05-23-1994 City Council MinutesFile #CC5494.WPS:
CITY OF OTSEGO MINUTES OF THE PROCEEDINGS OF THE CITY
COUNCIL OF THE CITY OF OTSEGO, IN THE COUNTY OF WRIGHT,-AND
STATE OF MINNESOTA
REGULAR SESSION
MAY 23, 1994 - 7:30PM
CITY HALL COUNCIL CHAMBERS
ROLL CALL:
NORMAN F FRESKE, LARRY FOURNIER, DOUG LINDENFELSER, FLOYD
RODEN (WAS LATE) AND RON BLACK, COUNCIL MEMBERS WERE
PRESENT, ALSO PRESENT WERE JIM BARTHEL, TREASURER, ELAINE
BEATTY, DEPUTY CLERK/ ZONING ADMINISTRATOR, JUDY HUDSON,
SECRETARY, LARRY KOSHAK, AND KEVIN KIELB, ENGINEERS, BOB
KIRMIS, ASSISTANT PLANNER AND ANDY MAC ARTHUR, ATTORNEY.
2. CONSIDERATION OF THE FOLLOWING MINUTES:
2.1. BOARD OF REVIEW - APRIL 21,1994:
LARRY FOURNIER MOTIONED TO ADOPT, DOUG LINDENFELSER
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
2.2. BOARD OF REVIEW - MAY 9,1994:
MOTION BY DOUG LINDENFELSER TO ADOPT, LARRY FOURNIER
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
2.3. TAXING DISTRICT, OTSEGO CREEK WATERSHED - APRIL 26, 1994:
PG 6 - COMMENT ON COSTS 1987 (SHOULD BE 1947). FLOYD RODEN PG 6.
SAID LARRY FOURNIER.
LARRY FOURNIER MOTIONED ADOPTION WITH CHANGES. DOUG
LINDENFELSER SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY.
2.4. EMERGENCY COUNCIL MEETING - MAY 2,1994:
DOUG LINDENFELSER MOTIONED TO APPROVE. RON BLACK
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
REGULAR SESSION CITY COUNCIL MINUTES OF MAY 23, 1994
Page 2
2.5. SPECIAL COUNCIL WORKSHOP MEETING - MAY 12,1994:
DOUG LINDENFELSER MOTIONED TO APPROVE. FLOYD RODEN
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
COUNCIL MEETING OF MAY 9, 1994 REG COUNCIL:
PG. 2 - SHOULD SAY CITY ATTY. AND CITY ENGR. PG. 10 - MN/RD.
WRIGHT CO. NOT STERNS CO. LARRY K. SAID WAYNE FINGALSON
REPS WRIGHT CO AND STERNS CO ENGR, REPS. CITIZENS COMM FOR
TRANS STUDIES PG. 12 BOTTOM DIST 728 PARKS AND RECS. AND
PARKS AND RECS SHOULD BE CHANGED. ( TURNED AROUND).
MAY 9, 1994 COUNCIL MEETING MINUTES, LARRY F. MOTIONED
ADOPTION W/CORRECTIONS. DOUG LINDENFELSER SECONDED THE
MOTION. MOTION CARRIED UNANIMOUSLY.
3. JIM LE FEBVRE - Discussion of water problems:
Jim LeFebvre appeared before the Council and said the water is notgoing down.
There is water by the end of a neighbors shed. He still has 15 to 20 acres under
water.
Larry is meeting with the DNR this week on Thursday. Norm Freske said we just
got the photos of the area today. Larry Koshak explained further. By July 1, 1994
we should have more information (topos). That should help us determine some
solution. We talked to the DNR and Thursday we can look at it again. Jim
LeFebvre said it doesn't mean a lot to him. The water comes hi from the lake,
because there is no outlet. We have a tiling system that is apparently failing. A lady
called last week. When they built that road I told them to be careful, because the
tile is shallow. Do you have any kind of solution? Larry said we would have to find
out what level you water is now. The DNR has set the Ordinary high water level
and we can drain that excess. We have to get the DNR's OK and have their input
and determination as to what would be allowed. The solution would have to be
brought before the council. Jim LeFebvre will make a point to be home on
Thursday. Larry K said they will be making some quick trips.
