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07-24-1995 City Council MinutesCITY OF OTSEGO WRIGHT COUNTY, MINNESOTA CITY COUNCIL MEETING 6:30 PM COUNCIL CHAMBERS OTSEGO CITY HALL JULY 24, 1995 Mavor Norman F. Freske called meeting to order at 6:30 PM. ROLL CALL: Mayor: Norman F. Freske, Councilmembers: Suzanne Ackerman, Ron Black, Larry Fournier, Vern Heidner Staff: Bob Kirmis, Assistant Planner, Andy MacArthur, Attorney; Elaine Beatty, Clerk/ Zoning Administrator; Phyllis Boedigheimer, Finance/Business Director; Judy Hudson, Deputy Clerk, David Chase, Maintenance Supervisor. Consider Agda_ CM Fournier requested addition: 8.0. Discussion of David Licht's letter of July 14, 1995, regarding Terry Merritt. Phyllis Boedigheimer requested addition: 8.2.a. Discussion of Workshop for Budget. CM Fournier motioned to adopt the July 24, 1995 Agenda as amended. Seconded by CM Heidner. All in favor. Motion carried. a_ July 10 1995 Council Minutes. CM Black motioned to accept the July 10, 1995 City Council Minutes. Seconded by CM Fournier. All in favor. Motion carried. h_ July 11 1995 Island View Fstates Hearing for Road Improvement CM Fournier motioned to accept the July 11, 1995 Island View Estates Hearing for Road Improvement Minutes. Seconded by CM Ackerman. All in favor. Motion carried. Discussion: Correct spelling of Agosto. 4 Special Presentation: 4 1 Gil Darken=paid - Re: Used Car Lot on #101 & #42 - Wallace Odell gave a brief history of this area: Gil has owned since 1960, zoned for a Used Car Lot with a CUP by County, operated car lot for 7 years, $45,000 worth of improvements there. Presently, land is not being used. Gil would like to run a Owner to Owner Business on this land. An operation which would mainly be operated from Friday through Sunil:.. The operation is basically where Gil would lease a space to owners of cars, trucks, boats, etc. . Otsego City Council Meeting of July 24, 1995, cont'd. Page 2 The owner would leave a card on vehicle with necessary information for sale. Gil would not be doing any selling. Mr. Odell doesn't feel Gil should go through a PUD. Gill is concerned with what he can do there, under present zoning there is nothing for new or used cars sales, automobiles sales are permitted in the Business Warehouse district. He doesn't know if this Owner to Owner will work and doesn't want to spend a lot of money. Is there some way to make this work without going into a lot of expense. The parcel is IS acres, only eastern part is zoned B3, about 7 acres. He wants to do something with this land in order to pay for the taxes, etc. He also said if this operation is successful, he would blacktop the parking lot. CM Heidner asked how many acres he would use for this. Gil replied that having 50 cars there would be ideal. Bob Kirmis said it is his understanding that Gil is having trouble with the performance standards and that is it is hard to justify a variance because of a economic hardship. Andy MacArthur said the City Staff has met with Gil and that the contract is almost done but then he withdrew his application. What was proposed would give Gil a far greater range of uses. Mr. MacArthur also stated that the performance standards would be deferred until 101 is updated. Gil Darkenwald said he doesn't want to change the zoning to PUD and that contract could be canceled when 101 is completed. Mayor Freske asked why application was pulled and would like to review the background. Andv informed the council that Mr. Darkenwald can re -apply and the conditions probably wouldn't change. The Council informed Mr. Darkenwald that when a new application is submitted, they can do something, until then they can't make any decisions. Mayor Freske requested to see a copy of Gil's application. 4,1 R PM - Firenrms (irclin nce Hearing Mayor Freske called Hearing to order at 8 PM. He thanked the committee for their work Elaine Beatty said postings had been done. Mayor Freske turned Hearing over to CM Heidner who gave a brief background. The need for Firearms Ordinance came up last Fall. The City Council asked that this issue be taken under consideration. Approximately 25 residents formed a committee. Over the course of six months, eight or nine meetings were held. They started with a draft ordinance from NAC. Diane Constant contacted over 15 cities for their ordinances. The members put a lot of work into this. Otsego City Council Meeting of July 24, 