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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