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03-25-02 CCCITY OF OTSEGO CITY COUNCIL MEETING MARCH 25, 2002 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, Virginia Wendel, Jerry Struthers and Suzanne Ackerman. Staff Mike Robertson, City Administrator; Judy Hudson, City Clerk/Zoning Administrator; Daniel 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. CM Struthers requested to add under Item 9.C. Community Festival, under Item 9.D. Police Logs. Mayor Fournier requested to add under Item 8.4. Christ Lutheran Church Letter of Condemnation. Dan Licht requested to add under Item 6.7. Planning Commission By-laws. Mike Robertson requested to add under Item 9.1. Legislative Update. CM Heidner motioned to adopt the agenda as amended. Seconded by CM Struthers. All in favor. Motion carried. 3. Consider the following minutes: A. March 11, 2002 City Council Meeting_ CM Struthers noted under Item 7 that the record shows he both motioned and seconded. Mayor Fournier noted under Item 9.1. It should read Police Commission. CM Heidner motioned adoption of the minutes as amended. Seconded by CM Wendel. All in favor. Motion carried. 4. Open Forum: A. Special Presentation by Jerry Olson, Building Official, update on Nuisance Ordinance Violations. Jerry Olson gave a brief update on the Nuisance Ordinance Violators. B. Gga Groen, Accountant, unaudited final 2001 Budget Figures. Gary Groen referred to the Summary prepared for packet. He said these are preliminary numbers and reviewed the Summary. Mike Robertson gave a Legislative Update stating the cities should budget next year as if we lose the LGA. C. Consider Reliant Energy/Minnegasco Franchise Renewal. Andy MacArthur stated their Franchise is up for renewal. Arnie Hendrickson, Reliant Energy stated they are starting their request early to accommodate everyone since they City Council Meeting of March 25, 2002, cont'd. Page 2. have 85 renewals this year. CM Heidner motioned to direct City Staff to continue negotiations and proceed with Reliant Energy. Seconded by CM Struthers. All in favor. Motion carried. Wright County Deputy Jake Hermanson explained his new communication system with Otsego. Mayor Fournier stated this sounds positive and requested a report in six weeks. 5. Consent Agenda. (Non -controversial items) 5.1. Approve Claims List. CM Wendel motioned to approve the Consent Agenda. Seconded by CM Ackerman. All in favor. Motion carried. 6. Dan Licht, City Planner: 6.1. Final Plat for Otsego Commercial Park. Dan Licht presented the Planner's Report and Ron Wagner presented the Engineering Report. Mike Robertson stated the Kolles at the Public Hearing requested their land to be condemned if an easement was needed. Andy MacArthur stated a draft Developer's Agreement was approved by the City Council last year. Andy wants an Interim Agreement or Security Agreement for the City to be reimbursed for condemnation costs and security will be needed. After further discussion on the street construction and assessment the City Council directed the applicant and staff to work together. Mayor Fournier motioned to table this issue for staff to review with the developers. Seconded by CM Heidner. All in favor. Motion carried. 6.2. Betty Benson of 8982 Mason Avenue. A. Rezoning from A-1 District to A-2. B. CUP to allow horses in an A-2 Zoning, C. Preliminary and Final Plat. Dan Licht presented the Planner's Report. The applicant, Betty Benson, questioned why she has to give a 40 -foot right-of-way rather than the usual 33 -foot. Ron Wagner explained that Mason Avenue will be upgraded to a Collector Street. Betty also questioned the 50 -foot drainage easement on the creek and what type of activity would be done in this easement. Ron Wagner explained this is what has been done with other property developed along the creek. The easement would be for the City to go in and clean up the Creek if necessary. Betty Benson requested her application be tabled until she receives clarification on the 50 -foot easement. CM Heidner motioned to table this application until the April 8, 2002 City Council Meeting. Seconded by CM Ackerman. All in favor. Motion carried. City Council Meeting of March 25, 2002, cont'd. Page 3. 6.3. Dale M. and Anne Beaudry, 7675 MacIver Avenue. A. Conditional Use permit to allow a home to be built on a non- conforming lot that does not have required minimum frontage or direct access to a public street access. Mayor Fournier stated that since information was received late from the applicant, staff members haven't had time to review and he recommended tabling this issue. Mayor Fournier motioned to table this application until the April 8, 2002 City Council Meeting. Seconded by CM Wendel. CM Wendel withdrew her second. CM Ackerman seconded. Voting For the Motion: Mayor Fournier, CM Ackerman, CM Struthers, and CM Wendel. Voting Against the Motion: CM Heidner. Motion carried four (4) to one (1). 6.4. John DeMars driveway access across City property. Dan Licht reviewed the Planner's Report. Ron Wagner stated the driveway can be placed on the far western end of the property and this area would be best for access. He also recommended getting an easement around the wetland. John DeMars said he is open to any suggestions. CM Struthers motioned to table this request and refer to the Park Commission for their comments. Seconded by CM Wendel. All in favor. Motion carried. 6.5. Amendment to Zoning Ordinance Section 37 regarding business Wall signs for commercial and industrial uses. Dan Licht presented the Planner's Report. CM Heidner motioned to adopt the Ordinance amending Section 37 of the Zoning Ordinance (signs) for the Number of Wall, Canopy or Marquee Signs allowed within the Business and Industrial Zoning Districts. Seconded by CM Ackerman. All in favor. Motion carried. 