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Item 3.2.A. 2024.10.14 City Council MinutesPage 1 of 6 OTSEGO CITY COUNCIL MEETING MONDAY, OCTOBER 14, 2024 7:00 PM OTSEGO PRAIRIE CENTER Call to Order: Mayor Stockamp called the meeting to order at 7:00 PM. Roll Call: Mayor Jessica Stockamp and Councilmembers: Brittany Moores, Tina Goede, Jeff Dahl, and Ryan Dunlap. City Staff: City Administrator/Finance Director Adam Flaherty, Assistant City Administrator/Human Resources Sabrina Hille, City Planner Dan Licht, City Engineer Ron Wagner, City Attorney Dave Kendall, and City Clerk Audra Etzel. Pledge of Allegiance: Mayor Stockamp led in the Pledge of Allegiance. 1.Open Forum: Mayor Stockamp opened the Open Forum at 7:01 PM. No one from the public spoke. Mayor Stockamp closed the Open Forum at 7:01 PM. 2.Consider Agenda Approval: Mayor Stockamp asked to have item 3.4 be removed from the consent agenda for discussion adding item 6.1 to the agenda. CM Dunlap motioned to approve the agenda as amended, seconded by CM Dahl. All in favor. Motion carried 5-0. 3.Consent Agenda. 3.1 Approve Claims List. 3.2 Approve City Council Meeting Minutes. A.September 23, 2024, Meeting. B.September 30, 2024, Special Meeting. 3.3 Approve City Council Special Compensation for September 2024. 3.4 Adopt Resolution 2024-71 Approving the Assessment Roll for Delinquent Utility Bills. Moved to Item 6.1. 3.5 Approve an Agreement for Preconstruction Services – Cold Storage Facility. 3.6 Adopt Resolution 2024-72 Accepting Public Improvements – Due North. 3.7 Adopting Resolution 2024-73 Accepting Donations for Sponsorship of the Prairie Festival. 3.8 Approve Pay Application #26 for the West WWTF Improvements Phase 1 Project. 3.9 Approve Pay Application #1 and Change Order #1 for the 2024 Street Renewal Project. Item 3.2.A. MINUTES OF THE CITY OF OTSEGO REGULAR CITY COUNCIL MEETING OCTOBER 14, 2024 Page 2 of 6 3.10 Approve Pay Application #1 for the 2024 Street Maintenance Project. 3.11 Adopt Resolution 2024-74 Ordering Presentation of Phals and Specifications – Parrish Avenue Trail. 3.12 Adopt Resolution 224-75 Ordering Preparation of Plans and Specifications – 80th Street Trail. 3.13 Anna’s Acres – 2nd Addition: A. Approve a Final Plat B. Adopt Resolution 2024-76 Approving a Development Contract. CM Dunlap motioned to approve the consent agenda as amended, seconded by CM Moores. All in favor. Motion carried 5-0. 4. Public Hearings: 4.1 Assessment for 2024 Street Renewal Project. A. Presentation by City Engineer and City Administrator. B. Conduct Public Hearing C. Consider Resolution 2024-77 Adopting an Assessment City Engineer Wagner and City Administrator Flaherty reviewed the staff report and presentation. Mayor Stockamp opened the Public Hearing at 7:10 pm. Bryce Zabel, 8013 Needham Avenue NE, said damage was done to his driveway during the construction and he wants to know who will repair; additionally, he was frustrated by not being able to get to his home during construction. City Engineer Wagner was unaware of any access issues or with their driveway being used as a turn around. Mr. Zabel did give permission to the contractor to park off to the side, but they parked on his driveway blocking access. City Engineer Wagner said construction observers were on site and letters were sent homeowners regarding the project schedule, including contact information if there were issues. City Engineer Wagner will review the driveway issue with the homeowner. Candace Johnson, 8527 Ogren Avenue NE, had questions on the assessment. Ms. Johnson placed flags where the sprinkler heads were located and the sprinkler heads ended up being buried under soil, they have taken care of the problem. City Engineer Wagner said notice of the March public hearing was sent to all affected residents and included a meeting date for the residents to ask questions. Flaherty addressed the interest stating the calculation is from October 14, 2024 through 2025, the notice sent follows MN State Statute, if adopted the assessment will be included on your property tax statement, and if the property is sold any unpaid portion of the assessment is negotiated between the buyer and seller. Cory Thompson, 14851 89th Street NE, said his driveway was recently updated, following the completion of the project there a is lift of 6” and the driveway holds standing water; there are MINUTES OF THE CITY OF OTSEGO REGULAR CITY COUNCIL MEETING OCTOBER 14, 2024 Page 3 of 6 concerns with the ditch. City Engineer Wagner will review the driveway with the homeowner and he noted staff is putting out top soil to address the ditch issue. Mayor Stockamp closed the Public Hearing at 7:36 pm. Mayor Stockamp is disappointed to hear residents were denied access to and from their property, and she wants staff to follow-up with the driveway issues. CM Dunlap would like to review a few of the properties, property 8 is vacant and is wondering why it is being assessed. City Engineer Wagner said the other vacant lots are owned by the City and this vacant property does have a building entitlement and the other vacant lot is unable to have a septic system. CM Dunlap asked about property 47 on the list and 37 on map. City Planner Licht said that property is a lot of record and does benefit from the street being improved. CM Dahl motioned to adopt Resolution 2024-77 adopting an assessment, seconded by CM Goede. CM Dunlap does not feel the street renewal meets the benefit tests for an assessment and would rather fund the projects through the property tax levy. City Attorney Kendall said appraisers do find benefit for a road reconstruction project and a special assessment is not a property tax, but collected with a property tax. Voting in favor: Stockamp, Dahl, Goede, and Moores. Voting against: Dunlap. Motion carried 4-1. 