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06-10-96 WSCITY OF OTSEGO WRIGHT COUNTY, MINNESOTA CITY COUNCIL MEETING 6:30 PM COUNCIL CHAMBERS OTSEGO CITY HALL JUNE 10, 1996 1 Mayor Norman F Freske will call meeting to order_ Mayor Freske called the June 10, 1996 City Council Meeting to order at 6:33 PM. Roll Call: Mayor Norman F. Freske; Councilmembers: Suzanne Ackerman, Ron Black, Larry Fournier, Vern Heidner. Staff: Andrew MacArthur, City Attorney; Bob Kirmis, Assistant Planner; Larry Koshak, City Engineer; Elaine Beatty, City Clerk/Zoning Administrator; Phyllis Cokley, Director of Business/Finance; Judy Hudson, Deputy Clerk. 2. Consider Agenda approval. Mayor Freske requested the addition of a letter from Bridgewater Telephone Company under Item 10.2.d. CM Fournier motioned to approve the June 10, 1996 City Council Agenda as amended. Seconded by CM Heidner. All in favor. Motion carried. 3. Consider Minutes: 3.1. May 281996 City Council CM Heidner motioned to adopt the May 28, 1996 City Council Minutes. Seconded by CM Fournier. Voting For: Councilmembers Ackerman, Black, Fournier and Heidner. Abstained: Mayor Freske, since he did not attend the meeting. Motion carried. 4. Special Presentations: 4-L Presentation of 1995 Annual Financial Report by Abdo, Abdo and Eick. Auditor. Representing Abdo, Abdo and Eick was Steve McDonald. CM Fournier noted for the public that the 1995 Financial Report was reviewed at the Workshop Meeting held prior to the Council Meeting. CM Fournier motioned to accept the 1995 Annual Financial Report. Seconded by CM Black. All in favor. Motion carried. 5. Open Forum: Don Greninger, resident on Kadler Avenue: Mr. Greninger requested the repair of a culvert at 92nd Street. Mayor Freske responded that he will contact Public Works regarding this matter. Otsego City Council Meeting of June 10, 1996, cont'd. Page 2. 6_ Phyllis Cokley - Finance Director 6 1Consider Resolution Providing for Issuance and Sale of 5650,000 Creneral Obligation Improvers nt Bonds - Series 1996 - A FD Cokley reported the funding for projects 95-1, overlay project in Mississippi Shores and 95-2, street reconstruction project in Island View Estates, will be through the sale of a $655,000 General Obligation Improvement Bonds, Series 1996A, with repayment from special assessments. Springsted Incorporated, Public Finance Advisors, prepared a report stating their recommendations, which is attached. Mr. Paul Donna of Springsted went over the report with the City Council. Mr. Donna also recommended the City apply for a credit rating on the bonds. A rating should provide more marketability of the bonds and ultimately lower interest rates for the City. The cost of this rating would be $3,500 for a full rating and about half that price for a shadow rating. CM Fournier asked if the City would have to reapply for the rating each time. Mr. Donna said yes. Mayor Freske questioned if the cost of rating each time would be financially feasible to gain the lower interest rate. Mr. Donna said yes and explained the costs. CM Heidner noted on Page 3 of Springsted's Report regarding the prepayments of assessments and was concerned with assessment payoffs. Mr. Donna said the schedule takes into account equal payments and the additional 2% interest rate for the assessment should cover the prepayments. It was noted the sale of Bonds will be on July 8, 1996 with award that evening at the City Council Meeting. CM Fournier asked if combining these two projects saved the City money. Mr. Donna said it lowered the costs of financing. CM Black motioned to accept Resolution 96-17 authorizing the issuance and sale of $655,000 General Obligation Improvement Bonds Series 1996A. Seconded by CM Heidner. All in favor. Motion carried. Mayor Freske asked about the process of the rating. Mr. Donna replied the rating process takes into account the overall taxing, financing, organization structure, etc. The process takes about one to one and half weeks. They will assist Phyllis Cokley with this. The overall indication is that Otsego would receive a good rating and would open up the marketability of Otsego. CM Black motioned to authorize Springsted Incorporated and Otsego's Finance Director to apply for a shadow rating and if favorable to continue with the full rating. Seconded by CM Heidner. All in favor. Motion carried. (Discussion occurred between the motion being made and the actual vote) Discussion: CM Heidner requested the motion include to start with the shadow rating and if this is favorable to continue with a full rating. CM Black agreed. Otsego City Council Meeting of June 10, 1996, cont'd. Page 3. 