04-28-03 CCITEM 3_7_
MINUTES
CITY OF OTSEGO
CITY COUNCIL MEETING
APRIL 28, 2003
COUNCIL CHAMBERS
OTSEGO CITY HALL
6:30 PM
1. Mayor Larry Fournier will call the City Council Meeting to order.
Mayor Fournier called the City Council Meeting to order at 6:42 PM following the Board
of Review Meeting.
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
Administrator; Andrew MacArthur, City Attorney; Daniel Licht, City Planner and Ron
Wagner, City Engineer.
Pledge of Allegiance.
Mayor Fournier led in the Pledge of Allegiance.
2. Consider agenda approval
CM Heidner requested to add under Item 7.5. Prairie Creek Drainage Issues. CM Wendel
requested to add under Item 9.D. Police Commission, open Item 5.1. For discussion.
Mike Robertson requested to add under Item 10.C. Update on 101 Improvement. Dan
Licht requested to add under Item 6.4. Waterfront Monument Sign. Andy MacArthur
requested to delete Item 8.2. And 8.4. Mayor Fournier requested to add under 9.A.
Discussion of East WWTP Site, add 7.6. Access off of Quaday Avenue, 8.6. Wright
County Letter regarding a forfeiture and 9.C. Set Public Works and City Administration
Sub -committee Meetings.
CM Wendel motioned to adopt the agenda as amended. Seconded by CM Scharber.
All in favor. Motion carried.
3. Consider the following minutes:
3.1. April 14 2003 City Council
CM Wendel motioned to approve the minutes as written. Seconded by CM Heidner.
All in favor. Motion carried.
3.2. April 8 Council - Park Commission Workshop
CM Scharber motioned to approve the minutes as written. Seconded by CM
Struthers. CM Heidner abstained. Motion carried.
3.3. April 15 2003 City Council Workshop
CM Scharber motioned to approve the minutes as written. Seconded by CM
Wendel. All in favor. Motion carried.
4. Open Forum: (5 minute limit)
4.1. SpecialPresentation• Consideration of starting a Municipal Liquor Store
Warren Phillips, former owner of Riverview Liquorette, said he thought the City should
City Council Meeting of April 28, 2003. Page 2.
start a Municipal Liquor Store as it would generate good revenue for the City. He
stressed that a good manager is very important.
Andy MacArthur explained the State Statutes and what needs to be done if the City wants
to establish a Municipal Liquor Store.
Robert Fields, developer of Waterfront, stated his objections to a Municipal Liquor Store.
Mr. Fields went over the East Waterfront Future Plans, which includes several restaurants
and establishments needing on and off -sale liquor licenses. He also stated that the West
Waterfront Development plans have always shown an off -sale liquor store.
Rick Schroeder, co-owner of Blackwoods stated his opposition for a Municipal Liquor
Store.
Trish Ringer, owner of Riverview Liquorette, stated that as long as she would be
compensated for her business she would support a Municipal Liquor Store. If not, she
would oppose a Liquor Store going in so close to her business.
Bill Christian, Otsego business owner and co-owner of the proposed Otsego Spirits,
stated his opposition for a Municipal Liquor Store. He also stated that the City has been
kept informed all along that a Liquor Store has been planned for the Waterfront West
Development.
Chuck Landon, 14400 89`h Street, complained of all the vehicles parked on 89`h Street.
He also complained of all the houses on this street where there are junk vehicles.
Mayor Fournier set May 7, 2003, Wednesday, 4:30 PM for a City Council Workshop to
discuss a Municipal Liquor Store.
CM Scharber stated that this discussion of Municipal Liquor Store was brought up at his
request. As the newest Councilmember he hasn't heard this discussion before and he sees
what Rogers and Elk River has been receiving from their stores.
8.5. Liquor License for Otsego Spirits.
Mayor Fournier motioned to table this until the May 12, 2003 City Council Meeting.
Seconded by CM Struthers. All in favor. Motion carried.
5. Consent Agenda. on -controversial items)
5.1. Approve Claims List.
CM Wendel questioned the voided check for $57,000 plus. Judy Hudson explained it
was voided and re -issued.
CM Wendel motioned to approve the Consent Agenda. Seconded by CM Scharber.
