04-24-1995 City Council Minutes1.4. • ►••1.•,
CITY OF OTSEGO
WRIGHT COUNTY, MINNESOTA
CITY COUNCIL MEETING
6:30 PM
COUNCIL CHAMBERS
OTSEGO CITY HALL
APRIL 24, 1995
,s - - s • • • -
Mayor Freske called meeting to order at 6:30 PM.
ROLL CALL: Mayor Norman F. Freske, Councilmembers: Ron Black, Larry Fournier, Vern
Heidner, Suzanne Ackerman.
- 01 • :•• •1
•l •- . •I • : 6-I,. .•• • . ■
Item 7.8.a. Council consideration for video taping and/or
cable of Council Meetings.
Item 7.8.b. Council consideration of EDAAC's request for a
Vision Session
CM Black requested: Addition: Item 6.3.a. Amendment to Zoning Ordinance addressing
development rights of old plats
CM Fournier requested: Addition:
CM Fournier motioned adoption of Agenda for April 24, City Council Meeting, with the
above additions. Seconded by CM Heidner. All in favor. Motion carried.
• I • - . • s • U 1 -
a. Minutes of April 10, 1995 Regular Council Meeting
b. Minutes of April 3, 1995 Stormwater Hearings.
CM Black motioned to redraft the minutes of April 10, 1995 and April 3, 1995 minutes to
reflect that these are minutes of meetings and not transcripts. Seconded by CM Heidner.
All in favor. Motion carried.
4. OPEN FORUM:
Darlene Solberg appeared as a member of the Parks and Rec. Commission. She had a list of her
concerns which she handed out to the Mayor and Council (see attached).
She went over her attachment and her concerns were:
1. Park and Recreation Treasurer.
2. Communication between the City Council and the Park and Recreation
Commission.
3. Concern with communication between Wright County Park Commission.
4. City Council look at increasing Park dedication fees, especially for
commercial development.
Otsego City Council Meeting of April 24, 1995, cont'd. Page 2.
The Council pointed out:
1. They have requested the Park and Recs. Commission to conduct
an evaluation on dedication fees and make a recommendation to the Council.
2. The EDAAC has also requested a Visioning Meeting.
3. The Treasurer's Office is open at all times for information.
Mayor Freske introduced our new Finance Director, Phyllis Boedigheimer, who attended the
meeting.
Tom Baillargeon asked for Council consideration for purchasing a small bulldozer. The Council
referred him to work with the Merland Otto and the Public Works Subcommittee.
Brad Praught is requesting a home extended business on his Dad's nth Stam, light manufacturing,
miscellaneous metals. Council referred Mr. Praught to work
,, C •. — •l 4- •0. ' . • C •.
Bob Kirmis went over NAC's Report dated April 17, 1995. (attached)
CM Black motioned to accept of approval of Final Plat to included the 9 conditions as set
forth in the NAC Report dated April 17,1995.tioned the 65 foot setback, whAll
ich he favor.
Motion carried. Discussion: CM Fournier q es
thought was normally done. Mr. Kirmis said the 65 foot setback is for County Roads.
Nashua Avenue is a Collector Street and will be a high volume road, and we want to
impose the 65 foot setback.
. ! . • •
. i . • e • ►I t , ' .
Mr. Kirmis wanted to know what the Council is looking for.
After much discussion the Council said the sketch plan will suffice.
CM Black requested to have the minutes reflect that there is one piece of paper floating around
that the Council doesn't have and this causes the confusion, we should move ahead with what we
have.
:s • I ' .•• s• s-
NONE
6. Andy MacArthur, Attorney:
6-1. New Ordinance allowing the Finance Officer to he bonded and
•' • 1 • - - : • • • 1 000 - 1
E
A Treasurer
ee attached). He wants
Attorney went over the requirement for bondingtheamountamount of thesbond. The EDA should
this reviewed by the Council and they shoulddetermine
appoint someone else as Treasurer and amend the by-laws enabling adding extra members to the
EDA.
Otsego City Council Meeting of April 24, 1995, cont'd. Page 3.
Phyllis Boedigheimer suggested to check with our Insurance Company for amount of bond, she
thought that the standard was $50,000. and suggested a deputy treasurer.
Council requested to have Attorney check into:
1. Having a City Employee (Director of Business and Finance) as Treasurer.
2. Having a City Employee (City Clerk) as Secretary.
3. Have this information by the next City Council Meeting.
6.2. OPEN EDA MEETING
EDA Meeting was not opened. (Continued for Attorney to check out above informtion)
a. Reappoint an EDA Treasurer
b. Close EDA Meeting
6.3. Any other Legal Business.
a. Amendment to Zoning Ordinance addressing development rights of
old plats.
CM Black motioned to have the City Attorney and Bob Kirmis draft a revision to the
Ordinance addressing issues that are presently non -conforming to our Ordinances.
Seconded by CM Heidner. All in favor. Motion carried. Discussion: The Council wants
these proposed amendments to go through the proper process for hearing.
7. City Council Items:
7.1. Appoint an alternate to the -Historical Preservation Committee.
Mayor Freske appointed CM Ackerman as Alternate Council Representative to the
Historical Preservation Committee.
7.2. Consider Fee for Dave Lorenz.
CM Fournier motioned to pay Dave Lorenz $50.00 an hour. Seconded by Mayor Freske.
