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09-11-17 City Council MinutesOTSEGO CITY COUNCIL MEETING OTSEGO PRAIRIE CENTER SEPTEMBER 11, 2017 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, Corey Tanner and Tom Darkenwald. Staff: Adam Flaherty, City Administrator/Finance Director; Daniel Licht, City Planner; Ron Wagner, City Engineer; Andy MacArthur, City Attorney; and Tami Loff, City Clerk. Pledge of Allegiance: Mayor Stockamp led in the Pledge of Allegiance. 1. Open Forum. Jerome Bauer, 6685 Odean Avenue NE, asked why the Item 4.1 Public Hearing was not published in the newspaper. City Attorney MacArthur explained the notice was not required to be published in the newspaper further stating it was published on the city website and sent to the affected property owners. He stated this is a specific hearing that has to do with the DNR and the DNR has no specific specifications. Robert Strong, 14122 67th Circle NE, was here to speak on Item 4.1. Mayor Stockamp said he will be allowed to speak on this item during the public hearing later on the agenda. Ron Touchette, Representative for Boondox, 9100 Avenue NE, said he was here to speak on Item 5.1 Mayor Stockamp said he will be allowed to speak on this item at that time. 2. Consider Agenda Approval. CM Darkenwald asked for Item 3.2B to be removed from the consent agenda and placed as a separate item. CM Heidner motioned to approve as amended; Item 3.2B will be removed and placed on Item 8.1. Seconded by CM Tanner. All in favor. Motion carried. 3. Consent Agenda. (Non -controversial items). 3.1 Approve Claims List. 3.2 Approve City Council Meeting Minutes. A. August 28, 2017 Meeting. B. August 28, 2017 6 PM Spccial Mccting. REMOVED C. August 28, 2017 Special Meeting. 3.3 Approve City Council Special Pay for August 2017. 3.4 Adopt Resolution 2017-74 Calling an Assessment Hearing for Autumn Woods/Wokson Hills. 3.5 Call Special Meetings to Review Capital Improvement Plan and Public Utility Budgets. 3.6 Approve 2018-2019 Law Enforcement Contract with Wright County. CM Heidner motioned to approve with removal of Item 3.2. Second by CM Tanner. All in favor. Motion carried. 4. Public Hearing: 4.1 Proposed Outlet of MN DNR Waterbody 86-7W: A. Presentation by City Engineer. B. Comments by City Attorney. Wage 9/11/17 C. Mayor to Open the Public Hearing. D. Close the Public Hearing. City Engineer Wagner presented the staff report. The City is proposing to construct an outlet pipe for the DNR Pond 86-7W (Praught Pond) to DNR 86-8P to provide an outlet which allows for flood relief for DNR Pond 86-7W and surrounding property. The purpose of this meeting is to provide those surrounding landowners and public in general with information and to receive comments from the public. The DNR has requested for 86-7W to go directly to 86-8P due to water quality issues related to 86-302. The City is looking at completing the project this fall after the crops are off so that they don't affect the use of the affected property. City Engineer Wagner estimated the project to take about two weeks. (See City PowerPoint) City Engineer Wagner explained all of the areas were included in the watershed. An 18 inch pipe was chosen as to make a reasonable difference in 7W without negatively affecting downstream ponds. Run off of the watershed to the west would change the upper reach of the watershed to Otsego Creek; as it currently goes to Rice Lake. He said whenever possible we maintain existing watershed drainage areas. The City prepared a model comparing many different rainfall events. Even under extreme rainfall scenarios (14" in 48 hours) no downstream structures or homes are newly introduced to flooding and very little difference in evaluation occur, but 86-7W is allowed to drain down to provide storage for the next rainfall event and recede much more quickly from inundated property's and land surrounding 86-7W. Robert Strong, 14122 67th Circle NE, stated during the presentation that he has seen the City trucks out there pumping out City ponds. City Engineer Wagner said that is correct, further clarifying that the City pumped the ponds along 70th Street twice in 2016; he said it probably didn't help the situation with 86-7W, but the City had a road that needed to be kept open. City Attorney MacArthur stated this is a special public hearing which is being done on behalf of the DNR as one of the requirements of the permit. We have to record the public hearing and send that transcript to DNR staff to consider when deciding on whether or not to issue the permit. He said it's important to note that there is not going to be any Council discussion on this because the Council has already considered this project and ordered it to go forward once a permit is acquired. The issue here is the record that goes to the DNR. He further said it's important when you come up to speak that you identity yourself. He also said once the hearing is closed; no further comments will be accepted. Mayor Stockamp opened the Public Hearing at 7:30 