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10-15-07 PHITEM 3_3 PUBLIC HEARING PROPOSED ASSESSMENT FOR DELINQUENT UTILITY BILLINGS MONDAY, OCTOBER 15, 2007 6:30 PM OTSEGO CITY HALL 1. Mg= Fournier will oxen the Public Hearing. Mayor Fournier opened the Public Hearing at 6:31 PM. Roll Call: Mayor Larry Fournier; Councilmembers: Vem Heldner, Jessica Stockamp, Mark Thorsted. Tom Darkenwald arrived at 6:37 PM. Staff: Gary Groen, Acting Administrator; Judy Hinson, C laWoning Administrator; Andrew MacArthur, City Anomey and Dan Uc ht, City Planner; Karee Rowell, Deputy Clerk; Tim Rochel, Building Oficial; Harold Leonard, Building Inspector; Mary Olson and Sue Frisch Utility Billing Cler-ks. Randy Brenny from Superior Lawn. 2. & AMU= i!U= !ott es MacArthurex0ained Ox purpose othe Public• and the • • •c..1 . • the appeal procedure. Leders were received from Unda Nelson,, 15040 7(P Sveet NE and Ryan Ahlberg,, attorney, . lots in Otsego 3. 1e+`ell!=Lo1 of the Assessment Roll. Gafy Groen presented the Assessment Roll. He gave a Wd background of the City taking over t • in 2006. Judy Hudsonattested i proper n•ti r • publishing • posting • • Public4. ,!lit Zeit HearingMayor Fournier Opened for public for comments • M. There were no public comments. CM Heidw asked if the City can either assess or turn off the water. Mr. MacArthur said either can be done. Gary Groen distributed x , ruition on • .Nelson's••• ��M-s �7- it '4 Ol P. r51 In I MUM Public Hearing October 15, 2007. Page 2. 6. City Council discussion and action. CM Heidner motioned adoption of Resolution 2007-72 with an interest rate of 6%. Seconded by CM Thorsted. All In favor. Motion carried. CM Heidner motioned to adjourn at 6:45 PM. Seconded by CM Thorsted. All in favor. Motion carried. Mayor Larry Foun dw ATTEST: Ludy Hudson, City Ckwk/Zoniing Admin. Written by: Tami Loff, Administrative Assistant ITEM 3_2 PUBLIC HEARING ON PROPOSED ASSESSMENT FOR UNPAID ADMINISTRATIVE CODE ENFORCEMENT FINES 6:30 PM MONDAY, OCTOBER 15, 2007 OTSEGO C17Y HALL I. Mawr Fournier will g= the Public Hea ft. Mayor Fournier opened the Public Hearing at 8:10 PM. Roll Call: Mayor Lary Fournier; Coundimembers: Vern Heidner, Jessica Sb)ckamp, Mark Thorsted. Tom Darkenwaid arrived at 6:37 PM. Staff: Gary Groen, Acting Adminrstrator; Judy Hudson, ClerkJZoning Administrator; Andrew MacArthur, City AVWrney; Dan Licht, City Planner Karee Rowell, Deputy Clerk; Tim Rochel, Building Official and Harold Leonard, Building Inspector. FT177 i'l 7, 5A *,74-17157 117, V1 _ . i ii - -- - - - l_ I l i 4. Punic Comrnents. Mayor Fournier opened the Public Fearing at 8:14 PM. Hearing no public comments he used the Hearing at 8:15 PM. M i I , 1: 1':- AdL----- d at 8:17 PM. Mayor Larry Fournier ATTEST: Judy Hudson, City Ckwk/Zoning Admin. Written by: Tami Loll, AdminkA ative Aunt ITEM 3_1 PUBLIC HEARING ON PROPOSED ASSESSMENT FOR MOWING OF NOXIOUS AND OTHER WEEDS AND GRASS, UNPAID SERVICE CHARGES AND UNPAID DEVELOPMENT ESCROW ACCOUNTS MONDAY, OCTOBER 15, 2007 6:30 PM OTSEGO CITY HALL 1 Mater Fournier will cwt the Public Hearing. Mayor Fournier opened the Public Hearing at 6:45 PM. Roll I: Mayor Lary Fournier; Councilmembers: Vern Heidner, Jessica Swckamp, Mark Thorst3ed. Tom Darkenwald arrived at 63ontng7 PZ. Staff: Gary Groen, Acting Administrator; Judy Administrator; Andrew MacArthur, City Attorney and Dan UcK City Planner; Karee Rowell, Deputy Clerk; Tim Rochel, Building Ofl'icial; Harold Leonard, Building Inspector; Mary Olson and Sue Frisch Utility Billing Clerks. Randy Brenny from Superior Lawn. e Andy MacArthur explained t:he purpose and process of the Public Hearing. He also explained the process to appeal. 3. P—resentaNM of the AssessnagpA Roll. Karee Rowell presented the Assess 4 Public Comments. Mayor Fournier opened the Public Hearing at 6:47 PM. Randy Stangler, Stangler Construction, asked who mowed the kits. Mayor Fournier said Randy Brenny. Randy Brenny explained what equipment he used to mow. Mayo- Fournier asked why he went owr so many times. Randy Brenny said because of all the weeds and height. Mr. Stang' asked about the dollar rate. Randy Brenny said base price was $150 per K depending on height. Thin weeds at 3 fleet tall started there and went up depending of what needed to be done. Randy Brenny said that he was given a list of 102 addresses and he mowed 61. He didnt have to mow 42 addresses because they had been done by someone else. Randy Brenny said that he called City Administrator Mike Robertson and asked if Public Hearing October 15, 2007. Page 2. he should mow and Mr. Robertson said if you see weeds in violation if the ordinance to mow them. Mr. Stangler asked who paid Randy Brenny. Andy MacArthur said Mr. Brenny charges the City to pay and we charge the owner. Mr. Stangler asked about insurance. Randy Brenny has insurance. Mr. Stangler asked who decided what lots are being mowed. He said that he mowed two days before he got the letter and said he cut his lots in August. Harold Leonard, Building Inspector, identified what lots had tall weeds on them prior to the first letter and prior to second letter. Mr. Stangler said that he was cutting his lots when he saw the Otsego truck go by and cut all four of his lots and now he is getting an assessment on two lots. There was no reason to cut the two lots I had cut previously. He said that one is $200 and the other is $150. CM