08-26-02 CCCITY OF OTSEGO
CITY COUNCIL MEETING
AUGUST 26, 2002
COUNCIL CHAMBERS
OTSEGO CITY HALL
6:30 PM
1. Mayor Fournier will call the August 26 2002 City Council Meeting to order:
Mayor Larry Fournier called the meeting to order at 6:30 PM.
ROLL CALL: Mayor Larry Fournier; Councilmembers Vern Heidner, Jerry
Struthers, and Virginia Wendel. Susanne Ackerman arrived at 7:05 PM
Staff. Mike Robertson, City Administrator; Judy Hudson, City Clerk/Zoning
Administrator; Carol Olson, Deputy Clerk; Ron Wagner, City Engineer; and
Andrew MacArthur, City Attorney.
Pledge of Allegiance:
Mayor Fournier led in the Pledge of Allegiance.
2. Consider Agenda Approval
Mayor Fournier requested to move 8.2, 8.3, 8.4, 8.5, 8.6, and 8.7. after Aslagson Public
Hearing and to delete 9.13. Mike Robertson requested to add under item 7.4. Cty. Co-op.
agreement.
CM Heidner motioned to adopt agenda as amended. CM Wendel seconded the
motion. All in favor. Motion carried unanimously.
8. Andrew MacArthur, Citv Attorney
8.1 6:30 PM - Public Hearing for Aslagson Septic System replacement
Andrew MacArthur, City Attorney, explained the local improvement agreement and
waiver in packet. Mr. Aslagson is here tonight and has no objection to septic replacement
work, but would like the to be assessed over a four or five year period. The building
official will respond to any questions.
Jerry Olson, Building Official - It has been about one year now since Mr. Aslagson has
been contacted by our attorney. His present septic system is an eminent threat to public
health. A design for a new system has been submitted, reviewed and approved and is
ready to go.
Mayor Fournier opened the Public Hearing at 6:35 PM for Aslagson septic System
replacement.
Mr. Gary Aslagson, 15972 62nd Street NE, he has tried to get funding for the work. He is
alright with the City going ahead and doing this, but can't pay it off in one year. He can
afford five or six years.
Andrew MacArthur, City Attorney, recommended adopting Resolution No. 02-35 and
City of Otsego Council Meeting of August 26, 2002, continued Page 2
work out other details, add complete work in 14 days and adopt the abatement tonight.
Administrative costs would be the only costs, unless additional abatement costs are
incurred. Hearing no further comments, Mayor Fournier closed the public hearing at
6:45 PM.
CM Struthers motioned to adopt abatement Resolution, including the 14 day clause.
CM Heidner seconded the motion. All in favor. Motion carried.
CM Heidner motioned to assess costs across 5 years at 6.5% interest. CM Wendel
seconded the motion. All in favor. Motion carried.
8.2 Consider Enacting Cable Ordinance
8.3 Discussion of Charter Communications Franchise Application
8.4 Consider Adoption of Charter Franchise
8.5 Discussion of WH Link Franchise Application
8.6 Consider Adoption of W H Link Franchise Application
8.7 Any other Legal Items.
Bob Vose, Kennedy and Graven - Went over the report setting out the facts.
There have been two applications filed. WH Link and Charter Communications. Both
Charter and WH Link have indicated possible litigation if they are not satisfied with City
decisions. He highlighted Definitions and went over the Sections in the proposed
Ordinance.
CM Ackerman arrived at this point in the meeting. (7:05 PM)
Mayor Fournier asked about the City's flexibility allowing companies or not. Can just
one franchise be given?
Bob Vose explained that the City can not allow an exclusive provider.
CM Wendel was concerned with possible litigation.
Bob Vose said threats of litigation have not been made to get something from the City,
but more applying to their rights.
CM Heidner said it appears the different proposed areas do not overlap each other.
Would that be considered true competition?
CM Heidner regarding restoration time frame, stated that we have received complaints.
He would like to see it changed from allowing 15 days to do repairs to 10 days and treat
all the utilities equally. He also had concerns about 4.3, Tree cutting. He has seen
trimmers cut all but the trunk, and would like to see additional wording to prevent this
from happening in the future.
Bob Vose explained that the City may supervise the tree trimming activities.
Tucker Carlson, Charter Communications, addressed complaints regarding repair work
after installation. He apologized for any delays and asked that we please contact them
whenever a problem occurs.
City of Otsego Council Meeting of August 26, 2002, continued Page 3
Mayor Fournier said there were problems in his area and they had a difficult time getting
the work done. He is concerned with addressing citizens needs with repairs.
Mr. Carlson agreed to look into it.
Mark Ayotte, Attorney, Briggs & Morgan - WH Link, The City of Otsego is a Pioneer
with the novel issues regarding a General Regulatory Ordinance. W H Link has applied
for a Franchise with the City and would like the opportunity to serve customers in the
community. Each Company must identify the proposed service areas. W H Link in their
application has done that and they would welcome Charter's competition. They also
have no problem with 10 day repair request. W H Link virtually does no tree cutting with
services underground.
