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11-27-1995 City Council MinutesCITY OF OTSEGO WRIGHT COUNTY, MINNESOTA CITY COUNCIL MEETING 6:30 PM COUNCIL CHAMBERS OTSEGO CITY HALL NOVEMBER 27, 1995 1. Mayor will call meeting to order_ Mayor Freske called the November 27, 1995 City Council Meeting to order at 6:33 PM. Roll Call: Mayor Norman F. Freske; Councilmembers: Suzanne Ackerman, Ron Black, Larry Fournier, Vern Heidner. Staff: Andy MacArthur, City Attorney; Larry Koshak, City Engineer; Bob Kirmis, Assistant City Planner; Elaine Beatty, City Clerk/Zoning Administrator; Phyllis Boedigheimer, Director of Business and Finance; Judy Hudson, Deputy Clerk; Carol Olson, Secretary. 2. Consider Agendar�oV 1 CM Fournier requested the additions of 10.3.E. Park and Rec. Business 7.1. EDAAC Comments and Presentation CM Heidner requested to remove Item 6.1. from the Consent Agenda for discussion purposes. CM Fournier motioned to approve the November 27, 1995 City Council Agenda as amended. Seconded by CM Heidner. All in favor. Motion carried. CM Black motioned to accept the October 23, 1995 City Council Minutes. Seconded by CM Heidner. All in favor. Motion carried. CM Heidner motioned to accept the November 13, 1995 City Council Minutes. Seconded by CM Ackerman. Voting for: CM Ackerman, CM Black, CM Fournier, CM Heidner Abstained: Mayor Freske (stating he was absent from this Council Meeting) Motion carried. A. Business Data Base Report by Intern,Tim Fjjg, Tim Eng, Intern, presented the results of the Business Database Intern Report he prepared (attached) and presented to the City Council. The purpose of the report was to identify, survey, and describe businesses within the City of Otsego. Otsego City Council Meeting of November 27, 1995, cont'd. Page 2. The five steps of the report. 1. Review background and historical information. Reviewing of zoning ordinances and minutes. 2. Formulate a plan of action. Creating a survey database, report spreadsheets, collecting research and gathering/reviewing city street maps. 3. Observe the City for potential business operations. Creating an observation database. Creating criteria for possible business operations. A total of 165 "yes" verifications inputted into observation database. 4. Contact the MN Secretary of State to obtain registered businesses operating in Otsego. The list produced an additional 83 businesses. 5. Administration of the Business Survey. Total of 256 surveys were prepared to be mailed, and were monitored for results. A total of 76 businesses were identified by the survey and telephone inquiry. The number of employees generated from these businesses is 245. Mr. Eng noted three areas of concern for the City Council to address. 1. Growing distrust among the business community of local government and actions. 2. Industrial Park. Location should be the highest priority. 3. Commitment to economic development. CM Heidner asked who is the largest employer in Otsego. Tim replied Rainbow Daycare with 19 employees. The average employed by Otsego businesses were three employees including the owner. CM Black inquired about categories of types of businesses and what was included in the category of finance. Tim replied financial counseling, real estate and insurance. The Mayor and City Council stated they found the Report interesting and a useful tool. They thanked Tim Eng for all his time and work for completing this Report. No one appeared on the Open Forum. Otsego City Council Meeting of November 27, 1995, contd. Page 3. 6. Consent Agenda 6 1_ Consider the Heritage Preservation Commission's By -Laws - (NOTE: Item 6.1. was removed from the consent agenda.) CM Heidner was concerned with Item 7 of the By -Laws not being very clear. He wants to make sure this is within statutory requirements. CM Heidner motioned to send the Heritage Preservation Commission By -Laws back to the Heritage Commission for clarification of Item 7. Seconded by CM Fournier. All in favor. Motion carried. Rudy Thibodeau went over the background stating that after receiving strong negative community feedback on a proposed site for a Third Industrial Park, the City Council and EDA requested that the EDAAC draft a new Home Occupation Ordinance. Mr. Thibodeau also explained their objective, purpose and summary. In conclusion, he stated the EDAAC believe they have proposed a friendly and flexible ordinance that provides for a simplified administrative process. LeRoy Lindenfelser shared with the Council his conversation with Gary Schmitz, Elk River Planning Commission Member. Mr. Lindenfelser noted much of Elk River's philosophy and language was integrated into the proposed ordinance. Liz Wilder