03-28-96 CCCITY OF OTSEGO
WRIGHT COUNTY, MINNESOTA
CITY COUNCIL MEETING
6:30 PM
COUNCIL CHAMBERS
OTSEGO CITY HALL
MARCH 28, 1996
The City Council Meeting scheduled for March 25, 1996 was canceled due to inclement
weather and rescheduled for March 28, 1996.
1. Mayor Norman F_ Freske will call them .. ing to order.
Mayor Freske called the March 28, 1996 City Council Meeting to order at 6:30 PM.
Roll Call- Norman F. Freske, Mayor; Councilmembers: Suzanne Ackerman, Larry
Fournier, Vern Heidner. Ron Black arrived at 7 PM.
Staff- Bob Kirmis, Assistant Planner; Andrew MacArthur, City Attorney; Elaine Beatty,
City Clerk/Zoning Administrator; Phyllis Cokley, Director of Business/Finance; Judy
Hudson, Deputy Clerk.
CM Fournier requested to remove Items 3.2. through 3.7. from Section 3 and place under
Section 6. Consent Agenda; remove Item 6.1. under Section 6 Consent Agenda, and place
under Section 10 Council Items.
CM Heidner requested to leave Items 3.2. through 3.7 under Section 3.
CM Fournier agreed.
CM Fournier motioned to approve the March 28, 1996 City Council Agenda as
amended. Seconded by CM Heidner. All in favor. Motion carried.
CM Fournier motioned to approve the March 11, 1996 City Council Minutes.
Seconded by CM Ackerman. All in favor. Motion carried.
3.2. July 26, 1995 - Special Council Workshop
3.3. August 2, 1995 - Special Council Workshop
3.4. August 10, 1995 - Budget Workshop
3.5. August 29, 1995 - Special Budget Workshop
3.6. September 5, 1995 - Special Budget Workshop
3.7. November 15, 1995 - Budget Meeting
Regarding Items 3.2. through 3.7: CM Heidner noted there are some corrections. Phyllis
Cokley agreed and suggested corrections for all of the minutes and asked the City Council
to table these items.
CM Fournier motioned to table Items 3.2 through 3.7 for Phyllis Cokley to review
and correct. Seconded by CM Heidner. All in favor. Motion carried.
Otsego City Council Meeting of March 28, 1996, cont'd. Page 2.
�MT67 •1F.f • . , MOTOR
5. Onen Forum_
Ron Schmot, Scenic Sign, St. Cloud, representing Long Haul Trucking. He attended to
request a larger sign than the City's Ordinance allows for Long Haul Trucking.
Elaine Beatty noted she previously discussed this with John Daniels, Owner of Long Haul
Trucking, and they agreed to have this placed on the next City Council Agenda for the
purpose of giving the City Council time to review materials Mr. Daniels submitted.
6- CoTseTt*,gnda.
Item 6. 1. removed and placed under Section 10. Council Items.
•.2. Consider recommendation of prices• .n Up D.
6.3. Consider approving action of #1, #2, #3, and #4 of letter from Jercy
VonKorff dated March 20, 1996,
6.4. Set Hearing date for Vacation of Streets within the Plat of Bulow Estates
for April ••• at • 1 'u
CM Fournier motioned adoption of the Consent Agenda as amended. Seconded by
Mayor Freske. All in favor. Motion carried.
7. Bob Kirmis, Assistant CityPlanner
7.1. (See No_ 8.2) Andy MacArthur, City Attorney-
Mr.
ttorneyMr. MacArthur explained that Bob Kirmis and himself were asked to review the proposed
Feedlot Ordinance, which they did and their comments are outlined in the attached March
27, 1996 Memorandum.
Mr. MacArthur reported the Moratorium on Feedlots expires June 6, 1996.
The Public Hearing for this proposed ordinance will be held April 3, 1996, 8 PM at the
Planning Commission.
7.2_ Discuss SW r .alap nning (See NAC's Memo of 3-19-96)
With recent activity of Frankfort Township, City of St. Michael and City of Albertville, the
Staff questioned if they should continue their analysis of the Southwest Area Planning for
the City. After Council discussion, they agreed to have Staff determine if they should
continue in planning and analysis of the Southwest Area of the Otsego.
