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02-24-03 CCCITY OF OTSEGO CITY COUNCIL MEETING FEBRUARY 24, 2003 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, Jerry Struthers and Dan Scharber. Absent: Virginia Wendel. Pledge of Alle 'aigi -ice. Mayor Fournier led in the Pledge of Allegiance. 2. Consider agenda approval. Dan Licht requested to add under Item 6.2. Otsego Waterfront West Civic Sign. Mike Robertson requested to add under Item 9.1. B. 85`h Street and Page Avenue Easement payments, 9.1.C. Peavey House Update, 9.1.D. Set Sewer Sub -committee meeting date, 9.1.E. Web Site Update. Mayor Fournier requested to add under Item 7.5.A. West WWTP Site, 7.5.13. Discussion of the 39/42 Intersection Safety concerns, 9.C. Update from the Municipal Liquor Store Subcommittee, 9.A. Council Workshop on Sewer Planning, 9.13. Letter from Albertville. CM Heidner motioned to adopt the Council Agenda as amended. Seconded by CM Struthers. All in favor. Motion carried. 3. Consider the following minutes: 3.1. February 6, 2003 City Council Workshop. Mayor Fournier motioned to approve. Seconded by CM Struthers. All in favor. Motion carried. 3.2. February 10, 2003 City Council Meeting_ CM Struthers motioned to adopt. Seconded by CM Heidner. Voting for the Motion: Mayor Fournier, CM Heidner, and CM Struthers. Abstained: CM Scharber abstained since he did not attend the meeting. Motion carried. 4. Open Forum: (5 minute limit) No one appeared on Open Forum. 5. Consent Agenda. (Non -controversial items) 5.1. Approve Claims List. CM Struthers motioned adoption. Seconded by Mayor Fournier. All in favor. Motion carried. 6. Dan Licht, City Planner: 6.1. Riverwood Inn & Conference - PUD Amendment to allow an existing_ garage to be converted into an office. City Council Meeting of February 24, 2003. Page 2. Dan Licht presented the Planner's Report. Ron Wagner went over his comments regarding the septic system. Mayor Fournier asked about screening on the east side of the building. Dan Licht said he had reviewed the property and noted there is a lot of large oak trees, which makes growing additional vegetation difficult and he also noted there won't be a lot of activity in this building. Stewart Turnquist stated his parents are concerned with the more intense use of this building with lights and general increase of activity. CM Heidner noted there are no windows on the east side so the light would come from the north side. CM Struthers motioned to approve an amendment to the PUD District for Riverwood Inn and Conference Center, subject to the seven (7) conditions listed in the Findings of Fact. Seconded by CM Scharber. All in favor. Motion carried. 6.2. Any other Planning Items. A. Otsego Waterfront Develovment Civic Sign. Dan Licht went over his February 24, 2003 Memorandum. CM Heidner questioned who owns the property, where the sign will be located and who is responsible for the electric, maintenance and liability. The Council would like these answers and also the comparison of this submittal sign to the other previous submitted signs. 7. Ron Wagner, r, City Engineer: 7.1. Consider Final Pay Estimate #5 - Ouadayand 88h Street. CM Struthers motioned to approve the Final Pay Estimate #5 in the amount of $20,653.46. Seconded by CM Heidner. All in favor. Motion carried. 7.2. Consider Pay Estimate #4 for 42/39 Intersection. Ron Wagner went over the Liquidated Damages as outlined in his letter dated February 17, 2003. CM Heidner motioned to set liquidated damages at $3,000. Seconded by Mayor Fournier. Doug Bishop from Design Electric, stated he doesn't feel Design Electric should be penalized for a delay from the light fixture company. Once the fixtures were received they were put up immediately. He feels the City deserves some compensation but not $3,000. CM Heidner withdrew his motion and made a motion to set liquidated damages at $1,500.00. Mayor Fournier agreed and seconded. All in favor. Motion carried. CM Heidner motioned to approve the final payment of $137,737.90 to Design Electric with a 5% retainage. Seconded by CM Struthers. All in favor. Motion carried. 7.3. Discussion of Collector Road Access Fee for 70`h St and MacIver Avenue. Ron Wagner reviewed the engineering report. CM Heidner motioned adoption of a collector street access fee of $1,140 per Single Family Unit for clay soils and $980 for sandy soils as outlined in the Hakanson Anderson Assoc. Inc., Report dated February 2003. Seconded by CM Struthers. City Council Meeting of February 24, 2003. Page 3. All in favor. Motion carried. 