4.2 Proposed Assessment Roll – Unpaid Special Charges. A. Presentation by City Planner. B. Conduct Public Hearing C. Consider Resolution 2024-78 Adopting Assessment Roll for Unpaid Special Charges. City Planner Licht reviewed the staff report and presentation. City Planner Licht is working with the property owner at PID 118-121-001100 and is recommending removal from the assessment roll. Mayor Stockamp opened the Public Hearing at 7:52 pm. No one from the public spoke. Mayor Stockamp closed the Public Hearing at 7:52 pm. CM Goede motioned to adopt Resolution 2024-78 adopting an assessment for unpaid special charges, seconded by CM Dahl. Mayor Stockamp directed staff remove PID 118-121-001100 as discussed. MINUTES OF THE CITY OF OTSEGO REGULAR CITY COUNCIL MEETING OCTOBER 14, 2024 Page 4 of 6 All in favor. Motion carried 5-0. 5. Planning: 5.1 Otsego Waterfront District. A. Presentation by City Planner. B. Consider a Request for Reconsideration of the Zoning and Subdivision Applications. City Planner Licht reviewed the staff report and presentation. Jesse Hartung with Modern Construction of Minnesota asked the Council to consider approval of the Otsego Waterfront District project with the conditions discussed by the City Council at the July 22, 2024, meeting when the application was denied. Mayor Stockamp asked about the approval process. City Planner Licht said the process will start over as a new application meeting the conditions previously discussed. City Council wants to make sure the conditions are met. Mr. Hartung said he will address the three conditions: height, parking and apartment size. City Planner Licht said the plans can be approved subject to the conditions. CM Dunlap asked about the height requirements in the City Code. City Planner Licht said the City can approve additional height by a Conditional Use Permit, which is an allowed exception. CM Dunlap doesn’t want the developer to go through the process to update the plans and not still be within the zoning compliance. The City Council would like to see the modifications to the plans meeting the requirements be part of the submitted materials. Mr. Hartung will prepare the new plans after the preliminary plat is approved by City Council. Mr. Hartung is concerned about investing the funds with CM Dunlap still not wanting to approve a CUP for height. Mr. Hartung noted the top floor of apartments would be removed and this project was previously approved. Mayor Stockamp stated the previous approval expired. CM Moores asked staff if other projects would move forward without having the drawings showing the conditions met. City Planner Licht said conditions and alteration are submitted with final plat, those issues can be resolved between the developer and staff. CM Dahl would like to have the plans. Mr. Hartung verbally withdrew his application and left the Council Chambers. City Planner Licht said the withdrawal notice was not in writing and staff will follow-up with the Mr. Hartung. CM Dunlap motioned to reject allowing reconsideration of the zoning and subdivision applications by Modern Construction of Minnesota, Inc. for Otsego Waterfront District based on the determination that the circumstances surrounding the previous applicat ion have not changed significantly, seconded by CM Dahl. MINUTES OF THE CITY OF OTSEGO REGULAR CITY COUNCIL MEETING OCTOBER 14, 2024 Page 5 of 6 Mayor Stockamp asked what options the developer has to move forward with the project. City Attorney Kendall said the applicant could resubmit with substantial changes or drawings with the previously required conditions. All in favor. Motion carried 5-0. 6. City Council Reports and Updates: 6.1 Adopt Resolution 2024-71 Approving the Assessment Roll for Delinquent Utility Bills. Mayor Stockamp noticed there are two proposed assessments for the same address. Flaherty said if there is a bankruptcy the City is required to create a new account. Mayor Stockamp motioned to adopt Resolution 2024-71 adopting an assessment for delinquent utility bills, seconded by CM Goede. All in favor. Motion carried 5-0. CM Moores said the Pumpkin Patch had a great turn out. Mayor Stockamp said a resident brought three tractors for Pumpkin Patch and commented that staff did a great job. 7. Staff Reports and Updates: 7.1 Consider Scheduling a Special Meeting for Review of Utility Fund Budgets. Mayor Stockamp motioned to call for a Special Meeting on October 28, 2024 at 5:30, seconded by CM Moores. All in favor. Motion carried 5-0. CM Goede will not be able to attend the October 28th meetings. City Clerk Etzel said direct balloting starts this Friday and photo contest winners will be at the October 28th meeting. City Engineer Wagner provided project updates. There will be a temporary road closure at 75th Street NE. Deputy Bilitz, Wright County Sheriff’s Office said there have been two reported issues of campaign signs being taken and there have been some property vandalism during the homecoming season. MINUTES OF THE CITY OF OTSEGO REGULAR CITY COUNCIL MEETING OCTOBER 14, 2024 Page 6 of 6 8. Adjourn. CM Goede motioned to adjourn at 8:26 PM, seconded by CM Dahl. All in favor. Motion carried 5-0. Minutes prepared by City Clerk, Audra Etzel. City of Otsego: _________________________________ Jessica Stockamp, Mayor ATTEST: ___________________________ Audra Etzel, City Clerk