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04-26-1994 Public Hearing MinutesJ.MSWORKS/CC42694.WPS CITY COUNCIL rM1EETING OF THE CITY OF OTSEGO, COUNTY OF WRIGHT, STATE OF MINNESOTA THIS 26TH DAY OF APRIL, 1994 - 7:30PM SPECIAL COUNCIL PUBLIC FEARING ON THE OTSEGO CREEK WATERSHED DISTRICT MINUTES 1. MAYOR NORMAN F FRESKE WILL CALL THE PUBLIC HEARING TO ORDER, INTRODUCTION AND OVERVIEW OF' THE TAXING DISTRICT HISTORY: Norman F Freske called the Public Hearing to order at 7:45P M. Background_ on Otsego Creek, Back in 1980 City of Albertville put in a sewer and it was running towards Otseuo. We had meetings with them. Otsego Creek Authority was established. He explained to the people from Albertville and Otsego on it. He introduced John Harwood and turned it over to Andv Mac Arthur. ROLL CALL: NORMAN F FRESKE, MAYOR, DOUG LINDEN FELSE R, F LOYD RODEN. LARRY FOURNIER AND RON BLACK, COUNCIL. Andv MacArthur, Attorney and John Harwood, Engineer tiyere present Also present were Elaine Beatty and Judy Hudson_from City Staff 2. ANDY MAC ARTHUR. CITY ATTORNEY WILL EXPLAIN THE LEGAL MECHANISM FOR ESTABLISHING A TAXING DISTRICT: We're not here to assess any taxes tonight. This Hearing is to establish a storm sewer taxing district. The Creek cleanup is the reason for this meeting and truing to establish a taxing district. A public improvement type project. The general procedure is to pay part of it out of the general fund. This will allow the Council to add a tax throughout the district, to the benefited properties throughout the district. Mr Harwood will go through the area and how it is designated. The city council has in front of them an Ord. which will simply establish the district, before any taxes are levied. The city has to have a feasibility, have a public improvement hearing, notification to people in the taxing district what their increase in taxes will be. There will be another chance to come in to say weather or not the tax should be allowed. The question from the City Council, the Ord. must be passed by 3/4 majority vote. The Council has to make the decision. There has to be another Public I -Learing to notice every effected person. By establishing this district, the City can issue bonds for any improvements. These can be revenue bonds. They do not count for the total bonded indebtedness. Any money that comes out of the tax for this district is designated for the storm water taxing district, they can not be used for any other thing. You are here for I. tithe Dist. should be established ?. Boundaries E CITY OF OTSEGO SPECIAL COUNCIL ING DISTRICT OgAPARIINL 26, 0994 G FR THE OTSEGO CREEK WATERSHED AT 7:30PM - PAGE 2 - 3. PRESENTATION BY JOHN HARWOOD, ENGINEER EXPLAINING THE TAXING DISTRICT: John Harwood, gave a presentation. In August of 1993 there was an agreement with Albertville/Otsego to set up the Otsego Creek Authority. He showed the district on the map. The drainage area does cross municipal boundaries. Any improvement would involve more than one public agency. It was a Joint Powers Agreement between the two cities to consider any improvements to the Creek. There have been several meetings, talking about improvements on the Creek. Hakanson Anderson did a study and esxplained further evaluation of run-off flows, to show 100 year storms and run off to the creek. We provided a report to tOVAuthority. eed trees. eIt�was a minor project $10,000 to blished boundaries. From that report we identified a project to rem 515,000 cost for cleaning out the creek. The cost has not been very large at this time. We are talking about a I step addition to what has been done in the past. We are talking about establishing a drainage district. re k Waershed area,asically any phose peopleroperty that ts all or were notified of this art of the property is within the Otsego C Hearing. Every land is in some Watershed. He showed the aerial photo of Otsego Creek. The Creek goes through basically AG land. It is a valuable resource. It is necessary for drainage. Water must go somewhere. We need to preserve that resource. We are getting into a creek authority at this stage early, we are not talking about allot of money. With proper management, large expenditures can be avoided. The City is committed to preserving the Creek. Defining Definina the can be done