The January 10, 2005 Planning Commission meeting of the Wahkon City Council was called to order at 6:00 p.m. by Mayor Sandy Reichel. Council Members present were Nathan Bassett, Kim Tyson, and Ronda Bjornson-Main. Employees Chris Weinreich and Karrie Roeschlein were also present.
Commercial planned unit development (PUD) and variance
request from Island View Resort was reviewed.
Mayor Reichel excused herself from the discussion due to the possible
conflict of interest in the fact that she also a resort owner. Property has been surveyed. Currently variance exists
allowing property abutting Highway 27 to be utilized with a setback no closer
than 20’ instead of the prescribed 50’.
Joan Rehberg formulated the PUD analysis allowing 2.61 in tier 1, three
cabins on-site, and 5.25 units in tier 2, seven recreational vehicles (RV’s)
on-site. All units existed at the time
of purchase from Angel’s Bayside Resort.
New owners wish to obtain a variance to continue with seven. Weinreich conferred with Lonnie Thomas of the
Department of Natural Resources (DNR).
Multiplier can be used due to the fact tier 1 is left as is. Angel’s Bayside did have eight RV’s at one
time. Thomas agreed with analysis of up
to six. Variance required for
seven. Island View Resort was commended
on work done thus far. Motion by
Bassett, seconded by Tyson to approve a variance to
Tyson would like Council to consider taking back the authorization of certain permits, as it seems questions have arisen after Weinreich’s approval. Reichel noted last permit that brought up questions was beyond his control. Tyson explained how she drives through town and is unsure if construction projects are permitted. Council agreed to continue allowing Weinreich to approve permits that meet all ordinance requirements. Council must approve variances, conditional uses and subdivisions.
Job Opportunity Business Zones (JOBZ) signs are available stating “Tax-Free Development”. Clerk needs to clarify price for two, as lowest quantity on price list is five.
City Attorney William Lines carbon copied a letter written to Greater MN Credit Union (GMCU) President Steve Ahlness requesting reimbursement of legal fees amounting to $2,396.50 regarding the demolition of the hazardous building located on Lots 11 & 12, Block 16, Wahkon by 1/18/2005. “In short, non-action and delay by GMCU has forced the City to follow through with the above enumerated procedures.” GMCU did demo building but after legal process was started.
Jeffrey Eye v. City of
Special Planning Commission Meeting to adopt new zoning ordinances will be held Monday, January 24, 2005 at 6:00 p.m.
Central MN Housing Partnership, Inc. forwarded a letter to introduce Program Manager Jason Krebsbach.
North Central Development Services forwarded letter detailing her services of business counseling, loan packaging assistance, grant writing, project management, non-profit board administration and development of marketing plans. Council was pleased with her assistance in drafting the Business Subsidy Policy and will consider utilizing her again when the need arises.
Motion by Tyson, seconded by Bjornson-Main. Motion carried unanimously. Meeting adjourned at 6:24 p.m.
_______________________________________ _______________________________________________
Karrie Roeschlein, City Clerk/Treasurer Sandy Reichel, Mayor
The January 10, 2005 Wahkon City Council meeting was called to order at 6:30 p.m. by Mayor Sandy Reichel. Council Members present were Nathan Bassett, Ronda Bjornson-Main and KimTyson. Employees Chris Weinreich and Karrie Roeschlein were also present.
Two letters of intent were received from Cindy Miklethun and Donald Ellis confirming their desire to fill the council member vacancy left by Pat Chouinard’s resignation. Both were present in the audience. Tyson’s personal opinion hasn’t changed in believing that Miklethun has shown more interest by attending the monthly meetings. Reichel’s opinion is also the same, as she believes the election results should be adhered to and Ellis should be appointed as receiving more votes. Bjornson-Main agrees with Tyson and Bassett agrees with Reichel, thus constituting a tie. According to the League of MN Cities the mayor is allowed to break the tie even if their vote was already cast. Motion by Reichel, seconded by Bassett to adopt Resolution No. 01102005 “A Resolution Filling Vacancy In The Office of Council Member” appointing Donald Ellis. Ayes: Reichel, Bassett. Opposed: Tyson and Bjornson-Main. Mayor Reichel has authority to appoint in the event of a tie. Motion carried. Clerk swore in Donald Ellis as council member.
Requirement of special election was discussed.
Motion by Bassett, seconded by Tyson to fill 2005 appointment of commissioners per Mayor Reichel’s recommendation as follows:
Kim Tyson as Acting Mayor &
Street/Sidewalk Commissioner
Karrie Roeschlein as City
Clerk/Treasurer
Mayor Sandy Reichel as Weed
Inspector
Donald Ellis as Park
Commissioner & Assistant Weed Inspector
Ronda Bjornson-Main as Sewer
Commissioner
Nathan Bassett as Municipal
Building Commissioner
And to designate the following to officially represent
the City of Wahkon in the year 2005:
First National Bank of Milaca,
Isle Branch & Greater MN Credit Union, Isle Branch - Depositories
Mille Lacs Messenger, Inc. –
Newspaper
Mathias C. Justin, Ltd. –
Accountants
William P. Lines and Sweeney,
Borer & Sweeney – Attorneys
S.E.H – Engineers
Ehlers & Associates Inc. – Financial Advisors
Motion carried unanimously.
Reichel questioned utilizing the same attorney year after year without investigating for better rates and overall service. League of MN Cities will forward examples of requests for proposals (RFP’s) for professional legal services. Council agreed to review RFP’s when they arrive.
Motion by Tyson, seconded by Bjornson-Main to approve minutes of the December 13, 2004 Planning Commission and Council meetings, September 15, 2004 Special City Council meeting and September 13, 2004 Planning Commission and Council meetings. Motion carried unanimously.
Citizens of Equal Rights Alliance (CERA) is requesting
donations to help fund the distribution of a CERF documentary. Reichel will abstain, as she is a part of the
documentary. Motion by Tyson,
seconded by Bassett to table CERA’s donation request. Ayes: Tyson, Bassett, Bjornson-Main and
Ellis. Abstain: Reichel. Motion carried.
Reichel was approached by a woman who congratulated her on doing a great job in Wahkon. Reichel wanted it known that it is the council and citizens that make Wahkon what it is. Thank you!
January 10, 2005; Council Mtg; Page 1 of 2
Mille Lacs County Zoning & Environmental Services carbon copied a letter written to Paul Petty regarding his septic system located at 340 Summit Avenue in Wahkon. “At this point, our office would require an independent compliance inspection be performed on the system, and file the appropriate papers with our offices and the State of Minnesota PCA.”
State Auditor’s office sent their report on best practices review “Cooperative Efforts in Public Service Delivery.”
League of Minnesota Cities forwarded a copy of their 2005 City Policies.
Initiative Foundation Workshop for Incumbents, New-Elects & Appointed Public Servants, Tuesday, January 25th, 9 a.m. – 4 p.m., Little Falls, $40. No one was interested in attending.
LMC Newly Elected Officials Leadership Conference in Grand Rapids in February, $240. No funds in budget for this. Reichel found it very informative and encourages attendance. Motion by Bassett, seconded by Reichel to pay expenses for Ellis and Bjornson-Main to attend the LMC Newly Elected Officials Leadership Conference in Grand Rapids on 2/25 and 2/26. Motion carried unanimously.
City Hall will be closed 1/17/2005 in observance of Martin Luther King Jr’s Birthday
State Capitol 100th Birthday Celebration letter from St. Paul invites all cities to participate in the festivities and promote the Centennial within their community. Date Wahkon became city could be celebrated.
East Central Electric has taken inventory of all streetlights and given them ID’s. Clerk to make request for map of streetlights.
Savage Communications will adjust their rates effective January 1, 2005 from $35.45 to $36.95.
Gopher State One Call approved a rate increase effective January 1, 2005. All underground facility operators will be assessed an annual user fee of $100 per terminal code. Wahkon has only sewer and will be charged one terminal code fee. Price per email ticket delivered will increase from $1.15 to $1.35. Voice-out and faxed tickets are much higher.
Central MN Council On Aging is looking for an advisory member to serve on their board, which meets at least six times a year. “Meetings will primarily be held in Mora the third Thursday of the month from 1:00 pm – 3:00 pm.” Applications are available at City Hall for anyone interested.
League of MN Cities Insurance Trust (LMCIT) forwarded information on 2004 Property/Casualty Dividend and 2004 LMCIT Property/Casualty Dividend – Calculations & Outlook. Wahkon received $1,090 in dividends, down $4 from last year. This is 28% of our premium. City should never depend on dividends to fund the budget. Adjusted losses are always calculated for as long as you are a member.
Motion by Tyson, seconded by Bjornson-Main to approve payment of checks #18018 through #18049 in the amount of $10,553.62. Motion carried unanimously.
Motion by Tyson, seconded by Bjornson-Main to adjourn. Motion carried unanimously. Meeting adjourned at 7:36 p.m.
________________________________________ _________________________________________
Karrie Roeschlein, City Clerk/Treasurer Sandy Reichel, Mayor
January 10, 2005; Council Mtg; Page 2 of 2
The January 24, 2005 Special Planning Commission meeting was called to order at 6:00 p.m. by Acting Mayor Kim Tyson. Council Members present were Ronda Bjornson-Main, Donald Ellis & Nathan Bassett. Mayor Sandy Reichel was absent. Employees Chris Weinreich & Karrie Roeschlein were also present.
This meeting is a public hearing to discuss proposed changes to Ordinance No. 2000-2 Building, Altering or Moving of a Structure; Ordinance No. 1998-5 Land Excavation/Alteration and Ordinance No. 1998-1 Manufactured Housing. Clerk followed instructions on proposed changes and redrafted an ordinance regulating zoning, which includes all of the above, as well as, zoning fees. Each subject is a section, making future amendments to them easier. Ordinance No. 2005-1 “An Ordinance Regulating Zoning” was read aloud and the following changes noted:
1. Placing regulations on storage of fish house was discussed. Clerk had obtained sample ordinances from League of MN Cities pertaining storage of recreational vehicles, boats, etc, some of which include fish houses. Council agreed to discuss this issue further when aforementioned sample ordinances are reviewed.
2. Include county’s Soo Line Trail setback requirement.
3. Park models are considered a recreational vehicle, but as they are usually not moved, they should fall under the same definition and requirements as a manufactured home. Primary structure definition should also apply.
4. Define cabin, industrial & hardship.
5. Council agreed not to impose the stricter lot requirements for duplex and triplex buildings beyond the 1,000 feet of Shoreland.
6. Structures that do not meet setbacks shall have the opportunity to obtain building permits on the sides that do conform to current setbacks. Approved permit shall state addition to non-conformity.
7. Culverts will not be required under driveways where there isn’t an existing ditch. Not adversely affecting neighboring properties clause would require driveway owner to address problematic drainage.
Audience member Cindy Miklethun requested city continue
allowing one time only one-year extension permits due to short construction
seasons and tight contractor schedules. Motion
by Bjornson-Main, seconded by Bassett to change the one time only six-month
back to the one-time only one-year permit extension. Motion carried unanimously.
Council agreed with Clerk’s request not to hold a special planning commission meeting in February due to upcoming audit and the month being short. Clerk to have proposed changes as noted above available for review at the regular February council meeting.
Motion by Bjornson-Main, seconded by Bassett to adjourn. Motion carried unanimously. Meeting adjourned at 7:35 p.m.
________________________________________ _______________________________________________
Karrie Roeschlein, City Clerk/Treasurer Kim Tyson, Acting Mayor
The February 14, 2005 Planning Commission meeting of the Wahkon City Council was called to order at 6:00 p.m. by Mayor Sandy Reichel. Council members present were Ronda Bjornson-Main, Donald Ellis and Nathan Bassett. Council member Kim Tyson was absent. Employees Chris Weinreich and Karrie Roeschlein were present.
Mille Lacs County Zoning & Environmental Services forwarded letter regarding property PID #25-041-0360 owned by Marcie Hiltunen with possible violation of MN Wetland Conservation Act. “At this point, it appears, and was documented in 2002, that some wetland impact has occurred, which meets the 400 sq ft exemption allowance. However, the current spoil pile located on the existing access path (see photo) to the trailer unit off of Hwy 27 could exceed the 400 sq ft limit if it is intended for additional wetland filling. Additionally, this spoil has not been adequately stabilized, which is required by the MN Wetland Conservation Act.” County was given authority to enforce wetland issues in Wahkon.
Jobs Opportunity Business Zones (JOBZ) Tax Free Development Signs are free. Three have been ordered two for both main entrances into town and one to be placed on-site.
Wahkon is requesting reimbursement of attorney fees relative to demolition of a hazardous building owned by Greater MN Credit Union. They are asking for an itemized list of expenses. Attorney William Lines should respond as he wrote the original request.
Minnesota Pollution Control Agency (MPCA) letter states they are closing the file on the petroleum tank at 190 North Main Street owned at the time by Mr. & Mrs. Dale Savsten. MPCA has “…determined that your investigation and/or cleanup has adequately addressed the petroleum tank release at the site…”
Clerk made changes to the Zoning Ordinance as directed by council at the January special planning commission meeting. County setback from the Soo Line Trail easement is zero. Bjornson-Main asked about fish house regulations. Not included in zoning, but would be discussed when reviewing recreational storage ordinances. Ellis noted that in the future stricter regulations should apply to mobile home parks under a separate ordinance. Motion by Ellis, seconded by Bjornson-Main to adopt ORDINANCE NO. 2005-1 “AN ORDINANCE REGULATING ZONING.” Motion carried unanimously. Weinreich is concerned that allowing structures to have a zero setback from the Soo Line Trail easement may cause problems with drainage by filling in ditches. Trail easement is 50’ within city limits. Clerk to review minutes for possible error in stating trail easement width. Reichel requested Weinreich check areas in town where this may be a problem and to bring findings to next meeting. Currently property owners are responsible to correct any adverse drainage problems they create.
Duke Addicks, an attorney from the League of MN Cities who was instrumental in the drafting of the Basic Code of Ordinances, will be available to meet with Council at no charge.
Motion by Bjornson-Main, seconded by Bassett to adjourn. Motion carried unanimously. Meeting adjourned at 6:17 p.m.
______________________________________ ___________________________________________
Karrie Roeschlein, City Clerk/Treasurer Sandy Reichel, Mayor
The February 14, 2005 Wahkon City Council meeting was called to order at 6:30 p.m. by Mayor Sandy Reichel. Council members present were Ronda Bjornson-Main, Donald Ellis and Nathan Bassett. Council member Kim Tyson was absent. Employees Chris Weinreich and Karrie Roeschlein were present.
To be more efficient Reichel would like meetings to immediately
follow each other. Motion by Bassett,
seconded by Bjornson-Main to have the Clerk draft an ordinance stating that all
council meetings will immediately follow planning commission meetings. Motion carried unanimously.
Motion by Bjornson-Main, seconded by Bassett to approve
the minutes of the 1/10/2005 Planning Commission and Council meetings,
1/24/2005 Special Planning Commission meeting, 9/8/2004 and 9/7/2004 Emergency
meetings, 7/12/2004 Planning Commission and Council meetings, 5/24/2004 Special
Planning Commission meeting, 5/10/2004 Planning Commission and Council
meetings, 4/26/2004 Special Planning Commission meeting, and 4/12/2004 Planning
Commission and Council meetings. Clerk
to check minutes and correct if necessary, reference to Soo Line Trail easement
as 50 feet. Motion carried unanimously. Clerk is caught up on all minutes.
Howard Paulsen forwarded to Wahkon his letter written to Mr. Lindgren (Mille Lacs County Sheriff) stating disappointment that his vehicle was towed from North Main on 1/19/2005. “I have lived here for 83 years, with about 1,200,000 miles without a problem, and then I get this. Where is compassion? What happened to “serve and protect?” Yes, I am not a happy camper, and I am looking for answers.” Council directed Clerk to send Paulsen a letter explaining the city had nothing to do with towing his vehicle and that it was unfortunate incident. Being parked on the sidewalk in front of a business may have caused the problem. Citizens should contact the county and explain the situation immediately.
Pat Heinsen requested the Clerk note her extreme displeasure with animals being allowed to roam through town and utilize her property as their toilet facilities. She is unsure what dogs are doing this as she works, but knows it is happening as her dog is restricted to a certain area. Soon a mailing will be sent to all citizens regarding zoning and sewer changes, leash law will also be noted. Council asked Messenger reporter in the audience to make note in his column. Bjornson-Main stated the dog near her residence is no longer a problem due to a letter being sent.
Dan Viau gave Council handout of discussion topics. Force main cleaning draft plan and specifications ready for his review and will be submitted to Weinreich by 2/21/2005. This project is separate from wastewater project and quotes will be obtained through Weinreich. Project plans are ready for review. Permission to advertise in Messenger and Construction Bulletin were granted. Contractors will be required to attend a pre-bid meeting. Opening of bids will be separate meeting. According to Viau both meetings do not require full council attendance. Clerk and Viau will set up workshop meeting dates and times. Bids will be awarded at a council meeting. Construction should begin in May and be completed in November of this year.
Gary Anderson was present to ask Council what plans have been made to address more drainage at the new pond. As neighboring landowner, he claims rise in water levels has adversely affected his land. Berm maintenance is required by MN Pollution Control Agency (MPCA). City found a signed and recorded berm easement from Mille Lacs County. Due to the drainage issue, a special meeting of the appropriate agencies was held. Required environmental impact statement was found to have no significant impact. Next step was permitting process, which has been completed. Anderson did write a letter to Lynott of MPCA. Reichel explained how city jurisdiction does not extend beyond the ponds. Beaver dams and fallen culverts are out of city control. All proper MPCA steps have been taken. If city raises berm the water will rise even higher and affect more of his land. Viau stated the berm would only need to be maintained and not raised at this time. Berm was raised back in the 1990’s without contacting landowners per Anderson. Council is unsure what transpired back then. Anderson is welcomed to review minutes and files at city hall.
Community Hall refrigerator has a slow leak in the compressor. Cooper Refrigeration could get it running again for $700 but the leak would be practically impossible to find. Senior Dining needs a fridge for their twice-weekly lunches. Kitchen facilities are nice to have for hall rentals. Clerk would also appreciate a fridge. Wahkon Civic Associated received the fridge as a donation. Weinreich to check prices. Charitable Gambling funds can be utilized for senior dining usage.
Minnesota Rural Water Association (MRWA) conference will be held soon at the Kelly Inn in St. Cloud. Weinreich can take his water exam, as his three-month apprenticeship with Isle is complete. Thank you City of Isle! Council agreed Weinreich should attend to take the test, gather information and to form networks. Sewer Commissioner Bjornson-Main may also attend one of the five days. Wahkon is now a MRWA member. They are an exceptional organization and have helped Weinreich in many ways.
February 14, 2005; Council Mtg; Page 1 of 2
Treasurer’s Financial Report for December had an ending balance of $242,199.75. Statement of Receipts, Disbursements and Balances (Schedule 1) and Cash Control Statement for unaudited year of 2004 reflected the same ending balance as above.
Council
adopted $5,000 for the Police Fund in 2004.
Clerk was directed to purchase a certificate of deposit (CD) with these
funds after receiving the first half payment of the tax levy in 7/2004 in order
to begin saving for a future police department.
CD couldn’t be purchased at that time as the minutes were not written
and approved. All minutes are now
complete. Annual percentage rates have
increased since then. According to 2004
budget figures, receipts were down $829.66 and disbursements over by $8,055.79
without this purchase. Clerk wants to
know if Council still wishes to purchase the Police Fund CD. No Police funds were appropriated for 2005. When and if a police department is needed,
grant funding should be available. Don’t
want to burden the taxpayers unnecessarily.
Legislative changes may be forthcoming that would restrict cities from
raising future tax levies. Motion by
Bjornson-Main, seconded by Ellis to amend 2004 Budget disbursement account
#42100-300 Police Professional Services from $5,000 to zero. Motion carried unanimously.
