05-13-02 CCCITY OF OTSEGO
CITY COUNCIL MEETING
MAY 13, 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: 35 PM.
Roll Call: Mayor Larry Fournier; Councilmembers: Jerry Struthers, Vern. Heidner,
Virginia Wendel and Suzanne Ackerman.
Staff. Mike Robertson, City Administrator; Judy Hudson, City Clerk/Zoning
Administrator; Andrew MacArthur, City Attorney; Dan Licht, City Planner and Ron
Wagner, City Engineer.
Pledge of Allegiance:
Mayor Fournier led in the Pledge of Allegiance.
2. Consider agenda approval
CM Wendel requested to remove Item 5.1. to under Item 93. and remove Item 5.2. to
under Item 6.5. Mayor Fournier requested to add under Item 9.C. Set a Council
Workshop to discuss City Staffing Requirements. CM Struthers requested to add under
Item 9.D. Transportation issues.
CM Heidner motioned to adopt the agenda as amended. Seconded by CM
Struthers. All in favor. Motion carried.
3. Consider the following minutes:
3.1. Apri122 2002 City Council Meeting
CM Heidner motioned to adopt the minutes. Seconded by CM Ackerman.
All in
favor. Motion carried.
3.2. April 25, 2002 Parrish Avenue Meeting_
Mayor Fournier motioned to adopt the minutes. Seconded by CM Wendel.
All in
favor. Motion carried.
3.3. April 30, 2002 Special City Council Meeting
CM Heidner motioned to adopt the minutes. Seconded by CM Ackerman.
All in
favor. Motion carried.
3.4. April 25 2002 City Council Workshop
CM Heidner requested to add Lenny Walker under attendees.
CM Heidner motioned to adopt the minutes. Seconded by CM Wendel. All in
favor.
Motion carried.
3.5. April 23, 2002 Board of Review.
CM Wendel motioned to adopt. Seconded by CM Ackerman. All in favor. Motion
carried.
City Council Meeting of May 13, 2002. Page 2.
4. Open Forum:
Mike Schneider, 10150 Kahler Avenue. He asked if there will be future park
development in his area (Island View Estates) and he would like to see more trails and
parks in his area. Mike Robertson stated that the next Parks Commission Meeting is June
12`h and encouraged Mr. And Mrs. Schneider to attend. Mike also explained the Parks
Commission have been directed to start working on the park located in Mississippi Pines
at Kadler Avenue and 10151 Street.
Jessica Stockamp, 15243 815L Court. She said that several residents in her neighborhood
have called City Hall requesting additional streetlights for their neighborhood along
Palmgren Avenue. This street is very winding and additional lighting is needed. Mayor
Fournier said this will be discussed under the Engineering Items.
5. Consent Agenda. (Non -controversial items)
5.1. Approve Claims List.
5.2. Conditional Use Permit to allow relocation of an existing single family
home to a lot within Otsego. (Applicant - Neal C. Roessler)
These items were removed from the Consent Agenda and placed under Item 9 and Item 6
respectively.
8.1. Public Hearing for applications for Cable Communications System
Franchise at 7 PM.
Mayor Fournier called the Public Hearing to order at 6:53 PM.
Bob Voss, attorney for Kennedy and Graven, said applications have been received from
Wright -Hennepin Link and Charter Communications. He explained the process involved
is statutory and advised the Council not to take action tonight. Mr. Voss said the
situation Otsego is faced with is absolutely unique for two reasons, Charter
Communications has been doing business in Otsego under a line extension permit and
Otsego has elected not to continue this and will require a franchise agreement. Wright -
Hennepin Link is asking for authorization to provide cable only to certain parts of the.
City and all of the City. This appears to be a conflict. Charter believes if the City grants
another permit they should be required to service the whole city and WH Link doesn't
believe this and wants to serve just certain areas of the City.
Mayor Fournier opened the Public Hearing for public comments.
Tucker Carlson of Charter Communications said they have been providing service as
Charter since 1999 and they are currently doing a multi-million dollar upgrade. He said
he is hereto answer any questions.