All in favor. Motion carried. Discussion: CM Fournier requested the next time we go into
something like this, there should be more detail as to cost and time involved. CM
Ackerman noted that this was a learning experience and we gained knowledge.
7 '3. Consider who will attenll the Planning Seminar of May 16th
CM Fournier motioned the City pay the $15.00 fee for the EDAAC, Planning Commission,
Park and Recs., City Staff and City Council withi the in fav understanding or. Motion carried. no other pay is
included. This is a mandatory attendance.
7.4. Inter -Communication Meeting of Communities of May 10, 1995 7-10PM
The Council suggested to have Mayor Freske meet with the Chairs of all the Commissions and
determine their presentation before the May 10th meeting.
(Reset Conflict of Interest Mecting for same date)
CM Fournier motioned to reschedule this meeting for June 22, 1995, 6:30 PM. Seconded by
CM Black. All in favor. Motion carried.
•• •- - :-•••
CM Fournier motioned to accept the March, 1995 Treasurer's Report. Seconded by CM
Black. All in favor. Motion carried.
Otsego City Council Meeting of April 24, 1995, cont'd. Page 4.
Z. fL Consider applying for a i10.OQ0.00 grant for sewer from Central MN
Jnitiative Fund.
CM Black motioned to have City Clerk check into this Grant. Seconded by CM Fournier.
All in favor. Motion carried. Discussion:
e requested
erk
with
make sure that qualification is checked into. CM BlackCity Clerk check
Pam Black in regards to grant applications, which she is familiar with the processing.
7.7. Consider date for Ird Ind. Site Selection Meeting with Council/EDAACLPC
CM Fournier motioned to have the 3rd Industrial Site Selection Subcommittee give their
formal presentation at the June 7, 1995 Planning Commission. Seconded by CM Heidner.
All in favor. Motion carried. Discussion: This should be the last item on the agenda..
s I s' • • s"
7.8.a. Consideration for Video Taping and/or Cahle for Council Meetings.
Council response: 1. Residents can come and listen to audio tapes.
2. Budgets concerns
3. Shouldn't be a City Expense, unless equipment is supplied
7.8.b. Consideration ofEDAACrequest for a Vision Session.
CM Black motioned to set October 16, 1995,
6:30 PM as a Vision Session with the EDAAC,
Park and Recs. Planning Commission and City Council i at Discussion: David Council suggested
t as the facilitator.
Seconded by CM Ackerman. All in favor.
this date for a meeting because the City should have a better handle on the sewer and
water project by them.
Mayor Freske:
CM Fournier:
CM Heidner:
Dave Chase:
Elaine Beatty:
Judy Hudson:
He will check into the Septic Manual.
May 8, 1995, A meeting in St. Cloud regarding Live Stock Waste, Feedlots.
CM Ackerman stated she wants to attend.
Bought up the Growth Management Project on May 17.
Thanked the City Staff for the new agenda format.
Resident on McAllister Avenue wants his road graded more often
Wants to implement a Policy for all Commission Members requiring:
Attendance to other commission meetings, let them know the City's expectations
Council directed City Clerk to write a memo to all commission members
outlining what we are suggesting and encouraging them to do this.
Informed the Council that maintenance is filling pot holes and grading. He also
discussed with Frankfort about sharing costs on 60th Street, which will be used
for a detour route during the CO Rd 37 and O'Dean Project.
May 30, Graduation Party for Headstart, they have requested Mayor Freske's
attendance.
Roche Martin extended an invitation to City Council and Staff to attend the
May 1, 1995, information meeting on School Bond at Otsego Elementary,
followed with a tour of school
7.9. pay any Bills
Claims 498 through 547 were paid inclusive.
•
Otsego City Council Meeting of April 24, 1995, cont'd. Page 5.
7.10_ Adjourn by 10 PM
CM Fournier motioned to adjourn meeting. Seconded by CM Black. All in favor. Motion
carried.
Adjourned at 8:40 PM
12 J
Larry Fou nier, Councilmember
Ron : d G. Black, Council ember Vern Heidner, Councilmember
Suzanne M. S. Ackerman, Councilmember
A
CITY SEAL
Hudson, Deputy Clerk
Northwest Associated Consultants, A R H
PLANNI NG • DESIGN • MARKET R E S E
nc.
URBAN
PLANNING REPORT
TO:
FROM: Bob Kinnis
DATE: 17 April 1995
RE: Otsego - Bulow Estates. Final Plat
FILE NO: 176.02 - 95.03
Otsego Mayor and City Council
EXECUTIVE SUMMARY
Background
Mr. Chris Bulow has requested final plat approval of the Bulow Estatesen lot subdivision
sui)diitison comprises
located south
of County Road 39 and east of Nashua Avenue. The proposed
12.17 acres of land and overlays a portion of the City's Original Townsite,Plat.
At its 1p
0 April 1995 meeting, the City Council approved a rezoning of the property from A1,
Agricultural Rural Service to PUD, Planned Unit Development and formally vacated the g
street rights-of-way which underlie the subject property. The subject plat is identical in terms
of layout to the previously approved preliminary plat.