briefly went over the Business Database Intern Report and Project. Wally Odell summarized the philosophy reflected in the proposed ordinance and stated Otsego has to become user friendly, the little businesses grow into big businesses. Tim Eng was asked if his report indicates if the actual business is located at the business address. Tim said this question was in the survey. Results are shown on Page 10 of his Report. The Council discussed the licensing process which would be a staff function. Enforcement issues, fees, and be user friendly. Staff pointed out amount of current fee required and also that several businesses mentioned in the report are currently licensed. Otsego City Council Meeting of November 27, 1995, cont'd. Page 4. The Council further discussed they would be in favor of another employee for the home occupations but businesses would not be allowed in the detached accessory buildings. Some Councilmembers expressed concern allowing businesses in accessory buildings in the residential areas. CM Fournier motioned to support the concept of the proposed Amendment of Home Extended Business Ordinance and send it to the City Attorney for a thorough review and include any amendments the Mayor or Council members might have. Seconded by CM Heidner. All voted in favor. Motion carried. (Discussion occurred between the motion being made and the actual vote) Discussion: CM Black was concerned with the comment from the Business Database Intern Report regarding the lack of trust business owners have in the government. With this amendment, he feels the City would be implementing a set of rules to allow a representative from City Hall to go into homes and inspect, which would increase the lack of trust. Also he has a concern of turning a residential area into a commercial area. CM Heidner pointed out that the current ordinance provides for right of inspection. Mayor Freske objected to businesses operating out of detached accessory buildings stating it is this type of operation that causes the most complaints on junk and blight and costs of enforcement are high. Mayor Freske agreed with the one additional employee for the home occupation. CM Ackerman stated she feels an accessory building is on the owner's property and owner should be able to do what they want. Mayor Freske said they are referring to only residential and not AG. CM Black motioned to amend the previous motion that the only modification to the Home Occupation and Home Extended Ordinance is to allow one employee so long as business is only contained in the home and attached garage and not accessory buildings. Seconded by Mayor Freske. VOTING FOR: Mayor Freske, CM Black, CM Heidner VOTING AGAINST: CM Ackerman, CM Fournier Motion carried three to two. (Discussion occurred between the motion being made and the actual vote) Discussion: CM Heidner was concerned with the definition of accessory building since a lot of people don't have attached garages. CM Fournier asked for a point of clarification on the amended motion. CM Black replied his amended motion was to take this recommendation and the only changes were to keep the one additional employee for the home occupation but to delete all references to accessory buildings and to keep the home business under the one ordinance. CM Heidner confirmed that motion is to use the draft ordinance the EDAAC prepared. Bob Kirmis stated he thought it would be easier to work off the existing ordinance and asked if this includes the AG area. Mayor Freske and CM Black replied the intent is just for the residential area. Otsego City Council Meeting of November 27, 1995, cont'd. Page 5. CM Heidner stated the City Attorney will review this and Council will vote on it later and this will not have to go through a Public Hearing. Mr. MacArthur replied that is correct, he is to review it and remove accessory building reference for only the residential area. CM Ackerman stated concern for the residents that do not have attached garages. CM Black stated for clarification what we want is one home ordinance section and whatever has been permitted in the current AG Zone is to continue. For the Residential Zone area, the business can secure one employee outside of family but can't operate the business in their detached accessory building. Andy MacArthur briefly went over the Resolution and Interim Ordinance. Mr. MacArthur informed the Council that according to the Attorney General's Office, this does not require a 4/5 vote from council to pass. CM Fournier clarified the Planning Commission's vote, saying it was unanimous rather than four to one. Elaine Beatty verified that Carl Swenson called her and stated his vote was intended