11-09-1992 City Council MinutesSTATE OF MN The City Council of the City of
COUNTY OF WRIGHT Otsego met this 9 day of November,
CITY OF OTSEGO 1992, at 7:30 PM. Norman F. Freske,
Mayor, Doug Lindenfelser, Floyd
Roden, Larry Fournier and Ron Black, Council Members, Jerome
Perrault, Clerk, James Barthel, Treasurer, Elaine Beatty,
Deputy Clerk/Zoning Administrator, Judy Hudson, Secretary,
Bill Radzwill, Attorney, and Larry Koshak, Engineer, were
present.
The meeting was called to order by Mayor Norman F.
Freske.
Motion by Larry Fournier to approve the Minutes of the
Public Hearing on the construction of 85th street from Page
Avenue to County 42 and held October 26, 1992, at 7:00 PM.
Seconded by Ron Black, all Council Members voted in favor of
the motion.
Motion by Larry Fournier to approve the Minutes of the
City Council Meeting held October 26, 1992. Seconded by Ron
Black, all Council Mernbers voted in favor of the motion.
Motion by Ron Black to hold a Special EDA Meeting
followed by a City Council Meeting on November 16, 1992, at
4:00 PM. Seconded by Larry Fournier, all Council Members
voted in favor of the motion.
A Public Hearing on the unpaid bill of Sally Gulbranson
for the cleanup of her lot was called to order by Mayor
Norman Freske.
Bill Radzwill explained that this bill was assessable
under Statute 429 because the lot as it was before being
cleaned up was a hazard to the health, welfare and safety of
Otsego residents.
Ron Black noted that no one was present at the Hearing
to comment on the proposed assessment of the Sally Gulbranson
lot, PID 118-0347001010.
Motion by Ron Black to close the Hearing on Sally
Gulbranson's unpaid bill. Seconded by Doug Lindenfelser, all
Council Members voted in favor of the motion.
Motion by Floyd Roden to adopt the following Resolution:
Whereas, it was determined by the City Building
Inspector that substantial hazards to the health,,
welfare and safety of the residents of the City existed
on the property owned by Sally Gulbranson and identified
as PID 118-034-001010 and
Whereas, the owner was given due notice of the above
mentioned hazards and was given ample time to abate such
hazards which constituted a nuisance under the City's
Nuisance Ordinance No. 91-23: and
Whereas, the owner failed to timely abate the above
mentioned nuisances which remained a health, welfare and
safety hazard. Thereupon, after proper notice, the City
.proceeded to take the necessary action to fully abate
the nuisance, thus incurring costs in the amount of
$3,903.15: and
Whereas, said amount was presented to the owner in the
form of a bill which remains unpaid; and
CITY OF OTSEGO CITY COUNCIL MEETING OF NOVEMBER 9, 1992.
PAGE 2
Whereas, pursuant to Otsego Ordinances 91-12 and 91-23
Minnesota States 429:101 such charges for abatement of
nuisance are assessable against the property and
elimination of public health or safety hazards from
private property on which such abatement was made; and
Whereas, notice was duly given and opportunity to be
heard was given to the owner at a Hearing on November 9,
1992. Therefore, be it resolved, that the property
identified as PID 118-034-001010 shall be and hereby is
assessed in the amount of $3,903.15, representing the
reasonable costs of abatement of the nuisance. Said
amount to be paid in one installment of $3,903.15 plus
interest at the rate of 12% per annum, subject to the
statutatory right of prepayment. The City Clerk is
hereby directed to enter said assessment against the
property by certifying said assessment to the County of
Wright.
The motion was seconded by Ron Black, all Council
Members voted in favor of the motion.
Mayor Norman F. Freske then called to order the Herm in,j
on the unpaid bill of Dennis Havel for subdivision and split
fees.
Dennis Havel was present and said he disputed the cos
of reviewing the site plans he submitted.
Daryl Saathoff commented that the bill would riot be so
bad if Mr. Havel had gotten results. He complained that
Planner Dave Licht did not follow up when he said he would.
SEE NEW FILE 11-9-92
continued from 9-28-92 CC
OTSEGO CITY COUNCIL MEETING OF NOVEMBER 9, 1992. Page 3
At the last Planning Commission Meeting concerning this
matter, Dennis Havel was requested to bring in a sketch plan
for his 3 lot split.
Motion by Ron Black to close the Hearing on the Dennis
Havel billing. Seconded by Doug Lindenfelser, all Council
Members voted in favor of the motion.
Motion by Ron Black to adopt the Resolution approving
the billing of $912.25 as charged to Dennis Havel with an
interest rate of 12% per annum after 30 days. Seconded by
Doug Lindenfelser, all Council Members voted in favor of the
motion. The full text of the Resolution is attached to these
Minutes.
The Public Hearing on the Kent Nielson.unpaid billing
was then called to order by Mayor Norman F. Freske. The
billing was for expenses incurred in the proposed PUD For
Lots 10 & 11 in Island View Estates. Mr. Nielson was present
and objected to the fees charged for legal services, planner
fees and surveys. Mrs. Nielson said they did not understand
that they would be charged every time they called Planner
Dave Licht. Mr. Nielson said a topo was in existence for the
2 lots and should not have needed another. Larry Koshaa;
commented that the first survey was wrong and a second survey
was needed. On the basis of the first survey, Wright Co
Planning & Zoning had declared the lots to be too small for
both to be buildable and had recommended combining the 2 lots
into i .buildable lot. A second survey determined that both
lots were large enough to be buildable.