Tem op racy Outdoor S 1 s: Mr. Kirmis said the City received a recent inquiry regarding a
temporary greenhouse. Since this type of issue is requested several times a year, staff feels
an amendment to the ordinance should be considered. The current ordinance does not
address outdoor sales in depth and consideration should be given for an Administrative
Permit for this type of activity.
Otsego City Council Meeting of March 28, 1996, cont'd. Page 3.
CM Fournier motioned to authorize the City Planner to proceed with amendment to
the Ordinance regarding Temporary Outdoor Sales. Seconded by CM Heidner. All
in favor. Motion carried.
(Discussion occurred between the motion being made and the actual vote)
Discussion: Mr. Kirmis asked if the Council would like to include social events in the
amendment. CM Heidner cautioned that he does not want to see restrictions put on
businesses that occasionally use their own sidewalks or parking lot to have a little day long
sale as opposed to the owner letting someone else use their lot for a temporary outdoor
sale. CM Heidner would also like to see a permit fee set. CM Fournier suggested City
Planner work with the City Clerk regarding this amendment.
CM Black arrived at 7 PM.
R_ Andy MacArthur, City Attorney -
8. 1.
ttorney8.1. Review Curfew Ordinance.
Mr. MacArthur stated he had reviewed the Curfew Ordinance and noted it is basic, and
the County Attorney agreed to do any prosecutions. The ordinance from the City of
Bloomington, which he previously submitted to the City Clerk, included constitutional
challenges and made specific references to this, and this ordinance does not.
Mayor Freske objected to using age 18.
CM Ackerman supports the age 18 and reported that this Ordinance will be used just as a
guideline.
Jim Hudek, Wright County Sheriffs Office, stated the Ordinance is a tool available for
them. They won't be looking for everyone that fits into this category, but if there is a
group of several teenagers that looks like a problem, it is there to use. The ordinance
would be enforced with desecration. He also went on to say most ordinances get too
complicated.
There was discussion regarding special school and church events and it was decided again,
this ordinance would be used with desecration and not to make it complicated.
Mr. MacArthur noted this does not need a Public Hearing.
CM Heidner motioned to adopt Ordinance No. 96-2, An Ordinance regulating the
presence and conduct of minors on streets and other public places; defining duties of
parents or others in care of minors; providing for procedures and penalties for
violations thereof. Seconded by CM Ackerman.
Voting For the Motion: CM Ackerman, CM Black, CM Fournier, CM Heidner.
Voting Against the Motion: Mayor Freske.
Motion carried four (4) to one (1).
(Discussion occurred between the motion being made and the actual vote)
Discussion: Mayor Freske voted against this motion for the reason of being opposed to
age 18. CM Black noted the concern but 18 is the age the Court System uses to
determine using the Juvenile Court or Adult Court. He also asked what happens, under
Section 3. Enforcement., if no one is home and the teenage lives in Otsego or if the
teenager does not live in Otsego.
Otsego City Council Meeting of March 28, 1996, cont'd. Page 4.
Officer Hudek responded they would be turning the teenager over to the parent or
responsible adult, which involves taking the teenager down to the office to make the
phone calls and hold them there until they are picked up.
8.2. Review of Feedlot Ordinance Proposed Amendment_
Previously discussed under Item 7.1.
8.3. Any other egal Business_
Mr. MacArthur briefly updated the City Council on Lef-Co, regarding schedules.
9. Larry Koshak,City Engineer,
The City Engineer was not in attendance, therefore no engineering items discussed.
10_ Council Items:
10.1. Review and consider Hearing Procedure for Planning Commission Meetings.
Elaine Beatty went over the proposed Hearing Procedure (attached).
Carl Swenson, Chair of the Planning Commission, stated it was his intention not to
change the way the meetings are handled but to give more public recognition.
CM Black motioned that the City Council has no objection to the proposed Hearing
Procedure for the Planning Commission. Seconded by CM Ackerman.
All in favor. Motion carried.
(Discussion occurred between the motion being made and the actual vote)
Discussion: CM Fournier noted this procedure will be printed on the back of the Planning
Commission Agendas.
CM Fournier motioned to set Tuesday, April 23, 1996, 6:30 PM, with forty-five
minutes for each supervisor for the purpose of job performance evaluation.
Seconded by CM Ackerman. All in favor. Motion carried.
(Discussion occurred between the motion being made and the actual vote)
Discussion: CM Black asked who will be preparing a review document. Mayor Freske
said he and the City Clerk will have this prepared and present at the next City Council
Meeting for adoption of format.