10% Charitable Gambling Fund received $8.54 from Onamia Lions Club for 12/2004 and from Wahkon Civic Association $16.23 for 11/2004 and $37.46 for 12/2004. Reichel requested next month’s agenda include a debate of the benefits of this fund versus how charitable gambling funds were received before. Expenditures from mandated donations are very restrictive, while donations given freely can be used for anything.
2003 Minnesota City Finances report from the Office of the State Auditor is available for review at city hall.
City Hall will be closed 2/21/2005 for President’s Day.
Motion by Bassett, seconded by Bjornson-Main to purchase the same quarter page black and white ad as last year in the Mille Lacs Messenger 2005 Progress Edition for a fee of $145, which includes being listed on the “Honor Roll of Business.” Motion carried unanimously.
Onamia Lions Club is renewing their license to conduct
gambling at Morning Star Market. Motion
by Bjornson-Main, seconded by Ellis to adopt Resolution No. 021405 “A
Resolution Approving Charitable Gambling Within The City Limits of
Wahkon.” Motion carried unanimously.
Several city examples of request for proposals (RFP) for professional legal services were received from the League of MN Cities (LMC). Wahkon would not require attendance to every meeting as other cities do. Attorney services have not be questioned in many years. Council agreed we need someone aggressive for the city. LMC has a list of attorneys, but can’t recommend one over another. Get list, but only send to those in closest proximity. Clerk to piece together a RFP from the samples given and bring to next month’s meeting for council approval.
Fire protection from City of Isle Fire Department has increased from $4,600.86 annually to $6,519.64. Contract will be annually instead of previous three-year period. Increased property values is reason behind increase. Isle lowered the mil rate from 3 to 2.5 in order to keep fees down. Motion by Bjornson-Main, seconded by Bassett to enter into Contract for Fire Service from the Isle Fire Department for a period of one-year beginning 3/1/2005 for a fee of $6,519.64. Motion carried unanimously. Budget for 2005 will be off.
Motion by Bjornson-Main, seconded by Bassett to approve payment of checks #18050 through #18092 in the amount of $14,462.42. Motion carried unanimously.
Motion by Ellis, seconded by Bjornson-Main to adjourn. Motion carried unanimously. Meeting adjourned at 7:26 p.m.
_______________________________________ ______________________________________
Karrie Roeschlein, City Clerk/Treasurer Sandy Reichel, Mayor
February 14, 2005; Council Mtg; Page 2 of 2
The February 28, 2005 Special Planning Commission meeting of the Wahkon City Council was called to order at 2:07 p.m. by Mayor Sandy Reichel. Council Members present were Ronda Bjornson-Main, Kim Tyson, and Donald Ellis. Council Member Nathan Bassett was absent. Employee Karrie Roeschlein was present. Employee Chris Weinreich was absent.
Mayor Reichel called this meeting to begin the process of reviewing current Wahkon ordinances, resolutions and/or policies to the Minnesota Basic Code of Ordinances. Also on the agenda is Zoning Ordinance No. 2005-1 Summary for adoption.
Present was Duke Addicks, a semi-retired attorney from the League of MN Cities (LMC) who was instrumental in the drafting of the Basic Code of Ordinances. Approximately 70 cities have adopted the code most of which have a population under 500. Cities are not required to adopt the full code, sections can be removed if they don’t apply or are just not wanted. Clerk instructed to blackmark sections not adopted. When revised, blackmark that one too in order to have full code for reference. When legislative changes are made, supplements will be sent. In purchasing the Code, three supplements are included. Wahkon will receive two more. Next one will be in the fall of 2006. The following comments were made while reviewing the full Basic Code:
1. Ellis questioned if city has authority to govern lights, sidewalks, etc. on Highway 27, Wahkon’s Main Street? Short answer is yes, but the right of way should be known. Installation of curb and sidewalk requires an approved MN Department of Transportation (MnDOT) permit.
2. Title I General Provisions. Resolution to Adopt Provisions of Basic Code 10.98 and a Schedule of Offenses and Voluntary Administrative Penalties. Example sets penalty at $75 but can be as high as $1,000. This new section allows city clerk or any designated employee to send letter to those in violation. Don't have to take them to court necessarily. State motor vehicle laws supercede Basic Code. Public hearing is required for accused violators. Good idea to have city attorney attend in order to gather evidence should legal recourse be necessary. Take legal route if fines are unpaid. City attorney should be comfortable with implementing the Basic Code and must be familiar with administrative penalties.
3. Before entering someone's property, you must have their permission or obtain an administrative search warrant. Make sure city attorney is competent in this area also. Real easy to get search warrant. LMC has examples. If you violate someone’s civil rights or do not follow due process, city can be sued. League of MN Cities Insurance Trust (LMCIT) would pay damages, but not attorney fees.
4. Most cities have a separate planning commission board from council. Wahkon would not be required to change though. Make sure minutes are kept separate.
5. Title III Administration. Section 31.48, page 15 pertains to zoning. We don’t have a comprehensive plan. Greater MN isn’t required to have one, but metro area is. We should follow variance procedures. Our zoning ordinance includes LMC variance definition, which mentions undue hardship.
6. Park leave in or take out. Could create one by resolution.
7. Title V Public Works. MN Rural Water Association approved the basic code water and sewer ordinances. Read through them.
8. Storm water allows cities to establish a district and tax accordingly. Government building, churches, schools don’t pay taxes, but could be assessed.
9. Suggest we don't disconnect citizen sewer connections. Wahkon does not this ability. Section 50.405 states delinquent fees can be assessed. We collect interest.
10. Title VII Traffic Code. Parades require permit from city. Addicks suggested we leave it in. Review further.
11. Section 70.02 should be removed due to trucking businesses in town. .
12. Section 70.06 restricts u-turns at intersections regulated by a traffic control signal. Many people make u-turns to the post office. Probably can't be enforced unless sign is installed or police witnesses it.
13. Section 70.10 restricts the use of jake brakes. If adopted state would put up signs on both side of town at no charge.
14. Should adopt ordinance for one-sided parking only on South Main in order to enforce it. See Section 71.03 and install signage.
15. Section 71.05 and 71.08 wouldn't work here and should not be adopted.
16. Chapter 72 Snowmobiles should be adopted if we want to be more restrictive.
17. Section 73.08 regulates golf carts through required city permit. Give rules when they get permit.
18. Title IX General Regulations. Section 90.15 regulates abandoned vehicles on public property. Blight section regulates abandoned vehicles on private property.
19. Dutch elm is coming back and treatment will be required. If within street easement, city may be responsible.
20. Go through Title IX and remove what you don't want to enforce.
21. Wahkon’s blight definition was read. Should be more specific. Review basic code. Section 92.23 Abatement outlines the proper procedures and must be followed.
22. Section 92.19 Nuisance Parking & Storage mentions fish houses. Section 92.21 Building Maintenance & Appearance. Some council members wish to regulate commercial fish house storage. Currently no regulations exist. Addicks can draft an ordinance once decisions have been made on this subject.
February 28, 2005, Special Planning Commission Mtg; Page 1 of 2
23. Basic code states weeds in excess of 12”. Current Wahkon ordinance is greater than 8”.
24. Clerk/Fire Warden should review Sections 92.60 through 92.99 Open Burning.
25. Section 93.20 Right-of-Way Construction Regulations. Telephone companies are allowed to install their lines anywhere they want. City has more control over electric and cable line installation. Permits would be required.
26. Title XI Business Regulations. Chapter 112 Liquor Regulations. Revocation does not apply to liquor. Must reference 3.2 malt and not “non-intoxicating”. Penalties 112.99 are enforceable. Addicks suggests we use Basic Code.
27. Chapter 113 Peddlers & Solicitors. Wahkon ordinance was adopted in 1912. We should use LMC. Exempts non-profits (scouts, 4-H, etc). Jehovah Witnesses don't have to register as it is considered freedom of speech. Regulations apply to commercial. Politicians are exempt too.
28. Chapter 115 Tobacco. Don’t adopt, as Mille Lacs County currently regulates.
29. Chapter 116 Regulating Lawful Gambling. Go with what we have instead of Basic Code as they have more regulations.
30. Chapter 117 Garage or Rummage sales restricts a continuous sale. City should adopt this chapter.
31. Chapter 118 Public Dances & Special Events. Such events should be on record. Graduation parties are excluded.
32. Chapter 119 Adult use. Every city must have commercial viable location available to them according to law. Can’t entirely exclude them. Wahkon ordinance should be amended to read within 1,000 feet of residential owned property unless a conditional use permit is approved. Any section found to be in error invalidates the entire ordinance. If we keep our ordinance, we should remove (C) on page 6 of Title XV Land Usage. Viable location doesn't have to be serviced by sewer or water. If county is licensing adult uses, Wahkon shouldn't have an ordinance as county has more resources, attorneys and broader tax base. Clerk to contact county. Addicks explained necessity of having good findings on issues being regulated. That is why the attorney general's opinion is included in the code, see appendix II.
33. Title XIII General Offenses. Section 130.02 Discharging Firearms does not mention bow & arrow as Wahkon’s ordinance does. Suggested we use Basic Code.
34. Section 130.02 Curfew For Minors should be adopted. Case currently enroute to U.S. Supreme Court may change ability of cities to enforce curfews. As of now, Minnesota can enforce curfew laws.
35. After city receives three supplements, a fee would be charged for future ones.
36. Section 130.04 Fireworks should be kept.
37. Title XV Land Usage. Chapter 153 Anti-Blight Regulations, Section 153.05 Location of Sexually Oriented Businesses should be included in our adult use and zoning ordinance. Suggested we adopt 153 except 153.05. Sexually oriented business may locate only if conditional use permit is approved.
38. Wahkon ordinances regulating cable franchise, private docks on public property, elections, Minnegasco, pipeline, public trespass (basically adopted state law), shoreland management, recycling, and pawn brokers/second hand goods should be kept.
39. LMC will be hiring a land use attorney to review city-zoning ordinances. Look for announcement soon, and then send in Wahkon’s zoning ordinance. LMCIT defends cities at district court level. Largest area of claims pertains to land usage. Court cases can be lost if cities do not follow the 60-day rule. Section 151.49 and 151.53 should be followed. Permit applications are considered complete after 15 days from date received. If further information is required, contact them before the 15-day mark. Decision on application must be made within 60 days. Extension can be made once for additional 60 days if notification is made to applicant. Even if applicant is in the audience when decision is made, official written notice must be sent before the 60-day deadline.
40. Addicks suggested council go through Basic Code one more time at a special meeting. Public hearing notice should be published stating Wahkon is considering the adoption of Minnesota Basic Code of Ordinances.
41. See model ordinance establishing fees. Resolution is okay in some instances, but as ordinances must be published, the public is abreast of changes. Land Use fees must be established through an ordinance.
Zoning Ordinance No. 2005-1 was adopted at 2/14/2005 meeting, but did not include a summary. As it stands, the entire ten-page ordinance would need to be published. Clerk drafted summary and if adopted, will be published with the required time frame of 45 days from ordinance adoption. After today’s meeting, changes may be forthcoming, but council felt the process should be concluded for this particular ordinance. Motion by Tyson, seconded by Bjornson-Main to adopt ZONING ORDINANCE NO. 2005-1 SUMMARY. Motion carried unanimously.
Council will review Basic Code individually and make notes. Next special planning commission meeting on 3/28/2005 at 6 p.m. will be the public hearing for final review and possible adoption of the Minnesota Basic Code of Ordinances. Clerk to publish notice in Messenger.
Motion by Tyson, seconded by Bjornson-Main to adjourn. Motion carried unanimously. Meeting adjourned at 4:11 p.m.
___________________________________________ ___________________________________________
Karrie Roeschlein, City Clerk/Treasurer Sandy Reichel, Mayor
February 28, 2005; Special Planning Commission Mtg; Page 2 of 2
The March 14, 2005 Planning Commission meeting of the Wahkon City Council was called to order at 6:00 p.m. by Mayor Sandy Reichel. Council Members present were Ronda Bjornson-Main, Kim Tyson, and Donald Ellis. Council Member Nathan Bassett was absent due to work. Employees Chris Weinreich and Karrie Roeschlein were present.
Martha Bjornson’s scheduled conditional use public hearing began without her in attendance. Not going to have a rental apartment as first planned. Originally conditional use permit (CUP) was granted to previous owner that ran a seasonal quilting supply retail store with residence attached. Bjornson wishes to have tanning beds, gift and coffee shop. Discussion ensued as to how the first CUP applies today to the property. Does it continue to apply to the land or to the business? Clerk read previous CUP stating specific business details. If deviated from, then it was assumed another is needed, especially since this is year round. No decision will be made as she isn’t in attendance and notification isn’t accurate. Additional meeting would require special meeting fee.
Council began to discuss sign policy. If business with CUP is using same posts,
sign can be changed without permit if same size or less. Permit is required if changing or moving the
posts. Increase of signage and using
same posts requires permit. Signs
require variance to be closer than 20' from street. Maintenance of posts okay without permit. Ronda Bjornson-Main is now a real estate
agent, is a revised CUP necessary in order to display a sign? On Lake Shore Blvd there are two signs
advertising. City doesn’t regulate home
business, gray area. Darlene Rogne
obtained CUP for her sewing and alteration home business. Motion by Tyson, seconded by Bjornson-Main
that any form of home business where signage is displayed requires a
conditional use permit in order to keep neighbors informed. Motion carried unanimously.
Motion by Tyson, seconded by Bjornson-Main that signs utilizing existing posts and remaining the same size or less do not require permit. Motion carried unanimously.
Motion by Tyson, seconded by Bjornson-Main to take five minute recess allowing time for Martha to arrive. Motion carried unanimously. Recessed at 6:31 p.m. Meeting reconvened at 6:36 p.m.
Martha is now in attendance.
Two tanning units, a coffee/gift shop and rear residence. Unsure if there would be objections to the
coffee shop as it wasn't included in the public notice. Coffee and muffins, not a restaurant. State food handling license is not required
as nothing is being prepared on site.
Diagonal parking could be utilized within 2nd Street
easement. Motion by Ellis, seconded
by Tyson to approve CUP to Martha Bjornson to conduct a year round craft and
coffee shop with tanning beds located at 185 North Main, PID #25-040-0950,
described as Lots 8 – 18, Block 16, Wahkon.
Ayes: Ellis, Tyson, and Reichel.
Opposed: None. Abstain:
Bjornson-Main. Motion carried.
Motion by Tyson, seconded by Bjornson-Main to adjourn. Motion carried unanimously. Meeting adjourned at 6:43 p.m.
_______________________________________ ______________________________________________
Karrie Roeschlein, City Clerk/Treasurer Sandy Reichel, Mayor
The March 14, 2005 Wahkon City Council meeting was called to order at 6:44 p.m. by Mayor Sandy Reichel. Council Members present were Ronda Bjornson-Main, Kim Tyson, and Donald Ellis. Council Member Nathan Bassett was absent due to work. Employees Chris Weinreich and Karrie Roeschlein were present.
Motion by Bjornson-Main, seconded by Ellis to approve minutes of the 2/14/05 Planning Commission and Council meetings and 2/28/05 Special Planning Commission meeting. Motion carried unanimously.
Engineer Dan Viau of S.E.H was present to discuss wastewater pond project schedule and cost update. Updated cost estimate shows increase of $460,000 from 6/2003 engineering study; construction design totals $1,260,000. At the onset of planning it was determined the pond site must be shifted from the east to the south. Some how engineers did not anticipate water table elevation difference, requiring more borrow and excavation, additional $287,500. Wetland mitigation, select granular borrow and control structures indicate increase of $110.000. Have to move forward and hope competitive bids will prevail. Pontoon and rail system is not included in project construction bid. The $800,000 original 6/2003 study included 20% contingency. New estimate is 58% above that. Per Viau the ponds are designed at an elevation that works, wetland mitigation has to be done. Could decrease the cost through less material, but ponds would not run by gravity. Water table is controlling elevations; must have 4' from water table to bottom of pond. Meeting with financial advisors will be set.
PFM Group is requesting opportunity to submit proposal to serve as financial advisor. “Competition in the selection of a financial advisor would be the same process the city is using to obtain construction bids on the project and the same way the bonds would be sold, it only makes sense to use this same competitive process to select a financial advisor for the sale of bonds.” Originally hired Ehlers Associates in 2003 at a cost of $35,000. Ehlers is reputable and has been working with us since onset. S.E.H believes there are top notch. Council agreed to continue with Ehlers Associates. Set up conference call to inform Ehlers of increased project costs. City began collecting increased sewer rates in 2003. Motion by Tyson, seconded by Bjornson-Main to continue with Ehlers Associates as financial and bond consultants in reference to the wastewater system improvement project. Motion carried unanimously.
Weinreich gave report. Bjornson-Main has been brought up to speed on wastewater project. Matt Huddleston of Mille Lacs County Zoning was contacted regarding septic system inspections. As City has not adopted Chapter 70/80 rules, jurisdiction falls to the county. It will be necessary to have individual systems in some areas before City can afford to extend sewer Check valve failed on lift station. Quote to change check valve from ball to flapper, $32,500. Service checks should be conducted annually. Viau stated that if a dry pit is considered, it would include new check valves and everything could be moved into it. Wastewater runs through magnetic meter. Good monitoring tool, much safer maintenance access and better environment for equipment.
Refrigerator isn’t working in community hall. Cheapest found is 18 cubic foot Whirlpool at Sears, $449. Senior Dining uses the fridge. Motion by Tyson, seconded by Bjornson-Main to purchase a Whirlpool refrigerator from Sears for $449 with funds from the Charitable Gambling Fund, as use is predominately for senior dining. Motion carried unanimously.
Some citizens want horseshoe pits in City Park. Waiting for Wahkon Civic Association (WCA) plan, which must be approved by City. New cement culvert, bridge over creek are some ideas. May get outside organizations involved.
Budget for maintenance of streets is $17,500, including blacktop and ditching. There are serious problem areas. Next big project after wastewater will be streets. Maintain for now.
Communications and Notices included Regional Economic Development Group (RED) – McKnight & Blandin Foundations; and Renew the Partnership: A Principled Approach To Financing City Government – League of MN Cities (LMC) Financing Local Government Task Force.
Alleged Misappropriation of Funds @ Berkley Risk Administration Co. (BRAC) – League of MN Insurance Trust (LMCIT) states “Initial findings of BRAC’s investigation, conducted in conjunction with federal authorities, indicate that LMCIT funds have not been affected.”
March 14, 2005; Council Mtg; Page 1 of 2
2005 County Noxious Weed Training Conference, Tuesday, March 29th, Embers America/Barbara Jeans in Milaca at 1:00 p.m. Mayor can not attend due to work. Ellis, Assistant Weed Inspector and Weinreich will attend.
Schedule of LMCIT Safety & Loss Control Workshops was provided.
Ordinance No. 2005-2 will set Planning Commission meetings to be held at 6:00 p.m. and all regular Council meeting shall immediately follow. Should there be no business for the Planning Commission, Council meeting can be held promptly at 6:00 p.m. Council wanted these meeting to run one right after another in order not to waste time between them. Motion by Tyson, seconded by Bjornson-Main to adopt ORDINANCE NO. 2005-2 “AN ORDINANCE ESTABLISHING MEETINGS OF THE WAHKON PLANNING COMMISSION AND WAHKON CITY COUNCIL.” Motion carried unanimously. Everyone will be informed that all meetings begin at 6:00 p.m.
Minnesota Rural Water Association Membership (MRWA) renewal is due. Very beneficial organization. Motion by Tyson, seconded by Bjornson-Main to authorize payment to renew annual membership in the MRWA through Option B for $195. No contribution at this time towards Rural Water Partnership Fund. Motion carried unanimously.
Current Wahkon mileage rate is .27 cents. Gas prices have increased substantially. Isle is .32 cents and Onamia is .405, which is same as IRS rate. Motion by Tyson, seconded by Bjornson-Main to increase mileage reimbursement to .405 cents per mile. Motion carried unanimously.
