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01-08-96 CCCITY OF OTSEGO WRIGHT COUNTY, MINNESOTA CITY COUNCIL MEETING 6:30 PM COUNCIL CHAMBERS OTSEGO CITY HALL JANUARY 8, 1996 I Mayor will call meeting to order_ Mayor Norman F. Freske called the January 8, 1996 City Council Meeting to order at 6:30 PM. Roll Call: Mayor Norman F. Freske: Councilmembers: Suzanne Ackerman, Ron Black, Larry Fournier, Vern Heidner. Staff: Andy MacArthur, Attorney; Bob Kirmis, Assistant Planner; Elaine Beatty, City Clerk/Zoning Administrator; Phyllis Cokley, Director of Business and Finance; Judy Hudson, Deputy Clerk; Carol Olson, Secretary. ?._ Consider Agenda Approval- Mayor p rp ov l - Mayor Freske requested: Item 6.3. Remove from the Consent Agenda and place under Item 10.6.D. for discussion Item 10.6.E. Addition: Letter from Elk River Chamber of Commerce Item 10.61. Addition: Letter from Wright County Sheriff Councilmember Fournier requested: Item 10.6.G. Addition: Letter from David Licht regarding Zoning Ordinance Revision of Feedlots. CM Black motioned to accept the January 8, 1996 City Council Agenda as amended. Seconded by CM Fournier. All in favor. Motion carried. 3Consider Minutes_ Mayor Freske noted a correction on Page 7, there was no second on CM Black's motion. CM Black motioned to adopt the December 27, 1995 City Council Minutes with the noted correction. Seconded by CM Heidner. Voting for: Mayor Freske, Councilmembers Ackerman, Black and Heidner. Abstained: CM Fournier, since he did not attend the December 27, 1995 meeting. Motion carried. (Discussion occurred between the motion being made and the actual vote) Discussion: CM Heidner reported he made the second on CM Black's motion. • 916"s IT owl.t�'.. •� :' • •i Otsego City Council Meeting of January 8,19969 cont'd. Page 2. Mr. D'Aigle reported the City of Albertville supports Resolutions for Annexations for the properties of Roden, Belfany and both Vetsches, whom he is representing. Area totals approximately 166 acres. They want to able to get services from Albertville. Mr. D'Aigle attended the Council Meeting to ask Otsego to support these Resolutions. If the Council is not in support, the landowners would like to meet with the Council to give additional information and get Otsego's input. Comments ftorn the Co=cA CM Fournier stated he has difficulty supporting this without a formal request or some type of documentation. CM Heidner reported this past summer there was a meeting put on by the Municipal Board and invited residents from this area in the Otsego. The residents said they want city services and it did not matter which City provided it. Otsego has been taken the position that they are willing to work with Albertville in purchasing services. CM Heidner also stated Otsego has been looking into small treatment plants. He would like to find out from the landowners what capacity they require and maybe Otsego could provide services. CM Black stated he would like to know what the intentions of the landowners are and why the landowners believe it is in the best interest of either Otsego or Albertville to support this petition. He needs to see something in writing. To his knowledge no one in this area has requested services. Mayor Freske stated there is nothing here to act upon. CM Fournier commented the whole area should be looked at to decide if services can be provided to base a good decision. CM Black stated since this is just a presentation and the Council thoughts are taken, there is no need to say any more. Mr. D'Aigle said if the City Council has questions, they can address them to him. He further stated he was involved in the last annexations and he came before the Council to ask for services for Frank D'Aigle and was told no. CM Black pointed out there was no request to provide services in that area just an informal discussion at a meeting. The City is looking for specific requests from the landowners indicating what their needs are so the City can respond to those needs. Landowners in the East have needs and the City is doing a sewer study, and the same situation for the City Well Mr. D'Aigle replied then the City is asking for the landowners to come before the City of Otsego with specific plans for development. He pointed out this will cost the landowners money. He suggested the landowners meet with the City Officials and a meeting with both cities and work out an agreement. They are seeking water and sewer services. CM Heidner asked services for how many homes. Mr. D'Aigle replied they are seeking municipal services for both industrial and residential purposes. There is 165 acres, and can get around 200 or 300 houses. CM Heidner said that is what we need to know. Currently there is a proposal for about the same size that can be treated with a small package waste plant. Otsego City Council Meeting of January 8, 1996, cont'd. Page 3. Mr. D'Aigle asked what does the Council need to see. He feels his clients do not want to spend money to be turned down. CM Black asked for their needs, plans and proposal and then ask if the City can do anything for them. He stated the City of Otsego can be very flexible and accommodate the needs and desires of residents. Mayor Freske stated that right now the council has no idea what the landowners want. Ron D'Aigle, on behalf of his clients, requested a vote of decision. The Council stated there is nothing in front of them to vote on. Rod D'Aigle said the Resolutions to support or deny. The Council said they haven't seen any Resolutions. Mr. D'Aigle said the Resolution Otsego would produce to support or deny annexation