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12-23-02 CCITEM 3.1. CITY OF OTSEGO CITY COUNCIL MEETING DECEMBER 23, 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 6:32 PM. Roll Call: Mayor Larry Fournier; Councilmembers: Vern Heidner, Virginia Wendel, Suzanne Ackerman and Jerry Struthers. Also attending was Dan Scharber, Councilmember elect. Staff. Judy Hudson, City Clerk/Zoning Administrator; Bill Morris, Engineer and Scott Richards, Planner. Pledge of Allegiance. Mayor Fournier led in the Pledge of Allegiance. 2. Consider agenda approval. Mayor Fournier requested to add under 9.B. Set a Planning Workshop regarding development in western Otsego, add under 9.C. Update on Public Works Subcommittee Meeting. CM Struthers requested to add under 9.D. Financial Planning and under 9.E. Letter from McGraw. CM Struthers motioned to adopt the agenda as amended. Seconded by CM Wendel. All in favor. Motion carried. 3. Consider the following minutes: 3.1. December 2, 2002 Truth -In -Taxation Public Hearing. CM Heidner motioned adoption. Seconded by CM Wendel. Voting For the Motion: Mayor Fournier, CM Heidner, and CM Wendel. Abstained: CM Struthers and CM Ackerman. Motion carried. 3.2. December 9, 2002 Truth -In -Taxation Public Hearing. CM Heidner motioned adoption. Seconded by CM Struthers. All in favor. Motion carried. 3.3. December 9, 2002 City Council Meeting Mayor Fournier noted under attendees that the City Attorney was not in attendance. CM Heidner motioned adoption as amended. Seconded by CM Struthers. All in favor. Motion carried. 4. Open Forum: Loren Merges, 7423 Kadler Avenue NE. Mr. Merges stated he has sold his farm. He will continue to live there for at least 3 years and when his land is developed all current buildings will be removed. Because of the County Point of Sale Ordinance he has to install a new septic system and he would like to be exempted from this. City Council Meeting of December 23, 2002, cont'd. Page 2. CM Heidner motioned to direct the City Clerk to write a letter to the County requesting exemption from the Point of Sale Ordinance because of municipal services going in, subject to the original owners continuing to live there and the developer doesn't start renting the house out. Seconded by CM Ackerman. All in favor. Motion carried. 5. Consent Agenda. (Non -controversial items 5.1. Approve Claims List 5.2. Abdo Eick & Meyers Audit Contract for 2003. 5.3. Approve Summary Ordinance 2002-21 for publication for the Charter Cable Franchise. 5.4. Approve Summary Ordinance 2002-20 for publication for the Non -Exclusive Gas Energy Franchise to Centerpoint Energy Minne asco. 5.5. Ordinance 2002-22, amending Ord. 2001-12 amending the Snowmobile Ordinance CM Heidner motioned to adopt the Consent Agenda as presented. Seconded by CM Ackerman. All in favor. Motion carried. 6. Dan Licht, City Planner: 6.1. Applicant LandCor Inc., PUD Development Stage Plan for Lot 2, Block 2, Otsego Waterfront Yd Addition to develop a 3,788 square foot Convenience Store with motor fuel facilities and a 3,192 square foot Car Wash. (tabled from the 12-9-02 City Council Meeting). Scott Richards presented the Planner's Report. The applicant, Bob Fields, stated they intend to operate this facility 24 hours a day. Mr. Fields requested an additional access closer to CSAH 39 as a right in right -out as he feels they are having difficulty working out the flow of traffic. This additional access would give relief to traffic. Bill Morris objected to the additional entrance and questioned any traffic relief it would give. CM Heidner motioned to approve the PUD Development Plan for a 6,900 square foot convenience store, accessory car wash and gas sale on Lot 2, Block 1 of the Otsego Waterfront 3`d Addition based on the most current plan and information received to date subject to the 10 conditions listed in the Findings of Fact correcting Item 6 which refers to 10 PM and adding Condition No. 11 that the Quaday Avenue access is allowed and shall remain open as long as the exit to CSAH 39 is open and developer must install signage according to the City Engineer. Seconded by CM Wendel. All in favor. Motion carried. 