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10-10-1994 City Council MinutesFile #: CC9894.WPS CITY OF OTSEGO CITY COUNCIL MEETING OF THE CITY OF OTSEGO, COUNTY OF WRIGHT AND STATE OF MINNESOTA 10/10/94 AT 7:30PM REGULAR COUNCIL MEETING 10/10/94 - 7:30PM 1. MAYOR NORMAN F FRESKE WILL CALL MEETING TO ORDER: Mayor Norman F Freske called the meeting to order at 7:30PM. ROLL CALL: NORMAN F FRESKE, DOUG LINDENFELSER, FLOYD RODEN, LARRY FOURNIER AND RON BLACK, COUNCIL WERE PRESENT. Also present were Jerome Perrault, Clerk, Elaine Beatty, Deputy Clerk/Zoning Administrator, Judy Hudson, Secretary. The following Professional Staff Present were: Larry Koshak, Engineer, Bob Kirmis, Asst. Planner and Andy MacArthur, Attorney. 2. CONSIDER MINUTES: Minutes of the regular Council Meeting Minutes of September 26, 1994: RON BLACK MOTIONED. FLOYD RODEN SECONDED ADOPTION. MOTION CARRIED UNANIMOUSLY. 3. CONSIDER APPROVAL OF THE AGENDA: Mining Permit #7.1, Larry Fournier would like Larry Koshak to comment. 8.1, under other council business, discuss treasurers term. Council business, retirees, plaques, dinners, etc. Ron Black - Add: Council should act on Scavenger Hunt recommendation for the Parks Commission. LARRY FOURNIER MOTIONED APPROVAL OF AGENDA WITH ADDITIONS. RON BLACK SECONDED. MOTION CARRIED UNANIMOUSLY. 4. OPEN FORUM: Dick Melby, Otsego resident for 18 years. He came to discuss the Fire Arms Proposal Ordinance. Norman F Freske said we will discuss the proposal, but this is not a Hearing. 5. BOB KIRMIS, ASST. PLANNER: Bob Kirmis appeared before the Council 51 CONSIDER POSSIBLE AMENDMENT TO THE CITY SUBDIVISION ORDINANCE REGARDING SUBMISSION REQUD EVIENTS: Mr Kirmis explained the Subdivision Ordinance and Zoning Ordinance Submission Requirements. Originally the P.C. did not receive large scale plans. This was changed to require 18 large scale copies. Now it is being asked to be changed again. The key here is that the copies be legible. CITY OF OTSEGO COUNCIL MEETING MINUTES OF OCTOBER 10, 1994 PAGE 2 RON BLACK MOTIONED TO AMEND THE SUBDIVISION ORDINANCE AND ZONING ORDINANCE TO CHANGE SUBMISSION REQUIREMENTS. FLOYD RODEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Larry Fournier stated that is for sketch plans and preliminary plats. 5.2. DISCUSSION OF THE FIREARMS ORDINANCE: Bob Kirmis explained the summary. The Fire Arms Ordinance was put together by NAC, reviewed by the Attorney and the Wright Co. Sheriff. Council discussed this at a Workshop in April. The hunting regulations were published in the newsletter and that is what has been done to this point. No public Hearing has been directed. A potential citizens committee was discussed. Nothing has formally taken place. Doug Lindenfelser asked who determined the map that is with the ordinance? Bob said this is to determine where and where not hunting would be allowed. Larry Fournier agreed with Doug to support a citizens committee to look into this. Norman F Freske agreed because it worked well with the Snowmobile Ordinance. Ron Black asked is there a problem? He would just as soon do nothing until we have a problem. I'm not aware of any complaints here. Mr Melby said right before hunting he has a trap shoot. They have a party and the guys are senior citizens. I can't see a house. He felt he was a long way from anyone else. Norman F Freske reminded everyone that this is not a Hearing and we won't go into details tonight. Ron Black said he would like the Sheriffs Department to tell us whether or not we have any complaints on this. RON BLACK MOTIONED TO INQUIRE AT THE SHERIFFS OFFICE AND GET A COPY OF ANY COMPLAINTS WE HAVE RECEIVED OVER THE LAST TWO YEARS REGARDING HUNTING OR SHOOTING. LARRY FOURNIER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5 3 ANY OTHER PLANNING BUSINESS: NONE 6.ANDY MAC ARTHUR, CITY ATTORNEY: 6.1 8PM - SPECIAL ASSESSMENT POLICY: CITY OF OTSEGO COUNCIL MEETING MINUTES OF OCTOBER 10, 1994 PAGE 3 Hearing on the Special Assessment Policy: Since the workshop, changes have been made. There will have to be a determination as to where the residential and commercial areas will be. Currently, per unit is used, not frontage to determine the Assessment. We are hoping to have a map of the City with what portions will currently be per unit and what sections