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01-25-21 City Coucil MinutesOTSEGO CITY COUNCIL MEETING OTSEGO PRAIRIE CENTER MONDAY, JANUARY 25, 2021 Call to Order. Mayor Stockamp called the meeting to order at 7:05 PM. Roll Call: Mayor Jessica Stockamp; Councilmembers: Jeff Dahl, Brittany Moores, Tina Goede, and Tom Darkenwald (*). City Staff: City Administrator/Finance Director Adam Flaherty, City Attorney Dave Kendall (*), City Planner Daniel Licht; City Engineer Ron Wagner and City Clerk Audra Etzel. This meeting is proceeding under MN State Statute 13D.021 allowing members to appear by telephone or video conference due to the ongoing health pandemic and state of emergency. For the record, the Mayor, three Council members, and certain City staff were present in-person. Those indicated with a (*) attended via video conference. Pledge of Allegiance: Mayor Stockamp led in the Pledge of Allegiance. 1. Open Forum Mayor Stockamp opened the Open Forum at 7:06 PM. Stewart Turnquist 11020 95th Street NE, has the farm adjacent to NorthStar Regional. He thanked everyone for an opportunity to speak. Two months ago he was in front of the Council to discuss the remodel of the East Building only 9 feet from his property line. He was alarmed to see the two-story wall of windows. Mr. Turnquist called City Planner Licht right away and went to City Hall to see the blueprint. He spent a couple hours at City Hall. Reading through all the blueprints and fine print, primary use appears to be to receive new residents: 16 residents, R-4 occupation, without restraint. Concludes, other doors are secured, but they allow egress at all times and they do not restrain their residents. The windows will overlook his property and he has security concerns. Handout presented was partial copy of the blueprints and a February 2020 letter from the CEO of Northstar. The blueprints appear to have been approved. How is this coming to fruition and done by February 8th, he was never notified. Planner Licht noted NorthStar Regional does not have zoning approval for the use listed on the drawings. Permit came in that day and staff would not issue until zoning approved. There have been a number of issues at this address. Unfortunately the permit was issued without zoning approval. A stop work order was issued and the builder was contacted. The builder would make the application to allow for a PUD amendment. Code does not say they can make the improvements and continuing was at their own risk. A meeting will be noticed on February 16th for a public hearing to consider an amendment. CM Darkenwald had questions regarding the document source. This building is supposed to be a maintenance building, the Eastside House. Planner Licht noted a Certificate of Occupancy will not be received unless the city approves the PUD amendment. Mayor Stockamp added they can continue with the building out and these improvements might not be able to be used. Mr. Turnquist added that it appears they are working quickly so these windows can exist, even if they are turned down. Doesn't like that they can be watching his grandchildren and goats. Dr. Hal owns property and leases to NorthStar Regional. The NorthStar CEO is writing a letter to the neighbors. Looks bad from his family. In the beginning there were two separate driveways. The resident driveway runs Page 1 of 6 along the property to a house that no longer exists. Driveway vacated when the house went away. This is the last big piece of the big woods, northbound by the Mississippi, unbelievable asset to have all these elements. Mr. Turnquist feels it's important to have treatment centers and this is a good application for buildings. Not this new thing Hal has come up with. Puts pressure on his family, no one else will be there. Smoking patio has been added. He wants a buffer between NorthStar clients and his family. Thank you for consideration. Concept to this truly unique property ... big woods, river research mile island off of his farm USA 130 acres — not hobby farm. Mayor Stockamp asked about the driveway issue. Planner Licht stated the driveway is a private easement, not part of the City's review. This would be part of the approval, not happy that a permit was issued, mistake was made and still dealing with this issue. The stop work order was issued, it is at their own risk to continue, and windows are allowed. The use requires zoning approval. This is the second issue. A meeting