Mr Fournier asked Jim L. if he would be checking his tiles. Jim asked if there would
be any help available from the City. Jim said the tile drains the field. The Last few
years it has not been able to do that with the heavy rains. It seems the water comes
off that area much faster.
REGULAR SESSION CITY COUNCIL MINUTES OF MAY 23, 1994
Page 3
The tile line goes under Packard, in answer to Doug Lindenfelser's question. Jim
appreciated the council's time he said. If he doesn't hear from Larry Koshak by the
middle of July he would call.
4. DAN GREENE - (Andy MacArthur) Consideration and discussion of Liquor
Liability
Re• City Hall:
Mr Greene appeared before the Council. Dan said one of the conditions of the hall
rental was if anyone had alcoholic beverages and was serving them they would have
to have insurance (dram shop). The homeowners have insurance to cover their
liability. The problem is when people come in and have a fund raiser they are
required to have Liquor Legal Liability Insurance. In our Ordinance they request a
limit of $1.5 million policy. Dan brought a list of information. The State said they
will provide a one day dram shop liability coverage. (see attached sheet) The
charge runs from $100.00 to $400.00 per event. For people that are not charging for
drinks there is not a problem. He explained further. If you make any charge to the
person, part of the fee is for liquor. We are looking at reducing the amount from 1.5
million. $1,600.00 is the amount for $1.5 million dollar coverage.
Norman F Freske said the Lions Club has a policy that covers them for a lot less
than that. Dan Greene said the Lions Club amount is very reasonable. Andy
MacArthur explained that if you make a sale, that is where you need to have this
insurance. To get what is on the sheet that Mr Greene brought, we have to amend
the Ordinance to reduce the price of the temporary license amount of $1.5 million.
Andy recommends the highest amount possible, but Council has to weigh that if you
want people to rent the hall. Norm Freske asked Mr Greene if he had talked to
other Cities? Mr Greene said you are closing down your hall to fund raisers for this
amount of limits. You seem to have a good control on it. The officer can be
instructed not to let drinks go out the door. If it does and there is an accident they
will have a lawsuit. Larry F asked how many events would this effect? Norman
Freske said the Lions, K.C.'s and Jaycees might be covered. Judy Hudson was
asked if that was a problem. Judy said we do get inquiries. Larry F asked what
percentage of the calls would fall into that category? 1% was answered. Mayor
Freske - Asked what was the wish of the Council? Andy said 500/500/100 would be
the minimum, which is $400.00 Dan Greene said we can't get over $500,000.00.
Larry F. suggested we leave it as is now and get a track record. The main clubs in
Otsego are covered. Doug Lindenfesler said a minimum fee that other clubs have
and they pass the hat and roll in the barrel, what is the problem? Andy said it is
OK until they get caught. Ron said there wasn't a rural firehall in Mn. where they
didn't have beer in the refrigerator. They have cut that out. Dan said there is not
much forgiveness for the excess of alcohol. You will be just eliminating the fund-
raisers. Homeowners Ins. takes care of it. Doug asked If you get sued, do they go
for what you are insured for or can they go beyond that?
REGULAR SESSION CITY COUNCIL MINUTES OF MAY 23,1994
Page 4
Andy said yes they can and will. Dan Greene talked about the Elk River liquor
store. A fund-raiser is a concern.Norm Freske agreed with Larry F. He asked Judy
Hudson to keep track of the no. of requests.
5. OPEN FORUM:
Mr Fabian Sadowski asked if they heard anything since last meeting? Mayor
Freske said we got the Photography Maps today. July we should have the topo
maps. Fabian said it does not solve his situation now. Larry Koshak said they
called DNR and the earliest date would be Thursday of this week for a meeting. He
has 2 hours for Otsego with three different places to go. Fabian asked the City
Council to come out and look at it.
LOAM Mr Lais will be here on Thurs. At 1 PM he has another meeting. They can
stop at the farm. He said he is not sure it is not septic systems. It keeps growing
every year. I have 35 acres on the back field and I am lucky if I got 15 acres in this
year. I am loosing 8 to 10 acres on John LeFebvres also. Fabian said he needs some
answers. This development has done this.