Letter received to extend RVS software maintenance agreement, which expired 3/11/05. Agreement would include program updates. Technical support is still free. Clerk doesn't feel it is necessary. Council agreed.
MN Smoke-Free Coalition consisting of the American Hearth Association, American Lung Association and American Cancer Society forwarded “Resolution Of Support For The Freedom To Breathe Act” for Wahkon to consider adopting. Mayor indicated business owners should be given opportunity to discuss this prior to adoption. Tobacco should be illegal if this is what they want. Liquor businesses can sell cigarettes, but not smoke in them. Council agreed to table this matter.
Resolution is required for authorization of signatures on
city accounts as they have changed.
Clerk Roeschlein, Mayor Reichel and Acting Mayor Tyson will be
authorized signers. Motion by
Bjornson-Main, seconded by Ellis to adopt First National Bank of Milaca
Resolution “Government/Municipal/Public Funds Banking Resolution.” Ayes: Bjornson-Main and Ellis. Opposed: None. Abstain: Reichel and Tyson. Motion carried.
Motion by Tyson, seconded by Bjornson-Main to approve payment of checks #18093 through #18125 in the amount of $15,002.67. Motion carried unanimously.
Motion by Bjornson-Main, seconded by Tyson to adjourn. Motion carried unanimously. Meeting adjourned at 7:48 p.m.
_____________________________________________ ___________________________________________
Karrie Roeschlein, City Clerk/Treasurer Sandy Reichel, Mayor
March 14, 2005; Council Mtg; Page 2 of 2
The March 28, 2005 Special Planning Commission meeting of the Wahkon City Council was called to order at 6:00 p.m. by Mayor Sandy Reichel. Trustees present were Kim Tyson, Nathan Bassett, Ronda Bjornson-Main, and Donald Ellis. Employee Karrie Roeschlein was present. Mayor Reichel has called for special meetings of the Planning Commission to be held the fourth Monday of each month to begin the process of reviewing current Wahkon ordinances, resolutions and/or policies to the Minnesota Basic Code of Ordinances. It is possible the Basic Code may fully or partially be adopted at this meeting.
Clerk has requested clarification of conditional use status. As of recently it has been stated that the conditional use pertains to the business operation of a particular building, which is outlined extensively (craft shop, tanning, coffee, etc). In researching Northern Inn’s conditional use permit it doesn’t give specifics but states “Commercial is a conditional use in Wahkon, this is to combine commercial with residential.” It was approved and recorded as such and seems to grant any type of business. Employee Chris Weinreich arrived at 6:03 p.m.
According to Lonnie Thomas of the DNR, Wahkon is the only city where every parcel is residential in nature, thus requiring conditional use permits for any other usage. He suggested a list of businesses be compiled that Council wants to see in town. If a property already has a conditional use permit and their business changes to one on the approved list, the use would remain. Adult use business would not be on an approved list and is regulated through it’s own ordinance. New business owners could be required to provide updated information to the city for administrative purposes, either through a required permit or as a courtesy. Issues such as parking, drainage, etc. could be addressed at that time.
Council discussed how NRS took over the old laundromat/car wash building. Due to the fact they do light industry a new conditional use permit should have been required. Type of business should be known for sewer treatment purposes.
Council agreed conditional use shall apply to the property as a land usage and not on a particular building. Once a conditional use is granted commercial status, daily business operation may change as long as it continues to be commercial in nature. New conditional use permits would be required if a commercial business changes to industry. Adult use and pawnbrokers must adhere to the ordinances regulating such activities. Change of business ownership will require information form be sent welcoming them and asking for pertinent information such as names, mailing address, type of business, etc. If parking and/or traffic would increase substantially, city can require a meeting to address these concerns. Clerk to inform realtors in the area about this matter.
Bassett stated his property is commercial/residential. His property is the old church, which was not technically zoned commercial but had grandfather status, which is now exempt.
Sign permits need further clarification also. At the last council meeting two motions were passed (1) if signage is displayed, a conditional use permit is required and (2) maintenance or changes to signs utilizing existing poles would not require a permit if dimensions were not increased. Would the installation of individual plastic lettering on a building require permit? Northern Inn and Pepperberry’s never obtained one. No permit necessary if attached flat to the building. If hanging over public property, i.e. sidewalk, permit required. If conditional use applies to permitted commercial uses of the entire parcel, does every advertisement sign require permit? Mugg’s never obtained one. No permit for signs advertising a business that has a conditional use if they are on the building or displayed in windows. Bjornson-Main can now advertise real estate from her business as her conditional use grants her entire property commercial/residential status. Home based business with signage would require conditional use permit in order for the neighboring community to be aware of the situation. What about signage relating to parking, informational, directional, addresses etc? No permit required if signage is on the fence, even if in city easements. Addresses require no permit. Should fee of $40 apply to a small sign as well as billboards? One fee applies to all signs.
Steven Mattson of Nothland Securities stated city would save money if his company underwrote the upcoming sewer project bonds. Mattson owned Juran & Moody, which did Wahkon’s refunding obligation bonds back in 1988. Ehlers & Associates have been working with Wahkon since the onset of the project. Ehlers would ensure competitive bidding, as they are not in the market to purchase bonds, while Northland is. Motion by Tyson, seconded by Bassett to continue with Ehlers & Associates, Inc. as our financial advisor relative to the wastewater pond expansion project. Motion carried unanimously. Clerk has completed Ehlers questionnaire regarding city finances.
Council began reviewing the Minnesota Basic Code and decided upon the following:
1. Title I General Provisions, Appendix I. Set administrative penalty at $250, which would only apply if and when resident stopped working with the city to remedy the situation.
2. Title III Administration, Chapter 30 General Provision, Section 30.04 Order of Business (B) Petitions & agenda. “All persons desiring to present new business before the City Council shall inform the City Clerk thereof at least 72 hours before new business is to be heard.” Wahkon requires eleven days prior notice, not including meeting date. Clerk to contact Duke Addicks at League of MN Cities (LMC).
3. Chapter 31 Departments, Boards & Commissions. Remove
March 28, 2005; Special Planning Commission Mtg; Page1 of 2
4. Chapter 32 Emergency Management. Remove. Basements in Wahkon Inn and old Sacred Heart Church were designated as storm shelters. Wahkon Presbyterian Church has a basement but someone would need to have the key. What does Isle have? Chris Weinreich to investigate further.
5. Title V Public Works, Chapter 50 Garbage & Rubbish. Remove
6. Chapter 51 Sewer Regulations. Code state structures within 200 feet must connect. Paul Petty would not be required. Individual treatment systems are required to be inspected. Mille Lacs County would do a few for us each year. If more than that, city may need to hire inspector. Section 51.112 Administration definition. Is that the same as the appendix I under Title I?
7. Section 51.060 Conformance To State Building & Plumbing Code Requirements. Bedding of pipe is currently regulated and must be inspected.
8. Section 51.113 Establishment Of A Sewer Service Charge System (B) “proportionate contribution.” As we do not charge per gallon does this apply?
9. Flow meter requirement at Mille Lacs Island Resort was discussed. City has been instructed by their engineer that one should be installed at MLIR for accurate documentation of usage.
10. Section 51.114 Determination Of Sewer Service Charges. City has nothing written. Determination is made on a case by case basis. Wahkon doesn't have meters. Average fee per utility is $40, Wahkon is $25.75.
11. Section 51.116 Administration (B) “user will be notified annually in conjunction with a regular billing of that portion of the sewer service charge attributable to operation, maintenance and replacement.” Check with LMC and/or Minnesota Rural Water Association (MRWA) and remove if possible.
12. Section 51.116 Administration (D) 10% after 30 days delinquent, but must notify them first before applying penalty. Put note on billing card. Remove last sentence referring to disconnects.
13. Section 51.130 Authorized Employees Permitted To Enter All Properties. Continue with sump pump inspections and follow up. Check on penalties.
14. Chapter 52 Water Regulations. Remove
15. Chapter 53 Storm Water Drainage Utility. Remove
16. Chapter 54 Rates & Charges. City currently charges 6% interest on past due accounts that are assessed. Could include in Ordinance 2004-6 when amended.
17. Title VII Traffic Code, Chapter 70 Traffic Regulations, Section 70.05 Turning Restrictions. Remove
18. Section 70.06 U-Turns Restricted. Remove
19. Chapter 71 Parking Regulations, Section 71.03 Other Parking Restrictions (D). Mugg’s patrons park in alley behind City Hall. If it becomes a problem then address.
20. Section 71.05 Parking Certain Semi-Trailers Or Tractors On Public Streets Prohibited. Remove
21. Section 71.06 Overnight Parking. Remove
22. Section 71.08 Prohibiting Parking Areas In Front Yards In Residential Zones. Remove
23. Chapter 72 Snowmobiles, Section 72.07 Equipment (E) pennant flag, not realistic for here. Remove
24. Chapter 73 Recreational Vehicles. Citizens may want to comment on this. How do we enforce this with bar patrons? Want to ensure kids aren’t driving. If permit were required, rules would be given at that time. City wouldn’t say anything if a 4-wheeler was used to launch a boat at the park. It was agreed this chapter will be discussed further at the 5/9/05 council meeting. Kevin & Tom Johnson (golf cart owners) will be notified by mail a notice will be printed in the Messenger.
25. Chapter 74 Bicycles, Roller Blades, Roller Skates, Roller Skis & Skateboards will be removed due to the Soo Line Trail.
Council will continue reviewing the Minnesota Basic Code beginning with Title IX General Regulations at the 4/25/05 special planning commission meeting being held at 6 p.m.
Motion by Tyson, seconded by Bjornson-Main to adjourn. Motion carried unanimously. Meeting adjourned at 8:14 p.m.
______________________________________ _________________________________________
Karrie Roeschlein Sandy Reichel
City Clerk/Treasurer Mayor
March 28, 2005; Special Planning Commission Mtg; Page 2 of 2
The April 11, 2005 Special City Council meeting was called to order at 5:02 p.m. by Mayor Sandy Reichel. Council Members present were Ronda Bjornson-Main and Donald Ellis. Council Members absent were Kim Tyson and Nathan Bassett. Employees Chris Weinreich and Karrie Roeschlein were present.
This special meeting was called by the Mayor to discuss aspects of the Wastewater System Improvement Project including engineering firm S.E.H project estimate overage; Ehlers & Associates, Inc. general obligation sewer revenue; and possible award of contract to applicable bidder.
Todd Hagen of Ehlers &
Associates, Inc. was present. Presale
report has been drafted for general obligation bonds. Wahkon is non-rated, cost $5-10,000 to get
rated. Interest rates will still be
competitive. Hagen will present bond
bidders at 5/9/2005 council meeting or if required a special meeting. Bond issue is basically what we thought in
2003. Interest rates up and down, but
back to what they were approximately in 2003.
Dan Viau of S.E.H provided Hagen with revised construction estimate,
much higher than original estimate.
$1,377,794 includes everything.
Should a 5-10% contingency be added? Can spend money for any sewer
improvement. Bonds can be increased in
$5,000 increments. Ehlers cost of
issuance is $20,550. Competitive sale
process. Clerk to provide 2004
audit. Annual increase in expenses and
revenue of 3% was projected.
Construction estimate increase didn't affect numbers too badly. Shouldn't have to raise rates. Grants are dwindling. Everyone is looking at
loans. Depreciation should be included
in operating budget. Hopefully we can
add that line item later on. Council Member Nathan Bassett arrived at
5:25 p.m.
Dan Viau of S.E.H. gave
project history. July 2003 engineer
study estimated project construction cost at $800,000, lowest bid came in at
$1,065,000. $265,000 increase or
33%. Cost increase items were quantity
and unit price for common excavation; quantity of granular borrow; quantity of
wetland mitigation; unit price for select granular borrow; and quantity and
quality of control structures. Original
pond location site was to the East and was immediately changed to the South due
to land purchase. Weinreich and Viau had
gone onsite to see if there was enough high ground. Appeared there was. Relocated the ponds, made assumption there
was enough material. Final facility plan
7/14/03. Amendment #1 was approved fall
of 2004 for geotechnical investigation and wetland delineation $22,900. Environmental Assessment Worksheet (EAW)
required wetland mitigation and increased project cost, Amendment #2. Pretty large cost increase due to quantity of
borrow material required. Elevation of
water table required pond height increase.
EAW delayed project. Revised
engineer construction estimate was $1,256,000.
Lowest bid received $1,065,000.
What about a contingency?
Construction project was bid as lump sum project, not a unit price
contract where prices fluctuate. Project
cost of $1,377,794 with 5% contingency of $69,000. There could be construction change
orders. $40,000 was accounted for fiscal
and legal fees. There is some wiggle
room, but it might be good to have it in there.
Hagen stated it wouldn’t do much to the projected budget numbers. Easier to have it and not need it, then to
not have it and need it. Bonds will
cover a 20-year span.
Lowest bidder was Hydro Engineering at
$1,065,000. S.E.H requested dirt work
numbers for further review. Common
borrow cost ran a bit lower than engineer estimate and needs to be
verified. Viau recommends Hydro be
awarded the contract, contingent engineer review of borrow estimate. Pre construction meeting will be scheduled
beginning of May. S.E.H has worked once
with Hydro and found them to be proactive and easy to work with. City of Nevis would probably give great
recommendation. Excavator will be a
subcontractor. Local materials may be used. Motion by Ronda Bjornson-Main, seconded by
Ellis to award the Wastewater Expansion Project to Hydro Engineering who had
the lowest responsible bid of $1,065,000 contingent upon a more thorough review
of dirt work figures. Motion carried
unanimously.
Per Hagen contingency of
5% should not require an increase to sewer rates. Could pay some of the bond down later on if
money isn’t used for the project. Could
also make other sewer improvements. Bond
figures can be brought down at the last minute just before bidding. Resolution setting bond amount is
required.
Audience member Del
Freichels asked if flooding of his land has been addressed? The EAW process included two 30-day public
comment periods. All agencies have given
green light. Freichels stated that MN
law says you can't flood people's land.
He may go so far as getting an injunction. City has gone through proper channels. Freichels claims 40 acres of his land has
been ruined, 15 acres of Anderson's is flooded and has caused problems for
people behind them. Freichels purchased
this land after the fact. Berm was
already there. Brandt, previous owners,
indicated to Freichels they had the same problem. Freichels stated that if he needs to spend
money on attorneys he won’t sell just for the land price. Berm must stay per MPCA. Water drains across his front forty. Council should go look at it. Beaver dams contribute too. Freichels opinion is noted and documented.
Council agreed to use a 5%
contingency of $69,00. Motion by
Bjornson-Main, seconded by Ellis to adopt Resolution No. 041105 “Resolution
Providing for the Sale of $1,490,000 General Obligation Sewer Revenue Bonds,
Series 2005.” Motion carried
unanimously.
Motion by Bassett,
seconded by Bjornson-Main to adjourn.
Motioned carried unanimously. Meeting adjourned at 6:02 p.m.
____________________________________________ _______________________________________________
Karrie Roeschlein, City
Clerk/Treasurer Sandy
Reichel, Mayor
The April 11, 2005
Planning Commission meeting of the Wahkon City Council was called to order at
6:03 p.m. by Mayor Sandy Reichel.
Council Members present were Ronda Bjornson-Main, Donald Ellis, and
Nathan Bassett. Council Member Kim Tyson
was absent. Employees Chris Weinreich
and Karrie Roeschlein were present.
Court of Appeals opinion was received regarding district court’s decision denying Jeff Eye’s request to vacate Beulah Avenue. 3/22/2005 opinion states “We reverse the district court’s determination that the subject property was not useless for the purpose for which it was laid out and remand for a new trial on the merits. Our remand does not constitute a reflection on the merits of either party’s case. It is merely a statement that both parties are entitled to a full hearing on the merits with adequate preparation time, and that all landowners within the plat have to be properly served. Affirmed in part, reversed in part and remanded.”
William P. Lines, city attorney letter of 4/7/2005 wrote regarding options. Continue to reject vacation request or vacate Beulah while reserving permanent utility easement. Information from city engineer is needed for both scenarios. Expended thus far, $7,623.86. Present was Denise Buesgens, property owner of Lot E that would be landlocked. Originally under her resort plan, Lot E was to be used as common area to other lots. Her plans have now changed. According to her it would take more money to develop Hill then to develop Beulah. Engineers generally advise at minimum a 50-foot utility easement. Why vacate it when people need it? City allowed him to hook up to sewer and charged him for connections. Could we keep some for Beulah and vacate where buildings sit? Buesgens stated she is against vacating Beulah as it is not useless and will seek legal counsel if it is. What is the hardship if Eye has land enough to move buildings off the easement? He has benefited from this for many years. Council had voted to fight the vacation with an expense cap of $5,000. Council agreed to conduct a special meeting after visiting the site. City attorney and engineer to attend. Weinreich presented a list of paper streets and alleys that haven’t been developed.
Pat Heinsen asked what the vacation process is? She never received response to her request to vacate alley. Vacation fee of $350 must be received and request must have adequate legal description. Public hearing is then held.
Subdivision request for property owned by Denise & William Buesgens was approved awhile ago for mortgage purposes but was never recorded. They want to split the property and sell to different individuals. Northern Inn and parking area is one, and the other would be the gift shop building and residence. Variances would be required for both properties due to size, but not impervious surface according to DNR as it is already blacktopped. Buyer should be made aware. Subdivision request will note this. Motion by Bassett, seconded by Bjornson-Main to approve subdivision request of PID #25-040-0910 owned by Denise M. & William Buesgens to reflect legal description of new split as Lot 5, Block 16 and S 15 Ft of Lot 16, Wahkon. Remaining lots of existing parcel #25-040-0910 and new parcel WILL NOT meet current buildable property requirements.” Motion carried unanimously.
Brent Berry is in the midst of purchasing the newly subdivided property. His plans include a Remax real estate office and mortgage company. His father John Berry will reside in the home. Would like to move in a storage shed. Building permit and variance will be required.
Guide to Simplify Local Plan & Development Process from MnDOT was received. “The brochure is intended to assist local governments, property owners, and developers in better understanding the process and legal requirements for including our district in the local review of plats and development proposals.”
Motion by Ellis, seconded by Bjornson-Main to adjourn. Motion carried unanimously. Meeting adjourned at 6:35 p.m.
___________________________________________ _____________________________________________
Karrie Roeschlein, City Clerk/Treasurer Sandy Reichel, Mayor
The April 11, 2005 Wahkon
City Council meeting was called to order at 6:36 p.m. by Mayor Sandy
Reichel. Council Members present were
Ronda Bjornson-Main, Donald Ellis, and Nathan Bassett. Council Member Kim Tyson was absent. Employees Chris Weinreich and Karrie Roeschlein
were present.
Suzanne Partridge was present to discuss sewer connections on her properties. In her 3/8/2005 memo she states “I’m asking the Council to act on my behalf and request the MPCA to allow me to retain one full hook up credit and relocate it to my empty lot at 240 Main Street at a future date.” Bennett property has one house and three recreational vehicle sites (2 ½ usage fees). Want to keep one on the Bennett property as new owners want to build new home. MPCA has approved all requests thus far. Shouldn’t be a problem as the sites were existing at the onset of the moratorium. RV sites will be disconnected and $20 inspection fee must be received per connection in order to stop usage fees. Council agreed that previous sewer connection fees must remain with said property and can not be transferred to other properties.
Donation thank you was received from Initiative Foundation. $100 was budgeted to be paid June 30, 2005.
Steve Wallis & Jim Eye were present to discuss their idea of opening an off sale bottle shop. Wahkon has three on sale licenses as provided by population through statute. Council is open to the idea. No definite ideas of where or when it will open. In order to start state application process a physical address is required. Partridge stated she has property on Main Street available. It is thought that dram shop insurance isn’t required until business is opened. Fees can be prorated.