7-1- Consider Geora VanTatenhove Final Plat of Rivers Glen Plat_ Staff Report Bob Kirmis went over the NAC Report dated June 4, 1996. He recommended approval subject to the eight conditions outlined in the attached report. Larry Koshak, City Engineer, recommended approval subject to the conditions he outlined in his attached letter dated June 6, 1996. City Council Comments and Action CM Fournier questioned if the ponding is adequate for the 100 Year Flood. Mr. Koshak replied yes, the developer has provided adequate storage on site. No additional ponding has been provided for credit towards the impact fee. He has recommended this and upon final plans received, this will probably be done.. CM Heidner questioned the type of street being placed. Mr. Koshak said it will be urban section. CM Black had two concerns with Item 5 of the NAC recommendations, questioning why the City is involved with the restrictive covenants and asked if b,c, d included as part of the surviving provisions of the Developer's Agreement. He questioned what happens in the future if the driveways are moved and the City doesn't enforce the covenants. He suggested putting these restrictions on the Deed, making them permanent restrictions. Mr. MacArthur said the restrictions are put in the Developer's Agreement. If there are few restrictions, it is easier to do by Deed. CM Black suggested reviewing this issue and developing a City Policy. Mr. MacArthur said he primarily looks at the covenants regarding City issues. In some of the larger developments, there are considerable number of restrictions and it is better to have them in one document than a number of Deeds. CM Heidner noted some restrictive covenants can be thrown out by the majority of the owners and the City could lose some of the City's restrictions. Mr. MacArthur said that normally what happens are the City's Restrictions in the covenants states those restrictions are enforceable by the City and are separated out. Mayor Freske's concern was with the residents having knowledge of these restrictions. This is why the City makes sure the covenants are recorded per Mr. MacArthur. CM Black motioned to adopt the Rivers Glen Final Plat subject to the conditions outlined in the NAC Report dated June 4, 1996 and include the recommendations of the City Engineer outlined in his letter dated June 6, 1996. Seconded CM Ackerman. All in favor. Motion carried. .• •- • •rib ••• IN • • : • . •• Otsego City Council Meeting of June 10, 1996, cont'd. Page 4. Staff Report Mr. Kirmis went over the NAC Report dated May 13, 1996. NAC recommends approval of the Conditional Use Permit subject to the conditions outlined in the attached report. CM Fournier was concerned with Condition 10 regarding the private easement. Mr. Koshak replied this was a recommendation by the Planning Commission. In his opinion, the drain tile is a private matter and should be left up to property owners to make their own arrangement and the City should not be a part of it. The costs could be a determining factor if it is done. CM Heidner was also concern with this and that in just offering the easement doesn't solve the problem. CM Black was concern with the drain tile, stating this is a private matter and the City should stay out of it. He questioned who is going to pay for the repair. He was also concern with the private easement, stating the City should not be a position of forcing a landowner to do something they don't want to do. CM Heidner was concerned if the City was getting in the middle of this by allowing a driveway put on top of the drain tile. Mr. Koshak said the reason why he asked to review the construction of the tile is because of the soil structure damage as a result of this. He feels that the City has a responsibility of soil structure damage on the site and a building permit is issued, and erosion continues with building damage there is a City Responsibility. He is not saying anything about the installation of the tile but that it will function properly. If the tile isn't fixed he would recommend not to issue a building permit. CM Heidner said if the item regarding the private easement is removed but item 7 is left there regarding the repair of the field tile and if the repair costs are high, than the owner who benefits doesn't share in the costs, it will prevent the residents from building there. The City Engineer said the owner indicated to him that is a cost he will bear. CM Black questioned if the City would have any liability. If this is a problem that concerns the Public then it should be a project and assessed back. Mayor Freske asked if this was all on private property. Mr. Koshak said it crosses Quale Avenue. In Mr. MacArthur opinion, if the City Engineer is offering recommendations, that is where the liability can come in. He also stated he is against providing easement but felt the City can say the person applying for the variance has to provide adequate drainage. CM Heidner suggested rewording Item 7 and removing Item 10 under the Decisions. CM Black suggested for Item 7, under Decisions, to state the landowner demonstrate the property is drained properly. Mr. Alden, applicant, sees no problem with this but his concern was if it is his responsibility to find out how far back the tile is broken, especially if it broken under the City Street. The City Council