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City of Rushford Village Council Meeting June 16, 2009.

Fri, Jul 10th, 2009
Posted in Government

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The meeting was called to order at 7:00 p.m. by Mayor Gordon Johnson. Council members present: Roger Ekern, Dale Schwanke, Howard Otis - Zoning Administrator and Judy Graham - Clerk.

Citizens Present: Beth Mitchell, Attorney Jason Kuboushek, Floyd Dunn, Amy Hanson, Larry Hanson, Attorney Eric Corson, Scott Rislove, Robert Rislove, Joyce Iverson, Tim Murphy, Paul Sorum, Ruth Cranley, Skipper & Janet Rislove, Mike Murphy, Paul Sorum, Sam Stensgard, Mr. & Mrs. Fowler, and Attorney Tom Manion.

The agenda was approved on a motion by Schwanke, seconded by Ekern, and carried.

The minutes of June 2 were reviewed and approved as read on a motion by Schwanke, seconded by Ekern, carried.

The Cooperative Way punch list was reviewed with discussion on the meeting of 6/5/09 with Cory, Jason, Gordon and Dale. There are many areas still needing attention, and some areas of poor workmanship that will need to be addressed prior to the end of the extended warranty. Profilograph was completed on Friday. The findings report is not back as yet.

After some financial discussion and looking at the possibilities of delay on the road surface upgrades, a motion was made by Schwanke, seconded by Ekern, to go ahead with the widening to 20' and resurfacing by applying tack oil to existing power swept bituminous surface, then pave with mixed asphalt to an average compacted thickness of 2" placed in 1 layer on Sherwood Street 1310' at $24,275.00 and not to place a culvert under Sherwood at Goodrich due to the fact that the water naturally runs to the east here. Carried.

Johnson asked Attorney Kuboushek to open the Hearing for the Greenslade / Rislove access. Kuboushek explained this appeal was found to be arbitrary and capricious by the court in June 2008 under statute 435.37 and ordered a hearing to take place September 2008 at which time a 66' request was approved as 33 feet maximum at Greenslade's expense. An appraiser was to be hired, resulting in a $900 value for the land to be used by Greenslade as a private drive. Attorney Murphy asked for clarification of the legal costs involved in the process, he explained. Johnson asked about recording. These actions will be recorded at Greenslade's expense on the Rislove abstract. Dunn asked about the property tax for this portion of the Rislove property. It will be taxed to Rislove because the property is still his. Greenslade can only use it for a private drive and cannot lock Rislove out. Rislove asked about liability on the access, Greenslade will have to cover his use and Rislove his. Mitchell asked if erosion becomes a problem from the road who is responsible. If Greenslades' road effects any adjoining property, Greenslade is responsible for the damage.

Kuboushek also explained that the City of Rushford Village must acquire all billing expenses involved and file a claim with the bank including all original invoices prior to the 4th day of July, 2009, at which time this claim will be closed. In reviewing the proposed Resolution 090616 it was Council's wishes to add #7: NO public funds shall be used to maintain this cartway. Leaving the prior #7 issue as #8. Schwanke motioned to approve Resolution 090616 with such changes to #7 and #8, seconded by Ekern, carried. Hearing closed.

Johnson re-opened the regular meeting with comments on the materials received by Cranley, asking Attorney Corson if all representatives are present. Johnson also asked for refresher on the original application, Otis shared that the access was approved by Fillmore County at the time; however, the permit to build a home was denied due to the fact that the slope was over 10% on the driveway and needed to be engineered to determine safety for emergency vehicles. Schwanke explained that by checking on all professional advice available, and findings of the engineering firm explain that Engineer Welch explained it was found that 14% was acceptable in several other areas for all sorts of access. Corson said Welch also explained that the 15% was acceptable in long straight areas. Clarey's Safety Equipment feels the equipment should have no problem. Mitchell asked if the Village could be liable in the future if property is sold and the new owner is unaware. Manion explained that this is private property and the Village has done due diligence on this issue. He does not approve of variances, but they do have their place. Ekern shared that LMC said this is private and there should be no affect to the Village. Schwanke continued that with the opinion of G Cubed and WHKS and the findings of facts for all sides it's time to grant this variance with the stipulation that prior to any permits issued for a home, all recommendations of the engineers shall be completed and brought to Zoning. Motion by Schwanke, seconded by Ekern, carried.

