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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