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ITEM 3.2A 10.22.2018 MinutesITEM 3.2A OTSEGO CITY COUNCIL MEETING OTSEGO PRAIRIE CENTER OCTOBER 22, 2018 Call to Order. Mayor Stockamp called the meeting to order at 7:01 PM. Roll Call: Mayor Jessica Stockamp; Councilmembers: Vern Heidner, Corey Tanner, Jason Warehime and Tom Darkenwald. Staff: Ron Wagner, City Engineer; Daniel Licht, City Planner; Adam Flaherty, City Administrator/Finance Director and Tami Loff, City Clerk. Pledge of Allegiance: Mayor Stockamp led in the Pledge of Allegiance. 1. Open Forum. Special Recognition: 2018 Photo Contest Winner. City Clerk Loff said the city held its 2nd annual photo contest and had 66 entries and 302 votes cast. The viewer's choice is the photo submitted by Loren Green. The City Council presented a certificate of recognition and a gift card. Special Presentation: Chuck Schauss. Chuck Schauss stated he is running for Wright County Commissioner this election and introduced himself to the City Council and staff. Other: Tanner Anderson, 8206 Ochoa Avenue NE, stated his concern with an unlighted intersection within Walesch Estates stating it's a school bus stop and he is concerned with the safety of those students. City staff said that this item is actually already on the Public Works Subcommittee agenda for Wednesday, October 24 with staff recommendation to install a light. Mark Daleiden, Wright County Commissioner, spoke in response to questions raised during Mr. Schauss discussion. He explained the preliminary budget of Wright County and said that the budget as well as the five year projection is on the county website. 2. Consider Agenda Approval. CM Heidner motioned to adopt as written. Seconded by CM Tanner. All in favor. Motion carried. 3. Consent Agenda. 3.1 Approve Claims List. 3.2 Approve City Council Meeting Minutes. A. October 8, 2018 Meeting. B. October 8, 2018 Special Meeting. 3.3 Received Commission Meeting Minutes. A. Public Safety Commission September 11, 2018. B. Heritage Preservation Commission September 11, 2018. 3.4 Adopt Assessments for Bury Industrial Park. A. Resolution 2018-65: Improvements of Kadler Avenue and 73rd Street. B. Resolution 2018-66: Sanitary Sewer and Water Charges. Page 1 of S 3.5 Pay Estimates and Requests. A. Kadler Avenue Project Pay Estimate #3. B. Norin Landing Park Improvements Pay Estimate #1. 3.6 Statutory Tort Liability Limits. 3.7 Approve Quote for Improvements to Municipal Well #4. 3.8 Adopt Ordinance 2018-10: Amending the he City Code Regarding Barking Des. 3.9 Adopt Ordinance 2018-11: Amendina the Citv Code Reaardina Rental Housing Licenses. CM Heidner motioned to approve. Seconded by CM Tanner. All in favor. Motion, carried. CM Warehime said he will be abstaining from Item 4.1 since he has property in that area. CM Warehime stepped down from the dais at 7:25 PM. 4. Public Hearing: 4.1 Mississippi Shores Improvement Project Proposed Assessment. A. City Clerk Attests to Legal Notice. B. Comments by City Engineer. C. Presentation of Proposed Assessment Roll. D. Open Hearing for Public Comments. E. Close Public Hearing, F. Consider Resolution 2018-67 Adopting the Assessment Roll. City Clerk Loff attested to all the legal noticing has been completed and noted one letter of objection of assessment received this evening from Josh and Charisse Craven, 15486 92nd Street NE, Otsego, MN, 55330. City Engineer Wagner presented the improvement project and proposed assessment. City Administrator/Finance Director Flaherty read aloud the following statement from the City Attorney; Tonight we are having a public hearing related to proposed assessments for the Mississippi Shores and portion of Antelope Park Road Improvement Project. The purpose of this Hearing is to hear objections from affected property owners to the amount of their proposed assessment on the project. The subject of your comments should relate specifically to the assessment on your property and whether or not that assessment is fair and equitable. You have the right to appeal the amount of your assessment to the District Court pursuant to Minnesota Statute 429.081. In order to make such an appeal you must object to the assessment and provide reasons