Sorum asked about old bridge plank in Thieret's storage and the Council suggested he ask Thieret directly as to use and if ok, it's fine with the Council.

Manion suggested the Council review the adjustments for the Brand Assessment draft and place it on the agenda for July 7th. Draft should be addressed by Brands lawyer by then.

Johnson asked Iverson for comment on the contract with SEMDC - Southeast Consultants, placing her once again in the position of clerk for the City of Rushford Village. Schwanke explained the meeting with Ron Ziegler and the need to make this a simple transition for the citizens with regular office hours posted on door. Schwanke feels this is a simple contract with 30 day out and renewed at the annual meeting each year. Graham will be available for questions in August. Any possible automation will be considered by the Council to help save on man hours.

Iverson shared she was pleased to have the opportunity to be part of the contract with the Village. Manion asked if there are any other cities served in this way at this time. Iverson said not for a clerk; however they do serve in other capacities. Manion asked about mileage, bonds, job description and other issues needed to be referenced to in the contract. This will be asked of SEMDC, and we need to appoint a Clerk. Ekern motioned to make this appointment with the addition of the needed bond from SEMDC, seconded by Schwanke, carried.

Sam Stensgard asked the Council to be allowed to detach from the City of Rushford Village and annex to the City of Rushford because he feels his septic system is finished and his wife has not been able to wash clothes at home for more than a year. The City of Rushford has suggested they could hook him up to City of Rushford water and sewer through the Damon property which would also give the second Damon properties water and sewer. Stensgard said Manion and U'Ren signed papers several years ago that if water and sewer was brought to them they would hook up. Stensgard said he may have to replace his well pump which is quite loud when it kicks in during the night. Stensgard also shared that the one area left for a new septic is all and would make his home less saleable in the future. Johnson shared it is important to discuss this matter with the City of Rushford first and Stensgard asked that the Village hurry. In regards to the fact that 5 homes use this same access and Rushford does not allow this, Stensgard felt it would be grandfathered in anyway. Johnson and Schwanke will contact Rushford.

After some discussion on a neighborhood nuisance (many months) it was decided that Manion would send a letter to the homeowner to control late hours (after 10 p.m.), loud noise and other disorderly conduct. This is a criminal act and without a police force it requires evidence by the citizens to bring forward to the Council. The Council can then issue a ticket requiring court action.

Davy Engineering has requested a number for the possible additional homes that may be constructed in the South Rushford Sewer District in the future in order to guide Rushford in the upgrade of the current sewer plant. With this Schwanke and Thieret surveyed the area and Ekern motioned to accept 20 or 1 per year, seconded by Schwanke, carried. This would amount to approximately $1 per month per current user. Schwanke will contact Davy.

Mitchell shared information from the meeting on the Emerald Ash Borer and the opportunity to contact the MN Dept of AG for information to share with residents. It was a great meeting with all sorts of information using power point. Treatment is very expensive; however, residents may call for inspection. St. Paul has been hit really hard. Mitchell shared a map showing the movement of the bug from Ohio to Minnesota. Houston, is currently under quarantine. Graham will make this contact and include the information in the July news letter, stressing the fact that the wood should be burned basically in an area nearby.

Johnson contacted Norstad to make some adjustments to protect Oak View Lane at the attached drive way to Morzek.'s Bakkum was at the Council Meeting of June 2, 2009, indicating that he did not need any help from the Village to fix this issue, therefore, Schwanke felt we should make contact again to reiterate that the Village was available with excess material to fix the area in front of the culverts placed under State Hwy 43 some 40 or 50 years ago to slow washing.

The moratorium on the outdoor woodburners has sparked some opposition and calls to Johnson. However, there were no citizens present in regard to this issue. This will be added to the July 7, 2009, agenda. Health issues and enforcement of proper use according to tags is the answer.

Otis is working with the Department of Transportation on the speed signs. There are different kinds. Mitchell shared there was one on 43 North last week. Graham shared that the County has received a Grant to replace all road signs and Rushford Village does need to work on a grant to replace Village signs. Possibly this could be a new project for the Village. Dale Brand will bring missing original street signs as soon as they arrive. Otis continued to say Ernest Tuff has asked for a zoning permit.

Graham will contact all the 2009 community center rental contracts with instructions of picking up a key during regular office hours beginning in July, for their use.

Motion was made by Schwanke, seconded by Ekern, to adjourn at 9:58 p.m, carried.

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