11-24-08 PHPUBLIC HEARING
WEED AND GRASS VIOLATION CHARGES ASSESSMENT
MONDAY, NOVEMBER 24, 2008
5:30 PM
OTSEGO CITY HALL
1. Mayor Stockamp will open the Public Hearing.
Mayor Stockamp opened the Public Hearing at 5:33 PM.
Roll Call: Mayor Jessica Stockamp; Councilmembers: Vern Heidner, Tom
Darkenwald and Dan Scharber. Absent: Mark Thorsted.
Staff: Mike Robertson, City Administrator; Judy Hudson, City Clerk/Zoning
Administrator; Sandy Lindenfelser, Special Licensing; Andrew MacArthur, City Attorney;
Dan Licht, City Planner.
2. City Attorney comments.
Andy MacArthur explained the purpose and process of the Public Hearing.
3. Presentation of the Assessment Roll.
Judy Hudson attested that all the proper notices were mailed, posted and published.
Dan Licht presented his report and the Assessment Roll.
4. Public Comments.
Mayor Stockamp opened the Public Hearing for public comment at 5:38 PM.
Richard Mitchell, 2850 Linder Lane, Maple Grove, two lots in Sunray Farms, didn't get
his notice until the 19th and was dated the 9"' and was past the 10 day grace period.
Mr. Mitchell said he called Special Licensing Sandy Lindenfelser who noted that a
number of notices were returned and gave him extra 10 days to mow but by that time
it was already mowed and here to dispute the assessment. Dan Licht said the lots were
unmowed'thus there was a violation and feels fines is appropriate. CM Vern Heidner
said he can save $100 if paid within 30 days. Mr. Licht said that the first inspected was
in June and mowed a week or two later. Mr. Mitchell said he is willing to pay for the
mowing but not the fine. He said he now has a schedule to mow. CM Darkenwald asked
how often you mow. Mr. Mitchell said typically mow in the beginning of July.
City Council discussed enforcement actions a lot earlier than July.
Dave Castler, 7410 Kahler Court NE, new resident of Otsego mowed in July 11, feels he
has a unique situation. The mowing done on his property was done prior to his closing
and as he didn't own it at time it was mowed he feels that he shouldn't have to pay it
and would like the City to pursue this with the previous mortgage company. City
Planner Licht recommended removing these fees and pursuing the mortgage company
as this isn't the current property owner's responsibility.
City Planner Licht noted receipt of a letter from Home Equity regarding lots on Marx
Avenue opposing the assessments and claim they paid the assessments at the closing.
City Planner Licht said that the City has not received payment and that the property
owner is responsible. City Planner Licht said that City staff will follow up with the
property owner to follow up on the payment.
Mayor Stockamp closed the Public Hearing for comment at 5:54 PM.
5. Close the Public Hearina.
CM Scharber questioned the $3100 and $600 admin fee for properties owned by Farr
Development should be changed to $100. City Planner Licht said that the charges
should be reduced to $100.00 per base lot.
CM Heidner motioned to close the Public Hearing. Seconded by CM
Darkenwald. All in favor. Motion carried. Closed at 5:57 PM.
Mayor Jessica Stockamp
ATTEST:
Judy Hudson, City Clerk/Zoning Admin.
Written by: Tamil Loff, Deputy Clerk
PUBLIC HEARING
QUANTRELLE AVENUE IMPROVEMENTS
MONDAY, NOVEMBER 24, 2008
6:30 PM
OTSEGO CITY HALL
1. Mayor Stockamp will open the Public Hearing.
Mayor Stockamp opened the Public Hearing at 6:36 PM.
Roll Call: Mayor Jessica Stockamp; Councilmembers: Vem Heidner, Tom
Darkenwald and Dan Scharber. Absent: CM Thorsted.
Staff: Mike Robertson, City Administrator; Judy Hudson, City Clerk/Zoning
Administrator; Andrew MacArthur, City Attorney; Dan Licht, City Planner; Ron Wagner,
City Engineer
2. City Attorney comments.
Andrew MacArthur explained the purpose and process of this Assessment Hearing.
Andy explained there was a phone conversation with Perry Edwards of MRWA last week
and their attorney Ron Black was present. Mr. Black in his conversation with Andy said
that today they would agree to a $200,000 assessment not to begin until 2010 and that
the City would support no increase in market valuation. At this point, the City and
Riverwood would be about $58,000 apart. Andy suggested three options outlined in his
attached letter.
Ron Wagner went over State Statutes requiring sewer hookups when available,
pointed out the cost savings of $340,000 because of the MNDOT Hwy 101 project, that
no easements were required, and that assessments are based on usage rather than
front footage.
3. Presentation of the Assessment Roll by City Engineer.
4. Public Comments.
Opened at 6:46 PM.
Ron Black, attorney for Mississippi Riverwood Association (MRWA), said the association
is opposed to the improvement and objects to the assessment. They are a non-profit
association, they own the real estate and it is one parcel, with 118 members, seasonal
recreational resort open 6 months, with campsites served by onsite sewer and water
system. There are no known issues or problems with their septic systems. With
$86,750 assessed based on benefit received, the question is if value will be enhanced.
The association feels there is no enhancement and that the project will at best maintain
existing value. The property is valued at $756,000 and according to the association at
most 2 or 3 acres would be developable for use other than what is currently there.
Public Hearing of November 24, 2008. Page 2.
At best, the association concludes that this project will maintain current value. The
toilets flush now and the association is adamant that this project won't benefit their
property.
CM Darkenwald asked if they know when the last time a qualified person inspected their
septic. Mr. Black said that to his knowledge the septic system has never been
inspected since there has never been a reason too. CM Heidner asked how old this
system is. Ron stated the systems were placed at two different times in 1972 and
1982.
Ron Wagner sent a letter in July with monitoring requirements and the association did
not comply and no monitoring has been done.
Mr. Black said his understanding was that the association to wait until Nathe's decided
what to do and if there was no easement there would not be a project. CM Heidner said
monitoring could still be done. Ron said yes monitoring could be installed during the
winter. CM Heidner would like to continue the Public Hearing and in meantime pursue
the testing.
CM Heidner motioned to continue the Public Hearing to 1-12-09 at 5:30 PM
and to pursue the testing. Seconded by CM Darkenwald. All in favor. Motion
carried.
5. Close the Public Hearing.
Public Hearing continued.
Mayor Jessica Stockamp
ATTEST:
Judy Hudson, City Clerk/Zoning Admin.
Written by: Tam! Loll, Deputy Clerk