PM. Jerome Bauer, 6685 Odean Avenue NE, said his first question is; nobody is going to dispute that all the water from these areas eventually gets to 86-8P. The question is that when the city installed the drain tiles they hooked up all existing field tiles. He said that his way of thinking is that it used public money to drain private land. Not only is the water getting to 86-7W; it never got to in the past before that tile; but it's getting there at high rate thought an 8 inch tile which is larger than most field tiles. Now you want to run an 18 inch to 86-8P. He said the water will go into 86-8P almost instantly and to say it will only raise it an inch is a fact that he questions. City Engineer Wagner said the preconditions included the soil type and the size of the drain tile and how long it takes to get through that pipe into the model so that those factors are taken into account in the preconditions and post conditions. Mr. Bauer questioned why there is only an 8 inch tile coming in why an 18 inch tile out. City Engineer Wagner said it's a very flat pipe and we wanted to make sure it had some affect lowering a very 21 Page 9/11/17 decent size pond; being the Praught Pond (86-7W) is 17 acres for it to even have any affect it needs to be that size; he said the flat pipe is rarely going to be running full. Mr. Bauer asked what if it doesn't work. City Engineer Wagner said we have a lot of storm ponds in the city and they all work. Mr. Bauer asked why the pipe wasn't flxed instead of this new project. City Engineer Wagner explained this hearing is about the new tile and not the old tile. But he said if the decision was made to go north to south to east we would have had to go through several different properties so we determined a way we knew would work and that's the route that was taken. Robert Strong, 14122 67th Circle NE, thanked City staff for the clear explanation. Thain Spar, 6868 Odean Avenue NE, presented a PowerPoint to the City Council with information that he assembled which included what he thought was data inconsistency and discrepancies. This information will be sent to the DNR for review along with the minutes of the hearing. City Engineer Wagner responded to the presentation by making the following points; 682 acres is without 7W subcatchment watershed overtopping and 782 acres is with 7W subcatchment watershed overtopping so we are saying the drainage area of 780 acres is including 7W; it's about 97 acres of drainage area at this time that's where that difference is. He further stated that the outlet modeled is an elevation overflow and the model is not showing an exact location; north/east etc., just that there is an outflow, in this case a broad crested wier which is a typical way of modeling a large over land outlet. Dave Schwebel, Representing Desoto Associate LLC, asked if we really know where the water will go; he said he is not getting a lot of confidence that when the water leaves 86-7W we know where it will go. The areas on the plan arrows heading up the northeast is that really where the water is going to go when 86-8P floods. City Engineer Wagner said if you look at the contours the 930 contour wraps around the south side, wraps around the west side, wraps around the north side of 86-8P and the only opening for it to get out is towards the east. Mr. Schwebel said right but you said no one was on the ground taking site evaluations. City Engineer Wagner stated that we are very confident that the water heads east from the contour maps. Mr. Schwebel said he has concern if the appropriate amount of study has been done. Ron Touchette, Representing Christ Church, the pre and post elevation 86-7W is four inches lower after the drain tile, is there a reason it would be lower than the historical level of that body of water. City Engineer Wagner said the four inches is indicating that the peak event precondition and four inches lower after we put the pipe in and that it starts to drain down from there. Mr. Touchette asked what the general elevation of the water level is on average. City Engineer Wagner said 926.7; that is where it will be once done. Mr. Touchette asked why you can't run from 86-7W to 302. City Engineer explained it is a requirement of the DNR. Gerard Zachman, 6184 Oakwood Avenue NE, said you put that new tile line in did you check out all the tile lines running into this 7W prior to putting that tile line in. He said he knows there was another tile line put in three years or so prior to this off the Valerius property that should have taken care of this problem. He said the question he is asking is why an 18 inch pipe is needed. Why wasn't the water made to go the west which he feels would have been quicker and cheaper. He said the overflow out of 8P will affect people downstream. He said he makes the hay in down there and it is a low area and the tiles out there are very old. He also questioned who is paying for the pipe. Mr. Zachman referenced issues related to Halls Pond from years back. It was explained we are only talking about this project here tonight. 