Attached for reference:
Exhibit A - Site Location
Exhibit B - Approved Preliminary Plat
Exhibit C - Final Plat
31,5
tf
5775 Wav7ata Rlvii •_Suitn_555 • St. Louis Park. MN _55416 • (612) 595-9636•Fax. 595-98:
Recommendation
Based on the following review, our office recommends approval of the Bulow Estates final plat
subject to the following conditions:
1. Access to Lot 3, Block 1 and Lot 1, Block 2 from Nashua
Avenue shall be prohibited.
Access to such lots shall be provided solely via 94th Street.
2. Lot 2, Block 1 and Lot 3, Block 2 shall be allowed direct lot access to Nashua Avenue
only on an interim basis. At such time as easterly development occurs and enueternative shall be
easterly street access is available, access to the said lots from Nashua Av
prohibited.
3. The interim driveway access provided to Lot 2, Block 1 from Nashua Avenue shall be
located as far south as possible on the lot to ensure areasafety.
4. Sixty-five foot principal structure setbacks shall be imposed from Nashua Avenue.
5. Homes constructed upon Lot 2, Block 1 and Lot 3, Bocl 2itio2 shn be
oori access to from Nin a a h a
conducive to future lot access from the east p o
Avenue. Specifically, garages shall be constructed to be entered either from the north
or south.
6. Grading and drainage plans meet the approval of the City Engineer.
7. The applicant satisfy City park dedication (cash contribution) requirements approved by
the City Council.
8. The applicant enter into a development agreement and post the necessary securities
required by it.
9. Comments from other City staff.
ISSUES ANALYSIS
Consistency with Approved Preliminary Plat. The lot, block and street design illustrated on the final plat is consistent with the preliminary plat which was approved by the City Council on
10 April 1995.
Zoning. At the time of preliminary plat application, the subject property was rezoned to a
PUD, Planned Unit Development zoning designation.
2
the
cu
tances
The PUD designation was applied to the property in recognition of sizes, unique
etccirc m PUD
which surround the proposed development (i.e., non -conforming
zoning designation will accommodate the proposed residential density, without jeopardizing the
intent of the Comprehensive Plan.
Street Vacation. As noted previously, the Original Townsite Plat street rights-of-way which
had previously underlaid the subject property, were formally vacated at the City Council's 10
April 1995 meeting. The vacation of such streets was necessary to accommodate the
development proposal:
Lots. The seven lots illustrated upon the final plat are et identicalor excned R-3 District to ose
e
illustrated upon the approved preliminary plat. All lots m
requirements (considered appropriate for proposed development).
Streets. The street layout illustrated upon the final plat o ea streetwise namelcal to the street layout
(94t Street) has been
illustrated on the approved preliminary plat. The prop
found to be consistent with the City's street naming plan.
As a condition of final plat approval, a temporary cul-de-sac will need to be constructed at the
eastern terminus of 94th Street.
Access. As a condition of final plat approval, the following
�oac ded rs elated as deed conresditions will be
made part of the subdivision's development agreement and re
1. Access to Lot 3, Block 1 and Lot 1, Block 2 from Nashua Avenue shall be prohibited.
Access to such lots shall be provided solely via 94th Street.
2. Lot 2, Block 1 and Lot 3, Block 2 shall be allowed direct lot access to Nashua Avenue
only on an interim basis. At such time as easterly developmentlots Nashua Avenue shall
easterly street access is available, access to the said lot
prohibited.
3. The interim driveway access provided to Lot 2, Block a roNashua Avenue shall be
located as far south as possible on the lot to ensuresafety.
4. Sixty-five foot principal structure setbacks shall be imposed from Nashua Avenue.
5. Homes constructed upon Lot 2, Block 1 and Lot 3, Block 2 shall be oriented in a manner
conducive to future lot access from the east and prohibition of access from Nashua
Avenue. Specifically, garages shall be constructed to be entered either from the north
or south.
Grading or Drainage. As a condition of final plat approval, the submitted grading and drainage
plan must receive approval by the City Engineer.
3
Easements. As requiredby the Subdivision Ordinance, 10 foot drainage and utility easements
a drainage easement has been
have been illustrated along subject lines.
ewtland. Additionally,
appropriately placed over the
Park and Trail Dedication. In consideration of appropriate park dedication
anements,sthee
Park and Recreation Advisory Committee chose not to make Rohe en Council determined that
judgement from the City Council. At its 10 April 1995 meeting,
the applicant should contribute cash (in lieu of land dedication) to the City park fund.
•
the applicant will be required to make a
In accord with Subdivision Ordinance requirements,
w Ilog unit' (6) within the subdivision. Thus, a park
cash donation of $350 for each
dedication of $2,100 will be required.
In addition to park dedication, the applicant shall also be requ r $3 o00 to mail feeeet theshall also City's trail
dedication requirements of $50 per new dwelling unit. As such,
e
imposed.
Development Agreement. As a condition of final plat approval, the applicant will be required
to enter into aPUD/subdivision development agreement with the City and post the necessary
securities required by it.
CONCLUSION
Review of the Bulow Estates final plat finds that the plat drawing is identical to the previously
approved preliminary plat. Based on the preceding review, our office recommends approval
this
PP
the Bulow Estates final plat subject to the conditions listed in the Executive Summary
report.
pc: Elaine Beatty
Andy MacArthur
Larry Koshak
Chris Bulow
4
NORTH R/W LINE
95T
y tel= , w�i:(��•11�11i�zii.�i�+�� �ra:r•►
�w;
29
0 •a �?ti sfrr
I
vi Q AR.