for the objection in writing by the end of this hearing. The written objection should be delivered to the City Clerk. Once the City Council has adopted the assessment roll, anyone who has properly objected and wishes to appeal the assessment must within thirty days after adoption of the assessment serve a notice of appeal on the Mayor or City Clerk. If a notice is served it must be filed with the District Court within ten days after it is served. The appeal would then proceed as a District Court case. This appeal is the exclusive means of contesting an assessment. Mayor Stockamp opened the Public Hearing at 7:34 PM. Dan Graeber, 9224 Park Avenue NE, questioned why he has to pay interest or pay it all upfront. City Administrator/Finance Director Flaherty said that is the city's special assessment policy he also explained that we follow the MN State Statute for noticing the public hearings. Mr. Graeber said that his mailbox was damaged during the improvement project and just replaced last week and now it is not up to standards. City Engineer noted there is a punch list of items to still be completed by the contractor. 10/22/18 Rob Skurka, 14956 96th Street NE, said he is one of the eleven properties that is within the Antelope Park development and that he feels the road in Antelope Park was reclaimed prematurely. City Engineer Wagner explained the City added that portion for continuity of the streets. He said yes it does have a higher PCI rating than Mississippi Shores but lower than the City prefers. He also explained the assessment policy as it relates to direct access. Mr. Skurka asked the City Council to hold off on approving the Resolution until further review of the Antelope Park dollar amount. Curt Palm, 1524096 th Street NE, asked if Wright County was being assessed for their portion by the park. City staff said no. Mr. Palm asked the City to consider paying 30/70 percent. City Staff explained that does not meet the City policy of 50% general property tax levy and 50% special assessments. Terry Hold, 15477 93rd Street NE, asked if a grate will be put on the new culvert on his property. City Engineer Wagner explained that they do not put grates on the 24 inch culverts. Curt Palm, 15240 96th Street NE, asked the process of objection. City staff explained again that a letter would need to be submitted to the City Clerk by the end of this hearing in objection of the assessment. John Raivala, 9250 Ohland Avenue NE, stated he lives in Antelope Park and he was disappointed that he has to pay for this assessment. There was discussion on speeding on 96th Street. During the public hearing Street Operations Manager Kevin Lamson recommended residents call the Wright County Sheriff office on the speeding vehicles. Mayor Stockamp closed the Public Hearing at 8:23 PM. CM Darkenwald said he would like to address a couple issues that were brought up this evening; one of them being the policy we have been using as to how we pay for the local streets that people have driveways to; the city pays for 50% and the people that have driveways pay for 50% in that project area. He explained that if we did projects where the city pays for 100%, your taxes would be paying for all city streets, and not just yours, and that the property tax levy would be higher. CM Heidner estimated that the property tax levy would have to double. CM Darkenwald recommended changing the interest percent to 3.50 and amortizing the assessment with equal annual payments rather than the equal annual principal amortization method. City Administrator/Finance Director Flaherty explained that this has not been the past practice and does not meet the city policy. CM Tanner motioned to approve Resolution 2018-67 as presented in the packet. Motion failed due to lack of a second. CM Darkenwald motioned to approve Resolution 2018-67 adopting the assessment roll for the 2018 Street Renewal Project with interest rate at 3.50% and amortizing the assessment with equal annual payments rather than the equal annual principal amortization method. Seconded by CM Tanner. Motion carried 4-0. CM Warehime abstained. . CM Warehime returned to the dais at 8:50 PM. 4.2 Ashwood Vacation of Existing Permanent Road, Slope, Grading and Maintenance Easement. City Planner Licht presented the staff report. The applicant was present with no comments. 