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03-23-98 CCCITY OF OTSEGO WRIGHT COUNTY, MINNESOTA CITY COUNCIL MEETING 6:30 PM COUNCIL CHAMBERS OTSEGO CITY HALL MARCH 23, 1998 1. Mayor Larry Fournier will call meeting to order Mayor Fournier called the March 23, 1998 City Council Meeting to order at 6:30 PM. a. Pledge of Allegi n Mayor Fournier led in the Pledge of Allegiance. h_ Roll Call. Mayor Larry Fournier; Councilmembers: Mark Berning, Vern Heidner, Virginia Wendel, Suzanne Ackerman. Staff: Mike Robertson, City Administrator; Elaine Beatty, City Clerk/Zoning Administrator; Judy Hudson, Deputy Clerk; Andrew MacArthur, City Attorney. 2. Consider agenda approval- Mike p rov 1_Mike Robertson requested the addition of Item 9.3.e. Discussion of tree trimming quotes. Mayor Fournier requested Consent Agenda Item 5.3. Approve Fee Schedule for Clean Up Day removed and placed under Item 9.2. CM Heidner motioned to adopt the March 23, 1998 City Council Agenda as amended. Seconded by CM Berning. All in favor. Motion carried. 3. Consider Minutes: a. Regular Council Meeting of March 91998_ Mayor Fournier requested the addition of his question to Ted Field (Item 4. Lb, pg. 2.) of the status of the Environmental Worksheet Assessment (EAW) for the Wastewater Treatment Plant. Mr. Field replied the EAW is being reviewed and prepared for the Public Hearing. CM Berning motioned to adopt the March 9, 1998 City Council Meeting Minutes as amended. Seconded by CM Heidner. All in favor. Motion carried. 4. Open Forum_ 4.1. Special Presentation: A. Crary Groen - update on City Finances_ Mr. Groen reviewed the February Statements. Mr. Groen also informed the Council he has provided the Park and Rec. Commission with budget information. He noted there is approximately $55,000 in the Park Development Fund. The City Audit has been scheduled for the end of April and staff will be meeting with Banyon Software on Monday to discussed new financial software. Mr. Groen noted the cash flow from now until June is in good order. City Council Meeting of March 23, 1998, cont'd. Page 2. b Presentation to City of Otsego Mayor and Council by Amie Hendrickson of Minnegasco (Customer for 25 Years Anniversary Plaque). Mr. Hendrickson presented to the City Council a plaque and a check of $250 in recognition of 25 years of natural gas service to Otsego. (see attached letter). Mayor Fournier thanked him on behalf of the Council and Citizens of Otsego. C Teff Bartheld, Park & Recs. Chair - Discuss seeding Prairie Park Jeff Bartheld, Chair of the Park and Recs. Commission, stated to the Council his request and reasons for Council support of re -seeding and fertilizing areas of the Otsego Prairie Park. Mr. Bartheld requested $2,000 to start this immediately. This year they would like to do one ball field, soccer field and spot areas in the wooded area. Other commission members, Tom Constant, Sue Kroll, Nicolle Martin and Mike Day also addressed the Council supporting the $2,000 request. Mr. Bartheld also updated the Council that the Friends of the Park Program is sending out letters to businesses asking for contributions. He also asked if the Park and Rec. Commission should be preparing for any input to the updated Comprehensive Plan. Mayor Fournier stated they should. Mr. Bartheld also said the Bike and Trail Plan is two-thirds completed and they will need Council approval and a Public Hearing to finish it. 4.2. Any other Open Forum, John Knaus, Anoka, appeared on Open Forum to state that he is interested in purchasing the Peavey property which is owned by the City. 4-A- Continuation of Council Annual Review of CUP for Dennis Fehn (For Grading, Mining and Excavation CUP) See attached information_ Mayor Fournier noted the applicant was not in attendance and that the requested information from the last council meeting was not received. Mayor Fournier directed Mike Robertson to contact Dennis Felin and Terry Olson, Hasson Township, and inform them the Council will act on this Review of CUP at the next Council Meeting. Mr. Olson previously submitted a Petition from Hasson Township residents requesting change of hours for operation. 5 Consent Agenda.(non-controversial items) 5.1. Approve pay raise for Public Works Maintenance I Position. 