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03-06-1989 Town Board MeetingState of Minnesota The Town Board of the Town of Otsego County of Wright met this 6th day of March, 1989 at Town of Otsego 800 P.M. Norman Freske, Chairman, Douglas Lindenfelser and Floyd Roden, Supervisors, James Barthel, Treasurer, Elaine Beatty, Deputy Clerk and Jerome Perrault, Clerk were present. The meeting was called to order by Chairman Norman Freske. Minutes of the February 27, 1989 Town Board Meeting were approved as read. Alton Drury appeared before the Board to request a Land Alteration Permit for land fill. He ownes the 8I/2 of Lots 6 & 38, the N1/2 of Lots 5 & 39, the 81/2 of Lots 7 & 37, and the N1/2 of Lots 6 & 38 in. Riverside Park, Sec. 10, Range 23. He intends to build a home on the lot after adding about 1200 cubic yards of fill. Motion by Douglas Lindenfelser to grant Alton Drury a Land Alteration Permit for approximately 1200 cubic yards of clean fill. Seconded by Norman Freske, all Board Members voted in favor of the motion. Motion by Floyd Roden to approve a Variance for a ninety (90') foot setback for the garage Mr. Drury intends to build. Seconded by Douglas Lindenfelser, all Board Members voted In favor of the motion. Patty Lefebvre of 9244 Parrish Avenue, appeared before the Board Lo request a permit for a Home Extended Busines, a Floor Covering Sales Showroom and Installation Business. It is a family operated business, most of which is done by appointment and does not create a lot of traffic. Motion.. by Douglas Lindenfelser to approve a Permit for a Home Extended Business for Patty. Lefebvre for a Floor Covering Sales Showroom and Installation Business. Seconded. by Floyd Roden, all Board Members voted in favor of the motion. Rudy Thibodeau, who owns the Minn-E--Golf Course :in Mississippi Shores 6TH Addition, appeared before the Board, to request a permit to expand his business when he opens this Spring. He wants to add a race track for radio-controlled. cars, a haunted house and a deck. Motion by Douglas Lindenfelser to grant Rudy Thibodeau a permit to install a race track for radio-controlled cars, a haunted house and a deck. Seconded by Norman Freske, all Board Members voted in favor of the motion. Chris Niel was present to say that she has presented. Elaine Beatty with a petition signed by 100% of the residents on 96TH Street in Mississipi Shores who are opposed to 96TH Street becoming a thru street into new developments West of Mississippi Shores. Motion by Norman Freske to appoint Dave Chase as Weed Inspector for the Township. Seconded by Floyd Roden, all Board Members voted in favor' of the motion. James Peterson Jr., and his Engineer, Terry Herman appeared before the Board with a revised plat for James Addition_ The plan has iargb lots for now with an addilional State of Minnesota County of Wright Town of Otsego Town Board Meeting March 6, 1989 - Page 2 - plan to sub -divide the 1ots and add moo streets in the future should sewer and water be installed. The drainage for the plat is planned for now and the future as well with catch basins and storm drain extensions. Attorney Bill Radzwill said that ho feels there will need co be some type of deed restrictions put on the lots so that in. the futare should the lots be sub -divided there will not be buildings constructed .in the area where new streets would be built. The lots would need to show easements for future streets and utilities. Mr. Radzwill stated that he has advised the Township to require a Developers Contract between the Developer and the Township which would include a schedule of fees to affect the costs incurred by the Township when new developments are put in. Motion by Floyd Roden to approve the preliminary plat for James Addition on condition that a Developers Contract be agreed on between Lhe Developer and the Township, Seconded by- Norman Freske, all Board Members voted in favor o the motion, Motion by Norman Freske to amencl the Park Dedication in James Addition to change it to the Township accepts it as an Outlot to be used as the Township desires. Seconded by Douglas Lindenfelser, all Board Members voted in favor of the motion, Engineer Pete Raatikka appeared before the Board to say that at the request of Attorney Bill Radzwill, he had done a study of impact