Citizen Pat Heinsen asked if parking restrictions or requirements were applied to Olson’s Apartments on Chippewa? No limit on how many vehicles can be parked in a residence, only that they are operable and licensed. Nothing less than 9 or 10 at the apartments. Weinreich mentioned this area is tough to plow. There is increased traffic and debris on her side. Clerk to check minutes. She realizes city must grow, but shocked at the amount of cars. Council instructed Clerk to send letter asking if more parking space can be made available in order to help the neighborhood.
Partridge questioned if diagonal parking is an option on Main Street/Highway 27. Wahkon needs more parking and easement is wide enough. Clerk to check with Mn/DOT.
Bjornson-Main would also like to put in more parking at her business on South Main. Would like to install another culvert to the north of her existing driveway abutting the Soo Line Trail. Mille Lacs County would need to be contacted for setback information.
Partridge noted there is room for diagonal parking on the 2nd Street side of the old quilt store. The undeveloped part of Meshigun Avenue behind storage units is currently used by the city for class five storage.
Mike Christenson of Solar Bee was present to provide information about a system that can treat for phosphorus. Reichel has reviewed the tape and will pass along to other council members. Solar Bee testing in Isle last year showed successful results. They have been in business since 1978 and improved the system in 2002 & 2004. Once new pond is constructed and operational, City will be required to treat for phosphorus. Systems and options need to be investigated. Solar Bee distributes alum in the ponds. The system has solar panels and rotates the alum into the water. They don’t need to be removed during winter. They have a two-year warranty and there is a rent to own purchase plan. Maintenance plan of approximately $125 per year for newer models. $11,500 up to $25,000 per unit. Wahkon would need two. Price includes installation. The bottom two feet of the pond isn’t disturbed. They are tethered to shore with stainless steel cable. Christenson will leave case studies, letters and worksheets for further review. Any escape clause, should system not work for us? Rent to own, apply 60% to purchase price. Does pond need to be engineered for such a system? Would need approval from MPCA. Dave Oslin told Reichel this system would be perfect for Wahkon. As there isn’t electric on site, a 24-hour kit would be required. Further investigation will be conducted.
Clerk explained how a property was sold that owed for past
due usage. Originally it was condemned
due to meth on 6/20/2003. Two different
financial institutions owned the property after that and were contacted by
letter. No response was received. Louise Danielson of Coldwell Banker, Beacon
Realty sold the property to Durco LLC and claims the Clerk stated there were no
assessments pending and/or forthcoming charges.
Clerk can’t recall this conversation.
Written requests should be sent to City Hill for confirmation of pending
charges and kept on file, nothing was received from Danielson. At closing time the past due usage wasn’t
noted, thus it wasn’t paid. This has
become a problem as of late due to properties be sold without notification to
the City. According to statute we can’t
collect past due usage from a new owner.
Clerk to ensure that all past due usage fees are promptly assessed
through taxes. Motion by Bassett,
seconded by Bjornson-Main to remove the past due usage from account #59 in the
amount of $245 as legally it can not be collected from new owner. Motion carried unanimously.
February Treasurer’s Financial report had an ending balance of $253,024.93.
April 11, 2005; Council Mtg; Page 1 of 3
Communications and notices included League of Mn Cities 2005 State of the Cities Report; and See Mille Lacs In 2020 Contest Essays Sponsored by Mille Lacs Band of Ojibwe & Mille Lacs Messenger.
Also included was a written statement by Mille Lacs County Commissioner Frank Courteau in reference to county agenda item “Letter to Star Tribune.” “Mr. Chairman, I would be grateful, if in speaking now with respect to this agenda item, that you appreciate what I see as a need today for me to speak directly from prepared written text. I believe it is important, at least to me, that nothing I say, or what this Board may do today, be misquoted or is misrepresented by the media.” Three pages of written comments was reviewed and approved for submission to the editor of the Star Tribune by the county board. Mayor Reichel commends Courteau efforts and backs him 100%
Council approved Request for Proposals & Qualifications for Legal Services. William Lines has been prosecuting attorney since 1992, prior to that it was Schwarz. Clerk to contact other cities for names of legal firms and will send requests. Firms listed on the LMC website will also be notified.
MN Basic Code review will be on the agenda of the Special Planning Commission Meeting, 4/25/05 at 6:00 p.m.
Possible ordinance regulating recreational vehicle & golf carts will be discussed at the 5/9/2005 council meeting. Weight restrictions on the Soo Line Trail were raised by the county from 600 to 900 pounds. Citizens should attend to voice their opinions.
Bjornson-Main discussed the issue of people burning garbage in town. Many times she has stepped outside to smell plastic burning. Only vegetative material is allowed to be burned. Citizen Pat Heinsen agrees there is a problem. 911 can be contacted. Currently a burning ban is on. Clerk to find out if burning in a barrel is allowed during a ban. Sue Partridge mentioned that many people may be unaware of burning regulations and restrictions. Upcoming newsletter could be used to inform citizens. Council will look at the best way to get the message out there.
Clerk and Mayor had previously signed annual proclamation allowing the sale of buddy poppies by Veterans of Foreign Wars.
Clerk had previously signed LG220 Gambling Exempt Permit with no waiting period for Isle Sportsman Club raffle being held 4/23/2005 at Wahkon Inn.
Motion by Bassett, seconded by Bjornson-Main to adopt Resolution No. 041105A “A Resolution Approving Charitable Gambling Within The City Limits of Wahkon” authorizing the use of Mille Lacs Military Service Association (MLMSA) Class B gambling license at Wahkon Inn. Motion carried unanimously.
Legal notice publication costs was discussed. Newshopper charges $5.43 per column inch. They use larger font than Mille Lacs Messenger so technically it would cost more. Messenger has discounted their price from $8.65 to $6.32. Council agreed to keep Messenger as Wahkon’s official paper.
Weinreich passed his Waterworks Operator Examination test with an excellent score of 92. He is now a certified water supply system operator, Class D. This certification is for future city water or may be utilized for businesses required to test their water due to occupancy. Thank you City of Isle for helping with training.
Clerk drafted summary ordinance relative to cable television franchise, which will be less costly to publish. Motion by Bjornson-Main, seconded by Ellis to adopt ORDINANCE NO. 2004-5 CABLE TELEVISION FRANCHISE SUMMARY granting Savage Communications, Inc. of Minnesota to construct and maintain a cable television system in the City of Wahkon.” Motion carried unanimously. Savage will pay for publication costs.
April 11, 2005; Council Mtg; Page 2 of 3
Weinreich will get tree trimming rate. Isle would charge $100 to sweep streets. Machine is co-owned by Isle and Onamia and isn’t operational at this time. If they want to upgrade, cost would be around $6,000 and could be split by the three cities. Mayor Reichel will be in Isle to discuss sewer issues and will bring up the subject.
Jim Falk, MLMSA and Keith Severson, Isle Lions would be willing to contribute to Vets Park project. Wahkon, Isle, South Harbor (WISH) Lions will also be contacted. There needs to be a plan. Organizations would like recognition when completed. Park Commissioner Ellis would like to see a bridge across the creek. $500 was already approved for the bridge. Improve walking trail and horseshoe pit were some suggestions. Park needs more prominent veterans theme. Kids can still play, use beach and respect veterans.
Motion by Bassett, seconded by Bjornson-Main to approve payment of checks #18126 through #18158 in the amount of $15,018.21. Motion carried unanimously.
Motion by Bjornson-Main, seconded by Bassett to adjourn. Motion carried unanimously. Meeting adjourned at 8:07 p.m.
____________________________________________ ____________________________________________
Karrie Roeschlein, City Clerk/Treasurer Sandy Reichel, Mayor
April 11, 2005; Council Mtg; Page 3 of 3
The April 19, 2005 Special City Council meeting was called to order at 1:05 p.m. by Mayor Sandy Reichel. Trustees present were Kim Tyson, Nathan Bassett, Ronda Bjornson-Main and Donald Ellis. Employees Chris Weinreich and Karrie Roeschlein were present. Jeff Eye was also present.
Mayor Reichel called this special meeting to discuss the Jeffrey Eye vs. City of Wahkon case pertaining to the vacation of Beulah Avenue in the Plat of Pottstown with city attorney William Lines and city engineer Dan Viau of S.E.H.
Mille Lacs County court originally denied Jeffrey Eye’s request to vacate a portion of Beulah Ave between blocks 2 & 3 of Pottstown. Eye then took his case to the Court of Appeals who made the decision that the earlier court proceeding was not an evidentiary hearing, thus negating the vacation denial. Notification to all property owners within the plat is required and was not accomplished and that upon proper notification the matter should be remanded back to the district court.
Evidentiary hearing would entail bringing in witnesses such as engineers, surveyors, etc. Lines believed the county hearing was solely to discuss dismissing the vacation request based on improper notification and ambiguous description of Beulah. Property owners present were asked to raise their hand if they were against the vacation. District judge stated there wasn’t sufficient time for a hearing.
Clerk explained to council that the meeting could be closed due to client-attorney confidentiality. As there were audience members present, council agreed to continue the meeting open.
Eye must prove Beulah Avenue is “useless” for which it was platted. There aren’t any city sewer mains in Beulah. Lake Street was vacated in 1925 just north of Beulah. What about future utilities? Viau suggested city at least keep an utility easement within Beulah. Future access to property may also be a concern. Bill & Denise Buesgens had previously requested that Hill Street, north of Block 2, be opened in order to develop their property. City has decided not to develop Hill Street at this time due to lack of finances.
Lines stated there were three options. 1) Do nothing. Let Eye present evidence of uselessness. 2) Purpose settlement in lieu of more court proceedings. City expense reimbursement could be requested from Eye. Viau suggested at minimum 30 – 40 feet for a city street. Less width to work with makes construction more difficult. 3) Continue to fight vacation of Beulah, when and if it goes back to court.
Lines noted that it is difficult to ascertain what the future holds for Wahkon. In 50 –100 years from now there may be different issues. Streets do not necessarily have to be used solely by vehicular traffic. Pedestrians, bicycles, snowmobiles, etc can use it making it not useless. Vacating Beulah and collecting taxes may be perceived as a public benefit. Adverse possession, where someone is granted property due to the fact they have been maintaining it for years, applies to private land but not public. City allowed buildings within Beulah easement to be connected to sewer. Lines explained that the more pressing issue would be if the city approved the building permits. At the time, no permits were required. Weinreich explained that Beulah was unusable due to a railroad spur, which was abandoned around 1923 per Eye’s abstract. Clerk noted there are many structures that are in close proximity or on easements that were connected to sewer. Lines noted that if a street is vacated and future council decides they need it, condemnation would be used to get it back, but city would then pay fair market value.
Bjornson-Main asked about trading land for Beulah. There are bluffs in the area that may hinder and increase cost of constructing a road. Lines stated it could be done legally, but city should conduct an in-depth study of the area to ascertain the feasibility of street development. If Eye brings this back to court, judge could reject the vacation even without city involvement; however, if city doesn’t contest it is easier for Eye. Reichel questioned cost of continuing, as we have exceeded first estimate of $5,000. Disposition of engineers and surveyors could be costly. Lines believes Beulah’s description isn’t sufficient, which seems to include some of the west edge of Hill Street. City survey indicated an area of concern west of the intersection of Beulah and Hill: “Hatched area may NOT be included in road vacation per Bk. J, P. 368. Beulah Ave. vacated “North of the North line of Hill Street.”
Ellis requested contacting property owners in the area to see if they agree to a land swamp. Tyson doesn’t want to give land away. Set precedent for next vacation battle. Lines noted that councils act independently of past council’s decisions.
Sue Partridge suggested city develop Hill Street, turn it over and be refunded. Bassett explained that most developers in the state are required to pay all costs of street, water, sewer, electric and street development. Tyson recalls Buesgens offering to pay half. Clerk doesn’t recall that being in past minutes. City can not sale public land. Denise Buesgens stated she has use for Beulah and Hill in order to drive through. If Beulah is vacated she will fight the city. Through the sale of her hotel on North Main, Lot E of Pottstown will be included as a boat access. This area should not have a dead end. Eye questioned why Buesgens plans have changed substantially? Without the development of Hill, their plans changed. Eye stated he doesn’t have any concrete plans for his property at this time.
Council agreed private counsel with city attorney was necessary at this time. Motion by Bjornson-Main, seconded by Bassett to close the meeting in order to discuss legal options pertaining to the vacation of Beulah with city attorney William Lines. Motion carried unanimously. Meeting closed at 2:13 p.m. Council took five-minute recess. Reconvened at 2:19 p.m. Motion by Tyson, seconded by Bassett to adjourn. Motion carried unanimously. Meeting adjourned at 3:10 p.m.
________________________________________ ____________________________________________
Karrie Roeschlein, City Clerk/Treasurer Sandy Reichel, Mayor
The April 25, 2005 Special Planning Commission meeting of the Wahkon City Council was called to order at 6:00 p.m. by Mayor Sandy Reichel. Trustees present were Kim Tyson, Nathan Bassett, Ronda Bjornson-Main, and Donald Ellis. Employee Karrie Roeschlein was present. Mayor Reichel has called for special meetings of the Planning Commission to be held the fourth Monday of each month to begin the process of reviewing current Wahkon ordinances, resolutions and/or policies to the Minnesota Basic Code of Ordinances.
Additional item added to the agenda pertains to vacation of Beulah Avenue. Council met with attorney Lines at the 4/19/2005 special meeting and instructed him to draft a letter to Jeff Eye’s attorney stating Wahkon would consider vacating the west half of Beulah in exchange for title to Lots 12 & 13 of Block 2, plat of Pottstown. Tyson explained how Denise Buesgens phoned after said meeting to see if Beulah would be vacated. Tyson stated no. Then Buesgens asked if the land swap idea was a possibility as it was brought up during the open part of the meeting. Buesgens requested not to vacate the entire half of the Beulah & Hill Street intersection, but to leave a larger portion for better access to her property from the 1925 vacated half of Beulah northerly of Hill Street abutting her property. This was suggested due to topography. Ellis & Bjornson-Main feel Buesgens would still have access if half of Beulah were vacated. Letter is only the beginning of negotiations, plenty of time to iron out the details.
Clerk
was contacted by Scepaniak’s, land owners within the area, asking if City is
required to notify all property owners within the plat? Eye’s case was remanded back to the courts
due to the fact he did not notify all owners within the plat. Clerk to contact Lines. Council agreed to do whatever is required
legally. Council reviewed the
letter. Motion by Tyson, seconded by
Bjornson-Main to instruct Attorney Lines to add “and/or street development” to
item #4 and to omit item #7. Ayes:
Tyson, Bjornson-Main, Ellis & Bassett.
Opposed: None. Abstain:
Reichel. Motion carried.
Council began reviewing the Basic Code where they left off and made the following decisions:
1. Title IX General Regulations. Chapter 90 Abandoned Property. Keep
2. Chapter 91 Animals, Section 91.02 (B) License Required. How about registering but not licensing? City has tried to contract with Milaca’s dog catcher, but he can’t take on anymore cities due to restrictions. Section 91.04 Farm Animals requires 10 acres. Currently city requires 5 acres. Council agreed to keep our own. Remove
3. Chapter 92 Health & Safety; Nuisances. Section 92.01 Assessable Current Services (B) Snow, ice, dirt & rubbish. Snowbirds don’t shovel. (D) Installation & repair of water service lines; remove. (E) Repair of sidewalks & alleys (1) Duty of owner; City usually pays half. (G) Damage to public property. How can we prove it? Large projects over a period of time would apply. Wahkon has no written road restrictions. Bassett thought we went by county standards. Weinreich goes by North Central Paving suggestions on weight. Leave 92.01 (B) (1); remove (E) and (F) Personal liability; leave (G).
4. Section 92.16 Public Nuisances Affecting Health (F) remove “which are not rodent free or fly tight.”
5. Section 92.18 Public Nuisances Affecting Peace & Safety (F); does that apply to weddings held at Wahkon Inn? (L) rainwater; remove. (V) (1) Noises prohibited (d) Radios, phonographs, paging systems, and the like; same question as (F). (V) (2) Hourly restriction of certain operations (b) Refuse hauling; keep.
6. Section 92.19 Nuisance Parking & Storage. Reichel didn’t like any of it for Wahkon. Remove
7. Section 92.20 Inoperable Motor Vehicles. Currently city allows up to two weeks for repairs. Duke Addicks from the League of MN Cities who helped draft the Basic Code thought our Blight Ordinance was a bit vague. Council agreed it works for us. Remove
8. Section 92.21 Building Maintenance & Appearance. Covered under our blight. If hazardous, city can get inspection and go legal route. Ellis likes this section. Tyson agrees with some. Consensus is to remove.
9. Section 92.61 Prohibited Materials; remove (D).
10. Section 92.65 Permit Process For Opening Burning; remove.
11. Chapter 93 Streets & Sidewalks. This is covered under our zoning ordinance. Remove
12. Title XI Business Regulations. Chapter 110 General Licensing Provisions; remove
13. Chapter 111 Commercial Amusements; remove.
14. Chapter 112 Liquor Regulations, Section 112.05 Consumption in public places; remove.
15. Section 112.31 Restrictions on issuance (F); remove.
16. Section 112.32 Conditions Of License (A) should be up to businesses. Remove
17. Section 112.34 Minors On Premises (B) no one under 21 would be able to play pool. Remove
18. Municipal Liquor Stores, Section 112.50 Application Of This Chapter through Section 112.53 Operation; remove.
19. Chapter 113 Peddlers & Solicitors. Wahkon has a vendor policy. Remove
20. Chapter 114 Tattoo & Body Piercing Services. Keep
21. Chapter 115 Tobacco Regulations. Mille Lacs County regulates tobacco. Remove
22. Chapter 116 Regulating Lawful Gambling. Keep our own. Remove
23. Chapter 117 Garage Or Rummage Sales. Keep our own Ord. 1999-2. Remove
April 25, 2005; Special Planning Commission Mtg; Page 1 of 2
24. Chapter 118 Regulations Of Public Dances & Special Events, Section 118.03 Permit Required and Section 118.09 Licensed Peace Officer Presence. Do these sections apply to Wahkon Inn? Public dance, police officer required; can it be removed?
25. Special Events was discussed. Bjornson-Main feels it would be a courtesy to let people know. Clerk to find where to purchase permits. Keep
26. Chapter 119 Sexually Oriented Businesses. Mille Lacs County ordinance doesn’t apply to Wahkon according to their zoning office. Should have a place designated for them. Availability of city utilities is not required. Double check on this one. Do we have to find a section in town? Currently city has adult use ordinance. Investigate minutes and contact Duke Addicks at LMC.
27. Title XIII General Offenses, Section 130.01 Damage To Property; Graffiti; keep.
28. Section 130.02 Discharging Firearms; keep.
29. Section 130.03 Curfew For Minors; keep.
30. Section 130.04 Fireworks; keep.
31. Title XV Land Usage, Chapter 151 Zoning. We will keep our own zoning ordinance. Remove
32. Chapter 150 General Provisions, Section 150.05 Location Of Sexually Oriented Businesses and Chapter 153 Anti-Blight Regulations would need to be kept if we decide to go with Chapter 119 Sexually Oriented Businesses. Clerk to check into matter further.
The 5/23/2005 special planning commission meeting will finalize Basic Code changes. Bassett would like to set a policy for development of roads. Matter will be included on this agenda.
Tom Johnson has trimmed trees in the park for a better view. Johnson will be at the 5/9/2005 council meeting to discuss impervious coverage of his property. Can discuss trimming then. Johnson donated $100 towards flower planting. Park Commissioner Ellis feels no one should do anything in the parks without permission.
Ellis approached Oberfeld who owns property in Block 21 abutting Lake Shore Blvd & Reserve A about the possibility of donating land to the City. There is a trail from 3rd Street to the park on Lake Shore Blvd. Only one lot is buildable due to elevation. Oberfeld suggested city vacate Lake Shore Blvd and the reserve. Council has not vacated much since the 1980's. Reserve was dedicated to the public forever by Tri State Land Company. Part of the Reserve B was vacated in 1988. Reichel recalled that Tri State Land Company stated they didn't care, it was up to the city.