Larry K said he prefers to meet each resident at their property. They will stop out
at Fabian's. We are meeting with the Hydrologist, not the fish and wildlife people.
Larry Fournier asked what other places are you checking on. Larry Koshak said
LuConics pond, Fabian Sadowski and Jim LeFebvres.
Larry Fournier asked who is responsible for that ditch? Larry K said it is a private
ditch now.
6. HALLS POND WATERSHED AREA Residents Petition (Set Date for
Informational Meeting):
Mayor Freske brought up John Harwood's memo. He said we got the Photograph
Maps today. We need to set up an informational meeting.
Andy MacArthur said he looked over the petition. It is not sufficient as it does not
describe the area. You need to be cautions, because if we are to go ahead and assess
some properties, they can go back to the petition and say it is not valid. We need to
meet with the people to get a clear understanding and tell them there is a possibility
of assessment here and possibly get waivers.
Larry K. said we first define the area and invite everyone in that area to a public
meeting.
MacArthur said we have to see if they agree and have a defined project before we
can assess.
Mayor Freske asked if we will have the mapping by July?
REGULAR SESSION CITY COUNCIL MINUTES OF MAY 23, 1994
Page 5
Larry Koshak said the schedule is as follows:
May 18-27 horizontal control
May 27 -June 1- complete office computations
June 1- July 1 Markhurd will prepare maps.
July 1 - Product is to be delivered.
July 4 or 5th - set up basic storm water study data. (We need time to review
and prepare a preliminary report on the Halls watershed).
Based on that, an informational meeting should be held on July 25th or so. We
could define the watershed area and ownership and be able to give the people
general information on cost and solutions and find out if that is what the people had
in mind. Council could gather enough information to proceed on petition, or on a
4/5 vote. Mayor Freske asked if we should look into a temporary fix? Larry K
said we will prepare preliminary costs, without a lot of detail. We can look at some
alternatives.
What we can do with overflow from LuConic's pond is a key issue.
Mayor Freske asked how do you determine who is involved? By the second meeting
in July we would come in with a map.
RON BLACK MOTIONED TO TENTATIVELY SET AN INFORMATION
MEETING WITH THE RESIDENTS OF HALLS WATERSHED ON JULY
26TH, 1994 AT 7:30PM. LARRY F. SECONDED THE MOTION. MOTION
CARRIED UNANIMOUSLY.
The Council asked if the DNR Rep. could be at that meeting? Larry said he would
try to get him here.
Andy MacArthur said there is a Court of Appeals decision where the City of
Shorewood had to pay some money on a watershed that spilled over.
Steve Wiltermuth asked about the aerial photographs. Larry said they are 1/4 mile
west of Nashua. He said he is concerned about that. He asked Andy about the
petition not being sufficient. On May 2nd, we talked about getting a petition. He
read from the minutes the percentage of the neighborhood. He felt he is within the
35%. Larry K said you may be legitimate, but we have to determine the boundary.
Andy said the City has to determine if it is a legal petition. It has no boundaries on
the petition. The City has to follow the regulations step by step. Mr Wiltermuth
said if 4/5 of the Council says lets move we could go.
Rod Bangston who lives on 89th St said he has concerns because he was led to
believe the petitions had nothing to do with assessments. Andy MacArthur said
determining if the petition is legal is the first step. He talked about it leading to a
possible assessment if it goes forward. Mr. Bangston asked how people will be
notified. There will be notices mailed, said the Council.
REGULAR SESSION CITY COUNCIL MINUTES OF MAY 23, 1994
Page 6
Ron Black said Co ditch #33 update from time to time would be helpful:
It is very similar. It is a nightmare. More discussion was had.
7. PERSONNEL POLICY Discussion and Review:
Andy MacArthur said he added some items (See sheet from Judy) Otherwise some
typos were found and changed.