3IPage 9/11/17 Mr. Zachman said he talked to James Bedell from the DNR and he is coming out to walk the property. He said he is not sure why the DNR is not present here tonight. Hearing no additional comments; CM Darkenwald motioned to close the Public Hearing at 8:04 PM. Seconded by CM Warehime. All in favor. Motion carried. 5. Community Development: 5.1 Consider Resolution Establishing No Parking Zones on Park Avenue and Parkington Circle. (Tabled from August 28, 2017) This item was tabled from the August 28, 2017 City Council meeting to wait for input from the survey that City staff sent to the affected residential property owners. City Planner Licht presented the staff report. Ron Touchette, Representative for Boondox, 9100 Avenue NE, stated he has concern with article published in the Star News regarding this item at the last meeting; his concern is the perception that is leading to this. It implies that Boondox removed parking signs and that is not the case; he said he was part of the original development year's back and the signs in place are the same signs as 2010. He stated he has a meeting set up with City staff tomorrow morning and respectfully asks that the City Council table this matter and wait until after that staff meeting. Mayor Stockamp spoke on the safety for residents and needing to keep the street accessible for emergency vehicles. DJ Hartley, I-94 Chamber Commerce President, said that Boondox has tried to work with adjacent business property owners with no luck. She spoke on how much Boondox has brought to the community. She said if you take away parking Boondox will have an issue and we need to keep it safe for all. She asked the City Council to table this item for further discussion with City staff. Kathy Brown, 9124 Parkington Circle NE, said she lives at the corner of Parkington Circle/Park Avenue; she said that people are parking on both sides of the road. She said she has lived there over 40 years and have never had an issue until now. She stated she also believes that the new banquet room is being used as an additional bar. Boondox owner Dawn Grover said they are trying to come up with different solutions for the parking issue and wants to work with everyone. She clarified that the event center is used Sunday- Thursday for volleyball. Kathy Brown, 9124 Parkington Circle NE, said that as far as she knows AmVet did offer their parking lot but Boondox did not want to pay for the upkeep. There was discussion on what has changed; causing this much issue with parking. Ms. Grover said she feels it's just from the community growing and people are more familiar with their establishment. CM Warehime said there has been a lot of talk about Boondox and what it brings to the community. He said the issue is not on what type of business, it's really an issue with parking and we need to address this issue for our residents. CM Heidner and Mayor Stockamp both spoke in agreeance. 4IPage 9/11/17 City Planner Licht referred to the map and recommended that restrictions be placed on Park Avenue and Parkington Circle (purple area of map) for no parking on the north side and people are still able to park on the south side of the road on green area of the map. The City Council concurred that something has to be done tonight for the safety of the residents. CM Warehime or we could limit parking in purple on one side of the street and then go with no parking on green area. Ron Touchette, Representative for Boondox, 9100 Avenue NE, said they agree with no parking on the circle and no parking on the north side and that will give them time to come up with a solution. Kathy Brown, 9124 Parkington Circle NE, stated Parkington Circle or driveways will continue to be used as turn around to get to the allowed parking. City Planner Licht recommended the following updates to Resolution 2017-73; 1. No parking on the north side of Park Avenue from Parrish Avenue (CSAH 42) to the intersection of Parkington Circle. 2. No parking between 5:OOPM and 2:OOAM each day on the north side of Park Avenue from the intersection of Parkington Circle to 92nd Street and the south side of Park Avenue from 120 feet west of Parkington Circle to 92nd Street, except by permit issued by the City to residential properties only. 3. No parking between 5:OOPM and 2:OOAM each day on both sides and the cul-de-sac turnaround of Parkington Circle, except by permit issued by the City to residential properties only. CM Darkenwald motioned to approve Resolution 2017-73 designating parking zones on Park Avenue and Parkington Circle within the City of Otsego with the recommendations from City Planner Licht as noted above. Seconded by CM Heidner. All in favor. Motion carried. 