07-22-1991 City Council MinutesSTATE OF MN The City Council of the City of
COUNTY OF WRIGHT Otsego met this 22 day of July,
CITY OF OTSEGO 1991, at 7:30 PM. Doug Lindenfelser
Acting Mayor, Floyd Roden, Larry
Fournier and Ron Black, Council Members, Jerome Perrault,
Clerk, James Barthel, Treasurer, Elaine Beatty, Deputy Clerk,
Judy Hudson, Secretary, Bob Kirmis, Planner, Larry Koshak,
Engineer and Andy McArthur, Attorney, were present.
The meeting was called to order by Acting Mayor Doug
Lindenfelser.
Motion by Larry Fournier to approve the Minutes of the
July 8, 1991, Council Meeting. Seconded by Ron Black, all
Council Members voted in favor of the motion.
Planner Bob Kirmis was present in regard to the request
of Al Zahler to add 2 1/2 acres to PID 118-500-331202 (a 2
1/2 acre parcel in Sec. 33, Range 23, on the South Side of Co
37 -70th St) to make it a 5 acre parcel so the owner can have
horses. He said his office is generally positive about
approving Mr. Zahler's request and recommended it with the
following conditions:
1. The site survey be revised to illustrate an
continuous 5 acre parcel of land.
2. The North 33 ft. of the property be dedicated as an
easement for Co. Road 37 right-of-way.
3. The buyer of the property should be aware that
Industrial use of property is being considered in that area.
4. The City retain the right to require submission of
additional plans (such as grading) for the property.
5. The sub -division be subject to park and trail
dedication fees as determined appropriate by the City.
6. The revised site survey should include drainage and
utility easements as required by the Sub -Division Ordinance.
7. The City Engineer should review and make
recommendations regarding site drainage.
Larry Fournier commented that the Planning Commission
has unanimously approved the request of Al Zahler to add 2
1/2 acres to PID 118-500-331202 subject to the condition as
outlined by Northwest Assoc. Consultants (Bob Kirmis).
Motion by Larry Fournier to approve the request of Al
Zahler to add 2 1/2 acres to PID 118-500-331202 with the
approval subject to the conditions as outlined by Northwest
Assoc. Consultants and the Planning Commission. Seconded by
Floyd Roden, all of the Council Members voted in favor of the
motion.
Bruce Gagneluis, of the Monticello Ins. Agency, was
present to discuss providing Insurance Coverage for the City.
He said the City is financially better off obtaining coverage
thru the League of Cities which are pool funds. Otsego has
already received quotes from First National Agency in Elk
River on the League of Cities policies. He said he also
writes policies for the League of Cities if in the future you
were dissatisfied with your current agent. He did suggest
that the Council should receive the Coverage under the Leaq;;
c
L ._._<<h; Fiahility Ins. Policy
STATE OF MN, COUNTY OF WRIGHT, CITY OF OTSEGO, CITY COUNCIL
MEETING OF JULY 22, 1991, 7:30 PM. Page 2
extensive the coverage is as compared to the policy he writes
for the Scottsdale Ins. Co. of Scottsdale, Arizona, the
highest rated and largest insurer of Public Officials in the
nation. Another consideration would be Pollution Liability
Ins. which the EPA now requires on Landfills and Disposal
Plants. The League of Cities does not issue Pollution
Liability Iris.
Gil Darkenwald appeared before the Council iri regard to
dust control on Quaday Ave. The Council explained that they
have adopted a policy where they will apply calcium chloride
at a cost of about $2,300.00 per mile if the residents of the
particular street on which it is to be applied pay for the
dust control up front. Mr. Darkenwald questioned why the
residents should pay for dust control when most of the
traffic is from people not living on the road. The Council
replied that because of budget cuts the City can not afford
to do it any other way.