1.23 Ac.1 � A ED
SOUTH R/W LINE
1
N. LINE OF S.W.I/4
SEC. 17. TWP.21, RNC.23
TEMPORARY CUL-DE-SAC
EASEmE.NT
L
CEtITERIJNE OF C STREET
<�v I I li
I
3 SI •
I
4.99 Aa / 11y
xn4 (
•J I S
�• \ 1 - -
m STRYSET
ItX ens 1
II
J
1
S138 40'58'E
X @t1.3
NO.. LINE OF S.W.I/4 OF
SEC.I7, T.121, R.23. ALSO
SO. LINE OF PLAT
0 100 200
SCALE IN FEE
1
r-1 1101111.1A 13
100 200
300
SCALE
IN FEET
For the purposes of this plat. the South
line of Block 4. TOWNSITE OF OTSEGO
is assumed to beer South 88'40.58 East. ,
o Denotes I/2 inch it 14 inch iron pipe -
set with a plastic plug stamped RLS 8194.
Drainage end Utility Easements are shown
thus: 1
1
4-1 r•- S
—'°-� — --J L_ -j •fro =.
Being 10 feet in width end adjoining fight
of -way lines, also being 5 feet In widN: ,; •;
and adjoining lot lines, unless othrwise';:'y
indicated, -os shown on 'the plo.0„.;;. :•_P=fL:a,
N.Vrk 1-•••" Of INN; Qt
I ' rONN9)C or or5FC0- —
ii •• , , •• TenfwWe of arft,Na•JD— I - - ,••• - --
_ N89'07'08"W 290.24 $ =
, %do•a �D 4.44-::\
.� °o
110° Jif-' N88'07''08'W 290.11 •14: •0t
1 .^i t • 11
11„,T,' 1
1 1 95Th ST. NE I •-
1 g� 1
g 1 '
I. 1
L N69'07'08'W I 'J 1
Tl0 1
188.3e I 1 1
I I --
1!
1 1
/^1 11
6 714:
1 CVt'i
a
NIWO8'43 W \\ 11. , / ' V
f0.oa-.•?)---
\\ L k N89'07'0414 288.7) J
fie - "J - IJ OJ - -1 r 4460.00 17
t” ‘ / / i I,
' / I / 1
1
I14/I-'- 1
I
Gt
t 17:, I
1 V � • g •'
I=
vR
..:L\ ,
\ 153.96 J L
�� v
;-'aoo 94Th STREET NE 3000
.•• ���� N6D•o7'O6'W J40.J9 ,,p,0p.�
160..00 11
r
jv
•
• •I
1_.::s
'
•- 11.
1
Ie
.- I1
18
'a
xo
$4 tE.-----•----1
•
1 • II•
11='1 N 1
I•
I
Ii.'
W I
I vs 1
A
... I ex ' \$. - .�
I N
1 _.• ••`\ \ i g xi L. 1 `\ I
1 \
2
1 , 'N
1 -
\;'1 Y '
' I & Jo1
yJ
\ S88'40'381"331./8 i
••. Soulh ti.. Of Block 4.
roNNsrrc Of• oracc0 • -
r
L
r
1 1' 1
IV
Iy
11
16154 J L 460.00 -J
��N89 oft W J24Se�-�`-7
L_
7TH STREET
311
;,h,
!I '
sl
1;1
NI
I
1
•
80
/
EXHIBIT C - FINAL _.
William S. Radzwill
Andrew J. MacArthur
Michael C. Couri
April 18, 1995
RADZWILL LAW OFFICE
Attorneys at Law
705 Central Avenue East
PO Box 369
St. Michael, MN 55376
(612) 497-1930
(612) 497-2599 (FAX)
Mr. Robert Kirmis
Senior Planner
Northwest Associated Consultants, Inc.
5775 Wayzata Blvd.
Suite 555
St. Louis Park, MN 55416
RE: Bulow Estates- PUD Agreement
Dear Bob:
At your request I have reviewed ween Inc. and the Citye proposed ofed Otsego1.
I
Development oliAgrowingtcomments relative to that agreement:
I have the following
1. No. 17, add the following sentence to the very end, "Developer
shall inform all buyers in writing of the cwhi heonditthey Ian's
llisted above which are applicable to the lot
purchasing.""Owners of Lot 2, Bock 1
Add the following additional paragraph,
and Lot 3, Block 2 are hereby notified that at such time as road
access is provided from the east they will be the benefit to
nsible for a
share of any assessment for said roads equivalent to
their property from road construction. Due to the restrictions
imposed by this agreement, er than otherthe
properti s benefited." s, ^
assessment may be higher
2. No. 18,
add the following sentence after "...the City may also
draw down the letter of credit."; "It shall be the responsbiil2
of the Developer to inform the City at least expiration ydasprior r_d
expiration of the letter of credit of the impending_ of
the status of the Developer's hatever reason,project ao the lettere ofs credit
letter of credit. If, forthe
lapses prior to complete compliance with this provision,
Developer shall immediately provide the City with a letter of
credit of the same amount upon notification of expiration."
Letter to Bob KiL...is
April 18, 1995
Page 2
The rest of the draft
I would suggest the
administrative costs
amounts required.
Very truly yours,
rew J. NacArt ur
RADZWILL LAW OFFICE
cc: Larry Koshak, Hakanson- Anderson
City of Otsego
Developer's Agreement appears to be in order.
figure of $1,000.00 for future legal and
in escrow. Larry will need to supply the other
Northwest Associated Consultants, Inc.