This will be June 13, 1994 at 6:30PM is the final approval
LARRY F. MOTIONED TO INCORPORATE THE CITY ATTORNEYS
RECOMENDATIONS TO THE PERSONNEL POLICY, RON SECONDED THE
MOTION CARRIED UNANIMOUSLY.
8. CONSIDERATION OF OTSEGO CREEK WATERSHED TAXING
DISTRICT:
Andy said we have the basic Ordinance. You need to establish boundaries and
consider the district. Larry K said we haven't had any meetings with people to
question the boundaries. Andy said the boundary could be changed by an
Ordinance amendment. Floyd asked if we should just wait to set up the district.
Norm asked if the Otsego Creek authority is having a meeting soon? Floyd said It
was the second week in June. Ron asked if we should establish the district to see if
there is some incentive to opt. in or out. People generally had the opinion it was
time to have something happen. Doug said the concern is the assessment amount.
Will this determine that? Andy MacArthur said no it would not, it would just set
the district. Larry K said we should have some legitimate procedure how to amend
the Ordinance. Norm said some people want to drop out of it, but we have to have
them in some watershed. A public Hearing would be the forum for any costs and
assessments. Amendments and the project could probably be incorporated at the
same time said Andy. Larry F asked if it is easier to establish the boundaries with a
project? Andy said you are moving ahead by establishing a district.
LARRY F MOTIONED TO ESTABLISH THE OTSEGO CREEK TAXING
DISTRICT. RON BLACK SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY.
Larry K talked about an established policy to set the district. Right now walking
the area is the way. To not be in the district people would need to send a letter
addressed to the Council. Andy said this is just a bare outline now. It can be
amended. Larry F said once people understand they will be in a watershed, they
will understand everyone has a watershed.
Floyd Roden said he agrees, but maybe we should look at it first. Ron said a map
gives people someway to decide if it is fair or not. More discussion was had about a
place to start.
REGULAR SESSION CITY COUNCIL MINUTES OF MAY 23,1994
Page 7
9. DAVE LICHT, NAC:
Bob Kirmis was present
9.1. Consider one per 40 transfer for Don Greninger
Bob Kirmis explained. Request CUP for 1 per 40 transfer of development rights
from land located S of 39 to a 90 acre tract located S. He referred to the map. This
would allow them to construct a single family dwelling. This is allowed as follows:
He noted that The Otsego City Ordinance allows density transfers from 40 Acres if
not a 1/4-1/4 section. P.C. and NAC has recommended.
Bob Read from the findings of Fact:
1- 6 (See NAC Report)
Doug questioned the location between Jaber and Kadler is not right. Kirmis said it
is incorrect. The correct streets are Kadler and LaBeaux.
RON BLACK MOTIONED, FLOYD RODEN SECONDED, TO APPROVE
ADOPTION OF PC REC. ON MR DON GRENINGER. MOTIONED CARRIED
UNANIMOUSLY.
9.2. Any other Planning Business:
Larry F. referred to 12.3 on Agenda Workshop meeting to be set with City Planner
and the Council. Items were planning issues, 3RD IND SITE, #2 Discuss ways to
help PC function more efficiently, and discuss the Adm. Intern for EDAAC.
LARRY F MOTIONED. RON B SECONDED. WORKSHOP TUESDAY, JUNE 7,
1994 AT 7:30 W/PLANNER MOTION CA RR/ED UNANIMOUSLY.
MOTION CARRIED UNANIMOUSLY.
10. ANDY MAC ARTHUR:
Andy MacArthur appeared before the Council
10.1. See #4, 6, 7 & 8 above:
10.2: Any other Legal Business:
Andy brought up that Darkenwalds Attorneys want to set up a meeting
RON BLACK MOTIONED. LARRY F SECONDED. TO HAVE ANDY AND
LARRY K. MEET WITH DARKENWALDS ATTORNEY. MOTION CARRIED
UNANIMOUSLY.
REGULAR SESSION CITY COUNCIL MINUTES OF MAY 23, 1994
Page 8
Ordinance VIOLATION by Carl Swenson. Since a City Official is involved, the
problem of offering an out in the initial phases is a problem. Doing it up front,
sending the regular notification should be reconsidered. Ordinary enforcement
should be followed. Larry F said he had some discussion with Carl on that.
