11-26-07 CCOTSEGO CITY COUNCIL MEETING
OTSEGO CITY HALL
NOVEMBER 26, 2007
6:30 PM
1 Maxon Lany Fournier will call the meeting to order.
Mayor Fournier called the meeting to order at 6:31 PM.
Roll Call: Mayor Larry Fournier; Councilmembers: Vern Heidner, Jessica
Stockamp and Mark Thorsted.
Absent: Tom Darkenwald
Staff: Mike Robertson, City Administrator; Judy Hudson, City Clerk/Zoning
Administrator; Andrew MacArthur, City Attorney; Daniel Licht, City Planner; Ron
Wagner, City Engineer; Gary Groen, City Finance Director and Brad Belair, Public
Works Supervisor.
Pledge of Allegiance: Mayor Fournier led in the Pledge of Allegiance.
2. Consider agenda approval.
Mayor Fournier requested to add under Item 11.3 Arts Alliance Request; add under
Item 8.2 Development Agreement with Minnesota Native Landscape and change
Item 10.2 and 10.3 around. Mike Robertson requested to add under Item 7.5
Consideration of hiring Kevin Lamson for Public Works Maintenance position.
CM Heidner motioned adoption of the agenda as amended. Seconded by
CM Stockamp. All in favor. Motion carried.
3. Consider the following minutes.
3.1. November 13, 2, 7 C& Council Meeting.
CM Thorsted motioned to adopt the minutes as written. Seconded by CM
Heidner. All in favor. Motion carried.
4. Ogen Forum: (5 minute limit)
No one appeared on Open Forum.
5 Consent Agenda (Non -controversial items)
5.1. Approve Claims UsL
5.2. Approve Pay Request from Bonestroo in the amount of $6,026.88
for Otsego East WWTF Expansion.
5.3. Pay Estimate No.3 to Northdale Conduction in the amount of
$155,767.19 or Quantrelle Ave/ 88th Street Improvements.
CM Heidner motioned adoption of the Consent Agenda. Seconded by CM
Stockamp. All in favor. Motion carried.
6. Old Business.
61 Resolution 2007-85 Premises Permit for Lawful Gambling.
CM Thorsted motioned to adopt Resolution 2007-85. Seconded by Mayor
Fournier. All in favor. Motion carried.
City Council Meeting November 26, 2007. Page 2.
Barb Gustafson, Elk River Youth Hockey, said she will meet with City Staff on how to
collect the 10% and assumes it will be done an annual basis.
6.2. Approve Final Payment on City Hall Building.
Mayor Fournier in celebration of the Final Payment on the City Hail a check was
presented to Mr. Pat Dwyer of the Bank of Elk River. The Bond originated in 1992
for $450,000 to purchase land and build City Hall.
7. Public Works.
7.1. Discuss Public Works Building Generation.
Brad Belair requested this item be tabled to the next City Council Meeting.
Mayor Fournier motioned to table this item. Seconded by CM Stockamp.
All in favor. Motion carried.
7.2. Consider Purchase of 2008 Plow Truck.
Brad Belair briefly went over the specs and said this would be purchased for
2008/2009 Snow Season but needs to be ordered at this time.
Mayor Fournier motioned to direct staff to order the 2008 Plow Truck for
$164,000. Seconded by CM Stockamp. All in favor. Motion carried.
7.3. Review of cellhp 1e5.
Council set 12-5-07 at 5:30 for a Workshop on Cell Phones.
7.4. Consider purchase of Plow for Ford 450 Truck.
Brad Belair went over the state contract price. This would come out of the Public
Works Small Equipment Fund.
CM Stockamp motioned to direct staff to purchase the plow for $5,810 plus
sales tax. Seconded by Mayor Fournier. All in favor. Motion carried.
7.5. Consideration of hiring of Kevin Lamson.
Mike Robertson went over the interviewing process.
CM Thorsted motioned to hire Kevin Lamson for the Public Works
Employee, subject to passing all background checks. Seconded by Mayor
Fournier. All in favor. Motion carried.