All in favor. Motion carried.
6. Dan Licht, City Planner:
6.1. Orrin Thompson Homes:
A. Comprehensive Plan Amendment.
B. Concept Plan to develop a residential development.
City Council Meeting of April 28, 2003. Page 3.
Dan Licht presented the Planner's Report. Ron Wagner said the applicant has agreed
with his comments. The applicant, Ray Baird of Orrin Thompson Homes, stated this
request to develop this parcel rather than Rivetpointe III Addition is a result of a
marketing decision. The town homes will screen the single-family homes and be a buffer
to the commercial area.
Mayor Fournier questioned the town homes and also if there is enough sewer capacity.
He feels the city needs to revisit the issue of town homes. Mayor Fournier suggested to
approve this without the town homes and have the City review the town homes.
CM Heidner stated he would rather see these smaller groups of town homes rather than
the larger town home developments. CM Scharber and CM Wendel supported town
homes.
CM Heidner motioned to approve a Comprehensive Plan amendment expanding the
East Sanitary Sewer Service District to include the subject site and designate low
density residential, medium density residential, and commercial uses generally
corresponding to the submitted Concept Plan, subject to the 7 conditions listed in
the Findings of Fact. Seconded by CM Struthers.
Voting For the Motion: CM Heidner, CM Struthers, CM Scharber and CM
Wendel.
Voting Against the Motion: Mayor Fournier.
Motion carried 4 to 1.
6.2. Arbor Creek's Environmental Assessment Worksheet.
Dan presented the Planner's Report.
CM Struthers motioned to adopt the fmdings that the proposed Arbor Creek does
not have potential for significant environmental effects and that preparation of an
EIS is not to be required based on a review of the submitted EAW and evidence
received, subject to the condition listed in the Findings and Decision. Seconded by
CM Scharber. All in favor. Motion carried.
6.3. Rush Mar Development Request
Ron Wagner presented a report on this.
CM Wendel motioned to deny Rush Mar's Request for funding. Seconded by CM
Scharber. All in favor. Motion carried.
6.4. Waterfront Monument Sign
Dan Licht explained the location of the sign on the Riverview Community Bank property.
Andy is working with Steve Fischer on an agreement. The Council does not want to pay
for the electricity and they want the City to have access.
CM Scharber motioned to approve the location of the sign as shown. Seconded by
CM Wendel. All in favor. Motion carried.
7. Ron Wagner. City Engineer:
7.1. Lance Hovland, W -H Electric Co-op Discussion of charges for 85t' St
Improvement.
Lance Hovland, Vice President of Energy Distribution Wright -Hennepin Cooperative
Electric Association. Mr. Hovland went through his presentation.
City Council Meeting of April 28, 2003. Page 4.
Mr. Hovland stated that for the 85th Street Project they would like the City to consider off
setting the cost of the relocation of the power lines. They do not have a policy in place
regarding this. Mr. Hovland went over the costs to Wright -Hennepin for this relocation.
Mayor Fournier asked why Wright -Hennepin picked Otsego to try a policy change when
it isn't in their policy. Mr. Hovland replied that is the reason he is at this meeting. Mayor
Fournier also stated that Otsego has and will be providing a tremendous amount of new
customers for Wright -Hennepin.
Mike Robertson noted that under normal circumstances with policy changes, Wright -
Hennepin would have contacted the City months ahead of time.
CM Heidner noted that Otsego and other urban areas have been subsidizing the rural
areas of WH Electric's territory, and now they are asking Otsego to pay these relocation
costs exclusively. He felt the timing of this proposed policy was suspicious due to
Otsego's recent dispute with WH Link. Mr. MacArthur said that at this point, Wright -
Hennepin has not adopted a policy but Otsego has adopted a Right -of -Way Ordinance.
The Council was in agreement that they do not agree with Wright-Hennepin's proposed
policy and want the poles in the right-of-way installed underground at no charge per the
City's Right -of -Way Ordinance.
7.2. Consider awarding 85`h Street and Page Avenue Project.
Ron Wagner went over the bids received. CM Heidner asked about the Heritage Hills
Pond. Mr. Wagner explained that previously a 6 -inch pipe was installed to restrict flow
but now that the City has the Wilson Pond a 12 -inch pipe can and will be installed.