5-2- Approve Resolution for addition of Quaday Avenue #42 to 85th Street to MSA System, 5-4. Approve Arlene Holen to move to regular Heritage Preservation Member from 1st Alternate Member. Item 5.3. was removed from the Consent Agenda and placed under Item 9.2. CM Heidner motioned to adopt the Consent Agenda as amended. Seconded by CM Ackerman. All in favor. Motion carried. 6 Bob Kirmis- ssistant City Planner. Mr. Kirmis was not in attendance. City Council Meeting of March 23, 1998, cont'd. Page 3. 6.1. Consider closure of Kadler Avenue NE South of 1 -94 - Mike Robertson, City Administrator presented the report on the Kadler Avenue Closing. Mayor Fournier asked for any public comment. Bruce Lubke, 65th Street. Mr. Lubke stated the closure of the south end of Kadler was tine but stated concern if all of Kadler Avenue is vacated. Mr. Robertson stated the Planning Commission recommended that just the south end of Kadler Avenue is closed. The Council discussed the future possibility of this street being vacated. Mr. MacArthur said the developer is just asking for closure at this time. For vacation of a road there must be a petition. CM Heidner motioned that the City of Otsego recognizes closing of Kadler Avenue which Ges in the City of St. Michael with the realization that the City of Otsego opposes future vacation of Kadler Avenue. Seconded by CM Ackerman. All in favor. Motion carried. Mayor Fournier suggested for CM Wendel and CM Ackerman to take this issue up with the City of Albertville. 7. Andrew MacArthur, City Attorney, 7.1. Present LMC Resolution regarding Right-of-way. Mr. MacArthur distributed the model ordinance. It was the consensus of the Council to have this Item on the next City Council Agenda. 7-2- Consider action for renters at Peavey House - past due rent_ Mr. MacArthur said the attached letter of March 18, 1998 was sent to Mr. and Mrs. Hagen giving them until May 1, 1998 to pay in full all rent due. If not, his firm will initiate unlawful detainer proceedings on behalf of the City. The City Attorney was directed to send a follow-up letter to Mr. and Mrs. Hagen. 7 Consider New Liquor License for Randel D_ and Deborah Carron 14975 95th Street NF. Otsego, MN 55330 for Off -Sale Intoxicating I .iQr or License (to be used at F&F Foods Complex leased space on Hwy 101 and Co Rd 42 SE Corner - Owned by Clem Darkenwald. Mayor Fournier opened the Hearing at 7:35 PM. Elaine Beatty stated the proper noticing was done. Mr. MacArthur explained this Hearing is for the purpose of granting a new Off -Sale Intoxicating Liquor License. The Certificate of Insurance received did not meet City Ordinance limits. The applicant will be submitting proof of the required insurance requirements. Mr. MacArthur also referred to his letter dated March 11, 1998 addressed to Randy and Debbie Carron informing them the City Council is presently considering the possibility of establishing a municipal liquor store and the City must decide whether or not it would operate an exclusive off -sale liquor store. Mayor Fournier opened the Public Hearing for public comments. Randy Carron, applicant, requested the Council to approve this liquor license. He said they will be located at F&F Foods and have already invested money for this business. He wants to open on May 1, 1998. City Council Meeting of March 23, 1998, cont'd. Page 4. Mayor Fournier asked Mr. Carron if he is aware that the Council could decide to open a Municipal Store. Mr. Carron replied he is aware of this. Mayor Fournier questioned if this license would only be good through the end of June and than would have to be renewed. Mr. MacArthur replied that is correct per City Ordinance but the current fee would be pro -rated. There were no other public comments. CM Heidner motioned to close the Public Hearing. Seconded by CM Berning. All in favor. Motion carried. Elaine Beatty, City Clerk/Zoning Administrator, stated she did receive the background check back from the Wright County Sheriff's office and everything checked out fine. CM Berning motioned to adopt Resolution No. 98-11, approving Off -Sale Liquor License to allow Randal D. and Deborah A. Carron approval of an off -sale, intoxicating liquor license within the City of Otsego, subject to meeting all requirements of the City Ordinance and subject to the State of MN approval. Seconded by CM Wendel. All in favor. Motion carried. 