detachment. CM Fournier commented that whenever we received a request the City has always acted favorably and will approach all requests in the same way. 5. Open Forum. None appeared. CM Black motioned the adoption of the Consent Agenda, Items 6.1. and 6.2. Seconded by CM Fournier. All in favor. Motion carried. Andy MacArthur briefly went over the changes that would to be made in the Home Occupation/Home Extended Business Ordinance as interrupted from the minutes. His preference is to keep the existing Section 28 and 29 with changes. Section 28 changed to allowing the one additional outside employee and to limit the business to house and garage in the residential areas. One of the problems with eliminating Section 29, are with the existing home extended businesses and all the cross-references. Another concern are all the existing home extended businesses. He also suggested to include the statement specifically prohibiting the adult uses. Another issue is whether or not the Council would open up the Home Occupation Section and make them all permitted but with a limitation. The Current Ordinance gives examples of what is a permitted Home Extended Business. Otsego City Council Meeting of January 8, 19%, cont'd. Page 4. Bob Kirmis stated there are two levels of Home Occupations, the special and the permitted. The permitted is allowed without a Public Hearing. The Special does require a Hearing. Mr. Kirmis asked if the Council wants to keep this Special Home Occupation use and what would be the requirements. CM Fournier suggested forming a sub -committee to finalize the Home Occupation/Home Extended Business Ordinance Amendment. He also stated he supported amending the current ordinances. Mayor Freske felt the simplest way is go with amending the current ordinance. CM Black supported CM Fournier suggestion of forming a sub -committee. A concern of his was a lot of governmental intrusion and that it is so difficult to delete an ordinance because of multiple cross sections. If the interim step is for simplification and amending the current ordinance he accepts this as long as the long term goal of Council is to combine these Sections. CM Black is concerned with technical problems in trying to simplify something. Mr. MacArthur suggested to list as many examples as possible for a permitted Home Business. CM Heidner pointed out the proposed Ordinance gives examples of what is not permitted and feels this is more simple. CM Black motioned to have the Mayor appoint a sub -committee to work with the City Attorney and City Planner to draft a satisfactory Home Business Ordinance. Seconded by CM Fournier. All in favor. Motion carried. (Discussion occurred between the motion being made and the actual vote) Discussion: CM Heidner and CM Ackerman volunteered. Mayor Freske said he will hold off appointing this sub -committee. 8 Any other gal Business_ CM Black reported he hasn't received any comments regarding Mr. MacArthur's contract. CM Heidner stated he has shared his comments with Phyllis Cokley. CM Heidner asked Mr. MacArthur if he has started his billing in one-tenth increments. Mr. MacArthur replied if that is what the Council wants, he will start. CM Black said he and Phyllis will get together regarding the contract. Mayor Freske requested to have this on the January 22, 1996 City Council Agenda pending further discussion. Otsego City Council Meeting of January 8, 1996, cont'd. Page 5. 10-2- Election of an Acting Mayor_ CM Black nominated CM Fournier for Acting Mayor. Seconded by CM Heidner. CM Black motioned to close Nominations. Seconded by CM Heidner. All in favor. Motion carried to close Nominations. Discussion: CM Fournier appreciated the support and accepts the position of Acting Mayor. Vote for CM Fournier as Acting Mayor: All voted in favor. Motion carried. Planning Commission Terms for Jim Kolles and Arleen Nagel, expiring December 31, 1995. CM Fournier motioned to re -appoint Jim Kolles and Arleen Nagel to the Planning Commission for a Four (4) Year Term each, starting January 1, 1996. Seconded by CM Black. All in favor. Motion carried. Park and Rec. Commission - No terms expired in 1995. EDAAC - LuVern Klinker and Darlyn Kofoed terms expired December 31, 1995. CM Fournier talked to Mr. Klinker and he does not want to continue on the EDAAC. CM Fournier motioned to re -appoint Darlyn Kofoed to the EDAAC for a Four (4) Year Term, starting January 1, 1996. Seconded by CM Black. All in favor. Motion carried. Heritage Preservation - Frieda Lobeck and Norman Swanbeck Terms expired December 31, 1995. CM Fournier talked to Frieda Lobeck and she would like to be re -appointed. CM Black motioned to re -appoint Frieda Lobeck and Norman Swanbeck to the Heritage Preservation Commission for a Three (3) Year Term each, starting January 1, 1996. Seconded by CM Ackerman. All in favor. Motion carried. The Council directed the City Clerk to advertise for openings on the EDAAC, alternate for Planning Commission, and for the second alternate for Park and Rec. CM Black motioned to designate Bob McEachern as Chair. Seconded by CM Fournier. All in favor. Motion carried. Otsego City Council Meeting of January 8, 1996, cont'd. Page 6. CM Black motioned to designate CM Ackerman, CM Black, CM Fournier, CM Heidner, Jacquie Rognli, Nadine Aarvig, Elaine Beatty, Dave Sederberg, John Darkenwald, Ing Roskaft as committee members. Seconded by CM Ackerman. All in favor. Motion carried. (Discussion occurred between the motion being made and the actual vote) Discussion: Mayor Freske stated a resume from Wally Odell has been received. CM Fournier motioned