Ron Black said it should be handled through the regular channels.
Andy said follow the notification and come to the City. Anybody can come before
the Council and say you are wrong. I think you should notify him. Andy said send
out the regular notification that he is in violation and he would come before the
Council as any other person.
Carl Swenson asked to make a comment.
The question has been raised whether we have an illegal unit. When I purchased
the farm in 1968 the unit we are talking about was occupied by renters. It had been
established prior to my purchasing it. I would like to read a short section from the
Co Zoning Ord. Sec 405.1 Nonconforming Biuldings and Uses. A reasonable period
should be 40 years etc. Carl read Jan 1, 1973 by Ordinance this was a legal non-
conforming use. Carl Swenson called Tom Salkowski. He is familiar with this unit.
He has known about this for many years. He believes this is not an illegal unit. The
Ordinance establishes that and also establishes a Sunset Clause.
Andy said Carl should provide whatever information he has to present. Afterwards
we are bound to notify him and proceed from there.
11. LARRY KOSHAK:
Larry Koshak appeared before the Council
11.1. WETLANDS ORDINANCE:
a. Resolution to pass the Ordinance and approve the summary for PUD
Kevin Kielb was present. Larry Fournier said if passed he recommended that we
do a training session for the Staff. Larry Koshak said it is organized to follow the
procedure.
RON BLACK MOTIONED ADOPTION OF 94-6 WETLANDS ORDINANCE.
DOUG SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
Ron said it is his understanding we don't have a choice if we want to be the LGU
b. Resolution to appoint a Technical Committee:
RON BLACK MOTION, LARRY F SECONDED TO APPOINT A TECHNICAL
EVALUATION PANEL. MOTION CARRIED UNANIMOUSLY.
Larry K explained what the Technical Board is and who it is.
REGULAR SESSION CITY COUNCIL MINUTES OF MAY 23, 1994
Page 9
RON MOTIONED TO ADOPT 94-6 SUMMARY ORDINANCE FOR
WETLANDS, FLOYD RODEN SECONDED. MOTION CARRIED
UNANIMOUSLY.
WORKSHOP WITH STAFF? COUNCIL WOULD LIKE TO BE INFORMED
AND IT SHOULD BE POSTED.
11.2. ODEAN AVENUE AND CO RD #37 INTERSECTION PROJECT:
a. Present proposed right-of-way acquisition and damage payment to
landowners:
Larry Koshak has preliminary approval from all these property owners and before
he proceeds he wants the Council to approve.
Larry F. said some have damages and some don't. He explained. Easements are
value of land and damages are the damages to the property or house, etc. because of
the Road. Mr Cullinan, for instance, we have to move his garage. An appraiser
goes out.
Floyd thought there was lot line problems. Mr Kolles agreed to sell some property
to Mr Cullinan and Mr Kolles will get the property back. The City will have to
make the legal documents to transfer that property. Floyd said Jerome Kolles is
taking the money for the silo instead of moving it. Larry K That is correct said
Larry K.
FLOYD RODEN MOTIONED DOUG L. SECONDED TO APPROVE THE
NUMBERS FOR ODEAN AN D CO. Rd. 37 INTERSECTION. MOTION
CARRIED UNANIMOUSLY.
Mayor Freske asked if that stays within the budget? Larry K said it still has to be
run through the Co. There is a possibility the project could be a hold -over.
b. Order Plans and Specs:
FLOYD RODEN MOTIONED TO ORDER PLANS AND SPECS FOR ODEAN &
37 PROJECT. RON BLACKSECONDEDTHE MOTION, MOTION CARRIED
UNANIMOUSLY.
c. Approve Appraisers Invoice:
Mr Ellis, Appraiser had a $524.72 Invoice
LARRY FOURNIER MOTIONED, FLOYD RODEN SECONDED TO APPROVE
APPRAISERS BILL (Mr. Ellis) FOR $524.72. MOTION CARRIED
UNANIMOUSLY.