7.4. Consider Celebration Ordinance, Mr. MacArthur reviewed the Celebration Ordinance with the Council. Mr. MacArthur suggested the Council review this ordinance, especially reviewing the numbers and if this should be administered by the City Staff rather than bringing to the Council. CM Berning wanted to review the number of people and exemptions to include family events and Riverwood Conference Center. Mr. Robertson wanted to review the 45 Day approval, feeling this is too long of a process time. CM Heidner requested the Park and Rec. Commission review the Ordinance. He questioned if Minn -e -golf should also be excluded. CM Berning will review it with them. Mayor Fournier directed to have the consideration of the Celebration Ordinance placed on the May 11, 1998 City Council Agenda. Staff was directed to fine tune the Ordinance prior to this date. Salzwedel. Mr. MacArthur reviewed the Animal Control Contract he prepared. Mayor Fournier suggested changing city official to City Administrator designee in the contract. The Council agreed. CM Berning motioned to authorize the City Administrator to sign the Animal Control Contract with changing the words city official to City Administrator designee. Seconded by CM Wendel. All in favor. Motion carried. 7 h Anv nthPr T Panl RiicinPcc Mr. MacArthur reviewed Hakanson, Anderson letter of March 17, 1998 and his letter of March 19, 1998. City Council Meeting of March 23, 1998, cont'd. Page 5. The attached conditional Resolution for Council consideration, states that all conditions must be met for Council's acceptance of the Heritage Hills streets. Mayor Fournier questioned if the pond is correct. Mr. MacArthur said this was discussed with Larry Koshak. Mr. Koshak indicated he will accept the pond the way it is. The pond is deeper with more capacity. The outlot will also need to be deeded over to the City. CM Heidner stated concern with the section of the road that does not meet City Standards. Mr. MacArthur discussed this with Mr. Koshak who feels any deficiencies what they are talking about will show up in the second year and therefore the City can collect on the Letter of Credit. Mr. Robertson explained how measurements weren't taken in one area and therefore the developer can't prove the road was built to code. The road may have been built fine. CM Wendel stated concern with safely issues because of the steepness of the slopes. Mr. Robertson said the landscaping still needs to be completed this spring. Jeff Bartheld requested the closure of the construction driveway which is located across from his place. He feels this is a safety issue with all the traffic coming off this driveway. He also asked about the dirt pile. Mr. Robertson will contact the developer on those issues. CM Heidner motioned to adopt Resolution No 98-9, approve contingent acceptance of streets for Heritage Hills Plat. Seconded by CM Ackerman. All in favor. Motion carried. Mr. MacArthur stated he provided the Council with appraisal bids for the 1998 Trunk and Sewer Project and Odean Avenue Project. He asked for Council approval to go ahead with the appraisal work. He has received the Owners encumbrance reports back for Odean Avenue. He should get the Owners Encumbrances reports for the Sewer and Water projects in two or three weeks. Mr. MacArthur noted it is very crucial to start the appraisal work in order to keep on schedule for the water and sewer project. Mayor Fournier motioned to approve the quote of $175.00 per parcel with the Lyle H. Nagel and Company. Seconded by CM Heidner. Voting For the Motion: CM Heidner, Mayor Fournier, CM Ackerman, CM Wendel. Voting Against the Motion: CM Berning Motion carried four (4) to one (1). R_ John Harwood. ity Engineer, John Harwood was not in attendance. Mike Robertson announced that Merland Otto is leaving Hakanson, Anderson. City Council Meeting of March 23, 1998, cont'd. Page 6. 9. Council Items: 9.1. Update of Park and Recs_ Meeting by Mark Benning (see attached). A_ Discussion of directional signs for "Otsego Prairie Park"_ CM Berning referred to the attached sheet of activities the Park and Recs. Commission has planned for the Family Fun Fest. He also said he will discussed with the Commission the information on signage which Elaine Beatty has prepared. Mike Robertson distributed the attached quotes for tree trimming in the wooded picnic area. He suggested obtaining the Sentence to Serve Group from Wright County to remove the debris and clean up this area. CM Heidner motioned for the City Administrator to negotiate with the Dehn Tree Service for tree trimming for the best process so as not to remove as many trees as the quote states. Seconded by CM Ackerman. All in favor. Motion carried. CM Heidner motioned to provide up to $2,000 for volunteer seeding of the ball field and spot seeding in the wooded area Staff should look at the budget for this expenditure or to be charged to the Park Maintenance Fund. Seconded by CM Ackerman. All in favor. Motion carried. Mayor Fournier directed Jeff Bartheld to work with Mike Robertson on this project. 