6.6. Discussion of Proposed Redesign of School Knoll Park. Dan Licht went over the proposed changes. The Council discussed the proposed changes the Parks Commission recommended in their February 13, 2002 Minutes. The Council agreed with the proposed changes except the following: To use portable bathrooms rather than permanent ones. To design two half basketball courts side by side rather than full ones. Delete a sink and electrical service. To not increase the size of the parking lot. To place a stub for future sewer hookup. Mike Robertson will have the plan re -designed and bring it back to the Council. 6.7. Acquire Park Land in Western Otsego. CM Struthers would like to see land in the western end of Otsego purchase for future parks. CM Struthers motioned to appoint a subcommittee to purchase parkland in western Otsego with Park and Trail Fees. Seconded by Mayor Fournier. City Council Meeting of March 25, 2002, cont'd. Page 4. Discussion: CM Heidner questioned if the subcommittee would have unlimited funds and how much land is needed. CM Struthers would like 120 acres. CM Wendel said she could support a subcommittee looking for land but not have the ability to purchase. CM Ackerman agreed with CM Wendel. Mayor Fournier would like to see land designated for a future park but not to purchase. CM Heidner would also like to see a plan. Voting For the Motion: CM Struthers Voting Against the Motion: Mayor Fournier, CM Heidner, CM Ackerman and CM Wendel. Motion failed four (4) to one (1). CM Struthers motioned to direct Mayor Fournier to appoint a subcommittee to investigate an area in western Otsego for a large community park. Seconded by Mayor Fournier. All in favor. Motion carried. Mayor Fournier appointed CM Struthers and CM Heidner. 6.7. Planning Commission By-laws. CM Heidner motioned to adopt the By-laws. Seconded by CM Struthers. All in favor. Motion carried. Mike Robertson stated that at the last Parks Commission Meeting the members requested the $22,000 that was used in 2001 for Community Recreation is used to hire a part-time recreation coordinator for Otsego. Mayor Fournier said that nothing was budgeted for 2002 for recreation. Consensus was to not hire a part-time recreation coordinator. 7. Ron Wagner, City Engineer: 7.1. 85th Street Watermain Bid Approval. Ron Wagner went over the bids. CM Struthers motioned to award the bid to Volk Sewer and Water of for $131,783.68. Seconded by CM Wendel. All in favor. Motion carried. 8. Andrew MacArthur, City Attorney; 8.1. Condemnation of Extension of 85th Street R No action taken. 8.2. Approve Notice of Intent to Franchise - Cable TV Providers. Andy MacArthur reviewed. CM Heidner motioned to issue a Notice of Intent to Franchise with application deadline date of May 6, 2002 and with hearing held on May 13, 2002. Seconded by CM Struthers. All in favor. Motion carried. CM Heidner motioned to establish an official application form as recommended by the City Attorney. Seconded by Mayor Fournier. All in favor. Motion carried. City Council Meeting of March 25, 2002, cont'd. Page 5. 8.3. Amendments to Liquor Ordinances. CM Heidner motioned to adopt Ordinance Amendment to Otsego Ordinance No. 91-07 regarding regulation of Non -Intoxicating Malt Liquors Deleting the Requirement for Public Hearing for Granting or Renewing a License. Seconded by CM Struthers. All in favor. Motion carried. CM Heidner motioned to adopt Ordinance Amendment to Otsego Ordinance No. 91-08 regarding regulation of Intoxicating Liquor and Wine, Deleting the requirement for Public Hearing for granting or renewing a license. Seconded by CM Struthers. All in favor. Motion carried. 8.4. Christ Lutheran Church Letter of Condemnation. Mayor Fournier motioned to approve Resolution authorizing procurement of permanent easements for storm water drainage utilities purposed for 88th Street Extension Project amending .6 acre storm water easement to .425 acre storm water easement. Seconded by CM Struthers. All in favor. Motion carried. 9. Council Items: A. East and West Sewer Plant Update. None B. Discussion of Economic Development Planning Process Mike Robertson asked the Council if they want Mr. Wilson to produce a Plan. Rudy Thibodeau, member of the EDAAC, stated the EDAAC requested a consultant to prepare a plan and questioned if this direction was given to Mr. Wilson. Mike replied that wasn't the Council direction. Mayor Fournier asked the Council if they want a Final Economic Development Plan. CM Wendel stated she doesn't want to spend any additional money. CM Ackerman agreed with her. Both CM Heidner and CM Struthers did not want to continue with Dan Wilson on this project only. Mayor Fournier would like to see the process completed with a Final Plan. Rudy Thibodeau agreed to no more money spent, but suggested a joint meeting to discuss projects. Mike Robertson would like to see everyone at this meeting state what the Economic Plan should be. The meeting will be April 15, 2002 at 6 PM for just the EDA and EDAAC. C. Festival CM Heidner motioned to give the Otsego Great River Festival group $500.00 from the Council Contingency Fund to investigate having a festival. Seconded by Mayor Fournier. All in favor. Motion carried. D. Police Logs The City Council reviewed the Logs. 9.1. Mike Robertson, City Administrator: On April 29, 2002, 7 PM there will be a transportation meeting with St. Michael. Mike informed the Council that Accountant Gary Groen has accepted a job offer from the City Council Meeting of March 25, 2002, cont'd. Page 6. Elk River School District. He will stay until the end of April. The Council agreed to meet Gary's associate prior to a City Council Meeting. Mike gave a Legislative Update. Both CM Ackerman and CM Struthers announced their intentions of seeking the newly created legislative seat. 9.2. Judy Hudson, City Clerk. No updates. 10. Adjourn by 10 PM. CM Ackerman motioned to adjourn. Seconded by CM Wendel. All in favor. Motion carried. Meeting adjourned at 10:35 PM. yr"trlz� ayor L &f Fournier Ju dson, City Clerk