fairly earlystrict and creek area gto determine thves us the e wee need. When there is maintenance required it over-all maintenance of the Creek. He showed the Joint Powers Board map. This meeting is to discuss the need for the Otsego Creek District and the Boundaries. A small scale map was sent to you. Those boundaries are not necessarily exact. We are not absolutely certain around the boundaries if this is in the district. He showed the areas that received notices that are not in the district. know.anybody He talked about the Halls propertyis not in all or part in that creek, we will want o Watershed. They are not in the Otsego Creek Watershed. of improvemu will see otherent Watershedis tree first First areas set up in our lifetime. This is thestep.proposal and brush clearing of the Creek. This is a low level maintenance of this creek, this fall. From there on as maintenance is needed, a Public Hearing will be held as necessary for these improvements. He asked for any questions. 4. OPEN QUESTION AND ANSWER SEGMENT: Mayor Freske asked them to come to the micro phone and state their name. DON P:ZALGHT - There is nothing there about Frankfort iothe Joint Powers1 ave a lot of ntcr coria from Frankfort Twp. They are not currently CITY OF OTSEGO SPECIAL COUNCIL MEETLNG, PUBLIC HEARING FOR TIIE OTSEGO CREEK WATERSHED TAXING DISTRICT OF APRIL 26, 1994 AT 7:30 PM- PAGE 3 - In the long run they will probably be participating. The Development in Frankfort Twp is adding to my water. I understand that swamp is scheduled for development. John said it has been a problem and it needs to be handled, TOM CONSTANT - I live E of Nashua and N of 85TH. I was wondering why our property is included in this watershedh John area. said There is a area that does Hallsoundary of the Watershed havewell was set and this is to be in this waters defined drainage. Tom asked why would you want to drain that beautiful pond. John said no drainage of the pond will be done. Overflow may be directed. Nobody is talking about draining ponds. Your land is a tributary to these wetland complexes. I am asking- about skingabout the boarder of the Otsego Creek area. Our land is way lower in between us and Otsego Creek. Tom said it does not partially or all drain into Otsego Creek. Doug Lindenfelser said that the water from that pond overflows into the houses to the East. Floyd agreed. ARLEEN NAGEL - I'm wondering out of curiosity what percentage is Albertville agreeing to in their maintenance? Larry Fournier said they contribute to the area S of S3rd St to Mud Lake 20% of that cost of that maintenance section. It was calculated on their contribution. Arleen Nagel asked if there is any DNR help on that? Floyd Roden said there are some grants there but, you have to apply prior to February. John Harwood said if there are grants. we will pursue it. Mr Praught asked them to show where 85TH would be. ED GRENINGER - How about the creek that goes up to Donalds are you going to tell me that it will be taken care of. John said we are planning on addressing problems that exist. W e have not done any detailed studies of this branch. We are setting up a district for a method for which this can be planned. We have the Albertville Otsego Joint Powers, which was a major step. This tonight is to find out if there are needs for improvements. Ed said they take care of their own problems. John Harwood said it should be looked at closer. Can it be done locally? Sometimes a Gov. body can do a better job then individuals. Ed said we spent a lot of money on that ditch. If this goes through we would have to spend money on this ditch too. ED SPECI-IT - Is the main drive because of Aibertvilles expanded runoff? John said not anymore, but it's got the Otsego Creek Authority looking at it. We have a resource here, there is a tool for Albertville to share in the costs. The driving force is good creek management. Now it is a joint two-way district. There are 2 Twps that contribute flow that arc not part of it. How much has Otsego spend on the survey and research already? Floyd Roden said that the price is not too much. 510.000 to $12.000.00. TIM BRESKE -How many people in this Taxing Dist.? How many people will this be divided by ? 