will be scheduled with staff to add additional steps to avoid this type of issue in the future. Attorney Kendall agrees with Planner Licht that a Certificate of Occupancy does not have to be issued if not conforming. Windows can be installed and building used only used for allowed use. Mayor Stockamp asked staff to research letter that Mr. Turnquist stated was sent to residents. Mr. Turnquist provided the City Clerk with a copy of the handouts discussed during the open forum. Corey Tanner 7952 Palmgren Avenue NE — fired up about Mr. Turnquist's issues. He was part of the approval for NorthStar Regional and worked with Otsego and their neighbors. It appears they are not holding up their end of the bargain. Mr. Turnquist is willing to work with the City, reach out to NorthStar to have a conversation. Mayor Stockamp closed the Open Forum at 7:32 PM 2. Consider Agenda Approval. CM Darkenwald motioned to approve as written. Seconded by CM Goede. Voice Roll Call: Voted in favor; Goede, Stockamp, Darkenwald, Moores and Dahl. Voted against; none. Motion carried 5-0. 3. Consent Agenda. 3.1 Approve Claims List. 3.2 Approve City Council Meeting Minutes. A. January 11, 2021 Meeting. 3.3 Project Payments: A. Pay Estimate #5 for the Parkview Avenue and 88th Street Improvements. B. Pay Application #9 for the East WWTF Biosolids Project. 3.4 Approve a Conditional Use Permit for Construction of Water Tower #4. 3.5 Adopt Ordinance 2021-01 Amending the City Code to Regulate Targeted Residential Picketing_ 3.6 Adopt Resolution 2021-05 Reimbursement Bond Regulations under the Internal Revenue Code. 3.7 Accept Quotes and Approve 2021 Fleet Purchases: A. Toolcat Utility Vehicle. B. Tandem Axle Dump and Plow Truck. C. Front -End Loader. 3.8 Approve Submission of the 2021 Pay Equity Compliance Report. Page 2 of 6 CM Darkenwald motioned to approve the consent agenda as amended. Seconded by CM Goede. Voice Roll Call: Voted in favor; Goede, Stockamp, Darkenwald, Moores and Dahl. Voted against; none. Motion carried 5-0. 4. Engineering: 4.1 Water Tower #4: A. Presentation by City Engineer Wagner. Engineer Wagner presented information regarding Water Tower #4. This 1.5 million gallon composite storage container is 50% larger than current towers, and will be located on southeast quadrant near CSAH 38 and McAllister. Put in water main where left off on Martin Farms. Ready to hook up once constructed. Storm pond in the corner. Paved up to the front door. Four pads available if telecomm leasers. A Logo shown on the water tower will be the same as #2 (one toward the exchange of 37 and 94, north 19 or Maciver, and east CSAH38. Total costs $4.5 million in construction costs, total cost $5.5 million, with $6.6 million in the CIP. B Approve Plans and Specifications and Order Advertisement for Bids. Staff would advertise for about five weeks. Meet with contractors beforehand since this is a larger project. Recommend the plans and specs and advertise. Engineer Wagner noted this is close to a two year project, spring 2023 with full use in May or June of 2023. CM Darkenwald asked why lower than budgeted amount? Engineer Wagner explained the percentage fee used for design probably higher. A lot of design is done by the contractor and they do a lot of the other work. Typical 10-15% on a smaller project, not doing the design gets down to the 3.5-4.5%. This will be going forward into the next budget and spread out over 2021-2023. CM Goede motioned to approve the Plans and Specifications and Order Advertisement for Bids for Otsego Water Tower #4, City Project No. 20-08. Seconded by CM Moores. Voice Roll Call: Voted in favor; Goede, Stockamp, Darkenwald, Moores and Dahl. Voted against; none. Motion carried 5-0. 4.2 Corrective Quitclaim Deed: A. Presentation by City Engineer Wagner. B Adopt Resolution 2021-06 Approving Execution of Quitclaim Deed Transferring Property. CM Darkenwald stated he worked on this project with the City and County back in 2004/2005. And this property was owned and donated by his family. CM Darkenwald recused himself at 7:43 PM. City Engineer Wagner stated this goes back to when Trunk Highway 101 was constructed. MnDOT needed to build Quam Avenue as bypass for TH101. Doing a corrective quitclaim deed corrects the easements and right-of-way between the City and MnDOT. CM Moores motioned to approve Resolution 2021-06 approving execution of Quitclaim Deed Transferring Property to Minnesota Department of