11-12-02 CCOTSEGO CITY COUNCIL MEETING
NOVEMBER 12, 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: Virginia Wendel, Vern
Heidner and Jerry Struthers. Councilmember Suzanne Ackerman was absent. Also
attending was Dan Scharber, Councilmember-elect.
Staff: Mike Robertson, City Administrator; Judy Hudson, City Clerk/Zoning
Administrator; Andrew MacArthur, City Attorney; Ron Wagner, City Engineer, Daniel
Licht, City Planner; Robert Vose, Attorney and Ted Field, Engineer were present.
Pledge of Allegiance
Mayor Fournier led in the Pledge of Allegiance.
2. Consider agenda approval.
Mayor Fournier requested to add under Item 7.1. Consideration of Resolution for ordering
Plans and Specs for Page Avenue from 85t' Street to CSAH 39; move Item 8.1. To Item
4.0 and add under Item 9.1.a. Set a Workshop for Law Enforcement Issues.
CM Heidner motioned to adopt the agenda as amended. Seconded by CM Wendel.
All in favor. Motion carried.
3. Consider the following minutes:
3.1. City Council meeting of October 28 2002
CM Struthers motioned adoption. Seconded by CM Wendel. All in favor. Motion
carried.
4. Open Forum:
8.1. Consider Cable TV Franchise for WH Link.
Mr. Vose reviewed the Resolution adopted two weeks ago. The Council confirmed that
the Resolution accurately reflects the Council's prior action. Mr. Vose stated that
Wright -Hennepin Link (WH Link) told him they will not accept a franchise under those
terms and they regard it as a denial of the franchise application.
Mark Ayotte, Attorney representing Wright -Hennepin Link, stated he received from Mr.
Vose, a map indicating Charter's current service area. Mr. Ayotte stated they will not
accept the franchise since he estimates the cost to meet the City's requirement to be
approximately 10 million dollars and they don't feel they can attract enough business to
justify those costs. Mr. Ayotte outlined the projected number of subscribers in Otsego
and their costs. They are still prepared to accept the franchise they suggested in June but
they cannot accept the City's franchise and they will put this in writing. Mr. Ayotte said
that on behalf of WH Link, they appreciate the opportunity to go through this process.
CM Heidner said that WH Link's numbers do not include any revenue streams from
internet and telephone service and he wondered how the numbers would look with those
City Council Meeting of November 12, 2002, cont'd. Page 2.
estimates included.
Mr. Vose said that WH Link made the decision not to accept the City's decision to grant
the franchise application. Mr. Vose noted that the information supplied by Mr. Ayotte is
unsubstantiated and that the Council has no way to evaluate this claim. Mr. Vose noted
that WH Link is unwilling to serve the whole City based on their legal position, not based
on the costs they are claiming now.
4.1. Special Presentation - Ted Field, Bonestroo Engineering
Consider Preparation of Plans & Specs for Otsego West Wastewater
Treatment Plant
Ted Field said he talked to the MPCA and they have already started drafting the NPDES
permit and the draft could be released for the 30 -day comment period by the end of the
year. Mr. Field said he estimates the construction to begin in the summer of 2003 and to
be done fall of 2004.
Mayor Fournier asked when the City can apply for expansion of the East WW Treatment
Plant. Mr. Field said immediately.
CM Heidner motioned to start application process for the East Wastewater
Treatment Plant Expansion at 1.5 MGD. Seconded by CM Struthers. All in favor.
Motion carried.
Regarding the West WWTP, Mike Robertson went over the Bonestroo Letter of 11-06-02
outlining the costs. CM Heidner and CM Wendel would like to see the City secure the
land for the site first.
Mayor Fournier motioned to direct Ted Field of Bonestroo, to proceed with the
Plans and Specs for the West WWTP contingent upon the City acquiring the site
property and the City Attorney reviewing the contract. Seconded by CM Heidner.
All in favor. Motion carried.
Mayor Fournier directed the City Administrator to call the property owner to get
permission for the City to get soil borings and to survey.
4.1. Open Forum:
No one appeared on Open Forum.
5. Consent Agenda.
5.1. Approve Claims List.
CM Wendel motioned to adopt the Claims List as written. Seconded by CM
Struthers. All in favor. Motion carried.
6. Dan Licht, Citv Planner:
6.1. Applicant Rudy Thibodeau - (Godfather's Pizza)
Consideration of amending the Planned Unit Development (PUD) to add a
Cold storage room and an awning for outdoor eating_
Dan Licht presented the Planner's Report. The applicant, Rudy Thibodeau, had no
comments.