300 parcels. He talked about S80.00 per parcel John said there is a way to allocate and at another meeting it would be done. ANDY AC ARTHUR said as tar as a perportionment of costs it can be over a no. of years. CITY OF OTSEGO SPECIAL CITY COUNCIL MEETING, PUBLIC HEARING FOR THE OTSEGO CREEK WATERSHED TAXING DISTRICT OF APRIL 26, 1994 AT 7:30PM - PAGE 4 - When we have a project it has to be noticed to all people. TONY BERNING - It strkes me that Albertville is only getting assessed 20%on that. We wouldn't have any problems if they didn't put that water in there. Why do the people living along the creek have to bear the burden? They are getting off with 20%. They tarred and put roof runoffs and you tell me they are contributing only 20%? Applause. John had a formula. They did a evaluation of the area. We came up with the things that you talked about, we allocated an equivalency by area to Albertville. They contribute to substantial peak runoffs. It is a small portion of the area. Tony said you can't convince me of that. Albertville is not done developing. Drive around and look at all the culverts. Everyone of them is full. You are telling me that they are not making a difference. GERARD ZACHMAN - First, I would like to know are there managers picked for this watershed area. How many managers will be on that. John said it will be the City Council. What mill rate will taxes be increased? None at this current time. What will the watershed area do that current agencies are not doing? There is not an authority in place to manage this. There was a Co. ditch Authority years ago. That system is pretty much out of usage. Could joint powers do the same thing by getting Frankfort, Monticello together with Albertville and Otsego? Yes in some part. Any eminent domain in this project? No. Is everybody who drains into this district involved? Possibly. Who will sign a petition to get this started? There has not been a petition. This was started at the Otsego City level. What if this does not work? You disband it, the same as setting it up, by a public hearing. Is it being formed for the quality of the creek or quality of water that will be run in this creek. Yes, it is both. Andy MacArthur said it is the same type of Hearing Process to disband. GERARD ZACHMAN - If we are taxed on this will it all be tied up in lawyers and Atty fees? ANDY MAC ARTHUR said we are establishing the mech. to manage the Creek. When a project is initiated we have to have a Feasibility Study and a Public Hearing. He explained the process. Tax is levied after that. GERARD ZACHMAN If we want to disband, what happens to the money? Andy - All the money that is assessed for this creek can only be used for the creek. I can't fully answer that now. Is there any feel for State Money or Grants? No, there is no large amount of money available said John Harwood. Grants available tend to be more environmental. We will try to get any funds available. Who pays for replacement of culverts? Is there a shorter way to dump this water for Albertville, instead of coming thru Otsego Creek. Culverts have not been identified for improvements. If and when they will have to be identified as a separate projects. Norm Freske - said Albertville has talked about going to the Crow River. Larry and Floud Roden - said it much more cost effective. Gerard Zachman said he wants Frankfort to realize they should he involved in the water thev send our way. CITY OF OTSEGO SPECIAL COUNCIL MEETING, PUBLIC HEARING ON THE OTSEGO CREEK WATERSHED TAXING DISTRICT ON APRIL 26, 1994 AT 7:30PM - PAGE 5 - DON PRAUGHT: Is mud lake the only storm sewer project for Albertville? Larry and Floyd said they have one that goes South. When was there any maintenance done on this ditch below the larger pond? John said their watershed districts are roughly 1/2 and 1/2. Albertville flow as it runs off does go thru the two lakes. Maint was done to the main Otsego Creek in 1981 said Mr Beaudry. A large area was dug out from 70TH Street W of McIver. CARMEN WILLIAMS - This is a day and age of straight talk. Their has to be plans for the future. Larry Fournier said the driving factor was Albertville emptying into mud creek and last summers heavy driving rains. In regards to Albertville paying their fair share. Their share of water will be monitored to Otsego Creek and their share will go up as more run off takes place. We just