11-22-1993 City Council MinutesSTATE OF MINNESOTA The City Council of the City of
COUNTY OF WRIGHT Otsego held a Council Meeting
CITY OF OTSEGO this 22ND day of November, 1993.
At 7:45PM the meeting was called to
order by Mayor Norman F Freske, Doug Lindenfelser, Floyd
Roden, Larry Fournier and Ron Black, Council Members, Jerome
Perrault, Clerk, Jim Barthel, Treasurer, Elaine Beatty,
Deputy Clerk, Zoning Administrator, Judy Hudson, Secretary,
Larry Koshak, City Engineer, Bob Kirmis, Assistant City
Planner and Andy MacArthur, Attorney were present.
The Minutes of November 8, 1993. Floyd Rodes noted a
change on page one, second paragraph from the bottom, add "at
the time of sale" after Realtors must be notified.
Floyd Roden motioned to approve the minutes of November
8, 1993 with the above change. Ron Black seconded the
motion. Motion carried unanimously.
Tom Baillargeon, Chair of the Park and Recs Commission
appeared before the Council to update the Council on the
Parks and Recs Commission. He stated there needs to be some
continuity with the Commission and the Council. They are
starting a skating rink, excavation was donated except for
fuel and is done. They haven't worked out the details on the
warming house yet. Wright-Henn. will put up some lights.
There is an option of the warming house to have some heat.
How they will flood the rink is some concern, possibly a fire
truck with a water tank or a milk hauler could do it. They
are groming trails for cross-country skiing & snowmobiling
and are looking for a sliding hill now. The pit at Handke is
a big attraction and any ideas would be appreciated. The
people are all concerned with liability.
Attorney Andy MacArthur said we maybe could attach them
onto the City policy on a rider. We would have to talk to
the League on that.
As far as the snow mobile trails, the commission has
been working on that. There is a problem with the liability.
The farmers are concerned.
Ron Black said there is a law that exempts land owners
form being liable. He asked Mr Baillargeon to give him a
call. Mr Black said he may also want to contact the DNR.
Mr Baillargeon said please pass Resolution #93-67 for
no parking on Co #39 for a bicycle path. He was told it has
been sent to the Co for approval. Also the Historical
Society is chomping at the bit to get going. The grants, he
is not sure where they stand now.
Larry Koshak said the State is trying to define how the
money is split up.
Mr Baillargeon said the brush cleaning is still being
done in the City Hall woods by sentence to serve people. The.
VFW wants to try to help with some financing for the skating
rink. Brad Michelson, the second alternate for the Parks and
Recs Comm. has resigned due to lack of time.
Mr Dave Schultz, who lives on Needham appeared before
the Council and said the residents in the area had completed
a drainage project and since that time the water drains into
CITY OF OTSEGO COUNCIL MEETING OF NOVEMBER 22, 1993 AT 7:30PM
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Larry Koshak, City Engineer appeared before the Council.
8.1. 37 and Odean Feasibility Report (Resolution).
Mr Koshak explained that there were no proposed
assessments on this intersection of #37 and Odean because it
is a traffic safety project. The financing is thru the Co.
State Aid for the County portion of the road and MSA for the
City portion. The procedure is hold a public hearing. The
County Board approves the project and the Council approves
the plans and specs.
Larry Fournier motioned to accept the Feasibility Study
for the #37 and Odean intersection project. Ron Black
seconded the motion. Motion carried unanimously. The Public
hearing will be held on December 27, 1993 at 8PM.
Floyd Roden motioned to send the information on the #37
and Odean project information to Wright County. Ron Black
seconded. Motion carried unanimously.
Floyd Roden motioned to request MSA Maintenance Funds
for 25%. Ron Black seconded the motion. Motion carried
unanimously.
8.3. Otsego Creek Authority Information. Larry Koshak
informed the Council that the creek was walked today 11/22/93
by some of his staff.
8.4. Obrian & 90TH (Otsego Acres) drainage issues.
Larry Koshak explained the map that he had prepared with
elevations. Mr Koshak suggested that the 4W wetland, we
should talk to the property owner (Myrtle LuConic). The
level of the pond being drawn down would help solve the
problem in the Engineer's estimation. He will talk to Ms
LuConic.
Larry Fournier asked what are we talking about on 4W? A
diking device and a pipe across. We still have to deal with
the ground water and positive drainage that gets it to halls
pond. Ochoa and 88TH Street is a hole, it drains to 87TH and
out thru the ditching system.
Larry Fournier motioned to have Mr Koshak contact Ms
LuConic to discuss 4W and what we can do. Ron Black seconded
the motion. Motion carried unanimously.
Mr MacArthur, City Attorney noted that if we are
contemplating assessing, we need photographs of the area.