Motion by Bjornson-Main to adjourn, seconded by Tyson. Motion carried unanimously. Adjourned at 7:52 p.m.
_________________________________________ _____________________________________________
Karrie Roeschlein, City Clerk/Treasurer Sandy Reichel, Mayor
April 25, 2005; Special Planning Commission Mtg; Page 2 of 2
The May 9, 2005 Planning Commission meeting of the Wahkon City Council was called to order at 6:00 p.m. by Mayor Sandy Reichel. Council Members present were Nathan Bassett, Donald Ellis, Kim Tyson and Ronda Bjornson-Main. Employee Karrie Roeschlein was present.
Joe & Midge Robinson were present and wish to convert All Seasons Resort located at 200 6th Street E, Wahkon, into a Common Interest Planned Community named “Crooked Tree.” As the property’s commercial resort grandfather status will be discontinued, a conditional use permit is required for a residential planned unit development (PUD). Disclosure Statement, By-Laws and Declaration of Easements, Covenants, Conditions, Restrictions & Reservations, and Statutory Notice have been received. All properties within Crooked Tree have been surveyed and are on file at City Hall. There are seven separate properties with one common area. Restrictions have been placed on property #2, the old café. “There shall be no expansion or enlargement of the existing structure. Existing structure was given a variance by the City of Wahkon in July 2004 to remain “as is” in location and size. In the event that the structure should be destroyed 50% or higher, the owner shall remove the structure or debris and deed the lot to the Association for use as Common Area. In exchange, the Association shall deed Lot 3 to the owner as an alternative.” Setback on Lot 3 can be the same as Lot 1 (Robinson’s residence) per variance approval in 7/2004. Clerk was contacted by a citizen regarding proposed dock. It will have four slips and meet applicable DNR regulations. All applicable building requirements will be met at the time permits are obtained. Seven residences, each to be charged one full usage monthly. According to Robinson this property has paid seven equivalent connection (EC) fees at $7,000 so no one should be charged any additional EC fees. Lot 7 currently has a singlewide mobile home. Robinson’s are aware that if the home is destroyed a new building must meet current requirement of 900 square feet, minimum width of 24’ and pitch of 3:12. Motion by Tyson, seconded by Bassett to approve a conditional use permit for a residential planned unit development on PID #25-040-1470 owned by Joe & Midge Robinson for a common interest planned community named Crooked Tree. Ayes: Tyson, Bassett, Ellis & Bjornson-Main. Abstain: Reichel. Motion carried.
Employee Chris Weinreich arrived at 6:10 p.m.
Barry Larson owns Lot 8 of Block 1 in Meshigun Point Revised and also the 70’ wide lot directly across from his residence on Lake Shore Blvd. He would like to construct a pole barn, but a variance would be required as current ordinance stipulates a primary residence must be built first, with 900 square feet, minimum width of 24’ and 3:12 pitch. Buildable lots must be 75’ wide, but this property is considered a non-conforming lot of record, as the width has been 70’ prior to ordinance adoption; no variance required in this regard. Council agreed a variance would probably be allowed as they already have a primary structure across the street, but with stipulation that no connection to sewer could be made until such time as this property meets the primary structure requirement. Variance hearing can be held at the 5/23/2005 special planning commission meeting.
Council reviewed approved permits.
· Kathleen Perkins to erect a moveable 10’ x 24’ horse shelter, PID #25-561-0650.
· Brad Reichel of Walleye Dundee’s to build permanent awnings over existing decks, PID #25-040-1230.
· Barbara & Richard Roberts will build a 14’ x 16’ addition on their property measuring 70’ wide. Variance not required, as this is a non-conforming lot of record, PID #25-561-0570.
Tom Johnson phoned yesterday and stated he couldn't attend tonight’s meeting to discuss impervious coverage of his property, PID #25-040-0700. He apologized for trimming park trees without permission and will buy some trees. With buildings, sidewalks and driveways he exceeds 25% maximum coverage as required through Shoreland Management Ordinance (SMO). Comments have been made that Weinreich is too strict on the impervious coverage issue and/or he has it in for a particular property owner. According to the following excerpt from the 11/8/2004 planning commission meeting, Clerk believes he is just trying to do his job: “Weinreich asked how strict he should be with impervious surface? Within 1,000 feet of the lake properties must not exceed 25%. He believes Department of Natural Resources (DNR) would allow 5% buffer, up to 30%. DNR can take legal action against the city if restrictions are not upheld. Tom Johnson agreed to a certain figure, but some extra cement and blacktop has increased the figure to approximately 35%. Johnson had stated that Bassett, cement contractor, told him not to worry about it. It was noted that Johnson could just be saying this or misinterpreted what was stated. If Johnson is non-complaint there are steps to take and penalties in place. If it can’t be changed, he may request a variance.” Drainage issues between Sue Frederickson & Johnson are being addressed. Park may also be affected by his drainage. Council agreed to keep 25% on the books, but could possibly go up as high as 30%. Elevation for the house pad was raised substantially from surrounding area. Council agreed to send Johnson letter requesting permission for Weinreich to double check his coverage figures. Ask Frederickson to contact Johnson in order to finalize drainage plans and complete installation.
Wayne & Carol Chester were present to discuss impervious surface coverage of their property. He read that impervious is a surface that prevents or retards water from absorbing states nothing about decks. Mille Lacs County ordinance has 25% requirement including house, garage, shed, gazebo, nothing about decks. In 2003 they built their house. Asked Clerk several times and was told 50% coverage. Received permit packet and that stated 50%. Before ordering pole barn, double
May 9, 2005; Planning Commission Mtg; Page 1 of 2
checked with Clerk 2/2/2004, who stated no problem with size. First time 25% was ever mentioned was when Weinreich came out to verify permit. Pole barn was already paid for and he had plans for ample parking. As a realtor, Reichel questioned his knowledge of SMO restrictions. Chester stated he never heard of them until just recently through his work. Clerk explained her answers were pertaining to the fact that Wahkon hadn’t implemented a maximum size restriction on garages or pole barns. Letter within zoning packet states 50% unless within 1,000 feet of the lake, which requires 25%. Chester claimed they never received SMO, which will now be included in every zoning packet. Chester’s did sign a SMO agreement to keep their coverage at 25%. Wayne felt coerced into signing that agreement and claimed the 25% coverage won’t work for them. Clerk to check if decking can be excluded. Council requested that Chester diagram his property and calculate impervious coverage with and without decking. Coverage should be kept at 30% maximum. Due to the extenuating circumstance Council is willing to work with Chester. Will readdress at next meeting.
Special planning commission meeting will be held May 23rd at 6 p.m. to finalize changes made to the Minnesota Basic Code. Additional agenda item will be Barry Larson variance hearing.
Motion by Bassett, seconded by Tyson to authorize the subdivision of PID #25-040-0480 by Sue Frederickson as Lot 12, Block 10 & So 5 Ft of Lot 11, Block 10, City of Wahkon. Current buildable lot requirements include 75’ width and 10,000 square feet. This parcel is only 30’ wide with 3,900 square feet making it “non-buildable.” In order for the property owner to build or alter any structures a variance would be required. Variance fees are above and beyond the regular building permit fees and are not guaranteed. Motion carried unanimously. Frederickson is selling this small parcel to Mugg’s Main Street Saloon. Survey markers will be reset.
New owners James & Maridale Tomasko purchased The Painted Porch, a retail business. They wish to use their shed for commercial and not the house as before. Conditional use permit goes with the property, which is already zoned commercial. Reichel requested they try to accommodate more off street parking due to complaints. It was mentioned they built a deck without a permit. No penalty as deck is under 3’ in height, no permit required.
Motion by Tyson, seconded by Bjornson-Main to adjourn. Motion carried unanimously. Meeting adjourned at 7:04 p.m.
___________________________________________ __________________________________________
Karrie Roeschlein, City Clerk/Treasurer Sandy Reichel, Mayor
May 9, 2005; Planning Commission Mtg; Page 2 of 2
The May 9, 2005 Wahkon City Council meeting was called to order at 7:05 p.m. by Mayor Sandy Reichel. Council Members present were Nathan Bassett, Donald Ellis, Kim Tyson and Ronda Bjornson-Main. Employees Chris Weinreich and Karrie Roeschlein were present.
Marian Schwitzer of the Quilt Club has requested to borrow hall tables for their display during Isle Days. Wahkon Inn rents tables for $10 each. Clerk has never loaned them out before. Wahkon Civic Association (WCA) purchased majority of them. Council agreed to set a policy that hall tables will not be loaned or rented out.
Sally Doran, President of WCA, thanked Council for allowing them to hold a cleanup day and authorizing employee Weinreich to help out. It will be held 5/21/2005 from 8 – Noon for citizens of Wahkon only. Last cleanup day was back in 1997. Jim’s Disposal in Milaca will be on hand and appliances will be accepted. After cleanup, city should strictly enforce blight ordinance. Bassett and Ellis will volunteer to go and pick up appliances and such for those citizens without transportation. Contact Doran if this service is needed. City truck and trailer will be used.
Tyson noted there was a methamphetamine bust at J&J Trailer Park. Contamination is a concern due to kids in the area and shallow wells. County must contact MPCA and property owner should be required to clean it up. Clerk to check into this issue further.
Todd Hagen of Ehlers & Associates, Inc. presented paperwork for general obligation sewer revenue bonds. Included were three bids and preliminary official statement describing financial transactions. Motion by Tyson, seconded by Bjornson-Main to adopt Resolution No. 05092005 “Resolution Providing For The Issuance And Sale Of $1,490,000 General Obligation Sewer Revenue Bonds, Series 2005A And Pledging For The Security Thereof Net Revenues.” Motion carried unanimously. “The proposal of Miller Johnson Steichen Kinnard Investment Securities, Inc. (the “Purchaser”), to purchase the Bonds in accordance with the Terms of Proposal established for the Bonds, at the rates of interest hereinafter set forth, and to pay therefor the sum of $1,470,631.00, plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received and is hereby accepted, and the Bonds are hereby awarded to said Purchaser.” Funds will be received 6/1/2005.
Dan Viau of S.E.H. brought Council up to speed. After meeting with Hydro Engineering he is comfortable with dirt work figures. MPCA permit modification was submitted 5/3/2005 due to delay in construction. Permit dates will be modified and construction will hopefully not be delayed further. Another sewer workshop meeting may become necessary to discuss permit modification, wetland mitigation, etc. Pre-construction meeting to be held after that. Wetland Mitigation Plan meeting was held and approval without restrictions should be forthcoming. U.S. Army Corp of Engineers public comment period has just ended and require two weeks review prior to approval. Motion by Tyson, seconded by Ellis to enter into a contract with Hydro Engineering pertinent to wastewater expansion project. Motion carried unanimously.
Mille Lacs Island Resort (MLIR) hasn’t responded to city letter regarding implementation of a flow monitoring system. Clerk to request their attendance at the 5/23/2005 special meeting. Viau will be present to answer questions.
Rainbows End has three businesses with two restrooms and an
apartment. Originally property was
charged one equivalent connection in 1995.
Currently being charged three monthly sewer usage fees. Motion by Tyson, seconded by Bjornson-Main
to charge PID #25-040-0830 two additional equivalent connection sewer fees in
the amount of $2,000 for Rainbows End.
Motion carried unanimously.
Santa's Station closed restroom in the business and paid inspection fee. They technically can not shut off water and she doesn't want to remove the toilet fixture per realtor recommendation. With water present, it could possibly be turned back on without city knowledge. She also has sinks where the coffee counter was. Council agreed to send letter explaining that usage fee can not be removed until there is no possibility that water can enter into the sewer system.
Lloyd Swenson has an airstream hooked into a sewer clean out riser, which is a ordinance violation. Recreational vehicles (RV’s) are allowed on property, as long as they don't use sewer and utilize appropriate dump stations. If sewer is wanted, they must make a new connection and pay fee. Shoreland Management has restrictions on guest cottages, which may be a factor. Pertaining to properties where there isn’t any permanent residence; wasn’t action taken by Council that once a RV was removed they lost the right to bring it back in? Clerk would need to review minutes, but thought it was dropped until further investigation. If Swenson’s RV isn’t removed, put on 6/13/2005 agenda.
MN Rural Water Association (MRWA) will hold seminar in community hall. In conjunction with seminar there will be a launch through Walleye Dundee’s. Hall rental will be at non-profit rate. Northern Inn for lodging and Mugg’s will also be utilized.
Still checking on tree trimming rates. Blacktop list will be complied. Onamia Mayor Larry Milton was unaware that Isle charges Wahkon $100 for street sweeping. Weed kill was applied to beach area in Vets Park. Another DNR permit may be required. Civic had plans for the park, but thought City was taking over. Charitable Gambling funds could be used. Third gambling organization will be contributing. Drainage area between Sue Frederickson’s and the launch park may need to be filled. Children’s dinosaur park ride will be moved into the pea rock area. Council agreed a park proposal needs to be formulated with cost estimates and priority list.
May 9, 2005; Council Mtg; Page 1 of 2
Treasurer’s financial report for March had an ending balance of $248,774.89. 2004 Financial Statements & Independent Auditor’s Report was reviewed. Clerk noted she seems to be $41.56 off due to a payroll check that wasn’t cashed and may need auditor Judi Moravec’s help.
10% Charitable Gambling Fund received $27.40 from Onamia Lions for March. Doran of WCA will check as to why they haven’t submitted a report for March.
Council agreed to take a five-minute recess at 8:16 p.m. Meeting was reconvened at 8:24 p.m.
Communications and notices included invitation and list of League of MN Cities regional meetings; and MN Department of Natural Resources (DNR) notification of proposed acquisition of public water access. Council has no comments or concerns.
MN Basic Code Chapter 73 Recreational Vehicle was discussed
mainly as to how to best regulate golf carts.
Johnson families were not present.
Kevin Johnson spoke with Mayor and agrees that driver’s age is a
concern. Section 73.05 restricts hours
from 8 a.m. to 10 p.m., which wouldn’t work for bar/restaurant patrons. Cindy Miklethun has no problem with light
requirements. If they have lights, maybe
they could run anytime. If licensed
through City would liability be an issue?
What about insurance? Not all
adults are licensed drivers and don't have to be for ATV. Main concern is safety. Maybe this chapter should be omitted and
draft a less restrictive ordinance. Motion
by Ellis, seconded by Bassett to table the discussion of MN Basic Code Chapter
73 Recreational Vehicles until the 6/27/2005 special planning commission
meeting where a less restrictive ordinance may be drafted. Motion carried unanimously.
City Hall will be closed May 27th and May 30th for Memorial Day.
MN Statute 169.14 regulates speed limits; 30 mph on streets in urban districts. Cities can not impose a lower limit unless authorized through a review by the commissioner of transportation. Wahkon has some areas posted at 20 mph. Council agreed to leave as is. No one is ticketed and hopefully people will slow down a bit.
Park Commissioner Ellis presented sketches of a bridge for over the creek in the park. Wants to begin discussion in order to promote ideas that would be a tribute to the park for years to come. Volunteers and contributions will be needed. Veteran organizations have already shown interest. Charitable Gambling funds could also be used. City will need to approve a plan. Discussion ensued as to type of materials to use, wood, steel or concrete. Bridge should be aesthetically pleasing with a width that won’t accommodate 4-wheelers, unless steel piling is placed in the middle.
Estimate to blacktop Lake Shore Blvd is approximately $8,500. Could Community Improvement funds be used? Once sewer project is done Council will look at street project more aggressively. Patches are affected by poor drainage. Seal coating company spoke with Weinreich and stated that some of the streets are so bad it wouldn't work. In other areas it would prevent them from getting worse. Peterson's of North Central Paving has always stated that overlays are the way to go. Blacktopping bids will be forthcoming. Make a priority list. Check on price to peel off old blacktop and relay. Grants for streets and maybe water will be investigated once street project in underway.
Ellis’ existing garage does not meet setbacks from Highway 27 or County Road 23, thus making it a non-conforming structure. Applying for permit to build storage shed that would meet setbacks. Would also like to build a gable roof on the garage, which has solid foundation. He has a small lot and there isn’t anyplace else to build a garage. Clerk read non-conforming ordinance definition. Actual foot print of garage would remain, but pitch and height would change. Council agreed a variance is not required as long as the garage is entirely contained to his property.
Motion by Tyson, seconded by Bjornson-Main to approve
payment of checks #18159 through #18186 in the amount of $10,432.66. Motion carried unanimously.
Motion by Tyson, seconded by Ellis to adjourn. Motion carried unanimously. Meeting adjourned at 9:00 p.m.
__________________________________________ _________________________________________
Karrie Roeschlein, City Clerk/Treasurer Sandy Reichel, Mayor
May 9, 2005; Council Mtg; Page 2 of 2
The May 23, 2005 Special Planning Commission meeting was called to order at 6:01 p.m. by Mayor Sandy Reichel. Council Members present were Kim Tyson, Ronda Bjornson-Main and Donald Ellis. Council Member Nathan Bassett was absent. Employees Chris Weinreich and Karrie Roeschlein were present.
Jodi Kanera of Mille Lacs Island Resort (MLIR) was present to discuss installation of a flow meter. City engineer has indicated one should be installed to accurately measure flows. Resort owner Bob Spizzo was unable to attend. MLIR believes the hour meters currently installed are sufficient. Kanera stated she had a letter from the Minnesota Pollution Control Agency (MPCA) indicating hour meters are the most common and acceptable means to measure flow in the state. Regular calibration of pumps is key. Braun Pump calibrates their pumps twice a year. Clerk unsure of the last calibration report received. MLIR installed a third meter to record hours of when both pumps run. Looking back over minutes, MLIR was under the impression that everyone agreed money would be better spent in maintenance and repair of lines then installing a flow meter. MLIR also installed data loggers at the city’s request.
Weinreich would like winter occupancy list, map of repairs and pump calibration reports. According to the 1986 Agreement flow meters were to be installed. Previous sewer commissioner Bill Buesgens wanted them installed. They should be located at the end of the force main just prior to city limits near Hwy 27 and County Rd 23 (Stevens Road). Very complicated project, which includes directional boring and state agencies, as well as being very costly. Kanera noted that previous wastewater operator Joe Robinson had shut off MLIR, checked a manhole and concluded the force main wasn’t leaking. Braun Pump can write a program based on MLIR and lift station #1 pumps utilizing data logger information. Report would convert amperage to flows. Cost would be $2,000 - $2,500. Kanera stated MLIR would be willing to pay some of the cost.
MLIR would have their pumps calibrated by a company that Wahkon chooses. Some resort repairs include a totally accessible main line within the road. When a line is replaced so are the laterals. Calibration reports will be forwarded and Kanera will come in and note repairs on city map of the resort. Council requested Kanera attend the 6/13/05 council meeting to further discuss this matter with city engineer.
Council Member Nathan Bassett arrived at 6:22 p.m.
Nick’s Excavation and Milaca Welding Services Inc. were present to discuss quotes to build a bridge over the creek between the two parks. Nick will do the prep work for $6,750 and Milaca Welding would weld the bridge for $6,864.55 tax not included. Park Commissioner Ellis is having second thoughts on how to do this project. Existing cement culvert is pretty solid except for an edge here and there. Instead of removing the culvert as originally thought two smaller culverts could be installed and the bridge built over them. Project would be less costly, but would it be aesthetically pleasing? Weinreich has spoken to several veteran groups and money doesn’t seem to be a problem. Special workshop meeting will be held with funding agencies, Ellis, and Weinreich to formulate a plan of action. Contractors would also like to attend. Paul of Milaca Welding stated the price would include a city logo on the bridge. Metal to be used meets OSHA standards and can be smooth or serrated. Load capacity will be checked.
