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03-11-19 City Council MinutesOTSEGO CITY COUNCIL MEETING OTSEGO PRAIRIE CENTER MONDAY, MARCH 11, 2019 Call to Order. Mayor Stockamp called the meeting to order at 7:01 PM. Roll Call: Mayor Jessica Stockamp; Councilmembers: Tom Darkenwald, Corey Tanner, Tina Goede, and Jason Warehime. Staff: Adam Flaherty, City Administrator/Finance Director; Daniel Licht, City Planner; Ron Wagner, City Engineer; Andy MacArthur, City Attorney; and Tami Loff, City Clerk. Pledge of Allegiance: Mayor Stockamp led in the Pledge of Allegiance. 1. Open Forum. No items. 2. Consider Agenda Approval, CM Warehime motioned to approve as written. Seconded by CM Darkenwald. All in favor. Motion carried. 3. Consent Agenda. 3.1 Approve Claims List. 3.2 Approve City Council Meeting Minutes. A. February 25, 2019 Meeting. 3.3 Approve City Council Special Pay for February 2019. 3.4 Authorize Advertisement of Street Maintenance I Position. 3.5 Accept Resignation from Planning Commissioner Steve Schuck. 3.6 Approve Resolution 2019-12 Approving First Supplemental Trust Indenture, Series 2017 Revenue Bonds. 3.7 Call Special Meeting for Monday, March 25, 2019. 3.8 Approve Pay Request #4 for Norin Landing. CM Warehime motined to approve. Seconded by CM Tanner. All in favor. Motion carried. 4. Public Hearing. 4.1 Otsego Mini Storage Vacation of Existing Drainage and Utility Easement. A. Presented by City Planner. B. Open for Public Comments. C. Close the Public Hearing. D. Approve Resolution 2019-11. CM Darkenwald asked the City Attorney if he should abstain. City Attorney MacArthur said yes. CM Darkenwald stepped down from the dais at 7:04 PM. City Planner Licht presented the staff report. Mayor Stockamp opened the public hearing at 7:05 PM. Hearing no comments Mayor Stockamp closed the public hearing at 7:06 PM. CM Warehime motioned to approve Resolution 2019-11 vacating a portion of an existing utility easement within the plat of Riverbend North. Seconded by CM Tanner. Motion carried 4-0. CM Darkenwald abstained. CM Darkenwald returned to the dais at 7:07 PM. Page 1 of 3 5. Community Development. 5.1 Follow up Regarding Hackenmueller Request. City Planner Licht presented the staff report. He stated the City Council directed City staff to contact property owners abutting the south side of 67th Street for input regarding the sidewalk. City staff mailed a letter to the four property owners and requested any feedback in writing. He noted for the record the City received a response from property owner Lisa Blanchar, 12257 67th Street, Otsego, a copy of that letter was distributed to the City Council this evening. He explained the recommendation from City staff is for no action; the sidewalk needs to be maintained as prescribed by the City Code, including snow removal. There was discussion on school bus stops and the safety of the kids crossing the street. City Planner Licht said one of the items that was noted is there is not a sidewalk apron at the intersection of Mason Avenue and 67th Street connecting the sidewalk from the south to the sidewalk to the north. City staff has discussed incorporating that into the City's ADA Transition Plan. Brad Hackenmueller, 12267 67th Street NE, spoke again on his request. CM Warehime asked if a notice was sent to the property on the corner of Mason and 67th that is not plowing either. City Planner Licht said a notice was sent in February of this year and it was cleared. CM Warehime stated he had went by it today and it looks like it has not been done all year. Mr. Hackenmueller explained that no one is living there at this time. CM Warehime asked what it would cost for city staff to clear the sidewalk. City Planner Licht said he would have to check with Street Operations Manager Kevin Lamson; it would depend on which equipment would be used. CM Warehime said the home to the left has maintained their sidewalk as well as the Blanchars. He further stated he spoke to the property owners and they state they do use the sidewalk. He said he feels the sidewalk needs to be taken care for the remainder of this year and then next year a sign can be installed and the sidewalk apron can be installed. CM Darkenwald spoke on the uniqueness of this situation. CM Tanner and CM Goede both spoke on safety concerns. Mayor Stockamp questioned if the school bus service has been contacted regarding this. City Planner Licht said not at this time; if it is decided to close that portion of the sidewalk City staff will notify them. After discussion; the conclusion is that no action would be taken this season; Mr. Hackenmueller will take care of clearing the sidewalk of snow for the remainder of the year and then next year a sign will be installed posting the sidewalk as "closed" from November to May and not require property owners to remove snow and an apron will installed this spring/summer. Also, City staff was directed to contact the bus company to notify of the change for next year. Also, regarding the vacated property CM Warehime said he would like a citation sent out for non compliance of the city code. 6. Legal. 6.1 Consider Resolution 2019-13 Supporting Legislation Authorizing Infrastructure Development Fees. City Attorney MacArthur said as previously discussed with the City Council at the last meeting, legislation has recently been introduced in both the State Senate and House of Representatives to authorize City's to establish Infrastructure Development Fees to pay for needed street improvements outside of proposed developments but that need to be constructed or improved due to the traffic that will be generated by the development impacting the existing street system. This is in light of the recent Harstad v. Woodbury case which disallowed such fees, even if specifically agreed to by the Developers. He further stated the League of Minnesota Cities and various affected Cities have requested that other cities adopt a resolution in support of the legislation. City staff is recommending approval of the attached resolution in support. CM Darkenwald stated that before this case we used to be able to collect access fees. City Attorney Macarthur said yes and City Engineer Wagner explained the past practice. After discussion the City Council concurred with the recommendation and also approved sending a letter of support to the local legislators. 3/11/19 CM Darkenwald motioned to adopt Resolution 2019-13 supporting legislation authorizing infrastructure development fees related to streets. Seconded by CM Warehime. All in favor. Motion carried. 7. Administration. 7.1 Metro Appliance Recycling Claim List. CM Warehime stated he will be abstaining from this item. CM Darkenald motioned to approve the claim list for Metro Appliance Recycling in the amount of $40.00. Seconded by Mayor Stockamp. Motion carried 4-0. CM Warehime abstained. 7. City Council Reports and Updates. No items. 8. Staff Reports and Updates. City Administrator/Finance Director Flaherty said that the I-94 Corridor Coalition has scheduled a day trip to the State Capitol on Tuesday March 26th from 8:00 AM to 3 PM in which the City Council is invited to attend. City Clerk Loff stated this evening the City Council accepted the resignation from the alternate Planning Commissioner; she said the opening has been posted on the city website and she received an application from Vern Heidner. It was noted that Mr. Heidner had interviewed and been appointed to the Public Safety Commission recently so that an additional interview was not needed. CM Warehime questioned if Mr. Heidner was interested in being on both Planning and Public Safety Commission. City Clerk Loff to contact him to confirm. CM Warehime motioned to appoint Vern Heidner as the alternate seat (to expire 2020) on the Planning Commission. Seconded by CM Darkenwald. All in favor. Motion carried. 9. Adjourn. CM Darkenwald motioned to adjourn. Seconded by CM Warehime. All in favor. Motion carried. Adjourned at 8:06 PM. ATTEST: - Tami Loff, City Clerk 3/11/19