Fees as pertaining to residential developments and Developers Contract.s. He presented the Board with a letter ( attached to these Minutes) explaining the results of his study, On the advice of Attorney Bill Radzill and Engineer Pete Raatikka, the Board decided to require a Developers Contract for all new developments. Motion by Norman Freske co require a Developers Contract for all Developments, charging a schedule of fees per lot as follows COMPREHENSIVE PLANNING FEE $ 100.00 STORM DRAINAGE IMPROVEMENT CHARGE 300.00 STREET MAINTENANCE CHARGE 160.00 ADMINISTRATIVE ANI) PROFESSIONAL COSTS 200.00 (In Escrow) A PARK FEE OF $300.00 PROVIDING THE COUNTY DOES NOT COLLECT A PARK FEE. Seconded by Floyd Roden, all Board Members voted in favor of the motion. Motion by Floyd Roden to approve and adopt ORDINANCE NO. 7, an Ordinance prohibiting unreasonable acceleration. and erratic driving within Lhe Township, Seconded by Norman Freske, all Board Members voted in favor of the motion. This Ordinance will be in effect upon publication State of Minnesota County of Wright Town of Otsego Town Board Minutes March 6, 1989 Page 3 - Motion by Floyd Roden to approve extension of the Farm Assessory Mobil Home Permit of Alfred Barthel & Sons for two (2) years. Seconded by Douglas LAndenfelser, all Board Members voted in favor of the motion. Motion by. Floycl Roden to approve a Dog. Catcher Contract with Charles Axelson at $4.50 per hour and $.24 per mile effective March 1, 1989 to March 1, 1990, Seconded hy Norman Freske, all Board Members voted in favor of the motion. Proceeding as a Board of Audit, the Town Board audited and allowed Verified Accounts Nos 109 to 139 inclusive. On motion the meeting adjourned. NORMAN F. FRESKE, CHAIRMAN -SUPERVISOR DOUGLAS LINDENFELSER, SUPERVISOR FLOYD RODEN, SUPERVISOR ATTEST: JEROME PERRAULT, CLERK jP/eb hil March 6, 1989 Hakanson Anderson Assoc., Inc. Honorable Chairman & Board Members Otsego Township 13474 N.E. 95th Strglt Elk River, MN 55330 Re: Capital Improvements Program Dear Board Members: Engineers, Surveyors & Landscape Architects As requested by your Town Attorney, Mr. Bill Radzwill, I have reviewed the costs of providing capital improvements to the future citizens of the Town of Otsego. The first step in preparing a capital improvements program is to develop a comprehensive plan for the community. A comprehensive plan would include a land use section and a public facilities section. The land use section would esta::1_.zh land use goals and policies and provide Otsego with a plan for development. The public facilities section would determine what facilities the town would provide for its citizens and goals and policies on providing those facilities. In most communities, the elements of a public facilities section includes transportation, waste management, storm sewers, water and parks and open space. Otsego will also require a new town or city hall and public works garage. Generally, most communities will assess the costs of the capital improvement to the benefitted property owners at the time they are installed. Also, grants and other funding programs will be used to finance projects to the greatest extent possible to minimize the impact on the citizens of Otsego. However, the preparation of the Comprehensive Plan, Capital Improvements Program, and grant applications will have to be financed by the Town. 222 Monroe Street Anoka, Minnesota 55303 612/427-5860 Fax 612/427-3401 Eugene J. Hakanson, P.E. James M. Winter, LS. Lawrence G. Koshak, P.E. Peter R. Raatikka, PE. Page 2 March 6, 1989 Since the new development in the town will create the need for the public facilities and a capital improvement program, I would recommend that the town charge an impact planning fee for all new lots developed of $100.00. This fee could be used to assist with the Comprehensive Planning for the town. I would be happy to review and discuss the recommended planning fee with you at your convenience. Sincerely, HAKANSON ANDERSON ASSOCIATES, INC. Peter R. Raatikka, P.E. /mlc cc: Board Members (3) Elaine Beatty, Clerk Bill Radzwill, Attorney File: OT9:11-1 X11 March 6,: 1989 Hakanson Anderson Assoc., Inc. Honorable Chairman & Board Members Otsego Township 13474 N.E. 95th Street Elk River, MN 55330 Re: Development Impact Fees Dear Board Members: Engineers, Surveyors 8. Landscape Architects As requested by your Town Attorney, Mr. Bill Radzwiil, I have compiled a list of development or impact fees the Town should require developers to pay at the time of platting property. The proposed fees are as follows: Comprehensive Planning Fee Storm Drainage Improvement Charge Street Maintenance Total Estimated Impact Fee: $100 $300 $150 or $.50/sq.yd. $550 The comprehensive planning would help the town pay for planning costs in the development of a Comprehensive Plan and a Capital Improvements Program. The storm drainage improvement charge would help pay for the town's trunk storm sewer. The proposed charge would be consistent with the assessments that were levied for the trunk storm sewer project for Hall's Addition and adjacent areas. Those properties that were assessed previously should not be subject to the Storm Drainage Improvement Charge. The street maintenance charge is proposed to cover the initial sealcoating of the streets, which is proposed to be completed within three years of surfacing. I have estimated this fee to be $150 per lot or $0.50/sq. yd. of bituminous surfacing in the plat whichever is greater. In addition to the above discussed impact fees, the Town should charge the developer for its administrative and professional costs involved with the plat process. Based on my passed experience, I would recommend that the Town require an escrow of $200 per lot at the time of platting. Any unused funds should be returned to the developer upon completion of the platting. 222 Monroe Street Anoka, Minnesota 55303 612/427-5860 Fax 612/427-34t1 Eugene J. Hakanson, P.E. James M. Winter, I.S. Lawrence G. Koshak, P.E. Peter R. Raatikka, P.E. Page 2 March 6, 1989 Under Minnesota State Statutes, the Town has an authority to assess a park fee or require park dedication by the developer. Typically, up to 10 percent of the area platted can be required for park or cash payment can be charged in lieu of park dedication. Based on park fees in surrounding areas, I would recommend that a fee of $300 per lot be charged. It is my understanding that Wright County assesses a park fee of approximately $100 per lot for lots developed in Otsego. Therefore, the board may wish to reduce the Town's share to $200 so the total park fee doesn't exceed $300. I would be happy to discuss and answer any questions you may have in regard to the proposed development and impact fees. Sincerely, HAKANSON ANDERSON ASSOCIATES, INC. Peter R. Raatikka, P.E. /mlc cc: Board Members (3) Elaine Beatty, Deputy Clerk Bill Radzwill, Attorney File: OT9:11-1 ORDINANCE NO. 7 TOWN OF OTSEGO WRIGHT COUNTY, MINNESOTA AN ORDINANCE PROHIBITING UNREASONABLE ACCELERATION AND ERRATIC DRIVING The Town Board of Supervisors of the Town of Otsego, Wright County, Minnesota, ordains SECTION 1. Unreasonable Acceleration A. No person shall start or accelerate any motor vehicle with an unnecessary exhibition of speed on any public highway, street, road, parking lot, alley or other public property, or upon any private street or road freely used by the general public. B. Unreasonable acceleration of a motor vehicles hereby efined as acceleration which unnecessarilybreaks the traction between a tire or tires of a motor vehicle and the driving surfce, therebycausing squealing or screeching sounds by the motor vehicle's tire or tires or the unnecessary throwingof sand or gravel by the tires of said vehicle or both. SECTION 2. Erratic Driving No person shall drive a motor vehicle on a public highway, street, road, parking lot, allely or other public property, or upon a private street or road freely used by the general public at erratic or irregular and changing speeds so as to create a. ha7,ard to himself or oather persons or propertyor so as to interfere with other traffic in the area. SECTION 3. Penalty Any person found guilty of violatinganyprovision of this ordinance shall he guilty. of a petty. misdemeanor and upon conviction thereof shall he punished by a fine not to exceed the maximum fine for a petty misdemeanor provided for by State Law, plus costs of prosecution. SECTION 4. Effective Date This ordinance becomes effective from and after its passage and publication. Passed in the name of the Town of Otsego by. the Town Board this 6th Day of March, 1989.