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05-11-98 CCCITY OF OTSEGO WRIGHT COUNTY, MINNESOTA CITY COUNCIL MEETING 6:30 PM COUNCIL CHAMBERS OTSEGO CITY HALL MAY 11, 1998 1 Mayor I.a= Fournier will call meeting to order: Mayor Fournier called the City Council meeting to order at 6:30 PM. Mayor Fournier led in the Pledge of Allegiance. b. Roll Call_ Mayor Larry Fournier; Councilmembers; Mark Berning, Virginia Wendel, Vern Heidner, Suzanne Ackerman. Staff: Mike Robertson, City Administrator; Elaine Beatty, City Clerk/Zoning Administrator; Judy Hudson, Deputy Clerk; Andrew MacArthur, City Attorney, John Harwood, City Engineer. Absent: Dan Licht, Assistant Planner. I Consider agendalirn oval. CM Wendel requested an addition under Item 9., The EDAAC Meeting Minutes. Mike Robertson requested the addition under Item 7.3. Consideration of the proposed Resolution authorizing Eminent Domain for the Wastewater Treatment Collector System and Water System. Mayor Fournier requested under Open Forum 4.1.a. APEX Building Center requesting TIF. CM Berning motioned adoption of the May 11, 1998 City Council Agenda as amended. Seconded by CM Heidner. All in favor. Motion carried. I Consider Minutes- a- Regular Council Meeting ofApril2Z. 1998 - CM Heidner motioned adoption of the April 27,1998 City Council Meeting Minutes. Seconded by CM Berning. All in favor. Motion carried. b Board of Review (Continuation of April 27, 1998). CM Heidner motioned adoption of the Continuation of the Board of Review of April 27, 1998. Seconded by CM Berning. All in favor. Motion carried. 4. Open Forum: 4-1- Any Open Forum- 4-1 orum.4 1 a APEX Center (Otsego Industrial Park). John Sitarz, Partner of APEX Center, 142 Old Constant Blvd., Andover. Mr. Sitarz requested the Council consideration of Tax Increment Financing for the APEX Business Center they are proposing to be located in the Otsego Industrial Park. City Council Meeting of May 11, 1998, cont'd. Page 2. Mike Robertson, City Administrator, referred to his Memo of May 11, 1998 in regards to Tax Increment Financing Incentives for Long Haul Trucking. Mr. Robertson briefly went over the TIF requirements. He recommended to the Council that he and the partners of APEX meet. Mr. Sitarz agreed to set up a meeting. Bill Christian, Christian Builders. Mr. Christian requested the Council to reconsider the requirement of the five four inch trees per lot as a condition required in the Developer's Contract for Lin -Bar Estates. He has had great difficulty with this requirement. The trees are very expensive, hard to find and difficult to find any landscaper who will warranty them. He encouraged the Council to come up with something more reasonable. He said he has lost two sales because of this tree requirement. There is a $1,000 Landscaping Escrow required and they are considering paying the $1,000 and let the City put the trees in. Mr. Christian also asked if any trees currently on the lots qualify. Mr. Christian offered an alternative of two or three new trees (2.5" caliper) and uniform mailboxes (cedar, 8 feet tall, wood pockets and will replace current owners mailboxes). The Council pointed out this higher requirement was done because this was a PUD zoning and a benefit to the developer. Mr. MacArthur explained that the developer was told to bring to the City evidence that this requirement doesn't work. Also, this tree requirement is a condition of the PUD and if the Council wishes to change it, the PUD Amendment process would have to be followed. It was the consensus of the Council that they would be willing to review other options but they need to be comparable in value. 5Consent Agenda_ 5-1- Annrove Traut Wells Final 12ayment (SPP attached information). 55.2_ Anorove City Resolution to re -designate County Road 118 as a 6ounjy State Aid Highway (CS, AH). CM Berning motioned to approve the Consent Agenda. CM Heidner seconded. All in favor. Motion carried. 6 Dan Licht, Assistant City Planner. Since there were no planning items on the agenda, Mr. Licht was not in attendance. 7 Andrew MacArthur, City Attorney. 7.1. Discussion of contract with Dayton for Wastewater Treatment Mr. MacArthur stated the Council that Mayor Forseyth will be contacting Mayor Fournier to set up a meeting. Some issues they want to discuss is the language regarding the easement to Dayton, the issue of when they provide payment and the two year termination notice. City Council Meeting of May 11, 1998, cont'd. Page 3. 7-2- Consider Assessors Contract, Mr. MacArthur reviewed the proposed contract. This contract language is for part time employment. The only additional benefit the assessor would receive is Worker's Compensation. Benefits received prior to this contract would remain the same. The contract also requires re -negotiation every year. The Council requested to change Item 5 to reflect the city will pay mileage only for the seminars. Item 3 should reflect the agreed upon per parcel price of $6.75. Under Item 10 leave off the termination date and have this an on-going contract and just the assessor's wage is to be negotiated annually. CM Heidner motioned for the Mayor and City Clerk to enter into the Assessor Contract with Andrew (Pete) Merges modified to include the above changes. Seconded by CM Ackerman. All in favor. Motion carried. 