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06-13-16 City Council MinutesOTSEGO CITY COUNCIL MEETING OTSEGO PRAIRIE CENTER JUNE 13, 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, Jason Warehime, Doug Schroeder and Tom Darkenwald. Staff: Lori Johnson, City Administrator; Ron Wagner, City Engineer; Daniel Licht, City Planner; 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. Representative Eric Lucero gave a legislative update. Joel Kolles, 8925 Mason Avenue NE, said he was here regarding Mason Avenue; residents on Mason are concerned with the road's poor condition. He feels it is not built to standards. He commented on the road being used for nearby construction hauling; he feels that MacIver Avenue should be the designated main haul route. He also stated concern with Otsego Creek and making sure the drain is cleaned out. City Engineer Wagner explained that 80th Street is under construction right now and once that project is complete MacIver Avenue will be the haul route. He further explained the future expansion of 85th Street that is addressed in the Capital Improvement Plan (CIP). City Administrator Johnson said that CIP discussion will be coming up with the budget discussions and that the City will be looking at all the roads. She said the City will do some additional research on Mason and report back to the City Council. 2. Consider agenda approval. City Administrator Johnson requested to add Item 7.5 Call a Special City Council meeting on June 27, 2016 at 6 PM for the WCAT Joint Powers Agreement and remove Item 6.2 for additional research. 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. 3.2 Approve City Council Meeting Minutes. A. May 23, 2016 Meeting. 3.3 Approve City Council Special Pay for May. 3.4 Approve 2016 Liquor License Renewal for Holiday Inn. 3.5 Adopt Capital Asset Policy. 3.6 Received Commission Meeting Minutes. A. May 2, 2016 Planning Commission. B. May 16, 2016 Planning Commission. 3.7 Approve purchase of Northwood Park Playground Structure and Turf. 3.8 Adopt Resolution 2016-55 appointing additional Election Judges. 3.9 Pay Estimates/Requests. A. Pay Request #3 West WWTF Digester Expansion Project. B. Pay Request #1 for Northwood Park Project to G.L. Contracting, Inc. 1jPage 6/13/16 C. Pay Estimate #1 for 80th Street Project. 3.10 Approve West WWTF Digester Improvement Project Engineering Contract Amendment. CM Heidner motioned to approve as written. Seconded by CM Schroeder. All in favor. Motion carried. 4. Community Development: 4.1 Windsong II: A. PUD Development Stage Plan and Preliminary Plat of 51 detached townhome dwellings. City Planner Licht presented the staff report. Applicant, Charles Alcon, 6135 76th Lane, Greenfield, stated he agrees with the staff report as presented. CM Heidner motioned to approve a PUD Development Stage plan and Preliminary Plat for Windsong II subject to the conditions outlined in the findings of fact and decision dated June 7, 2016. Seconded by CM Darkenwald. All in favor. Motion carried. 4.2 Boondox Special Event Permit. City Planner Licht presented the staff report outlining the Boondox special event permit application. CM Heidner asked if there were any additional issues with noise from Boondox last year. City Planner Licht said no, not that he is aware of. CM Warehime stated last year there were complaints for an event like this at Boondox; he said if they continue to do these events, they need to be respectful of the nearby residents. CM Schroeder stated he was aware of noise far from the event location. There was discussion on the 350 feet mailing notification requirement and if that is far enough for the surrounding residents to be notified. There was further discussion on expanding the requirement for this event to 1000 feet or 2500 feet. Mayor Stockamp questioned security; currently Boondox handles their own security for their event. She asked if they have contacted Wright County Sheriff for additional security. City Planner Licht said last year Wright County Sheriff didn't think it was necessary. There was further discussion on making sure Wright County Sheriff is notified of the special event and that the Sheriff's department has the ability to request Boondox to lower the volume if it is excessive. Applicant, Dawn Grover, Boondox Bar & Grill, clarified the date will be Friday, July 29, 2016, not June 29 as they stated in the application. Ms. Grover also asked if other facilities will be required to send notices 2500 feet for an event. She further asked if the City has considered a decimal level study. CM Darkenwald motioned to approve a special event permit for Boondox Bar and Grille on July 29, 2016 with notification change to 1000 feet and adding Item 5 shall have documents to the city 10 business days prior. CM Heidner seconded. Failed motion 1-4. CM Darkenwald in favor. Mayor Stockamp, CM Heidner, CM Warehime and CM Schroeder opposed. CM Schroeder motioned to approve a special event permit for Boondox Bar and Grille on July 29, 2016 with notification change to 2500 feet and adding Item 5 shall have documents to the city 10 business days prior. Seconded by CM Warehime. Motion passed 4-1 passed. CM Darkenwald opposed. The City Council directed the City Planner to review the ordinance for requirements for event notification. 