to have Wally Odell's Resume placed on a Alternate List for John Darkenwald, at City Hall. Seconded by CM Black. All in favor. Motion carried. CM Fournier reported the EDAAC, at their December 4, 1995 Meeting, did brainstorming for 1996 Projects. Their list contained projects that didn't pertain directly to Economic Development. This information was distributed and CM Fournier said after hearing some concerns he thought it would best to hold off with the projects. He sees it appropriate to set a workshop date with City Council to discuss some items they can work on for next year. CM Fournier motioned to set a Workshop for January 24, 1996, 6:30 PM, to discuss Economic Development and to include projects the EDAAC might work on. Seconded by CM Black. All in favor. Motion carried. CM Black motioned to table until January 22, 1996. Seconded by CM Ackerman. All in favor. Motion carried. B Consideration of Calendar blocking out dates for no CC Meetings - CM . , ings_CM Fournier motioned to approve staff's recommendation. Seconded by CM Black. All in favor. Motion carried. C Discussion of Personnel Policy, CM Fournier reported there have been concerns that have come up with City Employees and Personnel Policy should be reviewed. CM Black motioned for concerns and issues to be addressed by the Staff and given to the City Council for review by the February 12, 1996 City Council Meeting. This should be in written form specifying the Sections. Seconded by CM Fournier. All in favor. Motion carried. Otsego City Council Meeting of January 8, 1996, cont'd. Page 7. D Consider cost of living increase for employees. CM Black motioned to grant a three (3) percent wage adjustment to all City Employees. Seconded by CM Fournier. All in favor. Motion carried. (Discussion occurred between the motion being made and the actual vote) Discussion: The Council agreed this should be called a wage adjustment rather than a cost of living. Reviews: CM Black would like to see a different approach to Employee Reviews this year. He suggested the Mayor appointing himself and one other Councilmember as a Review Committee. He felt this would be less intimidating for the employees. He suggested that all of the Council members prepare a comment list and submit to the Review Committee. CM Black would like to see the review process with more structure and to view this as a positivelbeneficial opportunity for staff and council. CM Fournier thought that with the small staff the whole Council should be there. Phyllis suggested to form a process and to look at what other cities are doing. She said generally supervisors review their employees and the City Council only reviews the top employees. Elaine stated she is working on a reviewal process and supported CM Black's suggestion for this year. CM Black motioned to direct the Mayor, City Clerk and Finance Director to develop a Employee Review Program. Seconded by CM Fournier. All in favor. Motion carried. D Letter from Elk River Chamber of Commerce Chamber asked if Otsego would be interested in buying an ad for Area Map of Elk River, which includes a part of Otsego at a cost of $150. CM Fournier motioned that the City doesn't buy an ad. Seconded by CM Black. All in favor. Motion carried. F Letter from Wrighto un y Sheriff, Regarding a Citizens Committee Meeting on January 24, 1996 to provide input as to the law enforcement needs. CM Black motioned to elect Jack Soderlind to represent the City of Otsego. Seconded by Mayor Freske. All in favor. Motion carried. (Discussion occurred between the motion being made and the actual vote) Discussion: CM Black reported that Mr. Soderlind has indicated to him he would be interested in any committees that involves law enforcement. Mayor Freske said he would contact him. Otsego City Council Meeting of January 8, 1996, cont'd. Page 8. GDavid Licht's Memo sugg�s, tinga Staff person attend the Feedlot Meetings. CM Black felt Mr. Licht was looking for technical support at these meetings. Richard Nichols was in attendance at the Council Meeting and the Council stressed to him that the City Staff and their Professional Staff is available to them for technical support. Mayor Freske stressed he did not want this process prolonged. Richard Nichols reported they are intending to use the NAC draft as a base. CM Black stressed to Mr. Nichols that staff is available and keep communications going with Elaine. CM Fournier reported the Park and Rec. want to display a old snowmobile for the Winter Fest. Regarding the Well. They feel they can cap a sandpoint well so it can only be used by authorized people. They felt running a line from current well under the parking lot would be too expensive. CM Black said this is an engineering question. Phyllis suggested to talk about this later in the year, closer to budget time. Phyllis Cokley reported she received a notice from the Department of Economic Security regarding a former employee applying for unemployment (Tom Phillips). The City could be responsible for this and could amount to $1,000. The City Staff and City Council viewed the Video from the League of Minnesota cities Defense and Loss Control Attorney tilted "The Complexities of Employment Law." 10-7- Consider Claims List for Approval- CM p rov _CM Black motioned to approve Claims List as presented. Seconded by CM Heidner. All in favor. Motion carried. CM Black motioned to adjourn. Seconded by CM Ackerman. All in favor. Motion carried. Meeting adjourned at 8:15 PM. oa. Mayor Norman F. Freske (9 "- , 4 ttest: Elaine Beafty, City Cle Zoning Administrator 1 R td bQ.udy Hudson, Deputy Clerk