to vote for the motion. CM Ackerman stated she will vote against the moratorium since it takes the MPCA four months to process a permit, which is adequate time for the City to review their ordinance. CM Fournier stated moratoriums in the past have not produced results, prolonging the process and creating hardships for residents. He feels this would be no exception. CM Fournier stated this moratorium would not solve the problems with existing ordinance and feels will hinder farmers from adding 20 or 30 cows to current operation. He supports the appointment of a Citizens Committee and receive a recommendation from them. CM Heidner stated he supports the moratorium but for no longer than six months and with a limit of animal units. Mayor Freske stated he supports the moratorium and agreed with the six month period since this can't be prolonged. Mayor Freske expressed that rules need to be put in place. CM Black supports the moratorium which he believes is the only legal way the City can take the opportunity to come up with any changes. He agreed with the six month period with the number of 300 animal units. Otsego City Council Meeting of November 27, 1995, cont'd. Page 6. CM Heidner motioned to institute a nonrenewable six (6) month moratorium on Commercial Feedlots, of larger than 300 animal units. Effective date is the date of publication. Seconded by CM Black. VOTING FOR: CM Black, CM Heidner, Mayor Freske VOTING AGAINST: CM Ackerman, CM Fournier MOTION CARRIED 3 to 2. (Discussion occurred between the motion being made and the actual vote) Discussion: CM Fournier would support this moratorium if it was only for 4 months. CM Heidner said the Citizens Committee hasn't been set up and won't be able to start until after the first of the year. CM Black motioned to approve the Amendment of the PUD/CUP to allow expansion of Minn -E -Golf and Hobby subject to the 15 conditions listed in the NAC Report dated November 9, 1995, minus Condition #2, as recommended by the Planning Commission and subject to comments from the City Engineer. Seconded by CM Ackerman. All voted in favor of the Motion. Motion carried. (Discussion occurred between the motion being made and the actual vote) Discussion: Bob Kirmis stated regarding Item 2, he interpreted that the bumper and kiddie car track is a principal use. The intent of the setback is to provide some level of protection for the neighboring properties. The Planning Commission did not agree with this. If Item 2 stays in, then the bumper car and kiddie car track would need to be pushed back 35 feet. CM Black stated he supports the Planning Commission recommendation of eliminating Item 2. CM Fournier asked about hours of operation. Margaret Thidodeau said hours are 10 AM to 10 PM. Mr. Koshak said he had an objection to the use of the 25 foot drainage easement for operations use. Phase 1, there was an agreement for reducing drainage easement to 25 feet to give owner more room. This plan, includes plans, to operate the kiddie cars in the easement. CM Heidner asked that since the lots are being combined wouldn't we lose the drainage easement in the middle and reroute the drainage along the ditch. Mr. Koshak replied the easement would stay the same and some time in the future this commercial property will have water and sewer and the drainage can then be taken care of. Rudy Thibodeau used an overhead and proposed putting in a culvert to the North all the way to the road stating this will take care of all the flooding. Mr. Koshak has informed Mr. Thibodeau to have a Engineer review and demonstrate if this will work and he hasn't seen anything as of this date. The Council agreed to include in motion to work with the City Engineer. Otsego City Council Meeting of November 27, 1995, cont'd. Page 7. None R Request for Closed Meeting for purposes of discussion of Litigation. CM Black motioned to close the City Council Meeting. CM Heidner seconded. All in favor. Motion carried. City Council meeting was closed. CM Fournier motioned to adopt the Resolution Ordering Preparation of Report on Improvement related to Otsego Creek. Seconded by CM Black. All in favor. Motion carried. Mr. Koshak brought the Council up to date on invoices regarding the Municipal Well. It was noted by the Council that at the last Council Meeting direction was given to bill the School for reimbursement. 93 Island View Estates Preliminary Design Review, Kevin Kielb presented the graphics of the preliminary design. The soils report came back and indicated weak soils throughout the project site but should be able to work around this without too many problems. Some of the issues that need to be resolved before the final design are: 1. Curve on 97th Street (75 ft radius) - Current design is good for 15 or 20 MPH, can be left as is and put up a cautionary sign. To speed it up to 30 MPH, would need to acquire land from Lot 10. 