11-25-02 CCITEM 3. 1.
CITY OF OTSEGO
CITY COUNCIL MEETING MINUTES
NOVEMBER 25, 2002
OTSEGO CITY HALL
1. Mayor Fournier called the meeting to order at 6.30 p.m.
Roll Call: Mayor Larry Fournier, Councilmembers: Vern Heidner, Virginia
Wendel and Jerry Struthers. Suzanne Ackerman arrived at 6:32 p.m.
Councilmember elect Dan Scharber was present.
Staff. Mike Robertson, City Administrator; Judy Hudson, City Clerk/Zoning
Administrator; Dan Licht, City Planner; and Ron Wagner, City Engineer.
Andrew MacArthur, City Attorney arrived at 7:20 p.m.
Mayor Fournier led in the Pledge of Allegiance.
2. Consider agenda approval
Mayor Fournier added 6.6. Park Dedication Fee Study, 7.5.A. Ted Field letter on soil
borings, 9.C. Work Order #8, 9.1). Backus Letter on electric pole location, and 7.5.B. Set
a Council Workshop for possible Page Avenue Improvement. Mayor Fournier moved
5.3. to 9.B. CM Wendel added 9.E. River Rider, Drug Task Force, and Lions Reports.
Administrator Robertson stated that Bob Fields of LandCor asked that 6.1., 6.2., 6.3., and
6.4. be tabled for 2 weeks
CM Heidner motioned adoption of agenda as amended. Seconded by CM Struthers.
All in favor. Motion carried.
3. Consider the following minutes:
3.1. November 12, 2002 City Council Meeting.
Mayor Fournier suggested that 9.1. Sewer Plant Expansion be amended to reflect that the
application is for 1.5 million gpd. CM Struthers motioned to approve the minutes as
amended. Seconded by CM Wendel. All in favor. Motion carried
3.2. October 21, 2002 City Council Special Meeting.
CM Heidner moved to approve the minutes. Seconded by CM Struthers. All in
favor except CM Wendell abstained. Motion carried.
3.3. November 7, 2002 City Council Workshop.
CM Struthers motioned adoption. Seconded by CM Wendel. All in favor except
CM Ackerman abstained. Motion carried..
3.4. October 10, 2002 City Council Workshop.
CM Struthers motioned adoption. Seconded by CM Ackerman. All in favor.
Motion carried.
3.5. November 7, 2002 Canvass Board.
CM Heidner motioned adoption. Seconded by CM Wendel. All in favor except CM
Ackerman abstained. Motion carried.
City Council Meeting of November 25, 2002, cont'd. Page 2.
4. Open Forum: (5 minute limit)
4.1. Special Presentation - Otsego Draft Financial Plan
City Accountant Gary Groen and City Administrator Robertson described the draft
financial plan. CM Heidner noted that previous Well #1 payments should be indicated as
transferred from the Water & Sewer Debt Fund to the Capital Improvement Fund. He
also said he would like the North Mississippi Watershed broken into sub districts. Gary
stated he would take care of those requests, and noted he was working on updating the
Otsego Creek Watershed Fund expenditures. Administrator Robertson said that staff
would bring the financial plan back yearly in the spring for review. Mayor Fournier said
this was a needed report and thanked staff for the good job.
Open Forum:
Tom Carter, 9466 Nashua Avenue. He stated he objected to the job the Sheriff was doing
and to the snowmobile trail on County Road 39. He urged the Council to improve police
service by starting a City police department. He feels enforcement is not being done on
snowmobile speeding, noise, and trespassing.
Ron Tong; 9277 Page Avenue, also objects to Sheriff s performance. He stated deputies
don't know the City ordinances and people are given the wrong information when they
call the Sheriff s office. He says someone told him they called the Sheriffs office and
were told it was legal to ride ATV's in Otsego when it is illegal except on your own
property.
John Kline 10121 Parrish Avenue, was concerned with lack of patrolling and lack of
enforcement of speeding on his road. He said he also has been told by hunters that the
Sheriff told them that they can hunt behind his land. He wants the no -discharge ordinance
enforced.
Sharon Carter, 9466 Nashua Avenue. Would like to see Otsego crime information
published in the Star News like Elk River's is. Would like a Police Commission
established so citizens could have better access to sheriff. Would also like to see our own
police department.
5. Consent Agenda. (Non -controversial items
5.1. Approve Claims List.
5.2. Approve of Work Request Number 7 - East WWTP Phase 2 for $3,600.
5.3. Approve Payment No. 08 from Gridor Construction for $137,731. (East
WWTP).
5.3. was moved to 9.13.
CM Heidner motioned adoption of Consent Agenda as amended. Seconded by CM
Wendel. All in favor. Motion carried.