6. Parks and Recreation: 6.1 Consider Quotes for the Construction of Lefebvre Creek Park. CM Darkenwald said he will abstain from this item due to the park location next to his property. He removed himself from the dais at 8:55 PM. Parks and Recreation Director Ross Demant presented the staff report which included the recommendations for the Lefebvre park project. Mayor Stockamp asked how much was budgeted for this park. City Administrator/Finance Director Flaherty said around $315,000 and stated this is over budget. Mayor Stockamp said we need to be thoughtful on not going over budget to be consistent with other park projects. She also questioned the cost of the butterfly garden thinking it is too expensive. Mayor Stockamp motioned to approve with Alternate 1 (mister station) and Alternate 2 (the dailies) and the four contractors; 1. Peterson Companies for General Site Improvements. 2. Great Northern Landscapes for Irrigation, Water Service, and Landscaping Improvements. 51 Page 9/11/17 3. Midwest Playground Contractors for the Purchase and Installation of Playground Equipment. 4. Northland Recreation for the Purchase and Installation of a Park Shelter. Seconded by CM Tanner. Motion carried. 4-0. CM Darkenwald abstained. CM Darkenwald returned to the dais. 7. Administration: 7.1 Preliminary 2018 Property Tax Levy: A. Adopt Resolution 2017-75 Reducing the 2018 Debt Service Property Tax Levy. B. Adopt Resolution 2017-76 Setting a Preliminary Property Tax Levy for Taxes Payable 2018. C. Motion to set the Truth in Taxation Public Hearing. City Administrator/Finance Director Flaherty presented. CM Heidner motioned to approve Resolution 2017-75 reducing the 2018 debt service property tax levy certified in the original bond resolution. Seconded by CM Darkenwald. All in favor. Motion carried. CM Darkenwald motioned to approve Resolution 2017-76 adopting a preliminary tax levy for taxes payable in 2018. Seconded by CM Tanner. AH in favor. Motion carried. CM Warehime motioned set the Truth in Taxation public hearing for taxes payable in 2018 for 7:00 PM, on Monday, December 11, 2017. The meeting will be held in the Council Chambers at 8899 Nashua Avenue NE, Otsego, MN 55330. Seconded by CM Tanner. All in favor. Motion carried. 7.2 Adopt Resolution 2017-77 Authorizing Issuance and Sale of Conduit Revenue Bonds. City Administrator/Finance Director Flaherty presented. The issuance of bonds such as this does not constitute a financial obligation of the City and does not affect the City's bond rating and debt limit and all costs for issuance of the bonds are the obligation of the applicant. CM Darkenwald motioned to approve Resolution 2017-77 authorizing and providing for the issuance and sale of revenue bonds at the request of Evans Park, Inc., and approving the forms of documents required in connection therewith. Seconded by CM Warehime. All in favor. Motion carried. 8. City Council Reports and Updates. 8.1 Adopt Minutes from the August 28, 2017 6 PM Special Meeting. CM Heidner motioned to approve. Seconded by CM Warehime. Motion carried 4-0. CM Darkenwald abstained. Mayor Stockamp reminded everyone that the Otsego Prairie Festival is this Saturday. She thanks Parks and Recreation Director Demant and the committee for their work on this. She asked that the committee be brought to a future City Council meeting to be recognized. 9. Staff Reports and Updates. City Administrator/Finance Director spoke on the strategic planning dates. A final date was not determined at this time due to City Council schedules. This item will be placed on hold. Wage 9/11/17 City Administrator/Finance Director said he is looking for a motion to call the special meeting for the Elk River Fire Study review. CM Heidner motioned to call a special meeting on October 30, 2017 at 6:00 PM at Prairie Center, 8899 Nashua Avenue NE, to review the Elk River Fire Study with Fire Chief Cunningham and the consultant. Seconded by CM Warehime. All in favor. Motion carried. 10. This Portion of the Meeting to be Closed in Accordance with Minnesota Statute 13D.05, Subdivision 3, c, 3 to Develop or Consider Offers for the Purchase of Real Property. City Attorney MacArthur said this portion of the meeting to be closed in accordance with MN Statute 13D.05, Subdivision 3, c, 3 to develop or consider offers for the purchase of real property; for the following property ID numbers; 118-800-241400; 118-295-000010; 118-295-000020; 118-500-192300; 118-500-193100; 118-500- 192400; 118-500-194200; 118-500-191102; 118-500-203200; 118-500-203201; 118-265-001020; 118-265-001010; 118-500-202401; 118-500-202402; 118-500-201302; 118-500-201306; 118-500- 201305; 118-500-204202; and 118-500-204203. CM Darkenwald motioned to close the regular meeting for a closed session as outlined above at 9:30 PM. Seconded by CM Warehime. All in favor. Motion carried. CM Darkenwald motioned to close the closed session at 9:54 PM. Seconded by CM Warehime. All in favor. Motion carried. CM Darkenwald motioned to re -open the regular meeting at 9:54 PM. Seconded by CM Warehime. All in favor. Motion carried. 11. Adjourn. CM Darkenwald motioned to adjourn. Seconded by CM Warehime. All in favor. Motion carried. Adjourned at 9:54 PM. ATTEST: 9/11/17 Tami Loff, City Clerk ayor Jessica Stockamp 71 Page