1995, cont'd. Page 3 Mayor Freske turned over to Richard Nichols. Richard went over the procedure. They started with a session with Sheriff Hozempa. Elk River Police Chief Tom Zerwas and DNR Dale Ebel. Elk River had a major concern with the area along the river. The basic premise was safety and with the changes the City has gone through the past 20 years, it seemed appropriate to have some type of ordinance. In summary the committee ended up with the proposed boundaries as outlined in the attached proposed Ordinance. They tried to keep the area as small as possible. They also took a look at the rifle discharge outside of area and agreed the 500 ft. rule would prevail. Mayor Freske opened to the public for questions and comments. Sheriff Hozempa stated that this ordinance was reviewed by the County Attorney and himself. They had a few suggestions but felt ordinance was well drafted and applauded the residents that worked on it. CM Heidner noted that their suggestions were incorporated. CM Fournier asked the Sheriff if enforcement will be a problem and he said no. CM Heidner motioned to close public hearing. Seconded by CM Black. All in favor. Motion carried. Discussion: CM Heidner noted he was pleased to have worked with this group and for many it was their first time working with the City. Mayor Freske agreed and thanked the members again. CM Black motioned to adopt the proposed Hunting and Discharge Ordinance with a map to be published every year by September 1. Seconded by CM Ackerman. All in favor. Motion carried. Discussion: CM Black noted that this is a good example of how our City Government should work, getting residents involved, and commended the members for their work. :•h KiTTnis. PropeM owmnadlIvy-Cliyton D- and Joyce D Anderson The prop= is located at the SF Corner of CO Rd #39 an 0 e-qn Ave NE PTT) IS -500-164300 and #118-500-164305 Bob Kirmis went over •• dated June 20, 1995. a- Rezone from A-1 Aeric lit"r 1 R1101 rvice Area to R -3 - CM Black motioned to rezone property parcels 118-500-164300 and 118-500-164305 from A-1, Agricultural Rural Service Area Zoning to an R-3, Residential, Immediate Urban Service Area Zoning. Seconded by CM Heidner. All in favor. Motion carried. Otsego City Council Meeting of July 24, 1995, cont'd. Page 4 CM Fournier motioned to approve the Planning Commission's recommendation and approve the Preliminary Plat for VanTatenhove's Estates subject to the conditions of the NAC Report dated June 20, 1995 and subject to the Findings of Fact dated July 24, 1995. Seconded by CM Black. All in favor. Motion carried. 5 1 Consider an Amendment to he Zoning Ordinance to amend Section M0 15 concerning Non -Conforming Lots of Record Andy MacArthur went over the amendment to the Zoning Ordinance to amend Section 20.15. CM Heidner was concerned with the possibility of developing of a lot where the owner does not own contiguous lots. Attorney MacArthur pointed out that they still would have to be consistent with current Zoning Ordinance. Bob Kirmis said if they meet our provisions, they could possibly develop. CM Black motioned to adopt the Amendment of the Zoning Ordinance to amend Section 20-2-2, 20-15-2, and 20-16-3 Related to the Definitions of Lots and Lot of Record, Non -conforming Lots of Record, and Platted and Unplatted Property. Seconded by CM Fournier. All in favor. Motion carried. 5 1 Council Consider changes in Planning Commission By -Laws Planning Commission Carl Swenson reported that they had previously pointed out some problems with By-laws and Code of Ethics and the City Council suggested that the Planning Commission review and do some recommendations. CM Heidner pointed out that the issue of Leave of Absence is not addressed in the by- laws and who would approve such. Chair Swenson felt it should be decided by the City Council. The Council requested the following changes: Item #3 and a non-voting Council representative appointed by the Mayor. Item #4 scheduled meeting and participate in all session, but the alternate Item #16 correct spelling from future to further The Council had concerns with Item #17. Why at the request of the Chair. Carl said the purpose was to keep the meeting under the control of the Chair. What is meant by the personal interest. Felt the personal interest was too vague, would be excluding too many members on the Planning Commission. Carl said during their discussions, the major concern