10/22/18 Mayor Stockamp opened the Public Hearing at 8:53 PM hearing no comments the Public Hearing was closed 8:53 PM. CM Darkenwald motioned to adopt Resolution 2018-68 vacating an existing easement within the Ashwood plat. Seconded by CM Heidner. All in favor. Motion carried. 5. Community Development: 5.1 Riverwood National 2nd Addition PUD Development Stage Plan. City Planner Licht presented the staff report. CM Heidner spoke on the Planning Commissions concern with the length of the driveway. It was discussed of adding verbiage that no parking signs be added to the city portion of the driveway and that an agreement be signed by the property owner that they consent to the development agreement. City Planner Licht presented verbiage for addition of Item 6 and 7 in the findings of Fact and Decision. CM Darkenwald motioned to approve a PUD Development Stage Plan for Lot 2, Block 1, Riverwood National 2"d Addition subject to the conditions listed in the Finding of Fact and Decision with the additions of as follows: 6. The property owner shall provide for installation of no parking signs upon the shared driveway within Lot 1, Block 1, Riverwood National 2nd Addition as determined by the Utility Operations Manager. 7. The property owner shall consent to the terms of the Riverwood National Development Agreement. Seconded by CM Heidner. All in favor. Motion carried. 5.2 Magnolia Landing Final Plat. City Planner Licht presented the staff report. The applicant was present with no comments. They are estimating a spring start date. CM Warehime motioned to approve the Magnolia Landing Final Plat subject to the conditions as outlined in the Findings of Fact and Decision as presented and adopt Resolution 2018-69 approving a Development Agreement. Seconded by CM Darkenwald. All in favor. Motion carried. 5.3 Martin Farms 6t" Addition Final Plat, CM Warehime said he will be abstaining from this item. City Planner Licht presented the staff report. The applicant was present with no comments. They are estimating a spring start date. CM Darkenwald motioned to approve the final plat of Martin Farms 6t" Addition subject to the conditions outlined in the Findings of Fact and Decision as presented and adopt Resolution 2018-70 approving a Development Agreement. Seconded by CM Heidner. Motion carried 4-0. CM Warehime abstained. 6. Engineering: 6.1 Authorize Preparation of Plans and Specifications for Lift Station #7. City Engineer Wagner presented the preliminary project cost estimate. It was noted that this is paid out of the Sanitary Sewer Utility Fund. CM Darkenwald motioned to approve Resolution 2018-71 authorizing Hakanson Anderson to commence preparation of plans and specifications for Lift Station #7 located in the southeastern area of magnolia Landing. Seconded by CM Warehime. All in favor. Motion carried. 10/22/18 7. City Council Reports and Updates. 7.1 Commission Liaison Updates. A. Heritage Preservation Commission Liaison CM Tanner. CM Tanner said there were no noted items for discussion at the October meeting. B. Parks & Recreation Commission Liaison Mayor Stockamp. Mayor Stockamp said the Commission held a joint meeting with the City Council to review progress on the Park Master Plan. C. Planning Commission Liaison CM Heidner. CM Heidner said there was one Planning Commission meeting in October and that item was on the agenda this evening (Item 5.1). D. Public Safety Commission Liaison CM Warehime. CM Warehime said the Commission discussed the Fire Code and the City Planner will be present at the next meeting. CM Tanner gave an update on the I-94 Chamber of Commerce Silent Auction Dinner he attended. 8. Staff Reports and Updates. City Clerk Loff said the Advisory Commission Dinner for this year has been scheduled for Thursday, December 13 at 6:30 PM; invites will be mailed out in November. City Engineer Wagner gave some project updates. 9. Adjourn. CM Darkenwald motioned to adjourn. Seconded by CM Warehime. All in favor. Motion carried. Adjourned at 9: 35 PM. Mayor Jessica Stockamp ATTEST: Tami Loff, City Clerk 10/22/18