CITY OF OSAKIS

REGULAR MEETING

JULY 7, 2003

7:00 PM

Mayor Astleford called the meeting to order.

The Pledge of Allegiance was spoken.

Present: Hagemann, Astleford, Emerson and Timmerman

Absent: Nordstrom

Motion made by Timmerman seconded by Hagemann to approve the 6/2 and 6/11 minutes as sent. All Ayes, Nordstrom absent.

Motion made by Emerson seconded by Timmerman to approve the list of bills in amount of $511,644.90. All Ayes, Nordstrom absent.

Project # 24 – Liquor Store

Joseph Ketelboeter was in attendance.

Per League of Minnesota Cities Bulletin # 23, cities can be more restrictive then the state law for the 2 am closing.

Being we have Ordinance # 602.01 stating Mn. Statutes Chapter 340, and under 602.03 subd. 2, states no on sale of intoxicating liquor shall be made after 1 am on Sunday, no on sale shall be made between 1 am and 8 am on any week day.

We have to amend the ordinance by either removing Mn. Statutes Chapter 340 in # 602.01 or we have to change the 1 AM’s to 2 AM’s in # 602.03 Subd. 2.

If decided to amend the ordinance to extend the hours till 2 am an application has to be filled out and mail with a check to A.G.E.D. for $500.00 because our gross on sale sales were approximately $180,000.00.

A motion by Emerson seconded by Hagemann to deny change Ordinance # 602.01 and 602.02 and leave the closing hour at 1 am. All ayes Nordstrom absent.

Project # 76 – Police

Chief Gilson’s monthly report was presented to the Council.

Harley Anderson was in attendance with his complaint about dogs barking and running at large. Also, about residents having merchandise on sidewalks that’s for sale.

A motion by Emerson seconded by Hagemann to put an article in the paper informing everyone the nuisance ordinance on barking dogs and defication. All Ayes, Nordstrom absent.

Project # 205 – City Crew

Mr. Redetzke was not in attendance. Mayor Astleford stated he would talk to Mr. Redetzke about Mrs. Betts yard which was to be repaired.

Mr. Arnold Schultz was in attendance regarding 2 trees taken down and X-Cel Energy put in a power pole and anchor. He wants the trees replaced because it was being done because of the Hwy 27 Project.

The suggestion was to send the easement agreement to the attorney and ask if X-Cel Energy should be replacing trees or not.

Project # 74 – Fire Department

Mayor Astleford complimented the Osakis Fire Department on an excellent job done on the Fire Works displays. The reason for the delay in starting was because they had to keep moving the crowd out of range of the displays.

The Mayor also informed every one that he gave the okay to close the road between the beach and the bridge because the rocks were giving way and the road was washing out. The road is now open again.

Project # 346 – Adjustment of Utility Billing

Roger Daniels was to be in attendance regarding his spraying business.

He wants to fill his sprayer at his residence and when the water meter is read he wants the city to make an adjustment for the amount of water he used in his sprayer, so he doesn’t have to pay sewer for water used for spraying.

This has been asked in prior years for us to make adjustments on bills. It has to be a manual adjustment with the computer, very time consuming.

The City Clerk told him it cost $3.04 for the 1^st thousand gallons of water used for sewer charge plus $1.54 per every thousand there after.

No action was taken because Mr. Daniels was no in attendance.

Project # 60 – Ordinance Change

Change # 55 – Burning Permits

Our Ordinance on burning of leaves is now out dated; it states you can burn from April 1^st through May 15 and October 1, thru November 15^th.

We now allow burning all year long between the hours of 4 pm and 10 pm by permit only.

A motion by Hagemann seconded by Timmerman to waive the 2^nd reading and approve Ordinance change # 55. All Ayes, Nordstrom absent.

Project # 69 – Information to Council

Richard Whipps has a cabin located at 11 1^st Ave. W. in Osakis, had sewer hook up, however when we did the Sewer Extension down Lake Street in 1995 he was not hooked up correctly.

We discovered it was hooked up to a sewer line which was not in use; his sewer line was approximately 40 feet to the North.

We turned this into our Insurance Company and they denied the claim.

A summons for court on a hearing on July 15, 2003 at 1:30 pm. Gave a copy of the summons to the attorney and he will be there on the City’s behalf, however he could not be there on the 15^th so he had it set for 2 weeks later.

Project # 159 – State Building Code

The State of Minnesota updated their building codes. We have to change our ordinance # 1200 to enforce it properly.

The Council reviewed the revised ordinance which was approved by City Attorney and our Building Inspector.

This will be the 1^st reading.

A motion by Emerson seconded by Emerson to waive the 2^nd reading and approve this ordinance change. All Ayes, Nordstrom absent.

Project # 172 – Car Club

The Central Lakes Cruzers Car Club is requesting to have the Street blocked off from 1^st Avenue East to 1^st Avenue West from 6 am to 3 pm (leaving the intersections available to drive thru) on July 12, 2003.

A motion by Timmerman seconded by Emerson to approve this request. All Ayes. Nordstrom absent.

Project # 233 – Watershed

The council received the following:

Letter mailed to Mr. William Peterson with enclosures.

June 24 letter Gary Nordstrom received.

Gary Nordstrom’s memo to S.R.W.D.

Amended Permit # 02-03 Dated 6/17/03.

