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11-12-1991 City Council MinutesSTATE OF MN The City Council of the City of COUNTY OF WRIGHT Otsego met this 12 day of Nov., CITY OF OTSEGO 1991, at 7:30 PM. Norman Freske, Mayor, Doug Lindenfelser, Floyd Roden, Larry Fournier and Ron Black, Council Members, Jerome Perrault, Clerk, James Barthel, Treasurer, Elaine Beatty, Deputy Clerk, Judy Hudson, Secretary, Bill Radzwill, Attorney, and Bob Kirmis, Planner, were present. The meeting was called to order by Mayor Norman Freske. Motion by Floyd Roden to approve the Minutes of the Oct. 28, 1991, Council Meeting. Motion seconded by Ron Black, all Council Members voted in favor of the motion. Francis Kichler of 8074 Needham Ave., appeared before the Council to ask if he could place a fence in the ditch by his property to keep the snowmobilers off his property. Bill Radzwill commented that he could do this, however the City could be held liable for any accidents as well as Mr. Kichler and the City could be sued. Posting the area for no snowmobiling would be the safest way, however, people tend to ignore signs. Larry Fournier said he has been getting a lot of calls from people complaining about snowmobilers running on their property. Ron Black commented that he would have a problem with allowing obstructions in the ditches as this could lead to a lot of problems. Floyd Roden also said he would be opposed to any obstructions in the ditches. Ron Black further commented that the only way to deal with this problem is education and enforcement. The Council decided to put a notice in the Newsletter requesting snowmobilers to respect private property and advised Mr. Kichler that he could put a fence on his own property but not in the ditch. Bill Radzwill at this time presented the proposed "Sewage Disposal Ordinance" for Council review. Building Inspector Jerry Olson asked what kind of a survey would be needed for a on-site system. He said he did not think a topo would be necessary in every case. The Council agreed that a survey would not be necessary unless the Building Inspector requested it, a scaled site plan would be sufficient. Jerry Olson also had a question about getting a septic permit at the same time as the house permit. The perc test for the septic system should be done before the house permit is issued. In Section 5-4-2, it should read the City Clerk shall refer to the Building Inspector. The installer shall furnish as -built plans of septic systems to the City. Jerry Olson also had a question about how many inspections were required for the removal of old septic systems. The Ordinance as written requires 3 inspections, before, during and after completion. The Council agreed 2 inspections would be sufficient, one during and one after completion. THE OTSEGO CITY COUNCIL MEETING OF NOVEMBER 12, 1991, 7:30 PM PAGE 2 Regarding providing information for real estate sales, the City should only provide information as to when existing septic systems were put in and where they are located and should not guarantee that they are in working order. Regarding pumping, it will be required every 2 years unless the home owner can provide proof it is not needed. The Proposed Nuisance Ordinance was then reviewed. In Section I, page 2, it says all noxious weeds and other rank growth shall be removed except approved natural lawn projects. Ron Black said he did not think the City should be involved in approving lawn projects. Ron Black asked about the intent of Section I, Page 3. Bill Radzwill said its' intent was to prevent unlawful assembly. Larry Fournier questioned whether we should have maximum decibel levels for noise. Ron Black said he thought ditches should be included in Paragraphs V and W on page 5. Ron Black said he thought the word "old" should be stricken from 6-2-5 on page 5 as vehicles can be old but still be in good condition. On Public Drinking (6-2-10), Ron Black thought that it should include parks and public parking lots unless permitted by City authorization. Motion by Floyd Roden to approve and adopt the "Nuisance Ordinance" as amended. Seconded by Larry Fournier, all Council Members voted in favor of the motion. Bob Kirmis appeared before the Council in regard to the application of John Lefebvre for a farm accessory mobile home permit. The occupant of the mobile home is required to be a full time employee of the farm or employed in the care of the farm operator. He also recommended a site plan be approved. Larry Fournier said the Planning Commission approved the request as the farm operator John Lefebvre, is disabled and needs care. He said when the Planning Commission did a site inspection, it took John Lefebvre 10 minutes to answer the door. Ron Black said he was concerned about the lack of facts substantiating the need for the mobile home and the fact that neither John Lefebvre or any one to represent him appeared at the Hearing on his request before the Planning Commission. Motion by Ron Black to send the matter of John Lefebvre's request for a Farm Accessory Mobile Home Permit back to the Planning Commission for further review. The Motion was seconded by Norman Freske. Norman Freske said we realize that John Lefebvre needs help but a lot of questions are not answered. Ron Black said if the permit is approved it should be worded so that when John Lefebvre no longer lives on the farm, the mobile home must be removed. Norman Freske, Ron Black, Doug Lindenfelser, and Floyd THE CITY COUNCIL MEETING OF NOVEMBER 12, 1991, 7:30 PM PAGE 3 Roden voted in favor of the motion, Larry Fournier was opposed. The motion passed. Judy Hudson reported that the Albertville City Council could meet with the Otsego City Council on either Dec. 3 or Dec. 9 to discuss the Fire Dept. Protection Contract with the City of ALbertville and would prefer to meet at the ALbertville City Hall. The Council approved Dec. 3, 1991, at 8:00 PM as the meeting date. The DNR has submitted the request of Marvin Balfanz for a culvert project that would affect Mud Lake. The Council recommended that Engineer Larry Koshak check this project before they comment on it. Motion by Larry Fournier to advertise for bids for a new tandem dump truck. Seconded by Ron Black, all Council Members voted in favor of the motion. Proceeding as a board of audit, the City Council audited and allowed verified accounts Nos. 907 to 968 inclusive. On motion the meeting adjourned. , NORMAN F. FRESKE, MAYOR DOUGLAS LINDENFELSER, COUNCIL • FLOYD RODEN, COUNCIL , LARRY FOURNIER, COUNCIL , RON BLACK, COUNCIL Attest: Jerome Perrault, Clerk JP/jeh