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ITEM 3.2A 4.11.2016 MinutesITEM 3.2A OTSEGO CITY COUNCIL MEETING OTSEGO PRAIRIE CENTER APRIL 11, 2016 7:00 PM Call to Order. Mayor Stockamp called the meeting to order at 7:00 PM. Roll Call: Mayor Jessica Stockamp; Councilmembers: Vern Heidner, Doug Schroeder and Jason Warehime. Councilmember Tom Darkenwald arrived at 7:05 PM. Staff: Lori Johnson, City Administrator; Ron Wagner, City Engineer; Andy MacArthur, City Attorney; Adam Flaherty, Finance Director and Tami Loff, City Clerk. Pledge of Allegiance: Mayor Stockamp led in the Pledge of Allegiance. 1. Open Forum. Nan Martin, 16861 57th Street NE, asked the City Council to vote against the variance proposal on Item 4.1. City Administrator Johnson clarified for those in attendance that open forum is for items not on the agenda. Rich Martin, 16861 57th Street NE, stated his concern with the Planning Commission process. Pat Hilden, 7094 Odell Avenue NE, Otsego River Riders Snowmobile President, gave a final season update. The City Council thanked the club for their service. 2. Consider agenda approval. CM Heidner requested to move Item 3.1 Claims List to Item 6.1 for discussion. City Administrator Johnson requested to add Item 5.2 70th Street/CSAH 37 Improvement Extra Work Order #4. CM Heidner motioned to approve as amended. Seconded by CM Schroeder. All in favor. Motion carried. 3. Consent Agenda. (Non -controversial items). 3.1 Approve Claims List.- REMOVED 3.2 Approve City Council Meeting Minutes. A. March 28, 2016. B. March 28, 2016 Special Meeting_ 3.3 Approve City Council Special Pay for March. 3.4 Appoint Acting City Administrator. 3.5 Approve Affordable Sanitation Agreement. 3.6 Approve Trail Maintenance quote. 3.7 Approve Resolution 2016-39 letter of support Regional trail. 3.8 Pay Estimates/Requests: A. Gridor Construction Inc. Pay Request #1 for the West WWTF Digester Expansion project. 3.9 Accept Certificates of Commendation for outstanding operation, maintenance & management of the City's Wastewater Treatment Facilities. 3.10 Renew storage Agreement with Snowmobile Club. 11Page 4/11/16 ITEM 3.2A 3 11 Approve SCADA programming contract with AE2S for the E-8 School Interim Lift Station and modification of this item within the E-8 School Interim Lift Station Specification CM Heidner motioned to approve as amended. Seconded by CM Schroeder. All in favor. Motion carried. 4. Community Development: 4.1 Schulz: A Variance from front yard setback requirements. CM Heidner said he would like some advice from the City Attorney regarding this item; he said it appears some residents of the Autumn Woods Development feel because he spoke with the applicants while they were seated in the audience at the Planning Commission meeting that he is biased. He explained that his wife worked at the same company as Dawn Schultz in the early 1980's. He further stated his company later purchased items product from the Schultz company paying list price. He said 1996 was his last contact with them until the recent Planning Commission meeting. He also said that Autumn Woods has been part of Otsego since the late 1990's via annexation, and he was on the City Council when that action was taken; he further stated each time he was up for re-election he went through that neighborhood and talked with the residents so he recognizes some of them from that. He asked the City Attorney if either of these actions prevent him from being part of the action tonight. City Attorney MacArthur said that from what CM Heidner stated and what he has talked to me about on the phone today, he doesn't see any conflict of interest. He said if we took the conflict of interest with any conversation with a person then anyone of the City Council members would not be able to vote. He said technically a conflict of interest would be if it benefits you financially. City Planner Licht presented the staff report. City Attorney MacArthur said the City Council should make their decision based on information presented to the Planning Commission. CM Darkenwald asked for clarification on the setback. City Planner Licht said the Planning Commission is recommending a 25 foot setback. Mayor Stockamp asked the City Planner whether he stated that the 25 feet is allowed in other zoning districts. City Planner Licht said yes it is allowed in the R-5 Zoning district, which is urban area sewer and water lots, but not directly this zoning. CM Schroeder asked if the adjacent neighborhood is R-5. City Planner Licht said yes. CM Darkenwald motioned approve a variance to allow a 25 foot front yard setback for Lot 16, Block 2, Autumn Woods subject to the Findings and Decision dated April 7, 2016. Seconded by CM Schroeder. All in favor. Motion carried. 