want to make this work. John said the DNR and other agencies are not allowed to lower existing culverts or do any major changes. Theres no way that can be done, because of the protected wetlands. We are not talking about spending lots of money. I don't think you will ever be talking large expenditures NANCY ANDERSON - 1-1/2 years ago there was supposed to be a Rural/Urban taxing district. Has that been established? The City was incorporated, we were required to divide the City into Rural/Urban Diststricts. The line is established, now there is no real difference. Norrn Freske asked if this would affect the Rural/Urban Taxing Dist. Andy said no. Nancy said she sees this as part of the larger picture. A year ago you did not have sufficient data. I was told the newer homes were not paying their own way. Now this affects the rural area. I think the whole City should bear the cost. Andy said that is two separate areas. She said Otsego has been a city for how many years now. Andy said Rural and Urban diffraction is the Sewer and Water and separate process. My question is the priorities. You have all the time and money to spend on the $30,000.00 Creek project. Your really don't know the differentiation. You have time to do this extensive and expensive work on the creek. Last year the different cost was not there. RON BLACK - Said the City has studied the difference twice already. What we are talking about here is a geographic area. The Halls Pond is another area. That will be looked at carefully. Another area is the LeFebvre Watershed District. The City has hired a pilot to create some maps (topographical) so the City can develop some maps for the Urban area. We will be looking at a similar process for each area. DOUG LINDENFELSER said in time there will be a difference, but we are not there vet to do the change. FLOYD GOENNER - He wanted to know why so many weren't up here that are in favor of it. There are 4 creeks that run into the slew. Only one little one runs out. Upstream they are cleaning out. We cannot get the slew cleaned out. We are drowned out and it is cleaned out upstream and not downstream. CITY OF OTSEGO SPECIAL COUNCIL MEETING, PUBLIC HEARING FOR THE OTSEGO CREEK WATERSHED TAXING DISTRICT OF APRIL 26, 1994 AT 7:30PM - PAGE 6 - JUDY BEAUDRY - I have a question about Albertville Sanitary Sewer, Is that discharged once or twice a year. Floyd said it is a steady flow system. Doug Lindenfelser said in the middle of the creek there is a level area with very little flow, especially by McIver. The flat grades need some improvements. One culvert needs to be graded also. Downstream the culverts are not as much a problem as the cleaning of the ditch. DIANE CONSTANT - What other improvements is Otsego going to do? The Halls pond really didn't work. Look at 85H ST. Those people were not accessed. How can you be sure that what you are going to do will work. Do you have any dollar amount? FLOYD RODEN - Said Halls Pond was a storm sewer. This is a Creek Maintenance project. He talked about the other ones will be able to hook up in the future. It should be finished. If Halls was not in, it would be much worse today. Doug Lindenfelser said we definitely did maintain the level on the pond. Larry Fournier - The costs we are looking at, the last time this creek was repaired was 1947. We are hoping we can maintain this for a 15 year time span. You will all be invited back when we do set the tax. There will be a hearing. Floyd talked about the creek and how little work can be done on the Creek. A lot of farmers took care of their own. Ron Black - It is my understanding the boundaries are more geography then anything else. It has nothing to do with levies or taxes. It is the lay of the land. A parcel of land will drain somewhere. Otsego will ultimately be divided up into these drainage districts. Floyd Roden said when we have all these water problems solved. Your extra run off water will be channeled to Otsego Creek MRS CHAPP - Will you be given bids to different people. Can local people do the job such as fallen trees. Doug Lindenfelser said our Maintenance Department may be able to handle part of it. Norm said we have to watch the liability. ROBIN FAUCHAULD - I'm for it. Since I moved to Kadler I have been trying to get the creek to the E of me