CM Heidner motioned to approve the PUD -CUP amendment for Godfather's Pizza,
City Council Meeting of November 12, 2002, cont'd. Page 3.
subject to the four (4) conditions listed in the Findings of Fact dated November 4,
2002. Seconded by CM Struthers. All in favor. Motion carried.
6.2. Applicant, Otsego Heritage Commission - (Otsego Cemetery
Zoning change from R-1 District to INS. - Consideration of desi ng sting
the Otsego Cemetery as a Historical Preservation Site.
Dan Licht presented the Planners Report. Andy recommended not to record any
documents until the quiet title is completed which could take approximately four months.
CM Struthers motioned for a Zoning Map amendment to rezone the Otsego
Cemetery from a R-1 District to a INS District. Seconded by CII Heidner. All in
favor. Motion carried.
CM Struthers motioned to designate the Otsego Cemetery as a Heritage
Preservation Site subject to Chapter 96 of the Zoning Ordinance and subject to the
four conditions listed in the Findings of Fact. Seconded by CM Heidner. All in
favor. Motion carried.
7. Ron Wagner, r, City Engineer:
7.1. Page Avenue (from 85th Street to CSAH 39) Improvement.
Mr. Wagner presented the Engineering Report.
Mayor Fournier motioned to approve Resolution 2002-40 ordering preparation of a
Feasibility Report on Improvement for Page Avenue from 85th Street to CSAH 39.
Seconded by CM Struthers. All in favor. Motion carried.
Mayor Fournier motioned to approve Resolution No. 2002-41 ordering preparation
of Plans and Specifications for Page Avenue from 85th Street to CSAH 39. Seconded
by CM Struthers. All in favor. Motion carried.
CM Heidner motioned to direct the City Engineer to update the Feasibility Report
on 85th Street. Seconded by CM Wendel. All in favor. Motion carried.
CM Heidner motioned to set a Public Hearing for the Improvement of Page Avenue
from 85th Street to CSAH 39 and for 85th Street from Nashua Avenue to Page
Avenue for January 16, 2003, 7 PM. Seconded by CM Struthers. All in favor.
Motion carried.
Ron Wagner updated the Council on the current projects:
Median on 42/39 should be completed this week and the street light operable
By December 1, 2002.
City Council directed the City Engineer not to do any more repairs on the Tom
Thumb Service Road.
85th Street Extension - curb is in and will be paved tomorrow.
City Council Meeting of November 12, 2002, cont'd. Page 4.
Outlet for "The Point" runoff on the Johnson property will be started this week.
The swale in Prairie Creek, 5`' Addition - Developer will install a drain tile in
These backyards either this year or next spring.
8. Andrew MacArthur, City Attorney.
Mr. MacArthur explained that a summary ordinance for the Cable Ordinance 2002-17
needs to be adopted for publication.
CM Heidner motioned to adopt Summary Ordinance 2002-18 for Ordinance 2002-
17. Seconded by CM Wendel. All in favor. Motion carried.
8.2. Discuss Hassan Township Incorporation Request
Mr. MacArthur briefly went over the Hassan Township Incorporation. The Council
agreed that no action should be taken.
8.3. Consider Building Inspector Contract for 2003
CM Heidner motioned adoption of the contract. Seconded by CM Struthers. All in
favor. Motion carried.
CM Struthers motioned to adopt Resolution 2002-39, a Resolution adopting
assessment for the Aslagson property at 15972 62nd Street for $8,569.00. Seconded
by CM Heidner. All in favor. Motion carried.
9. Council Items:
B. Set a workshop for law enforcement.
Mayor Fournier set Tuesday, November 26, 2002, 7 PM.
9.1. Mike Robertson, City Administrator:
Council directed Mike to write a letter to the City of Dayton inviting them to a meeting
early in 2003 to discuss the Phase III Seer Plant Expansion.
9,2. Judy Hudson, City Clerk.
B. Election Report.
Judy went over the Election Day Report and thanked the Council for authorizing the
purchase of the additional scanner and booths, which proved to be very beneficial for this
election. Council congratulated Judy and all of the election judges for their hard work.
10. Adjourn by 10 PM.
CM Wendel motioned to adjourn. Seconded by Mayor Fournier. All in favor.
Motion carried.
Meeting 40urned at 8:4r,),YM.
Mayor Laourmer
At s : Jud udson, City C erk