Heidner asked how many times he cut. Mr. Stangler said once in August. CM Heidner asked if he had 3 foot weeds. He said yes and that he has an issue with charging him when he mowed after he received the letters. Rick Shermer, Shermer homes, owns two lots in Riverwood National. He said he mowed after both letters and would like to know how much time he had to mow after the letter was sent. He said that the letter was dated 7-12-07 postmarked 7-18-07 and he mowed immediately. He said that if you are mowing its you dont use a zero lawn mower you use a brush mower. Mr. Shermer said that there are 4 lots that aren't mowed and there are weeds on them 4 feet high and they are not on the sheet. Mayor Fournier asked Karee Rowell when you send out the letter how much time to they have. Karee said 10 days. CM Heidner asked Mr. Shermer why you waited until August to mow. He replied he got the letter and none of the other lofts were mowed. Gary Knisley, Knisley Construction, has 3 lots in Riverwood, he got the letter and he mowed them he paid $42 for other lots we have and he mowed his three lots. Mowed after he received the letter. Randy Brenny said that he started mowing August 2 and finished August S. Karee Rowell said that his 3 lots were mowed on August 2. CM Thorsted said that he wants a better way of tracking. Randy Brenny shows how he kept track of the mowing and if he had questions he called Mike Robertson for direction. Public Hearing October 15, 2007. Page 3. Chris Bulow, Riverwood National, said he doesn't know how these lots were picked. Harold Leonard identified the ones with over 12 inches of weeds. CM Stockamp said that she has been out there and they are beautiful homes she would be upset also if she lived there and the grass was not mowed. Mr. Bulow said that he only received one letter and made sure all his lots were mowed. Mayor Fournier asked did you contact City Hall. He said no. Dan Licht said that City Code defines that any grass, weeds etc. over 12 inches is a violation. Mr. Shermer showed council his letters with the dates. Sarah, Howard Homes, said that they have five lots and received a letter on two of our lots which we will bill and then we mowed all five lots and received assessment letter on 3 lots. Mowed on July 13 and we received letter on July 12. CM Heidner said that they need to check their lots every month to see if they need to be mowed. Dan Licht explained how the City we publish before June every year directing property owners to eradicate nuisance weeds. Mr. Bulow said that there are a number of different developments on this list and no one is here from any other development saying they mowed. The people in Riverwood National mow their weeds. Mayor Fournier said that once a month is probably not enough. CM Stoc kamp said that she knows two families out there that are saying there are people that need to mow. Mr. Shermer said that if you look around the room out of all the lots ate, obviously the ones not here didn't take care of their lots, but the ones here did mow and we did do our job. CM Stodkamp asked if you didn't get the letter would you have mowed. Mr. Shermer said no. CM Heidner said that we started where we received the most complaints and you have some of the most expensive homes. Becky Knisley, Knisley Construction, said she understands what your saying but what is unfortunate when 3 received the letter and we knew that we had to mow, we can hire to mow at $47 per lot. She doesn't agree with tate cost and doesn't see it as a reasonable amount to be ate. We will know for next year that we need to mow. Mr. Stangler asked Council to cross off the builders that are here tonight. 5. Close the Public Hearin. Hearing no more public comments, Mayor Fournier dosed the Public Hearing at 7:55 PM. Public Hearing October 15, 2007. Page 4. 6. City Council discussion and action. Andy MacArthur said that this is why you have a Public Hearing so people can say if they mowed etc and now it is up to the City Council to take action. CM Thorsted said that he has a problem with people saying that they mowed and we are assessing them. CM Heidner said that he is trying to go thru the list it appears that the ones contested tonight Randy Brenny had marked easy so they probably had mowed. He is willing to take a reduction in amount but that will take time to do. Mr. MacArthur said that they can reduce their bill based on what they said. CM Darkenwald asked Randy Brenny did you have an invoice for mowing. Gary Groen provided the invoice. CM Darkenwald said that he would like to see more documentation to back this mowing up. Seems like $150 is alot of money to mow lawn. But it does get people to mow their lawns. CM Darkenwald doesn't want to assess the people who attended. Mr. MacArthur said that you can say we closed the Public Hearing but if you have additional documentation to submit by Thursday for next City Council meeting. Mayor Fournier said on his part we like to help but if we lower amount we will be back here next year. Howard Homes was notified of two but charged for 3 lots, Knisiley 3 lots, Strangler 2 lots and Shermer 1 lot. Mayor Fournier motioned to continue decision to next Monday night for only people who atbended. Seconded by CM Hetdner. All in favor. Motion carried. Mayor Larry Fournier ATTEST: 3udy Hudson, City gait/Zoning Admin. Written by: Tami Loff, Administrative Assistant