ITEM 3.2A 1.28.2019 MinutesITEM 3.2A
OTSEGO CITY COUNCIL MEETING
OTSEGO PRAIRIE CENTER
MONDAY, JANAURY 28, 2019
Call to Order.
Mayor Stockamp called the meeting to order at 7:00 PM.
Roll Call:
Mayor Jessica Stockamp; Councilmembers: Corey Tanner and Tina Goede. Absent: Councilmember
Jason Warehime. Staff: Andy MacArthur, City Attorney; Ron Wagner, City Engineer; Adam Flaherty, City
Administrator/Finance Director and Tami Loff, City Clerk. Councilmember Tom Darkenwald arrived at
7:09 PM.
Pledge of Allegiance: Mayor Stockamp led in the Pledge of Allegiance.
1. Open Forum.
No items.
2. Consider Agenda Approval.
City Attorney MacArthur requested to move Item 4.2 to Item 2.1.
CM Tanner motioned to approve the revised agenda, Seconded by Mayor Stockamp. All in
favor. Motion carried 3-0.
Item 2.1 Consider Riverbend North Assignment and the TIF Development Agreement as Revised.
City Attorney MacArthur reviewed the Assignment of Tax Increment Notes and the revised TIF
Development Agreement. CM Tanner asked if the applicant is current on fees due to the city. City
Administrator/Finance Director Flaherty said yes. It was also noted that the developer cannot record the
final plat until the city receives the required security.
CM Tanner asked the applicant when the project would be started. Mr. Darkenwald said they would
probably break ground in a couple weeks.
CM Tanner motioned to approve Assignment of Tax Increment Notes between the City of
Otsego, Otsego Apartments, LLC and Wings Financial Credit Union and to approve the TIF
Development Agreement as revised. Seconded by Goede. All in favor. Motion carried 3-0.
3. Consent Agenda.
3.1 Approve Claims List.
3.2 Approve City Council Meeting Minutes.
A. January 14, 2019 Meeting.
3.3 Motion to Set Special Meeting Date for Strategic Planning.
3.4 Approve Resolution 2019-04 Reimbursement Bond Regulations under the Internal Revenue Code.
3.5 Approve Automatic Aid Agreement for Fire Protection Services.
3.6 Approve Quote for Exploratory Well Drilling Services.
3.7 Approve Pay Estimate #3 for Norin Landing_
3.8 Authorize Great River Regional Trail Master Plan Request for Proposals.
3.9 Receive Wellhead Protection Plan Status Update.
3.10 Adopt Ordinance 2019-01 Amending the City Code Regarding_ Massage Business Licenses.
3.11 Approve Revised Quotes for the 2019 Fleet CIP Purchase Single -Axle Dump Truck and Plow.
3.12 Approve Resolution 2019-05 Accepting all Public Improvements for Arbor Creek 3rd- Phase 4.
CM Tanner motioned to approve. Seconded by CM Goede. All in favor. Motion carried 3-0.
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CM Darkenwald arrived at 7:09 PM
4. Legal:
4.1 Charter Communication Items:
A. Cable Franchise Ordinance 2019-02.
B. Ordinance 2019-03 Repealing Existing City of Otsego Cable Ordinance.
C. Settlement and Release Agreement.
D. Resolution 2019-06 Consent to Transfer of Cable Franchise.
City Attorney MacArthur said the City originally entered into a cable franchise agreement with Charter
back in 2002 and the original agreement was a term of 15 years and expired in 2017. The City and
Charter agreed to extend the franchise agreement for an additional year in order to negotiate a new
franchise during the course of 2018. He reviewed the recommendations as outlined in the packet.
Charter Communications Representative Amanda Duerr said she wanted to clarify regarding the transfer
resolution, and that there was actually no sale, rather Charter is only consolidating operating entities so
there is no changes in ownership still the same parent company of Charter Communications. CM
Darkenwald asked what does CC VIII Operating, LLC actually own. Ms. Duerr said that is the operating
entity of the existing franchise, and it is all Charter Communications owned as the parent company.
CM Darkenwald asked the City Attorney why we do a 15 -year agreement. City Attorney Macarthur said
it's traditional and also, it's the max amount authorized under the Federal Cable Act. CM Tanner asked if
it is a typical thing for Cities to have a franchise agreement for cable services. City Attorney MacArthur
said yes and it's the same fee we had previously at 5% of gross revenue.
CM Goede questioned the wording of "modestly strengthened service extension obligation" included in
the memo from Attorney Bob Vose. City Attorney MacArthur explained that the obligation for Charter to
provide cable service is based on density; which is proposed to be 8 residential units per quarter mile
while within the existing franchise agreement, that density requirement was 9 residential units per
quarter mile; he further explained that the existing franchise agreement had a service area map and that
map failed to show major areas of the City by the end of the agreement due to the rapid growth. The
current proposed agreement relies on density calculations for the requirement of delivered services.