CM Struthers motioned to award the bid to low bidder Dresel Contracting, Inc., for
$1,772,947.80. Seconded by CM Scharber. All in favor. Motion carried.
7.3. Consider approving Plans and Specs and Advertisement for Bid for 2003
Road Maintenance Proiect.
CM Heidner motioned to adopt Resolution 2003-44 approving Plans and
Specifications and ordering advertisement for bids for the 2003 Road Maintenance
Project. Seconded by CM Struthers. All in favor. Motion carried.
7.4. Consider City Trunk Sewer and Water Project to Supply Utilities to
Kittredge Crossing as petitioned by Darrel A. Farr Development Corp
Ron Wagner went over his report. Dan Licht said staff needs authorization to proceed
with this.
Mayor Fournier motioned to prepare a Feasibility Study subject to payment by Farr
Development. Seconded by CM Struthers. All in favor. Motion carried.
7.5. Ouaday Avenue Access Request.
Mike Robertson attended a MnDOT meeting regarding Highway 101. MnDOT had
rough designs, which showed a overpass at CSAH 42. The Council directed Mike
Robertson to write a letter to Wright County Engineer stating the Quaday Addition
shouldn't be subject to their required setbacks since there will be overpass of CSAH 42.
7.6. Prairie Creek Drainage.
CM Heidner wanted to know the update of correcting a drainage problem in this area.
Ron Wagner said he will contact the Developer to get this done as promised last fall.
7.7. Engineering Manual Update.
City Council Meeting of April 28, 2003. Page 5.
May 8, 2003, Thursday, 4:30 PM was set for a City Council Workshop.
8. Andrew MacArthur City Attorney
8.1. Nuisance Update.
Mr. MacArthur explained that Dave Wendorf from his office is handling these nuisance
complaints and will attend the meeting on Wednesday to give a update.
CM Struthers motioned to turn over half of our nuisance complaints to the County
Attorney. Seconded by Mayor Fournier. All in favor. Motion carried.
8.2. Resolution for 88`h Street Stormwater Sewer Fee Assessment.
This was deleted from the agenda.
8.3. Water Tower Site.
Mr. MacArthur went over his report.
CM Struthers motioned to acquire this property for the price as outlined in the City
Attorney's letter. Seconded by CM Scharber. All in favor. Motion carried.
8.4. Closed Meeting for Attorney/Client Privilege
This item was deleted from the agenda.
8.6. Wright County's Letter regarding the forfeiture land
The Council agreed there isn't any public need for this property.
9. Council Items:
B. Request to join Wright County Economic Development Partnership.
Mayor Fournier motioned not to join the Wright County Economic Development
Partnership. Seconded by CM Scharber. All in favor. Motion carried.
C. Public Works Subcommittee.
May 15, 2003, Thursday 4:30 PM was set.
D. Administrative Subcommittee
May 29, 2003, 4 PM, Thursday was set.
E. Police Commission
May 13, 2003, 7 PM is the first Police Commission Meeting.
10. Mike Robertson City Administrator:
A. Personnel Recommendations
This was removed to be discussed at the Administrative Subcommittee meeting.
B. Consider authorizing sale of Bonds for 2003 Improvements
CM Struthers motioned to authorize the sale of Bonds for $5,350,000. Seconded by
CM Scharber. All in favor. Motion carried.
CM Struthers motioned to authorize the sale of Bond for $11,345,000. Seconded by
CM Scharber. All in favor. Motion carried.
The Council agreed to let out for bids.
C. 101 Update.
Mike updated the Council on the ramps exit designs.
City Council Meeting of April 28, 2003. Page 6.
Mayor Fournier motioned to approve the Resolution applying for Federal funds for
the CSAH 39 and State Highway 101 exit ramp. Seconded by CM Scharber. All in
Favor. Motion carried.
11. Judy Hudson, City Clerk.
Judy reminded everyone of Clean Up Day on Saturday.
12. Adjourn by 10 PM.
CM Scharber motioned to adjourn. CM Wendel seconded. All in favor. Motion
carried.
Meeting adjourned at 10:40 PM.
yor L r Fournier
Attest:
Jud ds ity Clerk/Zoning Administrator