2. Kahler Avenue, along the curve to hill - curve lies outside of existing ROW, will need to correct this and bring back into the ROW. 3. 99th Street, existing cul-de-sac. Roadway doesn't allow provisions for a cul-de-sac, need to look at acquiring easement for 66 feet. There was discussion regarding assessments and putting in a cul-de-sac. Mr. Koshak recommends putting in a cul-de-sac, assessing the Greninger property and cul-de-sac would be his access. The Council would like to see part of the cul-de-sac moved onto his property and agreed Engineer should talk to Mr. Greninger. Otsego City Council Meeting of November 27, 1995, cont'd. Page 8. 4. Hill - Tried to keep center line of road even with driveways. Existing hill and matching design speed is good for 30 MPH. Concern is 8% downgrade, making it difficult for plowing and will require additional sanding. The cross slope is steep. Next step is talk to the landowners and discuss this issue with them. CM Heidner questioned if further developing occurs and water and sewer comes in. Mr. Koshak replied that these lots are large enough to go through the lots rather than the road. Mr. Koshak stated this was the only area in the City not placed under the Storm Sewer Taxing District. Based on the potential for development in this area he feels a storm sewer taxing district should be considered. He suggested doing this the same date as the Otsego Creek Taxing District Hearing. The Council discussed if this should be done at this time. CM Fournier motioned to establish the Northwest Storm Sewer Taxing District. Seconded by CM Black. All in favor. Motion carried. (Discussion occurred between the motion being made and the actual vote) Discussion: The Council directed City Staff to do this since the procedure has been done for the other taxing districts. 9.5_ Wetland Consideration Act. Kevin Kielb briefly went over information regarding block grants for administering the Wetland Conservation Act. He recommends that the first step is to apply to the County. If the county refuses, the matter could then be brought to BWSR. Kevin suggested that the Director of Finance put together a list of the City's costs of time spent by staff in administering the WCA. There is also a chance legislation could be considered in the 1996 Legislative session for providing funds. Mark Lefebvre, Chair of Soils and Water for Wright County, shared with the Council that Wright County will administer the Wetland Act if Otsego would allow it. CM Black motioned to adopt the course of action as recommended in Item 9.5. of the Engineer's Agenda, dated November 28, 1995. Seconded by CM Fournier. All in favor. Motion carried. Item 10.5.3.A. Agreement with MnRoad for Winter Maintenance. The letter received states the State is releasing 70th Street for maintenance and the City will receive a deed for the ROW. Otsego City Council Meeting of November 27, 1995, contd. Page 9. CM Heidner asked about the Wright County Surface Water Management Plan. Larry Koshak responded that basically the City. has accomplished the majority of items and the City has to be in compliance by January 1, 1997. He will also send out a copy of their memo of February 15, 1993 written to the Planning Commission. The City needs to have a Map of Wetlands, showing existing wetlands. 10. Council Items: Mayor Freske was called out of the meeting. Acting Mayor Fournier took over. 10. L Discussion of NAC fee change CM Black motioned to adopt NAC's Contract. Motion failed for lack of a second. CM Fournier stated he talked to David Licht last week. AM Fournier motioned to table this issue until more information is received. CM Heidner seconded. Voting For: CM Heidner, CM Ackerman, AM Fournier Voting Against: CM Black Motion carried three (3) to one (1). (Discussion occurred between the motion being made and the actual vote) Discussion: CM Black stated every time this issue comes up there is a reason not to address it. AM Fournier has a concern with NAC working for neighboring cities. CM Heidner feels there should be a exclusive clause in contract. Mayor Freske returned to the Council Meeting. 