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04-03-1995 Public Hearing MinutesPUBLIC HEARINGS CITY OF OTSEGO APRIL 3, 1995 7:00 PM 1. Norman F. Freske, Mayor will call Meeting to Order. Mayor Freske called to order at 6:31 PM. 2. Hearing on Petition to Vacate Street in the Townsite of Otsego (Petition initiated by Chris Bulow as follows: • U. • Mayor Freske opened Hearing. Elaine Beatty stated all publication and postings have been done. h. Andy MacArthur, City Attorney, will explain the Street Vacation Mr. MacArthur explained that this Hearing is for Petition for Vacation of Roadways in the Bulows Estates. Minnesota State Statutes requires that a Public Hearing be held prior to vacation of streets. The following are the streets to be vacated: a. The West Half of "C" Street lying southerly of C.S.A.H. No. 39, and lying northerly of the south line of Block 4, Townsite of Otsego, extended easterly. b. That part of Fifth Street lying easterly of Nashua Avenue and lying westerly of the centerline of "C" Street in the Townsite of Otsego. c. That part of Seventh Street lying easterly of Nashua Avenue and lying westerly of the centerline of "C" Street in the Townsite of Otsego. d. That part of Eighth Street lying easterly of Nashua Avenue and lying westerly of the centerline of "C" Street Avenue and lying westerly of the centerline of "C" Street in the Townsite of Otsego. •1111-1 There were none. d. Close Public portion of the Hearing and bring hack to Council. CM Black motioned to close Public Hearing. Seconded by CM Heidner. All in favor. Motion carried. • 1 •I • .11 - Mr. MacArthur informed the Council that they can make their decision at the next City Council Meeting. CM Black motioned to have this item place on the City Council Agenda on April 10, 1995. Seconded by CM Heidner. All in favor. Motion carried. Discussion: None U• to • ., • , .-• 1_ CM Heidner motioned to adjourn the Hearing. Seconded by CM Ackerman. All in favor. Motion carried. Hearing closed at 6:36 PM. Public Hearing of April 3, 1995, City of Otsego, cont'd. Page 2. 3. Hearings Re: Establishing Watershed Storm Sewer Tax Improvement Districts as follows: a. Mayor Norman F. Freske will open each Hearing in order and determine Publishing/Posting of same: b. Turn over to Engineer and Attorney for explanation c. Any Public Comments d. Close Public Portion of the Hearing and bring back to Council e. Council Discussion of same f. Motion to Adjourn Hearing Mr. MacArthur reviewed that the purpose of these Hearings are to establish Watershed Storm Sewer Taxing Districts. Under MN Statute 444, it allows the City to tax for storm sewer improvements within the districts. These Hearings are to get the general public comments and establish the boundaries for each district. When the City does the taxing, a public hearing must be held. The boundaries established by the Engineer are political boundaries. Mr. Koshak reviewed that he utitilized the topography the City had done. Mapping was done showing the contours and elvations From this, they were able to determine where the districts should be. They took the district boundaries that related to the watershed. There are seven watersheds: North Mississippi, South MississipRic� Hall's i nd Otsego Creek. The one not included is the North�a of the CtThe Otsego Creek Lefebvre, has already been established, but since receiving the topography information it is being amended. There are two boundaries, the actual drainage boundary (watershed its confined to) and the Political boundaries,(based on the land/parcel boundaries). There are cases where the boundaries go through parcels. If taxing is done, the parcel will be described to the County in a simple fashion. Mr. Koshak explained that after the Hearings, he will be available to answer questions, particularly questions as to where a resident's parcel lies. Mayor Freske asked if anyone had any comments before the Hearings started. Gerard Zachman, Oakwood Avenue. Mr. Zachman was concerned that the City should include the neighboring communities of Albertville, Monticello and Frankfort in these discussions because Otsego is receiving water from them. Mr. Koshak explained that we are doing what we can in Otsego. We can act only within our boundary unless we have an Authority, a Joint Power Agreement, or a Watershed Committee. Mr. MacArthur said we are operating within our jurdistriction. The City is trying to address the immediate problems that Otsego has. Mayor Freske replied we know we will have to eventually work with them. Public Hearing of April 3, 1995, City of Otsego, cont'd. Page 3. 1. 