8. Dan Lich amity Planner.
8.1. MN Native Landscapes:
A. Comprehensive Plan amendment to incorporate newly
annexed parcels.
B. Rezoning from A-1 District to A-2 District.
C. Condition Use Permit to allow for a lot less than 20 acres in
area within an A-2 District.
D. Conditional Use Permit to allow indirect access to a parcel
under joint ownership.
E. Resolution revoking weight restrictions on 77th Street.
City Council Meeting November 26, 2007. Page 3.
Dan Licht presented the Planner's Report. Ron Wagner said the proposed driveway
Should be built to withstand the weight of their equipment but he noted it is a
Private driveway. He said the applicants agreed to pave the parking lot when 771"
Street has to be upgraded.
CM Heidner motioned to approve an amendment of the Comprehensive
Plan including the subject sites within the west sewer district and guiding
the area for future industrial use consistent with the policies of the
Comprehensive Plan. Seconded by CM Thorsted. All in favor. Motion
carried.
CM Heidner motioned to approve a Zoning Map amendment rezoning the
subject sites from A-1 District to A-2 District consistent with the policies of
the Comprehensive Plan. Seconded by CM Thorsted. All in favor. Motion
carried.
CM Heidner motioned to approve a PUD -CUP to allow indirect access to a
public street and subdivision and allowance of lot areas less than 20 acres
with the A-2 District, subject to the six conditions listed in the Findings of
Fact. Seconded by CM Stockamp. All in favor. Motion carried.
CM Heidner motioned to approve a Resolution repealing weight
restrictions established for 77h Street west of 3alger Avenue. Seconded by
CM Stockamp. All in favor. Motion carried.
8.2. 2008 Park and Trail Dedication Fees
Dan Licht went over his report.
CM Thorsted didn't support increasing fees. CM Heidner reviewed the last Park
Commission Meeting with residents requesting a park in the southeast area. If the
City accepts land in lieu of park fees that mean the Park Fund will have a lot lower
balance and the Council needs to consider how the City will be able to fund more
large Community Parks. He feels the City can get along with only one Community
Park at this time. Only new residents moving in should be charged for Community
Parks because they will drive the need for new parks. Mayor Fournier wants to
review these fees every year and is hesitant at raising the fees this year.
CM Thorsted would like the Parks Commission to discuss this. CM Stockamp agreed
and would like to look at the Community Center issue.
Dan Licht recommended for the Council to act on this and for the Parks Commission
to review the following year's fees.
Mayor Fournier motioned to increase the Park Dedication Fees to $3,280
from $31,230. Seconded by CM Stockamp.
Voting For: Mayor Fournier, CM Stockamp and CM Thorsted.
Voting Against: CM Heidner (he wanted the higher fee)
Motion carried three (3) to one (1).
City Council Meeting November 26, 2007. Page 4.
Mayor Fournier motioned to send this to the Parks Commission for their
review and recommendation for 2009. Seconded by CM Heidner. All in
favor. Motion carried.
8.3. Development Agreement with Minnesota Native Landsca ems.
Andy MacArthur explained the purpose of the Agreement to facilitate what is in the
Conditional Use Permit. Andy noted he will add the requirement to pave the parking
lot and to get the 80 foot right of way.
CM Heidner motioned to direct the City to enter into the Agreement with
MNL including obtaining the right a way and paving of the panting lot.
Seconded by CM Tho rsbed. All in favor. Motion carried.
9. Ron Wagner. City Engineer.
Ron Wagner said that the request does not include paving.
CM Heidner motioned to approve the Pay Request No. 1 to Knife River for
$129,666.99. Seconded by CM Stockamp. All in favor. Motion carried.
9.2. Update on Water Tower No. 3.
Ron Wagner gave the update.
10. Andrew MacArthur, City Att�mey.
10.1. Resolution No.2007-76 Imposing sl Civil penalty on Min -E -Golf &
HobW Com, Godfather's Pizza.
Andy MacArthur went over the history of this item.