URBAN PLANNI NG • D ES I G N • MARKET RESEARCH
MEMORANDUM
TO: Otsego Mayor and City Council
Otsego Planning Commission
FROM: Bob Kirmis/David Licht
DATE: 13 April 1995
RE: Otsego - MRD Commercial Park 2nd Addition Rezoning/Final Plat
FILE NO: 176.02 - 94.15
Attached please find the following recently submitted materials applicable to the MRD
Commercial Park 2nd Addition:
1. Preliminary/Final Plat (not dated)
2. Preliminary Plat dated 4/10/95
3. Preliminary Grading Plan dated 4/10/95
In review of these materials, please note that the configuration of Lot 1, Block 1 has remained
unchanged from the applicant's original submission in August of 1994. As such, concern
continues to exist in regard to future access to that portion of Outlot A which lies south of Lot
1, Block 1.
Acknowledging that the design of the plat remains essentially unchanged from the applicant's
original submission, we feel the majority of issues/recommendations offered in our 24 August
1994 planning report remain applicable and should be referenced by the Planning
Commission/City Council in consideration of the request. To be specifically noted in review
of the 24 August report is that the following actions have taken place since report issuance:
1. Termination of LeFebvre Watershed District Moratorium. The termination of the
moratorium would basically allow the property owner to request final platting of the
entire parcel in question if so desired.
5775 Wayzata Blvd. • Suite 555 • St. Louis Park, MN 55416 • (612) 595-9636•Fax. 595-9837
2. Adoption of area Transportation Plan. The 88th Street/Quaday Avenue street alignment,
illustrated upon the final and preliminary plat submissions, has been found to be
consistent with the City's recently adopted Transportation Plan for the area.
3. Adoption of City storm water drainage report. The study is intended to aid in the review
and evaluation of drainage issues associated with development requests within the City.
While it is acknowledged that the "preliminary plat" submission differs from the previous
February 1995 submission (via the omission of the half street), issues concerning access to
County Road 42 remain a concern.
Considering that the proposed final plat is identical to that subject to previous review in August
of 1994, the recommendations offered in our 24 August 1994 report remain generally applicable
and should be referenced by the Planning Commission and City Council. The public hearing
on this matter (continued) is scheduled for 19 April.
pc: Elaine Beatty
Andy MacArthur
Larry Koshak
Wally Klus
Mary Dare Baufield
2
z
O
COMMERCIAL PARK 2ND
CC
I
y sfr
o _ Yi
g ( =°
[ter^ i B~
4„ .N 1— _Jifi
�
' 1 iai
::Ss o3 0' .111
? °I v!10 • b
•
S / - •'
•
•.�� vee 1"076 � :v
a d t V1
• .: t C+ht .'e d'VI
4
/Ti' X61
I ;
.n0
/
M
r
.4
r
-- SI'26S M .61.68.00 N
ttt
ttt
0
H
0
0'004 M .44.44.00 N
o 0
J J
.r
N .9•`T4
8 4'
.b 00
/ -5 Or't04
•
o`::;"5441
N11.
N 69'56'26' E
- - - N 69'16'53' E 1294.52 ---
A
— ya b+N w.K P/•Nwit K1/..Sec lt f. RL • ])
-- _ �t ---- 49'609 3 .84.44.00 S -- i
;:!H1
n(j
C4 1‘• Kt4q441
SHEET 2 OF 2
. • s.
I I i.
tl.;
. v
ill : 111- vii
1 w.,
' VII
e,!14 1
"4--- i -J- Oil
1:11
—, el 4
•
4.•"" , - - i q 1
••17: f 1 "
•sa pis
ri I 731 - 'alit
WI t; Os
Ws A' 1 iiii
•
•
, • .
.• • ; •„: .-••• • "''• 71
103
i
\ /
••
t; • ,
.. .
• -is •• \ -, /"../, /
.-.1, ..,,,- \ 1 s. 1 • e •••:,‹ N rr.••
•-•--/----\:_•_/•• 1 e ......-..?2
..._.,.:
. . --.1. 7
;.:
0
\ ••
•
.•••"
37 1
2
•
2:.•••
USW 3.110 ...1111`111
ity•en.s04
----
/
••••;••
.7- • • • •••.• . • - - •
- - _ •
•!..4
12 t
•
2.
William S. Radzwill
Andrew J. MacArthur
Michael C. Couri
April 19, 1995
RADZWILL LAW OFFICE
Attorneys at Law
705 Central Avenue East
PO Box 369
St. Michael, MN 55376
(612) 497-1930
(612) 497-2599 (FAX)
City Council Members
City of Otsego CityClerk
c/o Elaine Beatty,
8899 Nashua Ave. NE
Elk River, MN 55330
RE: EDA, Bonding of Treasurer
Dear Council Members:
to
the
At the last Council meeting r the the Council
Treasurer, to look
see if othat
requirement for bonding person
specific bonding t ae essement could be delegated to anotherintrusive bonding forma could be located.
or whether or
I was not able to locate alternative bonding that did not include
the need for disclosures which are equally intrusive.
