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02-22-21 City Council MinutesOTSEGO CITY COUNCIL MEETING OTSEGO PRAIRIE CENTER MONDAY, FEBRUARY 22, 2021 7:00 PM Call to Order. Mayor Stockamp called the meeting to order at 7:02 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's Ron Wagner and Brent Larson; and City Clerk Audra Etzel. This meeting is preceding 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, 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 7:03 PM. Mark Dickinson, Fire Chief for Elk River Fire Department. Fire Chief Dickinson welcomed the new council members and introduced himself. He stated the 2020 Annual Report was presented to the Public Safety Commission last week. 2020 started out with the Becker fire in February, there were rumors of a possible virus affecting Asia and Europe, and not long after COVID-19 was in the USA. COVID year, busy year! 2020 had 508 emergency calls broke down by incidents. They do not respond to a lot of medicals, due to ambulance service; beneficial for fire department to not have to respond to medicals. There were three fatalities due to fires. Otsego had 92 emergency responses: 23 fire (structural, vehicle, wild land, mutual aid and others), 19 alarms, 12 hazardous materials, 11 vehicle accidents, 15 false alarms and 12 medicals. Incidents were further broke down by days of the week and time of days. They have been very busy this year, already exceeding numbers. Currently they are remodeling their facilities, should be done at the end of summer. Building a third station, should take a year to build. CM Moores — thanked Fire Chief Dickinson and their staff. CM Darkenwald asked a question regarding the new facility breaking ground. Fire Chief Dickinson stated the planning started before he became chief, a lot of work goes into the process, pushed to get done before the 169 projects. Station 3 cost projected to be $5.8 million, $6.5 with increases (5% cost increases). The City of Otsego should see not change in services during construction. The services will be enhanced with the addition of the third station. Page 1 of 7 Mayor Stockamp asked about the map used for boundaries, do you feel this is still good? Fire Chief Dickinson seemed to think it was working well for a highly populated area with businesses and residential. They are able to provide a fast response; there is less delay in dispatching with staring all three departments on the call. Fire Chief Dickinson noted they lost two administrators, took time to reorganize and hired three positions: Assistant Fire Chief and Two Deputy Chiefs. The department now has four full-time fire fighters including the chief; this allows 2-3 responders to leave right away. The SUV is also able to be used if needed. CM Goede asked if they would need to purchase new equipment. Fire Chief Dickinson said a new engine and tender truck would need to be purchased, and they would move some other equipment around between stations. Fire Chief Dickinson thanked the Council. Mark Daleiden, Wright County Commissioner for District 3. Commissioner Daleiden said he had some updates tonight and would like to attend a future meeting and provide an update on the Wright County EDA. The County will not be moving into their new facility until Jan 2022; about 3 months behind schedule. Congratulated the new Council members. Been on Wright County Commission for eight years and has two years left on his term, will not be reapplying. Highway 42 and the school are having a backlog from the school parking lot. Working with the school, Wright County and staff. Highway 42 was expanded to give turn lanes. Wright County was out and put flashing notice for speed. Safety concern when dropping off their children at school. District wide this issue is happening, also county wide. They are encouraging students to walk to have fewer vehicles. City Administrator/Finance Director Flaherty is meeting with the school principal to discuss all the options: stacking, release times, etc. Wright County deputies have made a presence, not all drivers are following the rules. The County is willing to assist, staying in contact. Co Road 39 construction this summer. County has a five-year plan for road construction, including Co Rd 19 & Ro Road 39 - working on grant programs for funding. Looking forward to the 2020 census results. There is a video tour of the Sheriff's training facility is available on the County's website. Need to talk to Sheriff's office if you would like an actual tour. The Justice Center is now open next to the sheriff's office; a video tour should be out in about two weeks. CMRP — Central Minnesota Regional Planning consist of: Wright and Sherburne Counties, Monticello, Monticello Township, Clear Water Township, Silver Creek, Big Lake, Big Lake Township, Becker and Becker Township. Looking at planning another crossing of the Mississippi. Council thanked Commissioner Daleiden for the update. Attorney Kendall noted open forum is for items not on the agenda. Planning Commission has already held the public hearing and the materials are available for council to consider. No new items can be added that were not part of the public hearing decision. Page 2 of 7 Stewart Turnquist, 11020 95th Street NE. Mr. Turnquist still supports the NorthStar Regional program and said the letter from NorthStar's Jason Vanderscoff regarding the program is inspiring. Mr. Turnquist said he is speaking about his property that he has been working on for 20 years. Mr. Turnquist said that on a farm you can look and see dilapidated buildings, but the functions are far different than a business area. Mr. Turnquist explained that he has goats, goat yard, straw sheds, baskets and wood, picnic area. Mr. Turnquist explained the history of the property with the dirt road parallel to the Big Woods. Mr. Turnquist said he will be inviting everyone to take the tour. Mayor Stockamp closed the Open Forum at 7:50 PM 2. Consider Agenda Approval. Planner Licht noted he updated the Findings of Facts for Item 4.1 Mayor Stockamp Added 5.2 residential speed limits to the agenda. CM Darkenwald motioned to approve 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. 