take to build out the development. 6.2. Consider appli ant/owner Clark M and Vera F Pr sl r of 14292 NE 85th St_, PID 118-031-001050 request of,• a. Conditional Use Permit to allow relocation of an existing home_ Dan Licht went through the Planning Report dated November 23, 1999. Larry Koshak recommended to the Council that a retaining wall be installed to prevent erosion because of the steep hill and closeness of home to the adjacent lot. The applicant, Clark Presler, said he plans on building a retaining wall to correct the erosion problems. CM Berning motioned to approve the Conditional Use Permit to allow relocation of an existing single family structure to 14292 NE 85th St. (Lot 5, Block 1, Vassuer's Oak Grove Estates) subject to the six conditions listed in the Findings of Fact. Seconded by CM Wendel. All in favor. Motion carried. 6.3. ApnLicantt/owner for Otsego industrial Park Inc-, John Daniel's President (PID 118-132-002030 following request* a_. PreliminaOffinal Plat (Replat) to divide Lot 3, Block 2. Otsego Industrial Park as Lots s t and 2. Block 1, Otsego Industrial Park 4th Addition, Dan Licht presented the Planning Report. CM Berning motioned to approve the Preliminary and Final Plat to re -plat Lot 3, Block 2 of the Otsego Industrial Park into two separate lots as Lots 1 and 2, Block 1, Otsego Industrial Park 4th Addition subject to the four conditions listed in the Findings of Fact. Seconded by CM Ackerman. All in favor. Motion carried. 6.4. Applicant/owner for Otsego Industrial Park, Inc-, John Daniels Present ( 18-13 -002020 following reQ s a_ Conditional use. Perinit Amendmentto allow a Fuelin,g Facility as an accessory use to truck service - b, rvib_ Site and Building Plan Review - Dan viewDan Licht presented the Planning Report. Larry Koshak stated he objected to the additional access proposed because of drainage problems. He also stated he feels this City Council Meeting of December 12, 1999, cont'd. Page 3. property needs a NURP Pond for stormwater quality improvement. Roger Anderson, design engineer for the project, went over the following issues: Access Issue: From a trucking standpoint, a more favorable way to bring trucks in and keep the flow moving would be with another access, and with the drainage issue corrected they would like to install the additional driveway. NURP Ponding: Mr. Anderson feels that the regional stormwater pond functions as a NURP Pond and complies with current City criteria. Curbing: They are proposing not to put curb in since they feel the current way is working. Drainage: Mr. Anderson said the information they provided the City Engineer was incorrect and he provided a revised drawing. Larry Koshak stated he would like to review information with the corrected drawing from Roger Anderson. John Daniels explained there will be 25 to 30 trucks a day using this facility. These will mainly be his trucks. There will also be a 4,000 gallon gas pump in addition to the 12,000 gallon diesel tanks. CM Wendel motioned to Conditional Use Permit Amendment allowing a Fueling Facility and accessory use to the truck services subject to the 10 conditions listed in the Findings of Fact and subject to the City Engineer's approval. Seconded by CM Ackerman. CM Berning motioned to amend the motion to include that curb and gutter be placed on all the new surrounding parking lot and any needed for the filling station. Seconded by CM Ackerman. All in favor. Motion carried. Voting For the Motion: All in favor. Motion carried. 6.5. Applicant/owner for Otsego Industrial Park, Inc John Daniel, President 1118-132-001010, 118-132-001020, Block 2 Lot 2, Otsego Industrial Park, Inc. following request* a. Preliminary and Final plat/Administrative Combina ion of Lots 1. 2. Block 1. Otsego I industrial Park into Lot 1. Block 1. Industrial park 3rd Addition b_ Site and Rnild'ng Plan review of Anex Proposed Addition Dan Licht presented the Planner's Report. Larry Koshak went over his Engineering Report and recommendations. After City Council discussion with staff and applicant, the following motion was made: CM Wendel motioned to approve the expansion of the Apex Business Center, including administrative combination of Lots 1 and 2, Block 1 of the Otsego Industrial Park as Otsego Industrial Park 3rd Addition subject to the County Highway Engineer's input on moving the southern driveway location 200 feet from the County Road. Seconded by Mayor Fournier. Voting For the Motion: Mayor Fournier, CM Ackerman, CM Wendel. Voting Against the Motion: CM Berning. His concern was with a County Engineer giving input on a City Street. Motion carried three (3) to one (1). 8.2. Hearing for Anex_ Vacation of existing drainage and iltifi.y easements previously_ platted City Council Meeting of December 13, 1999, cont'd. Page 4. within Lots 1 and 2. Block 1 of Otsego Industrial Park Mayor Fournier opened the Public Hearing at 8: 47 PM. Elaine Beatty stated the proper noticing and publishing was done. There was no Public Comment. CM Berning motioned to close the Public Hearing. CM Ackerman seconded. All in favor. Motion carried. Public Hearing closed at 8:49 PM. CM Berning motioned to approve Resolution 99-46 vacating of drainage and utility easement previously platted within Lots 1 and 2 of Block 1 of Otsego Industrial Park. Seconded by CM Wendel. All in favor. Motion carried. Mr. MacArthur advised the Council if the Council agrees to the tax abatement for L1, Block 1, Otsego Industrial Park 3rd Addition a EDA Meeting should be set. Mr. MacArthur said the agreement appears okay from a legal standpoint and a decision on the terms should be made by the EDA. Mike Robertson noted a few minor changes in the agreement and he will work with John Gries. Mayor Fournier set December 27, 1999 PM, 6:30 PM for the EDA Meeting. 