11.3. TRANSPORTATION CONCEPT PLAN FOR PLANNING DISTRICT #4
(Commercial Area):
REGULAR SESSION CITY COUNCIL MINUTES OF MAY 23, 1994
Page 10
Bob Kirmis said the plan can be a Resolution or an Amendment to the Comp Plan
which requires a public hearing. It may be appropriate to run it by the PC. The
Council agreed.
LARRY FOURNIER MOTIONED TO SEND THE TRANSPORTATION
CONCEPT PLANNING DIST # 4 TO THE PLANNING COMMISSION FOR
COMP PLAN AMENDMENT, DOUG LINDENFELSER SECONDED, MOTION
CARRIED UNANIMOUSLY.
Larry K said the plat that will be finally approved will follow this plat. The road
will not be part of that plat.
Bob Kirmis said we technically can't accept any application for development in the
Lafebvre watershed district.
More discussion was had on this.
Larry F asked if we adopt this as a comp plan amendment will it have to be
amended every time we change it? Bob Kirmis said as long as it is generally
followed it should be OK. It could change some of the internal roads.
Ron said it is a concept plan and an internal road or road with limited access is
allowed.
11.4. ACCESS ROAD 62ND STREET TO FRANKFORT TWP FORMAL
RESOLUTION TO APPROVE MN/DOT TO PROCEED:
Larry K explained that a Resolution to go ahead is needed from the City Council.
Larry K had prepared a Resolution.
RON BLACK MOTIONED TO ADOPT THE RESOLUTION THAT THE CITY
OF OTSEGO CONCURS W/THE RESOLUTION #94-80 (101 ACCESS RD.)
DOUG L. SECONDED THE MOTION, MOTION CARRIED UNANIMOUSLY.
11.5. ANY OTHER ENGINEERING BUSINESS:
Larry K met with Dr Flannery. He said the outlay of expenditure for the well, to
expedite it, we looked at the cost on a 30 yr. basis. The original price included
borrowed money and included interest. We came down to them paying the cost up
front. $35,000.00 and city will charge $1.35 per thousand for the water they use.
That is fairly close to the charges at the school they have now.
Mayor Freske explained that the City is taking I acre of land from the school for the
well with a perpetual easement. Larry K explained further about REC and REC
Units. If we follow E.R. method it would be $38,000.00. The extra would be the
easement for the well, perpetual. Amt. to be bonded for the project is $165,000.00
bonded for, said Mr Koshak. He said we prepared a $153,000.00.10 yr pay off
would be $15,325.00 interest. 15 years $10,215.67 pay off. This would be a different
amount, but in that ball -park. Cost included overhead and a 10% contingency.
REGULAR SESSION CITY COUNCIL MINUTES OF MAY 23,1994
PAGE 11
Larry F asked if average monthly usage would change? Larry K said yes it would.
He explained. It should be able to operate on that amount. More discussion was
had. The schools capacity could be 700 capacity could go up.
Larry K explained the 90,000 was just an average amount.
Larry F. said he had been approached by residents who said the well would cost
$100.00 a year on their taxes. Larry said this is a revenue bond and will pay for
itself. He explained the debt retirement. He explained further the pump house, etc.
Ron Black asked how many PID Nos. there are in Otsego? 2,100? It's well over
that was answered.
Larry Koshak said he feels he can take this to the School Board.
THE OTSEGO SCHOOL:
LARRY FOURNIER MOTIONED TO TAKE THIS WELL INFORMATION TO
THE SCHOOL BOARD, RON BLACK SECONDED THE MOTION, MOTION
CARRIED UNANIMOUSLY.
Larry K said they will meet With Darkenwalds on the sewer item and will report to
the School Board.
At 10 AM tomorrow (May 26th) Larry will meet with Mn/Dot.
He talked about other meetings with the DNR.
Tom Salkowski called Elaine today about the treatment plant in Elk River. There is.
an Environmental Assessment Worksheet (EAW) out for the treatment plant in Elk
River. The City of Otsego was not on the list, but now we will be able to comment
because we've been added to the list.
The State is installing interrupters on the Co.39 and Hwy 101 signals. Larry K got a
call from the vendor asking who had the boxes? Larry K told him of the Council's
decision. $1,500. ea. is the cost possibly the Lions or other clubs could supply.