3. Consent Agenda. 3.1 Approve Claims List. 3.2 Approve City Council Meeting Minutes. A. February 8, 2021 Meeting. B. February 8, 2021 Special Meeting. C. February 11 2021 Special Meeting. 3.3 Motion to Call for Special City Council Meetings on March 8th March 22nd and March 29th 3.4 Adopt Resolution 2021-09 Supporting Establishment of Statutory Impact Fee Authority. 3.5 Admit Ordinance 2021-05 Amending the GIN Code Regarding Lawful Gambling Exemptions 3.6 Admit Ordinance 2021-06 Amending the City Code Regarding_Alcoholic Beverage Licenses 3.7 Approve an LG220 Application for Rogers High School Graduation Night Supporter, Inc. 3.8 Adopt Resolution 2021-10 Appointing Commissioners to Advisory. Commissions. 3.9 Accept the 2021 Wellhead Protection Plan Annual Report. 3.10 Approve Pay Application #10 for the East WWTF Biosolids Project. 3.11 Adopt Resolution 2021-11• Closure of Fund 209 -Collector Streets Reconstruction. CM Darkenwald motioned to approve the consent agenda 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. 4. Planning. 4.1 NorthStar Regional: A Presentation by City Planner Licht. B Consider Approval of Amendment to Planned Unit Development. City Planner Licht presented the staff report. The applicant Dr. Hal Baumchen of Little Tree Properties as well as CEO Jason Vanderscoff of NorthStar Regional were present via video conference. CM Darkenwald asked for an explanation in the changes to the program capacity from what was approved in April 2020 to the current proposal. Dr. Baumchen said 64 patients would be in the Courtyard building (62 currently) and 83 in the Bluff House. Dr. Baumchen described that Courtyard clients stay for up to 30 days and then move to another facility, are discharged to their home, or have Page 3 of 7 the option to be transferred to the Bluff House. Dr. Baumchen said up to 83 clients stay 60-90 days at the Bluff House with access to transportation and opportunity to work part time. Dr. Baumchen said the proposal is that 14 clients may stay in the East Side House for 3-7 days for assessment, orientation, and medical treatment. After the evaluation they may be moved immediately to one of the other houses and not need to stay in the East Side House. CM Darkenwald asked where the initial intake process for the treatment program was supposed to take place. Dr. Baumchen stated an office was in each of the building, but it became more complicated to rehab the buildings and make it work. Dr. Baumchen said that with COVID-19, they wanted to separate the patients further if possible, so they want to repurpose the East Side House for the intake process. CM Darkenwald had attended all the past meetings when the program was discussed and the understanding of the four buildings was the East Side House was supposed to be a shed/storage. Why not use or extend a current building instead of using the building that is closest to the property line? Dr. Baumchen noted with COVID-19 and making the best use of the buildings on site, the East Side House seemed like a great fit for what they were trying to accomplish. They are doing all they can with the fencing and frosted windows. CM Darkenwald asked about construction being started before the use was approved. CM Darkenwald noted that on November 23, 2020, Mr. Turnquist came to open forum and informed City Council of the change in use of the building in question and this was not in the original Planned Unit Development amendment approved by Council. City Planner Licht noted that the Building Department was directed not to issue until zoning approval was confirmed, but that the building permit was issued in error. CM Dahl asked if the current application is approved, what is the deadline to complete the fence and windows covered? CM Dahl also noted that the sign in front of property needs to be updated. Dr. Baumchen does not have a completion date of the project, but all items will be completed before clients are in the building. City Planner Licht noted that the City Council can stipulate privacy conditions are installed prior to occupancy. Mayor Stockamp asked if the gate for the privacy fence surrounding the patio had an alarm. Planner Licht explained that only exterior doors are the main vestibule, the two doors to the south that are to have an alarm system, and the north door to an enclosed patio with a locked gate. Mr. Vanderscoff added residents are escorted out to the patio and when outside of the building. CM Goede asked what are you doing aesthetically to the outside of the building? Mr. Vanderscoff said the building will look much better than pre -construction as it will be repainted. Mr. Vanderscoff