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04-24-03 PHITEM CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA PUBLIC HEARING STORMWATER CHARGES SOUTH SUB -DISTRICT STORM SEWER SYSTEM FOR THE EAST COMMERCIAL AREA OF THE NORTH MISSISSIPPI WATERSHED DISTRICT THURSDAY APRIL 24, 2003 7PM 1. Mayor Fournier will call the meeting to order. Mayor Fournier called the meeting to order at 7 PM. Roll Call: Mayor Larry Fournier; Councilmembers: Vern Heidner, Virginia Wendel, Jerry Struthers and Dan Scharber. Staff: Mike Robertson, City Administrator; Judy Hudson, City Clerk/Zoning Administrator; Ron Wagner, City Engineer and Andrew MacArthur, City Attorney. 2. Explanation of Hearing Process by Andrew MacArthur City Attorney. Mr. MacArthur explained the Public Hearing for the proposed the Stormwater Impact Fees. Two properties, the Christ Lutheran Church and The Bank of Elk River, are the only properties being charged since they are the only ones developed at this time. Final determination of the fee and any credits will be made by the City Council at a City Council Meeting. Mr. MacArthur discussed this with John Babcock from The Bank of Elk River, who was unable to attend the Public Hearing. The Bank faxed a letter (attached). 3_. City Engineer Ron WaLmer. Ron Wagner gave a brief history and description of this project. Ron also went over the costs as outlined in his attached October 10, 2002 memorandum. 4. hearing opened for Public Comments Mayor Fournier opened the Hearing at 7:17 PM. Judy Hudson attested the proper noticing and publishing was done. Jean Kincannon, 8478 Nashua Avenue, attended on behalf of Christ Lutheran Church. She asked for compensation for the easement given to the City for the ditch. Mrs. Kincannon stated it was suggested by the City to get an appraisal. Mark Lucas, treasurer and finance advisor for Christ Lutheran Church and Mrs. Kincannon met with Mike Robertson and gave a copy of their appraisal to him. The appraisal suggested a value of $2.83 a square foot. The Church requests for the City to pay in cash the assessed value and charge the Church the impact fee and assess it over ten years. CM Heidner said at $2.83 a square foot that would work out to be $123,274 per acre at the time of taking. Public Hearing of April 24, 2003. Page 2. 5. Any Council Discussion. Ron Wagner noted this would have been appraised prior to the Waterfront Development. Mr. MacArthur stated the easement was conveyed on October 12, 2000 and the date of appraisal was November of 2001 and the easement was conveyed prior to sewer and water extension. Land for the Waterfront Development was sold for $1.75 per square foot just prior to this. Mayor Fournier stated he felt the Church should be compensated for the easement and the Council needs to arrive at the best way to do that. CM Heidner stated he doesn't have a problem paying for the easement, but all landowners giving up easements must be treated the same. Mr. MacArthur stated that when the Church was originally approached, the City was looking at pre -sewer costs of $30,000 per acre. Mayor Fournier asked if the Bank was compensated for any easement. Mike Robertson replied that they were not. Mark Lucas stated the Church was forced to petition for sewer and water and that their septic and well would have been fine. CM Heidner responded that when the Church requested their second expansion they were made well aware that this would be a commercial area and that the Church would be treated like other commercial users because they wanted to be there. Sewer and water also helps with their rating and eliminates the need for large areas of land for drain fields. Mark Lucas said this is the first time he has heard the October 2000 date for the easement taking and they don't want to be greedy, but they have a financial responsibility to the Church. Mrs. Kincannon concluded asking the Council to give the Church some consideration for the easement. 6. Close Public Hearing. Hearing no further public comments, Mayor Fournier closed the Public Hearing at 8:05 PM. Mayor Fournier suggested that no decision be made tonight, but that staff considers all comments and bring a recommendation to the May 12, 2003 City Council Meeting. 7. Adjourn. CM Heidner motioned to adjourn. Seconded by CM Wendel. All in favor. Motion carried. Meeting as5pumed at 8:15.�M. ayor Larr Fournier ATTEST: Ju ud n City Clerk