Transportation. Seconded by CM Goede. Roll Call: Voted in favor; Goede, Stockamp, Moores and Dahl. Voted against; none. Motion carried 4-0. Page 3 of 6 CM Darkenwald rejoined the meeting at 7:47 PM. 5. Administration: 5 1 Approve the Finance Assistant Job Description and Authorize Recruitment. City Administrator/Finance Director Flaherty stated this item is a recommendation from City staff and the Admin Subcommittee to start the recruitment process. Finance Assistant duties: primary back-up to UB and other duties in finance. Council was presented a job description that was scored by BakerTilly to be a paygrade 6. This position would work part-time hours and funded 1/2 from utilities budget and 1/2 through the general fund. If approved, potential an employee could start could by end of March or beginning of April. Currently, Sandy is the back-up for utility billing, leaving the front counter short staffed. Barb and Kelly are consumed with building permit activity, leaving a void when Sandy is away from the front desk and taking away from customer service. This hire would be a dedicated back-up for Mary and assist with finance department. Last year there were over 900 special assessments searches. With the HR Generalist vacancy, finance has taken over additional tasks including payroll. Escrow maintenance, there are over 100 accounts. The invoices and statements need to be kept up. It is important this person have a background in billing. They would cross -training to be a back-up when needed in the finance department and help cover vacation. This would bring staffing levels back up as in past years. This could possibly be a full time position in 1-3 years. This would allow the other staff to continue to grow within their positions. Council discussed and agreed this position was budgeted last summer to bring better continuity to the office. The position can be expanded in the future. CM Stockamp motioned to approve the Finance Assistant job description and authorize staff to initiate the recruitment process. Seconded by CM Goede. Voice Roll Call: Voted in favor; Goede, Stockamp, Darkenwald, Moores and Dahl. Voted against; none. Motion carried 5-0. 5.2 Approve the HR / Assistant City Administrator Job Description and Authorize Recruitment. City Administrator/Finance Director Flaherty presented information and a recommendation to replace the Human Resource Generalist position, who retired last fall. The Subcommittee and staff has evaluated the position and determined a Human Resources — Assistant City Administrator would be a better fit for the growing city. Payroll will continue through finance, to allow for separate functions. BakerTilly rated the pay grade to be 14. Since the vacancy payroll processing shifted; benefits for all employees — need a more formal open enrollment process, recruitment, AEM Work Solutions - evaluated the City policy and procedure. Report has a good starting point of tasks for the new person to take on. Safety program liaison to MMUA — eight safety trainings during the year and set-up the trainings. New tasks include supervision of the Building Permit Technician and Administrative Assistants at the front desk. Included overseeing city communications, newsletter, social medial, and mobile app — needs attention. Communications Committee has been started — they could be another leader to move forward. Council materials review to continue high quality. Acting City Administrator position. Assist with community liaison and partnerships. Project management recently completed or budgeted — public works expansion. Strategic planning growing city. CM Darkenwald stated this position would focus on HR needs as the City grows. Currently lacking and greatly needed as an asset for the employees. Page 4 of 6 CM Goede asks why payroll would not be done by the new HR hire, feels payroll is part of the HR roll. Administrator Flaherty noted this task that can be handled by finance and by separating allows for internal control function. The time sheets have been approved, provide to outsourced company. The description could be flexible with the Payroll task. Recommended language modification to state Finance would be the back-up if the HR person was out or could add bullet #2 under HR to process payroll. Finance assistant job description would be added back to the HR / Admin assistant or overseeing. The new system with PAYCHEX is in process, allowing increased access for the employees. Mayor Stockamp and CM Darkenwald have reviewed with the Subcommittee and support the addition of the position. Administrator Flaherty is to continue as the community liaison — this person is the back-up. This position would allow for more delegation and time to participate in community events. Staff will bring back revised job description as discussed to a future council meeting for approval. 