noted they have received a design for the rock sign out front and waiting for bids for the other signs. Mayor Stockamp noted that since this error with the issuance of a building permit, an internal process has been established. City Planner Licht confirmed that the building permit was issued in error and that the City Administrator, City Planner, and Building Department have all met to discuss process for approval of building permits for anything other than single family dwellings. CM Moores asked if not approved, where would the patients go to detox? Mr. Vanderscoff said that NorthStar does not have another facility in their system and would need to refer to another facility. Mr. Vanderscoff said that with the intake process, NorthStar is trying to reduce trips to hospitals. Mr. Vanderscoff said that initially they would have used the Courtyard building, but The Courtyard and Bluff house were inadequate to provide care and separation. Dr. Baumchen noted they spent a lot of time reviewing the East Side House and the ability to facilitate the whole process of onboarding, screening, orientating to treatment, and evaluation into a program. Dr. Baumchen said that the East Side House Page 4 of 7 building is 4,200 square feet and offered better patient flow and function of what they are trying to accomplish. Mr. Vanderscoff addressed unstable patient concerns with the Chief Medical Officer and nursing supervisor determining the best possible course of action in that situation. Mr. Vanderscoff said that the intent of the East Side House intake is that if the patient is stable and able to be handled medically, there is medication on site in a locked medical room handled by an RN. Depending on the patient's situation, staff may need to call 911 or their staff would transport to a hospital. CM Darkenwald noted the warranty deed for the property was recorded in June 2020 and the PUD amendment was approved in April 13, 2020. CM Darkenwald asked before this, were you going to have any detox occupancy rooms? Mr. Vanderscoff said they did not plan to have detox rooms as they were only working with licensed practical nurses at that time. CM Darkenwald asked if NorthStar started putting together plans earlier for the original request, why did they not come back to the City first? CM Darkenwald said that NorthStar originally sent out letters to residents stating you were only going to use three building and the East Side House was, presented as a shop or storage building And that Mr. Turnquist has issues with the proposed use. CM Darkenwald said he would have liked to have this come back to the City to work out adding onto one of the other buildings or finding another location to put a new building to help satisfy a need that we were not aware of prior to April 13, 2020. Mr. Vanderscoff said they started talking in late June/early July, after COVID-19 became and in mid- March and they had the meeting with the Planning Commission followed by City Council. Mr. Vanderscoff said NorthStar discussed how to make Otsego safer and keep the community, patients, and staff safe from COVID-19 and those discussions lasted several months. Dr. Baumchen said he applied for and received a permit to proceed and they did not realize they need a PUD amendment until the stop work order was issued, and here we are. Dr. Baumchen and Mr. Vanderscoff explained a 1115 Waiver and that NorthStar Regional is the first recipient of the waiver project. Dr. Baumchen and Mr. Vanderscoff described how NorthStar believed they needed more space to perform what they needed as part of the waiver program than is available in the other buildings. CM Moore noted the East Side House is further back onto the property and asked if parking space is being added and is there enough room for emergency vehicles? Dr. Baumchen said it was designed by architects for fire trucks to get in and out. CM Darkenwald asked if this property has a future spot for a two-story building of similar size to house up to 14 people based on the idea that an intake building be located in the front, not the rear of the property. Planner Licht stated that based on the size of the property he assumes yes and noted that previous concepts have shown a more intense redevelopment of the site. CM Darkenwald said he would like to have been included in the discussion of the change in use for the East Side House building and expansion once the 1115 Waiver was introduced as he feels there is a better spot within the property for the intake process. Dr. Baumchen said they are trying to minimize any inconvenience to the neighborhood by adding the eight foot privacy fence, and an eight foot privacy fence around the patio with no exit or entrance without staff monitoring or escorting, cameras around the building, and frosted windows on the second story. Dr. Baumchen said all activity will be contained within the building and there would be no disruptions to the activity of the neighbor. Page 5 of 7 CM Moores asked about the original PUD, the East Side House was to be used for maintenance — now where will they store items, will something need to be built? Dr. Baumchen said they applied for and were issued a building permit to construct a 30x40 building near the East Side House. City Planner Licht noted this building is just north of the East Side house and that because it did not expand the care capacity of the residential