will be frontage. The Policy is both residential and commercial. The developer will pay 100% for all streets. If they are MSA they will pay for a typical street section and the remainder will be paid by the City. Sr. Citizen Hardship is taken out of the ordinance. Without it, there will be no deferments. Mayor Freske said this is a Public Hearing, and asked for any comments. Doug Lindenfelser - Do I understandsaid, you said no deferments, hardships or green acres, etc.? Andy MacArthur said Green Acres is from the County. This is in the State Statutes, but in order for the City to grant it, it has to be included. If you want deferment, I am not recommending passage tohight. Ron Black said we want deferments. Andy MacArthur said it has to be in the Ordinance then. He does not have this in final form right now. Ron Black asked if the ordinance as it is written, has the option to pay the assessment over a period of time? LARRY FOURNIER MOTIONED TO CONTINUE THE HEARING TO OUR NEXT COUNCIL MEETING OF OCTOBER 24, 1994. RON BLACK SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6.2. RECONSIDER CHRIST LUTHERAN CHURCH VARIANCE MOTION OF 9/12/94: Andy brought up the Motion on 9/12/94, regarding the variance for Christ Lutheran Church. There was no motion to approve or disapprove. There is a 30 day appeal and he asks that someone make the motion. The P.C. Voted to Deny the Variance. RON BLACK MOTIONED TO RECONSIDER THE CHRIST LUTHERAN CHURCH VARIANCE MOTION OF SEPTEMBER 12, 1994. FLOYD RODEN SECONDED. MOTION CARRIED UNANIMOUSLY. LARRY FOURNIER MOTIONED TO DENY CHRIST LUTHERAN CHURCH VARIANCE AS PER P.C. RECOMMENDATION. RON BLACK SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 1► 1 II ';1 Andy MacArthur explained the LEAP information from Dave Fricke. He contacted the University. This is a pilot program and they are looking for a inter -jurisdictional problem, specifically like the wastewater treatment plan with Dayton and Frankfort. CITY OF OTSEGO COUNCIL MEETING MINUTES OF OCTOBER 10, 1994 PAGE 4 They offer the services of the U of M and the Humphry Institute. They have extended the date. Mr Fricke is the collaborator and he thought that Otsego would stand a good chance for the program. Norman F Freske asked if there is a time frame? Andy MacArthur said there is no specific time frame, but they would like this be a pilot project and come up with a tool that can be shipped out to other places. They have extensive knowledge of the financing sources. Larry Fournier asked if this financing would be for certain types of projects? Andy MacArthur said they would give us the services of the Univercity of Minnesota and the Humphry Institute. RON BLACK MOTIONED TO APPLY TO BE INVOLVED IN THIS LEAP PROJECT, SPECIFICALLY WITH THE PURPOSE OR PROJECT IN MIND OF THE JOINT SEWER AND WATER PROJECT WITH FRANKFORT AND DAYTON. LARRY FOURNIER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Floyd Roden asked who would do the application? Andy MacArthur said the City or Larry Koshak. Larry should have some input. Ron Black agreed that Larry Koshak, Andy MacArthur and Elaine Beatty work together on the application. 6.4. ANY OTHER LEGAL BUSINESS: None 7. LARRY KOSHAK, CITY ENGINEER: Larry Koshak appreared before the Council. u I► ► ' t II 1 • 1►r':LI ►UI►: 1►1 14 IL b. PERMIT #3 - LARSON/DAUPHINAIS: Larry Koshak explained the permit. The proposed permit was before the P.C. The recommendation of the P.C. was based on foregoing decisions that the applicant is approved in its present form and subject to the following conditions: see attached: Norman F Freske said it was a Public Hearing at the P.C. October 5, 1994. Ed Dauphinais said he wished Larry Koshak would have given him these things. Larry Koshak said the P.C. recommended approval, if the letter of credit is brought in. The P.C. voted to have Permit #3 terminated, action taken and a Hearing would be held on the termination. Applicants would have a chance to express their information to the Council. Ed Dauphinais said it seems a lot of things have been added. They have site restoration for $25,000.00. CITY OF OTSEGO COUNCIL MEETING MINUTES OF OCTOBER 10,1994 PAGE 5 We are looking at $6,000.00 to restore 5 acres and 300,000 yards at 5 cents a yard is $15,000.00. Norman F Freske asked Larry