said no, he shouldn't dig under the City Street. Otsego City Council Meeting of June 10, 1996, cont'd. Page 5. CM Black questioned what if the stoppage is under the City Street, then the drainage issue is beyond this landowner. Mr. Koshak said he has been directed by the Council to deal with the crossings as if it was a private matter but if the correction was under the City Street the City would correct it. Mr. MacArthur suggested phrasing Item 7, under Decisions, in reference to drainage off of the property - if the applicant can demonstrate proper drainage. Mr. MacArthur doesn't feel the City Engineer should be telling him what to do but he can provide to the City Engineer that it is draining properly. CM Black clarified that it is just his property and not the neighbor's. CM Fournier motioned to approve the Alden Conditional Use Permit subject to nine conditions outlined under Decisions, excluding Item 10 and re -wording Item 7 to reflect that sufficient drainage is provided for the property. Seconded by CM Black. All in favor. Motion carried. (Discussion occurred between the motion being made and the actual vote) Discussion: CM Black specifically noted that the only thing the City is concerned about is the drainage from the Alden's lot and is not concern about the drainage from the other lots. If Mr. Alden chooses to do something that is his business but the City is not requiring anything done. CM Heidner asked the City Attorney if this covers the City for any liability and Mr. MacArthur said it would. 7.3_ Revised Home Occupations Amendment. Mr. Kirmis went over the NAC Report dated May 29, 1996. CM Heidner motioned to send the revised Home Occupation Amendment to the Planning Commission for a Public Hearing. Seconded by CM Ackerman. All in favor. Motion carried. 7-4- Consider S -M- Hentges & Sons- Inc-. (Martin J- Timmins). Owner o the • •• a is Elk kiver/RogersF. • 119-500-263201, f• A- I zoned properly located on Hwy 10 1 and 72nd Street, A Conditio-i al Use Permit • allow the following: a- A Mining Permit in an A- I Zone. Staff Report Mr. Koshak went over his Report dated May 22, 1996. Mr. Kirmis went over the NAC Report dated June 6, 1996. City Council Comments and Action CM Fournier questioned if the Mining Permit stated that once the 101 Project is completed, the mining operation ceases. Mr. Koshak responded that there will be no hauling on City Streets and once the project is closed out, all entrances to 101 must be eliminated. Otsego City Council Meeting of June 10, 1996, cont'd. Page 6. CM Heidner motioned to approve the Conditional Use Permit for the establishment of a Mining Permit for the subject parcel, subject to the 13 Conditions in the Findings of Fact. Seconded by CM Black. All in favor. Motion carried. (Discussion occurred between the motion being made and the actual vote) Discussion: CM Heidner clarified a comment made at the Public Hearing that the Letter of Credit for this Mining Permit is less than another Mining Permit issued by the City. The reason being that with this Mining Permit it is smaller and there will be no travel on City Streets, therefore no potential damage and stated that both applicants are being treated fairly. 7.5_ Any other Planning Business- a- Discussion of Residential Setbacks. Mr. Kirmis went over his June 5, 1996 Memorandum. Mayor Freske stated he supports reviewing the proposed change in setbacks. CM Heidner noted an article in the Star and Tribune reporting that the type of houses people like to purchase are houses with the garage to the back and not stuck out in front. CM Black supported Elaine Beatty's logic she stated in her Request for Council Action which is attached, stating it would be to the City's advantage to have proper setbacks for ascetics and encourage three car garages. He supports the revision. CM Heidner questioned if there was a fire code factor involved with setbacks. The Council directed Staff that they support both the revisions to the setbacks and the review of the antennas requirements. R Andy MacArthur- City Attorney R 1 Hearings for Liquor License Renewals for: a Riverview LiquQrette Mayor Freske opened the Public Hearing at 7:51 PM. There was no public comment. CM Black motioned to close the Public Hearing. Seconded by CM Fournier. All in favor. Motion carried. CM Black motioned to approve the Liquor License Renewal for Riverview Liquorette. Seconded by CM Fournier. All in favor. Motion carried. h Pattern Station dba Riverwood CQnference Center Mayor Freske opened the Public Hearing at 7:52 PM. There was no public comments. CM Heidner motioned to close the Public Hearing. Seconded by CM Ackerman. All in favor. Motion carried. CM Fournier motioned to approve the Liquor License Renewal for Riverwood Conference Center. Seconded by CM Black. All in favor. Motion carried. Otsego City Council Meeting of June 10, 1996, cont'd. Page 7. 