10.3. Any other Council Business,
A Consider recommendation of Public Works Suh-Committee of
culvert eject on Ochoa Avenue, South of CSAH 39
CM Heidner proposed to table this project for one year. His reason for this is that he
feels most the problems is from snow melt from the field where Heritage Plains is going in
and the berm that will be constructed should solve this runoff problem.
Otsego City Council Meeting of March 28, 1996, cont'd. Page 5.
Tom Block, lives on Ochoa Avenue, stated he has no problem with tabling this project for
one year and agreed it is a spring water problem.
John Winter, Ochoa Avenue, agreed with holding off for one year and doesn't think the
culverts would help.
CM Black motioned to table the Culvert Project on Ochoa Avenue, South of CSAH
39, for one (1) year. Seconded by CM Heidner. All in favor. Motion carried.
Mayor Freske requested the City Clerk to inform Dave Chase, Maintenance Supervisor, of
this decision.
10.4_ City Clerk's Update_
Elaine Beatty went over the following items:
Warning Si` ren_ Dave Chase will start installing April 1, 1996 and will be up and running
by the tornado season. A letter was sent to the Darkenwald Real Estate informing them of
this.
Management Course: Elaine Beatty completed the first set of five (5) half-day
Management Courses on March 5 and will be signing up for another five (5) half-day
course for $195.00.
(Council agreed as long as it is in the budget)
Mayor's Prayer Breakfast: Elaine Beatty talked to Jacquie Schuelinen, Elk River Chamber
of Commerce, regarding this event. Both Elaine and Ms. Schuelinen agreed that the
organization, preparation and responsibility should be left up to the Ministerial Committee.
Letter from Jerry VonKorff: Elaine Beatty suggested a Closed Meeting to call Mr.
VonKorff for discussion
Regional Planning Seminar: Rita Johnson and Elaine Beatty have set the date of May 9,
1996 for this event to be held at Otsego City Hall, with a dinner, speaker and a panel.
The Council directed for the City to pay for the Planning Commission Members and if
anyone else may attend but they should pay for themselves.
Publication: Elaine Beatty received a call regarding subscribing to a Nation Wide
Publication on Planning. Council direction was not to subscribe to this.
There was discussion of No. 4 on Page 1. CM Heidner liken this if there was a special
meeting to attend, Elaine Beatty could call the Mayor or one of the other Councilmembers
for permission to attend.
CM Fournier motioned to adopt Resolution No. 96-11, clarifying the Intent of
Ordinance 91-04, An Ordinance Establishing Salaries For the Mayor and City
Council. Seconded by CM Black. All in favor. Motion carried.
Otsego City Council Meeting of March 28, 1996, cont'd. Page 6.
CM Fournier bought up some concerns with the Community Park Board regarding the
City's Insurance Plan. Through Council discussion, it was determined that the City of
Otsego has a contractual obligation for this though the through the Joint Powers
Agreement.
Mayor Freske asked the City Clerk about the State Wide Aerial Photo. Elaine Beatty
explained that the State will be taking shots but they will not be as accurate as the ones the
City has.
CM Black motioned to accept the Claims List. Seconded by CM Heidner. All in
favor. Motion carried.
(Discussion occurred between the motion being made and the actual vote)
Discussion: Mayor Freske questioned the MN Transportation Alliance Membership Fee,
stating he was not aware that Otsego was a member and would like more information on
this. Phyllis Cokley replied she had checked into this and the City has been a member and
will give information to Mayor Freske.
CM Black motioned to remove the MN Transportation Alliance Membership Fees
from the Claims List. Seconded by CM Fournier. All in favor. Motion carried.
CM Heidner suggested for staff to check with Larry Koshak regarding the MN
Transportation Alliance Membership.
CM Black motioned to closed the City Council Meeting for purpose of annexation
litigation discussion. Seconded by CM Heidner. All in favor. Motion carried.
Time: 8:17 PM.
City Council Meeting re -opened at 8:45 PM.
10.6. Adjourn by 10 PM.
CM Black motioned to adjourn. CM Fournier seconded. All in favor. Motion
carried. Meeting adjourned at 8:46 PM.
7-07
an F. Fre7"Ia
hest: Elaine Beatty, City Clerk/Zo g Administrator
Q\', V\UA-ZC,,r,
c rded 6SJudy Hudson
SEAL CITY