for his opinion. Larry Koshak said the amounts for the letter of credit are certain. The City would have to initiate the restoration and go through the process. Quotes, plans, etc., to close the permit and hire someone to administer the contract. That is why the higher numbers. It is the same with street restoration, The 5 cent fee is per yardage removed. What we have is the $60,000.00 letter of credit from R.L. Larson. The amount should not be lowered because we are talking about each phase. Ron Black questioned the intent on Permit #3, negations on right-of-way for the future Quaday Avenue. It was my understanding it would be mutually agreeable with the City and the Owner and that at the time the road was needed there would be further negotiations. Larry Koshak explained (Page 3) grades determined and right-of-way prepared for that road. At the P.C. Mr Dauphinais noted that he was advised this would be a separate issue Mr Dauphinais said he would not have a problem with negotiating the road. Ron Black said on Page 2, Item 5, the P.C. is not interested in any agreement with R.L. Larson Excavating. Permit #3 needs to be satisfied. If it can not be agreed, we tap into the letter of credit. The commission was real emphatic on that. Doug Moen of R.L. Larson Excavating, stated the letter of credit expires November 16, 1994. The Permit is reviewed annually. You are saying you are terminating our permit and you want a site survey to verify the amount taken. Larry said we will verify with the States count and Mr Dauphinais count, in lieu of cross-section. The haul road has tentatively been approved,so the Letter of credit for the haul road would be returned? Larry Koshak said he did not say that. Pay the City 5 cents a yard for material removed and close pit by date prescribed. You have to close four acres and leave five acres open for Ed Dauphinais to mine. It was not to be completed, our permit was good for April. We had the pit open for 11 Months. The letter of credit was for November 16th and each permit is reviewed annually. Doug Moen asked for a copy of the Permit #3? Larry Koshak said termination is due to failure to follow the requirements. Doug Moen said so by November 1st, you are telling us we have to have it closed or you will take our $30,000.00. RON BLACK MOTIONED APPROVAL OF MINING PERMIT # 4 AS PER P.C. RECOMMENDATION, WITH EXCEPTION THAT PG 5, Item D2, BE DELETED. FLOYD RODEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. FLOYD RODEN MOTIONED TO SET A HEARING FOR OCTOBER 24, 1994 ON MINING PERMIT #3 TERMINATION AT 8:30PM RON BLACK SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. CITY OF OTSEGO COUNCIL MEETING MINUTES OF OCTOBER 10, 1994 PAGE 6 Larry Fournier asked if the figures in the letter of credit are included Ron Black said it is his intent that those things can be adjusted as information is supplied. Larry Koshak said he can live with that. Norman F Freske agreed, if we can work something out. Kevin Kielb said the Mining Ordinance specifically says the City has the right to review the letter of credit from time to time to adjust it. Larry Fournier is not sure how the annual yardage fee was arrived at under the $3,000.00. Phase I mining operation was that amount. The total mining operation was 1.4 million yards of dirt we divided that by 3 X 5 cents and came up with $3,000.00. for the three phases. Ed said he would not get 300,000 yards out of 5 acres. Larry Koshak said it is based on three phases. We could prepare a letter of credit for each phase. Ed Dauphinais said let me change this to phase one. You can take the dirt off the center and pile it over to the other area. I am trying to work with the city. Doug Moen has a little over one acre open. It is not a big thing to have him come in and close it up. More discussion was had. If the engineer gets figures, it could lower the letter of credit. 