8 Request for authorization for transcript re: I-FFCO Mr. MacArthur would like to have the option of authorizing this transcript. The cost would be in the neighborhood of $600 to $1,000. CM Black motioned to grant the City Attorney's request giving him the option of authorizing a transcript regarding Lef-Co. Seconded by CM Heidner. All in favor. Motion carried. 8 Consider Workshop date for posed Feedlot Ordinance Review CM Fournier motioned to set June 18, 1996, 6:30 PM for a City Council Workshop for review of the proposed Feedlot Ordinance and requested Staff to review and comment and submit their written comments prior to the Workshop. Seconded by Black. All in favor. Motion carried. 9 Larry Koshak. Cityngin� eer_ 9 1 Consider Otsego Creek Levy (Cont'd from 4-22-96 Agenda) Mr. Koshak reviewed possible options for this levy as outlined in his attached report. CM Fournier motioned to abandon the proposed structure replacement and creek channel enhancement as outlined in the Hakanson Anderson Feasibility Report dated February 20, 1996. Seconded by Mayor Freske. Voting For the Motion: Mayor Freske, CM Heidner and CM Fournier Voting Against the Motion: CM Ackerman and CM Black Motion carried three (3) to two (2). (Discussion occurred between the motion being made and the actual vote) Discussion: CM Black asked who is going to pay for all costs incurred. CM Fournier suggested to first decide if the project will be done. Mayor Freske stated his frustrations with residents requesting a project to be done and when the feasibly report is done and costs are incurred then the same ones oppose the project. CM Heidner thought another option would be the proposed 72" culvert replacing the 60" one, the cost of a replacement of same size would be paid by Stormwater utility fee and the cost of the difference for the upgrade charged to the project, therefore reducing the assessment. Mr. Koshak noted structure replacements include other issues, reconstruction, apron ends, rip -rap and prices vary because of type of structure and the time of year. CM Heidner noted under Option 3 since it is a upgrade, shouldn't be using maintenance funds but replacing the culvert with the exact same one and take care of the issues where it was not set correct, would be another way of getting costs down. CM Black's observation that many of the residents attending this meeting were here three (3) years ago wondering why Otsego didn't do anything because of the flooding and now Otsego City Council Meeting of June 10, 1996, cont'd. Page 8. the same people are saying they don't want the repairs and improvements. He feels that if this project is turned down and the culvert washes out the cost of repairs will be more than this proposed project. He stated his disappointment with this motion and it is a mistake not doing this project. CM Fournier could support billing the Otsego Watershed for costs incurred. CM Fournier motioned to bill the Otsego Creek Watershed for costs incurred up to this date. Seconded by CM Black. CM Fournier withdrew his motion. CM Black withdrew his second. (Discussion occurred between the motion being made and the actual vote) Discussion: CM Black questioned the legality of this and will not support this. A decision was to be made to proceed at request of landowners involved to take care of this problem and the rest of the taxpayers shouldn't spend any more money doing anything. CM Black stressed the City has to look at the overall benefit to the City and not to a few residents. Floyd Goenner, resident, stated when this was first requested it was for between 83rd Street to the end of Pouliot's. When Otsego tried into with Albertville, everything got expanded. 9-2- Consider adopting Stormwater drainage_ Utility fees Mr. Koshak reviewed his attached report with the Council CM Black motioned to direct Staff to prepare a full report implementing the Stormwater Drainage Utility Fees. Seconded by CM Fournier. All in favor. Motion carried. (Discussion occurred between the motion being made and the actual vote) Discussion: CM Black asked if this was something that would be considered slightly ahead of the Budget this Fall. Phyllis Cokley thought this is something they would start on immediately for developing a budget. Mr. Koshak noted that all that is needed to be known at this time is the mechanism of billing. Both Mr. Koshak and Phyllis Cokley anticipated starting this at the first of the year. Mr. MacArthur noted there is no requirement for a Public Hearing for this but the minutes should be gone over to make sure this is clear. The Council indicated they would have a hearing for updating the residents. 