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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 — PAGE 4 — 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 - PAGE 5 - 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 - PAGE 6 - 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)