Mike Robertson said he has received comments that Charter won't serve residents in
certain neighborhoods. Mr. Carlson explained the density requirement of nine homes per
quarter mile is required. Mike Robertson said the comments came from the Pulte Town
homes and he knows this is one of areas that WH Link wants to serve. Mr. Carlson asked
for addresses and he will check into this.
City Council Meeting of May 13, 2002. Page 3.
CM Wendel asked if Charter serves the western part of Otsego. He replied he will
provide a map of their service area.
Gene South, President and General Manager of Wright -Hennepin Link stated that Otsego
granting their application will give birth to a system to allow subscribers digital channels,
pay for view, local and long distance phone service and cable service. They will have
high quality and expandable services. WH Link network allows them to provide Internet
today greater than DSL etc., this will be offered to everyone in Otsego starting now. Mr.
South went over the application information.
Mayor Fournier said he is not in a new development, can he get this service. Mr. South
said a map was included in the application.
CM Heidner asked if they need to grant an exclusive franchise on video service. Mr.
Voss explained on the communications, the City has no authority other than the right-of-
way and on the video side; the city is prohibited from granting an exclusive franchise.
Both the State and Federal Law encourages competition. CM Heidner noted the density
requirement for one applicant and the other applicant is just covering a portion of the city
and doesn't see that as competition. Mr. Voss said it will be important to think of what is
right and reasonable for the City and what meets the needs of residents.
Mayor Fournier asked if Otsego needs an Ordinance for this. Mr. Voss said the City has
operated without one but encouraged the Council to adopt an Ordinance.
Mike Robertson said he discussed with Mark Vogt, General Manger of Wright -Hennepin
Electric that they have installed their mechanisms for W -H Link under W -H Electric
Permits and which may be *a violation of the permit and have been told by Mr. Vogt's
staff that this won't happen again. Mr. Vogt said that under each instance, there has been
a disclaimer on the permit. Mr. MacArthur explained that each permit granted for WH
Link is to put in telecommunications only and not for video.
Mayor Fournier asked for any additional comments and there were none.
Mr. Voss explained that after the Public Hearing is closed; each applicant will get each
other's application and may file their comments. Mr. Voss will discuss with the
applicants about franchising and will bring back information before the Council in July.
CM Heidner asked for comments on competitiveness on small areas. Mr. Voss said
Charter is extending service to new areas as long as density rules are met. There is a
standard in most ordinances that requires constructions and asked the Council for
direction.
CM Heidner motioned to close the Public Hearing. Seconded by CM Struthers. All
in favor. Motion carried.
Public Hearing closed at 7:28 PM.
5.3. Approve three additional item fees to the
Fee Schedule for Development Applications
CM Heidner motioned to approve the Consent Agenda. Seconded by CM
Ackerman. All in favor. Motion carried.
City Council Meeting of May 13, 2002. Page 4.
6. Dan Licht, City Planner:
6.1. Otsego Waterfront Final Plat.
Dan Licht presented the Planner's Report. Ron Wagner said five-foot sidewalk
easements are needed on either side of the street and also egress/ingress and parking
easements over all lots and outlots.
Andy MacArthur stated he has been working on the proposed Developer's Agreement
and LandCor's Attorney. LandCor agrees with the infrastructure being assessed back with
a 100% Letter of Credit guaranteeing assessment payment.
Bob Fields of LandCor stated he agrees with the comments from the City Attorney and
Engineer and all five conditions in the Planner's Report. The ingress/egress easements
will be completed shortly and the 5 -foot sidewalks will be completed before the
execution of the plat.
CM Heidner motioned to adopt the Final Plat for Otsego Waterfront West
development subject to the five conditions listed in the Findings of Fact specifically
noting the Engineer's requirement for 5 -foot easements for sidewalks. Seconded by
CM Ackerman. All in favor. Motion carried.
