10-28-02 CCCITY OF OTSEGO
CITY COUNCIL MEETING
OCTOBER 28, 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 Vern Heidner, and Jerry
Struthers. Councilmember Suzanne Ackerman arrived at 7:02 pm.
Absent: Councilmember Virginia Wendel.
Staff Mike Robertson, City Administrator; Judy Hudson, City Clerk/Zoning
Administrator; Karee Rowell, Secretary; Andrew MacArthur, City Attorney; Bob
Vose, with Kennedy and Graven; Ron Wagner, City Engineer.
Also attended Council Candidate Dan Scharber.
Pledge of Allegiance:
Mayor Fournier led in the Pledge of Allegiance.
2. Consider agenda approval.
Mayor Fournier requested to delete 4. LA and 4.1.B. from the City Council
Agenda, also requested to move 8.2. to follow after 4.1.D. and move 8.4. To the
end of the meeting. Mike Robertson requested to add 9.1.D. MN/DOT Letter of
October 23,'2002.
CM Heidner motioned to adopt the agenda as amended. Seconded by CM
Struthers. All in favor. Motion carried.
3. Consider the following minutes:
3.1. The October 14, 2002 City Council Meeting.
CM Heidner motioned to approve the minutes with the correction for
October 14, 2002, Item 9.1. to include Council requested information on
hauling sludge to an outside site. Seconded by CM Struthers. All in favor.
Motion carried.
4. Open Forum:
4.1. Special Presentation
A. Senator Mark Kennedy - Cancelled due to Senator Wellstone's
death.
B. Lenny Walker, Candidate for Sheriff - Cancelled due to Senator
Wellstone's death
C. Kurt Neidermeier, W/WW Operator, People Service Inc.
Kurt Neidermeier gave a report on Biosolids/Sludge. Mr. Neidermeier talked
about the different ways to dispose of Biosolids.
City Council Meeting of October 28, 2002. Page 2.
CM Heidner motioned to cancel the Public Hearing. Seconded by Mayor
Fournier. All in favor. Motion carried. CM Heidner motioned to have
Peoples Service set up to haul the sludge to the Met Council Facility.
Seconded by Mayor Fournier. All in favor. Motion carried.
8.2. Cable TV Application:
Tucker Carlson for Charter Communications - just wanted to state that they will
assert their rights as the incumbent and current franchise.
Mark Ayotte, Attorney for WH Link - stated the service area is a big issue, not
easy to solve. He feels the consumer will benefit from competition. Mike
Robertson asked Tucker Carlson if they have the ability to service the areas WH
Link proposes to serve. Mr. Carlson said they serve them now.
Mayor Fournier motioned to grant Charter Communications Franchise
application. Seconded by CM Struthers. All in favor. Motion carried.
CM Heidner motioned to adopt the Franchise Ordinance for Charter
Communications. Seconded by CM Struthers. All in favor. Motion carried.
Councilmember Ackerman arrived.
Mayor Fournier motioned to adopt the Resolution conditionally granting the
WH Link Franchise application, with conditions including the condition that
they must serve the same area of the City that Charter Communications
does within seven (7) years. Seconded by CM Ackerman. All in favor.
Motion carried.
There was considerable discussion of how to structure WH Link's Franchise
Ordinance so that they must show progress in constructing their cable system in
the older neighborhoods of the City over the next seven (7) years. Mayor Fournier
recommended that Bob Vose bring some recommendations on this issue back to
the next council meeting. Council agreed.
5. Consent Agenda. (Non -controversial items)
5.1. Approve Claims List.
Mayor Fournier motioned to approve the Consent Agenda. Seconded by CM
Ackerman. All in favor. Motion carried.
7. Ron Wagner, City Engineer:
7.1. Heritage Hills Speeding Update.
Ron Wagner presented an update on speeding in Heritage Hills.
Dave Larkin, 8420 Obrian Ave. NE - He noticed a decrease in speeding when the
speed wagon was out there. Mr. Larkin suggested to have the wagon brought
back and concealed so people will not notice it.
7.2. Consider Pay Estimate #1 for 85`h Street Extension.
Ron Wagner requested a payment of $94,577.50 for 85`h Street Extension.
CM Heidner motioned to approve payment Estimate #185 Ih Street
Extension. Seconded by CM Struthers. All in favor. Motion carried.
7.3. Any otter Engineering Business.
City Council Meeting of October 28, 2002. Page 3.
8. Andrew MacArthur City Attorney:
8.1. 87`' Street Vacation.
Andy MacArthur reported on the progress of the 60 foot easement.
CM Heidner motioned to table the 87`h Street Vacation indefinitely until the
City receives an agreement between landowners. Seconded by CM
Ackerman. All in favor. Motion carried.
8.3. Animal Control Ordinance.
The Animal Control Ordinance will be tabled for a month as the Staff will look
into the League's model ordinance.
8.5. Any other Legal Business.
Otsego Cemetery - Mr. MacArthur reported that City of Otsego does own portions
of the cemetery.
Mayor Fournier motioned to get the title cleared up. Seconded by CM
Struthers. All in favor. Motion carried.
9. Council Items:
A. East Sewer Plant Update.
Mike Robertson reported the plant is 60 percent complete and it is on schedule.
B. MNDOT Letter.
Mike Robertson discussed the letter he sent to MN/DOT describing the City's
issues with Highway 101.
9.1. Mike Robertson, City Administrator:
A. Consideration of increasing the Peavey House rent as of 01-01-03.
CM Struthers motioned to increase the Peavey House rent to $630.00 starting
January 2003. Seconded by CM Ackerman. All in favor. Motion carried.
B. Review of Special Project Priorities.
Council set priorities for special projects.
C. Consideration of purchasing a Ford Plow Truck.
CM Struthers motioned approval of purchasing a Ford Plow Truck at
estimated cost of $115,000.00. Seconded by CM Ackerman. All in favor.
Motion carried.
9.2. Judy Hudson, City Clerk.
A. Amend Fire Assessment Schedule.
CM Struthers motioned to amend fire assessment for Albertville to $65.00 for
2003. Seconded by Mayor Fournier. All in favor. Motion carried.
CM Struthers motioned to amend fire assessment for Elk River to $45.00 for
2003. Seconded by CM Heidner. All in favor. Motion carried.
City Council Meeting of October 28, 2002. Page 4.
8.4. Closed Meeting for Attorney Client Privilege - Odean Avenue
Condemnation.
Motion to close the meeting at 9:05 pm by CM Ackerman under attorney-
client privilege to discuss easement settlements. Seconded by CM
Heidner. All in favor. Motion carried.
Councilmember Struthers left the meeting.
CM Ackerman motioned to reopen the Council Meeting at 9:21 pm.
Seconded by CM Heidner. All in favor. Motion carried.
10. Adjournment:
CM Ackerman motioned to adjourn at 9:20 pm. Seconded by Mayor
Fournier. All in favor. Motion carried.
kNfa"yor L ou ier
Attes udy dson, City Clerk
Recorded by: Karee Rowell