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09-24-07 CCOTSEGO CITY COUNCIL MEETING OTSEGO CITY HALL SEPTEMBER 24, 2007 6:30 PM i Mayor Lany Fournier will call the meeting to order. Mayor Fournier called the meeting to order at 6:35 PM. Roll ll: Mayor Larry Fournier; Councilmembers: Vern Heidner, Jessica Stockamp, Mark Thorsted and Tom Darkenwald. Staff: Mike Robertson, City Administrator; Judy Hudson, City Clerk/Zoning Administrator; Andrew MacArthur, City Attorney; Dan Licht, City Planner, Ron Wagner, City Engineer and Gary Groen, Finance Director. Pledge of Allegiance: Mayor Fournier led in the Pledge of Allegiance. 2 Consider agenda approval. Ron Wagner requested to add under Item 9.2. Federal Aid. CM Heffner motioned adoption of the agenda as amended. Seconded by CM Stockamp. All in favor. Motion carried. 3 Consider the following minutes. 3.1. Se tuber 10, 2007 Cray Council Meeting. Mayor Fournier said he would like some of the zoning discussion included under Kaleidoscope. CM Heidner motioned adoption of the minutes as amended. Seconded by CM Thorsted. All in favor. Motion carried. 4 Ogen Forum: (5 minute limit) No one spoke. 5 Consent Anda (Non -controversial items) 5.1. Approve Claims Ust. 5.2. Received August 8, 2007 Park A Rec Commission Minutes. 5.3. No Discharge Ordinance. 5.4. Approve Pay Request No.4 for CSAH 42 Traffic Signals in the amount of $11,871.40 to Killmer Electric Co. and no cost Change Order No.2 e)tending completion time. 5.5. Approve Pay Request No.4 for Otsego Creek Restoration Project in the amount of $13,504.77 to Dobki & Sons, Inc. 5.6. Approve Pay Request No.1 for Quantrelle Ave/8e St Improvement in the amount of $179,577.52 to Northdale Construction Co., Inc. 5.7. Approve Pay Request No -5 for Queens Ave. construction in the amount of $315,492.33 to Ryan Construction Co. 5.8. Approve Pay Request No.6 (Final) for Trunk Watennain and Forcemain along TH 101, CSAH 42 and CSAH 37 in the amount of $60, 709.57 to Hennen Construction Company. City Council Meeting September 240, 2007. Page 2. 5.9. Approve Final Pay Estimate for CSAH 42 (Parrish Ave) Reconstruction in the amount of $12,000.00 to Dresel Contracting Inc. CM Heidner motioned adoption of the Consent Agenda. Seconded by CM Stockamp. All in favor. Motion carried. • 7. Public Works. No items. 8 Dan Licht. City Planner. 81 Shamrock Development: A Rezoning from A-1 District to I-2 District. B Preliminary and Final Plat for Dara Glen Addition. Dan Licht presented the Planner's Report Ron Wagner went over the Engineering Report specifically addressing the street width. He is recommending an 80 Foot ROW with a 10 foot easement for a bike path. Jim Stanton, Shamrock Development, stated he agrees with all the conditions. CM Heidner motioned to approve a Zoning Map Amendment Rezoning the subject site from A-1 District to I-2 District based on a finding that the action is consistent with the Comprehensive Plan. Seconded by CM Thorsted. All In favor. Motion carried. CM Heidner motioned to approve a Preliminary and Final Plat for the Dara Gunn Addition, subject to the 12 conditions rested in the Planner's Report. Seconded by CM Stockamp. All in favor. Motion carried. 8.2. Kaleidoscotae Charter School_: A. Rezoning from I-2 Disb,ct to INS District. Dan Licht presented the Planner's Report. Debra Rathman, DRL Group, architect, showed the Floor/Site Plan and explained the use and amenities of the school. She gave a brief background on the proposed Charter School. Ms. Rathman also showed the changes to the original site plan. Dan Licht supported their changes and suggested some additional signage. Mayor Fournier said this school would be a wonderful addition to Otsego and asked what made them pick Otsego. Michelle, director of Kaleidoscope, said they wanted a central location in the two districts they serve. Mike Robertson asked how this school could be built so fast (opening Fall 2008). Mrs. Ragman said they currently have a contractor on board and can produce a law cost and attractive building for less money and in a timely manner. City Council Meeting September 24, 2007. Page 3. CM Heidner motioned to approve a Zoning Map amendment rezoning the proposed charter school site from I-2 District to INS District based on a finding that the action is consistent with the Comprehensive Plan. Seconded by CM Stockamp. All in favor. Motion carried. B PUD-CUP/Development Stade Plan for an approximately 40,500 aguare foot building to be as a charter school. CM Heidner motioned approve a PUD -CUP for Kaleidoscope Charter School, subject to the 10 conditions listed in the Findings of Fact. Seconded by CM Stockamp. All in favor. Motion carried. 9 Ron Wagner, QW Engineer. 91Consider apUMdng Engineering Manual uod tes. Ron Wagner went over some of the recommended changes previously discussed at the City Council Workshop on September 17, 2007. The Council would like Kurt Neidermeier and Brad Belair's comments prior to final approval. This item will be on the next City Council agenda. 2.2. Federal Aid tkm- Ron noted the City received $83,698.36, the final amount of Federal Aid for the Quaday Ave Improvement. Mr. Wagner updated the Council on the Progress of Water Tower No. 3, which is not on schedule for completion. CM Heidner motioned that he would like to see a Change Order for the Hwy 101 Project to include a path and curb cuts at Bob's Produce (Northwest corner at CSAH 42 and CSAH 39). Seconded by CM Stockamp. All in favor. Motion carried. 