Larry K is looking for approval for a meeting on MSA in St cloud.
RON BLACK MOTIONED, LARRY F SECONDED TO HAVE LARRY
KOSHAK ATTEND THE MSA MEETING IN ST CLOUD. MOTION CARRIED
UNANIMOUSLY.
DOUG LINDENFELSER asked about Jalgar and Kadler as A PROJECT FOR
THE FIN/RD PROJECT. Larry said 70th to 80th was where they were looking.
REGULAR SESSION CITY COUNCIL MINUTES MAY 23, 1994
Page 12
DOUG LINDENFELSER said there is a contractor that would like to complete and
possibly do a stretch of road with his mix.
LARRY F said he had requested some information from Andy on 12.1 mayors term.
Andy said the only way a Council person can be removed is conviction of a crime
(felony) or violation of oath or Open Meeting Law.
Doug Lindenfelser felt we should leave it the same as it is now.
Norman Freske said every 2 years is tough. The Regular Council is 4 year term.
Ron Black said Elk River is having a Hearing on this issue tonight and I would like
to defer this until we get information from them. More discussion was had.
Larry F said we have to adopt this by June 31st. We all have 4 yr terms and one of
the Council Members could be as obnoxious as a Mayor.
RON BLACK MOTIONED TO TABLE THIS CHANGE IN THE MAYORAL
TERM UNTIL NEXT MEETING. FLOYD RODEN SECONDED THE MOTION,
MOTION CARRIED UNANIMOUSLY.
Elaine will contact Elk River for the information of there Council Meeting.
Ron said the existing Town Board was elected to the Council and all of you have a
lot of experience. It takes time to find out what is going on. It is a 2 yr cycle. By
the time a person learns it, they are gone or have to run again. Doug felt he likes the
option.
(a 5 min. break was taken.)
(from 12.1 under Council Items)
Meeting called Back to order at 10 PM
COUNCIL ITEMS TO CONSIDER:
12.1. CONSIDER CHANGING MAYOR'S TERM FROM 2 YEARS TO 4
YEARS:
THIS WILL BE TABLED UNTIL NEXT COUNCIL MEETING 6/13/94
12.2. CONSIDER ELK RIVER FIRE CONTRACT:
WE GOT A REFUND LAST YEAR. Doug asked about the per unit assessment.
The information was given to the Council.
DOUG LINDENFELSER MOTIONED, TO ACCEPT THE ELK RIVER FIRE
CONTRACT. RON BLACK SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY.
12.3. CONSIDER SETTING TIME AND DATE FOR COUNCIL WORKSHOP:
SEE ABOVE
REGULAR SESSION CITY COUNCIL MINUTES OF MAY 23, 1994
Page 13
12.4. UPDATE ON BOARDS AND COMMISSIONS:
a. EDAAC:
Larry F said they have not met. They will meet the first Monday in June.
b. PC:
Ron Black said the PC met and we adopted the latest recommendation and we will
have some hearings coming up.
c. PARK AND RECS.:
Floyd Roden said a Park and Rec. Hearing Date was set for that grant. We want a
lot of information from the public. Floyd explained the Hearing further. June 14,
1994 at 7:30 is the date. They want to get the Lions and Jaycees there. Bike rodeo
30 people showed up. It was a considered a success.
1. SPRINKLER REPAIR:
2. ICE RINK RESTORATION:
d. Dist. #728 PARK & RECS. BD:
Ron said they met on Monday. They have a new Rep from Hassen Twp and it is a
possibility Frankfort Twp will be joining. They have expressed an interest. Ron
was elected Chair of Rec Bd.
e. PUBLIC WORKS:
The new truck is leaking through the radio, Dave Chase explained. The Ford Co
will send the Truck to J -Craft to get the rest of the equipment.