6.2. LandCor Inc., request to build a Civic Monument Sign in Otsego Waterfront. Scott Richards presented the Planner's Report. CM Heidner asked if LandCor's share would be assessed. Mr. Fischer replied they would not assess back to properties. City Council Meeting of December 23, 2002, cont'd. Page 3. Mayor Fournier suggested a Workshop for further discussion. Mr. Fields supported this suggestion and said they could also discuss the hotel and Waterfront East. Scott Richards asked for costs of the new design. Mayor Fournier set January 9, 2003, 4:30 PM for the workshop. 7. Ron_Wagner, Citv Engineer: 7.1. Consider ordering Plans and Specifications for: A. Water Tower - 1 m. gal B. 2 Wells - 500 gpm to 1000 gpm C. Pumphouse D. Lift Station E1 and Force Main E. Life Station E3 F. Watermain from Wells to Water Tower Bill Morris went over the plans. Mayor Fournier motioned to table this until we receive more information regarding development and land acquisition. Seconded by CM Struthers. All in favor. Motion carried. 7.2. Consider accepting amended Feasibility Report for 85`h Street and Page Avenue. CM Struthers motioned to approve Resolution 2002-52 receiving the amended Feasibility Report for 85`h Street and Page Avenue. Seconded by CM Heidner. All in favor. Motion carried. 7.3. Consider Pay Estimate #3 and Change Order #1 for the 85`h Street Extension Project. CM Struthers motioned to accept Change Order #1 and Pay Estimate #3 to W. B. Miller for $8,880.81. Seconded by Ackerman. 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. No update. B. Set a date for Planning Otsego West Development Mayor set Thursday, January 23, 2003, 4:30 PM for a City Council Workshop to discuss development and infrastructure for the Western Sewer District. C. MnDOT Elevation Results. The Council directed staff to get cost to install one warning light and to contact St. Michael and the County for their involvement and to contact Elk River for information on how their warning lights were paid for. D. Public Works Subcommittee meeting Mayor Fournier reviewed the recent Public Works Subcommittee meeting. City Council Meeting of December 23, 2002, cont'd. Page 4. E. Financial Planner. CM Struthers stated he thinks a Financial Planner would be good for Otsego and for Mike Robertson to check into Ellers and Associates. F. Letter from McGraw (letter from McGraw complaining on the 911 recording of calls) CM Struthers motioned to send a copy of this letter to the City Attorney to forward to the County and the State Attorney General. Seconded by Mayor Fournier. Voting For the Motion: Mayor Fournier, CM Heidner, and CM Struthers. Voting Against the Motion: CM Wendel and CM Ackerman. Motion carried three (3) to two (2). 9.1. Mike Robertson, City Administrator: A. Consider appointment of Jeff Bartheld to the Parks Commission. Jeff Bartheld stated it is an honor to be considered for re -appointment. He feels the City has some exciting projects coming up. He supports Commissions reporting more to the council. CM Ackerman motioned to reappoint Jeff Bartheld to the Parks Commission. Seconded by Mayor Fournier. All in favor. Motion carried. C. Approve Resolution 2002-51 transferring amounts from one Fund to another (1999 Water and Sewer to Revolving Capital Improvements Fund). CNI Heidner motioned adoption. Seconded by CM Ackerman. All in favor. Motion carried. 9.2. Judy Hudson, City Clerk. No updates. 9.3. Councilmember Suzanne Ackerman's final thoughts. Mayor Fournier presented CM Ackerman with a plaque for her service and stating that this has been an exciting 8 years for Otsego and CM Ackerman has been part of this. CM Ackerman replied that these past eight years have been fun. She thanked the people of Otsego for electing her for two terms. CM Ackerman said she will be keeping an eye on everything and if she doesn't like what she hears, she will be back in two years. She also said she has served under two good Mayors and staff has been great to work with. 10. Adjourn by 10 PM. CM Ackerman motioned to adjourn. Seconded by Mayor Fournier. All in favor. Motion carried. Meeting joum at 8:21 ayor La ourmer �)—awos- Atte: u y iludson, City Clerk/Zoning Adm.