seems to be financial but felt there are other things also, such as family. Attorney said the Council can decide if Conflict of Interest should be more restrictive. He also felt that Item #17 should have more definition. CM Black motioned to refer the By-laws and Work Rules back to the Planning Commission specifically to refine Item #17, clarifying the conflict of interest. Seconded by CM Ackerman. All in favor. Motion carried. Otsego City Council Meeting of July 24, 1995, cont'd. Page 5 5 4 Consider request of Steve and Diane Kolles for applicant Iohn Daniels olTong Haul Trac king Final Plat for Long um„l Tn,cking Industrial Site Bob Kirmis reported that John Daniels is requesting Final Plat Approval. The Rezoning and Preliminary Plat of Subdivision has been approved. There were minor refinements done to the subdivision in response to the Preliminary Plat approval. CM Black motioned to approve Final Plat of Otsego Industrial Park subject to the conditions of the NAC Report dated July 18, 1995. Seconded by Mayor Freske. All in favor. Motion carried. Discussion: C'_VI Heidner referred to the Engineering Letter dated July 20, 1995, Item 2, asking if it would be appropriate to set Impact Fees. Andy MacArthur responded that the City Engineer does not have all the information for this part of City like he has with the rest of the City. Roger Anderson, Long Haul Trucking, said John Daniels is going through major expense for on-site ponding. Mr. MacArthur also noted that the City has an Ordinance in place to assess the property at a later date. None Phyllis Boedigheimer reported that at the last Council Meeting the attorney indicated some concerns with the Park and Trail Fees. The Park and Rec. drafted a letter formally supporting their recommendation and explaining their process. It was noted that they did not change their recommendation and attorney did not change his feelings. Phyllis advised the City Council to review this. Tom Constant and Darlene Solberg, Park and Rec., were present. Tom said they did make some changes, Trail dedication fees, with straight 10% and no dollar amount. (See PR minutes of July 11, 1995). Darlene asked the Council to rescind the last resolution and make this last one clearer according to the minutes of July 11. Andy MacArthur said he read through Merlin Otto's rational and he accomplished what was needed. Andy said it is the Council's decision to set a straight fee or use percentages with Andy preferring a straight figure. After much discussion on these fees, basically what the council wanted to know is the rational for using the percentage, with some members feeling the percentage is too high. The Council wanted to see a definition of fair market value, and if it is based on fair market value at time property was purchased or at the time lots are sold. CM Heidner motioned to rescind the previous motion of June 26, 1995 regarding the Fee Schedule of Subdivision 21-8-18 Section I, Subdivision 21-7-18 Section K. Seconded by CM Black. All in favor. Motion carried. Otsego City Council Meeting of July 24, 1995, cont'd. Page 6 CM Black motioned to submit Park and Rec. recommendations for the following Park and Trail Dedication Fee Schedule: Subdivision 21-7-18 Section I: Residential - 10% of the land in lieu of cash or 10% of the Fair Market Value at the City's discretion. Commercial/Industrial - 10% of land in lieu of cash of 10% of Fair Market Value for land area at the City's discretion. Subdivision 21-7-18 Section K: 1/2 percent of gross area being sub -divided for residential use in lieu of cash or 1/2 percent of Fair Market Value land at the City's discretion. and to include a definition of Fair Market value. Seconded by CM Heidner. VOTING FOR: CM Black, CM Ackerman, CM Heidner. VOTING AGAINST: Mayor Freske, CM Fournier Motion carried three to two. Discussion: CM Fournier is against this motion stating it is not fair, should be based on park usage, percentages are difficult for City Staff to work with. 6.1 See #4_ .,., T1o.rnlnnPrc u;crhte nnri nnccihie solution to the CM Fournier reported that the Planning Commission was concerned with this area developing while the study is being conducted. Andy MacArthur stated a moratorium is one year with an extension of 18 months, a moratorium can be used here because of potential site for sewer plant. Elaine Beatty said the City Council can remove moratorium earlier by resolution. Mayor Freske wouldn't want accessory buildings included in moratorium. CM Fournier motioned to have the City Attorney draft a moratorium for no increase density, to allow accessory building, and allow for replacement of homes, if destroyed for the next City Council Meeting. Seconded by CM Black. All in favor. Motion carried. 