CM Darkenwald motioned to approve Cable Franchise Ordinance 2019-02 Granting a
franchise to CC VIII Operating LLC, D/B/A Charter Communications to Construct, Operate
and maintain a cable system and provide cable service in the City of Otsego, Minnesota and
Approve Ordinance Summary for publication. Seconded by CM Tanner. All in favor. Motion
carried.
CM Darkenwald motioned to adopt City of Otsego Ordinance No. 2019-03 Repealing existing
City of Otsego Cable Ordinance, Title 4, Chapter 10, Otsego City Code and replace it with
new City of Otsego Cable Ordinance, Title 4, Chapter 10, Otsego City Code and Approve
Summary for publication. Seconded by CM Tanner. All in favor. Motion carried.
CM Darkenwald motioned to approve Settlement and Release Agreement between City of
Otsego and Spectrum Mid-America (Charter). Seconded by CM Tanner. All in favor. Motion
carried.
CM Darkenwald motioned to approve Resolution 2019-06 Consent to transfer Cable
Franchise. Seconded by CM Goede. All in favor. Motion carried.
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5. Public Works:
5.1 Approve Project Plans & Specifications and Authorize Advertisement for Bids.
A. 85th Street Micro -Surfacing Project.
B. Annual Street Maintenance Project.
City Engineer presented the plans and specifications for the 85th Street Micro -Surfacing Project. City
Engineer Wagner noted that the advertisement for bids will be pending approval by State -Aid.
CM Darkenwald motioned to approve Plans and Specifications and Order Advertisement for
Bids for the 2019 Street Micro -Surface Project, City Project No. 19-02. Seconded by CM
Tanner. All in favor. Motion carried.
City Engineer presented the plans and specifications for the Annual Street Maintenance Project.
CM Tanner motioned to approve Plans and Specifications and Order Advertisement for Bids
for the 2019 Street Maintenance Project, City Project No. 19-01. Seconded by CM Goede. All
in favor. Motion carried.
6. Annual Business:
6.1 Appoint Acting Mayor.
CM Tanner motioned to appoint CM Tom Darkenwald as acting Mayor. Seconded by Mayor
Stockamp. All in favor. Motion carried.
6.2 City Council Subcommittees & Liaison Appointments for 2019.
Mayor Stockamp reviewed the assignments for 2019 as follows:
• Planning Commission:
CM Darkenwald; Alternate Mayor Stockamp
• Parks and Rec:
Mayor Stockamp; Alternate CM Goede
• Heritage:
CM Tanner; Alternate CM Goede
• Public Safety Commission:
CM Warehime; Alternate Mayor Stockamp
• Public Works Sub -Committee:
CM Tanner, CM Warehime; Alternate CM Goede
• Administrative Sub -Committee:
Mayor Stockamp, CM Darkenwald; Alternate CM Tanner
• Otsego Creek Authority:
CM Warehime, CM Goede
• Fire Advisory Sub -Committee (two CC members):
CM Warehime, Mayor Stockamp
In addition:
WCAT- Quarterly Meeting:
Mayor Stockamp motioned to have the City Administrator attend the Quarterly WCAT
meetings. Seconded by CM Darkenwald. All in favor. Motion carried.
Mayor Stockamp motioned to appoint the 2019 City Council Subcommittee and Liaison
Appointments as noted above. Seconded by CM Tanner. All in favor. Motion carried.
6.3 Assign City Council Representative for the 7W and Met Council Meeting.
Mayor Stockamp motioned for her to attend the next 7W and Met Council meeting.
Seconded by CM Darkenwald. All in favor. Motion carried.
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7. City Council Reports and Updates.
7.1 Commission Liaison Updates.
A. Heritage Preservation Commission Liaison CM Tanner.
CM Tanner said the Commission worked on the new article for the next Otsego View.
B. Parks & Recreation Commission Liaison Mayor Stockamp.
Mayor Stockamp said the Commission received updates on Norin Landing and the Master Plan.
C. Public Safety Commission Liaison CM Warehime.
Mayor Stockamp said they are planning to have Steve from Elk River Ambulance be in attendance at
their next meeting. She stated the Commission changed the next meeting date to February 19th at 6:00
PM.
8. Staff Reports and Updates.
City Administrator/Finance Director said he and City Planner Licht were invited to the ISD 728 board
meeting on February 11 at 6 PM to speak on Otsego growth.
City Clerk Loff reminded the City Council of the Advisory Commission Interviews scheduled for 5:30 PM
on February 11.
City Engineer Wagner gave some project updates.
9. Adjourn.
CM Darkenwald motioned to adjourn. Seconded by CM Tanner. All in favor. Motion carried.
Adjourned at 8:04 PM.
ATTEST:
Tami Loff, City Clerk
1/28/19
Mayor Jessica Stockamp