Letter received from SRWD to Gary Nordstrom dated 6/26/03, with bill.

Copy of letter from Tom Klemenhagen to Julie (SRWD) dated 6/24/03.

Mayor Astleford stated they have an appointment with Mr. Peterson on July 14^th, 2003 at 11 AM.

Motion made by Emerson seconded by Hagemann to approve the watersheds bill in the amount of $10,667.48. Hagemann, Emerson Ayes, Timmerman Nay. Nordstrom absent.

Project # 249 – Planning and Zoning

Hartmann – Go Cart and miniature golf – Planning and Zoning was to check the lighting with MnDOT to see if it is okay according to their guidelines.

A motion by Emerson seconded by Timmerman to approve the Planning and Zoning minutes with the exception the Hartmann’s property. All Ayes Nordstrom absent.

The Council asked the City Clerk to write a letter to Mr. Hartmann stating the stipulations of the Conditional Use Permit and ask him to come to the next council meeting and explain why some of the stipulations were not met.

Project # 312 – Osakis Onward

Councilmember Nordstrom is to report back to the Council on the survey on who is covering the expenses. Tabled till next meeting because Nordstrom was absent.

Project # 339 – Storm Water Utility District

Mike Dolan, City Attorney, has reviewed the Ordinance and has no problem with it.

There are approximately 30 to 40 parcels that would not be charged if on the utility billing.

A motion by Timmerman to adopt Ordinance # 401.50 (An Ordinance establishing a storm drainage utility and authorizing the imposition of storm drainage charges) and Resolution adopting fee and collection, Seconded by Hagemann. When put to a vote the Resolution passed unanimously, Nordstrom absent.

Project # 219 – Hwy 27

Mayor Astleford received a letter from Stahlberg Nyberg who received a letter from Duininck Brothers, Inc. requesting the retainage be reduced from $218,565.10 to an amount equal to 100% of the estimated Punch List value.

A motion by Emerson seconded by Hagemann to reduce the retainage to the amount estimated by Stahlberg Nyberg of $36,450.00 plus the estimated amount indicated by MnDOT’s Engineer. All Ayes, Nordstrom absent.

Tom Klemenhagen was in attendance stating he sent three plan sheets one for West Side Storm Water Facility (MnDOT’s exspense) and two for the East Side Storm Water Facility; which was done per item # 4 of the Amended Permit #02-03. Total estimated cost of the East Side is $58,865.40.

Motion made by Emerson seconded by Hagemann to enter into negotiations with Mr. & Mrs. Olson to purchase land for the East Side Storm Water Facility. Hagemann, Emerson aye, Timmerman nay, Nordstrom absent.

Councilmember Emerson was designated to contact Mr. Olson and set up land negotiations.

George Bender was in attendance requesting the city do something with the water which stands on his north east corner of his lot, where his RV parking is going to go.

Tom Klemenhagen will meet with Mr. Bender at the site to see if there is a remedy for the water.

Project # 347 – Job Opportunity Building Zones (JOBZ)

Information was given to the council explaining the JOBZ. Councilmember Timmerman asked if this was also given to the OEDC. The comment was that West Central Initiative is where OEDC request their money from so they should know about it.

Three different areas were mentioned by the Mayor to designate as a JOBZ; they are Industrial Park, Bender Motel RV Parking area and Withers Manufacturing,

No decision or action was taken.

Project # 348 – Land by New Watertower

Mr. & Mrs. Gus Berninghaus is moving old and building a new garage.

They found out the old garage and trees are on city property. The Berninghaus’ paid for a survey and got their attorney to prepare a Deed for the city to give the Berninghaus’ enough land so all garages and trees be Five feet (5) into their own property. They will also pay to get it recorded.

A Resolution was presented by Timmerman seconded by Emerson to give the Berninghaus’ the land needed. When put to a vote the Resolution passed unanimously. Nordstrom absent.

Project # 349 – Mn Urban & Rural Homestead Program.

Housing and Redevelopment Authority is requesting a letter of support for their application for a grant to the Mn. Housing Finance Agency.

They also request us to waive the Building Permit fees which will be able to be documenting the communities support.

No action taken.

Project # 350 – Osakis Lutheran Church

The Osakis Lutheran Church Member request to remove boulevard on Oak Street and install angel parking rather then a curb and gutter on Oak Street and have parallel parking.

The consensus of the council was to take the plan to the church council. The city will allow a drive over curb to enter the parking lot. However the council does not want to put the pedestrians on the street.

Mayor Astleford explained the incident pertaining to the police department’s gun range and Larry Schultz.

Larry wants his window paid for and the range to be closed and removed.

After some discussion Emerson made a motion to close the police department’s gun range and see if the city can obtain land from Mrs. Harley Frazer to have the gun range in the abandoned gravel pit seconded by Timmerman. All Ayes, Nordstrom absent.

Larry Dillehay gave the council 3 different request. The council stated that the request will have to be okayed by the City Attorney and the information Mr. Dillehay can receive will be given to him at that time.

A Motion was made by Timmerman seconded by Hageman to adjourn. All Ayes, Nordstrom absent.

Meeting adjourned at 9:50 pm.

__________________________________ ______________________________

Janice F. Flolid – City Clerk Gary L. Astleford - Mayor