7.2. IMPROVEMENT PROJECT 94-3 WELL AND APPURTENANCES• A ELECTRIC QUOTE: At the Councils direction they have received another quote. Kevin Kielb did the Work. We recommend awarding the bid to Custom Electric of Coon Rapids. FLOYD RODEN MOTION, DOUG LINDENFELSER SECONDED TO ACCEPT THE RESOLUTION FOR Custom Electric Corp. of Coon Rapids for $6,650.00 . MOTION CARRIED UNANIMOUSLY. B. ENTRANCE ISSUE: Larry Koshak explained there are two entrances on site at the school, a non-union and union entrance. The school district utilized the well entrance without asking. They are still using it and we told them they could if it did not cause us any problems. C. WELL STATUS: Larry said we are drawing some sand in the well. Redevelopment would add cost to the project. The Bond issue was $205,000.00. We have $15,000.00 left on the bond. In the next couple of weeks we will have to make a recommendation. The water is good and we were hoping to have more than 300,000 gals. It is a two set-up type of operation. 33 hours of test pumping. There was five parts or less of sand in the water. CITY OF OTSEGO COUNCIL MEETING MINUTES OF OCTOBER 10, 1994 PAGE 7 Andy MacArthur said the Bond was $210,000.00. Jerry Perrault verified. Kevin Kielb said one of the biggest problems was the green shale in the well. The proposal is to drop down a charge (dynamite) and that would eliminate the problem. Calculations between six and seven hundred could be achieved. Norman F Freske asked if the well company should have known this? Kevin and Larry said it is unknown. Doug Lindenfelser asked if we would dig a little deeper? Kevin Kielb said we can not go any deeper. It is usually cheaper while the contractor is on site. It may be well to check with another well company. R. L. Larson is waiting for the conclusion of this well so he can test his watermain this fall. If we extend his time, he may be in a position to ask for additional money on this. Doug Lindenfelser asked what Traut recommends. Larry Koshak said they recommend they go back in. Ron Black asked if they went back in would that hold up R.L. Larson? Larry Koshak said we could delete their pump from their bid and negotiate later on. Ron Black stated his preference is do it and get the job done, otherwise we have these expenses. Floyd Roden agreed with this and asked how many times have you seen this soil? Larry Koshak said they had one in Ramsey where the formation was too hard. In this particular case it is too soft and the water is there. These are things that do occur. It is better to do it right now then have to worry about the well at a later date. Larry Koshak will put together a change order. 7.3. 88TH ST (CSAH 42 EAST): A. NO PARKING RESOLUTION OF NORTH SIDE: Resolution authorizing the Mayor to sign the resolution for NO PARKING on 88th Street north side. MOTION BY RON BLACK, SECONDED BY FLOYD RODEN TO ACCEPT THE RESOLUTION AUTHORIZING THE MAYOR TO SIGN THE RESOLUTION NO PARKING ON 88TH ST N. SIDE. MOTION CARRIED UNANIMOUSLY. CITY OF OTSEGO COUNCIL MEETING MINUTES OF OCTOBER 10, 1994 PAGE 8 7.4. UPDATE ON MINNEAPOLIS STREET SWEEPING MATERIAL ISSUE: Larry Koshak explained, there has been a group at the PCA putting together the guidelines for street sweepings. It is basically OK as long as it is screened. We are suggesting that someplace we apply this to our ordinance that street sweepings are acceptable if screened and landfill the pollution like, glass, plastic, etc. Screening would be part of the permit requirement. RON BLACK MOTIONED TO HAVE THE CITY ATTORNEY AND CITY ENGINEER PREPARE AN ORDINANCE AMENDMENT TO PERMIT SCREENED STREET SWEEPINGS. DOUG LINDENFELSER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 7.5. FINNRA/JALGER AVE. UPDATE: Road work is postponed because of computer problems with the road machine. Dave Chase will find out in the morning if they are coming tomorrow. The machine came in Friday and work is being done to get it running. Ron Black asked to be notified. 7.6. TRANSPORTATION PLAN CONCEPT - AMENDMENT TO COMPREHENSIVE PLAN: We have presented two alternate plans for Industrial and Commercial portions of TH 101. The P.C. reviewed and we have noted. We recommend it be amended to the Comp. Plan and there should be a Hearing which would be held at the P.C. RON BLACK MOTIONED TO SET A HEARING TO AMEND OTSEGO'S COMP LAND USE PLAN, ESPECIALLY THE TRANSPORTATION PART OF IT ON NOVEMBER 2,1994. FLOYD RODEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 7.7. ANY OTHER ENGINEERING ISSUES: Larry Koshak recommended to accept Quaday and 72nd back from Mn/DOT. RON BLACK MOTIONED. LARRY FOURNIER SECONDED THE MOTION TO ACCEPT QUADAY & 72ND BACK FROM MN/DOT. MOTION CARRIED UNANIMOUSLY. Larry Koshak will not be here for the meeting of 10/24/94. John Harwood will have the information and can give you a synopsis of LeFebvres watershed areas. Ron Black asked John to present an overview of the watershed areas on October 24, 1994, then have a workshop later.