program, a PUD amendment was not required. Mayor Stockamp looked up the 1115 Waiver that legislation established in 2020, which offers direct payments and additional funding for the program. Mr. Vanderscoff said this is correct and goes across all their programs, will require additional staffing. CM Goede asked why the East Side Building wasn't involved originally for client use and now, because of COVID-19, NorthStar wants to use for patients? Mr. Vanderscoff stated COVID-19 is what triggered the discussion of how to separate and quarantine. Mr. Vanderscoff said they discussed amongst their group if they could offer this treatment in the fourth building and Dr. Baumchen applied for the building permit. Mayor Stockamp asked if a separate building was required to receive the 1115 Waiver. Mr. Vanderscoff said no. Mayor Stockamp questioned the increase in the number of residential clients. Mr. Vanderscoff stated that the maximum capacity of the program is approved through the Minnesota Dept of Health. Mr. Vanderscoff also explained that the property will have two separate licenses: A Board and Lodging License Bluff House and Supervised Living Facility License would be for the Courtyard House and East Side House. CM Darkenwald noted City staff only provided a possible motion to approve subjected to conditions outlined as part of the Request for Council Action and what if City Council wished to make another motion? City Planner Licht noted the Planning Commission recommend approval, which is reflected in the RCA. City Planner Licht said that if a Councilmember wanted to make a motion to deny the application, there must be written findings. City Planner Licht said that the best course in that situation would be to table the application and direct City staff to prepare findings for denial or table to send back to the Planning Commission. City Planner Licht noted that approval of the application requires a 4/5 vote of the City Council. CM Darkenwald motioned to table the PUD Development Stage Plan amendment application for Little Tree Properties LLC and NorthStar Regional Riverwood Campus and direct City staff to prepare findings of fact for denial of the request for their meeting on March 8, 2021. Seconded by CM Goede. Voice Roll Call: Voted in favor; Goede, Stockamp, Moores, Dahl, and Darkenwald. Motion carried 5-0. Attorney Kendall suggested the Councilmembers provide City staff with direction as to the reasons why the application should be denied and how they believe this application does not comply with the spirit of the zoning ordinance. CM Darkenwald noted that the proposal raises concerns regarding the closeness to the neighboring property, the approved PUD amendment outlined use of only three buildings on the property for the patients not including the East Side House, and had the applicant come to the City first, they would have been directed to look at other options with in the property for expansion. The other Councilmembers agreed with CM Darkenwald. Page 6 of 7 S. City Council Reports and Updates. 5.1 Commission Liaison Updates: Heritage Preservation Commission — CM Moores, not much going on. Park & Recreation Commission - Mayor Stockamp and CM Moores both attended: Easter event, grants for signage discussed at Administrative Subcommittee, and guide will go out in Otsego view. Everything is Egg-tastic! Planning Commission — CM Darkenwald was at the February 16th meeting where they reviewed applications from NorthStar and Kitteridge villas. Public Safety Commission — CM Goede noted that Elk River Fire Chief gave an update: New staff added to their team, station #3 starting this spring, space heaters — people are getting creative, four full-time responders during the day. Also included regular updates, Wright County Sheriffs were not available, ambulance updates, and ATV/golf carts. It was the chairs last meeting, thanked Bill for his service. Staff was directed to send thank you notes to commission members not returning. 5.2 Residential Speed Limits. Mayor Stockamp stated residential speed limits were discussed at Public Works Subcommittee, would like to discuss at a future meeting. City Administrator/Finance Director Flaherty to add the topic to a future special meeting agenda, all Councilmembers agreed. 6. Staff Reports and Updates. City Administrator/Finance Director Flaherty: I94 State of the Cities will be via video, broke down regionally by community. There were 13 applicants for the part-time Finance Assistant position, working on scheduling interviews next week. As of today 25 applications have been received for the the Human Resource/Assistant Administrator position; open until March 4th City Clerk Etzel: ordering business cards for council if needed. Attorney Kendall has been reviewing contracts. Nice to be in person, glad to see everyone. Engineer Wagner: Water Tower 4 bid openings is March 2nd and present to CC on March 8th, there are four interested contractors. Planner Licht: development is booming, handful of plats: Arbor Creek, Boulder Pass, and Kitteridge Crossing. On March 1St — Planning Commission has an application to subdivide one lot. 7. Adjourn. CM Darkenwald motioned to adjourn at 9:10 PM, seconded by CM Goede. Voice Roll Call: Voted in favor; Goede, Stockamp, Darkenwald, Moores and Dahl. Voted against; none. Motion carried 5-0. ATTEST:` Audra Etzel, City Clerk .v Page 7 of 7 M or Jessica Stockamp