11-24-08 CCITEM 3-2
OTSEGO CITY COUNCIL MEETING
OTSEGO CITY HALL
NOVEMBER 24, 2008
6:30 PM
1. Mayor Jessica Stockamp will call the meeting to order.
Mayor Stockamp called the Council meeting to order at 6:30 PM.
Roll Call: Mayor Jessica Stockamp; Councilmembers: Vern Heidner, Tom Darkenwald,
and Dan Scharber. CM Mark Thorsted was absent.
Staff: Mike Robertson, City Administrator; Judy Hudson, City Clerk/Zoning Administrator;
Andrew MacArthur, City Attorney; Dan Licht, City Planner; Ron Wagner, City Engineer; Gary
Groen, Finance Director and Brad Belair, Public Works Supervisor.
Pledge of Allegiance: Mayor Stockamp led with the Pledge of Allegiance.
2. Consider agenda approval.
City Administrator Mike Robertson requested to add item 12.2 League Conference. City Attorney
Andy MacArthur requested to move up item 9.1 Quantrelle Avenue Assessment to 4.2 and move
item 10.1 Liquor Violations to 6.1.
CM Heidner motioned adoption of the agenda as amended. Seconded by CM
Scharber. All in favor. Motion carried.
3. Consider the following minutes.
3.1. November 10, 2008 City Council Minutes.
CM Scharber motioned adoption of the minutes as written. Seconded by CM
Heidner. All in favor. Motion carried.
4. Open Forum: (5 minute limit)
4.1. Certificates of appreciation.
Mayor Stockamp thanked Andrew Fields for his volunteer work as McGruff work at the Otsego
Carnival.
No one appeared on Open Forum.
5. Consent Agenda. (Non -controversial items).
5.1. Approve Claims List.
5.2. Received October 8, 2008 Park and Rec Commission Minutes.
5.3. Received October 14, 2008 Police Commission Minutes.
5.4. Nova Communication Maintenance Agreement.
5.5. Approve an Ordinance amending the Businesses and Licenses section of the City
Code relating to 3.2 malt liquors.
5.6. Consider 2009-2010 Assessment Contract.
5.7. Consider 2008 Audit Agreement.
CM Scharber motioned to accept the Consent Agenda. Seconded by CM Darkenwaid.
All in favor. Motion carried.
City Council Meeting November 24, 2008. Page 2.
6. Unfinished Business.
6.1. Liquor Violations.
City Attorney MacArthur said they received notice from the County that there were two
violations. Riverwood National Golf Course, its first violation, and Riverview Liquorette, which is
their 3rd violation
Chris Bulow, Riverwood National Golf Course, said they have two liquor licenses and they
passed at Vintage Golf Course. They have had all employees train at the County and tried to
train as much as they can. They contacted several surrounding cities for their penalties and he
read them which for the most part were lower than Otsego's. They have been checked before
and have passed and feel the penalties are not in line with other cities. He would like the city
to revisit the penalty in the ordinance. CM Darkenwald asked about fine for first violation. Dan
said the first violation is $1,000.
Jill Hylla, Wright County, said they do compliance checks twice a year and if someone fails, they
go back a third time. She said they have the kids show their licenses as most people feel if they
show the license they are legal. They let every business know at the beginning of every year
that there will be compliance checks. The kids they use are 17 and 19 years old. The County
started doing checks in 2001. CM Heidner asked when someone sells to a minor does the
person selling get a ticket. Jill said yes it is a Criminal misdemeanor and seller has 2 court
appearances and a fine or jail. She said Otsego had fewer violations than other communities
and she doesn't know why.
CM Darkenwald motioned to adopt Resolution 2008-72 with a penalty of $1,000.
Seconded by CM Scharber. All in favor. Motion carried.
Riverview Liquorette, Owner Patricia Phillips read a statement. Her employee did request ID but
didn't read it correctly; she and Tim accept responsibility for compliance failure. They feel they
have supplied the proper training and done what they are required to do. They also have a
scanner in the store, and read what they have posted. They have placed their employee on
probation and scheduled additional training and feel this mistake will make her a better
employee and she has learned if she fails again she will be fired. They have caught minors
buying and have turned them over to Wright County for prosecution. They don't feel they
deserve to be shut down but understand the fines. The last two violations were in spring and
fall of 2006.
CM Scharber said if a business goes 24 months without a violation the cycle should start over.