7. Larry Koshak, CityEngineer- 7-1- gineer_ 7.1 _ Discussion of securing the Otsego Water Tower Site Larry Koshak went over his recommendations. Mayor Fournier motioned for the City Engineer to get quotes for a security system. CM Wendel seconded. All in favor. Motion carried. 5.1. Approve Payment No_ 7, Gridor Construction for $171-107-00 Mike Robertson reviewed the Invoice. CM Berning motioned to approve Payment No. 7, of $171,107 payable to Gridor Construction. Seconded by CM Ackerman. All in favor. Motion carried. 5.2. Consider Pay Estimate #6 to Barharossa & cons $224.566-47- Mike 224 566"47.Mike Robertson went over the Invoice. CM Wendel motioned to approve Pay Estimate #6 for #224,566.47 to Barbarossa and Sons. Seconded by CM Ackerman. All in favor. Motion carried. 5.3_ Consider Pay Estimate $2 to LaTour Construction $597,202.70. CM Berning motioned to approve Pay Estimate #2 to LaTour Construction in the amount of $597,202.70. Seconded by CM Ackerman. All in favor. Motion carried. 7.2. Any other Engineering_Business- 2. sines a. MnDOT letter - on Transportation Funding - Mayor Fournier distributed the attached letter. Larry Koshak explained this is the ISTEA Program. He suggested to start applying next year for a City project for year 2005, possibly 85th Street. b. Ba ierlys Brothers Construction Check Both Larry Koshak and Mike Robertson reviewed the Overlay Project. CM Berning motioned to released the check issued to Bauerly Brothers. Seconded by CM Wendel. All in favor. Motion carried. City Council Meeting of December 20, 1999, cont'd. Page 5. CM Berning questioned the City Engineer and City Planner on how much it would cost to put a water tower and a holding tank for waste in the "triangle" south of I-94 and any complications and is it worth it. CM Berning said since the City has been told we won't receive sewer from Albertville, and there is potential development in the "triangle", he feels the City should look into other options. The Council agreed for Larry Koshak to prepare what it would cost for the Feasibility Study and to use the City Planner if needed. C. 78th Street Construction U12date. Mike Robertson updated the Council on the construction schedule. He informed them that 78th Street will not be open to regular traffic this winter. Larry Koshak said he is trying to promote common trench for utilities in the new developments which is cheaper for the developer and saves space for the City. He would like to see the City have a Policy or Ordinance on this. The Council agreed to have a Special Utility Ordinance Workshop on this on January 31, 2000 at 7 PM. 8. Andrew MacArthur, City 8.1. Consideration of Wright Hen en pin Billing Agreement Mr. MacArthur reviewed the Agreement which he said is acceptable except he questioned if reading and billing commercial should also be included. Mayor Fournier also asked how much extra money for dispatching service. Mr. MacArthur also questioned if additional charges of storm water impact fees could be included on billing. Mayor Fournier directed staff to get the answers and place this back on the December 27, 1999 City Council Agenda. 8.3. Any other Legal Business- 9 - Q 9_ Council Ttems- 9.1_ Any Council Bus1nPCC a. Discuss Rivers of Hope letter of November 18, 1999 The consensus of the City Council was not to contribute. b. Adoption of 2000 Budget- Mayor udgesMayor Fournier motioned to approve the additional pay increases for Carol Olson and Rick Knutson and to take this amount out of the Council Contingency Fund. Seconded by CM Ackerman. All in favor. Motion carried. CM Berning motioned to adopt the 2000 Budget. Seconded by CM Ackerman. All in favor. Motion carried. C. Request for Assessment Deferment - CM f rm ntCM Berning motioned to grant the Senior Deferment to Viola Wirtz for the 1999 Bituminous Improvement Project as outlined in the attached Deferment Request. Seconded by Mayor Fournier. All in favor. Motion carried. City Council Meeting of December 13, 1999, cont'd. Page 6. d. Set a Public Works Subcommittee Meeting. A Public Works Subcommittee Meeting was set for January 3, 2000 at 4 PM. e. Discussion of LMC Leadershil2 Conference for experie officials - CM Ackerman requested to attend. The Council requested staff to propose to the County that Otsego will maintain the street light if they would install the light. Mayor Fournier also asked staff if there is a proposed street light included in the project for the intersection at 85th and Odean and to report back at the next City Council Meeting on December 27, 1999. CM Ackerman said a member of the EDAAC asked if the recent signs installed advertising the City's Water and Sewer availability could be lighted. Mike Robertson will check into this and report back. 9.2. Mike Robertson- City Administrator - update: a. Park Board request o purchase bleachers CM Berning motioned approval of purchase of additional bleachers to come out of the Park and Trail Fees. Seconded by CM Ackerman. All in favor. Motion carried. b. Any other Administrative Bucinacc Mike Robertson reported neighborhoods in Otsego have inquired if Neighborhood Watch Signs could be ordered through the City. Mike went over costs. CM Wendel motioned to order 25 signs and sell back to neighborhoods requesting them at cost. Seconded by Mayor Fournier. All in favor. Motion carried. 9.3. Elaine Beatty - City Clerk - update. Elaine reported there have been 63 payoffs of the 1999 Bituminous Overlay Assessments. 9.4. Judy Hudson.Deputy City Clerk - update None. 9.5. Consider Claims List for apnroval CM Wendel motioned to approve the Claims Lists. Seconded by Ackerman. All in favor. Motion carried. CM Berning motioned to adjourn. Seconded by Mayor Fournier. All in favor. Motion at 10:37 PM. Elaine Beatty, City Clerk/Zoni4Administrator Recorded by: Judy Hudson, Deputy Clerk City Seal