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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''