2nd request was to consider conducting a 3rd party search for the HR — Administrative Assistant. A verbal quote from two firm's $15,000 full services or an ala -carte variety approach for about $8,000. The job would still be advertised locally with ICMA and League of Minnesota Cities. Mayor Stockamp spoke with Administrator Flaherty today and though Mr. Fursman could partner with the city to keep the costs down. Since this is a new position, what do both firms anticipate for quantity/quality of applicants? Feels help is needed to find the right candidate. Council discussed and do not want the full service approach. They want to have involvement with the candidates. Mr. Fursman knows the culture of the city, council and staff and would be a good fit helping with the candidate search. CM Stockamp motioned to authorize staff not -to -exceed budget of $8,000 to consult with Huel.ife at the discretion of the City Administrator to assist with the recruitment process for the HR — Assistant City Administrator. Seconded by CM Dahl. Voice Roll Call: Voted in favor; Goede, Stockamp, Darkenwald, Moores and Dahl. Voted against; none. Motion carried 5-0. The cost would come out of contingency portion of the budget. There is $60,000 in the contingency. 5.3 Schedule Special Meeting(s) to Interview Advisory Commission Applicants. City Administrator/Finance Director Flaherty stated the Council needs to schedule a special meeting to interview applicants for the Advisory Commission openings. The current terms will expire on February 28, 2021. There are 13 individuals that have applied and some with multiple interests. The council will approve the appointments at the February 22nd meeting. After discussion the council agreed to meet on Thursday, February 11th at 5:30pm in the Prairie Center. Interviews will be every 15 minutes and the applicant can attend via Zoom or in-person at the Prairie Center. Staff will contact the applicants to schedule the interviews. CM Stockamp motioned to call for a special City Council meeting on February 11, 2021 at 5:30pm to be held at the Prairie Center for the purpose of interviewing Advisory Commission applicants every 15 minutes, Seconded by CM Goede. The Council discussed the interview process and number of members allowed on each commission including alternates. Council will have a set list of questions to ask each applicant. A back-up date can be called at the next meeting if need. Page 5 of 6 Voice Roll Call: Voted in favor; Goede, Stockamp, Darkenwald, Moores and Dahl. Voted against; none. Motion carried 5-0. 6. City Council Reports and Updates. 6.1 Commission Liaison Updates. A. Heritage Preservation Commission Liaison CM Moores. CM Moore met some very nice commission members. They are working on the website and have pdf books available. Connecting with schools to share history. A member is looking to collect artifacts and will be publishing an article in the Star News and maybe The View. B. Parks & Recreation Commission Liaison Mayor Stockamp. Meeting cancelled. C. Planning Commission Liaison CM Darkenwald. Meeting cancelled. D. Public Safety Commission Liaison CM Goede. CM Goede did not attend, but noted they discussed operating golf carts and ATV. 7. Staff Reports and Updates. City Administrator/Finance Director Flaherty recently received information that the City is going to experience 45 -60 -day delay on a part for the East WWTF Biosolids project. The part is held up in manufacturing. More information regarding the impact to City regarding the delay will follow. Planner Licht noted the next Planning Commission meeting will be on February 1'. They will continue their discussion regarding semi -parking. Mayor and council will be back on Saturday for their Onboarding Meeting at the Prairie Center. 8. Adjourn. CM Darkenwald motioned to adjourn. Seconded by CM Goede. Voice Roll Call: Voted in favor; Goede, Stockamp, Darkenwald, Moores and Dahl. Voted against; none. Motion carried 5-0. Adjourned at 9:03 PM. ayor Jessica Stockamp ATTEST. Audra Etzel, City Clerk Page 6 of 6