7 PM - North Mississippi Watershed Storm Sewer Tax Improvement District Hearing: Mayor Freske opened the Hearing at 7:19 PM. Elaine stated that the proper Publications and Postings have been done. Mr. Koshak showed an overview of the North Mississippi District. He explained the Watershed Boundary and the Political Boundary. A number of acres were pulled out of the Hall's Pond District and added to the North Mississippi Watershed District. The Hall's Pond System is overloaded. Mayor Freske opened the Hearing for questions and comments. Tim Neibling, 15647 NE 90th Street, 5 Acre Parcel: The boundary line goes through the middle of his property and he would like to see the boundary start on his property line. He would like to be attached totally to the North Mississippi District. Mr. Koshak explained this is the type of parcel where you can see the actual drainage split into two districts. This is the way the land lies. We can describe as the north half and south half of PID number. CM Fournier thought it would make sense to put his entire parcel into one district. Rod Bengtson, 14340 NE 89th Street: He was confused with the political boundaries. Mr. MacArthur explained that the Watershed Boundaries determines what's on the ground, Political Boundaries are the fact that in order to assess we have to have the boundary along a concrete line (lot line, etc.). Mr. Bengtson said he and his neighbors want to petition to join the North Mississippi District. He said that a previous submitted drawing showed different lines. Mr. Koshak explained that originally they were in the Halls Pond District and they were assessed. If they were going to receive any benefit from the Halls Pond Assessment, they should stay in that District. Mr. Bengston asked why would it be to their benefit. Mr. Koshak: Halls Pond District has problems, and there may be some long term problems in the North Mississippi District that have to be addressed. No costs have been determined. Mr. Bengston said that it has been stated that there are a number of problems in the Halls Water Pond District that need to be addressed. Why would it be to our advantage to stay in this District. In the North Mississippi District it has been said that everything looks good and nothing is anticipated to be done. Mr. Koshak: Halls Pond District does have problems. There may be long term problems in the North Mississippi District with future development. Mr. Bengston asked to approach the City Council to consider putting the North side of 89th Street into the North Mississippi District as it would be to their advantage. Mayor Freske asked for any other comments Public Hearing of April 3, 1995, City of Otsego, cont'd. Page 4. CM Heidner motioned to close the Hearing for the North Mississippi Watershed Storm Sewer Tax Improvement District. Seconded by CM Black. All in favor. Motion carried. Discussion: Mr. MacArthur advised the Council that any adjustments to these Districts can be done at their Council Meeting. The Mayor and Council agreed that the Districts will be finalized at the next City Council Meeting. This gives them time to hear all the comments on all the Watershed Hearings. 2. 7:05 PM - South Mississippi Watershed Storm Sewer Tax Improvement District Hearing: Mayor Freske opened the Hearing. Elaine Beatty stated that the proper publishing and postings have been done. Mr. Koshak showed the over view of the South Mississippi Watershed. He explained both the Political and Watershed Boundaries. There are four subdistricts. Mayor Freske opened Hearing for Public Discussion and Comments. There were none. CM Fournier motioned to close the Hearing on the South Mississippi Watershed Storm Sewer Tax Improvement District. Seconded by CM Heidner. All in favor. Motion carried. Discussion: None 3. 7:10 PM - Lefebvre's Watershed Storm Sewer Tax Improvement District Hearing. Mayor Freske opened Hearing. Elaine Beatty stated that the proper publishing and postings have been done. Mr. Koshak showed an over view of the Lefebvre's Watershed District explaining both the Political and Watershed Boundaries. There are 8 subdistricts. Mayor Freske opened Hearing for Public comment and discussion. Cecil Adams, 14107 NE 78th Street. Mr. Adams comments were that they are taking in water from two watersheds. They have been in Otsego for 23 years, assessed for the Hall's Pond and he still has 3 feet of water in his yard. The Hall's Additions haven't affected us, and now your splitting us up again. He didn't know that there was another watershed and doesn't mind getting assessed again if it will get rid of the water. Mr. Koshak showed on the map where a portion of Walesch Estates drains into. We divided into two districts