April 13th, 2016 – Nuisance Ordinance Public Hearing Minutes


There was a Special City Council meeting held, Wednesday, April 13th, 2016 at City Hall. Council Members present were: Walon Habben, Gary Larson, Dennis Bucholz and Mayor Doug Knuth. Others present were: Clerk Elaine Walker, Mary Echternach, Kurt Lintelman, Keith Stubbe, Sandy Consoer, Bruce Bentele, Jeff Markus, Don Doeden and City Attorney Mark Shepherd. Absent was Council Member Court Baumgard.

Meeting was called to order at 5:15pm.

Nuisance Ordinance Violation Hearings were held at the following times:

5:15pm – Jeffrey L Kruger, 401 Harrison Street. (Mr. Kruger was not in attendance) Attorney Mark Shepherd presented information regarding the condition of the house and garage located on this property. He asked Dennis Bucholz, the Council’s building inspector if the condition remained unchanged. Dennis said that he checked before the hearing and it has not changed. Attorney Mark Shepherd asked what Dennis thought needed to be done. Dennis stated that he felt it was necessary to remove the house and garage as there were trees growing out of the house and a hole in the roof that vermin have been seen going in and out of. The garage is leaning and in disrepair. Attorney Mark Shepherd asked for a reasonable timeframe for Mr. Kruger to have this taken care of and Dennis thought 90 days.

Motion was made by Larson, second by Habben to give Mr. Kruger 90 days to remove house and garage at this location. Clerk was instructed to send letter to this effect, prepared by Attorney Mark Shepherd. Ayes: Mayor Knuth, Larson and Habben. Bucholz abstained. Carried.

Mary Echternach asked about the possibility of asbestos in the house, as she is a neighbor and concerned about the safety of tearing it down. That would be a question for the homeowner to research before tearing it down, according to Attorney Mark Shepherd.

Hearing was closed by Attorney Mark Shepherd at 5:24pm.

5:30pm – Keith Stubbe, 509 5th Avenue. Mr. Stubbe was in attendance. Attorney Mark Shepherd presented information regarding the condition of the garage located on this property. He asked Dennis Bucholz if the condition had changed and Dennis stated that he checked before the hearing and it had not changed. The structure is in poor condition and a hazard to the surrounding citizens. Attorney Mark Shepherd asked what he thought needed to be done and Dennis suggested either demolition of the garage or major repair was needed. He felt 90 days was not enough time and suggested an additional 30 days, making the deadline for Mr. Stubbe October 1st, 2016. Mr. Stubbe asked the City if there were any grants or loan possibilities that could help with the cost of this project. Clerk Elaine Walker stated that she was not aware of any, but would research this.

Motion was made by Habben, second by Larson to allow until October 1st, 2016 for the repair or demolition of the garage. Ayes: Mayor Knuth, Larson and Habben. Bucholz abstained. Carried.

Hearing was closed by Attorney Mark Shepherd at 5:40pm.

5:45pm – Jeffrey and Dulcie Markus, 207 6th Avenue. Mr. Markus was in attendance. Attorney Mark Shepherd presented information regarding the condition of the garage located on this property. He asked Dennis Bucholz if the condition had changed and Dennis stated that he checked before the hearing and it had not changed. The condition of the garage is such that the repairs that are necessary are so numerous that it cannot reasonably be repaired. Mr. Markus stated that he has siding stored in the garage that will be put on the house next door, which he also owns. He plans to side the house when the weather is appropriate and then will tear the garage down or repair it. He will not be doing any repairs to the garage until the siding for the house is out, however. Attorney Mark Shepherd asked what Dennis thought would be a reasonable amount of time to get this done and Dennis suggested the October 1st, 2016 deadline for these repairs or the demolition of the garage.

Motion was made by Larson, seconded by Habben to allow the October 1st, 2016 deadline for either the repair of the garage or the demolition, once the siding is out. Ayes: Mayor Knuth, Larson and Habben. Bucholz abstained. Carried.

Hearing was closed by Attorney Mark Shepherd at 5:56pm.

Motion to adjourn the meeting by Habben, second by Larson. Meeting was adjourned at 5:57pm. All Ayes: Carried.