(November 3, 1994 at 7:30 PM the same night as an engineering workshop.) 8. CITY COUNCIL ITEMS: CITY OF OTSEGO COUNCIL MEETING MINUTES OF OCTOBER 10, 1994 PAGE 9 8.1. CONSIDER JOINT POWERS AGREEMENT FOR #728 PARK AND RECS.: Ron Black said the Joint Powers Board has recommended a couple of modifications to the agreement. Paragraph 6, on liability provision, LMC Insurance people. It would allow the defendants on an injury and allow municipalities on the Joint Powers Board to be defended by the same attorney. The other change is on Paragraph 8, there is a signature page for each of the parties. It can complete the files. Those are the only changes to the agreement. RON BLACK MOTIONED TO EXECUTE THE JOINT POWERS AGREEMENT FOR 728 JOINT POWERS. LARRY FOURNIER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Andy MacArthur saw no problem with this. 8 2. CONSIDER_.ELECTION-IUDGE_RESOLUTION #94-100 FOR GENERAL ELECTION: LARRY FOURNIER MOTIONED ADOPTION OF RES. 94-100 APPOINTING ELECTION JUDGES FOR 1994 GENERAL ELECTION, SECONDED BY DOUG LINDENFELSER. MOTION CARRIED UNANIMOUSLY. 8.3. CONSIDER CONTRACT_ RESPONSE TO ABDO, ABDO & EICK, ACCOUNTANTS: Larry Fournier said the first time we had a three year contract. Lets try and get a three year agreement again. To be brought up at the next City Council Meeting on October 24, 1994. FLOYD RODEN MOTIONED TO TABLE ITEM 8.3 SECONDED BY RON BLACK , REQUESTING A 3 YEAR QUOTE FROM ABDO, ABDO & EICK. MOTION CARRIED UNANIMOUSLY. 8.4. REVIEW MINING PERMIT FEES: Larry Koshak explained that the Engineering fees have been around $1,200.00. The $750.00 fee at the present time is running short. We are recommending that be increased to $1,200.00. They have had a lot of problems getting the right drawings, etc. We have to keep going back. Doug Lindenfelser asked about the yards. Larry Koshak said the Mining Permit precludes people under 500 Cubic yards of dirt. Economically it does not work. Larry explained Mining Permit #1, #2 and #3. Larry Fournier asked if there is just as much work preparing the documents? Larry Koshak said pretty much. It is basically the permit process with at least two meetings with applicants. It would be fine to have $750.00 for everything under 500 cubic yards and everything over that go to $1,200.00. A sliding fee was discussed. LARRY FOURNIER MOTIONED TO CHANGE THE APPLICATION FEE FROM $750.00 TO $1,200.00. RON BLACK SECONDED THE MOTION. MOTION CARRIED FOUR TO ONE WITH MAYOR FRESKE VOTING NO, AS HE FELT IT SHOULD BE A SLIDING FEE. CITY OF OTSEGO COUNCIL MEETING MINUTES OF OCTOBER 10,1994 PAGE 10 Larry Koshak asked if the staff time should come out of the 5 cents for material mined. Doug Lindenfelser felt it shoud be figured in the $1,200.00. Ron Black said if the job is done right cost should not overrun. The applicant should pay. More discussion of items needed. Doug Lindenfelser asked about the price per yard for the city? There should be a set fee with no overrun. Larry Koshak gave an example of a Mining Permit and the time involved. Larry Fournier said if the costs go higher we can not charge anymore, so you and I as citizens pay it. Ron Black said one way to do it is application will not be accepted unless complete. RON BLACK MOTIONED TO RECOMMEND THAT ON ALL APPLICATIONS (PUT IN BIG LETTERS) THAT FAILURE OF THE APPLICANT TO PROVIDE ALL THE INFORMATION WILL GENERATE MORE COSTS. LARRY FOURNIER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Larry Koshak said the 5 cents a cubic yard should it be raised. Permit #2 is not active. Permit #1 some money was paid, Permit #3 shoulld be coming in. The value of the material that is being removed is 75 cents a yard or in some cases less. MOTIONED BY LARRY FOURNIER SECONDED BY RON BLACK TO HAVE THE APPLICANT PAY ANY OVERRUN AND NOT HAVE IT COME OUT OF THE FIVE CENTS. MOTION CARRIED UNANIMOUSLY. 