because the land behind him is not yet developed. The Halls Pond does not have the capacity for what is in the district. The Halls Pond Assessment provided an outlet to the pond. The Lefebvre District has storage available. Mr. Adams asked if the North Mississippi District will be connected to the Hall's Pond Pipe. Mr. Koshak said no that it is a dedicated line for the Halls Pond. Public Hearing of April 3, 1995, City of Otsego, cont'd. Page 5. Pearl Adams, 14107 NE 78th Street. She said that they have been fighting this water problem since they have lived here. They pump their water into the ditch now. We have water up to our front steps. We used to have a drain in there but it was old. We don't think that we have to pick up water from 5 other acres. Mayor Freske said we are aware that there are some culverts that have to be changed. CM Black motioned to close the Hearing on the Lefebvre's Watershed Storm Sewer Tax Improvement District. Seconded by CM Ackerman. All in favor. Motion carried. 4 7.15 PM - Halls Watffshed Storm Sewer Tax Improvement District Hearing. Mayor Freske opened the Hearing. Elaine Beatty stated that the proper publishing and postings have been done. Mr. Koshak showed an over view and explained both the Watershed and Political Boundaries. He pointed out the portion that was removed from the Halls Watershed District and put into the Otsego Creek Watershed District. Mayor Freske opened Hearing for Public Comment and Discussion. Rod Bengtson, 14340 NE 89th Street. Mr. Bengtson showed on the map the boundary lines and that according to your study the water runs North but the boundary line you designated put us into an another district. CM Heidner referred to Page 11 (Stormwater Drainage Report) showing that this water goes North. They were put into the Halls Pond because they were assessed, subsequent information shows water going to the North, which shows reasons to move it. Charles Finch, 89th Street, His comments were that he contributed to the Hall's Pond. The water has never gone across the road to Halls Pond, has always gone North. What is the reason for this Political Boundary to put them into the Halls Pond. Larry Koshak replied that originally this was in the Halls Pond Project, even though your water runs to the back its actually runs to the North, only outlet that water had was to come across to the Halls Pond. Physically the area is in the Halls Pond. What we are doing in this study, is trying to take as much area out of the Halls Pond as we possibly can. Mayor Freske said that this area will be discussed. Jerry Ahlers, Packard Avenue. His comments were that when he was assessed for Halls Pond, that was supposed to handle the 100 Year Rains. It was decided that an 18 inch pipe be put in but a larger one was placed. If the Halls area is in such bad shape, and the assessment is still on, why wasn't a bigger pipe installed to handle all that water. Mr. Koshak replied that the pipe ended up being 24 inches. The DNR controlled the amount of water flowing from the pond. Mr. Koshak said that the pipe has done well, in 1994 we had high water but the homes were not effected. He also stated that no more development should be done in the Halls District without improvements. Mr. Ahlers wanted to know how many other areas is that collecting from. He lives across the street from the pond and doesn't see any problems. Public Hearing of April 3, 1995, City of Otsego, cont'd. Page 6. Mr. Koshak explained that the pipe is 24 inches and is adequate. Ultimately there will be further development and Water and Sewer and that will increase the impervious surface. That is why we want to get areas out of Halls Pond to lessen the impact. CM Fournier motioned to close Hearing for the Halls Watershed Storm Sewer Tax Improvement District Hearing. Seconded by CM Ackerman. All in favor. Motion carried 5. 7:20 PM - Rice/Foster Lake Watershed Storm Sewer Tax Improvement District Hearing. Mayor Freske opened the Hearing. Elaine Beatty stated that all proper publishing and postings have been done. Mr. Koshak went over the political boundaries using the over view. Mayor Freske opened the Hearing for Public Comment and Discussion: Mike Groth, 6295 Quale Avenue (441-4409). Mr. Groth's comments were regarding the water he is taking from 101 and the Aldens property. He has a washout and is concerned with the water that is running under the road with no culvert. He is having problems with the foundation of his home cracking. Mr. Koshak explained that there are several properties there receiving water from the East. The drain tile has broken and when there is high water there is erosion. The residents