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05-26-98 CCCITY OF OTSEGO WRIGHT COUNTY, MINNESOTA CITY COUNCIL MEETING 6:30 PM COUNCIL CHAMBERS OTSEGO CITY HALL MAY 26, 1998 1. Mayer Larry Fournier will call meeting to order: Mayor Fournier called the May 26, 1998 City Council Meeting to order at 6:30 PM. a. Pledge of Allegiance- Mayor ll .gin . .Mayor Fournier led in the Pledge of Allegiance. b_ Roll Call_ Mayor Larry Fournier; Councilmembers: Virginia Wendel, Mark Berning, Vern Heidner, Suzanne Ackerman. Staff: Mike Robertson, City Administrator; Elaine Beatty, City Clerk/Zoning Administrator; Judy Hudson, Deputy Clerk; Dan Licht, Assistant City Planner; Andrew MacArthur, City Attorney, John Harwood, City Engineer, Also attending from Couri, MacArthur Law Firm was Marcus Miller. 2. Consider agenda approval - CM Berning requested the removal of Item 5.1. from the Consent Agenda and placed under Item 9. La. and the addition of Item 9.1.c. Community Rec. Policy Update. Mayor Fournier requested the addition of Item 8.1. Discussion of ISTEA Bike Path, addition of Item 9. Ld. Expansion of parking in the Otsego County Park. CM Ackerman motioned to approve the May 26, 1998 City Council Agenda as amended. Seconded by CM Wendel. All in favor. Motion carried. 3. Consider Minutest a_ Regular Council Meeting of May 11,1998 CM Wendel requested that her comment of disagreeing with the tree requirement for Lin - Bar Estates be included in the minutes. CM Berning motioned adoption of the May 11, 1998 City Council Minute as amended. Seconded by CM Wendel. All in favor. Motion carried. b. Special Council Meeting of May 4, 1998 CM Berning motioned adoption of the Special Council Meeting Minutes of May 4, 1998. Seconded by Mayor Fournier. All in favor. Motion carried. 4. Onen Fon= 4.1. Any Open Fenim Dave Sederberg, 14930 Ogren Place. He questioned the cost of the enhanced drainage system on 96th Street in conjunction with the ISTEA Bike Project. John Harwood explained this enhanced drainage system would be an upgrade in this project. There is a deep ditch on the north side of 96th. The bike path will make this ditch shallow. The enhanced drainage system would be a pipe system. This upgrade is estimated at $9,500. City Council Meeting of May 26, 1998, cont'd. Page 2. Mr. Harwood explained he would present a change order to the State. If approved by the State, 80% of this upgrade would be paid from the ISTEA Grant. Gary MacRunnel, 8886 Ogren Ave NE. He discussed three issues. 1. Speed of Vehicles on City Streets. Mainly by teenagers going in excess of 50 MPH with concern of safety of children. 2. Car with loud music and abrasive language. 3. Otsego's Law Enforcement. He has called the Sheriffs Office several times and expressed disappointment in their response time. He encouraged the Council to look at other communities for contracting police services. Mr. MacRunnel requested a 30 MPH Speed Sign at Ogren and 89th Street and also a Watch for Children Sign. The Council discussed these concerns and directed Mike Robertson to contact the Sheriffs Office. Valerie Bock, 14913 92nd Circle. She addressed the Council with her concerns on the bike path. She would like to see the bike path closer to the road. Concern with the speeding on Ohland Avenue and this bike path crossing County Road 39. The Council directed John Harwood to contact the County and address these concerns to them for the bike path crossing CSAH 39. Rob Skurka, 14956 96th Street. Mr. Skurka stated concerns with the drainage situation and requested a stop sign at Ohland, Ogren and 96th Streets. Mr. Skurka also asked if the bike path could abut 96th Street and if the bike path entrance to the park could be lighted. Mr. Harwood explained the City has a 80 foot ROW along Ohland Avenue which is where the bike would be located. Develo ep rs Agreement requirement for 5 - 4" trees/ guaranteed. Mr. Christian did not attend this meeting as he has applied for a PUD Amendment. 5. Consent Agenda 5.1. Set a workshop date for review of Sewer and Water Plans and Specifications for line system for Tuesday., June 16. 1998 at 6:30 PM. This Item was removed from the Consent Agenda and placed under Item 9.1.a. 6. Dan Licht, Assistant City Planner 6-L Consider Joel L. Kolles and Jeaneen M. Kolles. 8925 Mason Avenue NE PID 118-500-192101 a 8941 Mason Avenue NE, S 19. Tl 21, R23, Request is as follows4 Conditional Use Pen -nit to allow a residential• sectionthan 2-5 acres in A- I Zone as pat of a one per quarter -quarter • •n- (Lot line adjustment • .