Engineer Larry Koshak appeared before the Council to
discuss the Nashua Ave. project. He said if the Council
orders plans and specifications in August, advertises for
bids in October, receives the bids and award the project by
Nov. 11, and enter into an agreement with the Contractor
by Nov.. 25, we could submit documentation of the contract to
the rvISA office and receive 95% of construction funds and
eligible costs from MSA funds by December. These funds could
then draw interest for the City until construction starts in
May, 1992. The interest earned on the MSA funds could be used
for other road and bridge purposes. He said present plans
are to secure the additional 14 ft. of easement needed all on
the West side of Nashua.
Gene Goeriner was present and said he was concerned about
obtaining all of the additional easement on the West side of
Nashua as Nashua is already off the quarter line in most
places. He was also concerned about assessing part of the
reconstruction cost to the property owners along Nashua as he
said many of them could not afford it.
Larry Koshak also advised the Council that the
contractors will be starting the Packard Ave. project this
Thursday and is still hopeful of completing the project this
fall. He also said that the City Maps are now completed.
The State Engineer on the Cold Region Test Facility has
asked him to check 70th St. as two property owners have asked
for changes in the location of their field driveways.
Andy McArthur was present and said that he was
recommending that the city take no action on the stipulation
by the Mn Dept of Revenue that the City agree to reduce their
1992 Levy by $63,707 less than the State imposed levy
limitation for 1992 to avoid a fine of $21,023 for exceeding
the 1991 Levy Limitation. The $21,023 would be taken out of
Local Govt Aid and Homestead Credij Aid to be received in
STATE OF MN, COUNTY OF WRIGHT, CITY OF OTSEGO, CITY COUNCIL
MEETING OF JULY 22, 1991, 7:30 PM. Page 3
introduce legislation that would remove the penalty because
of all the additional expense Otsego had because of
incorporation.
Andy McArthur also presented the Council with an
Ordinance providing for the removal of snow, ice, dirt, and
rubbish from sidewalks; the elimination of weeds from public
and private property; removal or elimination of public health
or safety hazards from private property excluding any
hazardous building included in Minnesota Statutes 463.15 to
463.26; installation or repair of water service lures; the
repair of sidewalks and alleys; sprinkling and dust treatment
of streets; the trimming and care of trees and the removal of
unsound and diseased trees; the operation of a street
lighting system; and the collection of the costs of such work
or service when done by the Municipality as a special
assessment against property benefitted and providing
penalties for violation thereof. The adoption of this
Ordinance would allow the City to penalize violators and also
assess property owners for services and work done by the City
on private property.
Motion by Ron Black to adopt the following Resolution:
Be it resolved that the City Council of the City of
Otsego hereby adopts the above described Ordinance this
22 day of July, 1991. Motion by Larry Fournier to adopt
a summary of the above described Ordinance for
publication purposes. Seconded by Floyd Roden, all Council
Members voted in favor of the motion.
Andy McArthur also presented the Council with copies of
an Ordinance defining nuisances, prohibiting their creation
or maintenance and providing for abatement and penalties for
violation thereof:
A public nuisance is defined as a thing, an act or use
of property which maintains or permits a condition which
unreasonably annoys, injures, of endangers the safety,
health, morals, comfort or repose of any considerable numbers
of the public or interferes with, obstructs or renders
dangerous for passage any public highway or right-of-way, or
waters used by the public, or any other act or omission
declared by law in this chapter to be a public nuisance.
Gene Goenner said he was concerned that this Ordinance
would prevent farmers from doing field work at night which
because of weather conditions is sometimes necessary. Floyd
Roden suggested that the Ordinance could be worded to exempt
farmers. Bob Kirmis suggested that a certain decibel level
be considered to prevent abuse of the noise level if farmers
are exempted.
Ron Black suggested that the Council further review the
proposed nuisance Ordinance before making a decision on
enacting it.