2'Page 6/13/16 5. Public Hearing: 5.1 Duke/Blu Dot Vacation of existing drainage and utility easement: A. City Clerk attests to legal notice. B. Comments by City Planner. C. Mayor open Hearing for Public Comments. D. Close Public Hearing. E. Consider Resolution 2016-56. City Clerk Loff attested that all the proper legal noticing was completed. City Planner Licht presented the staff report. Mayor Stockamp opened the Public Hearing at 8:05 PM. Hearing no public comments. Mayor Stockamp closed the Public Hearing at 8:05 PM. CM Warehime motioned to adopt Resolution 2016-56 vacating an existing drainage and utility easement within Lot 2, Block 1, Gateway North 4th Addition. Seconded by Mayor Stockamp. All in favor. Motion carried. 6. Public Works: 6.1 Award Quaday Avenue Project. City Engineer Wagner presented the staff report. CM Heidner asked if the low bid will mean a savings for the city. City Administrator Johnson said yes and further explained that when the project is complete and the savings identified, this item will be brought back to the City Council for reconsideration of the assessments. CM Warehime asked if this road will have a dead end. City Engineer Wagner said it will have a temporary cul-de-sac. CM Schroeder motioned to approve Resolution 2016-57 accepting bid and awarding contract for City Project No. 16-02, Quaday Avenue NE Improvement to Douglas Kerr Underground, Inc. for the base bid in the amount of $426,253.34. Seconded by CM Warehime. All in favor. Motion carried. 6.2 70th to Pond. REMOVED 7. Administration: 7.1 Consider Guardian Angels LOC Request. City Attorney MacArthur reviewed the request from Guardian Angels Senior Services and 521 Land Company, LLC. The applicant project manager Ron Touchette, Rock Solid Companies, LLC, was present. The current agreement calls for reduction of the GCI Letter of Credit (LOC) upon sale of the individual lots within the plat. The applicant is requesting the City waive the replacement of the LOC for reasons stated in the staff report. CM Heidner stated his concern with making sure the property taxes are paid on these parcels. Staff clarified that it is only skilled nursing facilities that are exempt from property tax. Mr. Touchette said this is in early planning so he is not sure exactly what kind of facilities would be built, but he thought these buildings would pay taxes because no skilled nursing facilities are planned at this time. City Attorney MacArthur explained the agreement would not affect the unpaid property assessments. Finance Director Flaherty said a rough estimate of assessments owned on the two parcels is $464,000. City Administrator Johnson said other city projects have held security in joint CDs and asked the applicant if this is something they could do. Mr. Touchette said there wouldn't be the opportunity to do that. He explained it is a risk to them too in buying the properly that they can't build on at this time. Applicant Representative Kris Neff, 11189 77th Street, Otsego, explained the time constraints with the properly closing on Wednesday. After further discussion, the City Council concurred with adding additional wording to the agreement addressing a default in payment. 6/13/16 31 Page CM Warehime motioned to approve Resolution 2016-58 with condition number four as follows: 4. If there is a default in scheduled payment of property taxes and special assessments for the property, the City shall not be obligated to make incentive payments pursuant to the agreement with GCI Capital, Inc. recorded with Wright County as Document 1178736. Seconded by CM Schroeder. All in favor. Motion carried. 7.2 Approve Otsego Dayton Emergency Water Service Study Agreement. This is a follow up from the May 23 City Council meeting. City Administrator Johnson presented the staff report and draft agreement. CM Schroeder motioned to approve Agreement between City of Otsego and the City of Dayton regarding costs related to the study and evaluation of construction and delivery of emergency water service. Seconded by CM Warehime. All in favor. Motion carried. 7.3 Audit Results. A. Consider 2016-59 adopting the 2015 Comprehensive Annual Financial Report. B. Approve transfer of funds. Finance Director Flaherty presented. City Administrator Johnson thanked the Finance Director Flaherty and Accountant Jeff Cleveland for their work on this. The City Council concurred. CM Heidner motioned to approve Resolution 2016-59 adopting the comprehensive annual financial report for the year ending December 31, 2015. Seconded by CM Schroeder. All in favor. Motion carried. CM Heidner motioned to approve the transfer of $460,212 from the General Fund to the Capital Equipment Revolving Fund to be reported in the 2016 financial statements. Seconded by CM Darkenwald. All in favor. Motion carried. 7.4 Worker's Compensation Coverage Renewal. Finance Director Flaherty presented the staff report. CM Warehime motioned to authorize the Finance Director to accept the coverage offered from LMCIT with the regular premium option for 2016-2017 coverage period., Seconded by CM Heidner. All in favor. Motion carried. 7.5 Call A Special City Council Meeting June 27, 2016. Mayor motioned to call a Special City Council meeting on June 27, 2016 at 6:00 PM at Prairie Center for WCAT Joint Powers Agreement Discussion and call a Special City Council meeting at 6:45 PM on June 27, 2016 to interview advisory commission applicant (rescheduled from 6:30 PM). Seconded by CM Warehime. All in favor. 8. City Council Reports and Updates. No items. 9. Staff Reports and Updates. No items. 6/13/16 41 Page 10. Adjourn. CM Warehime motioned to adjourn. Seconded by CM Darkenwald. All in favor. Motion carried. Adjourned at 9:45 PM. ATTEST: 6/13/16 Tami Loff, City Clerk yor Jessica Stockamp 5IPage