7.4. Consider approval of Otsego Creek Study Area Storm Water Report and set a date for Public Hearing. Mayor Fournier motioned to approve Resolution 2003-18 accepting Trunk Storm Water Facilities Study for portion of the Otsego Creek Watershed dated February 2003 at 8:00 PM. Seconded by CM Scharber. All in favor. Motion carried. CM Heidner motioned to set a Public Hearing for Otsego Creek Watershed on March 24, 2003. Seconded by CM Struthers. All in favor. Motion carried. 7.5. Any other Engineering eering Business. A. West WWTP Site. Mayor Fournier asked if more land is needed for the West Wastewater Treatment Plant Site. Ron Wagner recommended acquiring more land and has written a letter to Ted Field of Bonestroo asking for a recommendation for the amount of land needed for a 5 million gallon per day treatment facility. The Council set March 11, 2003, 4:30 PM for a City Council Workshop on Sewer and Water. B. Discussion of the County Road 39 safety issue. Mayor Fournier received a phone call from a resident who feels very unsafe turning left into his property going westbound on County Road 39 when the lights are green at 42 and 39 and cars are speeding to get through the lights. There are no passing lanes in front of his property. Ron Wagner noted that Wright County does not put passing lanes on their roads for driveway turns. City Council directed Mr. Wagner to review and give them a recommendation. 8. Andrew MacArthur, City Attorney: 8.1. Public Hearing for an amendment to the Sunday Liquor Ordinance, to allow sale of alcohol at 10 AM rather than 12 Noon. Mayor Fournier opened the Public Hearing at 6:35 PM. City Clerk, Judy Hudson, attested the required publishing was done. The City Attorney reviewed the amendment. Hearing no public comments, Mayor Fournier closed the Public Hearing at 6:37 PM. CM Struthers motioned to adopt the amendment to the Sunday Liquor Ordinance. Seconded by CM Scharber. All in favor. Motion carried. 8.2. Any other Legal Issues. CM Struthers motioned to adopt Resolution 2003-19 authorizing procurement of permanent and temporary easements for construction, drainage, utility and roadway purposes for the reconstruction and improvement of 85th Street NE and Page Avenue. Seconded by CM Heidner. All in favor. Motion carried. 9. Council Items: A. East and West Sewer Plant Update. Previously discussed. City Council Meeting of February 24, 2003. Page 4. B. Albertville letter on shared services. Mike Robertson reviewed the letter from Albertville's City Engineer. The Council agreed they would meet with Albertville after a proposal was received. CM Heidner would like to know what Albertville charges for WAC and SAC and the cost per 1,000 gallons of treatment. C. 85th Street and Page Avenue Easements. The Council authorized staff to start paying the easements that have been signed. D. Municipal Liquor Store Sub -Committee Report. The Council agreed to have the subcommittee look into a Municipal Liquor Store and bring back a recommendation. 9.1. Mike Robertson, City Administrator: A. Population estimate as of January 1, 2003. Mike went over his memo estimating Otsego's population at 9,253. B. Peavey House Update. Mike said that the tenants have moved out of the Peavey House. He asked the Council what they want to do with the property - rent it out or move the HPC into it. The Council directed Mike to contact the Heritage Preservation Commission for their opinion. C. City Hall Kitchen remodeling; Mike and Judy explained they have a contractor lined up who estimates his work at approximately $3,000 plus electrical and plumbing will be additional. The Council agreed to proceed with the remodeling. D. Parks Commission Tour. The Parks Commission will take a tour of area skate parks on Saturday, March 8`h at 8 AM leaving from City Hall. E. Website Update. Mike has been working with the MN League of Cities and has a new employee coming out to Otsego to help with the website free of charge. 9.2. Judy Hudson, City Clerk. No updates. 10. Adjourn by 10 PM. CM Scharber motioned to adjourn. Motion carried. Meeting a .ourned at 8: PM. ayor L�;Fournier Seconded by CM Heidner. All in favor. Oil I -N) 61��n Attest: C y H on, City Clerk/Zoning Adm.