7.3. Any o h xal Bal B siness- 7 3 L Resolution authorizing Eminent Domain - Wastewater Treatment Collector System and Water System John Harwood went over the attached map showing the permanent and temporary easements for the wastewater collector and potable water systems. The Council discussed in addition to these easements to also get an easement for utility and drainage easements at the same time. Mr. Harwood estimated these additional easements would require an additional 25% more land. CM Heidner motioned to adopt Resolution No. 98-14 authorizing procurement of Land Parcels, Permanent Road Easements, Utility Easements, Along With Necessary Temporary Construction Easements. Seconded by CM Wendel. CM Berning motioned to amend the motion to include drainage easements (east and north of CSAH 42). Seconded by CM Ackerman. Discussion: CM Heidner stated concerns supporting this motion not knowing the additional costs and not knowing when development will occur. CM Berning supports the motion since it is only 25% more now but would cost probably twice as much in the future. Also it would support and help industrial and commercial growth. Voting For the Amended Motion: CM Wendel, CM Ackerman, CM Berning Voting Against the Amended Motion: Mayor Fournier, CM Heidner. Amended Motion carried three (3) to two (2). Voting For the Motion: All in favor. Motion carried. 8 John Harwood, City Engin er.S 1 Review location of psun hp ouse Mr. Harwood went over the attached report which details the required setbacks. CM Ackerman motioned to keep the pump house site at the Selected Location Site designated as such on the attached Hakanson Anderson Assoc., Inc., map. Seconded by CM Wendel. City Council Meeting of May 11, 1998, cont'd. Page 4. CM Heidner motioned to amend the motion that since part of this land will become a city park that 50% of the cost ($15,000) be charged to the Park Budget. Seconded by Mayor Fournier. Voting For the Amended Motion: All in favor. Motion carried. Voting For the Motion: All in favor. Motion carried. 8.2. Award of Contract 1998 Bituminous Road Crack sealing. Mr. Harwood went over the bids. CM Berning questioned the need of crack sealing 80th and 85th Streets and Kadler Avenue (between 80th and 85th). He feels there are not that many cracks on these sections of street to require the 11,500 lb.. Crack sealing was done 3 years ago and should last 4 years. Mr. Robertson pointed out that the City will only be billed for the actual amount of materials used and recommended the Council approve the bid. CM Heidner motioned to award the 1998 Bituminous Street Crack Sealing bid to Daffinson Inc. for $28,800.00. Seconded by CM Ackerman. All in favor. Motion carried. John Harwood will review these streets and report back to the Council. 8.3. Any other Engineering Business. Mr. Harwood stated he will be bringing the Plans and Specs. for the Wastewater Collection and Potable Water Collection Systems to the May 26, 1998 City Council Meeting. 9. Council Items: 9.1. Any Council Business. A Consider Darlene Solberg's resignation from Park and Rec. Commission posi ion (See attached letter 4-28-981. CM Berning motioned to accept Darlene Solberg's resignation and to send her a letter of appreciation. Seconded by CM Ackerman. All in favor. Motion carried. B. EDAAC Meeting CM Wendel attended the April 30, 1998 EDAAC Meeting. She went over her attached notes from the meeting. Mike Robertson said he will be writing a memo to the EDAAC addressing their items of concern and requests. Elaine Beatty informed the Council that Christian Mbanefo will not be able to be a full time Planning Commission Member since he would not be able to attend all the meetings. He requested the alternate position. CM Heidner motioned to place Ing Roskaft as full time Planning Commission Member and Christian Mbanefo as the alternate position. Seconded by Mayor Fournier. Discussion: CM Berning said the alternate should be attending all the meetings. City Council Meeting of May 11, 1998, cont'd. Page 5. Voting For the Motion: CM Wendel, CM Ackerman, CM Heidner, Mayor Fournier. Voting Against the Motion: CM Berning Motion carried four (4) to one (1). Staff was directed to check how the alternate member is paid. Mayor Fournier said, in regards to the EAW and Discharge Permit, that he contacted State Representative, Bruce Anderson. Representative Anderson said he is going to call the PCA and write them a letter. Mayor Fournier also contacted State Senator Mark Ourada. Senator Ourada is going to set up a meeting with the City of Otsego and PCA and himself. 9.2. Mike Robertson, City Administrator - update: A. Discussion of Community Rec. Participants Mike went over his report on Community Rec. participation of Otsego residents. The 4-H Club will be cleaning the Otsego Prairie Park in the next few days. B_ Update on Historic Preservation Commission Study Mr. Robertson went over his Memo dated May 5, 1998 regarding the Heritage Preservation Commission Study. Census Count Mike reported he received a report from the Minnesota State Demographer which estimates Otsego's population as of April 1, 1997 at 6,448. 9.3_ Elaine Beatty.,, City Clerk - update. Elaine Beatty went over the open positions on all of the Commissions as outlined in the attached report. 9.3.A. Judy Hudson, DeRuty Clerk - Preliminai; Clean Un Day Report. Judy went over her preliminary report from Clean Up Day. She should have a final count and expense within the next two weeks. 9.4. Consider Claims List fora approval, CM Heidner motioned to approve the Claims List with the exception of the OSI Invoice pending verification from staff on this item. Seconded by CM Ackerman. All in favor. Motion carried. 9.5_ Adjourn by 10 PM_ CM Ackerman stated she will be absent from the May 13th Workshop. CM Heidner said he will be gone for the May 20, 1998 Planning Commission Meeting. CM Wendel said she would attend. Mike Robertson said he will be gone May 21st. CM Berning motioned to adjourn. Seconded by Mayor Fournier All in favor Motion carried. Meeting adjourned at 9:38 PM. Meeting of May 11, 1998, cont'd. Page 6. Beatty, City Recorded by: Judy Hudson, Deputy Clerk City Seal