Regarding whether or not the bonding requirement can be placed on
another individual besidesthe he delegated Treasurer, the The bylaws eof the
r is,
unfortunately, that it cannot
Otsego EDA are taken directly from Minn. Stat. 469.096. Subd. 6 of
that statute, enclosed, specifically requires the Treasurer eu v lent of the
e
EDA, not a designated substitute, to posta q
twice the amount of money htheauthoritywill have on hand at
any one time but not to exceed$3e0
it would appear that the solution available to the presently
appointed Treasurer would be to request that the EDA appoint
someone else to that position.
If you have any further questions I will be available to discuss
them at next Monday's meeting.
Very truly yours,
/<7
Adrew MacArthur
RADZWILL LAW OFFICE
Encl.
1040
.CANCIES, PAY,
Dn 2, paragraph (d),
, c ven commis -
id ,r in section
r 01 ,ommissioners
iority: the commis -
De a member of the
Df the city council.
Dur, and six years,
ix -year terms.
ve-member author-
inted by the mayor
.11 be appointed for
• all commissioners
a seven -member
:e appointed by the
.ppointed shall be
vely and two mem-
for six-year terms.
ie city council shall
of members of the
), and (c).
/hen a city council
his or another rea=
inner in which the
)f the commission -
f office as members
be increased from
resolution adopted
he enabling resole=
ncluding the presi-
the authority in an
g pay for meetings;
:d in doing official
)ursement must be
by ,ity council
misswner shall be.
the commissioner
'en an opportunity
•ges have been sub=.
;pend the commis',.
substantiated, tlie
removed, a record
fled in the office of
•4.
f41
ECONOMIC DEVELOPMENT 449.097
1041
469.096 OFFICERS; DUTIES; ORGANIZATIONAL MATTERS.
Subdivision 1. Bylaws, rules, seal. An authority may adopt bylaws and rules of pro-
cedure and shall adopt an official seal.
Subd. 2. Officers. An authority shall elect a president, a vice-president, a treasurer,
a secretary, and an assistant treasurer. The authority shall elect the president, treasurer,
and secretary annually. A commissioner must not serve as president and vice-president
at the same time. The other offices may be held by the same commissioner. The offices
of secretary and assistant treasurer need not be held by a commissioner.
Subd. 3. Duties and powers. The officers have the usual duties and powers of their
offices. They may be given other duties and powers by the authority.
Subd. 4. Treasurer's duties. The treasurer:
(1) shall receive and is responsible for authority money;
(2) is responsible for the acts of the assistant treasurer;
(3) shall disburse authority money by check only; and
(4) shall keep an account of the source of all receipts, and the nature, purpose,
authority of all disbursements; and
(5) shall file the authority's detailed financial statement with its secretary at least
once a year at times set by the authority.
Subd. 5. Assistant treasurer. The assistant treasurer has the powers and duties of
the treasurer if the treasurer is absent or disabled.
Subd. 6. Treasurer's bond. The treasurer shall give bond to the state conditioned
for the faithful discharge of official duties. The bond must be approved as to form and
surety by the authority and filed with the secretary. The bond must be for twice the
amount of money likely to be on hand at any one time, as determined at least annually
by the authority provided that the bond must not exceed $300,000.
Subd. 7. Public money. Authority money is public money.
Subd. 8. Checks. An authority check must be signed by the treasurer and one other
officer named by the authority in a resolution. The check -must state the name of the
payee and the nature of the claim that the check is issued for.
Subd. 9. Financial statement. The authority's detailed financial statement must
show all receipts and disbursements, their nature, the money on hand, the purposes to
which the money on hand is to be applied, the authority's credits and assets, and its
outstanding liabilities in a form required for the city's financial statements. The author-
ity shall examine the statement together with the treasurer's vouchers. If the
autri resolution
ty
finds that the statement and vouchers are correct, it shall approve them by
and enter the resolution in its records.
History: 1987 c 291 s 97•
469.097 EMPLOYEES; SERVICES; SUPPLIES.
Subdivision 1. Employees. An economic development authority may employ an
executive director, a chief engineer, other technical experts and agents, and other
employees as it may require, and determine their duties, qualifications, and compensa-
tion.
Subd. 2. Contract for services. The authority may contract for the services of con-
sultants, agents, public accountants, and other persons needed to perform its duties and
exercise its powers.
Subd. 3. Legal services. The authority may use the services of the city attorney or
hire a general counsel for its legal needs. The city attorney or general counsel, as deter-
mined by the authority, is its chief legal advisor.
Subd. 4. Supplies. The authority may purchase the supplies and materials it needs
to carry out sections 469.090 to 469.108. use the facilities of its city's Subd. 5. City purchasing. An authority may
purchas-
ing department in connection with construction work and to purchase equipment, sup-
plies, or materials.
William S. Radzwill
Andrew J. MacArthur
Michael C. Couri
April 20, 1995
RADZWILL LAW OFFICE
Attorneys at Law
705 Central Avenue East
PO Box 369
St. Michael, MN 55376
(612) 497-1930
(612) 497-2599 (FAX)
City Council Members
City of Otsego
c/o Elaine Beatty, City Clerk
8899 Nashua Avenue NE
Elk River, MN 55330
RE: Proposed Ordinance For Bonding Of City Employees And Officers
Dear Council Members:
Enclosed please find a proposed Ordinance regarding required
bonding of City Employees and Officers. The purpose of this
Ordinance is to establish City authority for bonding and to
establish the amount of the bonds.