6. Dan Licht, City Planner:
6.1. Final Plat for Otsego Waterfront 3`d Addition.
6.2. Applicant LandCor Inc., PUD Development Stage Plan for Lot 1, Block 2,
Otsego Waterfront 3rd Addition to develop a 4,459 square foot Restaurant.
City Council Meeting of November 25, 2002, cont'd. Page 3.
6.3. Applicant LandCor Inc., PUD Development Stage Plan for Lot 2, Block 2,
Otsego Waterfront 3`d Addition to develop a 3,788 square foot
Convenience Store with motor fuel facilities and a 3,192 square foot Car
Wash.
6.4. Applicant LandCor Inc., PUD Development Stage Plan for Lot 1, Block 1,
Otsego Waterfront 3`d Addition to develop a 7,200 square foot Retail
Store.
Bob Fields requested above items tabled until the December 9 Council meeting.
CM Heidner motioned to table items 6.1., 6.2., 6.3., and 6.4. for two weeks.
Seconded by CM Struthers. All in favor. Motion carried.
6.5. Zoning Ordinance - Fence.
Mayor Fournier motioned to direct the Planning Commission to examine the fence
ordinance. Seconded by CM Heidner. All in favor. Motion carried.
6.6. Any other Planning Items - Park Dedication Fee Study.
Dan reviewed his report. City Attorney MacArthur described the legal basis for park
fees. After discussion, Council directed the report be reviewed by the Park & Recreation
Commission for recommendation.
7. Ron Wagner, City Engineer:
7.1. Consider Pay Estimate #2 for 85th Street Extension.
CM Heidner motioned approval. Seconded by CM Ackerman. All in favor.
Motion carried.
7.2. Consider Pay estimate #1 for 85`" Street Bike Path.
CM Struthers motioned approval. Seconded by CM Heidner. All in favor. Motion
carried.
7.3. Consider Pay Estimate #3 for Quaday Avenue & 91 S` Street.
CM Struthers motioned approval. Seconded by CM Wendel. All in favor. Motion
carried.
7.4. Consider Pay Estimate #2 for Improvements to CSAH #42 &
CSAH #39 Intersection.
CM Struthers motioned approval. CM Heidner seconded. All in favor. Motion
carried.
7.5.A. Ted Field, Bonestroo, Letter on Soil Borings
Administrator Robertson said he would arrange permission to have the soil borings done.
7.5.B. Set a Workshop for Proposed Page Avenue Improvement.
A workshop was set for Thursday, December 19, 2002 at 4:30 p.m.
City Council Meeting of November 25, 2002, cont'd. Page 4.
8. Andrew MacArthur, City Attorney:
8.1. Consider CentrePointe Energy/Minnegasco Franchise Renewal.
Andy reviewed the proposed ordinance, noting that it was the League of Minnesota Cities
model ordinance. Arnie Hendrickson, representative of Minnegasco was present to
answer questions.
CM Heidner motioned to adopt the franchise agreement. Seconded by CM
Ackerman. All in favor. Motion carried.
8.2. Waiver of Statutory Limits.
Andy reviewed the options.
CM Heidner motioned to not waive the statutory limits of municipal tort liability.
Seconded by CM Struthers. All in favor. Motion carried.
8.3. Northland Securities (Dissemination Agent Agreement for Continuing
Disclosure Reporting).
Andy reviewed the agreement.
CM Struthers motioned to approve the agreement. Seconded by CII Heidner. All
in favor. Motion carried.
8.4. Update on Nuisance Enforcement.
Andy reviewed the status of nuisance enforcement actions.
9. Council Items:
A. East and West Sewer Plant Update.
City Administrator Robertson noted that the NPDES permit for the West Sewer Plant has
gone out for the 30 -day public comment period.
B. Approve Payment No. 8 from Gridor Construction for $137,731. (East
WWTP).
CM Heidner motioned approval. Seconded by CM Struthers. All in favor.
Motion carried.
C. WWTF Work request No. 8.
Mayor Fournier motioned approval. Seconded by CM Struthers. All in favor.
Motion carried.
D. Backus Letter on electric pole location,
City Engineer Wagner explained the letter.
E. Drug Task Force, River Rider, and Lions Reports.
Virginia reported on her meetings. The State Lions would like the Albertville Lions to
start a Lions club in Otsego.
9.1. Mike Robertson, City Administrator:
A. Review of Safety Report.
Mike reviewed the safety report.
CM Heidner moved that the City Administrator handle the issues in the report in a
timely manner. Seconded by CM Wendel. All in favor. Motion carried.
City Council Meeting of November 25, 2002, cont'd. Page 5.
9.2. Judy Hudson, City Clerk.
Nothing to report.
10. Adjourn by 10 PM
CINI Ackerman motioned to adjourn at 9:32 p.m. Seconded by Mayor Fournier. All
in favor. Motion carried.
c
6a;yurnier
At s • Ju y udson, CityClerk/Zoning Adm.
Recorded by: Mike Robertson, City Adm.