This would make it their second offense. CM Darkenwald asked if they would be subject to the
current ordinance or would we have to amend the ordinance. Andy said use the current
ordinance but this is meant as a guideline. CM Scharber said the City Council should review this
ordinance. CM Heidner said he is willing to amend the days of suspension.
CM Scharber motioned to approve 2008-73, modifying it to $2,000 fine, best practice training
and a 3 day suspension at owner's discretion as long as it is done within 90 days. Seconded by
Mayor Stockamp. CM Heidner feels 3 day is not long enough. CM Scharber rescinded the
motion.
CM Darkenwald motioned to table a decision until 12-8-08 at a S PM Special City
Council Meeting. Seconded by CM Heidner. All in favor. Motion carried.
City Council Meeting November 24, 2008. Page 3.
7. Public Works. -
Brad Belair is ready for snow plowing. No other issues.
8. Dan Licht, City Planner.
8.1. Public Hearing on Establishment of a Special Service District.
Mayor Stockamp opened the Public Hearing at 8:06 PM.
a. Attest to legal notice.
Judy Hudson attested that all the proper noticing, publishing and posting was done.
b. Presentation of the proposed assessment.
Dan Licht presented his report on the proposed assessment.
C. Questions and/or comments.
Mayor Stockamp opened for Public comments at 8:09 PM.
Tim Phillips, Riverwood Liquorette, received notice but said he noticed they are not included on
the map. Dan Licht said the street lights located in Mississippi Shores are private lights.
d. Close the Public Hearing.
Mayor Stockamp closed the Public Hearing at 8:12 PM.
e. Adopt Ordinance 2008-22.
CM Scharber motioned to adopt Ordinance 2008-22 establishing policies and
regulations for the installation and operation of street lights. Seconded by CM
Heidner. All in favor. Motion carried.
f. Adopt Resolution 08-70.
CM Scharber motioned to adopt Resolution 2008-70 establishing the Otsego above
standard lighting special service district and approving 2009 special service charges.
Seconded by CM Heidner. All in favor. Motion carried.
8.2. Adopt Resolution 08-71 assessing unpaid administrative fines and service
charges related to properly maintenance abatement.
Dan Licht reported and distributed a corrected assessment roll.
Scharber motioned to adopt Resolution 08-71. Seconded by CM Heidner. All in
favor. Motion carried.
8.3. Adopt -a -Park Program.
Council directed Dan Licht to proceed with draft to revise the Adopt a Park Program.
9. Ron Wagner, City Engineer.
9.1. Public Hearing for proposed assessments Quantrelle Ave municipal utilities.
a. Attest to legal notice.
b. Presentation of the proposed assessment.
C. Questions and/or comments.
d. Close the public hearing.
e. Adopt Resolution 08-74.
Mayor Stockamp opened the Public Hearing at 6:46 PM. After discussion
CM Heidner moved to continue the hearing until January 12, 2009 at 5:30 PM, with
staff to provide a plan for testing the MWRA septic systems. Seconded by CM
Darkenwald. All in favor. Motion carried.
10. Andrew MacArthur, City Attornex.
10.1. Liquor violations. -MOVED to 6.1
City Council Meeting November 24, 2008. Page 4.
11. Council Items.
1.1.1. Review of Finance & Building Safety Career Development Plans.
Council agreed it is a good start.
11.2. Scharber and Sons invoice.
CM Darkenwald motioned to approve. Seconded by CM Heidner. All in favor. CM
Scharber abstained.
12,_Mike Robertson. Citv Administrator.
12.1. Update on Personnel Policies.
Mike requested an additional 30 hours for Sherrie Lee to finish the update of the Personnel
Policy.
CM Darkenwald motioned to approve up to 30 hours for Sherrie Lee. Seconded by
CM Scharber. All in favor. Motion carried.
12.2. League Conference for Elected Officials.
Mike said this is in the budget for the City Council. January or February are the dates.
13. Judy Hudson, City Clerk.
Judy said she will be working the Senate recount at Wright County.
Finance Director Gary Groen distributed the revised budget, adjusting the budget down
$65,000. This would make it the same tax rate in 2009 as in 2008.
14. Adjourn by 10 PM.
CM Scharber motioned to cancel the 2"d City Council meeting in December.
Seconded by Mayor Stockamp. All in favor. Motion carried.
CM Scharber motioned to adjourn at 10:45 PM. Seconded by CM Darkenwald. All in
favor. Motion carried.
Mayor 3essica Stockamp
ATTEST:
3udy Hudson, City Clerk/Zoning Admin.
Written by: Tamil Loff, Deputy Clerk