6-4- See #5.2 above 6 5 Any other egal Business 7_Fn..ginPPring T ms ,ion in ied to next meetingl City Engineer did not attend. All Engineering Items continued to August 14, 1995. 8- Council Ttems- 8 0_ Letter from David Licht regarding. Terry MeniLL' Terry Merritt resigned from the Municipal Board. The Council agreed to continue to have Mr. Merritt as facilitator. They want to keep the process moving ahead. Otsego City Council Meeting of July 24, 1995, cont'd. Page 7 CM Fournier motioned to pay Terry Merritt $50 per meeting, including the last meeting. Seconded by CM Black. All in favor. Motion carried. CM Fournier reported that he, Phyllis and a representative from the Albertville Economic Development are meeting Thursday, 7 PM at Otsego City Hall. R 1 _Boards and Commission U do ate. a EDAAC CM Fournier reported that the next meeting is August 7, 1995, 7 PM. They are currently working with Tun Eng, new intern. EveryThursday at 4 PM, Tim will present a update on his Data Base. Phyllis reported that Tim is driving around and reviewing all properties in Otsego, checking the newspapers etc. CM Black suggested he check with the Secretary of State for a Certificate of Assumed Names List. h Plnnning Commission Mayor Freske appointed CM Ackerman as the Council Representative to the Planning Commission. r P rl s and Rees Comm CM Ackerman reported the PR is look forward to meeting with the City Council at their next meeting, August 8, 7:30 PM. They are gearing up for the hay ride and their August 13, 1995 picnic was canceled. Mayor Freske appointed CM Fournier as Council Representative to the PR. d Community Rec Board CM Black stated the Community Rec. Board is starting to work on their budget. P Pub is Works Dave Chase reported that the State Water Tank will be watering some of the gravel roads by the 37 & ODean Project tomorrow. He has one more culvert to put in and one more to lower on 78th Street. He requested to have a Public Works meeting scheduled. Sealcoating is done. The City Hall Parking Lot will be swept once more and then marked. CM Fournier reported they haven't met, waiting for a response from Dan Lais. g Adm Suh-Co_ rte CM Black reported they haven't met, staff should schedule a date. h Heritage Preservation Comm CM Black reported their next meeting is July 27, 1995. R 2 Consider Economic Development Parmershi on f Wright Co. Phyllis briefly went over her memo dated July 24, 1995 (attached). Their next meeting is August 16th, Maple Lake, 9 AM. She will be meeting with Gerald Winner, State Department of Economic Development, on August 15, 3:30 PM to pursue information regarding process and procedures in economic development. He expressed his support for Otsego joining the Economic Development Partnership of Wright County. Otsego City Council Meeting of July 24, 1995, cont'd. Page 8 9-2-5- Set a budget meeting Phyllis passed out a Budget Report for Council to review prior to the Workshop meeting of July 26. She noted they should consider amending the 1995 budget. Phyllis recommends scheduling two budget meetings prior to the September 11th City Council. CM Black motioned to set August 10, 1995 at 6:30 PM for a Budget Meeting. Seconded by CM Heidner. All in favor. Motion carried. CM Black motioned to set August 29, 6:30 PM for a Budget Meeting. Seconded by CM Heidner. All in favor. Motion carried. CM Black motioned to have the Mayor set the agenda for Wednesday night. Seconded by CM Fournier. All in favor. Motion carried. 8-1- Consider Claims List for Approval CM Black motioned to approve the Claims List as submitted. Seconded by CM Ackerman. All in favor. Motion carried. Discussion: CM Heidner questioned an Audio Communication Invoice. Staff informed him it was for the TV hook up. CM Black questioned the claim for a cement saw. Mayor Freske said they needed one for a cement culvert in Walesch Estates. 9-4- Adjourn by 10 PM CM Fournier motioned to adjourn. Seconded by CM Black. All in favor. Motion carried. Meeting adjourned at 10 PM. t I Norman F. Freske, Mayor Judy Hudson, Deputy Clerk Attest: Elaine Beatty, Clerk CITY SEAL