Wayne & Carol Chester were present to discuss impervious coverage of their property. 34.7% without decks and 36.5% with decks. This is as tight as they can go under the circumstances of originally believing 50% coverage. Zoning Administrator Weinreich had Wayne sign a notice that the property would be under 25% prior to granting the pole barn permit. Chester felt he was coerced in signing that as he had contractors waiting. At the 5/9/2005 council meeting it was decided that a 5% buffer would be allowed up to 30% from the original 25% mandated by Shoreland Management Ordinance. Chester’s were asked to try to get as close to 30% as possible. They have helped the situation by not constructing a building they had planned for. Reichel contacted real estate agencies about this issue. Edina Realty holds classes on DNR regulations such as impervious. Discussion continued. Bassett feels there has been misunderstandings on both sides. City is wiser now and will revise building permits to better inform the public on this subject and to gather necessary information. Lonnie Thomas of the DNR believes decks to be impervious. Permits are not required to install patios, driveways, or decks under 3’ in height. Weinreich wants it on record that the 50% may have been an issue when the house was built, but in reviewing last years pole barn permit, Chester was made fully aware that 25% was correct. Bassett noted that 4.7% is not that much above the buffer zone of 30%. Bjornson-Main would like Chester to work on getting the number down a bit more. Several people have told Tyson pushing it up to 30% is okay, but nothing more should be allowed as a precedent would be set. Bassett disagreed, as this is a unique situation complicated by miscommunication. Motion by Bassett, seconded by Ellis to accept the impervious coverage of 34.7% (not including decks) for Wayne & Carol Chester’s property located at 1485 Lake Shore Blvd, PID #25-561-0390 described as SE’ly 25 Ft of Lot 10, Block 3 and Lot 11, Block 3, Meshigun Point Revised, Wahkon. Ayes: Bassett, Ellis, Bjornson-Main, and Reichel. Opposed: Tyson. Motion carried.
Reichel would like zoning permits to be placed on the agenda for the 6/27/2005 special planning commission meeting. Clerk mentioned it would be great to budget for a website where city information could be reviewed.
May 23, 2005; Special Planning Commission Mtg; Page 1 of 2
City attorney William Lines forwarded Marofsky’s (Jeff Eye’s attorney) response letter dated 5/19/2005. City had offered to vacate the west half of Beulah Ave in return for Lots 12 & 13 of Block 2, plat of Pottstown, Wahkon. “Your letter indicates a need to use at least part of Beulah Avenue for gravity sewer. This we can understand. It seems to me that we could easily provide that while Beulah Avenue could be vacated in its entirety, the East half would be reserved with a utility easement so that the city could use it. Beulah is 66.04 feet wide which is twice as wide as most residential streets in the City of Minneapolis. 33 Feet is more than adequate for the construction of a sewer. My client is adamantly opposed to transferring title to Lots 12 & 13. One of the reasons is that he owns Lot 14 and the transference of Lot 13 would leave him a property of approximately only 24.375 feet frontage. This would create a very narrow lot, at a very deep level.” It further reads they are aware of Denise Buesgens concern about access to her property, Lot E of Block 1. Eye would be willing to not vacate a portion of Hill Street thus allowing her easier access. Ellis wondered if Lines changed items as directed by council on the original offer letter as Marofsky’s letter just mentions sewer “and/or street development was to be added”. Marofsky may have intentionally omitted that factor. What is the city getting in return for vacating all of the road? That point is irrelevant as the property owner can do what he pleases. Ellis was approached by Eye a week ago to discuss the situation. Ellis stated he could only discuss items that were presented during an open meeting. Eye would like to work with the city without lawyers, but also doesn’t want to give up any land. Motion by Tyson, seconded by Bjornson-Main to instruct Attorney Lines to respond to Marofsky’s letter that the offer stands as previously stated. Motion carried unanimously. Clerk to request copies of letters.
League of MN Cities (LMC) is holding a land use issue session in St. Cloud on 6/8/2005. LMC attorneys have noticed more court cases regarding zoning. Weinreich hasn’t received any outside training for land usage. Council agreed to register three persons to attend both sessions at a fee of $25 per person per session. Weinreich and Reichel are able to attend while the others will check their schedules.
Bassett believes the city should have a written policy for the development of streets and alleys. What do other small cities do? Clerk had checked awhile ago and found one or two cities that shared in the cost, while most others required the developer pay. City would never make their investment back. Many years ago one resident was told he could cut down some trees located on a paper street (platted on paper, but not developed). What about liability? Bassett has put class five on the alley behind his house. Need to know exactly where the street is. Some may only want to develop a street partially to access their property easier. Would have to decide on what would be allowed on a case by case basis. Land excavation alteration permit should apply. Liability insurance is required to work within city right-of-ways. Bassett suggested development of paper streets is solely the responsibility of the property owner and/or developer and must meet city specifications. City will maintain said street after it is built. Ellis added that any filling, clearing, and/or grading occurring on city right-of-ways by property owners and/or developers must be approved by permit and meet city standards. A certified survey marker must be within 300 feet or a survey would be required.
Clerk noted she was unable to contact Duke Addicks at the LMC to answer a few questions council had regarding the Basic Code. Council agreed to remove the subdivision chapter.
City is having difficulty collecting past due usage fees that haven’t been assessed when a property is sold. Clerk contacted Mille Lacs County to see if assessments could be made more often, but they are posted only once a year when property taxes are calculated for the new year. Implementing a penalty fee for past due should help. Deposits could be collected, but are mainly used to promote prompt payments. Interest would need to be paid on deposits, creating more paperwork. Durco LLC was the first account to be credited and two others seem to be forthcoming, Stevens/Rodrigue and NRS. Writing off usage fees has never happened since Clerk started. State statute protects new owners from having the responsibility of paying usage owed by previous owner. Clerk will require all assessment requests from realtors and/or closing agencies be in writing. Suggestion was made to write letters to local real estate agencies making them aware of the problem.
June 27, 2005 special planning commission meeting agenda to include building permit revisions, street & alley development policy and specifications, and golf cart regulations. Council instructed Clerk not to add anything else to the agenda.
Motion by Tyson, seconded by Bjornson-Main to adjourn. Motion carried unanimously. Meeting adjourned at 7:52 p.m.
________________________________________ _________________________________________
Karrie Roeschlein, City Clerk/Treasurer Sandy Reichel, Mayor
May 23, 2005; Special Planning Commission Mtg; Page 2 of 2
The June 20, 2005 Special City Council meeting was called to order at 3:00 p.m. by Mayor Sandy Reichel. Council Members present were Ronda Bjornson-Main and Don Ellis. Council Members absent were Kim Tyson and Nathan Bassett. Employee Karrie Roeschlein was present. Mayor Reichel called this special meeting to interview attorneys from the law firm of Couri, MacArthur & Ruppe, P.L.L.P. (CMR). Attorney Kristen Carr and Partner/Attorney Andrew MacArthur were present.
Council was very impressed with CMR’s request for proposal (RFP) for city legal services. Carr was a city administrator of Hanover and understands city government. Was also clerk for Hennepin County Judge. Grew up in small town in Wisconsin. Likes small communities. The firm has a variety of clients, small and large cities and townships.
Council gave summary of what Wahkon is currently doing and what the future holds. Currently building additional sewer pond. Next project will be an overall street development project, which may include storm water and water. CMR’s strong suit is land use, zoning, contract issues, working with staff and consultants, redevelopment, joint powers agreements and condemnation proceedings. Annexation may also be in Wahkon’s future.
City would like to grow with their legal firm. Carr has no intention of leaving the firm in the foreseeable future. They have worked with City of Otsego since their incorporation, which is developing very quickly. Email and fax can be used to contact Carr. CMR’s philosophy is get their clients to where they want to be and be as much involved or as little as city directs. Would like to know what is going on, even not billing for some calls, just to stay in the loop.
Council felt our previous legal firm wasn’t aggressive enough. Carr considers herself proactive. Red flag should be resolved promptly. She isn’t afraid of confrontation. Find a solution or get things to court for resolution. Can cities request reimbursement for frivolous lawsuits? Carr stated that with every lawsuit City should ask for reimbursement, but usually none are granted.
League of Minnesota Cities Insurance Trust (LMCIT) has great coverage for cities. Unlimited legal support. Try to meet with involved parties before hand, especially for assessment proceedings. Get issues on the floor through public forums. Be as open and as thorough as a city can be. When correct information is given consistently, many problems can be derailed. Carr suggested that every lawsuit be turned over to the LMCIT, even if unsure of coverage and also inform city legal firm. Assistance from LMCIT could increase premium. CMR would advocate to the LMCIT as they have extensive resources. Big problem for the other side if LMCIT is representing city.
In order to familiarize themselves with the city, CMR will not charge for ramp up time. Flat fee to attend meetings is $300, which is a little over an hour travel time each way. No retainer fee. CMR’s clients are 90% municipal. They are not representing any land developers. Sample policies pertinent to development could be provided. Fee structure should be in place indicating that engineer and attorney fees will be passed along to the developer. Get things in place before hand, otherwise they dictate the terms. Organize, be in control and clarify things in black and white terms.
Adult Use Ordinance may need to be updated. Only requirement is a conditional use permit, as Wahkon doesn’t have zoning districts. If all conditions can be met, the adult use establishment should be approved under their First Amendment rights. Carr helped City of Hanover draft a comprehensive plan and new zoning ordinances as city administrator.
Motion by Bjornson-Main, seconded by Ellis to adjourn. Motion carried unanimously. Meeting adjourned at 3:57 p.m.
_____________________________________________ ___________________________________________
Karrie Roeschlein, City Clerk/Treasurer Sandy Reichel, Mayor
The June 27, 2005 special Planning Commission meeting was called to order at 6:00 p.m. by Mayor Sandy Reichel. Trustees Nathan Bassett, Donald Ellis, Kim Tyson, and Ronda Bjornson-Main were present. Employees Chris Weinreich and Karrie Roeschlein were also present.
Council compared our building permit application to Isle and Onamia. Discussion ensued on how to better inform the public about impervious surface coverage restrictions, land excavation/alteration, etc. Mille Lacs County Zoning has granted permission to utilize their excel worksheet for impervious coverage. Council agreed that property owners will be required to sign a notice that they have received all pertinent information and are aware of the regulations. Checklist of applicable ordinances will be used for signature. Add question to permit, “how much fill will be brought in” and warning that they must not adversely affect neighbor’s drainage. Include impervious definition (excluding decks) and map of the 1,000 foot area from the lake where 25% restriction is applicable. If a property is partially within the 1,000 foot area, the owner shall have the right to discuss his permit with Council at no charge in order to determine if impervious coverage restrictions should apply dependent on where the building site is located. On the permit note that “incomplete applications will not be processed.”
Council agreed to use Mille Lacs County Highway Department specifications for construction of local roads with the addition of 2.5” bituminous and that roads shall be offset within the right-of-way as not to cover sewer mains. This policy will apply to the development of paper (undeveloped) streets. State statute grants cities authority to restrict loads to 5 tons during seasonal restrictions. Person’s wanting only to access their property must come to council to discuss the matter. If authorized, it shall be their responsibility to maintain and plow it. Land Excavation/Alteration Ordinance requires liability insurance for anyone working within city right-of-ways.
Clerk to draft an ordinance regulating golf carts to include no driving on sidewalks and lights are required if driving at night. Children aged 12 – 15 may drive a golf cart provided they have an appropriate DNR safety certificate and abide by the rules and restrictions of the certificate. No one under the age of 12 may drive a golf cart.
Bjornson-Main would like to see burning barrels banned due to some people burning garbage. Smell and rodents are a concern. Recreational fires can be used to burn vegetative material. Motion by Bjornson-Main, seconded by Bassett to band burning barrels within city limits. Ayes: Bjornson-Main, Bassett, and Reichel. Opposed: Tyson and Ellis. Motion carried. Clerk to draft ordinance and put on next month’s agenda. Make the public aware through posted notice.
Should fish houses be regulated? Currently fish houses must be licensed. Blight would apply if windows are broken. Should residents be limited to how many can be stored? Fishing industry is our main economy. Recreational vehicle storage needs to be addressed also. It was noted that some fish houses at J&J Resort haven’t been moved in years and are unlicensed. Clerk to send letter. Jeff Nelson will also be sent one for his singlewide fish house. Council agreed not to regulate fish houses at this time.
Wahkon Civic Association is in the process of changing
gambling managers and the State requires a new resolution approving their
gambling license at Mugg’s Main Street Saloon.
Motion by Bjornson-Main, seconded by Bassett to adopt Resolution No.
062705 “A Resolution Approving Charitable Gambling Within The City Limits of
Wahkon.” Motion carried unanimously.
Reichel wants these special planning commission meetings limited to specific topics. Items should not be added just because there is another meeting. Clerk noted that before the Basic Code is adopted, our ordinance book should be reviewed to see what needs to be kept. Legal review is also recommended. Clerk to make note of all changes and deletions to the Basic Code and get to Council as soon as possible.
Motion by Tyson, seconded by Bjornson-Main to adjourn. Motion carried unanimously. Meeting adjourned at 7:31 p.m.
________________________________________ __________________________________________
Karrie Roeschlein, City Clerk/Treasurer Sandy Reichel, Mayor
The July 11, 2005 Planning Commission meeting of the Wahkon City Council was called to order at 6:00 p.m. by Mayor Sandy Reichel. Council Members Nathan Bassett, Ronda Bjornson-Main, Kim Tyson and Donald Ellis were present. Employees Chris Weinreich and Karrie Roeschlein were also present.
Council reviewed approved permits for Donald E. Diver Jr., PID #25-561-0730; Don Ellis, PID #25-520-0120; Tom Jorgenson, PID #25-561-0540; Kevin & Joyce Kelly, PID #25-561-0610; and Janet Schultz, PID #25-017-2200.
Tom Johnson sent a letter dated 6/10/05 regarding “Resolution to the per-mobility issue.” Council had requested through a letter to Johnson to allow Weinreich to recalculate impervious coverage of his property at 190 4th St W. Last calculations exceeded the 25% requirement. “We can argue about who said what, what was agreed on the building permit, argue about a variance or we can agree on a manageable solution. My choice is to agree on a solution.” Letter gave in depth discussion on how he will manage the water run off. Neighbor Sue Partridge is also involved with drainage between their properties. Council agreed to leave as is. If Johnson’s wish to build anything else, complications will arise due to impervious coverage.
Hubert & Verona Rodrigue’s subdivision request was approved last month contingent that a 10 foot discrepency was corrected. Revised Certificate of Survey has been drawn with accurate measurment of 360’. Survey markers will be relocated soon. Donald Tienter purchased parcel 2. Chris Weinreich, the abutting property owner, and Tienter signed the survey stating they “agree to the legal description of this Certificate of Survey, specifically regarding the South property line of Parcel 2. If future survey or legal documentation discloses any discrepancy or inaccuracy of this legal description we agree to resolve said discrepancy.” Clerk to sign subdivision request.
Donald & Sylvia Hamilton wish to subdivide a strip of
their land abutting Sue & Don Diver’s property measuring approximately 29
feet in width in order to resolve an encroachment issue of Diver’s residence. Motion by Tyson, seconded by Bjornson-Main
to approve Donald & Sylvia Hamilton subdivision request on PID #25-561-0720
into Tract A & B. Tract B does not
meet current buildable lot standards of 75 feet minimum width and 10,000 square
feet. Tract B is being sold to the
neighboring property owner, Susan G Diver, PID #25-561-0730, to alleviate
encroachment issues. If Tract B isn’t
added to Diver’s property it would be considered a non-buildable parcel and
would require a variance. Motion carried
unanimously.
Bill Hill of Mille Lacs Area Community Development Corporation (MLACDC) was scheduled on the council meeting agenda, but it was decided to let him speak here. Hill became new chairman 6-8 months ago. He wishes to reintroduce MLACDC to the neighboring communities and remind them this organization isn’t solely for Onamia. Their objective is to help small businesses grow that are currently in the community. Huge undertaking considering there are 600+ businesses with store fronts paying sales tax, not including home based businesses. Helped Lisa Scheunemann of Rainbow’s End with financing for her business. They are also in the process of purchasing the baseball fields in Onamia from the school district in order to construct affordable family housing. Julie Vreeland is available to help with business subsidies such as tax abatement. MLACDC does recoup expenses through fees, but are mostly funded through gambling (pull tabs). He believes government entities are not charged. Hill invited the council to designate someone to sit on the board of directors. Scheduled meetings are held every 3rd Wednesday of the month.
Motion by Tyson, seconded by Bassett to adjourn. Motion carried unanimously. Meeting adjourned at 6:26 p.m.
________________________________________ ______________________________________________
Karrie Roeschlein, City Clerk/Treasurer Sandy Reichel, Mayor
The July 11, 2005 Wahkon City Council meeting was called to order at 6:27 p.m. by Mayor Sandy Reichel. Council Members Nathan Bassett, Ronda Bjornson-Main, Kim Tyson and Donald Ellis were present. Employees Chris Weinreich and Karrie Roeschlein were also present.
Motion by Tyson, seconded
by Bjornson-Main to approve the 6/27/2005 special planning commission meeting
minutes. Motion carried unanimously.
According to Eric Jensen, 330 3rd St E, his car was sprayed with tack oil by Rocon Paving while parked off the street in the grass. He turned in an estimate from Isle Auto Body for $356. Weinreich informed Brian Roth of Rocon about the situation. Council agreed to wait and see how Rocon handles this. Isle Auto Body told Weinreich they didn’t see the vehicle but were told what was on it and quoted the price accordingly.
Initiative Foundation sent a thank you letter for Wahkon’s $100 donation.
Dan Viau of S.E.H was present. Sewer pond contractors have submitted their first pay request for 75% of mobilization, $39,000 and 90% of clear and grub, $63,000, less 5% retainage, $5,100 for a total of $96,900. Motion by Bjornson-Main, seconded by Tyson to autorize a $96,900 payment to Hydro Engineering Inc. Motion carried unanimously. Mayor to sign authorization papers and clerk will forward them to appropriate parties.
Elevations will be verified again to ensure dirt work figures are accurate. Wetland mitigation approval is still pending. Viau will stay on top of it in order not to delay the contractors. U.S. Army Corp had heard that land owners no longer had concerns. Not true as Cherly Anderson just spoke to Clerk and asked why no one has contacted them about their concerns. Clerk forwarded S.E.H response to their and Del Freichel’s concerns and explained how everything is being handled through the U.S. Army Corp. Anderson dug a drainage ditch directing water across sewer pond property, where the new pond will be constructed. City told Mille Lacs County this drainage wouldn’t be blocked.
Monitoring needs to begin at Mille Lacs Island Resort (MLIR). Cervocal Instruments quoted $3,900 for the system and $1,400 for confined space installation for a total of $5,300. Council agreed to setup another meeting with MLIR and Viau. Weinreich stated that when both MLIR pumps run together, it can force our system into alarm, even with 2” rainfall.
Council agreed pictures should be taken at the ponds to record history. Weinreich is done discharging for the rest of the summer. He wants to get out to the berm and devise plan for maintenance.
Weeds at corners are becoming a safety factor. Weinreich is trying to get ahold of the company that did all the ditches last year. Rocon Paving will finish blacktopping within two weeks. Bassett suggested Weinreich measure the depth of the blacktop to ensure minimum of 2”. Beach at Vet’s Park will require another aquatic permit to spray remaining weeds. A lot of swimmers used the beach over fourth of July weekend. Dead weeds need to be removed.
Auditor made special trip to help Clerk balance treasurer’s financial due to an uncashed check under $50. April’s ending balance was $252,958.44; May $258,389.37 and June $1,708,405.21.
Charitable Gambling Fund received $24.79 from Onamia Lions Club and $318.67 from Wahkon Civic Association for May. According to Sally Doran, President of WCA, Denise Buesgens continued one month longer than anticipated as gambling manager due to the fact that Pat Heinsen hadn’t officially received certification. Council requested through Doran that Heinsen share what she learned about lawful purpose expenditures pertaining to gambling funds at her earliest convenience.