6.2. Otsego Waterfront West:
A. PUD Development Stage Plan to develop a 22,300 square foot
Restaurant.
Dan Licht presented the Planner's Report. Ron Wagner went over his Engineering
Report. Mike Robertson reviewed his May 16`h memo regarding the SAC and WAC
Fees. Bob Fields, LandCbr, went over two issues. The first issue was parking and they
will demonstrate to staff that their intent is to meet the City's requirements. His other
issue was the SAC and WAC Fees and asked for 1 REC per 22 seats, the same as you
have given to Godfathers Pizza.
Mike Robertson said the initial figure he used was high because he hadn't received all the
information. Otsego has adopted the Met Council's guidelines and treat tablecloth
restaurants as 1 REC per 8 seats and fast food is 1 REC per 22. He said this is a Council
decision.
Dan Licht suggested an additional Condition 9 that the Developer enter into a
development contract and pay all required fees and securities required by it, subject to
review and approval of the City Attorney.
CINI Wendel motioned to approve the PUD Development Plan for a restaurant and
banquet facility on Lot 1, Block 1 of Otsego Waterfront subject to the nine
conditions listed in the Findings of Fact, which includes Condition No. 9 as
recommended by the City Planner. Seconded by CM Ackerman. All in favor.
Motion carried.
Mayor Fournier motioned to calculate the WAC and SAC Fees using 1 REC per 8
seats with staff to review for any adjustments, allow 50% of the WAC and SAC Fees
to be assessed over seven years and 50% of the WAC and SAC Fees to be paid at the
time the building permit is issued for Blackwood's Restaurant only because it is the
first anchor in the Otsego Waterfront West Development. Seconded by CM
Struthers. All in favor. Motion carried.
City Council Meeting of May 13, 2002. Page 5.
5.2. Conditional Use Permit to allow relocation of an existing single-family
home to a lot within Otsego. (Applicant is Neal C: Roessler)
Dan Licht presented the Planner's Report.
CM Wendel motioned to approve the Conditional Use Permit to relocate an existing
single family dwelling to a property at 14598 84`h Street NE subject to the six
conditions listed in the Findings of Fact. Seconded by CM Ackerman. All in favor.
Motion carried.
6.3. Zoning Ordinance Update.
Dan Licht presented the Planners report.
CN1 Heidner motioned to authorize the City Planner to proceed with the
recommended changes to the Zoning Ordinance as listed in the May. 7, 2002 Report.
Seconded by CM Struthers. All in favor. Motion carried.
6.4. Discussion of School Knoll Park Plan Alternatives.
Dan Licht presented the Planner's Report. He also noted that he will have a plan for the
Mississippi Pines Park for the next Parks Commission. Mike Day, Chair of the Parks
Commission, asked for support for the recommended plan. Mayor Fournier asked for an
estimated cost. Mike Robertson recommended for the Council to select a plan with any
slight modifications and direct the City Engineer to prepare Specs. for bidding.
CM Struthers motioned to select the recommended plan with the City Engineer to
prepare the Plans and Specs including a wall by the portable toilets to prevent tip
over. Seconded by CM Heidner. All in favor. Motion carried.
Mike Day also discussed Prairie Park asking for the Spring Toys to be installed now since
they have been received. For future planning, they want a bathroom to be installed to be
rented with the shelter, kitchenette to be rented with a steel rolled down covers with series
of outlets, design for irrigation system and well, swing sets at the play area, parking lot at
the shelter, grills at the shelter, bike rack at the parking lot, bike path at the perimeter of
the west side of the park, park benches at the playground and the Otsego Creek Area. The
Parks Commission will develop a Plan, go through a review and comment process and
have this ready to develop next spring.
CM Heidner motioned to direct the City Engineer to prepare a cost estimate and
Dan Licht to prepare drawings. Seconded by CM Ackerman. All in favor. Motion
carried.
7. Ron Wagner, r, City Engineer:
CM Ackerman left the meeting at 8:55 PM.