9.2_ Any other .o uncil Business- 9.2.a- isin .ss.9.2.a_ Approve Fee Schedule for Clean Up Day. Mayor Fournier motioned to approve the 1998 Fee Schedule for Clean Up Day. Seconded by CM Heidner. All in favor. Motion carried. 9.3. Mike Robertson, City Administrator - u ate. A. Administrative Sub -committee report. Mr. Robertson reviewed his March 18, 1998 Memo on the Administrative sub -committee recommendation for Vacation and Personal Leave. There was no action taken on this issue. CM Berning questioned if opening for half a day on Friday can be considered. It was the consensus of the Council to let the Administrative sub -committee discuss this issue. B Update on Municipal Liquor Information. Mike Robertson went over his March 18, 1998 Memo outlining information he received from surrounding communities on Municipal Liquor Store Operations. Mr. MacArthur noted the state statutes were written a long time ago and there hasn't been a lot of municipal liquor stores established recently. If Otsego would allow split liquor - meaning Otsego would allow other entities to sell liquor, by statute you are only allowed to do that with a on -sale that would provide food with the liquor. In order to have split liquor you have to put it to a vote. That is not the issue of municipal liquor. You can do municipal liquor without a vote. The issue of split liquor has to go to City Council Meeting of March 23, 1998, cont'd. Page 7. a vote. The concern is, if the vote is not to allow split liquor, than Otsego could be in a situation where it would be going into this not intending on affecting any other existing operations, but end up doing so. Mr. MacArthur advised the Council that if they are considering municipal liquor there needs to be more research done. Mr. Robertson also pointed out it could be several years before the city starts showing a profit because of the expense of the start up costs of land, building etc., Mike Robertson was directed to contact NAC for a copy of the analysis they did for the City of Robinsdale and to get the numbers from Warren Phillips and for Mr. MacArthur to check with the Attorney General's Office for further information. C. Discussion of Elk River -Rogers VFW Grant Mike Robertson went over his memo of March 17, 1998. The Council directed Mike to send a thank you letter to the VFW for each flag received. D. Discussion of Proposed Loose Dog Policy. Both Elaine Beatty and Judy Hudson requested the deletion of Item B and Item D in reference to the Sheriffs department verifying and apprehending dogs. CM Berning motioned to approve the Loose Dog Policy with deleting Item B and Item D and including Friday in Item D. Seconded by CM Heidner. All in favor. Motion carried. 9.4. Elaine Beatty, City Clerk - update. Elaine Beatty had no items for discussion. 9.5_ Consider Claims List for approval- CM p rn oval_ CM Berning motioned to approve the Claims List as presented. seconded by CM Ackerman. All in favor. Motion carried. Mayor Fournier directed the City Clerk to place Civil Defense on the next City Council Agenda. At this point Mike Robertson left. Mayor Fournier informed the Council he has talked to Mike Robertson regarding full time employment and would like direction from the Council regarding this. Mayor Fournier set April 14, 1998, 7 PM for a Special Closed Council Meeting to negotiate a contract with Mike Robertson. Mr. Robertson will meet with the Council at 7:30 PM. Regarding the $250.00 check from Minnegasco. The Council directed staff to contact the Tree Farm in Otsego for trees. City Council Meeting of March 23, 1998, cont'd. Page 8. 9.6_ Adjourn by 10 PM. CM Ackerman motioned to adjourn. Seconded by CM Berning. All in favor. Motion carried. Meeting -d* umed i rcLC�rr�C�-. ayor L Fournier ttest: Elaine Beatty, C y Clerk/Zo ' Dam Recorded by: Judy Hudson, Deputy Clerk City Seal