8.5. BOARDS AND COMMISSIONS: A. EDAAC: Larry Fournier explained the intern and the hope of getting one on board this summer B. PC: Nothing to report said Ron C. PARKS AND RECS BD: Nothing to report - Parks and Recs going good. Larry Fournier brought up the sliding hill and the debris barried under the hill. Merlin Otto said we should get more dirt and have a bigger hill. Floyd Roden said they decided to go with a small tot hill. D. #728 PARKS AND RECS JOINT POWERS: See above and annual meeting is Thurs Eve. at Otsego City Hall - at 8PM Steve Rohlf will talk about planning for park needs. CITY OF OTSEGO COUNCIL MEETING MINUTES OF OCTOBER 10, 1994 PAGE 11 E. PUBLIC WORKS SUB -COMMITTEE: Larry Koshak will get an estimate for overlay work in Mississippi Shores and also 80th Street. Public Works Sub -committee discussed plastic pipe vs concrete pipe for stormsewer. He prefers concrete pipe. Doug said he is willing to try it someplace. Council agreed The grass needs to be cut on Page Avenue and 85th Street. The residents said if we seed or sod it they would take care of it. The Public Works committee will work it out. Floyd Roden said Fabian Sodowski would like the weeds cut in his easement. Floyd Roden will look into it. Larry Koshak said we need to consider assessing for overlay work. Public works should make a recommendation. F. OTSEGO CREEK AUTHORITY: Floyd Roden said the Sentence to Serve worked at Otsego Creek for two days. They did a good job, but it was slow. They will try to do the whole creek. G. ADM. SUB -COMMITTEE: Larry Fournier said we held a special meeting to discuss a Finance Director. There were two lines of thought, hiring a director with advertising or without advertising. I had a difficult time with hiring a city employee without advertising, wanting it to be open and fair. Andy MacArthur informed us, that we could contract the position which would give us time to write a job description. The only problem is giving the person we contract an advantage over other applicants, after the contract expires. The committee did recommend a contract for 6 months or a year with a finance person. Ron Black said he has done a draft on the job description for the position. This is a starting point. One concern that was discussed at length, was we are not sure of the job description. It is important to bring someone in who is extremely familiar with this part of city government. When we have the perimeters down it would be easy to define what the job is, attach the hours and dollars to it. We are in a transition now and just do not know. He agreed with Larry's concept of doing it on a contract basis. We can see what is happening. Andy MacArthur mentioned developing some personnel policies to comply with veterans preference, etc. He would like to see that on Elaine Beatty's job description. Floyd Roden agrees with Larry Fournier, we need tofollow a point system. Part time may be our solution . He supports contracting. Jerry Perrault said whoever is hired, should be hired a month ahead of time. Ron's job description is quite thorough. It is hard to say how much time, because you are switching from a manual to a computerized system. Larry Fournier said Jerry Perrault did express that he could be used as a consultant. Council direction is being sought, on this matter. Ron Black said Larry Fournier and He would like authority to negotiate a deal on the contract basis. More discussion. CITY OF OTSEGO COUNCIL MEETING MINUTES OF OCTOBER 10, 1994 PAGE 12 Doug Lindenfelser said it is a start. His concern is City Management. He believes that Finance, City Management and Zoning. We are not dealing with city water and sewer, police and fire departments. I feel that would help the City out. All three positions, one man could do it all. Advertise for this person and see what is out there. Ron Black felt the trouble with advertising is we don't know what we are advertising for. NORMAN F FRESKE MOTIONED TO HAVE THE SUBCOMMITTEE AUTHORIZED TO ENTER INTO NEGOTIATIONS TO CONTRACT A FINANCE DIRECTOR FOR UP TO ONE YEAR. RON BLACK SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Doug Lindenfelser asked when would you try to get this position filled? Answered December 1, 1994. Would you meet with just her or what? Larry Fournier said they would meet with her as a committee first, then the whole Council would meet with her. Everybody would be in on the final decision. 