9.1 Update on ISTEA 1996 Trail Acquisition Mr. Koshak gave the City Council an update on the negotiations with John Lefebvre. which took place Thursday evening, June 6, 1996. Any options to get a bike trail to the school property affect Mr. Lefebvre's property. Mr. Lefebvre feels this issue would be solved by forgiving his assessments in total. Last time they met they talked about the assessments and talked about interest which is really a non -issue because interest is not a present amount but handled in the future. The Otsego City Council Meeting of June 10, 1996, cont'd. Page 9. present situation leaves the City with the two assessments of $30,900. If the City acquires three (3) acres of land, Mr. Lefebvre's issue is that these assessments are forgiven. Technically looking at this, Mr. Lefebvre could pay off his assessments now for $30,900, therefore, the three (3) acres would cost the City over $10,000 per acre, which Mr. Koshak felt was high but the situation is where the City is trying to provide access to the trail to the school. Phyllis Cokley looked at this from the point of view what is the value of the land. She questioned if this land is an investment. She talked to a Real Estate person, the two (2) acre triangle piece could sell for $30,000, the assessor said farm land is valued at $3,500 per acre. After discussion and review she felt $10,000 an acre is in the ball park and asked if the City willing to pay this. If so, then the City can decide how to pay for it. CM Fournier said this is a chance to complete the ISTEA Grant and without the bike trail, the City would have to give up part of the funds or construct a trail somewhere else which couldn't be as appropriate to the public. Mr. Koshak said the goals of this first grant was to get connection to the school. CM Black motioned for the City Staff to enter into agreement with John Lefebvre to purchase the land taking into account the easement concerns the City Council discussed. Seconded by CM Fournier. Voting For the Motion: CM Black, CM Ackerman, CM Heidner, CM Fournier Voting Against the Motion: Mayor Freske Motion carried four (4) to one (1). (Discussion occurred between the motion being made and the actual vote) Discussion: Mayor Freske stated he would like to see more negotiating and therefore possibly lower the price. CM Black felt this will be a win situation since the City has a willing seller and it is something the public wants. He feels the details can be worked out and that land is a good investment. CM Heidner was concern if the 2.5 acres is developable because of the access issue therefore not worth $10,000 per acre. Mr. Koshak said a condition of the purchase agreement is that the City will be giving Mr. Lefebvre an easement to allow him to use the farm road and we can drop the easement as soon as one of the forty's has access by other means. CM Heidner said he would be comfortable if it states the City has the right to terminate the easement. Mr. MacArthur stated he felt he could come up with an agreement. Mr. Koshak said a condition could also be put in that the easement could be re -located. CM Fournier summed this up that the City Attorney has heard the Council's concerns and to consider these when drawing up the contract. 9-4. (See 7-4) Planner's Items_ 9-5- Any other Engineering Business. Mayor Freske asked Mr. Koshak about the NSP Letter regarding coal bottom ash. Mr. Koshak didn't feel it needed comment and stated it wouldn't affect City operations. Mayor Freske also noted the June 5, 1996 letter from MnDOT regarding 62nd Street. Otsego City Council Meeting of June 10, 1996, contd. Page 10. Mr. Koshak responded that MnDOT hasn't replied to our request to center the street and feels that 62nd Street will probably remain as it is in the end with the blacktop being removed. Mayor Freske asked about the Kolles property at CSAH 37 and Odean. Mr. Koshak stated he sent a request to the County for a drainage solution and the County responded that they would not participate in this as there is no evidence that there was a former tile in there. The contractor will clean out the tile. Mayor Freske set a Public Works Meeting for Friday, June 14, 1996 at 8:30 AM. 10_ Council Items- 10.1- tems_10.1_ Consider authorization of Mayor and Council member to sign Certification of Local Performance Measures - Aid form (Review State Lama Phyllis Cokley reviewed as outlined in the attached RCA. CM Black motioned to accept Staffs recommendation to sign the Certification of Local Performance Measures Form. Seconded by CM Heidner. All in favor. Motion carried. (Discussion occurred between the motion being made and the actual vote) Discussion: CM Black stated this information was helpful. B Consider letter from William D. Olson Park and Recs_ o resign his regular position and appoint him to Second Alternate CM Black motioned to accept Mr. Olson's resignation as a member of the Otsego Park and Rec. Board as a full-time member and appoint him as the second alternate. Seconded by CM Heidner. All in favor. Motion carried. The City Council discussed the current openings for the City Commissions. members. CM Black motioned to direct each member of the Park and Recs. Commission, Planning Commission and the EDAAC to recruit and submit a name for the current openings on the Commissions to the City Council by the first Council Meeting in July. Seconded by CM Fournier. All in favor. Motion carried. (Discussion