8.5. 96TH St Report and long term plan discussion.
Glen Sundeen will get back to us. MSA route 101 thru
Antelope Park and Mississippi Shores, it would cost
$600.000.00 to do that road. We can reduce it to 36' with
curb and sidewalks on both sides. In 1994 $400,000.00 has
been committed to #37 and Odean. Quaday is the next road to
be done.
Ron Black said no lights on 96TH Street is a problem.
8.6. Discuss #101 Traffic signal (#39). A portion of
that intersection has to be shared by the County and the
State. Wright County's policy says Cities must share in 50%
of the cost. We can use MSA funds on County roads. Mn/DOT
CITY OF OTSEGO COUNCIL MEETING OF NOVEMBER 22, 1993 AT 7:30PM
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has assigned project numbers to that intersection. There
will be an agreement coming down for signatures and
approval.
Discussion of the signal lights and lamping same was
had.
Ron Black motioned to send a letter to the Utility
Company that for reasons of public safety, response time, and
quality of service, we request that Elk River Utilities
maintain the traffic signals and the utility companies work
out the details. Larry Fournier seconded the motion. Motion
carried unanimously. (CC: to Wright County & Mn/DOT)
Larry Koshak asked if the Council wanted an emergency
transmitter installed in the lights? Each transmitter costs
$400.00. The wiring should be done at the intersection. The
Council agreed to get it wired.
Larry Fournier motioned to have the Engineer inform
Mn/DOT to have EVP wired for the transmitter at the lights on
#39 and 101. Ron Black seconded the motion. Motion carried
unanimously.
Larry Koshak informed the Council that Gammon Bros.
broomed #37 and #101.
10.4. Discuss letter from Wright Henn Elec Re: Gammon
Bros. Larry Koshak informed the Council that Otsego's
maintenance man, Duane Fiedler was operating the truck.
Gammon's driver was in a hurry to get the truck moved to
another site. He got in the truck and took out gas and
undergound wire and he was in a hurry. The inspector who was
on the job feels it is a Gammon Bros. problem. The City
hired the equipment, not Gammon. The City Attorney should
respond to this letter.
Black motioned to extend the Maintenance Agreement with
Wright County on Odean Ave NE, until the construction project
on Odean and #37 is finished. Doug Lindenfelser seconded the
motion. Motion carried unanimously.
We should check with FEMA to see where they are with the
monies we have applied for.
The maintenance department purchased a snow blower
today, the Council Sub -Committee informed the Council.
Also, they are looking for truck information for bidding, or
possible lease and a bucket for the front of the tractor. It
will take six weeks. They will go ahead on that.
Andy MacArthur, City Attorney
9.1. Update on Wild and Scenic Ordinance.
Andy MacArthur noted that since the DNR received no
comments the DNR decided to not hold the Hearing. The Rule
is at the Reviser of Statutes. It is effective one week
after publishing. December 15, 1993 is the Planning and
Zoning Hearing on the Wild and Scenic Ordinance, it will come
before the Council on December 27, 1993 and the rule adoption
should be the end of January.
Ron Black motioned to recess the open meeting. Doug
CITY OF OTSEGO COUNCIL MEETING OF NOVEMBER 22, 1993 AT 7:30PM
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Lindenfelser seconded the motion. Motion carried
unanimously.
Due to an Attorney Client matter regarding the
architect.
Ron Black motioned to close the meeting. Larry Fournier
seconded the motion. Motion carried unanimously.
Everyone identified themselves and a tape of the meeting
was made.
Black motioned to have Jerome Perrault and Don Meinhardt
negotiate a settlement with K & K Sales and pay the bill in
full. Doug Lindenfelser seconded the motion. Motion carried
unanimously.
Ron Black Motioned to adjourn the closed meeting. Doug
Lindenfelser seconded the motion. Motion carried
unanimously.
Motion by Ron Black to reopen the regular Council
Meeting. Larry Fournier seconded the motion. Motion carried
unanimously
9.3. Andy MacArthur recommended that a Council Sub-
committee interview the applicants for the clerical position
for the office and bring it back to the Council with a
recommendation as to which one or two they want to hire. He
stated that the Council can do interviews, but it has to be
an open meeting and he didn't recommend it.
10.1 Subcommittee for office administration was
appointed of Larry Fournier and Ron Black.
Andy MacArthur saw no problem w/purchasing Christmas
decorations for the City Hall.
10.6. Albertville Fire
Larry Fournier motioned to accept option #1 in which
option the triangle area contract remains in effect for 15
months. Black seconded the motion. Motion carried
with Ron Black opposing, and Doug Lindenfelser, Norman F
Freske and Larry Fournier voting yes, and Floyd Roden being
absent.
10.7a. Historical Comm.