10-2- Consider City Organization Flow Chart adotp ion. The Council reviewed and discussed changes for this. Administrative Staff was directed to revise and bring back to the December 11, 1995 City Council Meeting. CM Black suggested Jacquie Rognli and Jan or Paul Pearson. CM Fournier motioned to appoint Jacquie Rognli and Jan Pearson to the Facilities Task Force for District 728. Seconded by Vern Heidner. All in favor. Motion carried. Otsego City Council Meeting of November 27, 1995, cont'd. Page 10. CM Black motioned to set membership of Citizens Committee for study of Commercial Feedlot Ordinance at eight (8). Seconded by CM Heidner. All in favor. Motion carried. (Discussion occurred between the motion being made and the actual vote) Discussion: CM Fournier stated there should be equal representation throughout the City and should know where they stand on this issue. CM Black expressed a desire to see representation from the Western part of the City, with a couple of members from each side of dispute and four (4) other members that were not involved in the Lef-Co Application. CM Heidner agreed with this, since there is no time to do interviews, he would like each person give a short review on how they stand and through the process of meeting, some may change their minds or negotiate. He also suggested having eight members and a Planning Commission Member on the committee. CM Heidner motioned to amend CM Black's motion to increase the number from eight (8) to nine (9) in order to have one Planning Commission on the Citizen's Committee. Seconded by CM Ackerman. All in favor. Motion carried. Greg Lefebvre asked if the representative from the Extension Service could also be on the committee. The Council said yes but as a resource non-voting member. CM Black motioned to appoint Ann Bentz, Paul Berning, John Holland, Greg Lefebvre as members to the Citizens Committee for study of the Commercial Feedlot Ordinance, and Richard Nichols as the representative from the Planning Commission. Seconded by CM Heidner. CM Black motioned to table this motion until the next City Council Meeting of December 11, 1995 to allow for additional time to recruit and balance out the Citizens Committee. Seconded by CM Heidner. All in favor. Motion carried. Mayor Freske stated the Order of Consolidation was received from the Municipal Board. The Municipal Board requested the list of candidates by December 11, 1995. CM Black prefers to inform the Municipal Board that Otsego will be in the position to respond to them by the first meeting in January of 1996, allowing Otsego time to compile information and visit with the candidates. Otsego Cite Council Meeting of November 27, 1995, cont'd. Page 11. CM Heidner motioned for Jerry VonKorff to draft a letter to the Municipal Board stati-tg becau of the time of year. with the Holidays, Otsego needs until the first meeti g in Ja, pry of 1996 to complete their list of candidates. Seconded by CM Fournier. All in favor. Motion carried. Discussion: CM Black stated he has not spoken with these people but names he came up with are Jim Metcalf, retired attorney in Monticello, for Chair, and for the Board: Jim Agosta, Island View Estates and Attorney, Jeff Engen, Serves on United Way, resident and employed at First National Bank, Elk River. Mayor Freske suggested Gary Meyers, Judge and resident of Otsego for Board. Elaine suggested Nancy Duerr, resident for Board. Council will continue to -,Ivork on list of names. Mayor Freske will set a special meeting at the December 11, 1995 City Council Meeting for the purpose of compiling this candidate list. F. Park and Rec. Business CM Fournier discussed with the Council the matter of City Staff hauling the Ag Lime for the Park and expenses associated with this compared to contracting the hauling. CM Black motioned to have this matter referred to the Public Work Sub Committee. Seconded by CM Fournier. All in favor. Motion carried. CM Fournier also discussed with the Council about the necessity of an additional light at the ice skating rink. After discussion, the Council agreed with the additional light for safety reasons. The Parks Commission also talked about driving a sand point well by the rink for flooding purposes. The Council agreed, after discussion, that a Sand Point Well causes safety issue concerns and the Park and Rec. Commission should check into the feasbility of running a line from the existing well to the rink. CM Fournier motioned to approve the Claims List as presented. Seconded by CM Ackerman. All in favor. Motion carried. Letter from Charles Van Heel, STMA Hockey Association Arena, dated November 6, 1995. Phyllis Boedigheimer has been trying to contact Mr. Van Heel and would like to meet with him. The Council supported this. Otsego City Council Meeting of November 27, 1995, cont'd. Page 12. CM Black motioned to adjourn. Seconded by CM Heidner. All in favor. Motion carried. Meeting adjourned at 11:35 PM. Mayor Norman F. Freske ,'mac Attest: Elaine Beatty, City Clerk/ 'ng Administrator