8 7. CONSIDER FIRE SERVICE AMOUNTS: DOUG LINDENFELSER MOTIONED TO KEEP THE FIRE SERVICE THE SAME AS FOLLOWS. FLOYD RODEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. A. ELK RIVER: $40.00 PER PARCEL B. MONTICELLO: $35.00 PER PARCEL C. ALBERTVILLE: $58.00 PER PARCEL Ron Black would like to have some figures as to how it was calculated. Elaine Beatty will write a letter to Albertville. 8 8. CONSIDER TREASURERS REPORT FOR SEPTEMBER: Larry Fournier asked if there is another CD left. Answered Yes. DOUG LINDENFELSER MOTIONED TO APPROVE THE TREAS. REPORT. LARRY FOURNIER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 8.9. SET DATE FOR OTSEGO/DAYTON COUNCIL DISCUSSION: Larry Fournier was contacted by the City Administrator from Dayton and they are eager to discuss, Police, Assessor, Building Official, Fire service etc. A meeting is tentatively set for October 20, 1994 at 7:30PM. LARRY FOURNIER MOTIONED TO HAVE A MEETING WITH DAYTON AT OTSEGO CITY HALL. RON BLACK SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 8.10. ANY OTHER COUNCIL BUSINESS: CITY OF OTSEGO COUNCIL MEETING MINUTES OF OCTOBER 10, 1994 PAGE 13 RON BLACK MOTIONED TO HAVE THE CITY APPOINT MICHELLE BERG AS THE PERSON FOR THE SCAVENGER HUNT IN OTSEGO AS OUTLINED IN THE MEMO. LARRY FOURNIER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Floyd Roden said he has a person who has a garage too close to the line. Judy Hudson stated that Jerry Olson checked this and it is 10' 1", which is within the set back requirement. Larry Fournier brought up the Treasurers Job and he recommends the Sub -Committee send a letter to Jim Barthel, Treasurer. Arlene Sandy - Mayor Freske explained the bill. LARRY FOURNIER MOTIONED AND RON BLACK SECONDED THE MOTION THAT WE SHOULD SEND A COPY OF THIS BILL TO STEPHANIE KLINZING TO INFORM HER OF WHAT A BUILDING PERMIT WOULD BE (WITHOUT THE SHORELAND WILD AND SCENIC AND FLOODPLAIN ORDINANCE.) MOTION CARRIED UNANIMOUSLY. 8.11. PAY ANY BILLS: Council Paid Claim No's. 1152 to 1224 inclusive. 8.12. ADJOURN BY 11PM: ON MOTION MEETING ADJOURNED AT 11:30PM. Dti NbRMAN F FRESKE, MAYOR DOU LIr DENFEL ER, COUNCIL FLOYD BLAC , COUNCIL LAINE BEATTY, DEPUTY C DEPUTY CLERK/ZONING ADM. (CITY SEAL) RESOLUTION NO. 94-103 RESOLUTION ACCEPTING BID PUBLIC IMPROVEMENT PROJECT NO. 94-3C2 CITY OF OTSEGO WHEREAS, pursuant to a request for quotes for the Otsego Water Well Electrical and Controls, quotes were opened and tabulated according to law, and the quotes were as follows: Quoter Custom Electric, Inc. Gopher Electric Contractors, Inc. Amount $6,650.00 $16,853.00 AND WHEREAS, it appears that Custom Electric, Inc. of Coon Rapids, Minnesota is a responsible contractor. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF OTSEGO, MINNESOTA: 1. The mayor and clerk are hereby authorized and directed to enter into a contract with Custom Electric, Inc. of Coon Rapids, Minnesota, in the name of the City of Otsego for the Otsego Water Well Electrical and Controls according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. Adopted by the Otsego City Council this 10TH day of October 1994. NORMAN F FRESKE ( ity Clerk ELAINE BEATTY, DEPUTY /ZONING ADM. RESOLUTION NO 94-100 APPOINTING ELECTION JUDGES FOR 1994 GENE ELECTION • CITY OF OTSEGO, COUNTY OF ' GHT REAS the General Elections are to be held on November 8, 1994, and, there are additional Election Judges needed to perform the election duties for this election, NOW THEREFORE BE IT SOLVED TI T the following persons be appointed as additional Election Judges and attended the necessary training provided by the City of Otsego in order to hold the position of Election Judge: Joan Nichols Pam Black Nadine Aarvig • Denise McAlpine Lu LuConic Elizabeth Vetsch Liz Wilder Kelly Perrault Rosie Becker Appointed this 10TH day of October, 1994. CITY OF OTSEGO: NO ATTEST: F FRESKE, YOR EL 1 BEATT ZONING DEPUTY STRATOR (Ci1Y SEAL) RESOLUTION NO. 94-102 RELATING TO PARKING RESTRICTION ON Item 7.3a SAP 217-107-01 from CSAH42 to 445 feet east in the City of Otsego, Minnesota. THIS RESOLUTION, passed this 1 pn day of nctobpr , 1994, by the City of Otsego in Wright County, Minnesota. The Municipal corporation shall hereinafter be called the "City," WITNESSETH: WHEREAS, the "City" has planned the improvement of MSAS 107 (88th Street) from CSAH42 to 445 feet