•• 1.60 acres for•• total- of • D. over report. City Council Meeting of May 26, 1998, cont'd. Page 3. CM Heidner motioned to approve the Conditional Use Permit to allow the establishment of a one per quarter -quarter section division lot size of 2.99 acres within an A-1, Agricultural Rural Service District subject to the 12 conditions listed in the Findings of Fact. Seconded by CM Ackerman. All in favor. Motion carried. 6.2. Consider John Daniel's Long Haul Trucking Inc_ PO Box 267 Albertville (Otsego) PID 118-132-001010 L 1 B 1 and L2 B 1 Otsego Industrial Park S34 R121 R24 (65th St. NE and Kadler Ave NE South of I-94_ Request is for rezoning and site anrn�n oval. Dan Licht went over report. Jack, RJ Ryan Construction, requested allowance of bituminous curb rather than concrete curb for the west side of parking lot because of future expansion. 1. Rezone I.1 R 1 Otsego Industrial Park from TNS (Institutional Zoning District) to I- (General Industrial District). CM Berning motioned to rezone L1 B1, Otsego Industrial Park, from INS (Institutional Zoning District) to I-2 (General Industrial District). Seconded by CM Heidner. All in favor. Motion carried. 2. Vacation of the Platter) Drainage Easement that lies on the North end of L.2 B 1 Otsego Industrial Park. (Drainage easement has been provided for elsewhere on1p at)" CM Berning motioned to vacate the Platted Drainage Easement that lies on the northern portion of Lot 2, Block 1, Otsego Industrial Park, subject to the four conditions listed in the Findings of Fact. Seconded by CM Heidner. All in favor. Motion carried. 3. Review site and building plans for Otsego Industrial Site Warehouse/Office Bldg. (Apex Business Center). CM Heidner motioned to approve the site/building plans for Lot 2, Block 1 of the Otsego Industrial Park subject to the 13 conditions listed in the Findings of Fact, with modifying Condition 6 to allow bituminous curb on the west side of the parking lot and modifying Condition 10 to include approval by staff and for Condition 13 to include a Developer's Agreement. Seconded by CM Ackerman. All in favor. Motion carried. There were no additional planning items. 7. Andrew MacArthur, City Attorney The meeting was not closed for the following discussion since it is a proposal. 7.1. Consider Tax Abatement Agreement with Apex Business nt .r_ Mike Robertson, went over his May 13, 1998 Memo on the Apex Business Center Tax Rebate Request. This memo outlines what APEX is requesting for a tax rebate. After lengthy Council discussion the following action was taken: City Council Meeting of May 26,1998, cont'd. Page 4. 7.2. City Council Consider Tax Abatement Agreement with Apex B Center- CM enteLCM Wendel motioned for a tax rebate offer of 3.75% of the total building assessed value at the end of the first year at 30% of city taxes per year. Seconded by CM Heidner. Voting For the Motion: Mayor Fournier, CM Heidner, CM Ackerman, CM Wendel. Voting Against the Motion: CM Berning Motion carried four (4) to one (1). Mike Robertson will contact Apex representatives with this offer. 7.3. Any other Legal Business There was none. 8. John Harwood, City Engineer. Mr. Harwood reported on the recent meeting held with residents along the bike path that is currently being constructed. The residents on Ohland Avenue were upset because they felt they weren't informed about this project. The residents on 96th Street were also upset on the tree removal. Mr. Harwood said they trying to save as many trees as possible. The enhanced drainage system previously discussed is estimated at $9,500. Mr. Harwood also stated he doesn't see a problem with putting a stop sign at 96th and Ohland and Ogren Place. The street light request would require moving the current private street light and making it city property. Paul Bock, 14913 92nd Circle. Mr. Bock asked if this bike project is all federally funded, if path has to be 10 feet wide and two feet off the road. He also stated that he feels the City has been irresponsible in approving this project prior to informing him of this project. They moved in four years ago and didn't know about this. Mayor Fournier explained the majority of the project is funded by federal funds, and that the City's portion of this project comes out of the Park and Trail Developers Fee and not the General Fund. Mr. Harwood explained the construction requirements of the path. CM Wendel stated the path is being constructed in the City's Right of Way and not intruding on any private property. Jan Solorz, 14911 Ogren Place NE. She stated she is opposed to the bike path as she feels she will be liable for children going into her yard. She asked if there will be a fence installed. The Council agreed to leave the bike trail placement as is except to vary it where possible to save as many trees as possible. The Council agreed for a stop sign at Ohland, 96th Street and Ogren Place. The cost of this sign should not come out of the Park Fund. There was no decision regarding the private street light. Mayor Fournier motioned for the City Engineer to initiate a Change Order applying for ISTEA Funding for the enhanced drainage system along 96th Street Bike Path. If ISTEA denies this funding, than this project is to be funded from the Park and Trail Fees. Seconded by CM Berning. All in favor. Motion carried. City Council Meeting of May 26,1998, cont'd. Page 5. Mr. MacArthur explained any liability issues will be the City's since the path is in the City's ROW. Mr. Harwood stated there is no fencing proposed to be placed adjacent to the path. Mayor Fournier noted residents can install fences on their property. 