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12-09-02 CCITEM 3.3, CITY OF OTSEGO CITY COUNCIL MEETING MINUTES DECEMBER 9, 2002 1. Mayor Larry Fournier will call the meeting to order. Mayor Fournier called the City Council meeting to order at 6:33 PM following the Truth - in -Taxation Meeting. Roll Call: Mayor Larry Fournier, Councilmembers: Vern Heidner, Virginia Wendel, and Jerry Struthers. Suzanne Ackerman arrived at 6:47 PM. Also attending was Dan Scharber, Councilmember-elect. 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 Mayor Fournier requested to move Item 5.2. to Item 9.e., to add under Item 9.1. Snowmobile Ordinance, to add Item 9.2., State Budget effect on Otsego. Mike Robertson requested to table Item 5.3. to the December 23, 2002 City Council Meeting. CM Heidner motioned to adopt the City Council Agenda as amended. Seconded by CM Struthers. All in favor. Motion carried. 3. Consider the following minutes: 3.1. November 25 2002 City Council Meeting CM Heidner motioned adoption of minutes. Seconded by CM Wendel. All in favor. Motion carried. 4. Open Forum: Ron Tong complained about the 4 wheelers riding the easement behind his home and driving too fast. He did contact the Wright County Sheriff's Department. 5. Consent Agenda. non -controversial items) 5.1. Approve Claims List CM Heidner motioned adoption of the Consent Agenda as amended. Seconded by CM Wendel. All in favor. Motion carried. 6. Dan Licht, Citv Planner: 6.1. Final Plat for Otsego Waterfront 3rd Addition Dan Licht presented the Planner's Report. CM Heidner motioned to approve the Final Plat of Otsego Waterfront 3rd Addition subject to the five conditions listed in the Findings of Fact. Seconded by CM Struthers. All in favor. Motion carried. City Council Meeting of December 9, 2002, cont'd. Page 2. 6.2. Applicant LandCor Inc. PUD Development Stage Plan for Lot 1, Block 2, Otsego Waterfront 3`d Addition to develop a 4,459 square foot Restaurant. Dan Licht presented the Planner's Report. CM Heidner motioned to approve the PUD Development Stage Plan for a 4,500 square foot restaurant building on Outlot G of the Waterfront 3`d Addition subject to the six conditions listed in the Findings of Fact. Seconded by CM Struthers. All in favor. Motion carried. CM Ackerman arrived at 6:47 PM. 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. Dan Licht stated the Planning Commission recommended significant changes and asked the applicant to provide revised site plans, which were just received tonight. Mayor Fournier motioned to table this request until December 23, 2002 City Council Meeting. Seconded by CM Struthers. All in favor. Motion carried. 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. Dan Licht presented the Planner's Report. Ron Wagner went over engineering items. CM Struthers motioned to approve PUD Development Stage Plan for a retail building on Outlot 13 of the Otsego Waterfront 3`d Addition subject to the 11 conditions. Seconded by CM Ackerman. All in favor. Motion carried. 6.5. Darrel Farr Development Corp. Comprehensive Plan Amendment to change the Land Use Plan from Industrial to a Mix of Uses consisting of Industrial Commercial and Medium to High Density Residential. Dan Licht presented the Planner's Report. Ron Wagner went over engineering issues. Mayor Fournier supports the change since this project would bring the sewer pipes closer to I-94. He asked how many stages this development would have. Darrell Farr said they plan on working from east to west in 80 -acre stages, 4 stages total. CM Heidner stated he likes the Concept Plan but he sees a problem that if the commercial and industrial land doesn't go right away the developer will be back asking for more residential. CM Heidner is also concerned with transportation issues. Both Ron Wagner and Mike Robertson agreed and said they are working on this issue. CM Ackerman agreed with CM Heidner. CM Wendel motioned to approve Resolution 2002-50 amending the Comprehensive Plan as it pertains to property owned by Darrel Farr Development Corporation changing Industrial Land Use to a mix of residential, commercial and industrial uses subject to the six conditions. Seconded by CM Struthers. All in favor. Motion carried. City Council Meeting of December 9, 2002, cont'd. Page 3. 7. Ron Wagner—City Engineer: 7.1. Consider Pay Estimate #1 for Quaday Avenue Storm Sewer Extension CM Struthers motioned to approve Pay Estimate #1. Seconded by CM Wendel. All in favor. Motion carried. 7.2. Consider Pay Estimate #1 for Jaber Avenue Culvert Replacement. CM Heidner motioned to approve Pay Estimate #1. Seconded by CM Wendel. All in favor. Motion carried. 8. Andrew MacArthur City Attorney There were no legal items. 9. Council Items: A. East and West Sewer Plant Update Mike Robertson stated the MPCA has not heard any comments about the NPDES Permit for the West Treatment Plant. B. Approve 2003 Tax Levy & 2003 Budget CM Struthers motioned to approve Resolution 2002-49 setting a Budget of $1,713,124 for Year 2003. Seconded by CM Heidner. All in favor. Motion carried. CM Heidner motioned to approve Resolution 2002-48 setting a Tax Levy of $1,318,122 for 2003 Budget. Seconded by CM Struthers. All in favor. Motion carried. C. Set Meeting with Wright County Sheriff The Council on January 15, 2003 at 4:30 PM. D. Consider Establishing a Police Commission Mike Robertson went over his memo. Sharon Carter, 9466 Nashua Avenue NE. Mrs. Carter feels the Police Commission should be people that convey the wishes of the majority of the community. Mayor Fournier motioned to establish a Police Commission of seven (7) members to be appointed by the City Council. Seconded by CM Struthers. All in favor. Motion carried. The Council directed Mike Robertson to check with other cities on how many hours they are contracting for and to work with the City Attorney to develop Police Commission by- laws. Advertising is not to be done until after the by-laws are established. 5.2. Approve 2003 Wright County Sheriff's Contract CM Wendel motioned to accept the Sheriff Contract through December 31, 2003. Seconded by Mayor Fournier. All in favor. Motion carried. City Council Meeting of December 9, 2002, cont'd. Page 4. 9.1. Mike Robertson, City Administrator: A. Snowmobile issues Mayor Fournier stated he discussed with the City Attorney and County Attorney the snowmobile trail along CSAH 39 and they informed the Mayor that the County would go along with whatever regulation the City decides upon as long as it complies with State law. Mike Robertson will check with the City of Elk River regarding their downtown regulations. CM Heidner motioned to change 8-1-8:A. of the Ordinance No. 2001-02 "Snowmobiles and other Recreational Motor Vehicles" changing the language to "except on private property with owner's written permission. Seconded by Mayor Fournier. All in favor. Motion carried. CM Heidner motioned to purchase 25 small signs "10 MPH" for snowmobile trails. Seconded by Mayor Fournier. All in favor. Motion carried. B. Otseizo Festival Date Mayor Fournier stated he received a letter from Rose Cassidy in regards to 2003 Otsego Festival. It will be held on September 13, 2003. 10. Adjourn by 10 PM. CM Wendel motioned to adjourn. Seconded by CM Struthers. All in favor. Motion carried. Meeting adjourned at 8:36 PM. � 4czl; �� yor 160 Fournier C-,\Xa V% I Ison Att t: Jud udson, City Clerk/Zoning Adm.