Mille Lacs County Sheriff Brent Lindgren emailed the results of the Safe & Sober campaign in Wahkon on May 26, 27 and 29. Out of 138 vehicles stopped, 124 were warned for speeding (up to 50 mph), 16 citiations issued for no seat belts.
State Representative Sondra Erickson will be running for reelection. She forwarded a letter detailing responses from a questionnaire, information on a pork chop picnic/fundraiser and 2005 legislative review.
Special meeting was held to interview the legal firm of
Couri, MacArthur & Ruppe, P.L.L.P.
Attorney Kristen Carr sent a letter thanking council for the opportunity
to interview. Mayor Reichel was very
impressed with their firm and Carr who used to be a city clerk. Carr stated she is available to grow with the
city as she has no plans to leave this firm.
Tyson did some checking and came back with great comments. Motion by Bassett, seconded by
Bjornson-Main to hire Couri, MacArthur & Ruppe, P.L.L.P to provide legal
services to the city. Motion carried
unanimously. Current Attorney
William P. Lines was the only submission for prosecution legal services. Motion by Tyson, seconded by Bjornson-Main
to continue with Attorney William P. Lines to provide prosecution legal
services. Motion carried unanimously.
Lisa Scheunemann wasn’t present but had asked to be placed
on the agenda to request that one sewer usage fee be removed , development of
alley behind Rainbow’s End and tax abatement.
Motion by Tyson, seconded by Ellis to table Lisa Scheunemann
discussion pertaining to Rainbow’s End.
Motion carried unanimously.
July 11, 2005; Council Mtg; Page 1 of 2
David Oberfeld of Oberfeld
Insurance suggests the city does not waive monetary limits on municipal tort
liability. League of MN Cities Insurance
Trust (LMCIT) liability coverage waiver form states “If the city does not waive
the statutory tort limits, an individual claimant would be able to recover no
more that $300,000 on any claim to which the statutory tort limits apply. The total which all claimants would be able
to recover for a single occurrence to which the statutory tort limits apply
would be limited to $1,000,000.” Motion
by Tyson, seconded by Bjornson-Main that the city does not waive the monetary
limits on municipal tort liability established by Minnesota Statutes
466.04. Motion carried unanimously.
Current vendor policy may have caused Wahkon Inn to lose a potential renter of her hall to conduct a tool sale the Friday before Wahkon Day. Clerk indicated to this potential renter that as it was Wahkon Day weekend, permission would be required from the Wahkon Civic Association (WCA). Doran stated it only took a few days to get back to them that no conflict existed. Council doesn’t want to detract from WCA fund raisers, but must also protect business owners. Clerk noted that current vendor definition really defines a transient merchant. Motion by Tyson, seconded by Bassett to draft a transient merchant policy through a resolution based upon the old vendor policy. Clerk to remove item #4 stating businesses wanting to conduct business outside their normal “everyday” business activity during weekends designated as WCA fundraising events must obtain permission from WCA. Motion carried unanimously.
LMC sent letter that their board of directors “voted to set a maximum dues increase of 3.5% for the 2006 fiscal year beginning September 1, 2005.
Notice was posted at three places that council would be considering the adoption of an ordinance banning burning barrels. Tyson heard concerns that it was safer to burn in barrel that an open firepit. Motion by Bassett, seconded by Bjornson-Main to adopt ORDINANCE NO. 2005-3 “AN ORDINANCE PROHIBITING BURNING BARRELS.” Ayes: Bassett, Bjornson-Main, Ellis and Reichel. Opposed: Tyson. Motion carried.
Motion by Ellis, seconded
by Bjornson-Main to approve payment of checks #18232 through #18259 in the
amount of $15,936.38. Motion carried
unanimously.
Employee annual reviews were scheduled for tonight, but council would like more time. Reschedule reviews for 6/25/2005 special planning commission meeting. It was agreed that clerk would not participate in evaluation of employees or take minutes in order to ensure closed meeting and make employee comfortable to voice any and all opinions.
Bassett requested clerk find price of no littering signs for bare butt beach area as he was given donations for one. If one is to be erected, clerk will contact Isle Harbor Township as a courtesy due to the fact the city limits ends in the middle of the road.
Motion by Bjornson-Main, seconded by Tyson to adjourn. Motion carried unanimously. Meeting adjourned at 7:25 p.m.
__________________________________________ ______________________________________________
Karrie Roeschlein, City Clerk/Treasurer Sandy Reichel, Mayor
July 11, 2005; Council Mtg; Page 2 of 2
The July 25, 2005 Special Planning Commission meeting was called to order at 6:00 p.m. by Mayor Sandy Reichel. Council Members present were Nathan Bassett, Don Ellis, and Kim Tyson. Council Member Ronda Bjornson-Main was absent. Employees present were Chris Weinreich and Karrie Roeschlein. No one else was in attendance. This meeting was called by the Mayor to review changes to Minnesota Basic Code (MBC), set fees and charges, set street and alley development policy and specifications, set 8/22/05 special planning commission meeting agenda and conduct employee reviews.
Street Commissioner Tyson is requesting that additional
funds be procured to have Hennepin Avenue blacktopped in the amount of
$2,438. Community Improvement Fund has a
balance of $16,523.02, less $1,755 (blacktopping budget overage already
approved) for a balance of $14,768.02.
If Hennepin were approved, balance would be $12,330.02. Motion by Bassett, seconded by Ellis to
only patch the bad holes and not full section of Hennepin Avenue as
blacktopping budget has already been exceeded.
Motion carried unanimously.
There is a big dip on Lake Shore Blvd that has been there for years. Weinreich will see of Rocon Paving can do something with it at no charge. Applying tack prior to blacktopping was discussed. According to Roger Moore who used to work for the City of Blaine, they tack everything completely. Not every company has spray tack equipment. Approximately 900 feet equals $300 extra. Rocon Paving has small roller; we may want larger one. Reichel called around on Rocon’s work and the only negative comment was they should have rolled the blacktop more. Bassett suggested and Council agreed to get examples of what other small cities have for specs on blacktopping and sidewalks and set up a bid sheet.
Approved minutes from 6/27/05 meeting read in part “Council agreed to use Mille Lacs County Highway Department specifications for construction of local roads with the addition of 2.5” bituminous and that roads shall be offset within the right-of-way as not to cover sewer mains. This policy will apply to the development of paper (undeveloped) streets.” Bassett recalled there was a change made to the width. Clerk requires clarification prior to drafting policy. Council agreed “where applicable” should be added to “minimum ditch depth from shoulder 2.5 feet and minimum ditch widths of 2 feet.”
Employee review for Weinreich will be conducted promptly in order that he may enjoy the rest of his birthday. Clerk removed herself as evaluations are closed.
Council began reviewing changes to MBC and made the following changes:
1. No tobacco regulations as Mille Lacs County (MLC) handles them.
2. Copy of MN State Statutes should be available. How much and how do we get them?
3. Model Adoption Ordinance, Section 1 & 5: Council agreed to remove the sentence “It is the intention of the City Council that, when adopting the Minnesota Basic Code, all future amendments and supplements are hereby adopted as if they had been in existence at the time this Ordinance was enacted, unless there is clear intention expressed in the Code to the contrary.”
4. Section 4 states copies should be available for distribution to the public. Clerk to ascertain cost to copy MBC and inform the public. If required a copy will be sent to county library.
5. Chapter 30 General Provisions, Section 30.04 Order of Business (B) Petitions & agenda states 72 hours is sufficient for an item to be heard at a meeting. As Wahkon currently requires 11 days prior notice, not including meeting date. Per Duke Addicks at the League of MN Cities (LMC) “I suggest leaving the language in the code alone and just following your own policy. What is in the code is state law but since your policy provides more notice there is no conflict.” Council agreed.
6. Chapter 32 Emergency Management. Remind Weinreich to look at utilizing Wahkon Presbyterian Church basement as storm shelter.
7. Section 51.064 Licenses. City shouldn't license contractors, but require certificate of license and insurance when permit is obtained. Clerk to make sure they are on file. Keep (A); remove (B) (C) (D) and (E).
8. Sections 51.113 Establishment Of A Sewer Service Charge System through 51.116 Administration. Remove.
9. Section 92.18 Public Nuisances Affecting Peace & Safety does apply to local drinking establishment offering karaoke, bands, weddings, etc. Council agreed to remove (F) and (V)(1)(d).
10. Section 112.34 Minors on Premises (A) states no one under 18 may be employed where intoxicating or 3.2 percent liquor is sold at retail. Council agreed to add provision as suggested by Addicks “The provisions of 112.34 shall not be construed to prohibit persons under the age of 18 from selling 3.2% malt liquor at retail off-sale locations.”
11. Chapter 118 Regulations Of Public Dances & Special Events does apply to local drinking establishments unless limited in some way. Council agreed to remove this chapter and draft their own less restrictive ordinance.
12. Chapter 119 Sexually Oriented Businesses. Council agreed attorney needs to review our current ordinance and amend accordingly. Remove all references to sexually oriented businesses from MBC including Section 150.05 Location of Sexually Oriented Businesses and Chapter 153 Anti Blight Regulations.
13. Clerk to request that owners of the two new businesses in town come and introduce themselves at a council meeting.
July 25, 2005; Special Planning Commission Mtg; Page 1 of 2
Council reviewed model ordinance establishing fees and set them as follows:
1. Non applicable (NA)
2. Leave as is
3. Connection fee $1,000
4. #4 through #21 - NA
5. #5 monthly sewer service charge has already been sent at $25.75 per usage with 3% annual increase.
6. #23 - NA
7. #24 parade permit $0
8. #25 annual permit motorized golf cart $0
9. #26 through #29 - NA
10. #30 open burning permit $0
11. #31 through #40 - NA
12. #41 already set. Liquor On-Sale $1,200; Liquor Off-Sale $100; Sunday Liquor $150; 3.2% On-Sale $50 and 3.2% Off-Sale $15.
13. #42 - NA
14. #43 tattooing or body piercing business license $0
15. #44 through #51 - NA
Clerk to draft MBC model adoption ordinance and have attorney review it. Attorney will also review all current city ordinances to see which should be kept and which will be repealed by the MBC.
Finalization of the MBC will be on the Special Planning Commission meeting 8/22/05 agenda, after which it should be ready for adoption.
Mayor Reichel called for a five minute recess. Meeting was reconvened at 7:57 p.m.
Employee review for Roeschlein was conducted and was closed upon her request.
Motion by Tyson, seconded by Bassett to adjourn. Motion carried unanimously. Meeting adjourned at 8:15 p.m.
__________________________________________ _____________________________________________
Karrie Roeschlein, City Clerk/Treasurer Sandy Reichel, Mayor
July 25, 2005; Special Planning Commission Mtg; Page 2 of 2
The August 8, 2005 Planning Commission meeting of the Wahkon City Council was called to order at 6:02 p.m. by Mayor Sandy Reichel. Council members present were Kim Tyson, Ronda Bjornson-Main, and Donald Ellis. Council member Nathan Bassett was absent. Others in attendance were employees Chris Weinreich and Karrie Roeschlein and city attorney Kristen Carr.
Council reviewed approved permit issued to Fran Weiers, PID #25-040-0670. Original permit expired for his garage & deck and he will not have time this year to fully complete it with siding. New permit does not include the deck from original permit.
Trustee Nathan Bassett arrived at 6:03 p.m.
Siding hasn’t been completely installed at the residence/business of Fred Main and Ronda Bjornson-Main. They had two permits, one for the residence/business/garage and the other for log cabin model, both of which have expired. Fred submitted photos to clerk. Special length siding was required, which has been received. Hammer Joe will install as soon as possible.
Nathan Bassett cleaned out the ditch on the west side of Hennepin beginning at 3rd Street E within block 6 without required land excavation/alteration permit. Bassett stated he had the equipment one-day and wanted to clean it out in order that water doesn’t back up onto his property. In 2000 Bassett installed a culvert under 3rd Street without a permit. City requires insurance when working in right-of-way. Gopher State One Call wasn’t contacted either. Bassett thought his previous locates would suffice. Locates only last 14 days. Council agreed to impose non-permit penalty of five times the usual permit ($40 x 5 = $200). Kevin Schultz, Eastside Sewer & Construction will remove pile of concrete in ditch. Bassett apologized and stated he made a mistake.
Methamphetamine Cleanup Ordinance public hearing August 16th at 9 a.m. at the Mille Lacs County Board meeting in Milaca. Essentially clean up would be responsibility of property owner.
Special Planning Commission meeting August 22nd at 6 p.m. to finalize adoption of the Minnesota Basic Code.
Council welcomed Lisa Heart, new business owner of The Look By Us on North Main Street.
Kenny Schmiek of Island View Resort was present to discuss possibility of installing 12 campers on two lots in Block 25 measuring 100’ x 140’. Currently the resort isn’t collecting enough revenue. Land hasn’t been purchased yet. Council agreed proper procedure must be followed, including a planned unit development (PUD), conditional use permit public hearing, public notification, etc. Attorney Carr stated current property owner would need to be a co-applicant. Weinreich asked if Schmiek’s first PUD was complete. Pretty close, all setbacks are being met.
Schmiek asked about vacating the alley at the same time. Two different issues. If vacated Schmiek would only add 10’. Council’s next big project is city wide street renovation. At that time they will be looking at all streets and alleys and deciding if some would be better off on the tax rolls. Ellis definitely wants public hearings to get public input. Since 1994 no vacations have been granted. Comprehensive plan for the city will help with future planning.
Motion by Tyson, seconded by Bjornson-Main to adjourn. Motion carried unanimously. Meeting adjourned at 6:21 p.m.
_______________________________________ ________________________________________
Karrie Roeschlein, City Clerk/Treasurer Sandy Reichel, Mayor
The August 8, 2005 Wahkon City Council meeting was called to order at 6:24 p.m. by Mayor Sandy Reichel. Council members present were Kim Tyson, Ronda Bjornson-Main, Donald Ellis, and Nathan Bassett. Others in attendance were employees Chris Weinreich and Karrie Roeschlein and city attorney Kristen Carr.
Motion by Tyson, seconded by Bjornson-Main to approve minutes of the July 11, 2005 Planning Commission and Council meetings. Motion carried unanimously.
City engineer Dan Viau of S.E.H gave progress report of wastewater pond project. Going fairly well considering wet spring. Buried stumps from original 1970’s construction were found. Soil is unstable and muck excavation is extra. Bid did include off-site stump removal. Make sure City received credit for allowing burial in non-impacted area. Second pay request has been made and 15% retainage has been subtracted. Motion by Bjornson-Main, seconded by Ellis to approve payment of $232,569.50 to Hydro Engineering. Motion carried unanimously.
Jodi Kanera of Mille Lacs Island Resort (MLIR) was present. Viau updated council on what transpired at the special sewer workshop meeting held last week regarding monitoring of flows at MLIR. Reichel explained how only two council members attend these workshop meetings. Flow monitoring is critical in order to ensure new wastewater system lasts 20 years. MLIR has agreed to install a weir flow monitoring system, submit monthly readings, calibrate pumps and weir meter quarterly, and meet with city annually to discuss flows. According to Viau’s memo “Ponds are designed for an Average Wet Weather Flow (AWW) of 120,850 gallons per day (180-day average). Of that, MLIR makes up 38,000 gallons per day (about 31.5%). This is the 20 year (2025) design flow.” Kanera agrees to work in good faith with the city. However they do not want their contract changed requiring them to pay more than regular citizens. She would like a written guideline on what is expected of MLIR, details of how information should be documented and acknowledgement that this weir system satisfies the flow meter installation contract requirement. MLIR previously installed data loggers and thought that was sufficient. Willing to do this, but want assurances that future councils can’t require a more costly flow meter installed at Highway 27 where resort line meets city sewer. Everyone agreed this will satisfy the city requirement and would keep a good working relationship. Kanera needs to check for another bid. Installation wouldn’t be until after resort shuts off water on October 1st. Matter to be placed on next month’s agenda. Clerk to draft written guidelines and have Viau and Kanera review them.
Minnesota Pollution Control Agency (MPCA) waives authority to certify stabilization pond project application pertinent to wetland issues. This waiver allowed Army Corps of Engineers to mitigate the wetland mitigation plan, which has been drafted, approved and will be recorded at the county.
Kanera asked how long a MPCA wastewater extension permit would take to hook their new sites once moratorium is lifted? Forms are on the MPCA website and may need to be signed by an engineer and City. Allow one month for MPCA review.
Gary and Cheryl Anderson, abutting land owners to wastewater pond system, had submitted a letter and were present to discuss their concerns that flooding will increase with new pond project. Letter explained their frustrations in dealing with this matter for over 12 years with nothing being resolved. Mayor Reichel apologized, but noted that Wahkon has taken all proper steps in obtaining permission to build additional pond. All agencies have been involved from the start. Permitting process was delayed due to this matter, but in the end the Environmental Assessment Worksheet concluded there was not a significant impact. Berm was required by the MPCA during original construction in order that effluent not reach Mille Lacs Lake. Viau stated effluent is a small percentage of the flooding problem; blockage of natural drainage is. Discussion continued. Reichel doesn’t see how this council can spend money to fix culverts, ditches, etc outside city jurisdiction in Isle Harbor Township. Anderson stated it is illegal in Wahkon to change drainage on property that would adversely affect a neighbor. Clerk to make copy of videotape of the area for Anderson’s and charge accordingly. Reichel suggested Anderson’s go to Isle Harbor Township to see if they would work with the DNR to address the matter.
Secondary pond has an infestation of coon tail, which has been building up since 2001. MPCA used to say don't do anything with it. Now it is causing problems. Herschel Blasing of MPCA now wants it out of there. Weinreich spoke with Viau and MN Rural Water Association (MRWA). Shoreland Restoration will spray for $2,900. Two to three year kill with no guarantee it won’t come back. Pellets that can be thrown costs $2,310 for 10 tubs. Council agreed to hire Shoreland Restoration to spray next spring. Weinreich will see if price will hold and budget accordingly.
Infratech gave quote for poly pigging sewer force main. One more air release valve must be found. Weinreich figured cost would be $8,155 for maximum of 18 hours, not including televising. If pig is blocked, excavation would be necessary sewer could be down for days, requiring pump trucks. Televising is difficult due to bend in pipe. City wastewater permit from MPCA requires force main to be cleaned. Viau suggested this be done promptly. Weinreich has tried to get other bids, but nothing yet. Council agreed price looked fair and is less than previously thought. Motion by Bjornson-Main, seconded by Tyson to authorize Infratech to poly pig the sewer force main at hourly rates as quoted in their 8/3/2005 letter to Weinreich. Motion carried unanimously.
Jerry Brandt did the ditch mowing today for $371. Hourly rate increased from $50 to $53 due to increased fuel costs. Corners are much safer now. Council agreed Clerk can pay Brandt instead of waiting until next month.
August 8, 2005; Council Mtg; Page 1 of 3
Hubert Rodrigue wants a permit to install a culvert on 400th Street. City owns to the centerline, Isle Harbor Township owns the other side. City may be unaware of this, as township has done all the maintenance for many years. Weinreich had Kevin Schultz of Eastside Sewer & Construction shoot elevation of the ditch as it drains a substantial amount of water in the spring. Council agrees that Rodrigue will be required to do the following based on Weinreich and Schultz’s recommendations: 1) set culvert at 8.5 feet elevation 2) slope remaining ditch/property line to accommodate culvert elevation 3) minimum 24” wide culvert 4) aprons on both ends.
Weinreich stated that some of the bull rushes still standing may eventually was up. Will take 4-wheeler and clean up beach area. Will wait until next spring to see if additional weed kill is required.