east. WHEREAS, the "City;" will be expending Municipal Street Aid Funds on the improvement of this Street, and WHEREAS, this improvement does not provide adequate width for parking on both sides of the street; and approval of the proposed construction as a Municipal State Aid Street project must therefore be conditioned upon certain parking restrictions. NOW, THEREFORE, IT IS THEREBY RESOLVED: That the "City," shall ban the parking of motor vehicles on the north side of MSAS 107 (88th Street) from CSAH42 to 445 feet east. Dated this 10TH day of nc'tnhar , 1994. Al 1EST: City of Otsego, Minnesota. By Jerome Perrault Mayor Norman F Freske DECISION Based on the foregoing considerations and applicable ordinances, the applicant's request for a conditional use permit to allow the establishment of a mining operation within an A-1, Agricultural - Rural Service District is approved in its present form and subject to the following conditions: 1. Mining Permit #3 is terminated, thus guaranteeing the contingencies stated in Condition #4 below. 2. The required letter of credit shall be reduced from $118,000 to $68,000 for Phase I. Review of the letter of credit shall be required prior to each new phase commencing. 3. Negotiation for right-of-way for the future Quaday Avenue shall occur at the time the roadway will be constructed. 4. Mining Permit #4 is issued upon the fulfillment of the following conditions: A. PLAN COMPLETENESS 1. One plan sheet showing each phase of the mining operations is submitted. Erosion control methods, topsoil storage areas, yearly extracting limits, etc. shall also be shown for each phase. 3 2. The location of test hole borings shall be shown on the plan. 3. Wetland boundaries shall be surveyed and included on the site plan. A wetland protection plan shall be submitted. 4. Location of permanent and temporary structures utilized in the mining operation as well as the location of the mining operation lockable gate, sanitary facilities, parking areas shall be shown on the plan. 5. Two foot contour intervals shall be used. 6. A MPCA application shall be filed if the area disturbed exceeds five acres 7. Silt fence shall be installed on all downhill slopes. 8. Closure and restoration of each five acre parcel shall be completed before the next five acre parcel is opened for mining. 9. A traffic control plan shall be submitted and subject to approval by the City Engineer. B. NARRATIVE 1. The Ordinance states that mining operations shall occur 7:00 AM through 6:00 PM Monday through Friday, unless extended hours of operation are specifically approved by the City Council. 2. Depth of the water table shall be identified in the narrative. Test hole locations are shown in the narrative exhibits. 3. Access to the site shall be specifically limited to 72nd Street. 4. A drainage plan is submitted, reviewed and approved prior to each phase. 5. If a water truck is not owned by the property owner, an agreement or contract shall be entered into with the owner of the water truck to be utilized. The City shall be named on the contract to allow for initiating dust control if the owner becomes negligent. 4 C. ATTACHMENTS 1. The City shall reserve the right to require additional soil borings for the Phase II and Phase III mining operations. Such soil borings shall be in locations approved by the City. 2. A right of entry is submitted. D. MINING PERM= #3 INCORPORATION 1. The City shall not return the letter of credit applicable to Mining Permit #3 unless the following items are completed by 1 November 1994: a. The yardage fee is paid by R.L. Larson Excavating Inc. for materials removed in conjunction with Mining Permit #3. A site survey of post mining grades shall be submitted to verify yardage of material removed. b. Quaday Avenue (from the site to CSAH 42) is accepted and MnDOT releases the road as a haul road to the City. c. The open pit area is closed and site restoration is Completed for the area mined under Mining Permit #3. Site restoration shall be completed in accordance with the Mining Ordinance. 2. Permit #4 shall not be allowed until Permit #3 is finalized. ADOPTED by the Otsego City Council this 10th day of October 1994. ATTEST: erome P rrauit, City Clerk CITY OF OTSEGO By: 5 2L,e46., Nc ni'an F . Freske , Mayor TOTGI P . 02