They approved 1,000 extra tons of gravel for shouldering for Kadier and 85TH and
80TH. Dave will wait on the prices on a pressure washer. They approved the water
heater. It is up to Dave Chase when they want to go ahead with it. 60TH St Was
done and 1/2 the bill will be paid by Frankfort Twp.
f. OTSEGO CREEK AUTHORITY:
No meeting date has been set. Nest week possibly.
g. ADMINISTRATIVE SUB -COMMITTEE:
Larry F said the Accounting system was discussed. Judy has been entering
information. Jean Nichols helped with information and reports. We discussed
Jerry Perraults job. We talked about a timeline for Staff reports and matching with
the jobs. We will have a meeting before the next Council Meeting to try to put this
information together. We discussed minute taking. No solution was reached.
12.5. PAY ANY BILLS ( CLAIM # _535 THRU #_585 )
REGULAR SESSION CITY COUNCIL MINUTES OF MAY 23, 1994
Page 14
1-
12.6. ANY OTHER COUNCIL BUSINESS:
A. DISCUSS TORNADO WARNING SYSTEM (See Ron's Info.)
Ron made a report. He said basically the Sheriffs office wants to be kept abreast
of what is going on. Sgt. Helgeson had 3 recommendations. He gave a number of
the fellow that sells the units. (see Ron's letter.) 85TH and Co.42 is where the siren
would be located.
The cost would be $11,507.00. A pole and installation would be added. Ron wanted
to know if the Council would like to have this pursued further.
The other three sirens in the City are paid for by NSP. They are by the nuclear
plant. Sgt. Helgeson will activate them for nuclear disaster, straight line winds and
tornado.
Doug asked if NSP would install another one because of the population we have.
Ron will check with NSP on that. Ron would like to have Mr Thompson come out
and look at the lay of the land and see if what he is suggesting would work.
Next year we would have the information to possibly put it in the budget.
Ron had a picture of what they are suggesting.
CLEAN UP DAY:
Judy handed out reports. It cost the City $6,734.49.
Don Meinhardt - Bulletin Board for City Hall.
Ron said the Building sub -Committee should look at this and recommend.
OTSEGO VIEW - Jacquie Rognli
Hunting Regulations to be put in Newsletter
It should be put in August- September issue.
Norman F Freske brought up the meetings:
MN pollution control Meeting June 8, 1994 Hilton Towers 7:30-4:30PM
Legislature review session
League of Cities Annual meeting - Minnegasco will pay $50.00 per registration.
Elaine Beatty brought up Richard Kincanon Pond.
Floyd Roden brought up Parks and Recs. trails going through the woods to the City
Park. They want to know if the road comes out of City funds. Yes, it is City
property.
REGULAR SESSION CITY COUNCIL MINUTES OF MAY 23,1994
Page 15
DOUG said he was approached and asked if we considered holding some property
at the New City Hall site for public works if ever they would move. We should keep
this in mind.
Larry Fournier brought up the following for the Council Sub -Committee:
1. He set up a meeting with David Minge's Rep. Tuesday May 31,1994
4:30 PM for post office discussion.
2. Our sprinkler system needs some maintenance and I was wondering how
to pay for it. The repair person was out, there is leakage. They have to
check all 17 zones to find out where the leakage is. We should get an
estimate on this.
Norm Freske brought up the letter from Pat Sawatzke on the Levee.
12.7. ADJOURN BY 11 PM:
DOUG MOTIONED, FLOYD SECONDED TO ADJOURN MOTION CARRIED
UNANIMOUSLY.
NORIGFAN F FRESKE, MAYOR DOUG NDENFELSER, COUNCIL
FLOYD4 SEN. COUNCIL
LARRY FOURNIER, COUNCIL
RO BLAC . COUNCIL
ATTEST:
EL • INE BEATTY, DEPUTY C
ZONING ADMINISTRATOR
CITY SEAL)
Personnel Policy items
Page 6 # 7 of May 23, 1994 Minutes
Andy's recommendations:
Section 1-1 added " national origin, sex, status with regard to public assistance, or
disability" (Page 1)
Section 1-5-3 added "Any individuals receiving wages and benefits from the City pursuant
to a Joint Powers Agreement between the City and any other political subdivision are not
within the scope of this personnel policy, but are, rather, subject to those policies of the
Joint Powers entity." (Page 2)