Bob Kirmis then discussed he proposed Planned Uni !:
STATE OF MN, COUNTY OF WRIGHT, CITY OF OTSEGO, CITY COUNCIL
MEETING OF JULY 22, 1991, 7:30 PM. Page Four
Development Ordinance. He said a Planned Use Development is
having 2 principal buildings on one lot, based on a pre-
planned development. There are also planned use developments
with a conditional use permit or like Riverwood Conference
Center with multiple uses in one area. Ron Black asked what
happens if the Planned Use Development is in place and then
the owner decides he wants to make some changes. Bob Kirmis
replied that in a case like that the owner would have to come
back before the Planning Commission again.
Motion by Ron Black to adopt the following Resolution:.
Be it resolved that the City Council of the City of
Otsego hereby adopts the Planned Unit Development
Ordinance for the City of Otsego this 22 day of July,
1991. Motion was seconded by Larry Fournier, all
Council Members voted in favor of the motion. Bob
Kirmis's office is proposing that an amendment be ,made
to the Sub-Division Ordinance which would permit 1 per 40
splits in Ag areas to be handled Administratively rather than
before the Planning Commission.
Motion by Floyd Roden to approve an amendment to the
Sub-Division Ordinance which would permit 1 per 40 splits in
Ag Areas to be done Administratively. Seconded by Larry
Fournier. Ron Black suggested that while the 1 per 40 splits
are handled Administratively, they should be reported to the
Planning Commission and the Council.
All Council Members voted in favor of the motion.
Pam Novotany has offered to serve as Dog Catcher for
$300.00 per month. Ron Black suggested that the Council
request her to appear at the next Council Meeting to discuss
her proposal and to clarify what services would be covered by
the $300.00 per month.
Motion by Ron Black to table consideration of hiring a
Dog Catcher until Norman Freske is present. Seconded by
Floyd Roden, all Council Members voted in favor of the
motion.
Ron Black reported that he had met with a State man in
regards to hiring a Building Inspector for Otsego. He said
that we should soon have a Job Description ready and could
advertise for a Building Inspector and interview candidates.
Floyd Roden gave a report on the Parks and Recreation
Commission which held a meeting on July 9. The members of
the Commission are Carl Swenson, Randy Reznicek, Jacquie
Rognli, Darlene Solberg, Mark Wallace and Floyd Roden who
serves as a Council Representative on the Commission. Carl
Swenson was named Chairman, Darlene Solberg Vice Chairman,
and Mark Wallace Secretary to serve until January. Topics
discussed at the meeting were having staggered terms of
office for the members and also whether the Council
Representative would be a voting member. It was decided a,_
the meeting that the Council Representative could make
STATE OF MN, COUNTY OF WRIGHT, CITY OF OTSEGO, CITY COUNCIL
MEETING OF JULY 22, 1991, 7:30 PM. Page Five
motions but would riot be a voting member. Ron Black
suggested that the Commission have 7 members besides the
Council Representative who would be a non-voting member. Ron
also suggested moving slow on approving Workshop attendance
for Commission Members until funds are available. Carl
Swenson commented that we do have to adopt a Parks and Trails
plan, that the Commission Members are inexperienced and would
benefit from Workshops. Carl Swenson also said that the
Parks Committee has set a tour of the Brooklyn Park System
for Aug. 26 from 4 to 6:00 PM and invited all the Council
Members to also attend.
Larry Fournier reported on having taken a tour of the
Elk River Fire Dept. and was quite impressed by how well
equipped they are.
Motion by Ron Black to buy a lock box and set up a Petty
cash Fund for the City Hall Office in the amount of $30.00.
Seconded by Floyd Roden, all Council Members voted in favor
of the motion.
Proceeding as a board of audit, the City Council audited
and allowed verified accounts Nos. 604 to 632 inclusive.
Ori motion
�thee meeting adjourned.
CC G', G+
, Norman F. Freske, Mayor
auglas
Lindenfelser, Council
Floyd Roden, Council
Attest:
jeh
Larry Fournier, Council
, Ron Black, Council
Jerome Perrault, Clerk