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01-27-03 CCCITY OF OTSEGO CITY COUNCIL MEETING JANUARY 27, 2003 COUNCIL CHAMBERS OTSEGO CITY HALL 6:30 PM 1. Mayor Larry Fournier will call the regular January 27 2003 City Council Meeting to order. - After the EDA Meeting, Mayor Fournier called the City Council Meeting to order at 6:43 PM. Roll Call: Mayor Larry Fournier, Councilmembers: Vern Heidner, Virginia Wendel, Jerry Struthers and Dan Scharber. Staff. Mike Robertson, City Administrator; Judy Hudson, City Clerk/Zoning Adm.; Dan Licht, City Planner; Ron Wagner, City Engineer and Andrew MacArthur, City Attorney. Pledge of Allegiance Mayor Fournier led in the Pledge of Allegiance. 2. Consider agenda approval. Mike Robertson requested to add under Item 9: Membership to Greater MN Cities. CM Wendel requested to add under Item 9: Otsego Creek Authority Meeting. Mayor Fournier requested to add under 7.4: Set Workshop for Stormwater Management Plan for Western Otsego; 8.5. City Attorney Letter establishing a Municipal Liquor Store; 9.2. Newspaper article regarding the City of Albertville sharing sewer services; 9.3. Amendment to Sunday Liquor Ordinance; 9.4. Appointment of new Commission Members. CM Heidner motioned to adopt the City Council Agenda as amended. Seconded by CM Struthers. All in favor. Motion carried. 3. Consider the followiniz minutes: 3.1. January 13, 2003 City Council Meeting_ CM Wendel motioned to approve. Seconded by CM Heidner. All in favor. Motion carried. 3.2. January 15, 2003 Police Workshop. CM Struthers motioned adoption. Seconded by CM Wendel. All in favor. Motion carried. 3.3. January 16, 2003 Public Hearin CM Struthers motioned adoption. Seconded by CM Scharber. All in favor. Motion carried. 4. OUen Forum: 4.1. Special Presentation: Paul Christianson, People Service Inc. Amendment to Wastewater/Water Contract. Paul Christianson, Regional Manager, went over the amendment. CM Heidner said the Contract needed to address the establishment of a sludge hauling site outside of Otsego. Mr. Christianson said he would work on a long-term approach. City Council Meeting of January 27, 2003. Page 2. Mayor Fournier directed staff to bring the proposed amended contract to the next City Council Meeting. 4.2. Open Forum. Tom Carter, 9466 Nashua Avenue, asked to reserve time on the Review of Police Commission By-laws. 5. Consent Agenda. (Non -controversial items 5.1. Approve Claims List. 5.2. Approve Work Request No. 9 & 10 for Phase II, East Wastewater Treatment Plant. CM Heidner motioned adoption. Seconded by CM Struthers. All in favor. Motion carried. 6. Dan Licht, City Planner: 6.1. Request of Chris Bulow for Sewer Service. Dan Licht presented the Planner's Report recommending denial. The City Engineer, Ron Wagner, presented his recommendation for denial also. Chris Bulow, stated, if denied he will move ahead with his project. CM Heidner stated he feels if City Sewer service is given for this development, that this would set a precedent, as it would not be following the Comprehensive Plan. Mayor Fournier stated that this request is disregarding the City's Comprehensive Plan and that the City needs to stick with this plan. CM Scharber motioned to deny Mr. Bulow's request for City Sewer Service. Seconded by CM Heidner. Voting For the Motion: Mayor Fournier, CM Scharber, CM Heidner and CM Wendel. Voting Against the Motion: CM Struthers. Motion carried four (4) to one (1). 7. Ron Waener. Citv Eneineer: 7.1. Consider ordering 85`h Street and Page Avenue Improvement and Consider "No Parking Resolution and MSA Advance Encumbrance Resolution." Ron Wagner went over a possible new design for Page Avenue, which shows a reduction in the shoulder width and a reduction in separation width of curb and bike path. Mr. Wagner was directed by the Council to bring back several designs with different options. CM Heidner motioned to adopt Resolution 2003-14 relating to parking restrictions on 85`h Street from Nashua Avenue NE to Odean Avenue NE. Seconded by CM Scharber. All in favor. Motion carried. City Council Meeting of January 27, 2003. Page 3. CM Heidner motioned to adopt Resolution 2003-13 relating to parking restrictions on 85`h Street from Odean Avenue NE to Page Avenue. Seconded by CM Scharber. All in favor. Motion carried. CM Scharber motioned to adopt Resolution 2003-09 ordering Preparation of Plans and Specifications for Improvement of 85`h Street NE from Nashua Avenue NE to Odean Avenue NE. Seconded by CM Struthers. All in favor. Motion carried. CM Scharber motioned to adopt Resolution 2003-08 ordering preparation of Plans and Specifications for 85`h Street NE from Odean Avenue NE to Page Avenue NE. Seconded by CM Heidner. All in favor. Motion carried. CM Scharber motioned to adopt Resolution 2003-10 ordering preparation of Plans and Specifications for Page Avenue from 85`h Street to CSAH 39. Seconded by Mayor Fournier. All in favor. Motion carried. CM Scharber motioned to adopt Resolution 2003-12 ordering Improvement of 85`h Street from Nashua Avenue NE to Odean Avenue NE. Seconded by CM Struthers. All in favor. Motion carried. CM Scharber motioned to adopt Resolution 2003-11 ordering Improvement of 85`h Street from Odean Avenue NE to Page Avenue NE. Seconded by CM Heidner. All in favor. Motion carried. CM Heidner motioned to adopt Resolution 2003-16 asking advancement of MSA Funds in the amount up to $750,000. Seconded by CM Struthers. All in favor. Motion carried. CM Heidner motioned to adopt Resolution 2003-15 relating to parking restrictions on Page Avenue from CSAH 39 to 85`h Street NE. Seconded by CM Struthers. All in favor. Motion carried. 