cleaned. My entire pasture is flooded. She said the culvert was dropped 6". Doug said no. Her other concern is that maybe it wouldn't be voted to clean that part of the watershed. CURT EASTLAND - Dept of Trans. - Are you handling the watershed authority. John said this is a Watershed Taxing District. There is no water Management Authority in this area. City is the LGU in this area. Ron Black said the problems that the City of Otsego has it was generated by the problems within the political boundary. More discussion on Watershed Mgm. Authority and who would have the Authority. Wright Co handled the Development in Otsego, prior to the City Status. CITY OF OTSEGO SPECIAL CITY COUNCIL MEETING. PUBLIC HEARING FOR THE OTSEGO CREEK WATERSHED "s AXING DISTRICT OF APRIL 26, 1994 ,AT 7:30PM - PAGE 7 - Mayor Freske talked about the MPCA meeting and the statement, they are just a bunch of farmers. It is a tough decision when you have water. GERARD ZACHMAN - 1 asked for the City (Twp) to get Frankfort involved in this. They are definitely dumping water on Otsego. Lamy Fournier said we want to get Frankfort and Monticello Twp involved in this twp. W%Albertville we had the Permit and we blocked it that is how we got them to the table. KEITH VETCH - We are on Kadler on the South edge of it. You are doing project by project. It sounds like we will be helping everybody down the line pay. As it moves S will there be less and Tess payment for maintenance. Andy said the special assessments provides the ability to spread it throughout the arca. In a certain localized project it may be a smaller area. Keith asked how you would get everybody downstream to do it? Ron Black said when a problem is present like trees in the waterway, you can pull the tree out, or pay taxes to the City to do it. The ultimate club card is to levy taxes. nobody likes to do that. I would envision it as a form of people to getting together and discussinee it. DOUG LINDENFELSER Said it is much easier to do something if the funds are available. You said this would be a small project and last 10 or 15 years. You don't want to take it out of the general Fund. Can you take it out of the general fund? Why bother setting up a taxing district. Andy said you can at least approach them. If problems don't get taken care ofyou end up back in this room . John said you are talking about general taxation. It would be much less in the Rural area. DOUG LINDENFELSER Asked about the DNR and what will they allow? Not destroy_ wetlands. They will be very careful that creek improvement is necessary and won't damage wetlands. Cleaning can be done. Sediment out of ditches, blockages. etc. It would be a special permit by the DNR. There is no substantial cost. He explained. Freske asked what procedure does it involve to get the permit from the DNR. John explained. Mr Specht - As far as control, I can see some merit of cleaning- the ditch. As Frankfort, Albertville and Monticello grow in 5 years do You need additional money to deepen that ditch. As far as the DNR is concerned you do not deepen the ditch and change the wetlands. They are concerned about the flooding and water. Ron Black said the public in general has a concern. We are obligated in terms of development there can be no net increase of runoff. The water has to be ponded on site. Quality of runoff is another question. State, Fed. and Local Agencies are involved. Mr. Chapp - When will the next meeting'? 5. (:LOSE THE PUBLIC HEARING: FLOYD MOT, DOUG SECONDED TO CLOSE THE HEARING, MOT CARRIED. ». FILE CITY (()l NCIL WILL DISCUSS Ai D POSSIBLY MANE :A DECISIO CITY OF OTSEGO SPECIAL CITY COUNCIL MEETING, PUBLIC HEARING FOR THE OTSEGO CREEK WATERSHED TAXING DISTRICT OF APRIL 26, 1994 AT 7:30PM - PAGE 8 - Larry Fournier wanted to think about this and have it on the next regular Council for Public 1 --fearing. RON BLACK MOTIONED TO SCHEDULE ON THE AGENDA ITEM FOR THE SECOND MEETING IN MAY AS THE FIRST ITEM AFTER THE MINUTES. SECONDED BY LARRY FOURNIER. ANY COMMENTS FEEL FREE TO CALL THE COUNCIL. ALL AGREED. 7. ADJOURN MEETING: MOTIONED BY RON BLACK, SECONDED BY FLOYD RODEN TO ADJOURN. MOTION CARRIED UNANIMOUSLY. NORNI F FRESKE, MAYOR D FLOYD ' ODEN, COUNCIL LA RY FURNLER. COUNCIL RON BLACK. COUNCIL ATTEST: ELAINE BEATTY/DEPUTY ZONING ADMINISTRATO' (CITY SEAL) EB