10 Andrew MacArthur QW Attorney. PUBLIC HEARING: 10.1. Issuance of Lease Revenue Bonds (Kaiekkff= Curter School Andy MacArthur went over the requirements and purpose of the Public Hearing. He noted that the bonds will be issued by the City of Falcon Heights and Otsego has to hold a Public Hearing and consent to this. Mayor Fournier asked if the City Attorney is comfortable with the bonds and that there is no liability to the City. Mr. MacArthur said he is, as it is between Falcon Heights and Kaleidoscope. CM Heidner said he doesn't see that we are required to have the Joint Powers Agreement. He said state law says that you can enter into an agreement like this without a Joint Powers Agreement. The Joint Power Agreement is something new and it wasn't mentioned previously. Mr. MacArthur responded that it was Bond Counsel Mary Ippel that drafted the Joint Powers Agreement CM Heidner said that other documents that we have received haven't mentioned a Joint Powers Agreement. City Council Meeting September 24, 2007. Page 4. The meeting was recessed to call the Bond Counsel. Andy MacArthur said Mary Ippel indicated that a Joint Powers Agreement would not be necessary but a lot of cities like to have them and that any reference to Joint Power Agreement can be deleted in the Resolution. Mayor Fournier said that the document should be changed so that the City Clerk signs it. Mayor Foumier opened the Public Hearing at 8:27 PM. Judy attested that all proper noticing, publishing and posting was completed. Hearing no public comment Mayor Fournier dosed the Public Hearing at 8:28 PM. Andy MacArthur said with these changes it can be done. CM Heidner motioned to approve Resolution 2007-68 with the following changes: 1. Delete reference to 3oint Powers Agreement in the heading. 2. In Section 1. delete "to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment and % 3. Delete Section 3. and replace with No. X 3, and 4 from the proposed 3oint Powers Agreement. Seconded by CM Thorsted. All in favor. Motion carried. 10.2. Review of Lawful Gambling. Andy MacArthur went over the proposed ordinances. Lyle Schosland, President of ER Youth Hockey, said that they are currently working on agreement with Rogers's youth Hockey. CM Darkenwald suggested to table until after the parties have worked out their agreement. CM Darkenwald motioned to table until the October 22, 2007 City Council Meeting. Seconded by CM Stodcamp. Motion carried 4 in favor CM Heidner was temporarily absent and dial not vote. 10.3. Qrdinance 07-11 Water Sanitary Sewer and Stormwaber Billing. Andy MacArthur went over the proposed ordinance. CM Heidner motioned to adopt Resolution 2007-58 and authorizing the City Clerk to codify Ordinance 07-13. Seconded by CM Darkenwald. All In favor. Motion carried. CM Heidner motioned to adopt the Ordinance Summary Seconded by CM Thorsted. All in favor. Motion carried. 10.4. Review of Couft ROW re nest for CSAH 37. City Engineer Ron Wagner reviewed the issue. Mike Robertson reviewed their meeting with the County Engineer. He said the County agreed it will not seek 75 feet of right-of-way on (SAH 37 and that the Northeast Wright County transportation plan will be amended to reflect that CM Heidner asked that the transportation plan include the resolutions each government passed approving the document due to the conditions that were placed on approval. Council agreed that the Wildflower Plat can be signed. City Council Meeting September 24, 2007. Page 5. 11. Council Items. 11 I. Approval of Park Rules Sign. Mike Robertson went over the proposed Park Rules. CM Heidner said he had a problem with glass. Dan Licht suggested using the ordinance language which refers to glass beverage containers. CM Thorsted would like it to say under pet rule "under control". Council consensus was to leave as is. Mayor Fournier asked what would be the size of the sign and what location. Mike Robertson said the sign would be at all park entrances and would be large enough to handle the rules. CM Thorsbed motioned to accept the Park Rules with the changes. Seconded by Cm Stockamp. All in favor. Motion carried. 11.2. RiveWnte/River Place Park. Mike Robertson said the neighborhood is requesting a park be built in this area, even if it's just a tot lot. He discussed the options staff reviewed for locations. Council directed that the Mayor and CM Stockamp approach the landowner adjacent to the neighborhood about purchasing some land. 12 Mike Robertson, C I Administrator. 12 .1. Consider MW Request of Central MN Initiative Fund. Mayor Fournier motioned not to consider. Seconded by CM HeKlner. All in favor. Motion carried. 14. Adloum by 10 PM. CM Stockamp motioned to direct the Festival Committee recognition at the next meeting. Mayor Fournier seconded. All in favor. Motion carried. Mayor Fournier asked to set a Workshop to discuss employee salaries. Workshop was set on October 15 after the Public Hearings. CM Darkenwakl motioned to adjourn at 9:10 PM. Seconded by CM Stockamp. AN in favor. Motion carried. Mayor Lamy Fournier Attest: so 7udy Hudson, Cleric/Zoning Admin.