7.2. Discuss I-94 NE Wright County Sub -Area Corridor Study and consider Contribution to Study. Mr. Wagner went over his recommendation. The Council will review the issue after the first meeting of the study group. 7.3. Consider Pay Estimate #3 for CSAH #39 and CSAH 42 Intersection Improvements. CM Struthers motioned to approve to pay Design Electrical Contractors Pay Estimate No. 3 for $143,369.36. Seconded by CM Scharber. All in favor. Motion carried. 7.4. Any other Engineering Its ems. A. Set a Stormwater Management Plan for West Workshop. February 6`h, 2003 at 7 PM was set for this City Council Workshop. City Council Meeting of January 27, 2003. Page 4. B. Otsego Creek Authority Meeting, CM Wendel stated there will be a Otsego Creek Authority meeting this week and if anyone has questions to let her know. Ron Wagner stated he would like to review the School Lake Outlet Structure and an agreement should be made as to the amount of water drained out of School Lake. Ron was directed to contact the Albertville Engineer. C. Newspaper article on Albertville sharing services with Otsego. Mike Robertson stated that he and Ron Wagner met with Albertville last week and this subject was brought up and Mike told Albertville that they should present a proposal to Otsego. 8. Andrew MacArthur. Citv Attornev: 8.1. Request to amend Developers Agreement language for Grenin's Mississippi Hills. 8.2. Resolution to discharge various City encumbrances of property upon platting. Mr. MacArthur went over both Item 8.1. And 8.2. The developer wants more time to build the Bed and Breakfast and the time restriction in the Developer's Agreement would need to be removed or extended. CM Heidner motioned to amend the Grenin's Mississippi Hills Development Agreement by removing Condition No. 5. Seconded by CM Struthers. All in favor. Motion carried. 8.3. 87`h Street Vacation. Mr. MacArthur reviewed. CM Heidner motioned to adopt Resolution 2003-04 approving vacation of a portion of a 87`h Street. Seconded by CM Struthers. All in favor. Motion carried. 8.4. Update on Parrish Avenue Grant. Mr. MacArthur said Federal Funds have been allocated to the State. Otsego's application is still being processed and he hopes to know more soon. 8.5. Municipal Liquor license. Mr. MacArthur reviewed his memo on this. No Council action was taken. 8.6. Sunday Liquor Ordinance amendment. The Council directed to have the proposed amendment on the next City Council Agenda amending the serving time to 10 AM on Sundays from Noon. 9. Council Items: A. East and West Sewer Plant Update. No updates. B. Senator Ourada`s request for comment on proposed Liquor Bill. Mike Robertson briefly reviewed the Bill. The Council wants a summary on the proposed liquor bill on the next agenda. City Council Meeting of January 27, 2003. Page 5. 9.1. Mike Robertson, City Administrator: A. Review of Financing Options for 85`' St. Improvement. Mike Robertson went over the different options he outlined in his attached memo. The City Council agreed on bonding for these projects and will do so after taking bids on 85`h street. B. Review Police Commission By-laws. Mike reviewed the Police Commission By-laws with the Council. Tom Carter asked for an Open Forum on the agendas and Sharon Carter asked that Commission Members be furnished with the Sheriffs Monthly Activity Report. The City Council wanted the following changes: Council and staff are not to be voting members or officers, terms are to be staggered at first (1 year, 2 year and 3 year terms), meetings must meet the Open Meeting Laws, Chair has a right to call a special meeting, include Open Forum on Agenda. Mike will be advertising for members in the next newsletter and appointments to be done in March. The Council wants Sheriff Miller to review the By-laws. C. Commission Appointments. CNI Heidner motioned to appoint Jean Schneider, K. Joel Cole, Jeannine S. Christensen, Ron Black and Chris Wilson to the Heritage Commission, Peter Torresani and Mark Thorsted to the Parks Commission. All for four year terms. Seconded by CM Wendel. All in favor. Motion carried. Mayor Fournier motioned to accept Arlene Holen's resignation from the Heritage Commission. Seconded by CM Struthers. All in favor. Motion carried. D. Membership to the Coalition of Greater MN Cities. CM Struthers motioned not to join the Coalition of Greater Minnesota Cities. Seconded by Mayor Fournier. All in favor. Motion carried. E. City of Dayton CM Scharber motioned to send a letter to the City of Dayton asking for a response regarding sewer capacity no later than February 15, 2003. Seconded by CNI Heidner. All in favor. Motion carried. 9.2. Judy Hudson, City Clerk. Judy asked the Council if the water testing for nitrates could be done at City Hall for one week rather than at Clean Up Day. She feels by having a week of testing at the City Hall there would be more residents getting their water tested. 10. Adjourn by 10 PM. CM Scharber motioned to adjourn. Seconded by CM Wendel All in favor. Motion carried. Me`njoumed�6 PM. ATTEST,,:' Ju Ed�ity�lk/Zoning Administrator