Elaine Beatty commented that the amount being charged to
Mr. Nielson was $741.73 but that the city was also sharing in
.the expense by an equal amount.
Motion by Ron Black to close the Hearing. Seconded by
Doug Lindenfelser, all Council Members voted in favor or- the
motion.
Ron Black commented that if the right information had
been provided soon enough, a lot of expenses could have been
avoided. The first survey was wrong and created a lot of
problems.
Doug Lindenfelser questioned why Planner Dave Licht
needed to consult the City Attorney on this matter.
Motion by Larry Fournier to adopt the Resolution
approving the bill of $741.73 due from Kent Nielson with the
provision that it is interest free if paid within 30 days,
after 30 days interest would be at 12% per annum. Seconded
by Doug Lindenfelser, all Council Members voted in tavor ot
the motion. The full text of the Resolution is attached
• these Minutes.
Mayor Norman F. Freske . then called to order the Public
Hearing on the unpaid bill of Mark Thilgen toy expenses
incurred in their application tor a CUP and variance::: to bu3.in
ars addition on their home.
OTSEGO CITY COUNCIL MEETING OF NOVEMBER 9, 1992. Page 4
Mrs. Thilgen said the forms required should have been
easier to understand and what was required should have been
explained more thoroughly.
Mrs. Thilgen also said they should have been notified
when their fees exceeded the $150.00 deposit fee.
Motion by Ron Black to close the Hearing. Seconded by
Doug Lindenfelser, all Council Members voted in favor of the
motion.
Ron Black said he feels the Thilgens have a valid
complaint because the DNR was not given the proper
information at first. The DNR was involved because the
Thilgen lot is in the Wild & Scenic River Area. The Thilgens
were required to have another survey done at the request of
the DNR that cost $300.00 and was not needed.
Motion by Larry Fournier to adopt the Resolution
approving the bill to the Thilgens for $726.41 less $300.00
for the second survey and less the $219.00 charges for
Northwest Assoc. Consultants, Inc. to draft a report to the
DNR and consult the DNR, the balance of $207.41 to be
interest free if paid within 30 days and subject to an
interest rate of 12% per annum after 30 days. Seconded by
Ron Black, all Council Members voted in favor of the motion.
The full text of the Resolution is attached to these Minutes.
Duane Fiedler appeared before the Council to request the
purchase of a set of snow wheels for the snow plow on the new
tandem axle truck. He said the snow wheels support the
weight of the snow plow so that it doesn't dig into the
gravel.roads as much and also reduces the wear on the cutting
edges when on the bituminous roads. The snow wheels cost
$800 each, $1600 for a set.
Motion by Larry Fournier to purchase a set of snow
wheels for the snowplow at a cost of $1600.00. Seconded try
Ron Black, all Council Members voted in favor of the motion.
Motion by Ron Black that the maintenance men are not to
repair any mail boxes. Seconded by Norman Freske, ali
Council Members voted in favor of the motion.
Larry Koshak said he is recommending partial payffiorit No.
5 to Bauerly Bros. for the Nashua Avenue Project.
Motion by Floyd Roden to pay Bauerly Bros. Pay Estimate.
No, 5 in the amount of $27,427.51 for the Nashua Avenue
Project. Seconded by Ron Black, all Council Members voted in
favor of the motion.
Larry Koshak advised the Council that Elk River
Municipal Utilities has agreed to put a street light at the
Co. 39 - Page Avenue intersection for an estimated cost of
$340.00.
Larry Koshak showed the Council a map of the proposed
Quale Avenue w- County 37 intersection. He said preliminary
y
plans do not have a traffic. signal at the Hwy 101 --
intersection, The Council agreed that it would be a mistaKe
to rebuild Hwy 101 and not put a traffic signal at tiiat.
OTSEGO CITY COUNCIL MEETING OF NOVEMBER 9, 1992. Page S
intersection. The Council agreed that County Engineer Wayne
Fingalson should be consulted regarding a traffic signal for
the Hwy 101 -- County 37 intersection.
Larry Koshak advised the Council that the 85th Street
Construction Plans (From Page Avenue to Co. 42) have been
sent to the MSA Office for approval.
Motion by Ron Black to have a Special Council Meeting on
November 24, 1992, at 7:30 PM to discuss MSA Funding arta
Projects with Larry Koshak. Seconded by Doug Lindenfelser,
all Council Members voted in favor•of the motion.
Motion by Floyd Roden to reduce the Antelope Park Letter
of Credit by the amounts of the Minnegaseo and street grading
portions of the project. Seconded by Ron Black, all council
Members voted in favor of the motion.
Motion by Larry Fournier to accept the. quote of KJ's
Painting (Kerry Barthel) to paint the interior of the C..ry
Hall the exterior doors and levors according to the specs for
$5,450.00. Seconded by Doug Lindenfelser, all Council
Members voted in favor of the motion.
Motion by Ron Black to send a letter to County Audito-
Darla Groshens and Commissioner Pat Sawatzke outlining the
ballot shortage and the connected inconveniences at the
recent General Election. Seconded by Larry Fournier, all
Council Members voted in favor of the motion.
Proceeding as a board of audit, the City Council audited
and allowed verified accounts Nos. 1080 to 1174 inclusive.
On motion the meeting adjourned.
Attest: Jerome Perrault, Clerk
JP/jeh
NORMAN F. FRESKE, MAYOR
DOUG LINDENFELSER, COUNCIL
FLOYD RODEN, COUNCIL
LARRY FOURNIER, COUNCIL
RON BLACK, COUNCIL