I am assuming that the newly hired Director of Finance and Business
will be appointed as City Treasurer. Although the new employee will
ory
handle mosnttmonetary matters, th t the City ret in a there
Treeasurer. I have enclosed the
requirement
applicable statute for your reference.
I will be available to discuss this matter at the regularly
scheduled City Council meeting on Monday, April 24, 1995.
Very tuly yours,
Anew J7MacA±thur
RADZWILL LAW OFFICE
Encl.
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO.,_____
CERS
OF ORDINANCE OTSEGO TO FURNISH OFFICIAL BONDS IAND FIXING THEOAMOUNTS THEREOF.
YEES OF THE CITY
OF
The City Council of the City of Otsego, Minnesota, ordains:
Section 1. The following officers and employees of the City of
Otsego, before entering upon the discharge of their duties, shall
each execute and furnish an official bond, the respective amounts
thereof to be as follows:
City Clerk
Deputy City Clerk
City Treasurer
Director of Business and Finance
all
ers and
es
ll
Section 2 •dTin favor of the Cityof of Otsego, Minnesota, andshallbe executed
be
bcute
approved and filed as required by law.
Section 3. The official bond of each officer and employee shall be
executed in such form as to require the faithful performance of
official duties and the proper application of, and payment upon
demand for, all moneys officially received by each such officer and
employee.
Section 4. The official bond of each officer and employee required
to be furnished shall be covered by a blanket bond obtained by the
city.
Section 5. The premiums for the official bonds shall be paid from
the general fund of the city.
Section 6. This ordinance shall take effect and be and remain in
force from and after its passage and publication.
ADOPTED this day of , 1995.
IN FAVOR:
OPPOSED:
By:
Elaine Beatty, City Clerk
CITY OF OTSEGO
Norman F. Freske, Mayor
DPOLITAN AREAS
.$20, eliminating a maxi-
s service of 90 days, and
om five to seven and one
iry act modified the mile-
;, formerly seven and one
equz'"ng those amounts
:y 0 3".
assessor and village con-
mpatible and they could
by one individual. Op.
:h 12, 1938.
zasurer and village asses-
itible and they could have
>ne individual. Op.Atty.
936.
lawfully expend funds to
living within village, but
within county, notwith-
no available deputy asses-
Op.Atty.Gen., 1950, No.
in general
organized and operating
ation law had authority to
village assessors; village
er" of village. Vesely v.
1934, 190 Minn. 318, 251
village assessor was not
ation which may be pro-
illage assessor. Op.Atty.
p. 217.
:ssor completed his work
ensation on a per diem
section, and performed
§ 273.08, village counsel
• have placed him on a
alary balance of year.
, Se; ier 6, 1950.
mcil rued compensation:
and authorized its pay
ition could have been pay
sessor who made the ap-
t and defined his duties.
, Feb. 11, 1947.
STATUTORY CITIES
Village council could have set assessor's
compensation upon annual basis. Id.
Compensation of township assessor should
have been paid by town and not by village
located in town. Op.Atty.Gen., 12-B-1, July
21, 1944.
Where village operated under general laws
and there was no special statutory provision,
village assessor should have been paid same
compensation as town assessor. Op.Atty.Gen.,
12-A-1, Dec. 22, 1933.
Per diem of village assessor was limited to
work done during May and June. Op.Atty.
Gen.1928, No. 12, p. 40.
6. — Mileage, compensation
It was discretionary with village council
whether village assessor would be allowed, as
additional compensation, five cents a mile for
each mile necessarily traveled in his assess-
ment work. Op.Atty.Gen., 12-B-1, May 11,
1954.
§ 412.141
Village assessor, who used his own automo-
bile, and who was given an allowance of five
cents a mile for use of the automobile in his
work, was not entitled to receive, in addition,
expense reimbursement. Op.Atty.Gen., 1954,
No. 157, p. 313.
7. Vacancies
Vacancy in office of village assessor was to
be filled in usual manner that vacancies in
village offices generally were filled and
§ 367.04 (repealed) was an emergency statute
intended to vest power in county auditor to
make appointment when council had neglected
or failed to perform its duty. Op.Atty.Gen.,
12-B, June 29, 1927.
8. Staff
Village council in exercise of its discretion,
had authority to furnish village assessor with
clerical assistance either during assessment pe-
riod or between assessment periods, or both.
Op.Atty.Gen., 12-E, March 16, 1950.
412.141. Treasurer's duties
The treasurer shall receive and safely keep all moneys belonging to the city,
including moneys received in operations of any municipal liquor dispensary
maintained by the city, and shall promptly enter in a book provided for the
purpose an account of all moneys received and disbursed as treasurer,
showing the source and objects thereof with the date of each transaction. The
treasurer shall pay out money only upon the written order of the mayor and
clerk, or such other officers of independent boards or commissions as are
authorized to issue orders in the case of board or commission operations.
Such orders when paid and canceled shall be retained as treasurer's vouchers.
Such accounts and vouchers shall be exhibited to the council upon its request.
The treasurer shall deliver to a successor all books, papers and money
belonging to the city. The treasurer shall immediately after the close of the
calendar year make out and file with the clerk for public inspection a report
of balances, receipts and disbursements by funds for the year. The treasurer
may, with the consent of the council appoint a deputy treasurer for whose
acts the treasurer shall be responsible and whom the treasurer may remove at
pleasure. In case of the treasurer's absence from the city or disability, the
council . may appoint a deputy treasurer, if there is none, to serve during such
absence or disability. The deputy may discharge any of the duties of the
treasurer.