7.1. Acceptance of Feasibility Report for Quaday Avenue and 91" Street
Ron Wagner reviewed the Feasibility Report. He will prepare a Resolution for the next
Council Meeting. Bob Fields stated he agrees with the Engineer's Report.
7.2. Consider approval of Pay Estimate #1 for 85`h Street Watennain
CM Ackerman arrived back to the Council Meeting at 9:16 PM.
CM Wendel motioned to approve Pay Estimate No.1 for $115,600.61 for the 85`h
City Council Meeting of May 13, 2002. Page 6.
Street Watermain Construction. Seconded by CM Struthers.
Voting For the Motion: CM Wendel, CM Struthers, CM Heidner and Mayor
Fournier.
Abstained: CM Ackerman.
Motion carried.
7.3. Any other Engineering Business.
The Council discussed the Street Light Policy. They agreed to direct Mike Robertson and
Ron Wagner to review the current Street Light and Street Parking Polices.
8. Andrew MacArthur, City Attorney:
9. Council Items:
A. East and West Sewer Plant Update.
Mayor Fournier said he talked to Ted Field last week and Ted reported the MPCA is
working on the EAW and hopes it will go out for public comment in June.
B. City Council Workshop for staffing needs.
Mayor Fournier set June 11, 2002, 4 PM as a Council Workshop.
C. Claims List
CM Wendel questioned the uniform rentals. Judy Hudson said the higher charge reflects
the change over from winter uniforms to summer uniforms.
CM Wendel motioned to accept the Claims List as presented. Seconded by Mayor
Fournier. All in favor. Motion carried.
D. Transportation Issues.
CM Struthers questioned if Otsego should join with other communities to put pressure on
MnDOT. Mike Robertson suggested that the City shouldn't approve the plan if the
Summary Report doesn't include certain items.
9.1. Mike Robertson, City Administrator:_
A. Discussion of changing hours of Police Coverage.
Mike asked the Council if they want to go with 20 or 24-hour coverage stating it might
cost an additional $10,000 over the budget to go with 24-hour coverage. CM Heidner
wants to start budgeting for a City Police Department.
CM Struthers doesn't want additional hours if it's just paying for mutual aid to other
communities.
CM Ackerman wants to work on a budget for a Police Department before going with
more hours.
Both CM Heidner and CM Struthers want to see logs of other communities showing
mutual aid to Otsego.
Mayor Fournier stated he feels that Otsego will eventually need a their own Police
Department but right now he feels we need to address policing issues and expand hours
with Wright County.
CM Wendel said she is tired of Otsego bashing Wright County Sheriffs Department.
CM Heidner replied he doesn't feel Wright County is doing their job.
CM Struthers stressed he isn't criticizing the department but the administration.
City Council Meeting of May 13, 2002. Page 7.
Mayor Fournier stated he is not against Otsego having their own Police Department but
suggested to increase the police hours now and have a budget put together to see what it
would cost for a Police Department and directed to this on the next City Council Agenda.
Mayor Fournier motioned to extend the Wright County Sheriffs hours to 24 hours
to the end of the year and for Mike Robertson to put together a budget for Otsego's
Police Department. Seconded by CM Wendel.
Voting For the Motion: Mayor Fournier, CM Wendel and CNI Ackerman.
Voting Against the Motion: CM Heidner and CM Struthers.
Motion carried three (3) to two (2).
Both CM Heidner and CM Struthers stated they feel increased hours will not make a bit
of difference in police coverage.
B. League of MN Cities Conference.
If anyone wants to attend the conference they should contact Mike Robertson and he will
register you. CM Ackerman said she would attend.
9.2. Judy Hudson, City Clerk.
Mayor Fournier to donate $100.00 to the Elk River/Rogers VFW for the flags they
donate to the City. Seconded by CM Ackerman. All in favor. Motion carried.
10. Adjourn by 10 PM.
CM Ackerman motioned to adjourn. Seconded by Mayor Fournier. All in favor.
Motion carried.
Meeting'adjoumed at 10:03 PM.
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