10-14-02 CCCITY OF OTSEGO
CITY COUNCIL MEETING
OCTOBER 14, 2002
COUNCIL CHAMBERS
OTSEGO CITY HALL
6:30 PM
1. Mayor Larry Fournier will call the meeting to order.
Mayor Fournier called the meeting to order at 6:30 pm.
Roll Call: Mayor Larry Fournier; Councilmembers Suzanne Ackerman, Vern
Heidner, Jerry Struthers, and Virginia Wendel.
Staff. Mike Robertson, City Administrator; Judy Hudson, City Clerk/Zoning
Administrator; Karee Rowell, Secretary; Dan Licht, City Planner; Andy
MacArthur, City Attorney; and Ron Wagner, City Engineer.
Pledge of Allegiance:
Mayor Fournier led in the Pledge of Allegiance.
2. Consider agenda approval.
Mike Robertson suggested to move Item 8.1. Cable TV Ordinance to 4.1 b.; CM
Struthers requested to add Otsego Cemetery under 8.4.; and Mayor Fournier
requested to Item 5.1. To 9.1.E. and Item 8.2. to 9.E. and add 9.1.D.
Subcommittee meeting.
CM Heidner motioned to adopt the agenda as amended. Seconded by CM
Ackerman. All in favor. Motion carried.
3. Consider the following minutes:
3.1. September 23, 2002 City Council Meeting.
CM Wendel motioned to approve the minutes for September 23, 2003 City
council Meeting as written. Seconded by CM Ackerman. All in favor.
Motion carried.
4. Open Forum: (5 minute limit)
4.1. Special Recognition to the members of Otsego's Festival Committee.
Mayor Fournier addressed the audience about the successful Otsego Festival and
what a terrific job was done by everyone involved. Mayor Fournier presented
certificates of recognition to Chair Rose Cassady, Diane Comstock, Kathy
Bandy, Lynn Kasper, and Councilmember Jerry Struthers. CM Heidner
suggested the Council to contribute $1,000.00 for next year's festival instead of
the $500.00 they did this year. It will be put in the 2003 budget.
8.1. Consider enacting the Cable TV Ordinance.
Robert Vose talked about the adoption of the proposed Cable TV Ordinance.
CM Struthers motioned to adopt the proposed Cable TV Ordinance.
Seconded by CM Wendel. All in favor. Motion carried.
City Council Meeting of October 18, 2002. Page 2
Mark Ayotte, Attorney for WH Link - gave a presentation on WH Link and
stated they don't feel they need a franchise, but they are willing to reach an
agreement with the City. CM Heidner asked if WH Link would submit a business
plan to show the areas they will be servicing in the future. Mr. Ayotte said
they will not.
Tucker Carlson for Charter Communications - He stated he was satisfied with the
ordinance. He stated he didn't think it was really competitive because WH Link
won't commit to serving the entire City. After discussion, Mayor Fournier
requested to table the proposed franchises.
Mayor Fournier motioned to set up Special Council meeting on Monday,
October 21, 2002 at 7:00 pm. Seconded by CM Struthers. All in favor.
Motion carried.
4. Open Forum: (5 minute limit)
Randy Carstensen, 11364 80'' Street NE - He complained how the water builds
up in his yard. Mayor Fournier asked Mike Robertson to have the Maintenance
Department clean out the culvert and ditch.
Brian Holmes, 15655 78th Court NE - They have a drainage problem. Mike
Robertson said some builders changed the grade of the swale. Ron Wagner stated
that it would be major work to be done and it could effect 6 to 8 properties, and
it probably couldn't be done this year. Mr. Holmes asked to be kept informed
regarding the drainage problem.
Brian Madsen, 15615 78`h Court NE - Also would like to be informed of the
progress regarding the drainage.
Joyce Johnson, 7349 Ouaday Avenue NE - There is a flooded area on the corner
of their property. It fills up the easement area and it should be a pond. Mike
Robertson noted that he had directed Ron Wagner to get quotes to have the water
drained with this work to be done this year. Mrs. Johnson requested to be
notified of the progress.
Donald Beauchane, 7871 Prairie Creek Court NE - Brought in a petition for WH
Link Cable TV service. They would like to have WH Link come into their area.
5. Consent A eg nda. (non -controversial items)
5.1. Approve Claims List.
CM Wendel motioned to approve the Consent Agenda. Seconded by Mayor
Fournier. All in favor. Motion carried.
6. Dan Licht, City Planner:
6.1. Consideration of approving the Final Plat for Pheasant Ridge 7`h Addition.
Dan Licht presented the City Planners report. Ron Wagner presented the City
Engineering report.
CM Struthers motioned to approve Final Plat for Pheasant Ridge 7`h
Addition subject to the five conditions. Seconded by CM Wendel. All in
• favor.
City Council Meeting of October 14, 2002. Page 3.
Motion carried. CM Heidner stated he will vote for it this time, but the next
Plat has to have more than 7 lots.
6.2. Consideration of approving the Final Plat for Nathe Addition.
Dan Licht presented the Planner's report. Ron Wagner presented his
Engineering report. Ken Nathe from the 101 Market brought in pictures to show
how the park would look.