9. Council Items: 9.1_ Any Council Business - a_ Plans for Collection System and Well will he provided to the Council for their review on Mondaynight-(Engineer Harwood will not he at the meeting). 5.1. Set a Workshon date for review of Sewer and Water Plans and Specifications for pipe system -(Removed from Consent Agenda). Mr. Harwood distributed the Plans and Specs. Mayor Fournier set a City Council Workshop for Tuesday, June 9, 1998, 6:30 PM. h_ Discussion of the triangle piece of property next to school re: Park & Recs. Mayor Fournier stated he feels the motion made at the last Council Meeting (May 11, 1998) should include that when this piece of property is developed that is when the Park and Trail Fund should reimburse the General Fund the value. CM Heidner gave a brief background of how the City acquired this piece of property. The design of the trail takes 1.3 acres, therefore the Park and Trail Fund needs to pay the City $10,000 for the trail. The City ends up with 2 acres for the well and pays the $20,000 for that share (purchase price was $30,000). Mike Robertson said he has talked to the City Accountant, Gary Groen, who will be putting together a report of the Park and Trail Budget. He suggested the Council wait for this report before deciding anything on this issue. C. Community Rec_ Policy Update, CM Berning updated the Council on a proposed change to Community Rec. Policy which is that any staff member participating with other Community Groups can do so but just at a communication level as to prevent any conflict of interest. d. Parking Lot expansion in the Otsego County Park. Mayor Fournier directed Mike Robertson to send a letter to the County regarding the shortage of parking in the County Park and because of this there is parking on city streets which presents a safety issue. 9.2. Mike Robertson,City Administrator - gate. a. Discussion of Celebration Ordinance. The Council decided to carry this over to the next City Council Meeting. h. Discussion of Cracksealingpr ;iect. The Council wants a recommendation on this from David Chase and Mike Robertson. 9.3. Elaine Beatty, City Clerk - update. Elaine Beatty said she had been contacted from a resident requesting a stop sign on 96th Street between Parrish and Park Avenues. Also, this person complained the Sheriffs Office isn't patrolling enough. Mayor Fournier directed Mike to follow up on this with the Sheriff's Office. City Council Meeting of May 26,1998, cont'd. Page 6. 9.4. Consider Claims list for annroval. CM Heidner motioned to approve the Claims List with the exception of the Hakanson, Anderson Invoice since the Sewer Trunk and Potable Water Plans and Specs are not 100% complete. Seconded by CM Ackerman. All in favor. Motion carried. 9.5. City Attorney will request a closed session of the Council under Attorney Client privilege The City Attorney, Andrew MacArthur, requested a closed session, under Attorney Client Exception to the Open Meeting Law. On Motion, the Council Meeting was reopened. CM Heidner motioned to close the City Council Meeting. Seconded by Mayor Fournier. All in favor. Motion carried. Closed at 10:10 PM. 9.6. Adiourn by 10 PM. CM Berning motioned to adjourn the meeting. Seconded by Mayor Fournier. All in favor. Motion carried. Meeting adjourned at 10:58 PM. Mayor L y Fournier Elaine Beatty, City ClerWoning Adm. Recorded by: Judy Hudson, Deyuty Clerk City Seal CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA CLOSED CITY COUNCIL MEETING COUNCIL CHAMBERS MAY 26,1998 The City Attorney, Andrew MacArthur, requested a closed session under the Attorney Client Exception to the Open Meeting Law. Roll Call: Mayor Larry Fournier; Councilmembers: Suzanne Ackerman, Virginia Wendel, Vern Heidner and Mark Berning. Staff: Mike Robertson, City Administrator; Elaine Beatty, City Clerk/Zoning Administrator; Judy Hudson, Deputy Clerk; Andrew MacArthur, City Attorney; Marcus Miller, Assistant City Attorney. Meeting arted at 10:10 M and ended at 10:58 PM. Q�L- ayor Fo 'er Recorded by: City Seal Adm. rk