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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