5. Administration: 5 1 Consider Modification to the Tax Increment Financing Plan for the TIF District 1 — Great River Centre: A. Public Hearing. B. Adopt Resolution 2016-40 Adopting a Modification to the Tax Increment Financing Plan for Tax Increment Financing District No. 1-Great River Centre. City Administrator Johnson presented. Mayor Stockamp opened the Public Hearing at 7:31 PM. Hearing no comments the Mayor closed the Public Hearing at 7:31 PM. CM Heidner asked if the building changes affect the amount of TIF payment. City Administrator Johnson said the applicant is looking at changes that do not affect the square footage but are cost reduction items. She stated the TIF note is pay as you go thus the amount paid will depend upon the taxes paid and that P & F Machining will need to 2 1 P a g e 4/11/16 ITEM 3.2A provide documentation of eligible expenses for the reimbursement. She further stated that the completion date may be delayed slightly. CM Heidner motioned to approve Resolution 2016-40 a Resolution adopting a modification to the Tax Increment Financing Plan for the Tax Increment Financing District No. 1- Great River Centre. Seconded by CM Warehime. All in favor. Motion carried. 5.2 70th Street/CSAH 37 Improvement work order #4. City Engineer Wagner presented the staff report. He distributed additional photos to reference this item. He stated a storm pond was constructed on the Valerius property between two existing wetlands; one wetland is un-farmable and the other is seasonal and has drain tile under and near that makes it farmable on average dry years. The property owner is requesting action to lower the elevation due to water in the drain tile. City Staff has received a quote to determine what might be the cause. CM Heidner asked what the cost would be to put in a new drain tile. City Engineer Wagner said around $10 a foot to put in a 10 inch black plastic drain tile. City Administrator Johnson reminded the Council that this is a currently a private system and that construction easements need to be secured and other legal and funding issues addressed. Mary Valerius, 13701 70th Street NE, property owner was present for the discussion. He said the water could affect up to 5-10 acres and further stated he was told by a Fehn employee during construction that he didn't recommend allowing it to be attached to his system. He further questioned why the City would be liable for the cost went it be state. City Administrator Johnson explained the project was paid by Federal and State Aid and that State Aid is city money. City Engineer Wagner said it is a still a City project that was funded by the aid. The City Council directed City staff to bring back this item on April 25, 2016 with recommendation to explore replacing pipe and agreement written by City Attorney for temporary easement. 6 City Council Reports and Updates. 6.1 Claims List. CM Heidner said at the last City Council meeting the City Council made a motion to approve the membership and contribution to the I94 Corridor Coalition in the amount of $6250 which was a typo and should have read $7,523.50. In this claims list is the payment so he wanted to motion to amend to the correct amount. CM Heidner motioned to modify the I94 Corridor Coalition payment motion from the previous meeting from $6250 to $7,523.50. Seconded by CM Darkenwald. All in favor. Motion carried. CM Heidner asked the status on the Rogers Post Office letter discussed at the last Planning Commission meeting. City Planner Licht said that the Post Office has been contacted and a letter will be sent. Mayor Stockamp said she would be interested in scheduling a work session to review the joint fire services memo. The City Council concurred. Mayor Stockamp called a Workshop on Fire Joint Powers on April 25, 2016 directly following the regular scheduled meeting at Prairie Center. Seconded by CM Heidner. All in favor. Motion carried. 7. Staff Reports and Updates- 3 1 P a g e 4/11/16 ITEM 3.2A 8. Adiourn. CM Darkenwald motioned to adjourn. Seconded by CM Warehime. All in favor. Motion carried. Adjourned at 8:24 PM. Mayor Jessica Stockamp ATTEST: Tami Loff, City Clerk 4/11/16 4 1 P a g e