Jill Hylla, Wright County Health Departrnent, has been doing Compliance Checks to
be certain businesses are not serving alcohol to minors since 2001. Just this year
they started criminal prosecution against the server. They are trying to hold people
accountable and hold them to the law. The server at Godfathers will be issued a
citation. She said Otsego has the highest fines in the County. The County's fines are
1st time $200, 2"d time is $500 and third offense is $1,000 with 3 day suspension of
liquor license. The Criminal Charge is totally up to the Judge. Mayor Fournier would
like to decrease the fine. He feels Godfather's has done a good job in education and
other businesses have received a deduction for a first time offense. CM Heidner said
that he doesn't have a problem decreasing the first time offense.
Mayor motioned to fine Godfather's $700 for a first violation and in view of
the alcohol training that Godfather's has done. Seconded by CM Thorsted.
Voting in favor. Mayor Fournier, CM Heidner and CM Thorsted. Against: CM
Stockamp who felt the fine was too low. Motion carried three (3) to one
(1).
City Council Meeting November 26, 2007. Page 5.
CM Heidner motioned to amend section 7-2-13.6.2 first violation be
changed to $1,000 and Best Practices training. Seconded by CM
Stockamp. CM Thorsted opposed because he felt the fine was too high.
Motion carried three (3) to one (1).
CM Heidner motioned to amend the previous motion do include amending
Section 7-3-11.6.2. to change the 1st violation to $1,000. Seconded by
Mayor Fournier. CM Thorsted opposed. Motion carried three (3) to one (1).
10.2. Revised Development Agreement Amendment to Arbor Creek 3"d
Addition.
Mayor Fournier motioned to approve the reviewed development
agreement amendment etc. Seconded by CM Heidner. All in favor. Motion
carried.
P a =is AN -1111,17,71i
11. Council Items.
11.1. Heritage Preservation Commission Grant Request.
Mike Robertson didnt hear anything from Chris Wilson.
11.2. Review of street light nffluests.
Mike said that the requests are for Cty Rd 19 and 7& Street, Cty Rd 37 and Cty Rd
42 and Cty Rd 37 and 67"' Street. CM Heidner read in the Monticello Times that the
County received grant money for streetlights and that the County should be
responsible for the County Road lights. Mike will check with the County on 37/42.
11.3. Elk River Arts Alliance.
Mayor Fournier said we gave $2,500 last year.
CM Stockamp motioned to give $2,500. Seconded by CM Tho, rsbed. All in
favor. Motion carried.
12. Mike Robertson, Cly Administrator.
12. 1. City Tax Comparison.
Mike Robertson reviewed. Otsego has the lowest city tax rate of any of the cities
surrounding it and the second lowest rate in Wright County.
13. 7udv Hudson, QW Clerk.
13.1. Appoint Tami Loff as ftkft Clerk.
Mayor Fournier motioned to appoint Tami Loff as Deputy Clerk. Seconded
by CM Stockamp. All in favor. Motion carried.
13.2. Approve Revised Fee Ordinance No. 2007-22.
CM Heidner motioned adoption of 2007-22 with changes. Seconded by CM
Stockamp. All in favor. Motion carried.
CM Heidner motioned to dose the meeting. Seconded by CM Stockamp.
All in favor. Motion carried. Meeting closed at 9:11 PM.
City Council Meeting November 26, 2007. Page 6.
Attending: City Administrator Mike Robertson, City Clerk/Zoning Administrator Judy
Hudson, city Attomey Andy MacArthur, City Engineer Ron Wagner, Mayor Foumier,
CM Heidner, CM Stockamp, and CM Thorsted.
CM Thorsted motioned to reopen meeting at 9:20 PM. Seconded by CM
Heidner. All in favor. Motion carried.
14. Ad' um by 10 PM.
Council wants $20 gift certificates for all City Commissions.
CM Stockamp motioned to adjourn at 9:32 PM. Seconded by CM Heidner.
All in favor. Motion carried.
Mayor Larry Fournier
ATTEST:
Judy Hudson, City Cleric/Zoning Admin.
Written by: Tami L.off, Deputy Clerk