Ron Black stated that in order to have a Historical
Commission, we need to amend our present Ordinance and set up
a Historical Protection Commission. They would recommend
which ones would be protected in an overlay district. The
process impacts into Zoning. We have a draft ordinance from
Eden Prairie and Mr Black said he is looking for authority
from the Council to forward this draft ordinance to NAC's
office for a review and recommendation by them.
Doug Lindenfelser motioned that the Planning Commission
hold a Hearing regarding the Historical Commission and
amendment to our ordnance. Larry Fournier seconded the
motion. Motion carried unanimously.
Ron Black stated that he is concerned that the City Hall
is the last area to be plowed. At 8AM the walks have to be
cleaned. It is a safety issue and applies to the New City
CITY OF OTSEGO COUNCIL MEETING OF NOVEMBER 22, 1993 AT 7:30PM
- PAGE 7 -
Hall as well. as the Old City Hall. The Maintenance Sub -
Committee will work on this.
Mayor Freske brought up the letter for the "Super Sewer"
meeting of November 18, 1993 from Wright County. They have
received two $2,500.00 grants. There is a meeting December
1, 1993 and Doug Lindenfelser and Norman F Freske will
attend.
Ron Black motioned to adopt Resolution No. 93-68 City of
Otsego Resolution Establishing an Account for Self -Funding
Insurance. Larry Fournier seconded the motion. Motion
carried unanimously.
Norman F Freske motioned to cancel the Special Council
meeting of 11/29/93 for interviews. Ron Black seconded the
motion. Motion carried unanimously.
Norman F Freske brought up the Municipal Clerks Meeting
and the Newsletter.
Doug Lindenfelser bought up that he had a complaint of a
dog barking at the kennel on #39 owned by John and Cheryl
Adams, from Don Greninger a neighbor.
The City Council agreed to let political parties use the
New City Hall as a non-profit organization.
Doug Lindenfelser motioned to adjourn the meeting.
Larry Fournier seconded the motion. Motion carried
una 'mously.
Le
NO iii•,. FRE SKE, MAYOR DOUG INENFELSER, COUNCIL
EN, COUNCIL LARRY SOU IER, COUNCIL
FLOYD
L
RONBLACKI(COUNC L
ATTEST:
EB
ine Beatty, Deputy C
Zoning Adm.
RESOLUTION NO. 93-68
CITY OF OTSEGO
RESOLUTION ESTABLISHING AN ACCOUNT
FOR SELF -FUNDING INSURANCE
WHEREAS, the City of Otsego from time to time receives refunds on
insurance premiums paid, and
WHEREAS, the City of Otsego has deductible amounts for Insurance
that can be increased if we have monies in a reserve fund to cover such amounts, and
WHEREAS, we have received a check from the League of Minnesota
Cities Insurance in the amount of $1,412.00 as a refund of Workmen's Compensation
reserves, and from time to time receive refunds,
NOW THEREFORE; The City of Otsego will establish an account for Insurance
refunds, the purpose will be to increase deductibles and lower the yearly premium of the
City Insurance monies paid and to work towards the goal of lower insurance premiums,
thru a self-insurance fund.
Dated this 22nd day of November, 1993.
CITY OF OTSEGO:
NORMAN F FRESKE, MAYOR
RESOLUTION # 93-69
CITY OF OTSEGO
RECEIVING REPORT AND CALLING FOR HEARING ON
STREET IMPROVEMENT
CSAH37 (NE 70TH STREET) AND NE ODEAN AVENUE
WHEREAS, pursuant Lo resolution of the Council adopted
June 28,„1993, a Feasibility report has boon prepared by
Hakanson Anderson Associates, Inc. with reference to the
improvement of
CSAH37 (NE 70TH STREET) AND NE ODEAN AVNEUE,
CITY OF OTSEGO, COUNTY OF WRIGHT, MINNESOTA.
This Feasibility report was received by the Council on
November 22, 1993,
NOW, THEREFORE, BC IT RrsoLvED HY THE CITY COUNCIL OF OTSEGO,
MINNESOTA
1. The Council will consider the improvement of such
street in accordance with the report and the possible
assessment of abutting property for all or a portion of the
cost of the improvement pursuant to Minnesota Statutes
Chapter 429 at an estimated total cost of the improvement of
$13.0,/85.00 for the City of Otsego
2. A Public Hearing Shall be hold on such proposed
improvement on the 27TH-- daY 19,43 in the Council
Chambers of the City Hall o 8 PN and the Clerk shall give
mailed and published notice of such Hearing and improvements
as required by law.
Adopted by tho Councit this 22ND day of NeveMbeY. 1.993
OF OTSEGO:
eske, Mayor AT
Norman
.Jr()II10 Perrau1 L, Clerk
(CITY *AL)