Mayor Fournier would like to review this issue further and address it at a later date.
Bob Vose said he can make changes to the franchise ordinances by meeting date.
Mayor Fournier set a meeting date for October 14`h, 2002, to further review issues.
3. Consider the following Minutes:
3.1 August 12, 2002 City Council
CM Heidner - 7.3. Recommended change wording to add 85`' Street Project not just
next years road project.
CM Heidner motioned to adopt August 12, 2002 City Council Minutes as amended.
Second by CM Ackerman. All in favor. Motion carried.
4. Open Forum
Bryan Lugert, 14438 915` Street NE, has complained by e-mail regarding the Lyle
Peterson property.
Richard Wilt, 9309 Nelmark Avenue NE, has called regarding Lyle Peterson property.
He never received information on the status of the complaint.
Mike Robertson, City Administrator explained that after a certain period of time these
matters are turned over to prosecutors. We are at the mercy of the courts, and
unfortunately junk and blight complaints are a low priority to them. He stated the City
will contact them when a court date is set, but it is up to the judge whether they will be
allowed to testify.
5. Consent Agenda. non -controversial items) Moved to 9.C.
6 Dan Licht. Citv Planner:
6.1 Building Review and Final Plat for Riverview Community Bank located
on the MRD Christ Lutheran Addition.
The applicant has requested by Faxed letter dated 8-26-02, that the this be continued until
further notice from applicant.
City of Otsego Council Meeting of August 26, 2002, continued Page 4
6.2 Any other Planning Items.
NONE
7. Ron Wagner, r, City Engineer:
7.1 Consider Pav Estimate No. 2 for Citv of Otsego Proiect #002-03
(Waterfront)
Ron Wagner, City Engineer, went over Pay Estimate No. 2. for City of Otsego Project
#02-3 (Waterfront).
CM Heidner motioned to pay Pay Estimate No 2. In the amount of $104,503.34.
CM Struthers seconded the motion. All in favor. Motion carried.
7.2 Consider Pay Estimate No 2 for City of Otsego Project #02-01
(Page Avenue - 79`h Street to 85th Street).
City Engineer, went over Pay Estimate No 2 for City of Otsego Project #02-01
(Page Avenue - 79th Street to 85th Street).
CM Heidner motioned to pay Pay Estimate No 2. In the amount of $ 91, 600.28.
CM Struthers seconded the motion. All in favor. Motion carried.
7.3 Consider awarding City of Otsego Project #02-09
(85th Street Bike Path - Page Avenue to School Knoll Park Trail).
City Engineer went over the improvement project for the Bike path to School Knoll Park.
CM Struthers motioned to award City of Otsego Project #02-09 to Rum River
Contract, Inc. for proposed bid of $28,661.23. CM Heidner seconded the motion.
All in favor. Motion carried.
7.4. Any other Engineering Business.
Mike Robertson, City Administrator, gave an update on Wright County road issues.
Ron Wagner, City Engineer, discussed a Memo dated August 26, 2002, regarding
Landcor's request to have an Agreement Amendment to allow full right out on
southbound Quaday Avenue Access to CSAH 39. He recommends support for request.
Mayor Fournier motioned to adopt recommendation for an Agreement Amendment.
CM Struthers seconded the motion. All in favor. Motion carried unanimously.
The City Engineer gave an update on the City culvert inspections they conducted within
the City. He will do a letter to the Burlington Northern Railroad stating that the pipe is
broken and in need of repair north of 65`h Street and Jansen Ave. All other culverts in
that area are ok and are functioning properly.
9. Council Items:
A. East and West Sewer Plant Update.
Mayor Fournier updated the City Council on progress on the West Sewer Plant. He has
City of Otsego Council Meeting of August 26, 2002, continued Page 5
spoken with the MPCA and was told that by September 15, the EAW should be out for
public comment. If no comments are received within 30 days it should be good to go.
City Attorney went over the process if comments are received within 30 days.
9.2. Judy Hudson, City Clerk:
Judy Hudson, City Clerk, informed the City Council that the voting booths are
ready and will soon be installed.
9.0 Consent Aizenda moved from Item 5.1
CM Heidner motioned to adopt amended claims list. CM Wendel seconded the
motion. All in Favor. Motion carried unanimously.
Mayor Fournier reminded everyone that the candidacy for City Council positions will be
open tomorrow.
10. Adjourn by 10 PM.
CM Ackerman motioned to adjourn. CM Wendel seconded the motion. All in
favor. Motion carried. Meeting adjourned at 9:45 PM.
_74-
ayor L Fournier
"�L 'cm
Ju y udson, City Clerk
Recorded by: Carol Olson, Deputy Clerk
CC Minutes 8-26-02.wps CO