occurred between the motion being made and the actual vote) Discussion: CM Heidner asked if the appointments can be made this way or do we advertise. Elaine Beatty said we have advertised. Otsego City Council Meeting of June 10, 1996, cont'd. Page 11. CM Black said what he is suggesting that every member submit the name of the person they have contacted and who would be willing to serve. CM Heidner asked about the current applications and will they still be considered. The City Council said yes. CM Fournier motioned to approve Rod Bengtson as alternate to the Planning Commission. The Council discussed that they would like to have all applicants go through the normal interview process. CM Fournier withdrew his motion. D Letter from Bridgewater Mayor Freske reported Bridgewater had a Pre -construction meeting held last week and no one from Otsego attended. CM Black asked when can they expect the Bonestroo Report regarding the Sewer Study. Elaine said she expects it to arrive this week. Phyllis Cokley said there is a high priority need to get the Park work done. There is scheduled use for the fields next Monday. Mayor Freske said it was his understanding that Duane Fielder is in charge of the Parks after the road work is done. Mayor Freske stated that the Park Commission provide direction. CM Heidner said the lines of the Communication need to be improved and he feels that members of the Parks Commission should not be directing Duane on what to do. CM Black said it is his understanding that Duane is responsible for Parks. There are communication problems and who determines what the priorities around here are. He doesn't agree that streets always come first. He sees a need for a decision making process, establishing priorities. The Park Commission is only an advisor to the City Council and the City Council directs the Staff and no one else should. Mayor Freske feels too many people are getting involved in this and Dave Chase shouldn't have to be involved with the Parks. Phyllis Cokley pointed out the City adopted an organizational structure which shows Duane reports to Dave Chase. She felt that Dave should determine who does what and also there is a need for scheduling of equipment which needs to be done by one person. CM Heidner said there was money allocated in the Budget for Duane to perform Park work but not necessary in charge of the Parks. CM Black asked what the problem is and who are all the people involved and if there are people on the Park and Rec. telling City Staff what to do they should be removed since they have no authority to be doing this. He has talked to at lease three staff members and the problem seems what the priorities of the City Council are not of anyone else's. CM Fournier stated that he feels that Dave Chase should be in charge and when there is time to work in the Park and Dave will supervise. Otsego City Council Meeting of June 10, 1996, cont'd. Page 12. CM Black felt that Duane is responsible for the Parks and Well and the problem is with the equipment with both needing to use them and also the situation where a project is not getting done in a timely fashion. CM Black feels the priority is get the Park done now. CM Black said he would be willing to receive any phone calls regarding this. Mayor Freske pointed out that weather dictates when road work is done. CM Heidner questioned who is committing and scheduling ball fields that are not done stating the City knew three (3) months ago that the fields wouldn't be done. Phyllis said the ball fields were suppose to be done last year and that just T -ball is scheduled. Mayor Freske said he will bring this back to the next council meeting. 10.3. City Clerk's Update John Domke, SKB, called Elaine Beatty and he said that after the workshop meeting they had with the Council he thought the 60 days was too long of a time to wait for some type of response from the Council and asked if it could be shorten to 45 days. After Council discussion they requested to have this on the next City Council Agenda. Mayor Freske stated he received a letter from a teen living in Otsego requesting the City to be a sponsor in the Teen Leadership Program. Mayor Freske motioned to not participate in the Teen Leadership Program. CM Black seconded. All in favor. Motion carried. Elaine Beatty will send a response letter. 10.4. Consider Claims List for Approval. oval. CM Black motioned to adopt the Claims List as presented. Seconded by CM Heidner. All in favor. Motion carried. CM Black motioned to close the Meeting. Seconded by CM Heidner. All in favor. Motion carried. Meeting closed at 9:30 PM. Discussion of Litigation issues regarding: annexation with Jerry VonKorff. Meeting reopened at 10:14 PM. 10.5. Adjourn by 10 PM_ CM Fournier motioned to adjourn the meeting. Seconded by CM Ackerman. All in favor. Motion carried. Meeting adjourned at 10:14 PM. Mayor Norman F. Freske Attest: Elaine Beatty, City Clerk/Zoning Adm. Recorded by: Judy Hudson, Deputy Clerk City Seal