On 7/13/05 MLC Zoning called to ask if City had received letter from MLC Attorney regarding Paul Petty’s failing septic system. We hadn’t received the letter. In discussing the issue with them it was their opinion that Petty should be required to connect directly to Wahkon’s system and that the MN Basic Code could not be applied as it hasn’t been adopted yet. The MBC states properties within 200 feet are required to connect and structures on the Petty property measure a longer distance. Mayor Reichel contacted the Attorneys office and explained the following: 1) Petty is closest to a force main, which our engineers suggest no connection be made 2) City is in the midst of paying for an additional pond in order for the MPCA moratorium to be lifted and at this time a sewer extension project is out of the question 3) huge financial burden at this time for Petty to connect. After their discussion it was agreed that Petty can build an ISTS system. System has been installed and is operational. Weinreich would like a copy of Petty’s inspection conducted by MLC.
Petty has asked Reichel what steps must be taken in order not to be charged sewer usage on his wood kiln that has never been used. Reichel has seen the kiln. It is being used as storage and there is no water connection. The drain trough has been covered with wood. Petty doesn’t want to break up his cement floor. When originally built, City made the connection and assessed accordingly. Usage fees began to be charged in 2003 when Petty and Main were contemplating building a restaurant. Clerk questioned if pole barn/garage off South Main has a bathroom and/or floor drain? If so, is it connected to the kiln sewer line? Petty stated no. Council agreed with Viau suggestion to dig up and cap the sewer line outside the kiln. Inspection fee is $20 and usage will be stopped. Council agreed not to refund any past sewer usage fees to Petty per his request, as City has never done so in the past.
Communications and Notices included: Bridges Out of Poverty, Understanding Poverty in Central MN, Strategies for Professionals & Communities, Grand Casino Mille Lacs Event & Convention Car, Tuesday, 8/18, 8:30 a.m. – 3:30 p.m., $30. Fourth Annual 2005 Tribes & Transportation Conference, 10/26 & 27, Shooting Star Casino, Mahnomen, MN, $30. MPCA Proposed Amendments Minn. R. ch. 7080 - Individual Sewage Treatment System Program.
City Hall will be closed Friday, August 12th, Clerk’s vacation and Monday, September 5th for Labor Day.
Couri, MacArthur & Ruppe was hired as legal consultants for Wahkon. Attorney Kristen Carr was introduced. Previously met with Clerk and made copies of ordinances. Minnesota Basic Code (MBC) was copied at their office and returned. Memo will be forthcoming regarding our Adult Use ordinance. Carr will only attend meetings when requested. Council indicated not all of our old ordinances will be repealed with adoption of the MBC and will be kept separate. Copy of MBC is sufficient for the county library if they ask. State Statutes are very expensive to purchase. City can state they are on file with city attorney and also available on internet. Council is leery about the following sentence in the MBC adoption ordinance “It is the intention of the City Council that, when adopting the Minnesota Basic Code, all future amendments and supplements are hereby adopted as if they had been in existence at the time this Ordinance was enacted, unless there is clear intention expressed in the Code to the contrary.” Clerk to check with Duke Addicks at LMC to see if there is a period in which a supplement can be reviewed prior to its enactment.
Accounting firm Mathias C. Justin Ltd has conducted Wahkon’s
annual audit since 1999. Previous
auditing firm was LAWCO. Clerk gave
council memo from 1/13/99 pertaining to audits of which most of the information
is still pertinent today. “As noted, it
is difficult to find a firm willing and qualified to do city audits. Clerk recommends continuing with Mathias C.
Justin, as they are professional, always available for questions and
efficient. More quotes could be
obtained, but last time only two were received and as noted in the memo, LAWCO
increased their rates anyway due to additional paperwork. LAWCO’s quote for 1999-2001 audits are
approximately the same as Justin’s quote for 2005-2007. Today with the wastewater project bonds, more
paperwork is required, which Justin is fully aware of.” Motion by Tyson, seconded by Bassett to
continue with accounting firm Mathias C. Justin Ltd to conduct annual audits
for 2005 – 2007 for the price of $2,900, $3,100 and $3,100 respectively. Motion carried unanimously.
August 8, 2005; Council Mtg; Page 2 of 3
Senator Betsy Wergin forwarded a letter indicating a 17% increase in Local Government Aid (LGA). Current law projected 2006 LGA $11,538, compromise proposed 2006 LGA $13,494, an increase of $1,956.
Resolution No. 080805 Transient Merchant Policy was discussed. Attorney Carr suggested item #3 be reworded, omitting “quorum” due to open meeting laws. Clerk to make changes and put on next month’s agenda.
Resolution No. 080805A – Street Construction Specifications. Viau thought it looked good, a bit vague maybe on item #15 “there shall be no extremely sharp horizontal curves or blind corners.” Motion by Tyson, seconded by Bjornson-Main to adopt Resolution No. 080805A “Street Construction Specifications.” Motion carried unanimously.
Motion by Bjornson-Main, seconded by Tyson to approve
payment of checks #18260 through #18297 in the amount of $110,570.56. Motion carried unanimously.
Mayor Reichel closed the public meeting at 7:48 p.m. in order to continue clerk’s employee evaluation from last month. Meeting was called back to order at 7:57 p.m.
Motion by Bassett, seconded by Bjornson-Main to adjourn. Motion carried unanimously. Meeting adjourned at 7:58 p.m.
___________________________________________ ____________________________________________
Karrie Roeschlein, City Clerk/Treasurer Sandy Reichel, Mayor
August 8, 2005; Council Mtg; Page 3 of 3
The August 22, 2005 Special Planning Commission meeting was called to order at 6:00 p.m. by Mayor Sandy Reichel. Council Members present were Nathan Bassett, Donald Ellis and Ronda Bjornson-Main. Council Member Kim Tyson was absent. Employees Chris Weinreich and Karrie Roeschlein were also present. Mayor Reichel had called these special meetings of the Planning Commission to be held the fourth Monday of each month. Agenda items today are to review MN Basic Code (MBC) Adoption Ordinance No. 2005-4, MBC Fee Ordinance No. 2005-5, and to set agenda for 9/26/05 meeting.
Council agreed with Reichel’s suggestion to publish a letter in the Messenger thanking the Wahkon Civic Association, volunteers and participants for a great Wahkon Day weekend.
Attorney Kristen Carr has given her final opinion pertaining to the automatic adoption language in Section 1 and 5 of the MBC adoption ordinance. Council doesn’t want to automatically adopt future supplements without review. Carr believes the language is mostly intended for state statute changes. “However, the automatic renewal language in the adopting ordinance is not a very clear statement of this intention. Anytime a new Basic Code amendment or supplement is issued, it is my recommendation that the City reviews it and adopt/does not adopt by ordinance.” Clerk removed full automatic adoption sentence from Section 1 and removed “and any supplements or additions to it” from Section 5 in order to retain automatic adoption of “future amendments to any state or federal rules and statutes.”
Clerk asked Council to review Sewer Sections 51.113 through 51.116 that were to be omitted. Council agreed to only omit Section 51.116 (A) and (B).
According to Attorney Carr, the Planning Commission can only make recommendations, even though they are the Council too. So technically these ordinances must be placed on Council meeting agenda for adoption. Instead of having two separate meetings, one for Planning Commission and the other for Council, a new ordinance will be drafted indicating there will be one Council meeting whereupon there will be a Planning Commission section on the agenda.
Ellis discussed his opinion on noise, barking dogs, no charge fees, liquor license fees and tattoo/piercing businesses. Wahkon is keeping their noise ordinance. Barking dogs is specifically defined in our ordinance. Fees can be raised later. The MN Dept of Health regulates tattoo and piercing businesses. Wahkon does not have the staff to regulate such a business. In most instances, fees must reflect actual cost expended by the City to regulate. Strict state statutes requirements must be met before raising liquor license fees and as noted before, must appropriately reflect city costs. Council agreed to keep liquor license fees the same, but to add the word “annual” to #7 of the Fee ordinance.
Weinreich was assured that MBC Section 51 Sewer Regulations specifically states that a property owner is responsible for all repair costs to their line, up to the city sewer main.
Communications & Notices included Mille Lacs County Livestock Feedlots Ordinance Amendment Public Hearing, 8/30/05 at 10 a.m., Fellowship Hall of Trinity Lutheran Church, Milaca.
Initiative Foundation Annexation Seminar, Thursday, 9/8/05, 6:30 p.m. – 9 p.m., Kelly Inn, St. Cloud, $10. Reichel, Bjornson-Main, Weinreich and Roeschlein all to attend.
Council agreed to have city attorney draft an ordinance regulating golf carts as it pertains to traffic laws. Clerk to review minutes for specifics.
Special Planning Commission meeting agenda for 9/26/05 will include redrafting a Blight Policy/Ordinance.
City must adopt proposed budget by resolution and certify proposed tax levy to the county auditor by 9/15/05. Special council meeting will be held Wednesday 9/14/05 at 4 p.m. Clerk to remind Council.
Loran Melville is selling a 20’ pontoon boat with 40hp Mercury motor and trailer for $2,500. City needs a pontoon to distribute alum to treat phosphorus at the sewer ponds. Engineer Dan Viau is obtaining specifications. An additional pontoon and two smaller motors may be required. Need motors to churn water, not to go fast. Council Members will drive by individually to look at the boat. Weinreich will check on price to install additional pontoon. Once boat/motor specifications are known, a special council meeting may be called. Melville was told to check with Weinreich before accepting any offers.
Motion by Bjornson-Main, seconded by Bassett to adjourn. Motion carried unanimously. Meeting adjourned at 6:55 p.m.
____________________________________________ ____________________________________________
Karrie Roeschlein, City Clerk/Treasurer Sandy Reichel, Mayor
The November 14, 2005 Wahkon City Council meeting was called to order at 6:00 p.m. by Mayor Sandy Reichel. Council Members present were Ronda Bjornson-Main, Kim Tyson, and Donald Ellis. Absent was Council Member Nathan Bassett. Employees Chris Weinreich and Karrie Roeschlein were also present.
Council reviewed approved permits.
· Island View Resort, PID #25-040-1250, located at 145 6th St E, covered an existing deck.
· Tim & Karrie Roeschlein, PID #25-017-0500, located at 465 3rd St E, built a 10’ x 20’ lean to from an existing storage building.
· Janet Schultz, PID #25-017-2200, located at 250 South Main, will build a 12’ x 40’ addition in two phases.
Martha Bjornson is requesting a subdivision of her property; new split will be 50’ x 130’. Variance for permits will be required as it doesn’t meet the 75’ width and 10,000 square footage current buildable standards, which is noted on the subdivision form. It was mentioned this is prime commercial property and another lot on the same block is 40’ x 130’. Motion by Tyson, seconded by Ellis to approve the subdivision of Lots 8 & 9, Block 16, Wahkon from PID #25-040-0950 owned by Martha Bjornson. Ayes: Tyson, Ellis, and Reichel. Opposed: None. Abstain: Bjornson. Motion carried.
Hubert & Verona Rodrigue wish to split their residential
property into two parcels. Culvert and
driveway have already been installed to access new parcel from 400th
Street. Weinreich noted that Rodrigue’s
property doesn’t abut Radisson Ave, as there is a 35’ strip that possibly was
meant to provide a 70’ easement for Radisson.
Easement for Radisson is 35’ and this property is the only one with the
additional 35’. It was never recorded as
a road easement and has now reverted back to the original plat owner, Louis K.
Dann, PID #25-017-00-201. Rodrigue will
probably acquire it through a county auction at a later date. Motion by Tyson, seconded by Bjornson-Main
to authorize the subdivision of PID #25-017-0300 owned by Hubert & Verona
J. Rodrigue into two separate parcels.
See proposed descriptions for parcels 1 & 2 on attached survey
complete on 10/14/05. Motion carried
unanimously.
Planning Commission public hearing. Variance request by John Berry of FP Solution
to bring in a storage building with attached lean to onto property that
measures 40’ by 130’. Buildable parcel
must be 75’ wide with 10,000 square footage. This parcel is on
Engineer Dan Viau of S.E.H. presented Hydro Engineering’s fifth pay request. Project is about 80% complete. Reichel, Bjornson, Roeschlein, and Weinreich were present at this afternoon’s contractor meeting. As requested, Hydro will submit construction completion timeline. Second change order request to install 1 ½” rock from the top of the riprap to the dike top for added sum of $3,175 requires more detail prior to authorization. Motion by Tyson, seconded by Bjornson-Main to authorize fifth pay request to Hydro Engineering (contractors) in the amount of $64,759.60. Motion carried unanimously. Construction extension will be requested in order to finish project in 2006. Barrel testing will not be accomplished this year. Moratorium is projected to be lifted summer of 2006.
MN Pollution Control Agency (MPCA) seems to have concerns about access to and maintenance of the berm. Intention is to leave access. Viau suggested if concerns continue a special meeting may be order to discuss the matter further. Contact information will be given to Weinreich regarding phosphorus treatment. Council is very happy thus far with the project and would give Hydro an excellent reference.
Weinreich is leaning towards a rail system for phosphorus treatment. He went to DH Dock to look at their track systems. Thiele welding can galvanize, but quote will be increased. New customized pontoon may work better than used one. John Berry suggested the new big foot motors with large impellers, which may mix in the alum better. Council agreed decision needs to be made expeditiously. Weinreich will have figures available at December’s meeting.
Visu Sewer is relining sewer mains in Isle; Weinreich showed lining sample. Also showed Council chewed up lift station pump impeller. Our mains aren't too bad. Visu Sewer can only do up to 8’ of a private sewer lateral. Infratech gave repair estimate of $7,500 per lateral service; average of 75 - 80 feet. Something to think about when we do an infiltration and inflow (I&I) plan.
MN Rural Water Association (MRWA) gave details of state requirements for utility safety. Proper mapping of all utilities must be available. Weinreich will provide more specifics at December’s meeting.
Council agrees to sell the old sewer pond valves to Austin of Hydro for $100 each.
Weinreich had North Central Paving blacktop around a few high manholes in order that the plow won’t hit them. Also remedied Sue Partridge’s driveway apron and alley issue. She agreed to pay $150 if the City pays the rest. Contractor shouldn't have installed it that way.
November 14, 2005; Council Mtg; Page 1 of 3
Fran Weiers had suggested Weinreich contact
Bjorn Bjornson told Weinreich the dead pine tree in Ellen Ruth Park would be removed before month end. High winds caused a tree to fall across Hwy 27, Weinreich took care of it.
City
Clerk received letter from
Jodie Kanera of Mille Lacs Island Resort (MLIR) was present and provided updated quote from Servocal Instruments Inc. for installation of a flow monitoring system; $5,300 to be installed within 3 – 4 weeks. Braun Pump will maintain the system. Clerk to provide Kanera with monitoring system agreement. This system will only give data from one reading to the next. Council agreed consistent readings are key and will be taken once a day during the summer and once a week when they are closed.
Treasurer’s Financial report for September 30, 2005 had an ending balance of $1,299,482.53. In reference to wastewater bonds, Ehlers & Associates Inc. sent letter stating “at this time, we do not see any refunding opportunities; however we will continue to monitor all outstanding debt.”
10% Charitable Gambling Fund received $115.07 from Onamia Lions Club and zero from Wahkon Civic Assoc. for August 2005.
2004 Franchise Report was received along with a check for $2,155.81 from Savage Communications. Usually this is received at the beginning of the next year. Clerk was made aware it wasn’t received after compiling 2006 budget. New cable ordinance was recently adopted and could have been reason for delay.
Communications and Notices included:
· DEED Listening Session, Thursday, 11/17, Little Falls, 2 – 3:30 p.m.
· Special Council Meeting, Community Hall, Monday, 11/28, 6 p.m.
·
MRWA Water Utility Management Institute,
Tuesday, 11/29, 8 a.m. – 4 p.m.,
·
2005 League of MN Cities (LMC) Annual
Conference, December 1 – 3,
· 2006 Draft Legislative Policies – LMC
· Board of Directors Vacancies - LMC
· Public Works & Government, Architectural & Engineering Services – LHB, Inc. Council is happy with S.E.H.
· CenterPoint Energy, Utility Distribution Service Rate Change
Tyson had requested that fish houses be placed on the agenda
as people have voiced their concerns to her regarding blight and meth. She was under the impression the city would
be required to be as restrictive as the county, which allows up to two per
property. Clerk found that not to be
true. Cities must be as restrictive as
the state, but not county. Bjornson-Main
is concerned that anyone could store fish houses. Reichel stated this is a fishing
community. Currently fish house must be
licensed annually. According to previous
minutes, fish house regulations were to be discussed along with recreational
vehicles storage ordinance, which has yet to take place. John Miklethun wants a stronger blight
ordinance. There are fish houses at
November 14, 2005; Council Mtg; Page 2 of 3
Minnesota Department of Transportation (Mn/DOT) denied
Marcie Hiltunen a highway entrance permit.
Wetland issue, construction restraints such as power line, highway
culvert, turn lane and non-sufficient room to meet required entrance standards
were noted. “Also, even if there were no
wetland and other issues, Mn/DOT’s position on this entrance would be that
access should be obtained from the side street (
City Hall will be closed Thursday & Friday, November 24 & 25 for the Thanksgiving Holiday
Motion by Tyson, seconded by Bjornson-Main to approve
2006 Liquor License renewals for Jody Inc., Mugg’s Main Street Saloon; Sable
Inc., Wahkon Inn; Joe Ebenhoh, Liquor Store; and Lori Niesen, Morning Star
Market for a total of $3,030. Motion carried
unanimously. Ebenhoh Liquor Store isn’t definite.
Motion by Bjornson-Main, seconded by Tyson to adopt Resolution No. 11142005 “A Resolution Adopting Special Assessments For Delinquent Utility Fees” in the amount of $9,085.088. Motion carried unanimously.
Messenger article “Lost In A Loophole” was reviewed, which states that sexual predators residing on reservation land are not required to register with the state. “Mille Lacs County Attorney Jan Kolb said the ruling is unfortunate and “puts the public safety of citizens at risk. It makes the enforcement of registration nearly impossible with regards to Native Americans that allegedly live on a reservation, or trust land.” John Swimmer, Mille Lacs Band soliciting general “said tribal police will monitor Indian predatory offenders’ whereabouts while on the reservation, all inclusive of the 61,000 original acres of the reservation and the 4,000 acres of federal trust land.” “I am not going to negotiate on the boundary issue,” Kolb said, “I have a duty to prosecute those people within the 61,000-acre disputable area. I have a duty to do that and I am not willing to compromise. This is an issue of public safety for everyone – Native and non-Native.” Mary Jevne had suggested Wahkon send a letter stressing the importance that this loophole be closed promptly and also to reaffirm Wahkon’s stance that the old 61,000-acre reservation has been dissolved.
2007 will be Wahkon’s 100th year anniversary. Wahkon Civic Association can not handle Wahkon Day and this celebration due to their small size. They would suggest that two celebrations be held in order to bring people to town twice. Committee could be formed. Check to see what other towns have done. Could sell mugs or t-shirts. Council agreed it is important to recognize this monumental event, but to also show restraint for budget reasons. Celebrate when kids are out of school so families can attend. Would need to begin advertising in 2006. Will ask citizens for input through upcoming questionnaire. Issue to be placed on February's special council meeting agenda.
Braun invoices were questioned; expensive due to new elbows, impellers, etc. Cement from the lift station may be breaking away and causing impeller damage. Clerk to ask Braun why they charge mileage and fuel surcharge. Wahkon Civic Association has already reimbursed City for new wreaths and banners. Thank you, they look wonderful! Motion by Bjornson-Main, seconded by Ellis authorizing payment of checks #18369 - #18410 & #1025 - #1026 & EP0705 in the amount of $345,186.16. Motion carried unanimously.
Motion by Tyson, seconded by Bjornson-Main to adjourn. Motion carried unanimously. Meeting adjourned at 7:52 p.m.
_______________________________________________ ________________________________________
Karrie Roeschlein, City Clerk/Treasurer Sandy Reichel, Mayor
November 14, 2005; Council Mtg; Page 3 of 3