Laws 1949, c. 119, § 17, eff. July 1, 1949. Amended by Laws 1951, c. 378, § 5; 1973, c.
123, art. 2, § 1; Laws 1986, c. 444.
Historical Note
The 1951 amendment authorized the treasur- treasurer shall immediately after the close of
er to pay out money upon the written order of the calendar year make out and file with the
other officers in addition to the mayor and clerk for public inspection a detailed account
clerk. Prior to the 1951 amendment, the ac- of his receipts and disbursements, with the
counting provision of this section read: "The sources and objects of each."
24 to 25 M.S.A.-6 141
§ 412.571
Note 7
optional plan had been adopted after com-
mencement of term of clerk who resigned.
Op.Atty.Gen., 470-L, Oct. 8, 1951.
8. Treasurer, term of office
Where village treasurer was reelected for a
two year term to succeed herself at the same
CITIES, METROPOLITAN AREAS = STATUTO
election in which the voters agreed to adopt
optional plan A as the new village government,
which formerly had been under standard plan,
the treasurer's re-election was ineffective, and
she continued to serve only until the expiration
of her present term. Op.Atty.Gen., 484e-4,
Dec. 17, 1957.
OPTIONAL PLAN A
412.572. Conversion to Optional Plan A
Subdivision 1. Assumption of Plan A. Except as otherwise provided by
this section, on January 1, 1970, every statutory city operating under the
standard plan of government shall assume the Plan A form of government as
prescribed by chapter 412 in the same manner as if the change to Optional
Plan A form of government had been approved by the voters in the manner
prescribed by that chapter.
Subd. 2. Referendum on petition. Prior to January 1, 1970, the city
council may, and upon petition therefor signed by voters equal in number to
at least 15 per cent of the electors voting at the last previous city election,
shall, submit to the voters at a regular or special election the question of
adopting Optional Plan A. Subdivision 1 of this section shall not be effective
in any city where such an election is held unless a majority of the votes cast
on the question in such an election are in the affirmative. If the majority of
votes cast on the question are not in the affirmative, such a city shall remain a
standard plan city. The question on assuming Optional Plan A shall be that
provided by section 412.551, subdivision 2.
Subd. 3. Adoption and abandonment of Plan A after January 1, 1970.
Nothing in this section shall prevent an Optional Plan A city from abandoning
such plan in the manner provided in section 412.551. Nothing in this section
shall prevent any standard plan city from adopting an optional plan after
January 1, 1970.
Laws 1967, c. 289, § 17, eff. May 4,' 1967. Amended by Laws 1973, c. 123, art. 2, § 1.
412.581. Optional Plan A; officers
In any city operating under Optional Plan A except a city having a larger
council under section 412.023, subdivision 4, the council shall be composed of
five members consisting, except during the initial period of its operation as
provided in section 412.571, of the mayor and four council members and,
except as provided in that section, the clerk and treasurer or clerk -treasurer
shall be appointed by the council for indefinite terms.
Laws 1949, c. 119, § 74, eff. July 1, 1949. Amended by Laws 1965, c. 417, § 11, eff.
July 1, 1965; Laws 1967, c. 289, § 13, eff. May 4, 1967; Laws 1974, c. 337, § 11, eff.
March 29, 1974; Laws 1986, c. 444.
Historical Note
The 1965 amendatory act modified section to to the joinder of the offices of clerk and trea-
reflect change of optional plan A with regard surer and the deletion of the office of assessor.
240
The 1967 a
cilmen" for "
Municipal
• C.J.S. Mun
Conflict of i]
Incompatible
1. Incompa
Offices of
village opera
were not in<
same person
316.
Offices of
trict board r
incompatible
1951.
Village cle
A of village
412.591.
Subdivi:
in cities gl
Optional
continue t
duties of t
Optional
Subd. 2
effective
date of e
treasurer
treasurer
surer. TI
If the offi
the counc
the state
dures pre
Laws 1949
1965, c. 41
§ 14; Law
The 1961
The 1965
reflect char
to joinder o
deletion of
C.D.-----$
CHECKING—$
TOTAL ----$
.373,0() ,.
7/
DATE : MQ ..3 / / 9S
INCOME : ----$. L5 000. 00
$ 42I66 OCA
$ 779. SO
$
$
$
$
$
$
$
$
$
$
TOTAL .
T50 7, g
grace L1,711'2
Z;ro%✓• LU;15T•
'Toe/ Mar' k' Corr.si•
$ 6, 771.. 7 / 111 ;se_
$ 41735709
EXPENSES : --$ 9 k E. R.
$ 77 ,6'7 C.47.46✓.4
$ 12// 9 7 3 3 7 Alli) fa sso c..
$ :? .5 1rh: e.)0 hd, 4 A",,k.
$ ? 4/9. vU �� dzw;1/ 1. w C4Pi
$ )4) 9 7H. y 7 /`4 50.(✓•S� Let'
.
7 1• 3 / /-/; !rim 104 /41) 1r✓',c4
$
8
$
$
$
$
$
$
$
$
$ E.s l: 70 M;s c.
TOTAL:
$ > 7 7 , S''