were advised to contact the property owner to repair the drain tile. Any costs incurred now would be paid by the benefiting property owners. Mr. Groth asked when road is moved to where it is suppose be, the road would cover the tile, would the City help out with the costs. Mr. Koshak suggested that the City should discuss this . Mayor Freske said we would check his area out. Gerard Zachman: He was concerned with the water coming from other areas into this district. The land behind his Dad's place goes into the Otsego Watershed. Mr. Koshak explained Rice/Foster Lake District is treated similar to Otsego Creek. Mr. Zachman asked if a farm is split into two different districts, will they be taxed differently. Mr. Koshak said that we aren't that far and aren't ready to make a statement. At the next set of hearings we will be looking at costs and if there should be a tax. If no improvements, no tax. Mr. Zachman inquired that the land owned by the State, down by Rice Lake, will they be taxed. Mr. Koshak said under a Statute 444, we can't tax a nontaxable property. Under a 429, we could tax them. Mr. Koshak said we can use the utility fee, and the State would be taxed. Mayor Freske said we will look at the west end. CM Black motioned to close the Rice/Foster Lake Watershed Storm Sewer Tax Improvement District. Seconded by CM Heidner. All in favor. Motion carried. Public Hearing of April 3, 1995, City of Otsego, cont'd. Page 7. 6. A Proposed Amendment to the Otsego City Ordinance No. 94-7 Amending the Otsego Creek Storm Sewer Tax Improvement District Boundaries Hearing. Mayor Freske opened the Hearing. Elaine Beatty stated that the proper publishing and postings have been done. Mr. Koshak showed the amended map on overview. He pointed out the amended political lines. This was amended to take the portion that wehe din�to theHallse the overflow fromand to add to the0tsego Creek 4W Pond and District. We have received permission from the lD take water to Otsego Creek up by CO 39. Tom Constant, 13776 85th Street. His concern was being assessed for the 4W Pond project. Mr. Koshak said we may be able do this project by ditching and not by pipe. Mr. Constant said there are two developers going through this area, would they bear part of this assessment. Mr. Koshak said yes and that is whyrn is with all thethe Stormwater water gom ng from being Alberty Albertville and if they Willie Duerr, 70th Street. His concern will be taxed. CM Fournier replied that Albertville pays on the portion of the water they contribute to the system, right now they are paying 20% of the costs. Mr. Koshak explained any improvements on the Otsego Creek above 83rd Street is on a 20/80 split. Mr. Duerr asked how much water is Albertville putting into the lake. Every time they build a house, there is more water. CM Fournier announced that the next Otsego Creek Meeting is April 12, at Albertville,. There will be information on Albertville's runoff. 7 PM, all meetings are open. CM Black motioned to close the Hearing for the Amendment to the Otsego Creek Storm Sewer tax Improvement District, Ordinance No. 94-7. Seconded by CM Fournier. All voted in favor. Motion carried. CM Black motioned to set all the Watershed Districts and Amendment to the Otsego Creek District for discussion and decision at the April 10, 1995, 6:30 PM City Council Meeting. Seconded by CM Ackerman. All in favor. Motion carried. Discussion: CM Fournier asked if the Engineer will have enough time to address all the concerns. CM Black asked to have Mr. Koshak's comments and recommendations on these issues. Mr. Koshak thought he could have this ready. CM Fournier asked the City Attorney if we move a property from one watershed to another, does that affect any previous assessments against that property. Mr. MacArthur said absolutely not. 7. Any Other Council Business CM Heidner requested to cancel that tentative meeting for April 6, 1995. Council agreed. Public Hearing of April 3, 1995, City of Otsego, cont'd. Page 8. 8. Adjourn CM Black motioned to adjourn. Seconded by CM Heidner. Meeting adjourned at 8:40 PM 0 orman F. Freske lack, Council lc Vern Heidner, Council Att City Seal dson, Deputy Clerk Suzanne M. S. Ackerman, Council WATERSHED STORM SE\ 0 YAM VI/lit 141Y* kkitSSISSal tilOH Loonsia xn a3145i121W* L••71.4• t•ID o N.) HflJ* t. 110.1/44,t• AvaNui ttif I: .r1- Pt•&441;le*.i.114V 1 ' i1616 -sr, . :I•i• • .1., /MO Mom •yr Wieti2i; org games" gi z • C AM. 1 ••• ,••••.• I 41 As maw Irellit • Mail 0 PLC. OW. AVINVE 4 OMB r •_. ,-.11; . 1011111 • ri act" ' so= ree4•1•1 • +I+ • • + • • • ••••r•••• 'AdauL O' • . 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