CM Heidner motioned to approve the Final plat for Nathe Addition with
five conditions. Seconded CM Struthers. All in favor. Motion carried.
6.3. Consideration of Zoning Ordinance amendments.
Dan Licht presented the Zoning Ordinances and listed the changes.
CM Heidner motioned to adopt the Zoning Ordinance amendments.
Seconded by CM Wendel. All in favor. Motion carried.
CM Heidner motioned to approve the summary. Seconded by CM
Ackerman. All in favor. Motioned carried.
7. Ron Wagner, City Engineer:
7.1. Heritage Hills Speeding Issues - Kadler Avenue Speeding Issues.
Purchase of Speed Monitoring Trailer.
Ron Wagner presented the data information on the speeding results and suggested
to purchase the speed wagon.
CM Heidner motioned to purchase the Speed Monitoring Trailer for
$13,907.00. Seconded by CM Wendel. All in favor. Motion carried.
7.2. Consider Pay Estimate No. 1 for City of Otsego Project 02-04 CSAH 39 &
CSAH 42 Traffic Signal.
Ron Wagner went over the payment estimate for Project 02-04 CSAH 39 &
CSAH 42 Traffic Signal.
CM Heidner motioned to approve the payment No. 1 $53,634.17 for City of
Otsego Project 02-04. Seconded by CM Wendel. All in favor. Motion
carried.
7.3. Consider Change Order No. 1 for City of Otsego Project 02-03, Otsego
Waterfront.
Ron Wagner went over the Change Order for Project 02-03. Otsego Waterfront.
CM Struthers motioned to approve Change Order No. 1 for a deduction of
$17,307.03, and the increase in days of work. Seconded by CM Wendel. All
in favor. Motion carried.
7.4. Consider Pay Estimate #4 for City of Otsego Project 02-01, Page Avenue.
Ron Wagner went over the Pay Estimate #4 for Project 02-01, Page Avenue. CM
Heidner mentioned the staples that are used to hold down the nets are still metal.
CM Struthers motioned to approve payment No. #4 for $9,238.68 for City of
Otsego Project 02-01, Page Avenue. Seconded by Mayor Fournier. All in
favor. Motion carried.
City Council Meeting of October 14, 2002. Page 4.
8. Andrew MacArthur, City Attorney:
8.3. Dog Ordinance Review.
Andrew MacArthur went over the dog ordinance.
CM Struthers motioned to have the dog ordinance updated. Seconded by
CM Wendel. All in favor. Motion carried.
8.4. Any other Legal Items.
8A.A. Otsego Cemetery
CM Struthers was inquiring, for the Heritage Commission, on who really owns
the Otsego cemetery. Mr. MacArthur will look into this and forward information
to the Council.
9. Council Items:
9.1. Mike Robertson, City Administrator:
A. Sludge Hauling Contract information.
Dan Licht explained there is a city code and zoning ordinance on spreading
biosolids. Ron Wagner gave a report on biosolids. Council requested information
on hauling sludge to an outside site.
Mayor Fournier motioned for a public hearing on Sludge Hauling. Seconded
by CM Struthers. All in favor. Motion carried.
B. Update on Special Projects.
Mayor Fournier asked to bring this back to the next council meeting with staff
recommendations.
C. Update on Special Task Force Membership
Mike Robertson noted the only special task force is the Marketing Meeting
Task Force which consists of LeRoy Lindenfelser and Rudy Thibodeau. The
Marketing Meeting is set for Tuesday, October 29, 2002 at 7:00 pm.
9.1.D. Public Works
The Public works meeting is set for October 24, 2002 at 4:00 pm.
9.2. Judy Hudson, City Clerk/Zoning Administrator.
A. Set 2003 Fire Assessments.
CM Heidner motioned to approve of the 2003 Fire Assessments. Seconded
by CM Struthers. All in favor. Motion carried.
B. Accept Patrick E. Moonen's Letter of Resignation from the
Planning Commission.
CM Heidner motioned to accept Patrick E. Moonen Resignation. Seconded
by CM Ackerman. All in favor. Motion carried.
C. Appoint David Thompson as a permanent Planning Commission
Member.
CM Heidner motioned to appoint David Thompson for the permanent
position on the Planning Commission. Seconded by Mayor Fournier. All in
favor. Motion carried.
City Council Meeting of October 14, 2002. Page 5.
D. Drop Box for ACE.
The City Council approved ACE to bring in a drop box.
8.2. Closed Meeting for Attorney Client Privilege to discuss easements.
CM Ackerman motioned to close the meeting due to Attorney -Client
Privilege at 10:40 pm. Seconded by Mayor Fournier. All in favor. Motion
carried.
Councilmember Struthers left the meeting.
CM Wendel motioned to reopen the closed meeting at 11:10 pm. Seconded
by CM Ackerman. All in favor. Motion carried.
10. Adjournment:
CM Ackerman motioned to adjourn at 11:10 pm. Seconded by CM Wendel.
All in favor. Motion carried.
Mayor L ry Fburnier
ALM
Attst: Ju y udson, City 6rk
Recorded by: Karee Rowell
�'7YC-L?�G
ClCZz
ia�D.r�
Mayor L ry Fburnier
ALM
Attst: Ju y udson, City 6rk
Recorded by: Karee Rowell